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HomeMy WebLinkAboutCC 2009-04-27 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 -APRIL 27, 2009 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 27th day of April, 2009 at 5:30 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor present at 5:37 p.m. 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 present at 5:37 p.m. Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director present at 5:37 p.m. Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary Corey Fickes Attorney present at 5:37 p.m. George Staples City Attorney present at 6:15 p.m. Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Angel Bellard Utility Service Manager Greg VanNeiuwenhuize Public Works Assistant Director Craig Hulse Economic Development Director Sharon Davis Parks and Recreation Assistant Director Adrien Pekurney Recreation Center Manager Mark Mills Budget Director Eric Wilhite Chief Planner present at 5:35 p.m. Call to Order Mayor Pro Tem Turnage called the work session to order at 5:32 p.m. A.1 Discuss Items from Regular City Council Meeting City Council Minutes April 27, 2009 Page 2 There were no questions from Council. A.2 IR 2009-041 High Speed Rail Local Government Corporation Ms. Elizabeth Reining, Assistant to City Manager, advised that the City has been asked to join the South Central High Speed Rail and Transportation Authority (SCHSRTA). The authority will be in charge of developing the new federal network of high-speed rail corridors, specifically the South Central and Gulf Coast High Speed Rail Corridors. SCHSRTA evolved from the Texas High Speed Rail and Transportation Corporation, which the City joined last year in support of the Texas T-Bone High Speed Rail Corridor. The new authority will be in charge of developing the Texas T-Bone and negotiating with federal, state and private partners in regards to design, construction, operation and financing. Council was advised the authority is needed to continue to pursue federal funding for high speed rail in Texas. Also required to create the authority besides cities and other political subdivisions passing a resolution in support is SB1570, which is currently going through the Senate. Councilman Welch commented on SB 1570 and updated Council on the status of the bill. During the regular council meeting, Council took action on the resolution authorizing the City to join the corporation. Mayor Trevino was present at 5:37 p.m. and presided as Chair, Mr. Cunningham, Mr, Curtis and Mr. Fickes also present at 5:37 p.m. A.3 IR 2009-038 Update on State Legislation Mayor Trevino introduced Corey Fickes, Attorney with (TOASE) Taylor Olson Adkins Sralla & Elam, L.L.P. who was sitting in for George Staples. Mr. Staples had a previous appointment but would be joining the meeting later. Karen Bostic, Assistant City Manager updated Council on various bills being tracked by the City during the 81St legislative session. Ms. Bostic highlighted the status of the following bills: • HB 9 & SB 855 -Transportation Funding (TLOTA) • HB 2639 -Red Light Camera Prohibition • HB 5 & SB 544 -Statewide Smoking Ban • HB 980 & HB 1376 -Sales Tax Allocation Changes (Place of Business) • HB 3222 & SB 1947 -Joint TIFs • SB 700 -Rollback Rate Changes (Property Taxes) • SB 792 & HB 2879 -Sales Tax -Special Districts A.4 IR 2009-034 Status Report on Financial Conditions City Council Minutes April 27, 2009 Page 3 Mr. Larry Cunningham, City Manager, reported to the Council on the financial impact to the City as a result of the economic downturn. Mr. Cunningham presented data for the region and City on unemployment, bankruptcy filings, residential foreclosures and home values. Council was advised of the impact on sales tax revenues, licenses and permits, charges for services and investment income and the projected impact for the remainder of the year. Council was advised the City has responded to the reduction in revenues with the implementation of the first phase of the City's Budget Contingency Plan. Mr. Cunningham reviewed the actions taken during the first phase of the plan and the remaining additional steps if revenue shortfalls continue. Council was advised that the General Fund, Parks Development Fund and Crime Control Fund were most impacted. Mr. Cunningham discussed future considerations as the 2009/2010 budget is being developed. Mr. Cunningham also discussed with the Council new opportunities for the City that will result from the expansion of Loop 820, TOD planning initiatives, the new Recreation Center, new street projects set for construction, and new business developments. A.5 IR 2009-037 Update on Loop 820 Corridor Study Objectives Mr. John Pitstick, Director of Planning, provided an update to the Council on the Loop 820 Corridor Plan. The Council recently listed as three of the highest city-wide objectives in their updated goals the implementation of the Loop 820 Study Objectives, coordinate Loop 820 expansion and encourage maximization of real estate. Mr. Pitstick briefly highlighted the background history of the Loop 820 study and reported on the status of the Loop 820 action items. Council was advised that the Category 1 action items have been completed, Category 2 items are not complete and require TxDOT coordination and the Category 3 items are not completed and require staff action. Mr. Pitstick presented the following Category 2 items with 2 new items and asked if Council was in agreement with staff proceeding with the major objectives of the Loop 820 Corridor Access Plan and with adding two new action items. • Concurrence on Corridor Access Plan • Alternative routing during Loop 820 construction • Iron Horse bridge design • Holiday Lane underpass design • Extension of Cottonbelt Trail over Iron Horse bridge • Double tracking rail line over Loop 820 • Realignment of Maplewood at Loop 820 • Pursuing park and ride lot from Richland Hills Church of Christ rather than Davis flyover (new action item) • Realignment of Bedford Euless off ramp (new action item) Council concurred with the major objectives of the Loop 820 Corridor Access Plan and the addition of the two new items. City Council Minutes April 27, 2009 Page 4 Mr. Pitstick presented the following Category 3 items and asked if Council was in agreement with proceeding with the original action items of the Loop 820 Corridor Image and District Plans. • Update Comprehensive Plan and Thoroughfare Plan to reflect Iron Horse TOD Plans • Establishing minimum acres for platting and converting properties to new land uses along Loop 820 • Development of landscaping guidelines including planter walls for Loop 820 frontage • Development of wayfinding signs for Loop 820 Districts. Council concurred with proceeding with the original action items of the Loop 820 Corridor Image and District Plans. George Staples present at 6:15 p.m. 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 551.072, Texas Government Code to deliberate the purchase of real property at: 5100 Cummings Dr. B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney on Litigation - Friend vs. NRH B.3 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney on Litigation: Hometown Urban Partners, Ltd. vs. City of North Richland Hills B.4 Executive Session; Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange or value of real property for municipal use - Central Sector of City Mayor Trevino announced at 6:19 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of the following sections of the Texas Government Code: Section 551.072 to deliberate the purchase of real property at 5100 Cummings Drive; Section 551.071 for consultation with Attorney on litigation on Friend vs. NRH and Hometown Urban Partners, Ltd. vs NRH; and Section 551.072 to deliberate the purchase, exchange or value of real property for municipal use in the central sector of the City. City Council Minutes April 27, 2009 Page 5 C.0 Adjournment Mayor Trevino announced at 6:55 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order April 27, 2009 at 7:02 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Tim Welch Staff: Larry J. Cunningham Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mayor Mayor Pro Tem, Council Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Mayor Pro Tem Turnage gave the invocation. City Council Minutes April 27, 2009 Page 6 A.2 PLEDGE OF ALLEGIANCE Mayor Pro Tem Turnage led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) - PROCLAMATION SUPPORTING THE 2010 CENSUS PRESENTED BY COUNCILMAN WELCH Councilman Welch presented a proclamation supporting the 2010 Census to Madeline Kelley and Jerome Garza, Partnership Specialists with the U.S. Census Bureau. A.4 SPECIAL PRESENTATION(S) AND RECOGNITIONS) YARD OF THE MONTH AWARDS PRESENTED BY COUNCILWOMAN COMPTON Diane Spradling, Keep NRH Beautiful Commission Member and Councilwoman Compton recognized the following yard of the month recipients for April: Jim & Laura Penn, 3904 Diamond Loch West; Wylma J. Hooker, 6700 Mike; Jean Walker, 6624 Pleasant Ridge; Ed Streater, 7313 Whitfield Ct.; Mario & Bonita Sanchez, 7901 Irish Drive; Wilma Byrd, 7521 Sean Drive; Victor & Bonnie Jury, 8308 Thistle Court; Tim & Sharon Schorn, 7837 Miracle Lane; John & Kathy Kerr, 8604 Twisted Oaks Way. Top Cut Lawn and Landscape Services, Inc., 6405 Smithfield Road, was recognized as the April Business Landscape Winner. A.5 CITIZENS PRESENTATION None. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED City Council Minutes April 27, 2009 Page 7 B.1 APPROVAL OF MINUTES OF APRIL 13, 2009 CITY COUNCIL MEETING B.2 PW 2009-011 AWARD A PROFESSIONAL SERVICES AGREEMENT TO GOODRICH, SCHECHTER & ASSOCIATES, LLC IN AN AMOUNT NOT TO EXCEED $78,400 FOR RIGHT-OF-WAY APPRAISAL SERVICES FOR THE SHADY GROVE ROAD, DOUGLAS LANE AND NORTH TARRANT PARKWAY PROJECTS B.3 PU 2009-011 AWARD BID NO. 09-014 TOPSOIL, SAND AND FLEXBASE MATERIAL TO MULTIPLE VENDORS. MAYOR PRO TEM TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-tl. PUBLIC HEARINGS C.1 GN 2009-022 PUBLIC HEARING AND CONSIDERATION OF ORDINANCE READOPTING YOUTH PROGRAMS STANDARDS OF CARE - ORDINANCE NO. 3048 APPROVED Mayor Trevino opened the public hearing and called for Adrien Pekurney to come forward. Adrien Pekurney, Recreation Center Manager presented the item. The item is to consider approval of an ordinance readopting the North Richland Hills Youth Programs Standards of Care. Because the Parks Department offers day camp programs for children ages five to thirteen, the City must meet day care licensing requirements or file for an exemption of the Child Care Standards and Regulations. To receive exempt status, municipalities must submit a copy of program standards, a notice of a public hearing for the program and a copy of the ordinance adopting the standards. The Park and Recreation Department's day camp program meets and in some areas exceeds many of the standards listed in the state's Child Care Standards and Regulations. All of the Standards of Care in the Parks Department's day camp policies and procedures have been in place for several years and are used in the staff training process prior to camp starting each year. The exemption application and formal adoption of the Youth Programs Standards of Care and ordinance is an annual requirement. Staff recommends approval of the ordinance following the public hearing and public input. City Council Minutes April 27, 2009 Page 8 Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILWOMAN COMPTON MOVED TO APPROVE ORDINANCE NO. 3048; GN 2009-022. COUNCILMAN WHITSON SEGONDED THE MOTION, MOTION TO APPROVE CARRIED 7-0. C.2 SUP 2008-07 PUBLIC HEARING AND CONSIDERATION OF AN APPEAL OF DENIAL BY THE PLANNING AND ZONING COMMISSION OF A REQUEST FROM HOMETOWN URBAN PARTNERS, LTD. FOR A SPECIAL USE PERMIT FOR MULTIFAMILY DWELLING UNITS ON A 30 ACRE (+/-) PARCEL (TRACT 1) CONSISTING OF TRACTS 4B AND 4B1 IN THE D.C. MANNING SURVEY, TRACT 5B IN THE WALKER SURVEY (A-1653), AND PORTIONS OF TRACTS 1A6, 1G, AND 7 IN THE WALKER SURVEY (A-1652) GENERALLY LOCATED SOUTHWEST OF THE INTERSECTION OF COURTENAY STREET AND PARKER BOULEVARD DENIED PLANNING & ZONING COMMISSION RECOMMENDATION UPHELD) Mayor Trevino announced that the City received a request from the applicant for items C.2, C.3 and C.4 to be postponed until June 8, 2009. Mayor Trevino asked Council if they wanted to postpone the SUP's. Each Councilmember was against the postponement and asked the Mayor to move forward with hearing the SUP's. Mayor Trevino announced that the following three items were interrelated and he opened the three public hearings for items C.2 (SUP 2008-07), C.3 (SUP 2008-09) and C.4 (SUP 2009-01) and called for the applicant to come forward. Dan Quinto, 602 Northwood Trail, in Southlake representing the applicant came forward. Mr. Quinto advised because he felt the three items (C.2, C.3 and C.4) were interrelated, the PowerPoint presentation he was presenting combined the three requests for Special Use permits. Mr. Quinto gave an overview of the proposed project, addressed the issues in the Staff Report, the common goal to build a vibrant and well developed town center and what the applicant views as obstacles to achieving the goal, tools needed to achieve the goal and compared the Woodhaven development to other projects such as Montgomery Farm, and Firewheel and Legacy Town Square. Mr. Quinto compared the original master plan with the proposed master plan and the proposed Thoroughfare Plan with the approved Throughfare Plan. Mr. Quinto advised in Building 3A the strategy would be to install live/workunits on ground floors with some spaces having businesses, some a combination of business/residential and other City Council Minutes April 27, 2009 Page 9 spaces residential to be regulated by deed restrictions and guidelines. He requested the flexibility to interchange building types allowing commercial or residential on the first floor. He was available to answer any questions the Council might have. Eric Wilhite, Chief Planner, presented the case summaries. Items C.2 and C.3 are requests for a Special Use Permit to allow the construction of up to 1,350 multifamily units and a minimum of 25,000 square feet of first floor commercial space in Venue Phase II. Venue Phase II is located on two separate tracts of land (Tracts 1 and 2). Tract 1 includes 30 acres with proposals for 950 multi-family units with a minimum of 25,000 square feet of first floor commercial uses. Tract 2 includes 16 acres with proposals for 400 multi-family units with no minimum commercial uses. Mr. Wilhite reviewed and discussed the building types on the approved Master Plan. Item C.4 (SUP 2009-01) is a request for a Special Use Permit to convert first floor commercial spaces to a flexible occupancy allowing either commercial ormulti-family residential use on ground floor levels. The two buildings being requested for conversion are 6040 Parker Boulevard and 6041 Walker Boulevard, typically identified as Buildings 3A and 3B. Mr. Wilhite reviewed the existing site plan and an exhibit of the proposed Building Plan for Building 3B showing possible unit layouts. The Planning and Zoning Commission recommended denial of SUP 2008-07, SUP 2008-09 and SUP 2009-01. Mike Curtis, Managing Director presented a PowerPoint presentation on staff review of the SUP requests. Staff is not in support of the requests. Reasons Whv Staff Does Not Support the Requests: 1. Does not comply with SUP Ordinance 2. Does not comply with the Regulating Plan 3. Is not consistent with the approved Venue Plan Incomplete Special Use Permit submittal The proposed SUP submittal is incomplete for the following reasons and Staff cannot support the proposed flexibility of this submittal. • Specific building elevations not included • Site Plan does not provide the information required by the ordinance • Flexibility for interchanging building types • Flexibility for changing land uses • Flexibility for providing park and open space amenities • Flexibility for removing streets and access points • Traffic Impact Analysis not provided for proposed Grand/Courtenay/Parker intersection treatment • Carport locations and elevations not provided • Details or examples of typical structured parking decks not provided • Delineation of neighborhood districts not provided on site plan Non conformance with Home Town Regulating Plan City Council Minutes April 27, 2009 Page 10 This request does not conform to the existing Home Town Regulating Plan or Thoroughfare Plan and any significant changes to these plans would require a Regulating Plan amendment to be approved by City Council prior to a Special Use Permit request. • Modified street sections are identified that do not conform to Town Center regulations and/or Thoroughfare Plan. • Boundaries of the Neighborhood Core, Neighborhood Center and Neighborhood General are not shown on plans. • Proposed buildings in the Neighborhood Core area do not conform to the concept plans originally approved as part of the Town Center ordinance which show significant commercial structures that create a new downtown for the community. Venue II SUP submittal does not follow the original Master Development Plan (very little support for new urban commercial downtown). The Venue II SUP request indicates building development that is clearly different than was originally presented as the Core area. The new plan shows a significant increase in multi-family residential units and limited commercial and office development. The current submittal gives little support for a vibrant downtown area as originally presented to the public and approved. Mr. Curtis advised that Exhibit E of Ordinance No. 2360 approved by City Council to help illustrate the Master Plan for Home Town is not consistent with what is being presented today and presented illustrations showing the inconsistencies. RECESS AND BACK TO ORDER Mayor Trevino recessed the meeting at 8:38 p.m. and called the meeting back to order at 8:47 p.m. with all members present as recorded. Mayor Trevino announced that Councilman Barth had requested for the time limit of 3 minutes per speaker during public input be waived for items C.2, C.3 and C.4 and all of Council was in agreement. Mayor Trevino called for anyone wishing to speak in favor of the requests to come forward. There being no one wishing to speak in favor of the requests. Mayor Trevino called for anyone wishing to speak against the requests to come forward. Mayor Pro Tem Turnage advised that the following citizens did not wish to speak but wanted to go on record as being in opposition to the Special Use Permit requests (SUP 2008-07, SUP 2008-09, and SUP 2009-01). Steve Gentry, 8588 Hudson Street Jeff and Lisa Martin, 8509 Newman Drive Tammy Woodman, 6213 Winter Park Drive City Council Minutes April 27, 2009 Page 11 William Livesey, 8609 Passionvine Street Talmadge N. and Jaylon Buie, 8621 Nichols Way Carolyn Pittman, 6032 Frost Street Garry Stoddill, 6263 Sherbert Drive Cheryl Spencer, 6024 Frost Street Dallas and JoAnne Holmes, 6028 Frost Street Jeff and Kristi Reneay, 8613 Summer Tree Lane John and Cindy Martin, 6062 Lake Way Meadows Malta E. Akins, 8600 Beetle Nut Lane Bill Hunt, 8613 Beetle Nut Lane Sara Draper, 5817 Arbor Road Karla Gentry, 8533 Hudson Street John Hoffmann, 5800 Arbor Road Don and Carol Walker, 8629 Olmstead Terrace Freddie Hill, 8636 Nichols Way Linda Dollar 8604 Nichols Way Warren Kneis, 6216 Lake Way The following individuals spoke in opposition to the SUP requests citing concerns with too many apartments in the City, increase in traffic and crime from the proposed development, depreciation of home values, and inconsistency with the vision the developer presented to the homebuyers. Jane Birkes, 5809 Lake Way presented a PowerPoint presentation M.N. (Dan) Heth, 8604 Passion Vine Street William (Bill) and Suzanne Livesey, 5950 Lake Way Meadows Sam V. Akins, 8600 Beetle Nut Lane Dianne Spradling, 8609 Lantana Drive Cary M. Schroeder, 8081 Coladian Ron Zodin, 8116 Bridge Street Carolyn Curtis, 6249 Winter Park Drive Brad Marling, 8613 Olmstead Terrace Mayor Trevino closed the public hearings and called for the motion for SUP 2008-07. COUNCILMAN EARTH MOVED TO UPHOLD THE RULING OF THE PLANNING AND ZONING 4OMMISSION. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-Q. C.3 City Council Minutes April 27, 2009 Page 12 SUP 2008-09 PUBLIC HEARING AND CONSIDERATION OF AN APPEAL OF DENIAL BY THE PLANNING AND ZONING COMMISSION OF A REQUEST FROM REALTY CAPITAL CORPORATION FOR A SPECIAL USE PERMIT FOR MULTIFAMILY DWELLING UNITS ON A 16 ACRE (+/-) PARCEL (TRACT 2) CONSISTING OF PORTIONS OF TRACTS 1 AND 1A IN THE WALKER SURVEY (Ar 1652) GENERALLY LOCATED SOUTH OF THE INTERSECTION OF PARKER BOULEVARD AND BRIDGE STREET DENIED (PLANNING & ZONING COMMISSION RECOMMENDATION UPHELD) This item was related to the previous item C.2 and the public hearing was opened and discussed in item C.2. Mayor Trevino called for the motion for SUP 2008-09. COUNCILMAN SAPP MOVED TO UPHOLD THE RULING OF THE PLANNING AND ZONING COMMISSION. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. C.4 SUP 2009-01 PUBLIC HEARING AND CONSIDERATION OF AN APPEAL OF DENIAL BY THE PLANNING AND ZONING COMMISSION OF A REQUEST FROM THE VENUE AT HOMETOWN, LTD. FOR A SPECIAL USE PERMIT FOR THE CONVERSION OF CERTAIN COMMERCIAL UNITS TO MULTIFAMILY DWELLING UNITS AT THE VENUE AT HOMETOWN LOCATED AT 6040 PARKER AND 6041 WALKER BOULEVARD DENIED (PLANNING & ZONING COMMISSION RECOMMENDATION UPHELD) This item was related to the previous two items C.2 and C.3 and the public hearing was opened and discussed in item C.2. Mayor Trevino called for the motion for SUP 2009-01. COUNCILMAN WELCH MOVED TO UPHOLD THE RULING OF THE PLANNING AND ZONING COMMISSION. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-~. PLANNING & DEVELOPMENT City Council Minutes April 27, 2009 Page 13 D.0 Items to follow do not require a public hearing There are no items for this category. PUBLIC WORKS E.0 There are no items for this category. GENERAL ITEMS F.1 PU 2009-018 AWARD BID 09-019 FOR ULTRAVIOLET DISINFECTION SYSTEMS TO SUNBELT POOLS, INC. IN THE AMOUNT OF $125,002 AND REVISE NRH2O'S CAPITAL IMPROVEMENT BUDGET APPROVED Chris Swartz, NRH2O Park Manager presented the item. Item is to consider the award of bid for the ultraviolet disinfection systems at the NRH2O Water Park. Notice of the City's intent to bid was advertised in the local newspaper as required by State Statute and posted on the City's website and proposals were received from four firms. Sunbelt Pool, located in Dallas, Texas, is recommended as the selected vendor based on cost and specified product in the amount of $125,002. COUNCILMAN WHITSON MOVED TO APPROVE PU 2009-018.. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2009-023 APPROVAL OF IDENTITY THEFT PREVENTION PROGRAM - RESOLUTION NO. 2009-014 APPROVED Angel Bellard, Utility Service Manager presented the item. The City of North Richland Hills is required to adopt a policy preventing identity theft in order to comply with a recent amendment to the Fair and Accurate Credit Transactions Act of 2003 ("FACTA"). By approving Resolution No. 2009-014, the City of North Richland Hills will have a written Identity Theft Prevention Program in place which meets the requirement of the FACTA Red Flags Ruling. All the City's accounts that are individual utility service City Council Minutes April 27, 2009 Page 14 accounts held by customers of the utility whether residential, commercial, or industrial are covered by the rule. A committee comprised of representatives from each area of Utility Customer Service will review the Program in October of each year and recommend any changes which may occur as a result of changes in operating procedures. COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION NO. 2009-014. COUNCILMAN WHITSON SECONDED THE MOTION,. MOTION TO APPROVE CARRIED 7-0, F.3 GN 2009-024 APPROVING RESOLUTION 2009-015 ALLOWING PARTICIPATION IN A LOCAL GOVERNMENT CORPORATION FOR HIGH SPEED RAL APPROVED Elizabeth Reining, Assistant to the City Manager summarized the item. The City of North Richland Hills has been asked to join the South Central High Speed Rail and Transportation Authority (SCHSRTA). This authority would be in charge of developing the Texas T-Bone High-Speed Rail Corridor and the South Central and Gulf Coast Federal Designated Corridors. The South Central and Gulf Coast Federal Corridors are part of a nationwide system that were developed about eight years ago. The Texas T- Bone is expected to be added into the system. This authority would have the same power as various transit agencies and airports owned and operated by Texas cities and counties. The authority could apply for federal and state funds, construct and then control the rail line. Members of the association, including the City of North Richland Hills, would have a seat on the board and thus could control the authority. The authority evolved from the Texas High Speed Rail and Transportation Corporation (THSRTC), the non-profit group the City joined last year in support of high speed rail. The THSRTC will continue to function in an advocacy role to advance the goals and objectives of SCHSRTA . Staff is recommending approval of Resolution No. 2009-015. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO, 2009-015; GN 2009-024 FOR THE PARTICIPATION OF LOCAL GOVERNMENT CORPORATION. COUNCILMAN BARTH SECONDED THE MOTION, MOTION TO APPROVE CARRIED 7-O. EXECUTIVE SESSION ITEMS City Council Minutes April 27, 2009 Page 15 G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA B.1 DELIBERATE THE PURCHASE OF REAL PROPERTY AT: 5100 CUMMINGS DR. APPROVED Karen Bostic, Managing Director, presented the item. The property owner of 5100 Cummings Drive has approached the City with interest to sell the property to the City. MAYOR PRO TEM TURNAGE MOPED TO APPROVE THE PURGHASE OF 51.00 CUMMINGS DRIVE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRAGT WITH THE OWNER FOR THE PURCHASE OF THE PROPERTY. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0, INFORMATION AND REPORTS H.1 IR 2009-040 REPORT ON UPCOMING ONCOR TREE TRIMMING PROJECT Suzan Greene from Oncor presented a PowerPoint presentation and updated Council on Oncor's upcoming Tree Trimming Initiative and how it would impact the City. H.2 ANNOUNCEMENTS Councilman Lewis made the following announcements. The Sounds of Spring Concert Series continues every Friday night through May 8t" at NRH2O. Gates open at 6 p.m. and the concerts begin at 7 p.m. Admission is FREE. Remember to bring blankets and lawn chairs. For more information, call 817-427-6600 or visit www.soundsnrh.com. Dogs and their owners are invited to Fido Fest from 10 a.m. to 1 p.m. on Saturday, May 2"d at Tipps Canine Hollow Dog Park located at 7804 Davis Boulevard. This special event is being hosted by the Tipps Canine Hollow Parks Pals. There will be entertainment, pet contests, face painting, vendor booths and more. Donations will be accepted for future park improvements. For more details, log onto www.tippscaninehollow.org or call 817-514-0404. City Council Minutes April 27, 2009 Page 16 The City invites you to be a part of the planning process for the new NRH recreation center. This project is in the early stages of planning and officials are seeking input from the public on recreation uses and development priorities. Public input meetings are scheduled from 6:30 p.m. to 8 p.m. on May 5t" and May 26t" in the City Council Chambers. Citizens who are interested in this process, or would like to learn more about the project, are encouraged to attend. For more information visit the City's web site at www.nrhtx.com or call 817-427-6620. Kudos Korner -Wesley Millsap, Chuck James, Clint Choate, and Ron Hernandez, Public Works Department - A resident called to commend this crew for their performance repairing an overnight water leak in front of his home. He stated that the crew members where very polite and professional in communicating the process of the leak repair and did a great job restoring water service and cleaning up by morning. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 9:46 p. ATTEST: ~,~~~~umum~a~i f icy H uts ~ z~~ ~ r ~t r ~r o ; ~ r c" 4Y~_ ity Secretary Oscar Trevino -Mayo