HomeMy WebLinkAboutCC 2006-06-26 Agendas
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL WORK SESSION AGENDA
NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
~-_:_- Monday, June 26, 2006
(, 6:00 P.M.
Discuss Items from Regular è-¡ty'Council Meeting
B.1 IR 2006-074 Review NRH20 Marketing Efforts (15 minutes)
B.2 IR 2006-076 Update on Water Conservation Plan; Good Water Usage (15 minutes)
C.O EXECUTIVE SESSION
C.1 Executive Session Pursuant to Sec. 551.071, Texas Government Code to Consult with
Attorney to Seek Advice about Pending Litigation: Jacobson v City of North Richland
Hills, et al.
C.2 Executive Session Pursuant to Sec. 551.071, Texas Government Code to Consult with
Attorney to Seek Advice about Pending Litigation: Laura Friend v City of North Richland
Hills
D.O ADJOURNMENT
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on June 22, 2006 at Lj.'J-ð/JrY1.
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L/aI-¿¡(Vti~
City Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817-427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, June 26, 2006
7:00 P.M.
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Copies of the full City Council agenda information packet are accessible prior to every
regularly scheduled Monday Council meeting according to the following locations and
schedule:
D Library on the Friday prior to the meeting (available electronically)
D City Hall on the day of the meeting (hard copy available)
Additionally, the agenda packet is available for download from the City's web site at
www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council
meeting.
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A.O
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A.2
A.3
Call to Order - Mayor Oscar Trevino
Invocation - Councilman Sapp
Pledge - Councilman Sapp
Special Presentation(s) and Recognition(s) - Proclamation
National Parks and Recreation Month - Presented by Councilman Welch
A.4 Special Presentation(s) and Recognition(s) - Keep NRH Beautiful
Yard of the Month Winners - Presented by Keep NRH Beautiful Commission
Member David Webb and Councilwoman Compton
A.5 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Councilor another City Board or
Commission at a later date. In order to address the Council, please complete a
Public Meeting Appearance Card and present it to the City Secretary prior to the
start of the Council meeting.
A.6 Removal of Item(s) from Consent Agenda
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B.O
CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed
to require little or no deliberation by the City Council and will be voted on in one
motion. There will be no separate discussion of these items unless a Council
Member so requests, in which event the item will be removed from the Consent
Agenda and considered.
B.1 Approval of Minutes of June 12, 2006 City Council Meeting
B.2 PU 2006-046 Award Bid for Annual Contract to Print Various City Newsletters and
Brochures - Resolution No. 2006-050
B.3 PU 2006-047 Award of Bid to Dean Construction in the Amount of $558,974.80 for the
Construction of the South Electric Trail Project - Resolution No. 2006-051
B.4 GN 2006-056 Execute Change Order #1 to the Construction Contract with American
Civil Constructors, Inc. for the Walker's Creek Multi-Use Trail Project in the Amount of
$37,779.32 - Resolution No. 2006-053
C.O PUBLIC HEARINGS
No items for this category.
D.O PLANNING AND DEVELOPMENT
No items for this category.
E.O PUBLIC WORKS
No items for this category.
F.O GENERAL ITEMS
F.1 GN 2006-053 Denial of 2005 Interim Rate Adjustment Proposed by Atmos Energy
Corporation, Mid-Tex Division - Ordinance No. 2890
F.2 GN 2006-054 Denial of Request For a Rate Increase by Atmos Energy Corp., Mid-Tex
Division Filed on May 31, 2006 - Ordinance No. 2891
F.3 GN 2006-055 Consider Approval of Policy on Uses of Revenues from Gas
Exploration/Production - Resolution No. 2006-052
F.4 GN 2006-050 Appointment to CIP Committee
F.5 GN 2006-051 Appointments to Boards & Commissions
F.6
GN 2006-052 Appointment of Board Delegate to Reinvestment Zone Number 1 and
Reinvestment Zone Number 2
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F.7
GN 2006-057 Appointments to Animal Control Shelter Advisory Committee - Places 2
and 4
F.8 GN 2006-058 Appointments to Park and Recreation Facilities Development Corporation
- Places 1, 3, 4, 5 & 7
F.9 Information and Reports - Mayor Pro Tem Lewis
F.10 Adjournment
All items on the agenda are for discussion and/or action.
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on June 22,2006 at ¿¡,'J? pm. .
~ðt~~
City Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817-427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
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A.O
B.1
B.2
C.O
C.1
City of North Richland Hills
City Council Work Session Meeting Agenda
North Richland Hills City Hall Pre-Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, June 26, 2006
6:00 P.M.
Discuss Items from Reqular City Council Meetinq
IR 2006-074 Review NRH20 Marketinq Efforts (15 minutes)
IR 2006-076 Update on Water Conservation Plan: Good Water Usaqe (15
minutes)
EXECUTIVE SESSION
Executive Session Pursuant to Sec. 551.071, Texas Government Code to
Consult with Attorney to Seek Advice about Pendinq Litiqation: Jacobson v City
of North Richland Hills, et al.
C.2 Executive Session Pursuant to Sec. 551.071, Texas Government Code to
Consult with Attornev to Seek Advice about Pendinq Litiqation: Laura Friend v
City of North Richland Hills
0.0 ADJOURNMENT
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DepartmentCity Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date:6-26-2006
Agenda NO.A.O
Subject: Discuss Items from Regular City Council Meeting
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-074
Date: June 26, 2006
Subject: Review NRH20 Marketing Efforts
Elizabeth Copeland, NRH20 Marketing Coordinator will present a PowerPoint
presentation on the marketing efforts at NRH20 including branding philosophy, radio
and television spots, special promotions and special events designed to increase
attendance at the park. Many of the recent marketing efforts are recommendations
from the updated NRH20 Strategic Plan.
Respectfully Submitted,
Vickie Lattice
Director of Parks and Recreation
..... ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS -
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-076
Date: June 26, 2006
Subject: Update on Water Conservation Plan; Good Water Usage
On June 20, 2006, the Trinity River Authority (TRA) called a special meeting with its
customer cities (Euless, Bedford, Colleyville, Grapevine and North Richland Hills) to
discuss water conservation. Water conservation has become a high priority due to the
existing severe drought conditions that North Texas is currently experiencing. Water
supplies are being impacted by the drought and TRA believes that its customer cities
need to participate in a water conservation plan to provide adequate water service.
Some of the highlights of the meeting concerning the drought and water supply
conditions are noted below.
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· Our area normally has on average 10 to 15 days of temperatures above 100
degrees. The National Weather Service is predicting 30 days or more of 100
degree days for this summer.
· The National Weather Service has predicted that there will not be adequate
precipitation to break the drought during the summer of 2006.
· All area lakes are reporting below normal lake levels. Lake capacities are at 70-
81 % on average.
· Our area needs more than 12 inches of precipitation to break the severe drought
conditions.
. Water demand is 25% above normal conditions.
· Most of the Tarrant County cities are currently on mandatory or some type of water
restrictions.
At the meeting, the cities agreed to develop a water conservation method similar to the
cities of Fort Worth and Arlington. Several of the cities attending the meeting also get
their water supply from the City of Fort Worth as does North Richland Hills. These
cities must adopt water conservation methods that meet the minimum conditions as
listed in the Fort Worth plan. (Actually the City of North Richland Hills has a Water
Conservation/Drought Contingency Plan & Water Rationing Implementation Plan in
place now that was revised by City Council in May, 2005. It has similar provisions to
the Fort Worth plan.) Under our water supply contract with Fort Worth, North Richland
Hills must also adopt the minimum criteria of the Fort Worth ordinance. At this time,
the TRA cities decided to adopt a portion of the Fort Worth Water Conservation Plan
which consists of "prohibition on outdoor watering from 10 a.m. to 6 p.m. from
June 1 to September 30, except with a hand-held hose or soaker hose".
..... ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS -
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By adopting these hours of non-water usage, the surrounding cities will have similar
water restrictions or water conservation methods in place. This should help alleviate
any confusion for the citizens. All cities will have the same plan. North Richland Hills
and the surrounding cities believe that this cooperative plan will help ensure that
adequate water supply is available to all residents of the area. (The cities of Southlake
and Keller have adopted similar water conservation ordinances at recent Council
Meetings. )
North Richland Hills is required by the terms of our contract with Fort Worth, to adopt all
of the Fort Worth water conservation methods Fort Worth anticipates that revisions will
be made to their existing plan, but the non-water usage hours as noted above will not
change. Fort Worth expects to have revisions made by the fall of this year and
therefore North Richland Hills will need to adopt the entire plan by winter or spring.
We encourage all efforts among our staff and customers to conserve water and to
practice good water usage. The City will adhere to the water restrictions in the same
manner as we require residential and commercial customers. Water is one of our most
valuable natural resources, and the wise and efficient use keeps the water supply
available for all people.
Action is not required from Council at this time. The City Attorney believes that we
already have an ordinance that will allow us to implement water restrictions consistent
with those of the City of Fort Worth. However we will review the proposed ordinance
that is being prepared for the TRA cities to see if it would be desirable to modify our
existing ordinance any. We will be providing further information to Council on this
matter in the next several weeks, as it is important for us to begin soon to implement the
water restrictions as Fort Worth has required. Our objective will also be to thoroughly
communicate with our customers about the needed restrictions through our newsletters,
internet, utility bill inserts, public announcements, Citicable, media, and any other
means possible.
We will present an overview to Council at the worksession and will be prepared to
respond to any questions.
Respectfully submitted,
Jimmy Cates
Public Works Operations Manager
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Department: City Secretary
Presented by:
Subject: EXECUTIVE SESSION
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date:6-26-2006
Agenda No.C.O
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DepartmentCity Secretary
Presented by:
Subject ADJOURNMENT
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date:6-26-2006
Agenda No.D.O
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A. 1
A.2
A.3
A.4
City of North Richland Hills
City Council Regular Meeting Agenda
North Richland Hills City Hall Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, June 26, 2006
7:00 P.M.
A.O
Call to Order - Mayor Oscar Trevino
Invocation - Councilman Sapp
Pledae - Councilman Sapp
Special Presentation(s) and Recoanition(s) - Proclamation
National Parks and Recreation Month - Presented by Councilman Welch
Special Presentation(s) and Recoanition(s) - Keep NRH Beautiful
Yard of the Month Winners - Presented by Keep NRH Beautiful Commission
Member David Webb and Councilwoman Compton
A.5 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Councilor another City Board or
Commission at a later date. In order to address the Council, please complete a
Public Meeting Appearance Card and present it to the City Secretary prior to the
start of the Council meeting.
A.6 Removal of Item(s) from Consent Aaenda
B.O CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed
to require little or no deliberation by the City Council and will be voted on in one
motion. There will be no separate discussion of these items unless a Council
Member so requests, in which event the item will be removed from the Consent
Agenda and considered.
B.1 Approval of Minutes of June 12, 2006 City Council Meetina
B.2 PU 2006-046 Award Bid for Annual Contract to Print Various City Newsletters
and Brochures - Resolution No. 2006-050
B.3 PU 2006-047 Award of Bid to Dean Construction in the Amount of $558,974.80
for the Construction of the South Electric Trail Proiect - Resolution No. 2006-051
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F.3
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F.5
F.6
8.4 GN 2006-056 Execute ChanQe Order #1 to the Construction Contract with
American Civil Constructors, Inc. for the Walker's Creek Multi-Use Trail Proiect in
the Amount of $37,779.32 - Resolution No. 2006-053
C.o PUBLIC HEARINGS
No items for this category.
0.0 PLANNING AND DEVELOPMENT
No items for this category.
E.O PUBLIC WORKS
No items for this category.
F.O GENERAL ITEMS
F.1 GN 2006-053 Denial of 2005 Interim Rate Adiustment Proposed bv Atmos
Enerav Corporation, Mid-Tex Division - Ordinance No. 2890
F.2 GN 2006-054 Denial of Request For a Rate Increase by Atmos EnerQV Corp.,
Mid-Tex Division Filed on Mav 31, 2006 - Ordinance No. 2891
GN 2006-055 Consider Approval of Policv on Uses of Revenues from Gas
Exploration/Production - Resolution No. 2006-052
GN 2006-050 Appointment to CIP Committee
GN 2006-051 Appointments to Boards & Commissions
GN 2006-052 Appointment of Board Deleaate to Reinvestment Zone Number 1
and Reinvestment Zone Number 2
F.7 GN 2006-057 Appointments to Animal Control Shelter Advisory Committee _
Places 2 and 4
F.8 GN 2006-058 Appointments to Park and Recreation Facilities Development
Corporation - Places 1. 3. 4. 5 & 7
F.9 Information and Reports - Mavor Pro Tern Lewis
F.10 Adiournment
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 6-26-2006
Agenda NO.Ä.O
Subject: Call to Order - Mayor Oscar Trevino
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 6-26-2006
Agenda No.A.1
Subject: Invocation - Councilman Sapp
CITY OF
NORTH RICHLAND HILLS
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Department: City Secretary
Presented by:
Council Meeting Date: 6-26-2006
Agenda NO.Ä.2
Subject: Pledge - Councilman Sapp
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CITY OF
NORTH RICHLAND HILLS
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Department: Parks and Recreation
Presented by: Councilman Tim Welch
Council Meeting Date: 6-26-2006
Agenda No.A.3
Subject: Special Presentation(s) and Recognition(s) - Proclamation
National Parks and Recreation Month - Presented by Councilman Welch
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CITY OF NORTH RICHLAND HILLS
PROCLAMATION
WHEREAS, July is recognized as National Parks and Recreation Month by the
National Recreation and Park Association; and
WHEREAS, parks, recreation and leisure experiences provide opportunities for
people to live, grow, and develop into contributing members of society; and
WHEREAS, parks and recreation generates opportunities for people to come
together and experience a sense of community through fun recreational pursuits; and
WHEREAS, parks and recreation provides outlets for physical activities,
socialization, and stress-reducing experiences; and
WHEREAS, parks, playgrounds, nature trails, open spaces and recreation
facilities make communities desirable places to live, work and play, contributing to
economic vitality; and
WHEREAS, parks, trails and open space provide a welcome respite from our fast
paced, high-tech lifestyles while protecting and preserving our natural environment; and
WHEREAS, parks and recreation touches the lives of individuals, families,
groups, and the entire community which positively impacts upon the social, economic,
health and environmental quality of our community,
NOW, THEREFORE, I Oscar Trevino, Mayor of the City of North Richland
Hills do hereby proclaim, the month of July as:
"PARKS AND RECREATION MONTH"
in the City of North Richland Hills and urge all citizens to celebrate by participating in
one of the many leisure pursuits available in our city, by our NRPA Gold Medal Award
Winning Parks and Recreation Department.
IN WITNESS WHEREOF, I have hereunto set
my hand and caused the seal of the City of
North Richland Hills to be affixed this the 26th
day of June, 2006.
Oscar Trevino, Mayor
CITY OF
NORTH RICHLAND HILLS
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Department: Neighborhood Services
Presented by: David Webb / Councilwoman Compton
Council Meeting Date:6-26-2006
Agenda No.A.4
Subject: Special Presentation(s) and Recognition(s) - Keep NRH Beautiful
Yard of the Month Winners - Presented by Keep NRH Beautiful Commission Member
David Webb and Councilwoman Compton
Anne Kells, 6428 Devonshire
James L. & Barbara Lockhart. 6700 Riviera
Don & Rockie McCormick. 6633 Parkridae Dr.
Lee & Mary Criaui. 5541 Misty Meadow
James H. Miller, 7921 Creek View Dr.
Chad Oberly, 7036 Payte Ln.
Mike & Vickie Cooper. 8205 Thornhill Dr.
Carey & Dyanne Lerew, 7017 Windhaven Rd.
Robert L. Burns, 8425 Parkdale Dr.
Business Landscape Winner Sparks, 5209 Rufe Snow
AREA 1
AREA 2
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AREA 4
AREA 5
AREA 6
AREA 7
AREA 8
AREA 9
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 6-26-2006
Agenda NO.A.5
Subject: Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Councilor another City Board or Commission at
a later date. In order to address the Council, please complete a Public Meeting
Appearance Card and present it to the City Secretary prior to the start of the Council
meeting.
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 6-26-2006
Agenda NO.Ä.6
Subject: Removal of Item(s) from Consent Agenda
CITY OF
NORTH RICHLAND HILLS
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Department: City Secretary
Presented by:
Council Meeting Date: 6-26-2006
Agenda No. B.O
Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed to
require little or no deliberation by the City Council and will be voted on in one motion.
There will be no separate discussion of these items unless a Council Member so
requests, in which event the item will be removed from the Consent Agenda and
considered.
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CITY OF
NORTH RICHLAND HILLS
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Department: City Secretary
Presented by: Patricia Hutson
Council Meeting Date:6-26-2006
Agenda NO.B.1
Subject: Approval of Minutes of June 12, 2006 City Council Meeting
Recommendation:
To approve the minutes of the June 12, 2006 City Council meeting.
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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 - JUNE 12, 2006
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
1 ih day of June, 2006 at 5:45 p.m. in the Pre-Council Room prior to the 7:00 regular
Council meeting.
Present:
Oscar Trevino
John Lewis
Tim Welch
Ken Sapp
Suzy Compton
Tim Barth
David Whitson
Staff Members: Larry J. Cunningham
Richard Torres
Karen Bostic
Patricia Hutson
Monica Solko
George Staples
Mary Edwards
John Pitstick
Larry Koonce
Mike Curtis
Vickie Lottice
Drew Corn
Steve Brown
Pat Murphy
Richard Abernethy
Absent:
Scott Turnage
Ogden Bo Bass
Call to Order
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilman
Councilman
City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
Assistant City Secretary
City Attorney
Public Information Officer
Director of Planning & Development
Finance Director
Public Works Director
Director of Parks & Recreation
Budget Director
Library Director
Police Administrative Services Captain
Assistant to the City Manager
Councilman
Assistant City Manager
Mayor Trevino called the Work Session to order at 5:45 p.m.
Ä.1 Discuss Items from Reaular City Council Meeting
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Agenda Item C.1, ZC 2006-04 and Agenda Item C.2, ZC 2006-07 - Mayor Trevino
questioned if the zoning for both cases was approved, would the zoning meet the
requirements of the Land Use Comprehensive Plan and City ordinances. Staff advised
the zoning for the two cases was consistent with the Comprehensive Plan and City
ordinances. Council was advised by Staff that a petition had been received in favor of
the C-1 zoning, but that the original petition was still in effect and a vote of 6-0 would be
needed to approve the zoning.
Agenda Item B.1, May 22, 2006 Minutes - Council was advised that the City Secretary
had made a correction to the May 22, 2006 minutes. Item F-6 had been corrected to
reflect that Staffs recommendation was to award the bid for the mineral leases of Fossil
Creek Park and Linda Spurlock Park to FSOC Gas Co., Ltd (Four Sevens Oil Co., Ltd)
instead of the Harding Company. Council was asked to include the correction to the
minutes with the motion to approve the Consent Agenda.
B.1 IR 2006-068 Update on Library Desiqn
Mr. Steve Brown, Library Director, introduced Mr. Craig Reynolds, BRW Architects, and
other members of the library design team.
Mr. Craig Reynolds presented a PowerPoint presentation updating the Council on the
design of the project. Mr. Reynolds highlighted the site plan, floor plans and the exterior
building elevations. Mr. Reynolds pointed out revisions made to the exterior elevations
from the original design that was presented to Council several months ago. Mayor
Trevino questioned whether the HomeTown Architectural Board had provided input in
the architectural design of the building. Mr. Dan Quinto, Arcadia Realty and Executive
Manager of HomeTown, advised that the project had been reviewed by HomeTown and
suggested additional design features that could be incorporated to further enhance the
project. Council discussed their desire for the building to compliment the surrounding
area and expressed a desire for additional architectural features to be included in the
bid process that would further enhance the building as well as the surrounding area.
Staff advised Council of some add alternatives that were already being included in the
bid process. After considerable discussion, Council consensus was for some of the
additional architectural features discussed also be included as add alternatives to the
bid. Council also directed the Library Director to convey to the Library Board Council's
desires for their consideration during the bid process.
B.2 Executive Session
Mayor Trevino announced at 6:31 p.m. that the Council would adjourn to Executive
Session as authorized by Chapter 551 of the Government Code to discuss the
following: a) Personnel Matters as Authorized by Section 551.074 to Discuss
Appointment of Municipal Court Judge and Alternate Judges and Establish a Salary for
Such Term; b) Land Acquisition for Park as Authorized by Section 551.072 - Graham
Ranch Area; and c) Land Acquisition as Authorized by Section 551.072 - Purchase of
Easements and/or Rights-of-Way for Water System Improvements in the area North of
. the Shady Oaks Addition.
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C.O Adiournment
The Mayor announced at 6:59 p.m. that the Executive Session would recess to the
regular Council meeting and would reconvene following the Council meeting.
REGULAR COUNCIL MEETING
A.O
CALL TO ORDER
Mayor Trevino called the meeting to order June 9, 2006 at 7:07 p.m.
ROLL CALL
Present:
Oscar Trevino
John Lewis
Ken Sapp
Suzy Compton
Tim Barth
David Whitson
Tim Welch
Mayor
Mayor Pro Tern
Councilman
Councilwoman
Councilman
Councilman
Councilman
Staff:
Larry J. Cunningham
Richard Torres
Patricia Hutson
Monica Solko
George Staples
City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
Absent
Scott Turnage
Ogden Bo Bass
Councilman
Assistant City Manager
A.1
INVOCA TION
Councilman Whitson gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Councilman Whitson led the pledge of allegiance.
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A.3
SPECIAL PRESENT A TION(S) AND RECOGNITION(S)
None.
A.4
CITIZENS PRESENTATION
Ms. Laverne O'Steen, 8429 Emerald Circle, presented letter dated May 16, 2006 from
FEMA addressed to Mike Curtis, Public Works Director. Ms. O'Steen advised that the
City faxed to FEMA, at FEMA's request, a copy of the city issued Flood Plain
Development Permit for Emerald Lakes Subdivision. The permit was missing the
signature of the flood plain administrator and FEMA asked the City to sign the original
permit or to develop another permit using current forms and procedures.
Mayor Trevino asked Ms. O'Steen if she also received from FEMA another letter from
FEMA and asked what the letter stated.
Ms. O'Steen advised that she did receive a second letter from FEMA, but did not have a
copy with her.
Mr. Mike Curtis, Public Works Director, read the letter from FEMA dated May 12, 2006
to Ms, O'Steen from Dale Hoff. The letter advised that "the City properly allowed the
development in question to be built and that all provisions of the community's flood
damage prevention ordinance and the regulatory requirements of the National Flood
Insurance Program have been met." The letter also advised that if the walls are
deteriorating or are structurally unsound, then Ms. O'Steen should seek the assistance
of those who have the responsibility to make the repairs.
Mayor Trevino moved Agenda Item F. 7 to this point in the agenda - Information and
Reports: Report on May 22, 2006 Citizen Presentation.
F.7
INFORMATION AND REPORTS
REPORT ON MAY 22, 2006 CITIZEN PRESENTATION
Mr. Staples, Attorney for City, read a memo he sent to Mayor Oscar Trevino dated June
5, 2006 addressing Laverne O'Steen's May 22, 2006 Citizen Comment. The letter
stated:
"Mrs. O'Steen gave you a copy of a May 16, 2006 letter from a FEMA official to
Public Works Director Mike Curtis which reflects that FEMA requested and was
provided copies of material from city files and that the copy of the 1992 flood
plain permit issued by the city was unsigned. That letter also reflects that the
permit was issued by the city and FEMA issued a Letter of Map Revision (LOMR)
in 1994 based on the permit after the construction was finalized.
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Nothing within Chapter 102 of the City's Code of Ordinances requires a
signature, although § 102.63 contemplates that the city's flood plain administrator
will approve such permits. It is possible that the original of the permit was signed
and the copy contained in the city's files was not. Since FEMA issued the LOMR
based upon compliance of the as-built project with the city issued permit which
was in turn based on engineering plans prepared and submitted by the
developer's engineers, this unsigned copy is of no significance since it was
merely a vehicle for the issuance of the LOMR.
Mrs. O'Steen failed to furnish you a copy of the May 12, 2006 letter from the
same FEMA official opining that the city acted properly and that the issue of
repairs to the retaining wall about which Mrs. a'Steen has been complaining
should be addressed to those who have the responsibility for making the repairs.
It is quite clear that Mrs. O'Steen's homeowner's association has the
responsibility for repairing and maintaining that wall and that the city and its
taxpayers have none.
The correspondence from FEMA confirms my previous advice that there have
been no violations of the city's charter and that the lake was properly permitted. "
A.4
CITIZENS PRESENTATION
(Continued)
Mr. Bill Craycraft, 8300 Euclid Avenue, spoke on recent vandalism in HomeTown and
requested that nightly patrols be increased in the addition.
A.5
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
B.O
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVAL OF MINUTES OF MAY 22, 2006 CITY COUNCIL MEETING.
B.2 FP 2006-03 CONSIDERATION OF A REQUEST FROM STERLING
PROPERTIES FOR APPROVAL OF A FINAL PLAT OF LOT 2. BLOCK 11
BRENTWOOD ESTATES ADDITION AND DETENTION MAINTENANCE
AGREEMENT (8500 BLOCK OF DAVIS BOULEVARD).
B.3 PW 2006-016 APPROVE THE ABANDONMENT OF A PORTION OF A
SANITARY SEWER EASEMENT LOCATED WITHIN BRENTWOOD ESTATES,
.
.
.
B.4
BLOCK 1, LOT 2 AND AUTHORIZE THE CITY MANAGER TO EXECUTE A
QUITCLAIM DEED - ORDINANCE NO. 2888
PW 2006-017 AWARD OF BID TO JLB CONTRACTING, LP, IN THE AMOUNT
OF $655,910.84 FOR THE CONSTRUCTION OF THE SIMMONS DRIVE (MID
CITIES BOULEVARD TO GRAND AVENUE) PROJECT
GN 2006-047 APPROVE AGREEMENT WITH TARRANT COUNTY TAX
ASSESSOR/COLLECTOR FOR THE COLLECTION OF CITY PROPERTY
TAXES - RESOLUTION NO. 2006-048
B.5
COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA, WITH CORRECTION TO
MAY 22, 2006 MINUTES AS PRESENTED EARLIER DURING THE WORK SESSION - ITEM F-6
REVISED TO REFLECT THAT STAFF RECOMMENDED AWARD OF BID TO FSOC GAS CO., LTD
(FOUR SEVENS OIL CO., L TO). COUNCILMAN WELCH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
Mayor Trevino advised that Executive Session had been recessed earlier in the evening
and that at the conclusion of the regular council meeting, Council would reconvene in
Executive Session. Following Executive Session, Council will return to the Council
Chambers in open meeting, take any action if necessary, and adjourn.
PUBLIC HEARINGS
C.1
ZC 2006-04 CONTINUATION OF PUBLIC HEARING AND CONSIDERATION
OF A REQUEST FROM ROYAL BUILDING CORPORATION AND
COMIS DEVELOPMENT CORPORATION FOR A ZONING CHANGE
FROM "AG" AGRICULTURAL TO "R-2" RESIDENTIAL
(LOCATED IN THE 6800 BLOCK OF SIMMONS ROAD - 2.1759 ACRES)
ORDINANCE NO. 2880
APPROVED
Mayor Trevino announced that the Public Hearing was opened at the May 8, 2006
Council meeting and was continued to the June 12th meeting.
Nature of item is to consider rezoning a 2.1759 acre tract from "AG" Agricultural to "R-2"
Residential. The zoning will require a minimum of 9,000 square foot lots and 2,000
square foot minimum houses. The proposed zoning is consistent with the
Comprehensive Plan. A preliminary plat has been approved by the Planning and
Zoning Commission consisting of seven R-2 residential lots. An existing single-family
structure and out-buildings located in the middle of the tract will be removed with the
platting of the tract. The Planning & Zoning Commission recommended approval on
April 20 by a vote of 7-0. The request was originally brought before Council on May 8,
.
2006 with a petition of opposition requiring a super majority vote for approval. Staff
recommends approval of ZC 2006-04 and Ordinance No. 2880.
Mr. Mark Comis, applicant, presented the zoning request and was available to answer
questions from the Council. Mr. Comis advised that he had obtained a petition of
support signed by 16 property owners; 14 residing on Simmons Road, and a letter from
the Smiths and Patty Musch requesting to be removed from the original petition of
opposition. The petition and letters have been submitted to Staff.
Attorney Staples advised that the first petition was still valid and that to approve the
request a super majority vote was still required by Council.
Mr. John Pitstick, Director of Planning & Development, summarized the item and
presented the recommendations of the Planning & Zoning Commission and Staff.
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward.
Ms. Patricia Stewart, 8708 Stewart Drive, spoke against the zoning request. Ms.
Stewart was in favor of one house per acre.
Mr. David Cole, 9139 Grapevine Highway, Suite 540, spoke in favor of the request. Mr.
Cole advised that he owned two acres along Amundson and asked Council for a vote of
. approval.
Mr. and Mrs. Emile Muzquiz, 8713 Copper Canyon Road, spoke against the request.
Mr. and Mrs. Muzquiz preferred fewer homes on the property.
Mr. Ralph Schwab, 8713 Stewart Drive, advised he was not against building houses on
the property, but wanted one house per acre.
David and Kathy Marthe, 8620 Amundson, owners of the property, requested Council to
approve the request.
There being no one else wishing to speak, Mayor Trevino closed the Public Hearing.
COUNCILWOMAN COMPTON MOVED TO APPROVE ZC 2006-04, ORDINANCE No. 2880. MA VOR
PRO TEM LEWIS SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
.
C.2
ZC 2006-07 PUBLIC HEARING AND CONSIDERATION OF
A REQUEST FROM ROYAL BUILDING CORPORATION AND
COMIS DEVELOPMENT CORPORATION FOR A ZONING CHANGE
FROM "AG" AGRICULTURAL TO "R-1" RESIDENTIAL
.
(LOCATED IN THE 8800 BLOCK OF RUMFIELD ROAD - 1.31 ACRES -
ORDINANCE NO. 2885
APPROVED
Mayor Trevino opened the Public Hearing.
Nature of item is to consider a zoning request to rezone a 1 .31 acre tract from "AG"
Agricultural to "R-1" Residential for the purpose of developing a two-lot subdivision. The
proposed zoning is consistent with the Comprehensive Plan. The Planning and Zoning
Commission recommended approval on May 18 by a vote of 5-0. Staff is
recommending approval of ZC 2006-07 and Ordinance No. 2885. A petition of
opposition has been received and a super majority vote will be required by Council for
this zoning case to be approved.
Mr. Mark Comis, applicant, presented the item and was available to answer questions
from the Council.
Mr. John Pitstick, Director of Planning and Development, summarized the item and
presented the recommendations of the Planning and Zoning Commission and Staff.
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward.
. There being no one wishing to speak, Mayor Trevino closed the Public Hearing.
COUNCILMAN SAPP MOVED TO APPROVE ZC 2006-07, ORDINANCE No. 2885. COUNCILMAN
BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
C.3
GN 2006-043 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
THE NORTH RICHLAND HILLS SUBDIVISION ORDINANCE
TO REQUIRE COMPLETENESS REVIEW OF DEVELOPMENT
APPLICATIONS FOR THE PURPOSE OF DETERMINING THE
EFFECTIVE DATE OF VESTED RIGHTS UNDER CHAPTER 245
OF THE TEXAS LOCAL GOVERNMENT CODE -
ORDINANCE NO. 2886
APPROVED
Nature of item is to consider amendment to the Subdivision Ordinance requIring a
completeness review of development application for the purpose of determining the
effective date of vested rights under Chapter 245 of the Texas Local Government Code.
The statute allows developers to develop under ordinances in effect at the time the
developer makes application. The City's authority is reinforced by the statute to require
. that any plat, development plan or zoning application be complete before the provisions
.
.
.
of the Zoning Ordinance go into effect. The City has ten days to review and accept all
applications. There will be a designated vested rights date shown in the case study
whenever preliminary plats, final plats, site plans, special use permits or planned
developments are presented to the Planning and Zoning Commission or City Council to
make it clear to all parties when development rights have been established.. The
Planning and Zoning Commission reviewed the changes on May 18 with the City
Attorney and Staff, conducted a public hearing on June 1 and approved the revisions to
the Subdivision Ordinance by a vote of 5-0.
Mayor Trevino opened the Public Hearing.
Mr. John Pitstick, Director of Planning and Development, presented the item and
answered questions from the Council. Council was advised that Staff is reviewing
additional minor revisions to the Subdivision Ordinance that will be brought to Council
later for approval.
Mayor Trevino called for those wishing to speak for or against the proposed ordinance
to come forward.
There being no one wishing to speak, Mayor Trevino closed the Public Hearing.
COUNCILMAN WELCH 'MOVED TO APPROVE ORDINANCE No. 2886. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
C.4
GN 2006-045 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
THE NORTH RICHlAND HillS SUBDIVISION ORDINANCE TO REQUIRE
ADEQUATE PUBLIC FACiliTIES FOR DEVELOPMENT AND ESTABLISHING A
PROCEDURE FOR DETERMINATION OF ROUGH PROPORTIONALITY OF
DEVELOPER EXACTIONS FOR SUCH FACiliTIES. -
ORDINANCE NO. 2887
APPROVED
The proposed ordinance will amend the Subdivision Ordinance to require adequate
public facilities for development and establish a procedure for deter~ining rough
proportionality. The statute requires that if a municipality requires a developer to pay a
portion of the cost of municipal infrastructure improvements by dedicating property,
paying fees or paying construction costs, a licensed professional engineer retained by
the municipality will determine the amount required for the improvements that are
roughly proportionate to the proposed development. The licensed engineer will be the
engineer in the Public Work Department. Water and sewer impact fees are exempt
from the requirement and Park fees will not be affected by the amendment. The
developer's share cannot exceed the amount determined to be roughly proportionate. A
letter from the Public Works Department will accompany each plat describing each
.
.
.
development's rough proportional impact on the street and drainage system. The
Planning and Zoning Commission and City Council will consider the City Engineer's
report regarding the proportionality and may grant a variance to the requirements of the
Subdivision Ordinance. Some plats will be accompanied by a developer's agreement
that will describe specific requirements of the City and Developer. At the time of
development, the developer will be responsible for constructing their proportional share
of street and drainage impacts based on the City Engineer's report with concurrence by
the Planning and Zoning Commission and the City Council.
Mayor Trevino opened the Public Hearing
Mr. John Pitstick, Director of Planning and Development, presented the item,
summarized the issues and answered questions from the Council. Mr. Pitstick advised
that the ordinance would go into effect June 15.
Mayor Trevino called for anyone wishing to speak for or against the proposed ordinance
to come forward.
There being no one wishing to speak, Mayor Trevino closed the Public Hearing.
MAYOR PRO TEM LEWIS MOVED TO APPROVE GN 2006-045, ORDINANCE No. 2887.
COUNCILMAN WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
D.O
PLANNING & DEVELOPMENT
There were no items for this category.
E.O
PUBLIC WORKS
There were no items for this category.
F.O
GENERAL ITEMS
F.1
GN 2006-046 U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
ADMINISTRATION FOR CHILDREN AND FAMILIES 2006 GRANT REQUEST,
RESOLUTION NO. 2006-047
APPROVED
.
.
.
Resolution No. 2006-047 authorizes the City to execute a Family Resource Community
Grant application to the U.S. Department of Health and Human Services Administration
for Children and Families. The grant is a five-year grant that would begin on October 1,
2006. The City will file the application and be the grantee. A portion of the grant
funding will be used to contract with Tarrant County Youth Collaboration to set up and
initially manage the program in years 1 and 2 and the goal would be to gradually shift
the management of the grant to Police Department personnel funded through the grant.
The grant would create a pilot program that would develop and implement an alternative
community response system to better assist families in need and to improve outcomes
of children who are at risk for neglect and abuse.
Police Captain Pat Murphy explained the purpose of the grant and answered Council
questions. Mr. John Ross, Tarrant County Youth Collaboration, also discussed the
grant and answered questions from Council.
AFTER DISCUSSION BY THE COUNCIL, COUNCILWOMAN COMPTON MOVED TO APPROVE
RESOLUTION No. 2006-047. COUNCILMAN WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 5-1; MAYOR PRO TEM LEWIS, COUNCILWOMAN COMPTON,
COUNCILMEN BARTH, WHITSON AND WELCH VOTING FOR AND COUNCILMAN SAPP VOTING
AGAINST.
F2.
PU 2006-045 AWARD OF THE PROFESSIONAL SERVICES AGREEMENT
TO LOPEZ GARCIA GROUP IN THE AMOUNT OF $43,000 FOR
THE LAKES AT CALLOWAY CREEK STUDY-
RESOLUTION NO. 2006-049
APPROVED
Nature of item is to consider awarding a professional services agreement to study the
feasibility of creating a lake or lakes or other attractive features at Calloway Creek and
other improvements planned as part of the redevelopment of the North Hills Mall
property. Staff is recommending the award of the agreement to Lopez Garcia Group in
the amount of $43,000. Services to be provided by Lopez Garcia include 1) develop
conceptual alternates for proposed channel improvements between Booth Calloway
Road and Rodger Line Drive; 2) Prepare opinions of probably costs for each of the
proposed channel alternatives; 3) conduct field surveys and a tree survey and perform
necessary court house research; 4) develop hydrology models, update and revise flood
profiles to reflect proposed alternatives; 5) determine permitting requirements from US
Army Corps of Engineers, FEMA, and TCEQ (if required) to implement each of the
proposed channel improvements alternatives; and 6) develop preliminary schedule for
tasks required to implement each alternative.
Ms. Vickie Lottice, Parks and Recreation Director, summarized the item and answered
questions from the Council.
.
COUNCILMAN WELCH MOVED TO APPROVE PU 2006-045 TO AWARD THE PROFESSIONAL
SERVICES AGREEMENT TO LOPEZ GARCIA GROUP IN THE AMOUNT OF $43,000 FOR THE
LAKES AT CALLOWAY CREEK STUDY, RESOLUTION No. 2006-049. COUNCILMAN SAPP
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
F3.
GN 2006-039 AUTHORIZING CITY MANAGER TO SIGN CONTRACT
FOR ELECTRIC SERVICES
RESOLUTION NO. 2006-040
APPROVED
The Cities Aggregation Power Project (CAPP) of which North Richland Hills is a
member has asked participating members to pass a resolution designating an individual
to enter into a power contract on behalf of their City. This will allow CAPP member
cities to act promptly and enter into a power contract under the most favorable terms.
The proposed resolution will authorize the City Manager to sign an electric services
contract when electric prices become favorable for the City's 2007 and 2008 electricity
needs.
Ms. Karen Bostic, Managing Director, presented the proposed resolution and explained
. the purpose.
COUNCILMAN WHITSON MOVED TO APPROVE GN 2006-039 AND RESOLUTION No. 2006-040.
COUNCILWOMAN COMPTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
F4.
GN 2006-048 APPOINTMENT OF MUNICIPAL COURT JUDGE AND
ALTERNATE JUDGES AND ESTABLISH A SALARY FOR SUCH TERM-
ORDINANCE NO. 2889
APPROVED
Ms. Karen Bostic, Managing Director, presented the item. Ms. Bostic recommended the
reappointment of Judge Ray Oujesky as Municipal Court Judge and Glynnis McGinty
and Stewart Bass as Alternate Judges. Ms. Bostic also recommended Judge Oujesky's
salary to be established at $58,600.
MA VOR PRO TEM LEWIS MOVED TO APPROVE GN 2006-048 AND ORDINANCE No. 2889,
APPOINTING RAY OUJESKY AS MUNICIPAL JUDGE AND GLYNNIS MCGINTY AND STEWART
BASS AS ALTERNATE JUDGES AND ESTABLISHING THE JUDGE'S SALARY AT $58,600.
COUNCILMAN WHITSON SECONDED THE MOTION.
.
.
.
.
MOTION TO APPROVE CARRIED 6-0.
F.5
GN 2006-049 APPOINTMENTS TO PLANNING AND ZONING COMMISSION AND
CAPITAL IMPROVEMENT ADVISORY COMMITTEE - PLACES 1, 2 AND 7
APPROVED
Ms. Patricia Hutson, City Secretary, presented the recommendations for appointments
to the Planning and Zoning Commission and Capital Improvement Advisory Committee.
Mayor Pro Tem Lewis is recommending the appointment of Mr. Mark Haynes to Place
1, term expiring June 30, 2007. Councilman Sapp is recommending the ~ppointment of
Mr. Mike Benton to Place 2, term expiring June 30, 2008. Councilman Welch is
recommending the appointment of Mr. Steve Cooper to Place 7, term expiring June 30,
2007.
COUNCILMAN WELCH MOVED TO APPROVE THE APPOINTMENTS TO THE PLANNING & ZONING
COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE AS PRESENTED.
COUNCILMAN WHITSON SECONDED THE MOTION.
Motion to approve carried 6-0.
F.6
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION
LISTED ON WORK SESSION AGENDA
Mayor Trevino moved item to after the Information and Reports.
F.7
INFORMATION AND REPORTS
REPORT ON MAY 22 2006 CITIZEN PRESENTATION
Report was presented with Item A.4 following Ms. Q'Steen's citizen presentation.
F.8
INFORMATION AND REPORTS
Councilman Welch made the following announcements:
The City of North Richland Hills continues its spring concert series at Green Valley
Park, 7701 Smithfield Road. The next concert will be "Blake and Fallon" and "The
.
.
.
Django Walker Band" starting at 6:30 p.m. on Friday, June 16th. Admission is free.
Please bring your lawn chairs and blankets. For more information, call 817-427-6620.
Join us for the grand opening of "Tipps Canine Hollow at Northfield Park" on Saturday,
June 17th. This new park is devoted entirely to dogs and their owners. Opening day
activities will start at 8 a.m. with a walk-a-thon benefiting the NRH Animal Adoption &
Rescue Center. The grand opening ceremony will begin at 9 a.m. For more information,
please call 817-427-6620.
The North Richland Hills Public Library is joining with 11 neighboring cities for a "One
Book One Community" event. During June and July, residents of the participating cities
are invited read the same book, "Isaac's Storm" by Erik Larson. There will be several
opportunities to share and discuss the book at programs in the participating libraries.
For more information, please call 817-427-6800.
Kudos Korner - Staff, Utility Customer Service Office - A note was received from a first
time homeowner stating that the service he received from the Utility Customer Service
Office was of the highest quality. He said the employees who helped him were among
the most courteous people he has ever met.
RECESS TO EXECUTIVE SESSION
Mayor Trevino recessed the Council meeting at 8:58 p.m. and announced that the
Council would recess to Executive Session to discuss two items as authorized by the
Chapter 551 of the Government Code - 1) Land Acquisition for Park as Authorized by
Section 551.072 - Graham Ranch Area and 2) Land Acquisition as Authorized by
Section 551.072 - Purchase of Easements and/or Rights-of-Way for Water System
Improvements in the area North of the Shady Oaks Addition.
BACK TO ORDER
Mayor Trevino reconvened the regular Council meeting at 10:02 p.m. with all Council
members present as previously recorded and advised that Council would take action on
one Executive Session item.
F.6
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION
LISTED ON WORK SESSION AGENDA
LAND ACQUISITION FOR PARK - GRAHAM RANCH AREA
MAYOR PRO TEM LEWIS STATED THAT INASMUCH AS THE CITY COUNCIL IN 2003 ACCEPTED AN
OFFER FOR THE SALE TO THE CITY OF A PARCEL OF PROPERTY BY GRAHAM RANCH PARTNERS
FOR A PARK AND THE SELLER HAS DECLINED TO CONSUMMATE THIS SALE AND ATTEMPTED TO
OBTAIN MORE MONEY THAN THE PRICE OFFERED, I MOVE THAT THE OFFER BE REJECTED.
COUNCILMAN WELCH SECONDED THE MOTION.
.
.
.
Mayor Trevino commented that the City had been placed in a position of having
accepted an offer for a park and then having the offer pulled with a request for
additional money and that the Council needed to be fiscally responsible to the citizens.
Mayor Trevino asked Staff and the Parks Department to look at what could be done to
establish a park in that proximity of the City.
Motion to approve carried 6-0.
F.9
ADJOURNMENT
Mayor Trevino adjourned the meeting at 10:07 p.m.
ATTEST:
Oscar Trevino - Mayor
Patricia Hutson - City Secretary
CITY OF
NORTH RICHLAND HILLS
.
Department: Finance
Presented by: LKoonce/MEdwards
Council Meeting Date: 6-26-2006
Agenda No.B.2
Subject: PU 2006-046 Award Bid for Annual Contract to Print Various City Newsletters
and Brochures - Resolution No. 2006-050
In the 2005/2006 approved budget, Council appropriated funds for the printing of
various brochures and newsletters. Formal bids were solicited for an annual contract to
include printing and delivery of three different publications. The publications included in
the bid are the City Newsletter for the Communications Department, and the Discover
Brochure and Tennis Center Brochure for the Parks and Recreation Department.
Current funding is available to print each publication three times a year.
Because the content of each issue will vary depending on the information to be
included, vendors were requested to submit a quote for printing one issue of each
newsletter or brochure as a sample. Attached is a spreadsheet detailing the bids
submitted with the recommended bid award for each publication highlighted.
Staff is recommending the annual contract to print the City Newsletter and the Tennis
Center Brochure to Brodnax Printing and the Discover Brochure to MacDirect. Brodnax
Printing and MacDirect have previously done work for the City and have always
produced quality work and completed each publication within the requested time line. A
. conflict of interest questionnaire is on file for each vendor.
Recommendation:
Approve Resolution No. 2006-050.
.
.
.
.
Annual Contract to Print City Newsletter and Brochures
Bid #06-1307
City Discover Tennis Center
Vendor Newsletter Brochure Brochure
Cockrell Printing $20,133 No Bid No Bid
Brodnax Printing $12,075 $35,450 $2,985
Dallas Offset No Bid $38,765 No Bid
Hurst-Euless ." $20,182 $46,866 $3,446
Printing
Best Press $14,085 $36,090 $4,185
MacDirect $27,582 $35,080 $4,697
F.J. Business $14, 185 No Bid No Bid
Forms
.Ni~H
RESOLUTION NO. 2006-050
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH lAND
HillS, TEXAS THAT:
SECTION 1 : THAT the City Manager is hereby authorized to execute the agreement
with Brodnax Printing to provide the City Newsletter and the Tennis Center
Brochure and the agreement with MacDirect to provide the Discover
Brochure, as the act and deed of the City.
PASSED AND APPROVED this the 26th day of June, 2006.
ATTEST:
CITY OF NORTH RICHLAND HILLS:
Patricia Hutson, City Secretary
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
.
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Larry Koonce, Director of Finance
.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Parks and Recreation
Presented by: Vickie Lottice
Council Meeting Date: 6-26-2006
Agenda NO.B.3
Subject: PU 2006-047 Award of Bid to Dean Construction in the Amount of $558,974.80
for the Construction of the South Electric Trail Project - Resolution No. 2006-051
The currently approved Parks and Recreation Facility Development Capital
Improvement Program includes funding for the construction of the South Electric Trail
which is an approved ISTEA grant project. The project provides for 2 miles of 10 feet
wide concrete multi-use trail located within the TXU Easement between Rufe Snow and
Boulevard 26. The trail has terminus points just west of Rufe Snow in the Diamond Lach
area and at Boulevard 26 with connections to the future Boulevard 26 Trail located
along .t~~ Calloway Branch drainage corridor.
The City's share of $157,500 represents 21 % of the total grant of $750,000. The
Federal share of the project totals $592,500.
Nine bids were received on April 18, 2006 as follows:
Dean Construction
McMahon Contracting
Stahele & Wenn
American Civil Constructors
Jeske Construction
Fain Group
Reliable Paving
Cates, Courtney & Robuck
AU I Contractors
$558,974.80
$714,426,64
$789,241.10
$812,431.66
$835,736.42
$856,383.83
$858,756.38
$878,266.95
$938,695.40
The available funding for construction included in the approved CIP Budget is $650,900.
The Fort Worth Area Office of the Texas Department of Transportation (TxDOT) and
TxDOT's Austin Headquarters have recently approved the low bid submitted by Dean
Construction in the amount of $558,974.80 and have authorized the City of North
Richland Hills to award the construction contract.
Dean Construction has previous experience with the City of North Richland Hills
including the construction of Liberty Park, Tommy and Sue Brown Park, Cross Timbers
Park and Green Valley Park.
The scheduled completion date, according to the Construction Agreement, is January
23, 2007, assuming that construction begins on July 17, 2006.
A conflict of interest questionnaire is on file with the city.
.
.
.
Recommendation: To approve Resolution No. 2006-051.
. Ni~H
RESOLUTION NO. 2006-051
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND
HillS, TEXAS:
SECTION 1 : THAT the City Manager is hereby authorized to execute a construction
contract with Dean Construction in the amount of $558,974.80, for the
construction of the South Electric Trail Project, as the act and deed of the
City.
PASSED AND APPROVED this the 26th day of June, 2006.
ATTEST:
CITY OF NORTH RICHLAND HILLS:
Patricia Hutson, City Secretary
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
.
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Vickie Lottice, Director of Parks and Recreation
.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Parks and Recreation
Presented by: Vickie Lottice
Council Meeting Date: 6-26-2006
Agenda No.B.4
Subject: GN 2006-056 Execute Change Order #1 to the Construction Contract with
American Civil Constructors, Inc. for the Walker's Creek Multi-Use Trail Project in the
Amount of $37,779.32 - Resolution No. 2006-053
The recently completed Walker's Creek Multi-Use Trail and Bicycle Transit Station is a
2.8 mile multi-use trail starting at Boulevard 26 and terminating at the Cotton belt Trail
while making connections to Walker's Creek Girls Softball Complex, Home Town Lakes
and Dick Faram Park. The project was funded through the Transportation Equity Act
for the 21 st Century (TEA-21) grant. The City's share of $421,000 represents 20% of the
total grant of $2,105,000.
The construction contract was awarded by City Council on October 14, 2004 in the
amount of $1,482,629.14 to American Civil Constructors, Inc. The construction budget
for the project was $1,770,750.
This change order, in the amount of $37,779.32 is attributable to increases in the in-
place quantities for paving materials, rip-rap, sediment fencing and RCP drainage pipe
compared to the originally proposed material quantities included in the plans and
specifications. These additional costs resulted from modifications of the design resulting
from field conditions.
The original contract amount is $1,482,629.14. Upon execution of this change order the
final contract amount will be $1,520,408.46, which still represents a significant savings
of $250,341.54 in the overall project budget.
Recommendation: To approve Resolution No. 2006-053
. NI~H
RESOLUTION NO. 2006-053
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HillS, TEXAS:
SECTION 1 : THAT the City Manager is hereby authorized to execute Change Order #1
with American Civil Constructors, Inc. in the amount of $37,779.32, for the
construction of the Walker's Creek Multi Use Trail Project, as the act and
deed of the City.
PASSED AND APPROVED this the 26th day of June, 2006.
ATTEST:
CITY OF NORTH RICHLAND HILLS:
Patricia Hutson, City Secretary
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
.
George Ä. Staples, City Attorney
APPROVED AS TO CONTENT:
Vickie Lottice, Director of Parks and Recreation
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Department: City Secretary
Presented by:
Subject: PUBLIC HEARINGS
No items for this category.
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 6-26-2006
Agenda No.C.O
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 6-26-2006
Agenda No.D.G
Subject: PLANNING AND DEVELOPMENT
No items for this category.
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Department: City Secretary
Presented by:
Subject: PUBLIC WORKS
No items for this category.
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 6-26-2006
Agenda No.E.O
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Department: City Secretary
Presented by:
Subject: GENERAL ITEMS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 6-26-2006
Agenda NO.F.O
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CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Karen Bostic
Council Meeting Date: 6-26-2006
Agenda No.F.1
Subject: GN 2006-053 Denial of 2005 Interim Rate Adjustment Proposed by Atmos
Energy Corporation, Mid-Tex Division - Ordinance No. 2890
Atmos Energy Corporation, Mid-Tex filed its third surcharge request under the Gas
Reliability Infrastructure Program ("GRIP") statute, seeking to add additional surcharges
on top of the 2003 and 2004 GRIP surcharges already approved by the Railroad
Commission. Council Suspended this request at the May 8, 2006 City Council meeting.
The 2005 surcharges are $0.51 on all residential customers, $1.75 for commercial
customers, and $78.47 for industrial customers. If this third surcharge were to be
approved, the total amount of surcharges resulting from the GRIP statute would be
$1.09/month for residential customers, $3.68/month for commercial customers, and
$151.96/month for industrial customers. The ordinance denies the 2005 surcharge
request on the grounds that it does not comply with the law, is not reasonable, and
because it is duplicative of the Company's Statement of Intent filing for the same period
of time.
The following problems have been identified in this filing: (i) the capital structure and
component costs used by Atmos do not represent Atmos Energy's costs, but are
proxies based on TXU Gas' circumstances; (ii) the rate base amounts used show
enormous and unexplained increases over the amounts in both 2003 and 2004 that are
not shown to be reasonable; and (iii) the Statement of Intent filed May 31, 2006 with the
Commission and the Cities also includes Atmos' 2005 investment, making the 2005
GRIP filing unnecessary and creating the potential for double-counting and double-
recovery for this investment.
The attached ordinance denies the Atmos GRIP filing, authorizes the City to participate
in cooperation with other cities within the Atmos Energy Corp., Mid-Tex Division as part
of the Atmos Cities Steering Committee (ACSC), authorizes ACSC to hire legal and
consulting services and to negotiate with the company and direct any necessary
litigation, authorizes intervention as part of ACSC in any appeal of the city's action to
the Railroad Commission, requires for prompt reimbursement of costs incurred by the
City, and provides for notice of this ordinance to Atmos.
Recommendation:
Approve Ordinance No. 2890
.NI~H
ORDINANCE NO. 2890
AN ORDINANCE OF THE CITY OF NORTH RICHlAND HillS, TEXAS,
DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX
DIVISION, FOR AN ANNUAL GAS RELIABiliTY INFRASTRUCTURE
PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A
PART OF THE COMPANY'S STATEWIDE GAS UTiliTY
DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER
CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION
DISTRIBUTION SYSTEM AS PART OF THE A TMOS CITIES STEERING
COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND
CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY
AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING
INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S
ACTION TO THE RAILROAD COMMISSION; PROVIDING A
REQUIREMENT FOR A PROMPT RERIMBURSEMENT OF COSTS
INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH
THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY lAW; AND PROVIDING FOR NOTICE OF THIS
ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION.
.
WHEREAS, on or about March 30, 2006, Atmos Energy Corp., Mid-Tex Division, (the
"Company") filed with the City a request for an annual gas reliability
infrastructure program ("GRIP") rate increase for customers on the
Company's statewide gas utility system to be effective May 30, 2006; and
WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's
request as it pertains to the distribution facilities located within the City,
pursuant to Texas Utilities Code §§ 102.001 (b) and 103.001; and
WHEREAS, it is reasonable for the City to cooperate with other cities in a coalition of
cities in opposition to the Company's filing at the Railroad Commission
("Commission"), said coalition being known as Atmos Cities Steering
Committee (HACSC"), in any appeal of the cities' actions to the
Commission; and
WHEREAS, the Gas Utility Regulatory Act ("GURA") grants local regulatory authorities
the right to intervene in rate proceedings filed at the Railroad Commission;
and
WHEREAS, the Texas Utilities Code § 103.022 provides that costs incurred by the City
in ratemaking activities are to be reimbursed by the regulated utility; and
.
.
.
.
WHEREAS, counsel for ACSC, upon review of the Company's filing and upon
consultation with various consultants, recommends finding that the
Company's proposal is unjustified and unreasonable, and
WHEREAS, the Company has publicly stated that it will receive substantial profit in
2005 and that its expenses are substantially below those on which the
GUD No. 9400 rates it is charging were based; and
WHEREAS, the Company's GRIP request fails to account for growth in numbers of
customers, thereby undercounting the revenues it will receive from its
proposed GRIP rate increase and
WHEREAS, the Company's GRIP request fails to recognize that GUD No. 9400 rates
included profit based on TXU Corporation's capital structure rather than
Atmos Energy Corp.'s current capital structure, which justifies a lower rate
of return; and
WHEREAS, under provisions of § 104.301 of GURA, the interim rate adjustment is
subject to true-up in a general rate case filed within five years of the
effective date of the interim rate surcharge; and
WHEREAS, the Company has, on May 31, 2006, filed a Statement of Intent to increase
its distribution rates on a system-wide basis, using calendar year ending
December 31, 2005, as its test year; and
WHEREAS, the capital investment made by Atmos during 2005 will be reviewed in the
Statement of Intent filing, making the 2005 GRIP filing superfluous,
duplicative, and unnecessary;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF
NORTH RICHlAND HillS, TEXAS:
SECTION 1. That the Company's GRIP rate increase request is found to be
unreasonable, superfluous, duplicative, and unnecessary, and is therefore
denied in all respects.
SECTION 2. That the City is authorized to cooperate with other Cities within the
Company's Distribution System that have formed ACSC to hire and direct
legal counsel and consultants, negotiate with the Company, make
recommendations to the City regarding reasonable rates, and to direct any
necessary litigation associated with an appeal of a rate ordinance and the
rate case filed at the Commission.
SECTION 3. That the costs incurred by the City in reviewing the Company's GRIP
request shall be promptly reimbursed by the Company.
·
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SECTION 4. That the City is authorized to intervene in any appeal of the City's action
filed at the Commission and any related litigation, and to participate in any
such appeal or litigation as a member of ACSC.
SECTION 5. This Ordinance shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
SECTION 6. That it is hereby officially found and determined that the meeting at which
This Ordinance is passed is open to the public as required by law and that
public notice of the time, place, and purpose of said meeting was given as
required.
SECTION 7. A copy of this ordinance, constituting final action on the Company's
application, be forwarded to the following:
Richard T. Reis
Atmos Energy Corporation
5420 LBJ Freeway, Suite 1800
Dallas, Texas 75240
Lloyd Gosselink Blevins Rochelle & Townsend
c/o Geoffrey Gay
P. O. Box 1725
Austin , Texas 78767-1725
PASSED AND APPROVED this the 26th day of June, 2006.
ATTEST:
CITY OF NORTH RICH LAND HILLS:
Patricia Hutson, City Secretary
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Karen Bostic, Managing Director
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CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Karen Bostic
Council Meeting Date: 6-26-2006
Agenda NO.F.2
Subject: GN 2006-054 Denial of Request For a Rate Increase by Atmos Energy Corp.,
Mid-Tex Division Filed on May 31,2006 - Ordinance No. 2891
Municipalities have original jurisdiction over gas utility rates within the City. The City of
North Richland Hills, along with 87 other Atmos Cities Steering Committee ("ACSC")
cities, exercised its authority under §§103.001 and 104.151, GURA, to initiate a
proceeding to determine whether the existing rates of Atmos Energy Corp., Mid-Tex
Division ("Company") were unreasonable or in any way in violation of any provision of
law and ordered the Company to show cause regarding the reasonableness of its
existing natural gas distribution rates within the City. This was accomplished by passing
a "show cause" resolution on November 14, 2005.
Atmos Mid-Tex filed a system-wide rate increase with the Texas Railroad Commission
on May 31, 2006. According to information provided by the Company, this filing will
increase the Company's revenues by $61 million annually, or 3.6%. The average
residential bill will increase by 5.36% or $4.02 per month. Commercial customers will
see their average bill increase by 5.25% or $17.16 per month. Atmos' rate filing will
take effect on July 5, 2006 if the attached ordinance is not approved.
The attached ordinance denies Atmos' rate increase, supports the reduction of existing
natural gas distribution rates currently charged by Atmos Mid-Tex, orders Atmos Mid-
Tex to reimburse the City for its reasonable costs incurred in this proceeding, authorizes
the Atmos Cities Steering Committee to act on behalf of the City and intervene in any
proceedings before administrative or judicial bodies, requires delivery of this ordinance
to Atmos and legal counsel and finds that the meeting at which this ordinance is
adopted is open to the public.
Recommendation:
Approve Ordinance No. 2891
.Ni~H
ORDINANCE NO. 2891
AN ORDINANCE OF THE CITY OF NORTH RICHlAND HillS, TEXAS,
DENYING ATMOS ENERGY CORP., MID-TEX DIVISION'S
STATEMENT OF INTENT TO INCREASE THE GAS UTiliTY RATES IN
THIS MUNICIPALITY; SUPPORTING THE REDUCTION OF EXISTING
NATURAL GAS DISTRIBUTION RATES CURRENTLY CHARGED BY
ATMOS MID-TEX WITHIN THE CITY; ORDERING ATMOS MID-TEX TO
REIMBURSE THE CITY FOR ITS REASONABLE COSTS INCURRED IN
RA TEMAKING PROCEEDINGS OR APPEALS OF SAID
PROCEEDINGS; AUTHORIZING THE A TMOS CITIES STEERING
COMMITTEE TO ACT ON BEHALF OF CITY AND INTERVENE IN ANY
PROCEEDINGS BEFORE ADMINISTRATIVE OR JUDICIAL BODIES;
REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY
AND lEGAL COUNSEL; AND FINDING THAT THE MEETING AT
WHICH THIS ORDINANCE IS ADOPTED IS OPEN TO THE PUBLIC AS
REQUIRED BY lAW.
.
WHEREAS, the City of North Richland Hills, Texas ("City") is a regulatory authority
under the Gas Utility Regulatory Act ("GURA") and has original jurisdiction
over the gas utility rates of Atmos Energy Corp., Mid-Tex Division (the
"Company"); and
WHEREAS, the City, along with 87 other Atmos Cities Steering Committee ("ACSC")
cities, exercised its authority under §§ 103.001 and 104.151, GURA, to
initiate a proceeding to determine whether the existing rates of the
Company were unreasonable or in any way in violation of any provision of
law and ordered the Company to show cause regarding the
reasonableness of its existing natural gas distribution rates within the City;
and
WHEREAS, the Company filed its rate filing package with the City in response to the
City's order on or about December 31 , 2005, and the City's
representatives obtained additional information from the Company through
written requests for information; and
WHEREAS, the City's consultants and representatives, through cooperative efforts and
under the direction of the ACSC, reviewed the information and
recommended that the City reduce the rates charged by the Company
within the City; and
.
WHEREAS, by its own action pursuant to GURA § 104.151 (a) or by procedural
agreement with the Company, the City reduced the current natural gas
rates charged by the Company within the City effective May 31, 2006; and
·
·
·
WHEREAS, the Company has bonded in its existing rates with the Railroad
Commission as part of its appeal of rates set by ACSC cities; and
WHEREAS, as part of its appeal of City rate actions taken by ACSC members, the
Company filed a Statement of Intent to Increase the Gas Utility Rates
within the City effective July 5, 2006; and
WHEREAS, the Company's request is unreasonable based upon the information
already reviewed by the City in response to its action initiating the show
cause action;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF
NORTH RICHLAND HillS, TEXAS:
SECTION 1. That the Statement of Intent to Increase Gas Utility Rates filed by the
Company on or about May 31, 2006, and effective July 5, 2006, is hereby
denied.
SECTION 2. That the reduction to current rates previously adopted by the City pursuant
to ordinance or agreement with the Company is just and reasonable.
SECTION 3. That the City is authorized to intervene in any appeal of the City's action
filed at the Railroad Commission of Texas and to otherwise participate in
any litigation associated with the Company's rates charged in the City, in
conjunction with the ACSC.
SECTION 4. That the Company shall promptly reimburse ACSC for ratemaking costs
associated with the City's activities related to the show cause proceeding
and/or the denial of the Statement of Intent including appeals to the
Railroad Commission or Courts, in accordance with GURA § 103.022.
SECTION 5. That a copy of this Ordinance shall be sent to the Company, care of
Richard T. Reis, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite
1800, Dallas, Texas 75240, and to Geoffrey Gay, legal counsel to ACSC,
at Lloyd Gosselink, P.O. Box 1725, Austin, Texas 78767-1725.
SECTION 6. That it is hereby officially found and determined that the meeting at which
this Resolution is adopted is open to the public as required by law and that
public notice of the time, place and purpose of said meeting was given as
required.
. PASSED AND APPROVED this the 26th day of June, 2006.
ATTEST: CITY OF NORTH RICH LAND HILLS:
Oscar Trevino, Mayor
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Karen Bostic, Managing Director
.
.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Karen Bostic
Council Meeting Date: 6-26-2006
Agenda NO.F.3
Subject: GN 2006-055 Consider Approval of Policy on Uses of Revenues from Gas
Exploration/Production - Resolution No. 2006-052
Council consensus at the June 15, 2006 Planning and Program of Services for FY
2006/07 meeting, was for Staff to bring forward the Policy on Uses of Revenues from
Gas Exploration/Production for Council approval.
The attached policy is in anticipation of the City receiving revenues from gas exploration
and production over the next several years. The policy is to establish guidelines as to
how the revenues could be used. It is important that the City not become over-reliant
on these revenues because many of the revenues are one time receipts and those that
are not have a finite lifeline with decreasing revenues as time progresses.
Three areas of consideration for use of gas revenues are:
1. To bridge the gap of sales tax revenue reductions;
2. To use "one time" revenues for projects or non-recurring capital needs;
3. To use the revenues for expanding the City's economic base and use for
economic development.
There are three categories of revenues;
· property taxes/permitting fees/fines
· bonuses
· royalties/leases/overrides
Bonuses are a one time payment as are permitting fees and any fines assessed. The
ongoing or longer term revenues include property taxes, leases and overrides. Ideally
the one time revenues would be used for one time, project or capital type expenses.
Using these revenues for continuing ongoing expenses would not be practical and could
result in tough decisions in future years. But, that is not to say these revenues cannot
be used to help offset revenue losses in other areas such as sales tax revenue, for a
short period of time. These revenues could also help expand existing programs such as
the permanent street maintenance program or economic development initiatives.
The policy also includes distribution of gas revenues based on type of revenue as well
as location of the gas well.
The attached resolution adopts the policy as discussed at the June 15 Council meeting.
Recommendation:
Approve Resolution No. 2006-052
.NI~H
RESOLUTION NO. 2006-052
WHEREAS, the City Council desires to provide guidance for budgeting income from
gas well permits and from leases of mineral interests owned by the City;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHLAND
HillS, TEXAS:
SECTION 1 : THAT the attached "Policy on Uses of Revenues from Gas
Exploration/Production" is hereby adopted.
PASSED AND APPROVED this the 26th day of June, 2006.
CITY OF NORTH RICHLAND HILLS
Oscar Trevino, Mayor
ATTEST:
.
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
Karen Bostic, Managing Director
.
.
.
.
ATTACHMENT
Policy on Uses of Revenues from Gas Exploration/Production
June 26, 2006
I. Introduction
This policy is in anticipation of the City receiving revenues from gas exploration and
production over the next several years. The policy is being established to avoid over-
reliance on these revenues and to establish how the revenues may be used. The
reason to use caution is that there are no guarantees that the gas wells within the City
will produce much less be high producers. It is worth noting that if the City does receive
royalty and property tax revenues in the future, that these revenues decrease over time
due to the finite nature of the gas in the ground.
Three areas of consideration for use of gas revenues are:
1. To bridge the gap of sales tax revenue reductions;
2. To use "one time" revenues for projects or non-recurring capital needs;
3. To use the revenues for expanding the City's economic base and use for
economic development.
With the decline of sales tax revenues in the last three years, it seems reasonable to
use a portion of the gas revenue to "bridge" the gap of sales tax revenue to fund
General Fund services and operations until new sales tax generators come on line.
A portion of the revenue, one time revenues such as bonus money, could be reserved
for future park development or for continuation of "pay-as-you-go" for park projects. It
could also be used to fund needed future capital projects at the golf course, thereby
saving the cost of issuing debt as well as interest expense. Bonus money could also be
used for capital purchases or infusion of revenue into existing programs such as the
preventive street maintenance program or economic development.
Gas revenues could also be used to offset the declining hotel/motel tax revenue and
allow for the expansion of economic development programs such as business attraction
and retention and provide dollars for a more aggressive and competitive economic
development initiative.
II. Tvpes of Revenue
The City anticipates receiving revenues from several avenues including property tax,
permitting fees, fines, bonuses, royalties, leases and overrides. Bonuses are a "one
time" payment as are permitting fees and any fines assessed. The "ongoing" or longer
term revenues include property taxes, leases and overrides. Because of the nature of
bonuses, it would appear impractical to use these revenues for ongoing operations due
to the problems created with recurring expenses being funded with "one time" revenues.
·
·
·
ATTACHMENT
Policy on Uses of Revenues from Gas Exploration/Production
June 26, 2006
These types of revenues lend themselves to more "project" activities versus operating
expenses. Other gas revenues appear to be more appropriate to pay for operations
and service related costs.
III. Proposed Revenue Uses
Property Taxes/Permittinq Fees/Fines
Regardless of the location of a gas well, it seems reasonable that the property taxes,
permitting fees and fine revenues should go to the General Fund to cover the additional
costs incurred as a result of monitoring gas drilling activities. These costs include well
inspections, well permitting, publications, and other expenses related to gas drilling
permitting and monitoring. Property taxes would appear reasonable for covering
operating and program expenses and help offset reductions in sales tax revenue.
Bonuses
Bonus revenue is not practical for funding ongoing, daily operations. As previously
mentioned, bonuses are one time payments that ideally could be used for one-time,
project or capital type purchases. For example, bonus money could be reserved for
future park development or for continuation of "pay-as-you-go" for park projects. It
could be used to cash fund needed future capital projects at the golf course or for
needed equipment, thereby saving the cost of issuing debt as well as interest expense.
Bonus money could also be used for capital purchases or infusion of revenue into
existing programs such as the preventive street maintenance program or economic
development.
R 0 v a Ities/Le a se s/Ove rrid es
Revenues generated from these sources are ongoing but the longevity and certainty of
the revenues are unknown. Because of this, caution should be taken in using these
revenues for daily operations on an ongoing basis. Too much dependence on these
revenues for operations, with the uncertainty of the life line of the well, could create
some risks and tough decision in future years. However, these revenues could
potentially offset some of the sales tax dollars that have been lost over the last few
years due to declining retail activity. They could "bridge the gap" until sales tax
revenues increase. Royalty, lease and override revenue could also be used to offset the
declining hotel/motel tax revenue and allow for the expansion of economic development
programs such as business attraction and retention and provide dollars for a more
aggressive and competitive economic development initiative. It has become more and
more challenging to maintain a quality economic development program with the
diminished revenues, much less have funds available to expand programs.
·
·
·
ATTACHMENT
Policy on Uses of Revenues from Gas Exploration/Production
June 26, 2006
IV. Distribution of Revenues
Property taxes, permit fees and fines are recommended to be allocated to the General
Fund in total. The allocations below are for bonuses, royalties, leases and overrides.
There are an infinite number of ways the revenues could be distributed. The allocations
below are based on the premises listed in the introduction paragraphs. A differentiation
has been made between a park purchased with General Fund dollars and one
purchased with Sales Tax dollars.
Park Site Developed with General Fund Revenue - If a gas well is located within a park
or minerals leased within a park that was developed using General Fund revenues, the
following distribution will be used:
. General Fund - 85%
. Economic Development - 15°10
Park Site Developed with Sales Tax Revenue - If a gas well is located within or
minerals leased within a park that was developed using the % cent sales tax, the
following distribution of revenues will be used:
· Park Development Fund - 50%
· General Fund - 35%
· Economic Development - 15°10
Iron Horse - If a gas well is located on Iron Horse property or minerals are leased on
Iron Horse property, bonus, royalty, lease and override revenue could go in its entirety
to the golf course.
Other City Property - If a gas well is located on property that is considered "utility"
property, then 100°10 of the revenue will be allocated to the Utility Fund. If the property
is considered General Fund, then 100% of the revenue will be allocated to the General
Fund. If the property is a combination of Utility and General Fund property, then the
revenue will be split 50/50 between the two funds.
.
RESOLUTION NO. 2006-052
WHEREAS, the City Council desires to provide guidance for budgeting income
from gas well permits and from leases of mineral interests owned by
the City; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND
HillS, TEXAS:
Section 1: That the attached "Policy en Guidelines For Uses of Revenues from Gas
Exploration/Production" is hereby adopted.
AND IT IS SO RESOLVED.
PASSED on the 26th day of June, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
.
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
.
1
) ,
Policy Guidelines For 9ß Uses of Revenues from Gas
Ex ploration/P rod uction
June 26,2006
.
I. Introduction
This policy is These policy quidelines are in anticipation of the City receiving
revenues from gas exploration and production over the next several years. The
policy is guidelines are being established to avoid over-reliance on these
revenues and to establish how the revenues may be used. The reason to use
caution is that there are no guarantees that the gas wells within the City will
produce much less be high producers. It is worth noting that if the City does
receive royalty and property tax revenues in the future, that these revenues
decrease over time due to the finite nature of the gas in the ground.
Three areas of consideration for use of gas revenues are:
1. To bridge the gap of sales tax revenue reductions;
2. To use "one time" revenues for projects or non-recurring capital needs;
3. To use the revenues for expanding the City's economic base and use for
economic development.
With the decline of sales tax revenues in the last three years, it seems
reasonable to use a portion of the gas revenue to "bridge" the gap of sales tax
revenue to fund General Fund services and operations until new sales tax
generators come on line.
.
A portion of the revenue, one time revenues such as bonus money, could be
reserved for future park development or for continuation of "pay-as-you-go" for
park projects. It could also be used to fund needed future capital projects at the
golf course, thereby saving the cost of issuing debt as well as interest expense.
Bonus money could also be used for capital purchases or infusion of revenue
into existing programs such as the preventive street maintenance program or
economic development.
Gas revenues could also be used to offset the declining hotel/motel tax revenue
and allow for the expansion of economic development programs such as
business attraction and retention and provide dollars for a more aggressive and
competitive economic development initiative.
II. Types of Revenue
.
The City anticipates receiving revenues from several avenues including property
tax, permitting fees, fines, bonuses, royalties, leases and overrides, Bonuses are
a "one time" payment as are permitting fees and any fines assessed. The
"ongoing" or longer term revenues include property taxes, leases and overrides.
Because of the nature of bonuses, it would appear impractical to use these
revenues for ongoing operations due to the problems created with recurring
expenses being funded with "one time" revenues. These types of revenues lend
themselves to more "project" activities versus operating expenses. Other gas
Page 1
) .
Policy Guidelines For OR Uses of Revenues from Gas
Ex p I ora ti 0 nIP rod u cti 0 n
June 26,2006
·
revenues appear to be more appropriate to pay for operations and service
related costs.
III. Proposed Revenue Uses
Property T axes/PermittinQ Fees/Fines
Regardless of the location of a gas well, it seems reasonable that the property
taxes, permitting fees and fine revenues should go to the General Fund to cover
the additional costs incurred as a result of monitoring gas drilling activities.
These costs include well inspections, well permitting, publications, and other
expenses related to gas drilling permitting and monitoring. Property taxes would
appear reasonable for covering operating and program expenses and help offset
reductions in sales tax revenue.
·
Bonuses
Bonus revenue is not practical for funding ongoing, daily operations. As
previously mentioned, bonuses are one time payments that ideally could be used
for one-time, project or capital type purchases. For example, bonus money could
be reserved for future park development or for continuation of "pay-as-you-go" for
park projects. It could be used to cash fund needed future capital projects at the
golf course or for needed equipment, thereby saving the cost of issuing debt as
well as interest expense. Bonus money could also be used for capital purchases
or infusion of revenue into existing programs such as the preventive street
maintenance program or economic development.
R 0 va It i e s/L ea ses/ Ove rrid es
Revenues generated from these sources are ongoing but the longevity and
certainty of the revenues are unknown, Because of this, caution should be taken
in using these revenues for daily operations on an ongoing basis. Too much
dependence on these revenues for operations, with the uncertainty of the life line
of the well, could create some risks and tough decision in future years. However,
these revenues could potentially offset some of the sales tax dollars that have
been lost over the last few years due to declining retail activity. They could
"bridge the gap" until sales tax revenues increase. Royalty, lease and override
revenue could also be used to offset the declining hotel/motel tax revenue and
allow for the expansion of economic development programs such as business
attraction and retention and provide dollars for a more aggressive and
competitive economic development initiative. It has become more and more
challenging to maintain a quality economic development program with the
diminished revenues, much less have funds available to expand programs,
IV. Distribution of Revenues
·
Property taxes, permit fees and fines are recommended to be allocated to the
General Fund in total. The allocations below are for bonuses, royalties, leases
Page 2
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Policy Guidelines For OR Uses of Revenues from Gas
Ex pi ora ti 0 nIP rod u cti 0 n
June 26,2006
and overrides. There are an infinite number of ways the revenues could be
distributed. The allocations below are based on the premises listed in the
introduction paragraphs. A differentiation has been made between a park
purchased with General Fund dollars and one purchased with Sales Tax dollars.
Park Site Developed with General Fund Revenue - If a gas well is located within
a park or minerals leased within a park that was developed using General Fund
revenues, the following distribution will be used:
· General Fund - 850/0
· Economic Development - 15%
Park Site Developed with Sales Tax Revenue - If a gas well is located within or
minerals leased within a park that was developed using the % cent sales tax, the
following distribution of revenues will be used:
· Park Development Fund - 50%
· General Fund - 350Æ>
· Economic Development - 15%
Iron Horse - If a gas well is located on Iron Horse property or minerals are
leased on Iron Horse property, bonus, royalty, lease and override revenue could
go in its entirety to the golf Course.
Other City Property - If a gas well is located on property that is considered
"utility" property, then 100% of the revenue will be allocated to the Utility Fund. If
the property is considered General Fund, then 100% of the revenue will be
allocated to the General Fund. If the property is a combination of Utility and
General Fund property, then the revenue will be split 50/50 between the two
funds.
V. Establishment of Special Revenue Fund for Gas Revenues
as
Page 3
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Patricia Hutson
Council Meeting Date: 6-26-2006
Agenda No.F.4
Subject: GN 2006-050 Appointment to CIP Committee
The Council Rules of Procedure state that the Mayor will appoint members to City
Council committees, subject to approval of the Council. In 2004, Mayor Trevino
appointed to the CIP Committee, with Council approval, Councilman Whitson,
Councilman Welch and Councilwoman Johnson and himself as the alternate. Since
JoAnn Johnson is no longer on the Council, there is a vacancy on the Committee.
Mayor Trevino is recommending that Councilman Sapp be appointed to fill the vacancy.
Recommendation:
To consider Mayor Trevino's recommendation for appointment to the CIP Committee.
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by: Patricia Hutson
Council Meeting Date: 6-26-2006
Agenda NO.F.5
Subject: GN 2006-051 Appointments to Boards & Commissions
The terms of office for the individuals serving on the Boards and Commissions in Places
2, 4, 6 and Alternate/ Ex Officio places will expire June 30. In addition, there are a few
positions that are either vacant or the individual did not meet attendance requirements
and the Council Member has chosen to replace the individual. For the boards listed
below, Chapter 2, Article III, Section 2-121 c of the Code of Ordinances states that the
City Council will act upon Council member nominations. The following nominations
have been submitted for Council consideration at this time:
Keep Nortlì Richland Hills Beautiful Commission
Place 2 Jay Garner
Place 4 Doris Tipps
Place 6 Kathy Luppy
Alternate Dianna Madar
Board of Adjustment
Place 2 Sixto Rodriguez III
Place 4 Fonda Kunkel
. Place 6 Bill Gibbs
Library Board
Place 2
Place 4
Place 6
Alternate
David Nelson
Kay Schmidt
Mike Madar
Kathy Antropik
Park and Recreation Board
Place 1 Ricky McElroy
Place 2 Tom Lombard
Place 4 Marlin Miller
Place 6 Jay Crane
Alternate Tracye Tipps
Planning & Zoning Commission and Capital Improvement Advisory Committee
Place 4 Randy Shiflet
Place 6 William Schopper
Ex Officio Kelly Gent
.
Substandard Building Board
Place 4 Philip E. Orr, Jr.
Place 6 Brian Crowson
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.
Agenda No. F.5
Page 2 of 2
Teen Court Advisory Board
Place 2 Janet Golightly
Place 4 Jerry Sorenson
Place 5 Danny Perkins
Place 6 Karen Russell
The terms of office for the even numbered and ex-officiol alternate place appointments
will expire June 30, 2008 and the odd numbered place appointments will expire June
30,2007.
Recommendation:
To take action on the above listed appointments
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.
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Patricia Hutson
Council Meeting Date: 6-26-2006
Agenda No.F.6
Subject: GN 2006-052 Appointment of Board Delegate to Reinvestment Zone Number 1
and Reinvestment Zone Number 2
With the recent City Council election, the City has one vacant seat on the Board of
Directors of Reinvestment Zone No.1 and Reinvestment Zone No.2. The City Council
is being requested to appoint a City Council Member to fill the seat vacated by JoAnn
Johnson.
The Bylaws of Reinvestment Zone Number 1 state that the nine-member Board is to
consist of five members appointed by the City Council. Council Members currently
serving on this board are Mayor Trevino, Mayor Pro Tem Lewis, Councilman Welch and
Councilman Whitson.
The Bylaws of Reinvestment Zone Number 2 state that the nine-member Board is to
consist of six members appointed by the City Council. Council Members currently
serving on this board are Mayor Trevino, Mayor Pro Tem Lewis, Councilman Welch,
Councilman Whitson and Councilwoman Compton.
Initially, when the Reinvestment Zones were created, First Southwest Company, the
City's Financial Advisor, recommended that the City's Board Members include elected
officials of the City. Council also agreed to appoint the same Council Members to
Reinvestment Zones No. 1 and 2 with the exception of the one extra member on
Reinvestment Zone NO.2. The Council Member appointed to fill these vacancies will
serve until October 2006 at which time all board member terms will expire.
Recommendation:
To appoint a member of the City Council as North Richland Hills' delegate to
Reinvestment Zone Number 1 and Reinvestment Zone Number 2.
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.
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Patricia Hutson
Council Meeting Date: 6-26-2006
Agenda No.F.7
Subject: GN 2006-057 Appointments to Animal Control Shelter Advisory Committee -
Places 2 and 4
The individuals serving in Places 2 and 4 on the Animal Control Shelter Advisory
Committee terms of office will expire on June 30. The ordinance establishing the
Committee states that the appointment to Place 2 shall be a city official and the
appointment to Place 4 shall be a representative from an animal welfare organization.
Currently serving in Place 2 is Mayor Pro Tem Lewis and serving in Place 4 is Pam
Burney, who is the Senior Director, Regional Services, with the American Society for the
Prevention of Cruelty to Animals. Both of these positions are two-year terms of office.
Recommendation:
To appoint a city official to Place 2 and to appoint a representative from an animal
welfare organization to Place 4, terms expiring June 30, 2008.
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Patricia Hutson
Council Meeting Date: 6-26-2006
Agenda No.F.8
Subject: GN 2006-058 Appointments to Park and Recreation Facilities Development
Corporation - Places 1, 3, 4, 5 & 7
The terms of office for the Board Members serving in Places 1, 3, 5 and 7 on the Park
and Recreation Facilities Development Corporation expired on May 1, 2006. In
addition, with the recent City Council elections, Jo Cox vacated the Place 4 seat and
Mark Haynes who was serving in Place 6 was recently appointed to the Planning &
Zoning Commission. The Corporation's Articles of Incorporation and Bylaws state that
appointments to the Board of Directors are to be made by the City Council and that
Places 1-4 are designated for Council Member Directors and Places 5-7 are designated
for Citizen Member Directors. Because of the purpose of this Board, practice has been
to select current members of the Park and Recreation Board to serve on this Board.
The places with either expired terms or vacancies are:
Place 1 -
Place 3 -
Place 4
Place 5
Place 6
Place 7
Council Member Director (Councilman Whitson - incumbent)
Council Member Director (Mayor Trevino - incumbent)
Council Member Director) (Vacant)
Citizen Member Director (Vacant - previously held by Kim Kirby)
Citizen Member Director (Vacant - previously held by Mark Haynes)
Citizen Member Director (Park Board Member Brad Greene -
incumbent)
Mayor Pro Tern Lewis, serving in Place 2, is the only remaining Council member serving
on the Board whose term has not expired.
Recommendation:
To appoint
1) a Council Member Director to fill the unexpired term of Place 4
2) Council Member Directors to Places 1 and 3, terms expiring May 1, 2008
3) a Citizen Member Director who is also serving on the Park and Recreation
Board to fill the unexpired term of Place 6
4) Citizen Member Directors who are also serving on the Park and Recreation
Board to Places 5 and 7 terms expiring May 1 , 2008.
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by: Mayor Pro Tem Lewis
Council Meeting Date: 6-26-2006
Agenda No.F.9
Subject: Information and Reports - Mayor Pro Tern Lewis
Announcements
Join us on July 4th for the Quad Cities Family 4th Fireworks Show. Free parking will be
offered at W.G. Thomas Coliseum in Haltom City and North Richland Hills Village
Center. Parking will be available on a first come first served basis, so plan to arrive
early. The fireworks will start at 9:30 p.m. For more information, please call 817-281-
9376.
City Hall and other City offices will be closed on Tuesday, July 4th, in observance of
Independence Day. Garbage service will not be impacted by the holiday.
Due to ongoing drought conditions, the City of North Richland Hills asks everyone - from
residents, to businesses, to schools and government - to continue efforts to voluntarily
conserve water and to avoid watering during the hottest part of the day, between 10
a.m. and 7 p.m. The City will be considering additional water restrictions in the coming
weeks and will communicate further information to residents through the web site,
Citicable, newsletters and news media. The cooperation and support of all residents
and businesses plays a critical role in the success of our water conservation efforts and
. we appreciate your help and understanding.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Frank Delgado, Public Works Department
A resident sent an e-mail thanking Frank for responding quickly to her request for street
sweeping in her neighborhood. She said she appreciated his prompt service and he did
a great job.
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Department: City Secretary
Presented by:
Subject: Adjournment
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 6-26-2006
Agenda No. F.1 0