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CC 2008-07-28 Agendas
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, July 28, 2008 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-073 Discussion of Construction Delivery Methods for the Recreation Center (20 minutes) A.3 IR 2008-083 Update on Building Activities in North Richland Hills (10 minutes) A.4 IR 2008-084 Update on Workplace and Special Event Recycling Efforts (10 minutes) 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) Steven Rodgers vs. NRH 3) Amanda Clark vs. NRH B.2 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 C.0 Adjournment Certification I do hereb certify that the above notice of meeting of the North Richland Hills City Council was posted Y at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on July 25, 2008 at ~:°~~ ~~, t ~, ,, ,, ~T ~. Assi~ta City~ecretary • • • ~ cessible arkin s aces area ilable. Requests for This facility is wheelchair accessible and ac p g p accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-421-6060 for further info mation. The Cit Council may confer privately with its attorney to seek legal advice on any matter listed on the Y a enda or on any matter in which the duty of the attorney to the governmental body under the Texas g Disci linar Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, p Y Texas Government Code. July 28, 2008 -City Council Agenda Page 1 of 3 CITY OF NORTH RICHLAND HILLS CITY COUNCILAGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, July 28, 2008 7:00 P.M. -------------------------------------------------------------------------------------------------------------------------------------- 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: ^ Library on the Friday prior to the meeting (available electronically) ^ 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 wvuw.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ----------------------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order -Mayor Trevino A.1 Invocation -Mayor Pro Tem Turnage A.2 Pledge -Mayor for the Day Austin and Logan Perrin A.3 Special Presentation(s) and Recognitions) -Yard of the Month Awards for July, 2008 presented by Councilwoman Compton A.4 Special Presentation(s) and Recognitions) -Presentation of Certificate of Recognition to Kathryn Juren presented by Councilman Sapp A.5 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or 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. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.6 Removal of Item(s) from Consent Agenda 6.0 CONSIDER APPROVAL OF CONSENTAGENDA 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 July 14, 2008 City Council Meeting July 28, 2008 -City Council Agenda Page 2 of 3 C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2008-019 Approve 2008 Preventive Street Maintenance Program F.0 GENERAL ITEMS F.1 GN 2008-070 Consider Appointments to Economic Development Advisory Committee F.2 GN 2008-071 Approve Contract with Time Warner Telecom for Voice and Internet Service for $2,631 Monthly G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Whitson H.2 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 ,51, Texas Government Code on July 25, 2008 at ~,'~`~~ ;~,~ . P ,~ ~~ ~, ;~ _ `~~~~ ~~i~ta ity Secretary This facility is wheelchair accessible and accessible parking spaces are ~v~ilable. 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 info mation. 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. July 28, 2008 -City Council Agenda Page 3 of 3 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, July 28, 2008 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-073 Discussion of Construction Delivery Methods for the Recreation Center (20 Minutes) A.3 IR 2008-083 Update on Building Activities in North Richland Hills (10 minutes) A.4 IR 2008-084 Update on Workplace and Special Event Recvclinq Efforts (10 minutes) 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) Steven Rodgers vs. NRH 3) Amanda Clark vs. NRH B.2 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 C.0 Adjournment CI TY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-28-2008 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-073 ~ Date: July 28, 2008 DO h Subject. Discussion of Construction Delivery Methods fort e Recreation Center The City currently and generally employs the traditional "Design-Bid-Build" delivery method for its Capital Improvement Projects. This methodology follows the usual and sequential process of designing a project based on specific program needs, competitively bidding completed construction documents and executing a construction contract with the lowest responsible Bidder to build the project. The benefits of this delivery method are: 1. Standard control of design and construction costs, 2. Construction costs are competitively bid and are known prior to start of construction, 3. The General Contractor assumes liability for the stated construction amount and schedule duration. However, this process must confront these inherent challenges: 1. An adversarial business relationship between an Owner and the General Contractor due to its high risk nature, 2. Increased risk of low bid contracting leads to potential claims increase, 3. Potential for substantial cost exposure as a direct consequence of incomplete and/or inaccurate construction documents and, 4. The most qualified contractor is not always awarded the bid. More recently, alternative delivery methods have evolved driven by the need to improve project delivery within the constraints of budget and schedule. The passage of Senate Bill 1 of the 1995 Texas Legislative Session and subsequent amendments in 1997, 1999 and 2001 allowed the use of alternative project delivery methods for public school districts and institutions of higher education. The generally successful implementation of alternative delivery methods by school districts and institutions of higher education piqued the interest of other public entities, Other public entities, who contract frequently for construction services, desired the same flexibility and alternatives for project delivery. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ The result was the introduction of legislation in the 77t" Texas Legislature in 2001 to enable cities, counties and river authorities to use, if they wished, the same alternative project delivery methods that were available to public education institutions in Texas. Consequently, Senate Bill 510 was passed by the Legislature and signed into law by Governor Perry effective September 1, 2001. Senate Bill 510 created a new Subchapter H as part of Chapter 2l1 of the Local Government Code. Results from alternative delivery methods have been very positive and the trend continues away from the traditional process for public agency projects, although the traditional process is still best suited for select projects. Private owners and the construction industry in general have embraced this trend and fully appreciate the mutual benefits this delivery strategy provides. Several cities in the North Texas area employ the Construction Manager at Risk (CMR) delivery method for large, complex construction projects. Site visits andlor interviews with the Cities of Frisco, Mansfield, Irving, Mesquite, and Burleson indicate generally positive and successful use of the CMR method. Staff members involved in the research of the CMR delivery system include Jared Miller, Assistant City Manager, Vickie Loftice, Director of Parks and Recreation, Mike Curtis, Director of Public Works, Chris Amarante, (City) Construction Manager and Jamie Brockway, Purchasing Agent. Description of Construction Manager at Risk The Construction Manager at Risk delivery process is similar to the familiar Design-Bid- Build process, except it involves the CMR early in the design process rather than at bid time. The CMR process allows a client to select a construction manager based on qualifications, making the CMR a member of a collective project team -thus reducing risk for all parties. The CMR acts as general contractor during construction, assuming the risk of subcontracting the work and guaranteeing completion of the project. Under this scenario, the Construction Manager at Risk has control over the means and methods of construction, the management and safety of workers and delivery of the completed work consistent with the owner's cost, time and quality requirements. These risks and responsibilities are to be borne by the Construction Manager at Risk, and appropriate consideration must be given to the dollar amounts necessary to warrant the assumptions of such risks and responsibilities. Another advantage of the CMR delivery system is that it provides a guaranteed maximum price that contains a contingency to cover the assumptions of risks and responsibilities. An accounting for this contingency is maintained during the course of the project and if the funds are not necessary they are not expended by the owner. For a municipal client, the CMR will advertise and receive bids from many subcontractors. These bids are received, as in any public bid, and tabulated. In keeping with the partnering concept, which is central to effective construction management, the owner and Construction Manager at Risk will handle the subcontractor selection process as a joint effort. The CMR will then enter into these contracts between hislher company and the subcontractors. The Construction Manager at Risk will be able to work with the owner to prequalify firms (if necessary), issue bid packages, receive and review bids, discuss the scope of work, the scheduled management plan and all the bidding requirements with the most responsive bidders and award the contract to the subcontractor who offers the best value. The Construction Manager at Risk will have front line responsibility for providing the owner with the completed product in accordance with all cost, schedule and quality requirements. Failure to do so will expose the Construction Manager at Risk to liability to the Owner. Moreover, the Construction Manager at Risk will have exposure to the subcontractor(s) for delay claims, extras and the like. As is typical, the CMR will provide the normal one year warranty period for discovered non-compliant work. In summary the CMR: • Is involved during the design of the project to provide accurate pricing options and offer suggestions on construction materials, supplies and design practicality from a contractor point of view. • Receives public bids as in a normal Design-Bid-Build scenario. • Contracts with the best value subcontractor in a transparent manner with the Owner reviewing and being part of all bid reviews. • Conducts the construction process in the role of a general contractor. • Guarantees a price for the project at apre-determined stage of the design process and has an agreed upon contingency set aside that can be accessed with full accounting to the Owner. • Works for a negotiated fee in lieu of his fees being embedded in the construction bid. Guaranteed Maximum Price ~GMP) Overview Construction management-at-risk allows state and municipal agencies to award projects on a best value basis instead of price alone. It also limits public liability since the Construction Manager at Risk agrees to work "at risk" by assuming any cost overruns beyond a negotiated guaranteed maximum price. It serves as a strong incentive for the job to stay within budget. Under a Fixed Fee, Guaranteed Maximum Price (GMP} strategy the: • CMR guarantees that a project will be constructed in strict accordance with the construction documents, will not exceed a guaranteed maximum price and will be completed within a specific time frame. • CMR is typically selected by negotiation of a Fixed Fee, GMP contract with the subcontractor's trade work competitively bid. A GMP contract can also be competitively bid in a manner similarly to that for a Lump Sum contract with the successful Bidder determined on the combined basis of its quoted maximum price and fixed fee. • CMR receives a negotiated fixed fee for its services. • CMR pays for costs in excess of the GMP either out of its fee, or in extreme cases where construction costs exceed the GMP and the GC's fee, out of its own pocket. Project savings are typically returned to the Owner or an incentive clause can be structured for the CMR to share in a portion of any and all of the project savings. A GMP delivery strategy has the advantage of flexibility in its programming and execution over the sequential process for the Design-Bid-Build method. Recommendation Given the size, type and complexity of the Recreation Center project and some of the inherent challenges of the traditional Design-Bid-Build approach, staff recommends that Council authorize the Construction Manager at Risk construction delivery system for use on appropriate projects. Respectfully Submitted, Jared Miller Assistant City Manager This method is one with which most own- ers are familiar. It is a linear process where one task follows completion of another with no overlap. Plans and specification are completed, then advertised for bids. Con- tractors bid the project exactly as it is de- signed with the lowest bidder awarded the work. STRUCTURE t -~ ~ -~ ~. SUBCONTRACTORS SCHEDULE DESIGN BID CONSTRUCT ADVANTAGES • Familiar delivery method • Easy process to manage • Defined scope • Single point of accountability • Lowest price accepted • Good for uncomplicated projects that are budget sensitive, but are not schedule sen- sitive and not subject to change DISADVANTAGES • Linear process means longer schedule • May require re-design or re-bid to meet budget after bid • No control over contractor or subcon- tractorselection • No budget input from contractor • Not suited for complex projects ! ~ • i ~ CM at Risk allows the Owner to interview and select afee-based firm to manage construc- tion before design is complete. The construc- tion manager and the architect work together to develop and estimate the design. A guaran- teed maximum price (GMP) is provided by the CM, who then receives proposals from and awards the contracts to subcontractors. The final construction price is the sum of the CM's fee and the subcontractors' bids. The Owner will not pay more than the GMP, and retains any savings. STRUCTURE • CONSTRUCTION MANAGER A!E SUBCONTRACTORS SCHEDULE ~~ ADVANTAGES • Construction firm selected by interview based on quality rather than low bid • Early CM involvement in estimating and constructability • Owners involved in selection of subcontrac- tors • Guaranteed maximum price • All work except CM is bid • Good for large, complex projects • Enables faster delivery (construction begins before design is complete saving time} DISADVANTAGES • Negotiated CM fee is not competitively bid • Not suited for small projects (some cities set a limit at $500,000 or above} C INFORMAL REPORT TO MAYOR AND CI i 1( COUNCIL No. IR 2008-083 ~ Date: July 22, 2008 ~ Buildin Construction Activities Subject: Update on g The City of North Richland Hills continues to experience a general slow down in construction activity primarily as a result of the state and national economic trends. However, overall construction values in NRH continue to exceed $100 million each year and revenues from permit fees continue to exceed $1 million annually. Much of this new growth has been the result of major building activities by churches, schools and civic facilities that may not directly impact the tax roles but point to confidence in our community and enhanced quality of life. In an effort to seek some understanding of our local economy through building activities, staff has reviewed the past 10 years of new construction with recent building activity and also compared our city with some of the area cities. Staff will be making a power point presentation in the work session identifying a few trends that point to optimism forthe future. Significant trends for NRH include: 1. Major construction activity in churches, schools and civic institutions 2. NRH population growth continues to outpace area cities 3. Significant increases in the values of new homes 4. Open land for development compared to area cities We will present background information and be prepared to answer questions at the work session. Respectfully Submitted, John Pitstick Director of Planning & Development ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~^' 1. Non-Profit Building Construction yew Cons`ruction Va ues 2000 2007 2008 ($110 million/year) ($134 million) Sing e =a ri y $58.3 m $~•' .5 m Commercia $33.0 m $'6.0 ~ Ot ier $" .0 ~n $' 2.0 m C'v'c/ion-~-o`': $ 2.2 ~ $6~•.3 ~n 2. Population Outpacing Area Cities ~~ew ~o ~u a':ion g -ow': i 2007-2008 ~ R ~ + ' 700 Co eyvi e + 350 Gra~ev'ie + '600 furs` +250 <e er + 700 f- a -om C'ty + ' 00 .u ess + 700 Wa°auga + 100 Sou-~ a<e + 400 ~ici.and His + 50 3ed ~ord + 400 3. Increases in New Home Values 2000 (292) $162,000 2001 (334) $154,800 2002 (270) $154,400 2003 (298) $168,000 +8.8% 2004 (340) $184,700 +9.9% 2005 (412) $187,000 +1.2% 2006 (365) $218,300 +16.7% 2007 (210) $248,500 +13.8% 2008 (150) $279,000 +12.2% 2000 - 292 homes = $47.3 million 2008 - 150 homes = $41.8 million (+72.2% in 8 years) 4. Open Land for Development O yen _and VR- Sou`i a<e Gra Devine Co eyv' e <e er _imi:ed O yen Land 3ed'o'd fu's`: ~ici and ~' s Wata~ ga =a `om Ci`y .u ess INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-084 Date: July 28, 2008 Subject: Recycling Initiatives Neighborhood Services is working on four Initiatives to increase recycling in our community. Paper Drop Off Sites: Abitibi paper recycle bins are located at Wal-Mart Loop 820, North Tarrant Parkway locations and Neighborhood Services. Citizens may drop off newspapers, office papers, and catalogs for recycling. Over 10,000 pounds of paper was collected at the Wal-Mart locations the first 2 months. Another benefit of this program is that the Animal Adoption Rescue Center (AARC) receives money for the recycled paper. The money goes into the NRH Animal Adoption & Rescue Center CIP Expansion project to help with the fundraising process. This program gives businesses and apartment residents a place to recycle paper. Workplace Recvclinq: In order to increase our recycling efforts internally a Work Place Recycling Committee was formed. We have updated the Workplace Recycling Management Policy. The program has expanded to include plastics, paper and aluminum cans at all facilities. Neighborhood Services staff will coordinate with each department to pick up their paper and aluminum cans and all monies from this effort will also be deposited into the Shelter's CIP Expansion Project. The Fire Stations will be able to recycle all of the items included in the curbside program. Duncan Disposal has agreed to accept aluminum cans and plastic drink containers along with paper in at City facility recycle bins. The Fire Stations' recycling will be picked up curbside. It is our hope that this program will serve to lead by example for other businesses in North Richland Hills. Special Event Recvclinq,: A grant from TCEQ in the amount of $22,310 will fund a new recycling bin loan program to increase recycling at community events. This new program will allow schools, nonprofits, and other community organizations to "check out" recycle bins for use at festivals, athletic competitions and other special events. Starting this fall, the Neighborhood Services Department will provide special event planners with a complete tool kit to make recycling easy and effective at their events. The tool kit will include a guide on what and how to recycle, the bins and bags and recycling signage. School Recvclinq Contest: Keep NRH Beautiful is working on a public school recycling contest that will ask students to use recycling as the theme to create a design for a bookmark, a design for cloth shopping bags, recycled art sculptures, and a commercial. The contest will take place in February and March of 2009. It is our hope that the combination of the recycling initiatives will increase recycling awareness and participation. Respectfully Submitted, Debbie York Neighborhood Services Manager ~ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS '~ CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-28-2008 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-28-2008 Presented by: Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.071 for Consultation with Attorney on Litigation -1~ Friend vs. NRH; 2) Steven Rodgers vs. NRH 3) Amanda Clark vs. NRH CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-28-2008 Presented by: Agenda No. B.2 Subject: 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 cirY of NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-28-2008 Agenda No. C.0 Subject: Adjournment 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, July 28, 2008 7:00 P.M. A.0 Call to Order- MavorTrevino A.1 Invocation -Mayor Pro Tem Turnage A.2 Pledge - Mayor for the Dav Austin and Logan Perrin A.3 Special Presentation(s) and Recognition(s) -Yard of the Month Awards for July, 2008 presented by Councilwoman Compton A.4 Special Presentation(s) and Recognition(s) - Presentation of Certificate of Recognition to Kathryn Juren presented by Councilman Sapp A.5 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or 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. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.6 Removal of Items} from ConsentAgenda B.0 CONSIDER APPROVAL OF CONSENTAGENDA 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 July 14, 2008 City Council Meeting C.0 PUBLIG HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2008-019 Approve 2008 Preventive Street Maintenance Program F.0 GENERAL ITEMS F.1 GN 2008-070 Consider Appointments to Economic Development Advisory Committee F.2 GN 2008-071 Approve Contract with Time Warner Telecom for Voice and Internet Service for $2,631 Monthly G.0 EXECUTIVE SESSION ITEMS G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session, Agenda H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Whitson H.2 Adjournment CI TY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-28-2008 Agenda No. A.0 Subject: Call to Order -Mayor Trevino cirY of NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-28-2008 Agenda No. A.1 Subject: Invocation -Mayor Pro Tem Turnage CI TY OF NORTH RI CHLAND HILLS Department: City Secretary Council Meeting Date: 7-28-2008 Presented by: Agenda No. A.2 Subject: Pledge -Mayor for the DayAustinand Logan Perrin cirY of NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-28-2008 Presented by: Kathy Luppy Agenda No. A.3 Subject: Special Presentation(s) and Recognitions} -Yard of the Month Awards for July, 2008 presented by Councilwoman Compton AREA 1 Ronald (Ted) Yaggi, 6616 Tabor Street AREA 2 Robert & Carolyn Maseranq, 7351 Winnell Wav AREA 3 Jacob Stansbury, 6301 Torrey Pines Drive AREA 4 Monty Hale, 7001 Meadow Park AREA 5 Christa Sparks, 8636 Nichols Wav AREA 6 Rick Burton, 7708 Frankie B AREA 7 Diane Barnes, 8308 Main Street AREA 8 Ronnie & Angie Graves, 7513 Brockwood Court AREA 9 Kevin & Valerie Egan, 8308 Sandy Court Business Landscape Winner Ellis and Tinsley Davis Professional Buildings (6248 and 6252 Davis Boulevard) AREA 3 Larry & Cheryl Plunkett 6312 Meadowlakes Drive The Plunketts who were the June winners for area 3 were out of town for the June council meeting and requested to be recognized at the July council meeting. CI T Y OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Council Meeting Date: 7-28-2008 Agenda No. A.4 Subject: Special Presentation(s) and Recognitions) -Presentation of Certificate of Recognition to Kathryn Juren presented by Councilman Sapp Certificate of Recognition ~e City of for: tics anc. - i s recognizes Kathryn Juren "or per ~artici ration in t ~e 'eo ~ e '.o 'eo ~ e S~~uden~. Am ~assador 'rogram. - ~roug ~ "iis grogram, ~Ca~:iryn recen~; y trave ed '.o Aus~~ra is w ere see gained a grea~~~er sense o~~ w~a~: i~~ means ':o ~e a good neig ~ nor and a g o ~a ci~_izen. <a~_ iryn proud y re presented fort ~ ~ic~ and - i s, ~.~e s_a~:e o'' ~exas and ~;~e Uni~~ed S~~a~:es o" America during ier trave s and we are proud or per accom ~ is ~men~~s. date Oscar Trevino, Vlayor CITY ~F NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-28-2008 Presented by: 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 Council or 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. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-28-2008 Agenda No. A.6 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-28-2008 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENTAGENDA 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. C1TY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-28-2008 Presented by: Agenda No. B.1 Subject: Approval of Minutes of July 14, 2008 City Council Meeting Recommendation: To approve the minutes of the July 14, 2008 City Council meeting. 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,1301 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 Order 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 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 2001, 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. 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 Citv 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. ROLL CALL Present: Scott Turnage John Lewis Ken Sapp Tim Barth David Whitson Suzy Compton Tim Welch Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 3 Council, Place 7 Council Place 6 Absent: Staff: Larry J. Cunningham Jared Miller Patricia Hutson Monica Solko George Staples Oscar Trevino 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 forthis 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. 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 N0.2008-040 B.4 GN 2008-064 RESCHEDULING THE AUGUST 25 COUNCIL MEETING B.5 PU 2008-024 RENEW BID # 01-1390 ANNUAL CONTRACT FOR TRAFFIC MATERIAL FOR PUBLIC WORKS DEPARTMENT TO VULCAN SIGNS INC., ALLIED TUBE & CONDUITAND 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 N0.3004 COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCI~.WOMAN COMRTQN S-ECQNDED THE MQTIQN, MOTION TO APPROVE CARRIED T-0. Councilman Welch stepped down from the Council dais. ~UBL C -EAR CGS C.1 ZC 2008-04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DAVID BARFIELD TO APPROVE AZONING CHANGE ON 3 PARCELS OF LAND: AG TO R-2 (0.717 ACRES), AG TO R-1-S (1.250 ACRES), AND AG TO 0-1 (0.469 ACRES); LOCATED IN THE 6800 BLOCK OF NOB HILL DRIVE -ORDINANCE N0.3003 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 0-1 (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. 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. OUNGII-MAN SAPP MOVED Ta APPROVE ITEM. C.'~, BONING ~A~E C 2008-04 Q!RDINANGE N0, 300, ~OllNCILMAN BARTH SEGONDEG THE MOTION. MOTION TO APPROVE CARRIED ~-0 COUNCI~.MAN WELCH ABSTAINING. C.2 RP 2008-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CARY CLARKS HOMES TO REPEAT LOT 3R-1-BRAND 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. There being no one wishing to speak, Mayor Pro Tem Turnage closed the public hearing and called for the motion. COUNCILMAN LEINIS MOVED TO APPROVE Rf~ 2008-05. COUNGII~MAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE. CARRIED ~-0 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. ~QUNCILMAN wHITSQN MQVED TQ APPRG~VE THAT THE ~QUNCIL DETERMINE THERE IS NQ FEASIBLE AND PRUDENT ALTERNATIVE TQ THE. INTENDED MINERAL DEVELQPMENT FROM THE PARKS AND THAT THE PRQPQSED MINERAL DEVELQPMENT PRQGRAM HAS BEEN PLANNED PROPERLI~ TQ INSURE THAT ALL PQTENTIAL HARM TQ THE LAND HAS BEEN MINIMIZED AND THEREFQRE THE DEVELQPMENT QF MINERALS IIIIILL BE ALLQWED QN THESE TWQ PARK PROPERTIES. CQUNCILWQMAN COMPTQN SECQNDED THE MQTION. MQTIQN TO APPRQVE CARRIED ~-0. D.0 PLANN ~G & 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. C4lJNCILMAN ~VELGH MQVED TQ APPRQVE RES4LUTIQN N'Q. 2008-Q43. CQt1NCILMAN EARTH SECONDED THE MOTIQN, M4TIQN TD APPRQVE 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 N0.2008-044 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. COl1NCILMAN SAPP MOVED TO APPROVE PW 2008*018, RESOLUTLON N'a. 200-044.. COUNCILII~OMAN C©MPTON SECONDED THE MOTLON. MOTIQN TO APPROVE CARRIED 7-0.. GENERA_ITENS F.1 PU 2008-023 AWARD BID N0.08-029 FOR THE TRAFFIC SIGNALIZATION FOR MID CITIES @ WINTER PARK TO ROADWAY SOLUTION IN THE AMOUNT OF $153,987.00 AND REVISE THE 200712008 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 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 2007108 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 2008-023 AND TO REVISE THE 2OO~f2008 CIP BUDGET (PROJECT ST0403}, COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED ~-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 N0.2008-036 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 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. COt~NCILMAN wEhGH MOVED TO APPROVE RESOLUTION NO. 2008-035.. CQUNCILwQMAN COMPTON SECONDED THE MOTION, MOTION TO APPROVE CARRIED ~-0. F.3 GN 2008-066 AUTHORIZING THE SUBMITTAL FOR A TEXAS PARKS AND WILDLIFE GRANT FOR THE NRH RECREATION CENTER - RESOLUTION N0.2008-041 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 C©MOTON MOVED TO ARPROVE GN 2008-0~~~ RESC}L1~T10N NO.200.8-041. COUNCILMAN SAPP' SECONDED THE MOTION.. MOTION TO ARPROVE CARRIED ~-~. F.4 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 I Alternate Diana Madar term expires 6/30/2010 Substandard Building Board Place 3 Deryl Brown term expires 6/30/2009 COUNCILWOMAN COMPTON MOVED TO APPROVE GN! 2Q08-082; REAPPOINTING .SAY GARNER TO KEEP NR;H BEAUTIFUL COMMISSION, PLACE 2 TRACYE TIPPS- TO PARK AND RECREATION BOARD,. ALTERNATES DIANA MADAR TO PLANNING & ~ONI'NG COMMISSION AN'D CAPITAL IMPROVEMENT ADVISORY COMMITTEE, Etc OFFICIOIALTERNATE', AND APPOINT DERYL BROWN TO SUBSTANDARD BUILDING BOARD PLACE 3. COUNCLLAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7~~.. F.5 GN 2008-065 APPOINTMENTS TO THE CONSTRUCTION CODE BOARD OF APPEALS APPROVED 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 IILIELCH MOVED TO APPROVE GN 2008-065.: COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.6 GN 2008-067 AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES AND AMENDING THE REGULATIONS CONCERNING RECORDS MANAGEMENT -ORDINANCE N0.3006 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) CQUNCILMAN,~APP MOVED TC~ APPR~I~E C}RDINANCE NO, ~QQG, CQI~NCILMAN I~EWIS SECQNDED THE M0T1oN. MOTION TES APPROVE CARRIED 7-0. F.l 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 ermitted by law to allow the City, working in conjunction with the Steering Committee of p Cities Served by Oncor, to evaluate the filing, determine whether the filing complies with law, and if lawful, to deter ~ ~ pine 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. 208-~42. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE. CARRIED ~-~, G.0 EXECUTIVE SESSION ITEMS ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA ITEM #1: CONSULTATION WITH A I ~ ORNEY 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 N0.2008-045 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 ~. 2008045, AUTHORISING THE CITY MANAGER TO EXECUTE OIL AND GAS LEASES FOR ~B SANDLIN PARK AND LITTLE BEAR CREEK PARK AND A SURFACE. USE AGREEMENT FQR LITTLE BEAR CREEK PARK. COUNCILMAN WHITSON SECONDED TH'E MOTION.. MOTION TO APPROVE CARRIED T~O, ITEM #3: DELIBERATE THE EMPLOYMENT OF COUNCIL APPOINTED POSITIONS - CITY A~ I ORNEY, 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. COUNCILMAN II~HITSQN MOVED TO APPROVE THE AMENDED AGREEMENT 11111TH TOASE. CQUNCILINOMAN COMPTQN SECONDED THE MQTIQN. MOTIQN TO APPROVE CARRIED 7-O. 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 our citizens. H.2 ANNOUNCEMENTS Councilman Welch made the following announcements. Dive-in Movies continue on Friday nights at NRH20. Join us on July 18th for "Surf's 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. 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. Scott Turnage -Mayor Pro Tem ATTEST: Patricia Hutson, City Secretary CI TY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-28-2008 Agenda No. C.0 Subject: PUBLIC HEARINGS No items for this category. CI TY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-28-2008 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-28-2008 Agenda No. E.0 Subject: PUBLIC WORKS c~rY of NORTH RICHLAND HILLS Department: PublicVVorks Council Meeting Date: 7-28-2008 Presented by: Mike Curtis Agenda No. E.1 Subject: PW 2008-019 Approve 2008 Preventive Street Maintenance Program The Public Works Department has developed the 2008 Preventive Street Maintenance Program and presented it to the CIP Committee on July 21, 2008. This year staff presented two options for the CIP Committee to select from. One program was similar to the programs presented in past years, where the street selections were city wide. The second program took a "neighborhood" approach instead of a city wide approach. This program focuses on neighborhoods whose streets are generally in poor condition. Both programs have streets selected based on condition ratings so regardless of the program, streets are being recommended that are in need of repair. After both programs were presented by staff, the CIP Committee recommended trying the "neighborhood" approach this year and then evaluate the results of the program to determine if it will be used in the future. The "neighborhood" approach (called the Neighborhood Initiative Program} being recommended would consist of an asphalt overlay for 13 streets, slurry seal for 14 streets, and crack seal for 29 streets. This program concentrates on two neighborhoods in the City. The two areas being proposed have some of the oldest streets in the City. Staff believes this type of program may improve the overall perception of how well the City takes care of its streets. We are certain the selected neighborhoods would appreciate the Neighborhood Initiative Program, but we also believe it will be favorably received by many residents. This program would allow several streets in the same neighborhood to be resurfaced and repaired during the same time period. Having multiple streets improved in a neighborhood at the same time will provide an overall better appearance to the neighborhood. In the past when only one street in a neighborhood was improved it made a difference for the residents along the improved street but it did not make a difference to the overall neighborhood. Staff believes the Neighborhood Initiative Program will have a positive impact on a larger group of residents and will not raise as many negative concerns. The streets being recommended for this year's program along with location maps are attached. Staff will present the 2008 Preventive Street Maintenance Program to Council during the July 28, 2008 City Council meeting and be available to address any questions. Recommendation: Approve 2008 Preventive Street Maintenance Program as shown on the attached lists in an amount of $800,000. CITY OF NORTH RICHLAND HILLS PUBLIC WORKS DEPARTMENT 2 INCH HMAC OVERLAY BY CITY STAFF YEAR 2008 Neighborhood Initiative Program Via, street Lengthy Squ~r~ Wards 1~c~urnul~tiV+~ Width Vital ~ I~IVItruR aRIVE, ~ ~ ? 1 ~a , n Ht~LIDAY ENE, a~a 1 ~ aF~a ~ ~~ ~ ~~a ~`~ EIarQ'r .~~: er pie - R a'~r,~ ~r ~~ ' DEVILLE DRIifiE ~a~ - ' ~ ummir~~ Gre~~~ - G~1 Erb ~?5 ~ ~ ~ ~ C~5 ' ~ DEVILLE DRIVE; ~~aa-~~aa ~ . ~~~, x y? ~ c~5a ~.ummir~ Gn~~~ - E~~n-:~ ~;~~~nu~ , CAT~HIN DRIVE d7C-a ' 1.~~~J ;~ ~~' ~,t4J R.~r~ Gn'r~ - Ge~'~li~~ Cr ti~~ ~ DA~TaLINA C(7URT, ~T ,,, ~~ ~ ,x ~ ~! ,, i ¢5 F =~~~t~ Gn~~~ - Cutin~5 i~~ru~ , ., ' NEWCASTLE PLACE, a-71ta4 „~ 1,3`5.x.a C;~~ 4 ~~14'S~u"~ ~r~t-'~"a3;~c~~l~ F~~~~ , NE~4fCASTLE Pt.ACE,1i140-a~ao ' 1~~~5 ~ ~' ~ ; ~5 v'r'~ke~ie$~ Pc~ac - ~#~1harn F$~ace , ~LDI~ I~La~E; 7'aa ~ 1,3CTJ x ~~' ~ ~aa ~ Eurkir~h~~ Try - '•'amxiutn ~v~e , ,~ CHATHAM! ROAD; ~1a4 1,~3=~ x ~~' ~ C ~uckirh~^~ Try - . ami~ut~ ~~~~er+~e , BR~?SFRE TRAfL, a '#~ ~ "~ ~~~ ~ ~~aP~~n Dri~~e - F~mf~rd'~i'~ , •i STDNtt~aC~ DRIVE. ~aa4 ~C~ ~ ~ ~ ?5~ Erk~v~w Ir ~~~~ - yv~ld , .~ ~ GLENHURST DRIVE.. 68-6~0 ,, ,.~ 1.15 x ~~ ~ ~~5 ,. ~ur~~t E~~~ - ~G-i~~ Dri~.~ , TQTaL: 5. ~~ ~a Lari~ ~r4il~ , #P~~nt Re~cn~r~~tc~ 1,~3~ ~,~~ 7,11 11,31 14,~~1 1',51 ti ~ ,5„i =,~~1 `~,~~1 3~,~~ 11 ~4,~~1 3 ~ ,C;~~ 'tC,y' ~,~ i r ., LJ 2 Inch HMAC Overlay by Staff - 2008 1 inch equals 4400 feet N0. LOCATION 1 RIVIERA DRIVE, 7200 2 HOLIDAY LANE, 4600 3 DEVILLE DRIVE, 7300 4 DEVILLE DRIVE, 7200-7300 5 CATCHIN DRIVE, 4700 6 CATALINA COURT, 4700 7 NEWCASTLE PLACE. 6800-7000 8 NEWCASTLE PLACE. 7000-7100 9 OLDHAM PLACE, 7100 10 CHATHAM ROAD, 7100 11 BROOKSHIRE TRAIL, 8600 12 STONERIDGE DRIVE, 7000 13 GLENHURST DRIVE. 6800-6900 } h M N ~~. 5~ ~o .~ w z ~. J ,~..,, U Z ` _.. U W ,a o~ N ~O M N ~~H 2 Inch HMAC Overlay by City Staff (2oos~ NEIGHBORHOOD INITIATIVE PROGRAM 01 JUL ~~~' S'tarnjard Maps'! itiliti~sunnual Maps f='u~«` a~~~rlay_'1f~1?_INV~f'dl rJI~Y.intid Nreparetl for 4~ublw'~lorks by Intorrn3tiun Sarvic;as - GIST Slurry Seal Street Listing Year 2008 r 1 inch equals 4000 feet NO. LOCATION 1 CORONET AVENUE, 7300 2 SHAUNA DRIVE, 6700-7100 3 OAKLAND LANE, 7040 4 OAKLAND LANE, 7100 5 CUMMINGS DRIVE, 4100-4200 6 BLANEY AVENUE, 4600 7 SUNRISE DR. 6300-6500 8 TURNER TERRACE, 7000-7100 9 BRILEY DRIVE, 7200-7300 10 GLENDALE DR; 6800-6949 11 MANOR DRIVE, 7000 12 REYNOLDS ROAD, 4800-4900 13 VANCE ROAD, 4100-4700 14 REDWOOD COURT, 8900 } r` M N ~~, 22 ~u.1L Ob Standard h~aps'~,Utilities;knnual Raps _~i'~'vla" ii I i'I ~ i N ~~H ~.~. 0 a w z ~'~ U .~ Z ~~ w a IM 2008 Slurry Seal NEIGHBORHOOD INITIATIVE PROGRAM .~..~..~ Crack Seal Listing Year 2008 Neighborhood Initiative Program CI TY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-28-2008 Agenda No. F.0 Subject: GENERAL ITEMS CI TY OF NORTH RICHLAND HILLS Department: Economic Development Presented by: Jared Miller Council Meeting Date: 7-28-2008 Agenda No. F.1 Subject: GN 2008-070 Consider Appointments to Economic Development Advisory Committee The Economic Development Advisory Committee has five members whose terms expire August 1, 2008. (Council will recall that members of this Committee are selected based on specific areas of business in our community in order to have good representation of types and sizes of business.} Of these five members with terms expiring, three have expressed their willingness to continue service on this committee for another two years. Linda Timmons with Bates Container will be traveling quite a bit in the next couple of years and has requested that Mark Sanders, the Vice President of Bates Container, to be appointed to the position she has been holding on this committee. If Council appoints Mr. Sanders, the Economic Development Committee will still have representation from the manufacturing area. Vincent Lara, the general manager for Super UVaI-Mart located on North Tarrant Parkway, has indicated he is not able to continue serving on the Committee due to business obligations. He has represented the category for our large retail representative. Kevin Sutherland with the Home Depot located on N.E. Loop 820 has agreed to participate on the Economic Development Advisory Committee for two years. If approved, Mr. Sutherland will fill the large retail representative category. As mentioned above, when the Economic Development Advisory Committee was created, it was suggested that delegates from various areas of our business community be appointed to ensure that a complete and varied spectrum of backgrounds could be involved. This current advisory committee embraces all the original representation requested. Therefore, the Economic Development Department recommends the Council consider the reappointment of; Cindy Brewington -- Edward Jones Randy Moresi -- North Hills Hospital Dan Quinto -- Roaring Brook Development And, the Economic Development Department also recommends two new Committee members; Mark Sanders -- Bates Container, Inc. Kevin Sutherland -- Home Depot Recommendation: Approve reappointment of Ms. Cindy Brewington, Mr. Randy Moresi, Mr. Dan Quinto and approve initial appointment of Mr. Mark Sanders with Bates Container, and Mr. Kevin Sutherland with Home De ot. All five appointments will expire August 1St, 2010. p cirY of NORTH RICHLAND HILLS Department: Information Services Presented by: Kyle Spooner Council Meeting Date: 7-28-2008 Agenda No. F.2 Subject: GN 2008-071 Approve Contract with Time Warner Telecom for Voice and Internet Service for $2,631 Monthly At the October 28, 2002 City Council Meeting, the Council approved the City of North Richland Hills to enter into an initial agreement with Time Warner Telecom Holdings, Inc., whereby Time Warner provided two high capacity phone lines and one high capacity internet service line (1.5 Mb). Time Warner has provided the City with local and long distance services and support (caller id, e911, etc.) for the many City office numbers. Since Time Warner did not have a presence in North Richland Hills, they leased lines from AT&T to provide service to City Hall. The City has been satisfied with the service provided throughoutthe duration of the original contract. Staff began working with Time Warner in 2007 to renew the agreement, which expired in April 2008. During this time period, Time Warner advised staff of a pending purchase that would allow them to provide fiber optic service to the City. This is very advantageous to the City, giving Time Warner a local presence, the ability to provide better quality and enhanced services and replaces the leased lines being leased from AT&T. Time Warner has completed their purchase and submitted the contract renewal to staff. Staff is recommending a 60 month renewal of the City's agreement for voice and data service with Time Warner Telecom Holdings, Inc. for $2,631 monthly, an annual savings of approximately $2,300. Under this agreement, Time Warner will construct a fiber optic connection to the City's voice and data networks. Also, they will upgrade the City's existing internet service from 1.5 Mb to 10 Mb. By participating in the DIR cooperative purchasing program the City is meeting all State competitive bidding requirements for this purchase. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any State law that would require the City to solicit competitive bids. Participation in this program will be cost effective to the City as well as save Staff time. Recommendation: To approve the service agreement with Time Warner Holdings, Inc. for voice and internet service. ~~;/a Carttrast CdaasitiJZatJ . n ~. ~. w y.. /;4. YY'M fi' { R~l,. A iT y~ 0. 4}K f iD%: ~ Wi.; N+J' .;Y• ,~ nxr.. 9l ,Y k ~ y~ / w a d. Y tt >'M b x ~~. } !lade e K t :? ~}° , ,4 ~. ~ ;Y. ;~tW K . 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'u«ru.uu..W...u...,1.,..i.i1.i.,,,,...,.,.iNNli,..l~^~~Mi+..u,... ar rv+ Gus3ratner un~~rs#~rsds ttr~at tsrr3~ ttrr~ taiir~arnrr;iinie~tita~s ir~rr~r r~~y+~e:~~sil~n~t~;d ~;5 the faret~rt~r! Rnir~f,A'T'A fr;ll ~rri~r far any stra,~4~ fe!atahara~ nurr~taar. U1Starrt~r ~rtt tfte rratti~r~Jt~e~l *y~rrirrri ta~ltaue r~~r:~~~rtf t#'r~i 5tasfr i~tf#yi~,ii~i~i ~~u'#'r° a;~thars"~ fa t~intf Ca32+~raa~r in thi,~ E..et}~r tat A.~r?ta~y. `T~+~ #.et'er taf rr~r:irry rtx~~takws ~#I tar+~~~#tatr~ lr,tf~r~ of a~t~n~y r~t,~~rs~~fi Ir~rt~ tti~l,trts.~ ~ar~~~ire t;ravxi~~~ to ter; $~!~;:~ad',taryt# ~~rt~e~ ~~~wn ~iaave. ~ls"S7'~f,~~i f~'ltf~~iM: i:li`.~"T`vtrt~fi f311.#'.I~~ AE~#~~~t.L~.; ~.ity ~~f h3~r~? i"ta~~tln~~rt1 ~iil;~ 73Jt h~ 1«.9(ap ~ik{l ~.o,~.. ,. ,.,. ...«.....,. ~i~i~: ..............~ ...... ,..,~ ~~ ~~` ~ , s ,.. ~+er:~~a=~ t.~ F~~,~r3.~tat1 ~~~5 ,~#~ 1'if44F: ~'~J~f~h~~ti 1iwL.EGtiJ~i GCllVt'If:)f:ly"#•I~~. fxa~~ ~ a#'.9 CI TY OF NORTH RI CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-28-2008 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS C!T Y OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-28-2008 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda cirY of NORTH RICHLAND HILLS Department: City Council Presented by: Mayor Oscar Trevino Council Meeting Date: 07-28-D8 Agenda No. G.1 Subject: Appointment of Municipal Court Judge and Alternate Judges -Ordinance No. 3005. State Law requires that the City Council appoint the Municipal Court .Judge and establish the salary of the Judge by ordinance. The appointment of the Municipal Court Judge is for a two year term. Once the Judge's salary is established it can not be reduced during the two year term. In addition, the Council is required to appoint the alternate judges for the Municipal Court. The Municipal Court Judge's term of office is consistent with the term of the Mayor and the appointment of the judge needs to be made within 90 days of the election of the Mayor. Therefore, it is time to make an appointment of the Municipal Court Judge. The City Council is scheduled to discuss the appointment of the Municipal Court Judge in executive session and following that it will be appropriate during the regular council meeting to take action on this item. Ordinance No. 3005 is prepared to allow Council to take action on the appointment of the judge and alternate judges. Recommendation: To adopt Ordinance No. 3005 appointing a judge and alternate judges of the Municipal Court of Norkh Richland Hills and establishing a salaryforsuch term. 2 ORDINANCE N0.3005 ~, AN ORDINANCE APPOINTING A JUDGE AND ALTERNATE JUDGES OF THE MUNICIPAL COURT OF RECORD NO l OF THE 6 CITY OF NORTH RICHLAND HILLS, TEXAS AND ESTABLISHING A SALARY FOR SUCH TERM 8 WHEREAS, Section 30.00006, Texas Government Code, requires that the governing body 10 of a municipality which has created a municipal court of record appoint by ordinance the municipal judges and establish a salary which may not be 12 reduced during such te~~~~ of office; NOW THEREFORE 14 BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: 16 Section l: THAT Stewart Bass is hereby appointed Judge of the Municipal Court of 18 Record No. l for a term of two (2) years. 20 Section 2: The Judge of the Municipal Court of Record shall be paid a salary of $64,000 per year which shall not be reduced during his term of office. He shall also 22 be allowed to participate in the city's employee group health plan in the same manner as employees, although he shall not be deemed an employee and shall 24 not have any retirement or health benefits when his term of office has expire . Section 3: Glynnis McGinty and Lacy Britten are appointed to serve as Municipal Judge 28 when the Judge of the Municipal Court of Record is temporarily absent for any reason. Such judges shall be compensated by the Judge of the Municipal 30 Court of Record at the rate previously established by the city for such service by alternate judges. 32 AND IT IS SO ORDAINED. 34 Passed on the 28th day of July, 2008. 36 CITY OF NORTH RICHLAND HILLS 38 40 By: 42 ATTEST: 44 Patricia Hutson, City Secretary 46 Approved as to fo~~~~ and legality: Oscar Trevino, Mayor 50 George A. Staples, Attorney c-rY of NORTH RICHLAND H-LLS Department: City Secretary Presented by: Council Meeting Date: 7-28-2008 Agenda No. H.0 Subject: INFORMATION AND REPORTS CI T Y OF NORTH RI CHLAND HILLS Department: City Secretary Presented by: Councilman David Whitson Subject: Announcements -Councilman Whitson Announcements Council Meeting Date: 7-28-2008 Agenda No. H.1 The City of North Richland Hills conducts a test of the 10 outdoor emergency warning sirens on the 1st Wednesday of each month. The next test is scheduled for 1 p.m. on August 6th. The test will not be performed if threatening weather is near or there is low cloud cover. For more information, please call 817-427-7007. The North Richland Hills Recreation Center invites residents to its annual Rec Expo and Open House from 9 a.m. to 1 p.m. on Saturday, August 9th. Visitors will learn about the many programs and services offered at the Recreation Center. There will also be demonstrations, door prizes and discounts on fall programs. For more information, please call 817-427-6600. North Richland Hills is offering Think Green education sessions each month at the Recreation Center. The next session will focus on Green Housekeeping. It will be held from 1 to 3 p.m. on Saturday, August 9th. The cost is only $10 for adults and free for children 18 and under. To register or get more details, please call 817-427- 6600. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. David Hague & Glynn Miller, Public Works Department A resident called to express thanks to David and Glynn for coming to her aid when a she was bit by a dog. The employees pulled the dog off her, called animal control and waited with her until the dog was captured. If it wasn't for their quick actions, the situation might have been a lot worse. The resident was very appreciative of their help and kindness. Cl TY OF NORTH RICHLAND H1LLS Department: City Secretary Presented by: Council Meeting Date: 7-28-2008 Agenda No. H.2 Subject: Adjournment