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Home My WebLink AboutCC 2010-06-28 Agendas CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, June 28, 2010 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 NTE Subcommittee Updates (40 Minutes) A.3 BIG Program Update & Proposed Program Enhancements (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 Texas Government Code for Consultation with Attorney regarding Pending Litigation - Graham Associates, Inc. vs. City of North Richland Hills (153- 245913 -10) B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09) C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on June 25, 2010 at a.m. r A•.sist City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda — June 28, 2010 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, June 28, 2010 7:00 P.M. Hard 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: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Barth A.2 Pledge - Councilman Barth A.3 Special Presentation(s) and Recognition(s) - Presentation of the Keep Texas Governor's Community Achievement Award A.4 Special Presentation(s) and Recognition(s) - Certificate of Achievement for Economic Excellence A.5 Special Presentation(s) and Recognition(s) - Proclamation Recognizing Jay Bruner as Recipient of the 2010 Community Builder Award for Smithfield Masonic Lodge #455 presented by Mayor Pro Tem Sapp A.6 Special Presentation(s) and Recognition(s) - Proclamation for National Recreation and Parks Month presented by Councilman Lombard A.7 Special Presentation(s) and Recognition(s) - Presentation of the Yard of the Month Awards for June presented by Councilman Turnage A.8 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 NRH City Council Agenda — June 28, 2010 Page 2 of 4 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.9 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of June 14, 2010 City Council Meeting 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 No items for this category. F.0 GENERAL ITEMS F.1 PU 2010 -014 Award Bid to A & M Construction in the amount of $133,000 for the Rehabilitation of the Johnson Ground Storage Water Tank F.2 GN 2010 -047 Amend Section 14 -104 of the North Richland Hills Code of Ordinances to designate a Local Rabies Control Authority (LRCA) - Ordinance No. 3097 F.3 GN 2010 -049 FY 2011 Solid Waste Implementation Project Application for Multi - Family Recycling Pilot Grant Funding — Resolution No. 2010 -024 F.4 GN 2010 -041 Appointments to Animal Control Shelter Advisory Board - Places 2 and 4 F.5 GN 2010 -046 Appointments to the Construction Code Board of Appeals F.6 GN 2010 -050 Appointment of Municipal Judge and Alternate Judges and Establish Salary - Ordinance No. 3098 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda NRH City Council Agenda — June 28, 2010 Page 3 of 4 H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Lewis 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 ills, Texas in compliance, with Chapter 551, Texas Government Code on June 25, 2010 at a.m. • l � l '.. C S ist. nt C ity Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda — June 28, 2010 Page 4of4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, June 28, 2010 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 NTE Subcommittee Updates (40 Minutes) A.3 BIG Program Update & Proposed Program Enhancements (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 Texas Government Code for Consultation with Attorney regarding Pending Litigation -Graham Associates, Inc. vs. City of North Richland Hills (153-245913-10) B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners Ltd vs City of North Richland Hills (No. 096-236530-09); 2) Arcadia Land Partners 25 Ltd et al vs. City of North Richland Hills (No. 067-241297-09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213-09) C.0 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-28-2010 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 6-28-2010 Agenda No. A.2 Subject: NTE Subcommittee Updates (40 Minutes) Summary/Overview: The Texas Department of Transportation, through a Comprehensive Development Agreement (CDA) for the North Tarrant Express Project, is working with City and County staff representatives to receive input from local governments about several aspects of the North Tarrant Express Project. The technical subcommittees include Traffic Management, Utility Relocation and Aesthetics. All three of the subcommittees have begun evaluating their particular areas of interest. The purpose of this Work Session item is to update Council on each of the subcommittees. Staff does need direction from Council on one issue pertaining to the Utility Relocation subcommittee which will be outlined below. Traffic Management Subcommittee: The purpose of this subcommittee is to keep two way communication open between North Tarrant Express Mobility Partners (NTEMP) and the affected cities regarding the location of on-going construction, what this means to traffic in the corridor and if bypass routes will be necessary. The City of North Richland Hills has representatives on this subcommittee from the Fire Department, Police Department, Economic Development Department and Public Works Department. The Traffic Management Subcommittee has met twice to date. At the most recent meeting NTEMP highlighted the following items: • NTEMP is still in the process of acquiring ROW • The geotechnical testing has begun (you probably have seen the soil drilling trucks on the side of the highway) • Initial road-type construction is estimated to begin in September/October of this year. o This construction will first begin at three interchanges: ^ I-35W & Loop 820 Interchange ^ Loop 820/SH 121/SH 183 Interchange ^ SH 121/SH 183 Interchange o The next location to begin construction will be in a median area, though the specific area has not been determined. A corridor where ROW has been acquired on both sides and affected utilities have been relocated will be the first median area to undergo construction. The work done in the medians will most likely be for the proposed managed lanes. City staff has provided NTEMP with dates to avoid routing traffic through North Richland Hills' arterial and collector streets. These dates include the time periods around Night of Holiday Magic for Boulevard 26, Veterans Day for Holiday Lane, etc. Additionally, staff has provided NTEMP with the estimated construction time periods for the future construction of Rufe Snow Drive and the intersection improvements to Mid-Cities Boulevard & Davis Boulevard, as the construction of these projects will impact potential bypass routes. It is anticipated that the Traffic Management Subcommittee will meet regularly and that at each meeting NTEMP will make the subcommittee aware of anticipated construction, bypass routes and potential closures in terms of 90 days out, 60 days out and 30 days out. By contract, NTEMP is limited to the number of lanes that can be closed and corresponding time periods that such lanes can be closed. Below is a table indicating when lanes are required by contract to remain open and when it is allowed to close lanes. Lanes Peak Off Peak Night Mon -Fri Mon -Fri Mon -Fri 5AM - 9AM 9AM - 3PM 9PM - 5AM Available 3PM - 9PM Each Direction Sat -Sun Sat -Sun 10AM - 9PM 9PM - 10AM 5 0 1 2 4 0 1 2 3 0 0 1 2 0 0 1 As an incentive to remain within the allowed limit, there are severe hourly rates for each exceeding lane closure $20,000 to $75,000 per hour depending upon the peak period Utility Relocation Subcommittee: The purpose of this subcommittee is to coordinate the relocation of the various utilities with each of the utility owners. As Council is aware the City owns the water and sanitary sewer lines located within the City. Since Loop 820 is a federal highway, 100% of the cost to relocate the utilities along Loop 820 will be reimbursed back to the City. The City does have a small section of its city limits adjacent to SH 121/183. These are state highways and only 50% of the costs to relocate utilities along this section will be reimbursed. The City of North Richland Hills has representatives on this subcommittee from the Public Works Department. Some activities pertaining to utility relocations that are currently taking place include: • Updating the existing sub surface utility evaluation (SUE) to determine the overall inventory • Verifying owner information • Developing the Utility Adjustment Concept Plan, which is a general alignment plan of all utilities to be relocated • Conducting individual utility owner meetings • Working to get Master Utility Adjustment Agreements executed with all utility owners Staff needs direction from Council on Master Utility Adjustment Agreements. There are two types of Master Utility Adjustment Agreements (MUAA), one is the Developer Managed MUAA and the other is the C.~L Managed MUAA. Staff would like to get direction from Council indicating which type of MUAA the City should utilize. The Developer Managed MUAA requires the developer (NTEMP) to manage the utility relocations for the utility owner. The developer would utilize its engineers for the design and its contractors for the construction of the utilities. This would provide the developer with the maximum control of the schedule. The developer would also seek all reimbursements from the Federal Highway Administration for the design and construction of the utility relocation. This means that utilizing this type of MUAA would allow the City to have the utilities relocated and built according to City standards (since the designs would need to be approved by the City), while eliminating the City's upfront design and construction costs and the City needing to seek reimbursement. The developer would pay all costs and seek the reimbursements. The City Managed MUAA requires the City to manage the utility relocations. The advantage to the City with this type of MUAA is it would give the City full control in who designed and constructed the relocations. This type of MUAA might be preferable if the majority of the work was not 100% reimbursable. But the City will only have to pay 50% of costs for a very small section adjacent to SH 121/183 and the City would have design and inspection oversight in a Developer Managed MUAA as well. So the benefit of the City Managed MUAA may not be great. However Council may prefer this type in order to have maximum control in who performs the design and construction. Staff needs direction from Council in which type of MUAA to bring back in the future for execution, the Developer Managed MUAA or the City Managed MUAA. Aesthetics Subcommittee: The purpose of the Aesthetics subcommittee is to select which aesthetic features to include in the North Tarrant Express project from 135W to the SH 121/183 interchange. The subcommittee was told in the beginning what the aesthetics budget was for the project and was informed that the corridor had to be consistent throughout. The majority vote of the subcommittee would determine which aesthetic features were selected. The Aesthetics Subcommittee consists of representatives from Fort Worth, North Richland Hills, Hurst, Haltom City, Euless, Bedford, DFW Airport and Tarrant County. The City's representatives for this subcommittee are comprised of the Parks and Recreation, Planning & Inspections and the Public Works Departments. TxDOT designated $11.5 million for aesthetic treatments over and above the baseline, defined in the CDA, for the entire corridor between 135W and the Highway 121/183 interchange. The baseline treatments approved in the CDA are below TxDOT's standards for its most recent highway projects in the area. The treatments are very basic and generally consist of smooth concrete without texture or color, sloped rip-rap in many areas in lieu of vertical walls and no decorative rails, signs, light poles or hardscape. Starting at such basic baseline means the $11.5 million will not provide much more than what TxDOT has recently constructed. The subcommittee had several meetings and identified aesthetic treatments which were integral to the structure (such as bridge column design) as well as applied treatments (such as textures, staining, decorative lighting and railings) to be funded within the $11.5 million available. TxDOT solicited votes for the following proposed aesthetic treatments: Enhanced overhead and cantilever sign columns Bridge superstructure stained (up to two colors) Caps stained City name painted at underpass Shallow texture on frontage road facing retaining walls Color on frontage road facing retaining walls Color on freeway facing retaining walls Pilasters every 50' on walls Noise Walls (1 side texture and color) Noise Walls (2"d side color) Staining on all bridge columns Hardscape Decorative fence on crossing bridges Crossing bridge lighting Black/Green powder-coated decorative crossing bridges lighting Black/Green powder-coated decorative traffic lights Illuminated Street Name Signs Landscape The challenge was getting a unanimous decision from the eight different entities on the subcommittee. Some cities have more bridge overpasses and some have more underpasses. Therefore some wanted to place most of the funding in the top of the bridge and some wanted a significant amount at the street level under the bridge. Some of the aesthetic features could be included later by the individual cities that wanted it, such as landscaping, yet some of the features were required by TxDOT to be part of the project. Then there were some cities that indicated that they did not want to spend any city funding in the future so they wanted features that would provide the maximum benefit to their city immediately, such as landscaping. Getting the cities to take a "regional" approach was challenging. It was clear by many of the comments made during the subcommittee meetings that most of the cities were not taking a "regional" approach. The North Richland Hills' representatives took the position that we wanted to maximize the funding on the corridor in those areas that would have the most benefit to the corridor and NRH. North Richland Hills representatives viewed the improvements as an opportunity to "market" the area to motorists traveling to or through the area. North Richland Hills recommended including the use of square columns in lieu of round columns on bridge structures rather than voting entirely on options which could be funded by each community as they desired. The other committee members disagreed, so the option for using square columns was not voted upon. North Richland Hills urged the committee to vote to include the enhanced overhead and cantilever sign columns since it would have an impact on the entire corridor; however the vote did not pass. North Richland Hills requested TxDOT to allow the enhanced overhead and cantilever sign columns to be a local option which could be funded by each city as they desired. TxDOT responded by stating that all of the cities must agree to enhance the signs. They would not allow one city to have enhanced signs while another did not. Each of the elements was voted on and the table on the next page indicates those elements selected and the approximate cost for the element. The cost estimates are in millions ($). CONCEPT ESTIMATE AESTHETIC ELEMENTS Estimated Range VOTED IN ELEMENTS Hardscape 0.8 - 1.0 Stained Railing on Ramps to Crossing Bridges 0.03 - 0.04 Terms Classic Rail on crossing bridges 0.63 - 0.63 Decorative Fence on Select Crossing Bridges 0.1 - 0.2 Black/green powder-coated decorative Traffic Lights 1.3 - 16 Crossing Bridges Lighting 0.6 - 0.7 Black/green powder-coated decorative Crossing Bridges Lighting 0.4 - 0.5 Iluminated Street Name Signs 0.09 - 0.11 City name (painted) at underpasses 0.01 - 0.01 Bridge Superstructure Stained (up to 2 colors) 1.1 - 1.3 Caps Stained 0.5 - 0.7 Stainirigthecolumnswithoutformliner 0.6 - 0.8 Retaining Walls (Shallow Finish; viewed from frontage roads/crossing streets) 1.9 - 1.9 Retaining Walls Stained (viewed from frontage roads/crossing streets) 0.8 - 1.0 Retaining Walls Stained (viewed from mainlanes) 0.2 - 0.2 Pilasters in retainingwalls faring frontage road or a~ossings (every 100') 0.5 - 0.9 Noise Walls (1 side formliner) 0.14 - 0.20 Noise Walls Stained both sides 0.12 - 0.15 9.9 - 11.8 Conclusion: The majority of this item was simply an update to Council. However, Staff is requesting direction in one area pertaining to the Utility Relocation Subcommittee. Would Council prefer to utilize the Developer Managed MUAA or the C~ Managed MUAA? All project related information can be found at the following website: www. northtarrantexpress. com. CITY OF NORTH RICHLAND HILLS Department: Economic Development Presented by: Craig Hulse Council Meeting Date: 6-28-2010 Agenda No. A.3 BIG Program Update & Proposed Program Enhancements (10 Minutes) Summary The Business Improvement and Growth (BIG) Program has now been active for over 18 months. Not only has BIG positively impacted numerous commercial properties and businesses, staff has been able to develop a level of wisdom and perspective on implementing facade improvement grants. Based upon these 18 months of experience, staff would like to seek Council feedback on proposed enhancements to the program. Background Per the Council Gas Fund Policy, and in support of City Council's goal of Quality Community Development and Revitalization, BIG aims to enhance mature commercial corridors by utilizing reserves to encourage private commercial re-investment. Over the past 18 months, the BIG program has offered financial assistance to 10 businesses in the amount of $68,666. Although the program is a dollar for dollar match, this investment has harvested a 3 to 1 return on investment, with over $200,000 in facade improvements. While the overall strategy and foundation of the program is successful, 18 months has allowed staff to evaluate certain elements that, if modified, would enhance the overall efficiency and effectiveness of the program. The suggested modifications are listed below in comparison to the current program features. Facade Match Rate Grant Maximum Minimum Project Cost Approval Committee(s) Current 50% 25% $10,000 $20,000 No Minimum $20,000 DRC Only DRC+BIG Review Committee Proposed Rationale Match rate reduction will create additional mileage for the limited pool of grant funds • Increase in grant maximum will enhance the program's value proposition toward eligible businesses • Minimum project cost will force applicants to think bigger • A separate BIG Review Committee will focus on the quality and impact of each project application, while DRC will focus on conformance to existing codes and ordinances Signage Match Rate Grant Maximum Sign Type Current Proposed 50% 50% $3,000 $5,000 All Conforming Conforming Monument Onl Rationale Increase in grant maximum is more in line with program's original intent to fund approximately one half the cost of a conforming monument sign • The grant will clearly only support conforming monument signs versus all conforming signs Summary The overall goal of BIG is to encourage, reward and provide assistance to facade improvement projects to facilitate revitalization. Understanding limited fund availability; the proposed enhancements will make more efficient use of each grant, while ensuring effective revitalization. Staff would like to solicit Council's thoughts about the proposed enhancements, specifically as they pertain to inclusion into the BIG program, and to consider for future formal action. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-28-2010 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: 6-28-2010 Presented by: Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation -Graham Associates, Inc. vs. City of North Richland Hills (153-245913-10) ) CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-28-2010 Presented by: Agenda No. B.2 Subject: Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096-236530-09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067-241297-09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213-09)) CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-28-2010 Presented by: 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, June 28, 2010 7:00 P.M. A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Barth A.2 Pledge -Councilman Barth A.3 Special Presentation(s) and Recognitions) -Presentation of the Keep Texas Governor's Community Achievement Award A.4 Special Presentation(s) and Recognitions) -Certificate of Achievement for Economic Excellence A.5 Special Presentation(s) and Recognition(s~ -Proclamation Reco_ nq izin_g Jay Bruner as Recipient of the 2010 Community Builder Award for Smithfield Masonic Lodge #455 presented by Mayor Pro Tem Sapp A.6 Special Presentation(s) and Recognitions) - Proclamation for National Recreation and Parks Month presented by Councilman Lombard A.7 Special Presentation(s) and Recognitions) -Presentation of the Yard of the Month Awards for June presented by Councilman Turnage A.8 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.9 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of June 14, 2010 City Council Meeting 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 No items for this category. F.0 GENERAL ITEMS F.1 PU 2010-014 Award Bid to A & M Construction in the amount of $133,000 for the Rehabilitation of the Johnson Ground Storaae Water Tank F.2 GN 2010-047 Amend Section 14-104 of the North Richland Hills Code of Ordinances to designate a Local Rabies Control Authority (LRCA) -Ordinance No. 3097 F.3 GN 2010-049 FY 2011 Solid Waste Implementation Project Application for Multi- Family Recycling Pilot Grant Funding -Resolution No. 2010-024 F.4 GN 2010-041 Appointments to Animal Control Shelter Advisory Board -Places 2 and 4 F.5 GN 2010-046 Appointments to the Construction Code Board of Appeals F.6 GN 2010-050 Appointment of Municipal Judge and Alternate Judges and Establish Salary -Ordinance No. 3098 G.0 EXECUTIVE SESSION ITEM G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Lewis H.2 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Mayor Oscar Trevino Council Meeting Date: 6-28-2010 Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman Tim Barth Council Meeting Date: 6-28-2010 Agenda No. A.1 Subject: Invocation -Councilman Barth CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 6-28-2010 Presented by: Councilman Tim Barth Agenda No. A.2 Subject: Pledge -Councilman Barth CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Presented by: Kathy Luppy Council Meeting Date: 6-28-2010 Agenda No. A.3 Subject: Special Presentation(s) and Recognitions) -Presentation of the Keep Texas Governor's Community Achievement Award Keep NRH Beautiful is one of just 10 winners of the 2010 Governor's Community Achievement Award (GCAA), a program created by a partnership of Keep Texas Beautiful and the Texas Department of Transportation (TxDOT). One of the most celebrated annual environmental and community improvement awards in Texas, the GCAA recognized Keep NRH Beautiful as having one of the best grassroots environmental programs in the state. Winners share $2 million in landscape funds from TxDOT. The City of North Richland Hills will receive $250,000 for a landscaping project along a local state right-of-way. Communities submitted materials for 1 of 10 population categories and judges chose winners based on their achievements in seven environmental and community improvement areas: community leadership and coordination, education, public awareness, litter prevention and cleanup, illegal dumping enforcement, beautification and property improvement, and solid waste management. Keep NRH Beautiful programs/projects include Christmas Lighting Awards, Environmental Education Grants, Litter Not Adopt-A-Spot, Green Campus Awards, Great American Cleanup, Recycle More Art Contest, SmartScape Award, Trash Bash and Yard of the Month Awards. The GCAA program has recognized outstanding communities for 24 consecutive years, with TxDOT providing landscaping funds since 1985. Debbie York and several Keep NRH Beautiful Board members accepted this award on behalf of the City of North Richland Hills during the Keep Texas Beautiful 43~d Annual Conference awards ceremony on June 23, 2010 in Austin. It is our pleasure to present the check to the City of North Richland Hills. CITY OF NORTH RICHLAND HILLS Department: Economic Development Presented by: Craig Hulse Council Meeting Date: 6-28-2010 Agenda No. A.4 Subject: Special Presentation(s) and Recognitions) -Certificate of Achievement for Economic Excellence The Texas Economic Development Council (TEDC) has awarded the City of North Richland Hills the 2009 Award for Economic Excellence. Each year TEDC recognizes cities for their commitment to professional economic development by city administration, elected and appointed officials and for exemplary professional standards demonstrated by the economic development staff. North Richland Hills was one of four cities recognized across Northeast Tarrant County and one of thirty-five recognized in the Texas. The program is designed to provide recognition to organizations that meet a desired threshold of professionalism, encourage professional staff membership and involvement in TEDC, as well as attendance at TEDC training opportunities. Criteria used in evaluating economic development organizations include the effectiveness in carrying out the city's economic development strategic plan, relationships with the business community and professional levels achieved by economic development staff. Because economic development is a team effort, this award goes beyond just the Economic Development Department. It starts with the leadership provided by City Council and City Management, followed by each city department's hard work. The Texas Economic Development Council (TEDC) is an Austin-based, statewide, non- profit professional association. With over 850 members, the TEDC is the pre-eminent organization advocating professional economic development in Texas. Mike Rosa, Vice President, Economic Development of the Dallas Regional Chamber and member of the TEDC Board of Directors will be at the Council meeting to present the award to the Economic Development Staff. No action is required by Council. CITY OF NORTH R/CHLAND HILLS Department: City Manager's Office Council Meeting Date: 6-28-2010 Presented by: Mayor Pro Tem Ken Sapp Agenda No. A.5 Subject: Special Presentation(s) and Recognitions) -Proclamation Recognizing Jay Bruner as Recipient of the 2010 Community Builder Award for Smithfield Masonic Lodge #455 presented by Mayor Pro Tem Sapp NRH CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, the Smithfield Masonic Lodge # 455 was chartered and has continuously operated since June 10, 1876, making it one of the oldest organizations in the City of North Richland Hills; and WHEREAS, it is a tradition of the Masonic fraternity to honor outstanding non- Masons who have distinguished themselves through service to the community, the local, state or national government, their churches or to humanity; and WHEREAS, the award is presented to individuals who, although never initiated into Masonry, demonstrate the same precepts and values of belief in God, service to mankind and personal character established for Masonic behavior; and WHEREAS, after conducting a diligent evaluation of local citizens worthy of this award, the Smithfield Lodge has selected Jay Bruner, Pastor of Center Point Church, as the recipient of the 2010 Community Builder Award; and WHEREAS, Pastor Bruner has served his community with distinction through leading his church, serving the needs of the disadvantaged, rebuilding and refurbishing homes and reaching out to single parent families; and WHEREAS, the City of North Richland Hills appreciates the Masonic Lodge for its continued service to the community and for its tradition of recognizing local community builders. NOW THEREFORE, be it resolved that the City of North Richland Hills recognizes Pastor Jay Bruner as recipient of the 2010 Community Builder Award from Smithfield Masonic Lodge #455. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 28th day of June 2010. Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 6-28-2010 Presented by: Councilman Tom Lombard Agenda No. A.6 Subject: Special Presentation(s) and Recognitions) - Proclamation for National Recreation and Parks Month presented by Councilman Lombard The month of July is designated as National Recreation and Parks Month by the National Recreation and Park Association. In support of this national campaign, the North Richland Hills Parks and Recreation Department develops a public awareness campaign each year outlining the benefits of parks and recreation to our citizens and the community. As in years past, a proclamation for "July as National Recreation and Parks Month" will be read and a four minute video highlighting selected park and recreation programs and facilities will be presented. I'riRH CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, July is recognized as National Recreation and Parks Month by the National Recreation and Park Association; and WHEREAS, parks, recreation and leisure experiences provide opportunities for people to live, grow, and develop into contributing members of society; and WHEREAS, parks and recreation generates opportunities for people to come together and experience a sense of community through fun recreational pursuits; and WHEREAS, parks and recreation provides outlets for physical activities, socialization, and stress-reducing experiences; and WHEREAS, parks, playgrounds, nature trails, open spaces and recreation facilities make communities desirable places to live, work and play, contributing to economic vitality; and WHEREAS, parks and recreation touches the lives of individuals, families, groups, and the entire community which positively impacts upon the social, economic, health and environmental quality of our community, NOW, THEREFORE, I Oscar Trevino, Mayor of the City of North Richland Hills, do hereby proclaim, the month of July as: "RECREATION AND PARKS MONTH" in the City of North Richland Hills and urge all citizens to celebrate by participating in one of the many leisure pursuits available in our city, by our outstanding Parks and Recreation Department. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 28tH day of June, 2010. Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Council Meeting Date: 6-28-2010 Presented by: Diane Spradling / Councilman Scott Turnage Agenda No. A.7 Subject: Special Presentation(s) and Recognitions) -Presentation of the Yard of the Month Awards for June presented by Councilman Turnage AREA 1 Sherry Lewis 6500 Towne Park Drive AREA 2 Eleanor Thompson 6720 Oliver AREA 3 Maryann Felps 6601 Carston Court AREA 4 Dylan Cox 7454 Gentling Lane AREA 5 Carmen Gisi 5916 Dripping Springs Court AREA 6 Debbie Sheffield, 6628 Brookshire Trail AREA 7 David Reynolds 8648 Madison Drive AREA 8 Ed Hendricks 6878 Rolling Ridge Drive AREA 9 Brian Pucci & Kathleen Jones, 8520 Steeple Ridge Drive Business Landscape Sonic, 7608 Boulevard 26 SmartScape Award Davis & Angela Tyson, 7554 Terry Drive CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-28-2010 Presented by: Agenda No. A.8 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. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-28-2010 Agenda No. A.9 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-28-2010 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-28-2010 Presented by: Agenda No. B.1 Subject: Approval of Minutes of June 14, 2010 City Council Meeting Recommendation: To approve the minutes of the June 14, 2010 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, 7301 NORTHEAST LOOP 820 -JUNE 14, 2010 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 14th day of June, 2010 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2 John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Debbie Durko Municipal Court Administrator Chris Amarante Facilities & Construction Director Craig Hulse Economic Development Director Greg VanNieuwenhuize Assistant Public Works Director Bill Thornton Assistant Parks & Recreation Director Sharon Davis Assistant Parks & Recreation Director Absent: Scott Turnage Council, Place 6 Call to Order Mayor Trevino called the work session to order at 5:33 p.m. A.1 Discuss Items from Regular City Council Meeting There were no questions from the Council. A.2 IR 2010-044 Review of New E-Newsletter Ms. Mary Peters, Public Information Officer, advised of the launching of an e-newsletter that will be distributed twice each month. It will include highlights from the City Council meetings, upcoming event reminders, information on City awards and accomplishments and news from other Departments. Council was shown an example of the e-newsletter and provided information on how to subscribe to it. A.3 IR 2010-043 New Recreation Center Design Development Update Ms. Vickie Loftice, Managing Director, introduced the item and briefly recapped the project. Mr. DeWayne Brinkley, Brinkley Sargent Architects presented a PowerPoint presentation updating the Council on the design development. Mr. Brinkley reviewed the schematic plans and Council was shown a Building Information Model (BIM). After questions and a brief discussion, Council requested to be involved as decisions are made on the various project amenities. Mr. Bill Thornton, Assistant Parks Director, reviewed with Council supplemental services requiring an amendment to the professional services agreement with Brinkley Sargent. The additional services are related to the addition of the senior center, LEED Certification, Bud Jensen Street improvements and site work associated with aten-acre site instead of a four-acre site. 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 551.074 Texas Government Code, to Deliberate the Employment of Council Appointed Positions -Municipal Court Judge B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners Ltd vs. City of North Richland Hills (No. 096-236530-09): 2) Arcadia Land Partners 25 Ltd. et al vs. City of North Richland Hills (No. 067-241297-09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213-09) Mayor Trevino announced at 6:20 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.074 to deliberate the employment of Council appointment positions -the Municipal Court Judge and Section 551.071 for consultation with attorney regarding pending litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530-09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067-241297-09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352- 237213-09). C.0 Adjournment Mayor Trevino announced at 6:57 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 June 14, 2010 at 7:04 p.m. ROLL CALL Present: Oscar Trevino Ken Sapp John Lewis Tom Lombard Tim Barth David Whitson Tim Welch Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples Absent: Scott Turnage Mayor Mayor Pro Tem, Council, Place 2 Council, Place 1 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Attorney Council, Place 6 A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance to the American Flag and Texas Flag. Mayor Pro Tem Sapp recognized boy scouts in attendance from Troop 387 in Bedford. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) No items for this category. A.4 CITIZENS PRESENTATION Mr. Steve Morrow, 8809 Kirk Lane, recognized June 14 as Flag Day and the 235tH Birthday of the United States Army. 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 MAY 24, 2010 CITY COUNCIL MEETING COUNCILMAN LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN LOMBARD SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 6-0. PUBLIC HEARINGS C.1 SUP 2010-01 CONTINUE PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM QUIKTRIP FOR A SPECIAL USE PERMIT FOR A CONVENIENCE STORE/GAS STATION WITH NINE FUELING STATIONS OR MORE (LOCATED AT THE SOUTHWEST CORNER OF NE LOOP 820 AND RUFE SNOW DRIVE -1.56 ACRES.) -ORDINANCE NO. 3095 APPROVED Mayor Trevino continued the public hearing from the May 10, 2010 Council meeting and called on the applicant to present the case. Mr. J.D. Dougley, Real Estate Project Manager, 1120 N. Industrial Boulevard, Euless, representing QuickTrip presented their request for a Special Use Permit to construct a 4,902 square foot retail convenience store with 12 fueling stations. In response to questions from the Council, Mr. Dougley explained the shared south access drive with Five Star Ford and that Five Star Ford will use the parking located on the rear of the structure (south) for new vehicle storage. Mr. Dougley explained future plans for a back entrance door. Mr. Eric Wilhite, Chief Planner, recapped why the case was continued from the May 10 council meeting and highlighted the site design features. Council was advised all issues have been addressed and the Planning and Zoning Commission recommended approval of the request by a vote of 4-0. Staff is recommending approval of the SUP and requested that a motion of approval include that the parking on the south side to be used for new vehicle storage only. Mayor Trevino called for those wishing to speak in favor of and opposition to the request to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN WELCH MOPED TO APPROVE SUP 2010-01, ORDINANCE. NO. 3095 AND INDICATE THE RESTRICTION OF PARKING SPACES ON THE SOUTH SIDE FOR NEW VEHICLE STORAGE. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-~. C.2 ZC 2009-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JESSE B. NELSON FOR A ZONING CHANGE FROM AG -AGRICULTURAL TO O-1 -OFFICE ON TRACT 4 IN THE W.C. NEWTON SURVEY (LOCATED AT 8013 PRECINCT LINE ROAD -1.743 ACRES.) -ORDINANCE NO. 3096 APPROVED Mayor Trevino opened the public hearing. Mr. Mark Long, 9115 Rumfield Road, representing the applicant, came forward to present the case. The applicant is requesting a zoning change on a 1.743 acre parcel from AG (Agricultural) to O-1 (Office). The change in zoning will bring the parcel and the lot to the south under the same zoning category. Mr. Eric Wilhite, Chief Planner, presented the staff report and the recommendation of approval from the Planning & Zoning Commission. The next item will combine the applicant's property with Mr. Barfield's property to the south and create ten office lots. Mayor Trevino called for anyone wishing to speak in favor of or opposition to the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN WHITSON MOVED TO APPROVE ZG 2009-03, ORDINANCE NO. 3096. MAYOR PRO TEM SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. PLANNING & DEVELOPMENT D.1 RP 2009-02 CONSIDERATION OF A REQUEST FROM JESSE AND CAROL NELSON AND J & J NRH 100, FLP TO APPROVE A REPEAT OF LOT 10, BLOCK 6, THORNBRIDGE EAST ADDITION, PHASE III AND TRACT 4, W.C. NEWTON SURVEY INTO LOTS 10R AND 11-19, BLOCK 6, THORNBRIDGE EAST ADDITION, PHASE III (LOCATED AT 8013 PRECINCT LINE ROAD - 3.288 ACRES.) APPROVED Mr. Mark Long, Engineer, 9115 Rumfield Road, representing the applicants, presented the replat. The applicants are requesting the replat of a 3.288 acre tract into ten lots for the proposed development of a garden office park (Zoning was considered in previous item). Mr. Eric Wilhite, Chief Planner, presented the staff report and recommendation of approval from the Planning and Zoning Commission. COUNCILMAN LEWIS MOVED TO APPROVE RP 2009-02. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED &-0. D.2 FP 2009-09 CONSIDERATION OF A REQUEST FROM J & J NRH 100, FLP TO APPROVE A FINAL PLAT CONSISTING OF LOTS 11-17, BLOCK 8 AND LOTS 7-19, BLOCK 9, THORNBRIDGE EAST PHASE IV ADDITION. ALSO INCLUDED IS A REPEAT OF LOT 7, BLOCK 8 AND LOT 5, BLOCK 9, THORNBRIDGE EAST PHASE III ADDITION INTO LOT 7R, BLOCK 8, AND LOT 5R, BLOCK 9, THORNBRIDGE EAST PHASE IV ADDITION (LOCATED IN THE 8900 BLOCK OF GLENDARA DRIVE - 6.791 ACRES.) (CONTINUED FROM MAY 10, 2010; PUBLIC HEARING HELD & CLOSED ON MAY 10) APPROVED Mayor Trevino advised that the public hearing was held and closed at the May 10 City Council meeting. Once a public hearing has been closed, Council usually does not reopen the hearing. The item was continued to the June 14 meeting at the request of the applicant in order to address concerns raised during the public hearing and provide additional information requested by the Council. Mayor Trevino advised there were several people present wishing to comment on the case. In order for Council to hear from the individuals present, Mayor Trevino entertained a motion to suspend the Council Rules of Procedure. COUNCILMAN WELCH MOVED THAT THE RULES OF ORDER BE SUSPENDED AND THAT THE PUBLIC BE ALLOWED TO ADDRESS THE MATTER BEFORE THE COUNCIL TONIGHT. COUNCILMAN LOMSARD SECONDED THE MOTION.. MOTION TO SUSPEND RULES CARRIED 6-0. Mr. Mark Long, 9115 Rumfield Road, representing the applicant, came forward to present the applicant's request. Mr. Long presented a map of the property in 1980 and advised that Little Bear Creek at that time was proposed as a channelized creek. Mr. Long discussed the history of the Little Bear Creek corridor, Mr. Barfield's ownership and reclamation of land along the corridor, his donation of land over the years to the Little Bear Creek trail system and his donation of land to the County for North Tarrant Parkway. Mr. Long advised that the subject tract of land was outside of the major corridor and did not affect the trail system or the green belt area. Mr. Eric Wilhite, Chief Planner, explained the purpose of the residential replat. The applicant is proposing to plat a 6.769 acre tract for development of 22 single-family homes. The applicant is replatting three lots in a previously final platted subdivision to tie the two subdivisions together. All subdivision regulations have been met and the plat was reviewed by the Development Review Committee (DRC) for access to the Little Bear Creek Corridor. Access will be provided to the Little Bear Creek Corridor from the Glendara Drive frontage. FP 2009-09 is recommended for approval by the Planning & Zoning Commission and Staff. Mr. Mike Curtis, Managing Director, addressed the concerns raised during the public hearing on May 10. Mr. Curtis first addressed concerns directly related to the replat. • The property was zoned in 2004 • The preliminary plat for subject property was approved in 2004. • The property being replatted is located entirely outside of the Little Bear Creek Corridor -there are no encroachments in the replat. • The developer and City followed all subdivision regulations during the review process of the replat. • The City has followed all requirements specified in the Texas Local Government Code for notifying the public for the replat. Notification is not required for properties outside of the subdivision that is being subject to the replat. Mr. Curtis addressed the concern raised concerning Little Bear Creek and the development standards outlined in the Little Bear Creek Ordinance tied to the replat. Three lots back up to the Little Bear Creek Corridor. The ordinance provides that to the maximum extent feasible subdivisions shall be designed to maximize public exposure and provide access to the flood plain corridor. The DRC is charged with reviewing all proposed subdivisions and replats for consistency with development guidelines. The DRC reviewed the replat and did not find a significant benefit in removing the three lots. The DRC recommended to the Planning and Zoning Commission and City Council that it complied with the intent or the maximum extent feasible. The ordinance gives Council the authority to accept or deny the recommendation of the DRC. If Council concurs with the recommendation of the DRC that the intent has been met, the replat cannot be denied based on the three lots. Mr. Curtis addressed other concerns raised by citizens but not tied to the replat. A comparison was given of the watershed for Thornbridge to the larger Little Bear Creek watershed. Mr. Curtis explained the water velocity was within city standards. Mr. Curtis explained the property owner's right to reclaim property in the flood plain and the process outlined in the Little Bear Creek Corridor Ordinance. Mr. Curtis explained why developers are required by cities to submit studies performed and sealed by engineers. Mr. Curtis addressed the unnatural debris in the channel and advised it was difficult to determine where the concrete pipe came from and that it appeared to have been used as a low water crossing many years ago. Council was advised that even though the drainage way was private property Public Works employees would be attempting to remove the concrete pipe sections to prevent possible downstream blockage. The following individuals spoke in opposition to the request citing concerns with the adoption of the current Little Bear Creek boundary map on a consent agenda, with the developer being allowed to do his own engineering study that resulted in the boundary change, improper notification of the boundary change, environmental preservation of the Little Bear Creek Corridor, debris and volume of water entering the channel from new developments, water flow studies inconsistent with water on the ground and flooding of surrounding property. Reference was also made to a notice of protest to the City Council filed on June 11 from Steve and Mike Morrow and Lucille Stevens. The letter of protest stated that the final plat could not become effective except by a favorable vote of three-fourths of all members of the Council because the Morrows and Stevens were the owners of over 20 percent of the land area within 200 feet of the proposed development. • Steve Morrow, 8809 Kirk Lane • Cindy Clariy, 8604 Kirk Lane • Johnny Gilliland, 2 Country Place Drive • Mike Morrow, 8809 Kirk Lane • Mark Sakovich, 6849 Moss Lane • Janie Gilliland, 2 Country Place Drive • Rick Stevens, 7132 Stonybrooke Drive (Lucille Steven's son, 9201 Kirk Lane) • Judy Stevens Simmons, 4480 Florence, Ponder, representing Lucille Stevens, 9201 Kirk Lane • Richard Batie, 7632 Perkins • Harry Bean, 7612 Perkins Drive • Rachel Clark, 7636 Ford Drive • Dave McGregor, 7700 Perkins The following individuals did not wish to speak but requested to go on record in opposition to the request. • Lucille Stevens, 9201 Kirk Lane • Pat Clairy, 8604 Kirk Lane • Rick Figueroa, 8800 Kirk Lane • James & Lina Pierson, 9000 Kirk Lane • Angela Stevens, 7132 Stonybrooke Drive • Ben Loibl, 8908 Kirk Lane • Alan R. Easley, 8709 Rumfield Road • Alison Starck, 8708 Kirk Lane • Richard Starck, 8708 Kirk Lane • Berwyn B. Caswell, 8900 Kirk Lane • Marjorie Caswell, 8900 Kirk Lane • Shawn Simmons, P.O. Box 212, Justin • M. Wayne Simmons, 4480 Florence Road, Ponder • Frank Ross, 8541 Neil Court • Janice Ross, 8541 Neil Court • Fred Livingston, 8924 Kirk Lane • Robert McKinney, 9420 Kirk Lane • Michael Cole, 7601 Hunt Drive The following individual spoke in support of the request. • Mr. Mark Long, 9115 Rumfield Road Mr. Long advised he lived downstream of the Morrow property and understood his neighbors concerns. Mr. Long advised he also removes debris from the creek and questioned if the City was prepared to clean up the entire channel in order to be fair to everyone who lived along the channel. Mr. Long commented that the only way to protect the creek and to carry the water is through a concrete lined channel. Mr. Long stated he would prefer to have water on the back of his property that would recede as opposed to a concrete lined channel and trees destroyed. The City's Attorney addressed the legal questions raised. The contingent made that the boundary map cannot be changed because it is a property regulation is not factual. The boundary map was not established according to Texas Zoning law; therefore, its change does not have to meet zoning requirements. There is no super majority requirement. A simple majority vote is adequate to approve the plat. The City has no power to prevent development of property based on it being pretty or natural. The City has to follow laws. At the request of Mayor Trevino, Mike Curtis addressed the North Central Texas Council of Government's (COG) initiative to provide regional designs and criteria for stormwater management. The program, iSWM (integrated stormwater Management) is being developed and promoted by COG to provide uniform criteria for regional stormwater management. Mr. Curtis explained current FEMA criteria only requires developers to design to a 100-year storm event based on current conditions and does not take into consideration a watershed when it is fully developed. The North Richland Hills' Little Bear Creek Corridor Ordinance was ahead of the curve and identified the fully developed flood plain. COG is now focusing on fully developed flood plain limits and not just the current 100 year storm event. COUNCILMAN LQMBARD MOVED TO APPROVE FP 2009-09. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. PUBLIC WORKS E.1 PW 2010-022 AWARD A PROFESSIONAL SERVICES AGREEMENT TO PBS&J, INC. IN THE AMOUNT OF $79,738 FOR THE STARNES ROAD STREET IMPROVEMENTS (RUFF SNOW DRIVE TO CROSSTIMBERS LANE) PROJECT (ST1001 APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. The item is to award a professional services contract for the Starnes Road Street Improvements project. The capital improvement project was identified in the 2003 Bond Program and consists of the engineering design of Starnes Road from Rufe Snow to Crosstimbers Lane. It will include reconstructing approximately 1,300 lineal feet of the existing 40-foot wide asphalt roadway with concrete pavement. The design will include concrete sidewalks on both sides of the street and appropriate drainage improvements. Staff is recommending award of a professional services agreement for engineering services to PBS&J in the amount of $79,738. MAYOR PRO TEM SAPP Mf3VED TO APPROVE PW 2010-022. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. E.2 PW 2010-023 APPROVE THE 2010 PREVENTIVE STREET MAINTENANCE PROGRAM APPROVED Councilman Welch, Chair of the CIP Committee, advised the committee met in May to discuss the 2010 Preventive Street Maintenance Program. The committee is recommending approval of the program to Council. Mr. Mike Curtis, Managing Director, presented the 2010 Preventive Street Maintenance Program. The program submitted to the CIP committee consisted of an asphalt overlay of 14 streets, slurry seal on 24 streets and crack sealing of 24 streets. COUNCILMAN WELCH MOVED TO APPROVE PW 2010-023. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. GENERAL ITEMS F.1 GN 2010-039 2010 BYRNE JUSTICE ASSISTANCE GRANT PROGRAM LOCAL AWARD -RESOLUTION NO. 2010-022 APPROVED Jimmy Perdue, Director of Public Safety, presented the item. The Police Department is seeking authorization to pursue grant funds available under the 2010 Byrne Justice Assistance Grant program. The grant funds will be used to enhance the safety and presence of North Richland Hills officers through the modernization of the current police uniform. COUNCILMAN LOMBARD MOPED TO APPROVE GN 2010-039, RESOLUTION NO. 2010-022. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0, F.2 GN 2010-040 AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT WITH BRINKLEY SARGENT ARCHITECTS APPROVED Mr. Bill Thornton, Assistant Parks and Recreation Director, presented the item. The item is to amend the professional services contract with Brinkley Sargent Architects for the engineering and design of the Recreation Center. The Council awarded the professional services contract at its March 24, 2008 meeting. The process for beginning the design and engineering of the facility was delayed until March 2009 so that issues related to the Recreation Center could be resolved. The scope of services for the project has been revised to include additional site work required for the ten-acre site, professional services related to the addition of the Senior Center, LEED certification and Bud Jensen Street roadway and drainage improvements. COUNCILMAN WHITSON MOVED TO APPROVE GN 2010-040, AMENDING THE PRfQFESSIONAL SERVICES CONTRACT WITH BRINKLEY SARGENT ARCHITECTS TO THE REVISED AMOUNT OF $2,169,205 FOR THE DESIGN OF THE NEW RECREATION CENTER TO INCLk~DE THE ADDITIONAL REQUESTED SERVICES. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tem Sapp made the following announcements. Registration for the Summer Reading Club continues through June 17th at the NRH Public Library. Readers of all ages may participate. For more information and a schedule of summer activities at the Library, please call 817-427-6818. Children and their parents are invited to see "The Biscuit Brothers" perform at Linda Spurlock Park on June 19th. Shows will begin at 10:30 a.m. and 11:45 a.m. Admission is free. The Biscuit Brothers have a television program that is broadcast on PBS stations around the nation. Linda Spurlock Park is located at 6400 Glenview Drive. For more information call the Parks & Recreation Department at 817-427-6620. The City reminds residents that outdoor watering is prohibited between 10 a.m. and 6 p.m., except when watering by hand or soaker hose. Irrigation systems should be set to operate in the early morning or late evening, when the sun and temperatures are less likely to cause evaporation. Kudos Korner -Gary Taylor, Planning & Development Department. A call was received from a pool contractor thanking Gary for all his help and for completing inspections in an expedient manner. He was impressed with Gary and looks forward to working with him again in the future. Gary is a real credit to the city, the contractor said. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 9:09 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-28-2010 Agenda No. C.0 Subject: PUBLIC HEARINGS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-28-2010 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 Council Meeting Date: 6-28-2010 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-28-2010 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: MCurtis/LKoonce Council Meeting Date: 6-28-2010 Agenda No. F.1 Subject: PU 2010-014 Award Bid to A & M Construction in the amount of $133,000 for the Rehabilitation of the Johnson Ground Storage Water Tank Council Action Requested: Council is being asked to award a bid to A & M Construction in the amount of $133,000 for the rehabilitation of the Johnson Ground Water Storage. This is an approved CIP project identified as project number UT1003. This project will consist of sealing the interior portion of the tank walls and the floor of the tank with an elasto shield application. The tank was constructed in 1961 and recently began losing water. The tank has been taken out of service until the improvements are made. Four (4) bids were received on May 27, 2010 and are shown below: Corrosion A 8 M N.G. Painting M.K. Painting Vendor Name Eliminators Construction Kerrville, TX Wyandotte, MI Mineral Wells, TX Rowlett TX Bid Item Descri tion Unit Cost Unit Cost Unit Cost Unit Cost ~ Elasto-Shield $71,920.00 $133,000.00 $137,000.00 $145,000.00 Sealant The apparent low bidder was Corrosion Eliminators with a low bid of $71,920. On May 28, Corrosion Eliminator contacted the City's purchasing department to withdraw its bid due to a pricing error. A mistake was made on its pricing for the paint material. Correcting the mistake would increase the cost of its bid. The remaining three (3) bids submitted were over the approved $120,000 budget. Staff is of the opinion that the second low bid is also a reasonable bid and would recommend that the bid be awarded to A & M Construction in the amount of $133,000. References have been checked by Public Works Department staff and all have been favorable for A & M Construction. Since all of the qualified bids exceed the approved budget of $120,000, awarding the project to A & M Construction would also require a budget revision. The budget would need to be revised from $120,000 to $133,000 (an increase of $13,000). If Council chooses to not award the project to A & M Construction, staff would need to rebid the project. There would be no assurance that the existing contractors would bid on the project again and no assurance that the bids would be any lower than they are now. If Councils declines the award of the project a motion will have to be made to reject all bids and have staff rebid the project. Recommendation: To award the bid to A & M Construction in the amount of $133,000 for the Johnson Ground Storage Water Tank and to revise the FY 2009/2010 Capital Projects Budget as indicated on the attached budget revision forms. Johnson Water Storage Tank Rehabilitation Utility Capital Projects Rehabilitation of the Johnson Water Storage Tank UT10D3 PROJECT DESCRIPTION & JUSTIFICATION This project will consist of sealing the interior portion of tlae water storage tank located at Harwood Road and Boulevard 2fi near the Tarrant County College facility. The existing concrete floor inside the water storage tank along vaith tyre vertical wails a>v~i€1 be sealed ~~rith ~~ product that is designed to stop leaks inside the vrater tank. The interior of the tank must be cleaned, and the concrete floor sufface and vertical vaalls must be prepared for the sealing product. A series of primers and fillers tArill be applied that will correct surface defects and help to prevent corrosion of the interior tank. The Johnson t~Vater Storage Tank was constructed in 1:101. Corrosion clang the bottom joint seal has occurred along with small non- structural cracks in the concrete floor. This bottom joint seal, along vaith small cracks in the concrete floor, has allayed vrater to leak out of the tank. This is a vialatian of TCEt~ regulations. Staff has made ;.everal repairs to stop the leaking; but the repairs were only designed to last for a chart period of time. A pemaanerst repair is available and this project will accomplish this. A product made of polyurethane, typically called Elasto-Shield is designed for vrater storage tanks and will eliminate any water leaks and will help with the corrosion problem. PROJECT STATUS Original 24490f£l Original 2QOiI14 Start Date Revision n to Revision EngineeringiDesign Construction 10120tPg t77t2rJ1(7 012010 4f2410 Cfiher REVISION EXPLANATION Formal bids were solicited for an Elasto-Shield application for the Johnson Water Storage Tank with Corrosion Eliminators as the selected contractor fiar the job. Ora f~iay 2t~, 2314, Corrosion Eliminatoe contacted the Purchasing department to withdra4v their bid due to a pricing error for paint material which would hire increased the cast of their bid. The remaining three (3) bid's submitted were over the approved $120,404 budget. Staff is of the opinion that the second tow bid is also a reasonable bid and would recommend That the bid be awarded to A & I~t Cans#r~uctian in the amount of a'133,OOQ. References have been checked bq Public 4~lorks Uepartraaent staff and all have been favorable for A ~ hrt Construction. Since all of the qualified bids exceed the approved budget of $124;400, Staff is respectfully requesting a budget revision from $120,000 to 5133;004 {an increase of $13;044).. FINANCIAL DATA 200912014 2004120/4 Ta4`AI Funding Source Amount to 20G9F2014 rroG>o~rd Revised Remaining Project Date Adopted Revi•u~ri Budget Balaaee Cost Prior Funding Alfacatians: S4 ~124,o4a o x124.444 $~ 5124.004 Proposed Funding A1locatioras' UCIPReserves 0 0 !3,00 13,000 4 13,G04 Total $4 5124,000 5', C!00 5133;004 30 $133,000 Project Expenditures Engineering 50 $~D :.~~J $0 $(} $0 Construction 4 120,0 i_-' 13.1~OC 133,004 4 133;000 Other 0 4 r; 0 0 0 Total $(} 5124.D00 ! ~ ~~2i6 5133.404 $0 5133.00fl IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating impact 24'10:`2011 2011P2012 20'1212013 241302414 2Q'14t201b Total Projected S4 $4 $0 SD $0 50 CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Council Meeting Date: 6-28-2010 Presented by: Chun Mezger -Neighborhood Services Agenda No. F.2 Subject: GN 2010-047 Amend Section 14-104 of the North Richland Hills Code of Ordinances to designate a Local Rabies Control Authority (LRCA) -Ordinance No. 3097 Staff is requesting approval to amend Section 14-104 of the North Richland Hill Code of Ordinances to designate the Humane Division Supervisor position as the Local Rabies Control Authority (LRCA). The Texas Health and Safety Code requires all municipalities to designate an officer as the LRCA. Tarrant County will inspect to ensure an LRCA is designated for North Richland Hills during its annual inspection. The LRCA is responsible for overseeing all quarantine methods and testing. Recommendation: Staff recommends approval of Ordinance No. 3097. ~~ ORDINANCE NO. 3097 AN ORDINANCE AMENDING SECTION 14-104 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO ESTABLISH THAT THE HUMANE DIVISION SUPERVISOR IS THE LOCAL ANIMAL CONTROL AUTHORITY FOR THE PURPOSE OF SECTION 186.017, TEXAS HEALTH AND SAFETY CODE. WHEREAS, the State of Texas requires and city staff has recommended amendment of the City's ordinances to provide that a specific position be designated as the local animal control authority for the purpose of enforcement of certain state laws; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 14-104 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: Sec. 14-104. Local animal control authority. As required by Section 826.017 Texas Health and Safety Code, the humane division supervisor is hereby designated as the local animal control authority." AND IT IS SO ORDAINED. PASSED AND APPROVED this 28th day of June, 2010. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Director of Neighborhood Services CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Presented by: Debbie York Council Meeting Date: 6-28-2010 Agenda No. F.3 Subject: GN 2010-049 FY 2011 Solid Waste Implementation Project Application for Multi-Family Recycling Pilot Grant Funding -Resolution No. 2010-024 The North Central Texas Council of Governments (NCTCOG) is accepting applications from local governments who are seeking solid waste management funding. The Neighborhood Services Department is requesting approval to submit an application for $43,665 in funding for aMulti-Family Recycling Pilot Program. The NRH Multi-Family Recycling Pilot Program will target the residents of four (4) multi-family properties: The Bluffs, Diamond Ridge, Harwood and The Abbey Apartments. The apartments have an approximate total of 1,620 units, with roughly 4,050 residents. This pilot program will serve to answer such questions as how many recycling containers would be required per apartment complex, how to address on-site space limitations, what level of contamination can be expected and how much garbage service reductions may result. This information could be used to encourage setting up recycling in all multi-family complexes once the grant has ended. Recommendation: Approval of Resolution No. 2010-024 Ni~.H RESOLUTION NO. 2010-024 RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS AUTHORIZING THE FILING OF PROJECT APPLICATIONS WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR REGIONAL SOLID WASTE PROGRAM LOCAL IMPLEMENTATION PROJECTS; AUTHORIZING JO ANN STOUT, DIRECTOR OF NEIGHBORHOOD SERVICES TO ACT ON BEHALF OF THE CITY OF NORTH RICHLAND HILLS IN ALL MATTERS RELATED TO THE APPLICATIONS FOR THE NRH MULTI-FAMILY RECYCLING PILOT PROGRAM; AND PLEDGING THAT IF FUNDING FOR THIS PROJECT IS RECEIVED THE CITY OF NORTH RICHLAND HILLS WILL COMPLY WITH ALL PROJECT REQUIREMENTS OF NCTCOG, TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS. WHEREAS, the North Central Texas Council of Governments is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for the implementation of NCTCOG's adopted Regional Solid Waste Management Plan; and WHEREAS, the City of North Richland Hills in the State of Texas is qualified to apply for project funds under the Request for Project Applications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF NORTH RICHLAND HILLS IN NORTH RICHLAND HILLS, TEXAS; Section 1 That Jo Ann Stout, Director of Neighborhood Services is authorized to request project funding under the North Central Texas Council of Governments' Request for Project Applications of the Regional Solid Waste Local Project Funding Program and act on behalf of The City of North Richland Hills in all matters related to the project application and any subsequent project contract that may result. Section 2 That if the project is funded, the City of North Richland Hills will comply with the requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality and the State of Texas. Section 3 That the City of North Richland Hills will allocate and expend the necessary moneys to support this grant project and then seek reimbursement from NCTCOG on a timely basis. Section 4 That the grant project funds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project. Section 5 That the grant activities for this project will comply with and support the adopted regional (and local) solid waste management plans adopted for the geographical area in which the activities are performed. PASSED AND APPROVED this the 28th day of June, 2010. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Director of Neighborhood Services CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 6-28-2010 Agenda No. F.4 Subject: GN 2010-041 Appointments to Animal Control Shelter Advisory Board -Places 2and4 The individuals serving in Places 2 and 4 on the Animal Control Shelter Advisory Board have their terms of office expiring on June 30. The ordinance establishing the Board states that the appointment to Place 2 shall be a city official and the appointment to Place 4 shall be a representative from an animal welfare organization. Currently serving in Place 2 is Councilman John Lewis and serving in Place 4 is Pam Burney, Vice President, Community Outreach, American Society for the Prevention of Cruelty to Animals. Both of these positions are two-year terms of office. Recommendation: To appoint Councilman Lewis to Place 2 and Pam Burney to Place 4, terms expiring June 30, 2012. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Dave Pendley Council Meeting Date: 6-28-2010 Agenda No. F.5 Subject: GN 2010-046 Appointments to the Construction Code Board of Appeals The terms of office for the board members serving in Places 1 through 7 on the Construction Code Board of Appeals expire on June 30, 2010. Section 98-42 of the North Richland Hills Code of Ordinances states that appointments to the Construction Code Board of Appeals are recommended by City staff and appointed by the City Council. 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. Building Inspection department is recommending the reappointment of all current members for the terms indicated below: Nominees: Place 1 -Joe Crane (Master Electrician) - 1 Year Term Place 2 -Kirk Cameron (Local Builder) - 2 Year Term Place 3 -Robert L. Nicholas (Professional Engineer) - 1 Year Term Place 4 -Lynn Motheral (Local Builder) - 2 Year Term Place 5 -John Klein (Registered Architect) - 1 Year Term Place 6 -Lloyd Robinson (Master Plumber) - 2 Year Term Place 7 - W. D. (Mac) McCarthy (Master Mechanical) - 1 Year Term Recommendation: Reappoint all existing members. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Mark Hindman Council Meeting Date: 6-28-2010 Agenda No. F.6 Subject: GN 2010-050 Appointment of Municipal Judge and Alternate Judges and Establish Salary -Ordinance No. 3098 Chapter 58 of the North Richland Hills City Code establishes Municipal Court of Record No. 1. Appointment of one or more Municipal Judges to this court is governed by the requirements of V.T.C.A., Local Government Code 30.00006. According to these requirements the municipal judge(s) shall serve for a period of two years. Each judge appointed under this provision shall be appointed by ordinance which shall include the salary for the term for which the judge is appointed. In addition the City Council may appoint one or more qualified persons to be available to serve for a Municipal Judge who is temporarily absent due to illness, family death, continual legal or judicial education programs or any other reason. The Municipal Judge shall select one or more such appointees to serve during his absence. The substitute judge has all the powers and shall discharge all the duties of a Municipal Judge while serving as such. Stewart Bass was appointed as Judge of the Municipal Court of Record No. 1 on July 28, 2008. Judge Bass has indicated his willingness and interest in serving in this role for anothertwo-year term. Glynnis McGinty and Lorraine Irby are proposed to serve as Municipal Judge when the Judge of the Municipal Court of Record is temporarily absent for any reason. The salary for the Municipal Judge is set at $64,000.00, which includes the funds for compensating any Substitute Judges during the absence of the Municipal Judge. Recommendation: According to the City Code the City Council shall appoint one or more Municipal Judges to preside over Municipal Court of Record No. 1. ~' "~ ORDINANCE NO. 3098 AN ORDINANCE APPOINTING A JUDGE AND ALTERNATE JUDGES OF THE MUNICIPAL COURT OF RECORD NO 1 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AND ESTABLISHING A SALARY FOR SUCH TERM WHEREAS, Section 30.00006, Texas Government Code, requires that the governing body 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 reduced during such term of office; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Stewart Bass is hereby appointed Judge of the Municipal Court of Record No. 1 for a term of two (2) years. 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 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 not have any retirement or health benefits when his term of office has expired. Section 3: Glynnis McGinty and Lorraine Irby are appointed to serve as Municipal Judge 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 Court of Record at the rate previously established by the city for such service by alternate judges. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 28th day of June, 2010. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-28-2010 Presented by: Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF CITY OF CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 6-28-2010 Presented by: Councilman John H. Lewis Agenda No. H.1 Subject: Announcements -Councilman Lewis Announcements Residents are invited to join us as we kick off our Independence Day weekend with a Fireworks Show on Saturday, July 3rd. The show will begin at 9:30 p.m. and can be seen from the parking lot of the ATI Career Training Center on Boulevard 26. Don't forget to bring lawn chairs, blankets, picnic baskets and games for the family to play while waiting for the fireworks. The fireworks show is a joint project of the Northeast Tarrant Chamber of Commerce and the cities of North Richland Hills, Haltom City and Richland Hills. This year's show is also made possible thanks to the support of Chesapeake Energy and several other local sponsors. City Hall and other non-emergency City offices will be closed on Monday, July 5th in observance of the Independence Day Holiday. The NRH Recreation Center, Library, Tennis Center and Senior Centers will also be closed. NRH2O and Iron Horse Golf Course will remain open. Garbage and recycling schedules will not change due to the holiday. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Cindy Shannon, Police Department A letter was received from a future resident thanking Cindy for being helpful, fast and knowledgeable, and for providing a great first impression of the City. Cindy provided all the information requested and put the family at ease about the neighborhood where they are purchasing a new home. They were very impressed with her service and look forward to moving to North Richland Hills. A Look Through the Lens In celebration of our community, we will end the June 28th City Council Meeting with a short video highlighting recent activities in North Richland Hills. This month's video includes images from the Summer Reading Club, the Neighborhood Initiative kickoff event, NRH2O's participation in the World's Largest Swim Lesson and recent ribbon cuttings. CITY OF