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HomeMy WebLinkAboutCC 2008-07-14 MinutesMINUTES 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 -JULY 14, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 14t" day of July, 2008 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Scott Turnage Mayor Pro Tem, Council Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Suzy Compton Council Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Jared Miller Assistant City Manager Karen Bostic Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Mike Curtis Public Works Director Vickie Loftice Parks & Recreation Director Jimmy Perdue Police Chief Laury Fiorello Assistant Finance Director Greg VanNieuwenhuize Assistant Public Works Director Eric Wilhite Chief Planner Jamie Brockway Purchasing Manager Absent: Oscar Trevino Mayor Call to (~rriPr Mayor Pro Tem Turnage called the work session to order at 5:31 p.m. A.1 Discuss Items from Regular City Council Meeting Agenda Item F.2, GN 2008-056 -Councilman Sapp asked for an explanation of the requirements placed on the pipeline companies to assure that property is restored to the way it was found. Mr. Pitstick explained that the City will have an agreement with the pipeline companies for city property. The City is unable to place regulations on City Council Minutes July 14, 2008 Page 2 private property and any requirements would be between the property owner and the pipeline company. A.2 IR 2008-081 Public Service Officers Police Chief Perdue introduced the item. Captain Mike Hamlin presented a PowerPoint presentation. Council was advised of the transformation of the Public Service Officer Program. The City's five Public Service Officers are now being utilized in the Uniformed Services Division to complete tasks that do not require the services of a police officer. The Public Service Officers will respond to non-emergency calls and crimes that have already occurred. They will compose reports of offenses and incidents, help facilitate the department's Beat Management Program, and actively assist police officers at major accident and crime scenes. Other duties will include the collecting of fingerprints, investigating abandoned vehicles and working to better manage parking complaints. A PowerPoint presentation showed the vehicle that will be used by the officers and the officers' uniforms. Captain Hamlin answered questions from Council on their hours of service and a backup mechanism should their vehicle go out of service. It is anticipated that the Public Service Officers will be in the field by August 1. A.3 IR 2008-082 Discussion of the 2008 Drainage Projects Mr. Mike Curtis, Public Works Director, and Ms. Caroline Waggoner, Engineer Associate presented the item. As a result of the storms experienced in 2007, the Public Works Department received a record number of drainage-related complaints. Council was advised that next year due to staff limitation and funding the City will be unable to do all of the needed drainage projects that have been identified. Staff has developed a ranking plan or "Decision Matrix" to objectively rank the projects and as funding becomes available allow the City to select and complete the highest ranking projects first. The ranking plan was explained to the Council and each of the 12 identified projects was discussed with Council. For each project, staff discussed the problem, the proposed improvement plan, the estimated project cost and the project's ranking using the Decision Matrix. Based on their ranking score, the projects were placed into Priority I and Priority II categories. As funding becomes available the highest ranking projects in the Priority I category will be completed in the order of their matrix score and then the Priority II projects will be completed in a similar manner. Staff requested direction from Council on whether they agreed with the project rankings and if Council would be supportive of issuing debt and paying the debt service with the Drainage Utility Fee. After questions from the Council, the Council concurred with the rankings and was supportive of issuing debt and paying the debt service with the Drainage Utility Fee. Councilman Welch felt some of the smaller projects could be designed in-house and asked that consideration be given to doing some of the projects in-house. Mr. Curtis advised that additional details and projects will be brought to Council during the August work session. City Council Minutes July 14, 2008 Page 3 B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 for Consultation with Attorney on Litigation - 1) Friend vs. NRH; 2) City of San Antonio, Texas, et al., v Hotels.Com, L.P.; 3) Eminent Domain Action against G&S Investment Company, Ltd. for Acquisition of Easement at Glenview and Boulevard 26 B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) B.3 Executive Session: Pursuant to Section 551.074 Texas Government Code, to Deliberate the Employment of Council Appointed Positions -City Attorney, City Secretary, City Manager, Municipal Court Judge Mayor Pro Tem Turnage announced at 6:02 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of the following sections of the Texas Government Code: • Section 551.071 for consultation with Attorney on the following litigation 1) Friend vs. NRH; 2) City of San Antonio, Texas et al., v Hotels. Com, L.P., 3) Eminent Domain Action against G&S Investment Company, Ltd for Acquisition of Easement at Glenview and Boulevard 26; • Section 551.072 to deliberate the lease of city property for mineral leases; and • Section 551.074 to deliberate the employment of Council appointed positions - City Attorney, City Secretary, City Manager and Municipal Court Judge. C.0 Adjournment Mayor Pro Tem Turnage announced at 7:00 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Pro Tem Turnage called the meeting to order July 14, 2008 at 7:11 p.m. City Council Minutes July 14, 2008 Page 4 ROLL CALL Present: Scott Turnage John Lewis Ken Sapp Tim Barth David Whitson Suzy Compton Tim Welch Staff: Larry J. Cunningham Jared Miller Patricia Hutson Monica Solko George Staples Absent: Oscar Trevino Mayor Pro Tem, Council Place 6 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 3 Council, Place 7 City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney Mayor A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) No items for this category. A.4 CITIZENS PRESENTATION Mr. Charles Scoma, 8300 Cardinal Lane, expressed concerns with the oil and gas pipeline companies ability to use eminent domain to acquire right-of-way in the City of North Richland Hills. City Council Minutes July 14, 2008 Page 5 A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JUNE 17, 2008 CITY COUNCIL WORK SESSION B.2 APPROVAL OF MINUTES OF THE JUNE 23, 2008 CITY COUNCIL MEETING B.3 GN 2008-063 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS, CONTRACTS & AGREEMENTS -RESOLUTION NO. 2008-040 B.4 GN 2008-064 RESCHEDULING THE AUGUST 25 COUNCIL MEETING B.5 PU 2008-024 RENEW BID # 07-1390 ANNUAL CONTRACT FOR TRAFFIC MATERIAL FOR PUBLIC WORKS DEPARTMENT TO VULCAN SIGNS INC., ALLIED TUBE & CONDUIT AND ROADRUNNER TRAFFIC SUPPLY B.6 PU 2008-025 RENEW BID #07-1387 ANNUAL CONTRACT FOR UTILITY MATERIALS TO MAIN LINE SUPPLY .UTILITY (FORMERLY EAGLE UNDERGROUND) AND ATLAS UTILITY SUPPLY FOR THE PUBLIC WORKS DEPARTMENT B.7 PU 2008-022 AWARD BID 2008-008 NORTHFIELD PARK PLAYGROUND IMPROVEMENTS TO RECREATION CONSULTANTS OF TEXAS AND CUSTOM SWINGS OF TEXAS IN THE AMOUNT OF $90,021.00 B.8 PW 2008-016 APPROVE THE ABANDONMENT OF A PORTION OF AN INGRESS, EGRESS, WATER, SANITARY SEWER AND DRAINAGE EASEMENT LOCATED WITHIN THE NORTH TARRANT CROSSING DEVELOPMENT (BRENTWOOD ESTATES ADDITION; BLOCK 5, LOT 2R-1) - ORDINANCE NO. 3004 COUNCILMAN WHITSON MOPED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN COMPTON SECONDED THE MOTION. City Council Minutes July 14, 2008 Page 6 MOTION TO APPROVE CARRIED 7~0. Councilman Welch stepped down from the Council dais. PUBLIC HEARINGS C.1 ZC 2008-04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DAVID BARFIELD TO APPROVE A ZONING CHANGE ON 3 PARCELS OF LAND: AG TO R-2 (0.717 ACRES), AG TO R-1-S (1.250 ACRES), AND AG TO O-1 (0.469 ACRES); LOCATED IN THE 6800 BLOCK OF NOB HILL DRIVE -ORDINANCE NO. 3003 APPROVED Mayor Pro Tem Turnage opened the public hearing and announced that Councilman Welch would be abstaining from the next two items C.1 and C.2. Councilman Welch was the Engineer on record on both projects. An affidavit of disqualification has been completed by Councilman Welch and filed with the City Secretary stating the nature of the interest was Engineer of record of the proposed project. Mayor Pro Tem Turnage called for the applicant to come forward. Cary Clarke of Cary Clarke Homes, 1212 Providence Lane came forward. Mr. Clarke explained that this was a simple zoning change to clean up the plat and stated he was available to answer any questions the Council may have. Eric Wilhite, Chief Planner presented the item. The applicant is requesting a rezoning of three tracts of Agricultural zoned property that total 2.436 acres. Tract one, indentified on the Zoning Exhibit is proposed to be rezoned from AG (Agricultural) to O- 1 (Office) and is 0.469 acres. This portion is intended to be sold to the proposed office development to the north, indicated as Highland Park NRH. Tract two is 1.25 acres and is proposed to be rezoned from AG to R-1-S. Tract three is 0.717 acres and is proposed to be rezoned from AG to R-2 (a portion of this lot was already zoned R-2). Tracts one, two, and the northern portion of tract three are currently platted as Lot 3R1- A, Block 1; tract one will be subdivided by the plat application which is running concurrently with this zoning change request. The southern portion of tract three is currently platted as Lot 3R1-BR, Block 1. The Planning & Zoning Commission recommended approval by a 4-0 vote. City Council Minutes July 14, 2008 Page 7 Mayor Pro Tem Turnage called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Pro Tem Turnage closed the public hearing and called for the motion. COUNCILMAN SAPP MOPED TO APPROVE ITEM C.1, ZONING CASE ZC 2008-04 ORDINANCE NO. ~Of}~, COUNCILMAN EARTH SECONDED THE MOTION. MOTIQN TO APPROVE CARRIED ~-~, CQUNCIL.MAN WELCH ABSTAINING. C.2 RP 2008-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM GARY CLARKE HOMES TO REPEAT LOT 3R 1-BR AND LOT 3R1-A, BLOCK 1, MARTIN ACRES ADDITION INTO LOTS 1, 2, AND 3, BLOCK 1, MARTIN ACRES ADDITION (LOCATED IN THE 6800 BLOCK OF NOB HILL DRIVE) APPROVED Mayor Pro Tem Turnage opened the public hearing. During the previous agenda item, Mayor Pro Tem Turnage announced that Councilman Welch would be abstaining from items C.1 and C.2. Councilman Welch was the Engineer on record on both projects. An affidavit of disqualification has been completed by Councilman Welch and filed with the City Secretary stating the nature of the interest was Engineer of record of the proposed project. Mayor Pro Tem Turnage called for the applicant to come forward. Cary Clarke of Cary Clarke Homes, 1212 Providence Lane, came forward as the applicant. Mr. Clarke stated he was available to answer any questions the Council may have. Eric Wilhite, Chief Planner presented the item. The applicant is proposing to replat 2.436 acres for the purpose of creating three lots. Lot 3R1-A is proposed to be subdivided into Lots 1, 2, and 3. A portion of the future lot 2 was previously subdivided by metes and bounds and merged with the future lot 1. The long, rectangular portion that is facing Precinct Line Road is the future lot 3 and will be subdivided by plat to create a new lot. The proposed plat will resolve the issue of prior subdividing by metes and bounds and will create lots that reflect accurate ownership. The Planning & Zoning Commission recommended approval by a 4-0 vote. Mayor Pro Tem Turnage called for anyone wishing to speak for or against the request to come forward. City Council Minutes July 14, 2008 Page 8 There being no one wishing to speak, Mayor Pro Tem Turnage closed the public hearing and called for the motion. COUNCILMAN LEWIS MOPED TO APPROVE RP 2008-05. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED G-Q', COUNCILMAN WELCH ABSTAINING, Councilman Welch returned to the Council dais. C.3 GN 2008-068 PUBLIC HEARING AND ACTION ON THE USE OF LITTLE BEAR CREEK PARK AND JB SANDLIN PARK FOR MINERAL DEVELOPMENT APPROVED Mayor Pro Tem Turnage opened the public hearing. Jared Miller, Assistant City Manager presented the item. Over the past several years, the Barnett Shale natural gas field has become one of the busiest natural gas fields in the country with drilling and production activity occurring all over North Central Texas. The Barnett Shale is estimated to contain 26 to 30 trillion cubic feet of gas, which means the development and production of this important natural resource is likely to continue for many years to come. After many months of staff review, public meetings, public hearings, and a recommendation by the Planning and Zoning Commission, the City Council passed a gas drilling regulatory ordinance to ensure the public safety and minimize the impact of drilling and production activities on the City's residents and the environment. Assuming approval is granted by the City Council for the development of natural gas from JB Sandlin Park and Little Bear Creek Park, all development activity shall be done in strict conformance with the regulatory ordinances of the City and within state law, including: screening, noise, landscaping, setback, and other requirements. The City is poised to address environmental concerns as well as impose all powers to ensure the highest possible aesthetically pleasing results, both during the development process and in the following years of production. Mayor Pro Tem Turnage called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Pro Tem Turnage closed the public hearing and called for the motion. COUNCILMAN V1IHITSON MOVED TO APPROVE THAT THE COUNCIL DETERMINE THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE INTENDED MINERAL DEVELOPMENT FROM THE PARKS AND THAT THE PROPOSED MINERAL DEVELOPMENT PROGRAM HAS BEEN PLANNED City Council Minutes July 14, 2008 Page 9 PROPERLY TO INSURE THAT ALL POTENTIAL HARM TO THE LAND HAS SEEN MINIMIZED AND THEREFORE THE DEVELOPMENT OF MINERALS WILL BE ALLOWED ON THESE TWO PARK PROPERTIES. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. D.0 PLANNING & DEVELOPMENT No items for this category. PUBLIC WORKS E.1 PW 2008-017 APPROVE AGREEMENT AND PAYMENT IN THE AMOUNT OF $48,988.73 TO ONCOR ELECTRIC DELIVERY TO PROVIDE STREET LIGHTS FOR SIMMONS DRIVE (HAWK AVENUE BETWEEN MID-CITIES BOULEVARD AND THE NEW LIBRARY) AND GRAND AVENUE (PARKER BOULEVARD TO HEALTHMARKETS) -RESOLUTION NO. 2008-043 APPROVED Mike Curtis, Public Works Director presented the item. The only remaining outstanding items on the Simmons Drive (now Hawk Avenue) Project and the Grand Avenue Project are the related construction items for the installation of street lighting units (construction of concrete bases, boring of electrical conduit and installation of electrical wiring). The contractor on both projects was JLB Contracting ("JLB"). The reason for the street lights being the last item constructed on both of these street projects is that during this same time period of paving construction, The Venue at Hometown was under construction. The Venue Project, a new mixed-use development, specified a different street lighting unit than the street lighting units that had been installed to date throughout Hometown. Once the street lights were selected, staff wanted to use the same type on Simmons Drive and Grand Avenue. Since this street lighting unit is a light that Oncor Electric Delivery ("Oncor") offers to customers, staff found out that Oncor Electric Delivery will provide a $2,000 "allowance" per street lighting unit to the City. However, in order for the City to take advantage of this allowance, Oncor must be involved with the design or construction of the street lighting circuit. The most economical way to install the street lighting units is to have JLB purchase the lights through an Oncor supplier and have Oncor be responsible for their installation. This arrangement is economically advantageous to the City. City Council Minutes July 14, 2008 Page 10 COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO, 2008-043. COUNCILMAN f.:?ARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. E.2 PW 2008-018 AWARD OF BID IN THE AMOUNT OF $391,412.50 FOR THE CONSTRUCTION OF THE IRON HORSE GOLF COURSE DRAINAGE IMPROVEMENTS PROJECT -RESOLUTION NO. 2008-044 APPROVED Mike Curtis, Public Works Director presented the item. On June 20, 2008, a Bid Opening was conducted for the Iron Horse Golf Course Drainage Improvements Project. The project consists of constructing gabion mattresses and retaining walls along the south side of Tee Box No. 1 where Singing Hills Creek discharges into Big Fossil Creek. In addition, similar gabion structures are to be constructed along the south bank of Big Fossil Creek where it crosses the fairway at Hole No. 16. Staff placed the project's contract documents on the City's website. The Purchasing Department's bid page which contained the project's construction documents had "hits" from 21 different entities. Seven (7) contractors picked up project construction documents from the design engineer. It is the recommendation that the project be awarded to the lower bidder Erosion & Retaining Wall Structures, Inc. (ERWS) in the amount of $391,412.50. COUNCILMAN SAPP MOVED TO APPROVE PW 2008-018,. RESOLUTION NO. 2008-044, COUNCILWOMAN COMPTON SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-0, GENERAL ITEMS F.1 PU 2008-023 AWARD BID NO. 08-029 FOR THE TRAFFIC SIGNALIZATION FOR MID CITIES @ WINTER PARK TO ROADWAY SOLUTION IN THE AMOUNT OF $153,987.00 AND REVISE THE 2007/2008 CIP BUDGET FOR PROJECT ST0403 TO $189,787 APPROVED Mike Curtis, Public Works Director presented the item. The City Council approved $154,800 for the Traffic Signalization for Mid-Cities Blvd. @ Winter Park in FY 2007/08 City Council Minutes July 14, 2008 Page 11 CIP Budget (ST0403). This project will consist of installing a new traffic signal along Mid-Cities Blvd. at Winter Park, one of the main entrances in to Home Town NRH. On April 24, 2006, Council approved a Local Transportation Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TXDOT), Resolution No. 2006-015, a CMAQ funding category, that requires the City to pay a total participation cost of $30,960 and TXDOT to pay the remaining cost to construct the traffic signal light up to a maximum grant amount of $123,840. The grant is basically an 80-20% local split but requires the City to pay 100% all cost overruns plus TxDOT's direct/indirect costs to review and administer the project ($4,800). The city will be reimbursed a maximum of 80% for each monthly contractor invoice. Notice of the Intent to Bid was advertised in the local newspaper, as required by State Statue and posted on the City Website. In addition, twelve (12) vendors were contacted and requested to participate in this process. Three (3) vendors submitted bids that have been approved by Texas Department of Transportation. It is recommended that the project be awarded to the lower bidder, Roadway Solutions, Inc. in the amount of $153,987 and authorize staff to work directly with the contractor to have the signal poles coated with a black powder coating at an estimated cost of $15,000. The 2007/08 CIP Budget for the project (ST0403) is recommended to be revised to include an additional $34,987 and to revise the Design portion of the budget to reflect actual design cost. The design cost savings can be applied to the construction cost. Because of how the grant will be reimbursed to the City of North Richland Hills, 100% of the funding will be provided through project savings and the City will be paid back as the grant is reimbursed back to the City. COUNCILMAN BARTH MOVED TO APPROVE PU 200$-023 AND TO REVISE THE 2007/2008 CIP BUDGET (PROJECT ST0403~. COUNCILMAN WEIGH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2008-056 CONSIDERATION TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ALLOW SURVEYING OF CITY PROPERTY BY TEXAS MIDSTREAM GAS COMPANY FOR POTENTIAL GAS PIPELINES- RESOLUTION NO. 2008-036 APPROVED John Pitstick, Director of Planning and Development presented the item. The City has recently been approached by Texas Midstream a subsidiary of Chesapeake Energy with a request to survey several city properties in an effort to establish future gas distribution pipelines connecting drill sites to markets. The proposed gas pipelines are planned in several locations throughout the city. Some of the pipelines will be crossing City Council Minutes July 14, 2008 Page 12 city parks and other property owned by the city. Texas Midstream has the legal right to acquire property as a public utility and have sent several letters to property owners expressing their desire to move forward with the acquisition of pipeline easements. In an effort to work with Texas Midstream but also to help insure that the city and its residents get a high quality pipeline, staff is requesting that City Council consider an agreement to allow Texas Midstream to survey city properties with the understanding that certain minimum standards would have to be met on all properties within the city. COUNCILMAN VI/ELCH MOVED TO APPROVE RESOLUTION N!©, 2008-036. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7~0. F.3 GN 2008-066 AUTHORIZING THE SUBMITTAL FOR A TEXAS PARKS AND WILDLIFE GRANT FOR THE NRH RECREATION CENTER - RESOLUTION NO. 2008-041 APPROVED Vickie Loftice, Director of Parks and Recreation presented the item. The City of North Richland Hills is eligible to apply for matching grant funds from the Texas Parks and Wildlife Department for construction of an indoor recreation center centrally located within the City. The City can submit a TPWD grant application for the NRH Recreation Center project for both acquisition and development. A total of two grants will be awarded in the state to eligible applicants including political subdivisions of the State of Texas. This includes cities, counties and river authorities. Eligible applicants must have an updated and approved Parks, Recreation and Open Space Master Plan on file with Texas Parks and Wildlife. This is a reimbursement program with fifty percent (50%) of the actual expenditures, up to the support ceiling of the grant, reimbursed during the project period as billings are submitted. The NRH Recreation Center Grant Application is in the amount of $750,000. The matching value for the City's participation can be accomplished through the property donation from the developer, the 4B Sales Tax or the Tax Increment Financing District No. 2. COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2008-066; RESOLUTION NO. 2008-041.. COUNCILMAN SAPP SECONDED THE MOTION. MOTION T© APPROVE GARRIED 7-0. F.4 City Council Minutes July 14, 2008 Page 13 GN 2008-062 APPOINTMENT TO PLACE 2 ON KEEP NRH BEAUTIFUL COMMISSION, ALTERNATE ON PARK AND RECREATION BOARD, EX OFFICIO ON THE PLANNING & ZONING COMMISSION, ALTERNATE ON THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE AND PLACE 3 ON THE SUBSTANDARD BUILDING BOARD APPROVED Patricia Hutson, City Secretary presented the item. The terms of office for individuals serving on several of the City's Boards and Commissions have expired. In addition, the Place 3 position on the Substandard Building Board is vacant. 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 NRH Beautiful Commission Place 2 Jay Garner term expires 6/30/2010 Park and Recreation Board Alternate Tracye Tipps term expires 6/30/2010 Planning & Zoning Commission and Capital Improvement Advisory Committee Ex Officio /Alternate Diana Madar term expires 6/30/2010 Substandard Building Board Place 3 Deryl Brown term expires 6/30/2009 COUNCILWOMAN COMPTON MOPED TO APPROVE GN 2Q0.8-OC2~ REAPPOINTING .SAY DARNER TO KEEP NRH BEAUTIFUL COMMISSION,.. PLACE 2; TRACYE TIPPS TO PARK AND RECREATION BOARD, ALTERNATES DIANA MADAR TO PLANNING $c ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE,. EX OFFICIO/ALTERNATES AND APPOINT DERYL BROWN TO SUBSTANDARD BUILDING BOARD, PLACE 3. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED ~-Q. F.5 GN 2008-065 APPOINTMENTS TO THE CONSTRUCTION CODE BOARD OF APPEALS APPROVED City Council Minutes July 14, 2008 Page 14 Dave Pendley, Building Official presented the item. The terms of office for the board members serving in Places 2, 4, and 6 on the Construction Code Board of Appeals expired June 30, 2008. Appointments to this board must meet the requirement of technical expertise in the construction fields. At least one member must be a registered master electrician; one member a state licensed master plumber; one member a master mechanical contractor; and all others must be familiar with construction. Staff recommends Kirk Cameron (a local builder) as a new appointee to replace the vacated Place 2 seat previously held by Mark Ford and the reappointment of Lynn Motheral to Place 4, and Lloyd Robinson to Place 6. All nominees for appointment meet the technical requirements of the ordinance. Nominees: Place 2 Kirk Cameron (Local Builder) Place 4 Lynn Motheral (Local Builder) Place 6 Lloyd Robinson (Master Plumber) COUNCILMAN WELCH MQVED TQ APPROVE GN 2Q08-OCS. CQUNCILWOMAN Cf)MPTQN SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-Q. F.6 GN 2008-067 AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES AND AMENDING THE REGULATIONS CONCERNING RECORDS MANAGEMENT - ORDINANCE NO. 3006 APPROVED Patricia Hutson, City Secretary presented the item. The Texas Local Government Code requires cities to establish by ordinance a Records Management Program. In the late 80s, the City Council approved an ordinance that established and provided for the administration of the City's Records Management Program. This ordinance has become outdated. The proposed ordinance incorporates State guidelines for local government records management programs and updates the City's Records Management program by addressing • Duties and responsibilities of department directors • Designation of records liaison officers and their duties and responsibilities • The development of a Records Management Plan for approval by the City Manager • The storage of electronic records (previous ordinance addressed a microfilm program no longer used) City Council Minutes July 14, 2008 Page 15 COUNCILMAN SAPP MOVED TO APPROVE ORDINANCE NO. ~OQC. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.7 GN 2008-069 APPROVE SUSPENSION OF THE AUGUST 8, 2008 EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY'S REQUEST TO INCREASE RATES - RESOLUTION 2008-042 APPROVED Karen Bostic, Managing Director presented the item. Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about June 27, 2008 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by $275 million. The Company asks the City to approve a 17.6% increase in residential rates, a 9.1 % increase in commercial rates and a 5.8% increase in street lighting rates. According to Oncor, annual rates would increase by approximately $60 for an average residential customer. The City of North Richland Hills is a member of a 109-city coalition known as the Steering Committee of Cities Served by Oncor ("Steering Committee"). Approval of Resolution No. 2008-042 suspends the August 8, 2008 effective date of the Company's rate increase for the maximum period permitted by law to allow the City, working in conjunction with the Steering Committee of Cities Served by Oncor, to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. The law provides that a rate request made by an electric utility cannot become effective until at least 35 days following the filing of the application to change rates. The law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. Approval of the resolution would also allow cooperation with the Steering Committee to hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals. It also finds that the meeting at which the resolution is passed is open to the public as required by law and requires notice of the resolution be sent to Oncor as well as legal counsel for the Steering Committee. COUNCILMAN EARTH MOVED TO APPROVE RESOLUTION NO. 2008-042. COUNCILMAN WHITSON SECONDED THE MOTION... MOTION TO APPROVE CARRIED 7-0. City Council Minutes July 14, 2008 Page 16 G.0 EXECUTIVE SESSION ITEMS ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA ITEM #1: CONSULTATION WITH ATTORNEY ON LITIGATION -1) FRIEND VS. NRH; 2) CITY OF SAN ANTONIO, TEXAS, ET AL., VS HOTELS.COM, L.P.; 3) EMINENT DOMAIN ACTION AGAINST G&S INVESTMENT COMPANY, LTD. FOR ACQUISITION OF EASEMENT AT GLENVIEW AND BOULEVARD 26 No action needed. ITEM #2: DELIBERATE THE LEASE OF CITY PROPERTY (MINERAL LEASES) - RESOLUTION NO. 2008-045 APPROVED Jared Miller, Assistant City Manager presented the item. DDJET has approached the City seeking three year (36 month) leases on 11.90 acres in JB Sandlin Park and 78.397 net mineral acres in Little Bear Creek Park. The lease terms are $20,000 per net acre and 25% royalties. The leases will expire on July 14, 2011. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 200-045, AUTHORIZING THE CITY MANAGER TO EXECUTE OIL AND GAS LEASES FOR JB SANDLIN PARK AND LITTLE BEAR CREEK PARK AND A SURFACE USE AGREEMENT FOR LITTLE BEAR CREEK PARK. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. ITEM #3: DELIBERATE THE EMPLOYMENT OF COUNCIL APPOINTED POSITIONS -CITY ATTORNEY, CITY SECRETARY, CITY MANAGER, MUNICIPAL COURT JUDGE APPROVED Larry J. Cunningham, City Manager presented the item. Legal services for the City of North Richland Hills are currently provided by Taylor, Olson, Adkins, Sralla, & Elam, LLP (TOASE). TOASE is requesting a cost increase in legal services for both the general services and litigation services. There has been no increase in services since July 2005. Effective date for increase will be October 2008. City Council Minutes July 14, 2008 Page 17 COUNCILMAN WHITSON MOVED TO APPROVE THE AMENDED AGREEMENT WITH TOASE. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED ~-0. INFORMATION AND REPORTS H.1 IR 2008-080 CRIMEREPORTS.COM Jimmy Perdue, Chief of Police presented the item. The public frequently expresses an interest in crime data occurring in their communities. CrimeReports.com provides law enforcement agencies with an affordable and easy-to-use Web-based service for managing and controlling the sharing of crime data with the public, in near real-time. A CrimeReports.com user simply enters an address of interest, city name, or even a zip code, and clicks on "Get Report" to see criminal activity in a given area on an easy-to- use map interface. The user can even search for specific crime types. CrimeReports.com allows the Police Department to manage and control which types of crime reports and which details on a report are shown to the public. Victim identification is removed as part of the data publishing process. In addition, victim identities are further protected by converting the exact street addresses to the "block level." With CrimeReports.com, users can access their neighborhood crime information for free, empowering them to make informed decisions to help improve the safety of their families, friends, property and the community at large. CrimeReports.com enables the Police Department to put crime data in the hands of those who care about it most - ourcitizens. H.2 ANNOUNCEMENTS Councilman Welch made the following announcements. Dive-in Movies continue on Friday nights at NRH2O. Join us on July 18th for "Surfs Up" and July 25th for "Spiderman 3." Dive-in Movies are free with paid admission to the park. For more details, please call 817-427-6500. North Richland Hills is offering Think Green education sessions each month at the Recreation Center. The July 19th session will focus on Home Energy Conservation and Renewable Energy. The cost is $10 for adults and free for children 18 and under. This session will be held from 1 to 3 p.m. To register or get more details, please call 817- 427-6600. City Council Minutes July 14, 2008 Page 18 Iron Horse Golf Course continues to be one of the Best Public Golf Courses in Texas. Most recently, Iron Horse was recognized with the Reader's Choice Award in the Fort Worth Star-Telegram. To learn more about this great facility, stop by or call 817-485- 6666. Kudos Korner -Kevin Carrothers and Aaron Sultan, Library. A resident e-mailed to thank Kevin and Aaron for consistent, excellent customer service. When asked a question, they respond thoughtfully, cheerfully and completely, making sure the customer really receives what is needed. The residents also expressed congratulations on the new library, saying it is stunning. H.3 ADJOURNMENT Mayor Pro Tem Turnage adjourned the meeting at 8:33 p.m. ~~~~ Rt C H C~.~oy~~ ~ , f,,.. ~.,.. ..tip y 7'TEST: '~ r Scott Turnage -May r Pro Tem City Secretary