Loading...
HomeMy WebLinkAboutCC 2012-12-10 Minutes 3 { 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 — DECEMBER 10, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10t" day of December 2012 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tom Lombard Mayor Pro Tern, Council, Place 3 Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 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 Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Kristin James Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Gregory VanNieuwenhuize City Engineer Caroline Waggoner Public Works Engineer Associate Craig Hulse Economic Development Director Robert Lung Economic Development Specialist Mark Mills Budget Director Stan Tinney Fire Chief Clayton Comstock Senior Planner Mike Hamlin Assistant Police Chief Joe Pack Senior Park Planner Orsheka Moore Budget Analyst Eva Ramirez Purchasing Buyer Jerry Lewandowski Purchasing Manager Debbie York Neighborhood Services Assistant Director i City Council Minutes December 10, 2012 Page 2 Call to Order Mayor Trevino called the work session to order at 5:30 p.m. A.0 Discuss Items from Regular City Council Meeting There were no questions from Council. A.1 Presentation by North Central Texas Council of Government on Cotton Belt Rail Protect Mr. Mark Hindman, City Manager, introduced Mr. Kevin Feldt, Program Manager, North Central Texas Council of Governments (NCTCOG). Mayor Trevino advised the Council there were two separate and distinct projects and this is the Cotton Belt Corridor project. His company, O. Trevino Construction, has joined a team to respond to requests for proposals for qualifications from the T which is the Fort Worth portion only. Mayor Trevino advised the information being presented is public information and he would not be abstaining as the group he is working with is through another entity and is for a different section. Mr. Kevin Feldt confirmed the Mayor's comments that the Fort Worth T project was a separate and distinct project from the one he was discussing. Mr. Feldt presented background information on the project. The NCTCOG organized a study group to look at options for funding and governing a regional rail system. Last December the group published the Innovative Finance Initiative (iFi) Cotton Belt Corridor Phase I Final Report. The report recommended several different funding options with a focus on funding the rail project through various means of capturing tax value growth related to the rail line through the establishment of a Municipal Management District. A private sector group has approached NCTCOG willing to submit a proposal for funding and constructing the 62-mile rail system utilizing a public-private partnership under authority created by Senate Bill 1048. NCTCOG's Executive Board authorized NCTCOG to serve as the responsible government entity to receive and evaluate the proposal on behalf of all entities involved. Council is being asked to consider a resolution authorizing an interlocal agreement granting NCTCOG the authority to act on behalf of the City to receive and evaluate proposals for funding and constructing the proposed Cotton Belt Corridor rail system utilizing a public—private partnership under the authority created by Senate Bill 1048. The interlocal agreement does not commit the City to any future funding or further participating in the Cotton Belt Rail project. Council will be asked later to consider support of a special district to fund and manage the Cotton Belt Corridor Rail project. Council concurred with the information presented and took formal action on the resolution authorizing the interlocal agreement during the 4 City Council Minutes December 10, 2012 Page 3 regular council meeting. With the concurrence of Council, Mayor Trevino appointed Councilman Welch, Councilman Rodriguez and Councilwoman Wright Oujesky to a council committee to assist in the evaluation and funding of regional rail issues. A.2 Quarterly Capital Improvement Project Status Report Mr. Mark Mills, Budget Director, presented a PowerPoint presentation updating Council on the status of the following capital improvement projects for the period ending September 30, 2012: • Davis Boulevard / Mid-Cities Intersection • Rufe Snow Street & Utility Improvements (Mid-Cities to Hightower) • Sanitary Sewer Rehabilitation of Main Lines • Calloway Branch Trail • John Barfield Trail The presentation focused on project expenses to date versus approved budget, timelines and the current status of the project including any significant adjustments that may have occurred since Council was last briefed. There were no questions from Council. 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 551.087 Texas Government Code Regarding an Economic Development Contract in Central Sector of City B.2 Executive Session: Pursuant to Section 551.087 Texas Government Code Regardinq Economic Development Negotiations in Southeast Sector of City B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with attorney to seek advice about pending or contemplated litigation - Rufe Snow Drive Project Condemnations B.4 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager Mayor Trevino announced at 5:58 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: 1) Section 551.087 regarding an economic development contract in i City Council Minutes December 10, 2012 Page 4 the central sector of the city; 2) Section 551.087 regarding economic development negotiations in southeast sector of city; 3) Section 551.071 to consult with attorney to seek advice about pending or contemplated litigation regarding Rufe Snow Drive Project condemnations; and 4) Section 551.074 to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager. C.0 Adjournment Mayor Trevino announced at 6:51 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER E Mayor Trevino called the meeting to order December 10, 2012 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Tom Lombard Mayor Pro Tem, Council, Place 3 Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff: 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 Monica Solko Assistant City Secretary George Staples Attorney City Council Minutes December 10, 2012 Page 5 A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance with help from Walker Creek Elementary 3rd grade students. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION None. 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 NOVEMBER 12, 2012 CITY COUNCIL MEETING B.2 GN 2012-099 RENEWAL OF MEMORANDUM OF AGREEMENT (MOA) FOR VEHICLE IDLING LIMITATIONS City Council Minutes December 10, 2012 Page 6 B.3 GN 2012-100 AUTHORIZE THE PAYMENT OF $55,000 TO SAM HOUSTON STATE UNIVERSITY FOR THE SECOND YEAR ANNUAL MAINTENANCE OF CRIMES LAW ENFORCEMENT SOFTWARE PACKAGE B.4 PU 2012-032 CONSIDER MEDICAL DIRECTOR CONTRACT FOR MEDICAL DIRECTOR FOR NORTH RICHLAND HILLS FIRE DEPARTMENT B.5 GN 2012-104 CONSIDER REVISED POLICY ON USES OF REVENUES FROM GAS EXPLORATION/PRODUCTION - RESOLUTION NO. 2012-044 B.6 PU 2012-033 CONSIDER INTEGRATED FORENSIC LABORATORIES CONTRACT FOR FORENSIC TESTING SERVICES FOR NORTH RICHLAND HILLS POLICE DEPARTMENT B.7 GN 2012-101 AUTHORIZE A ONE YEAR CONTRACT EXTENSION WITH REPUBLIC WASTE SERVICES OF TEXAS, LTD. FOR SOLID WASTE AND RECYCLING SERVICES B.8 GN 2012-103 A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL COOPERATIVE AGREEMENT REQUESTING NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS TO PURSUE DEVELOPMENT OF THE COTTON BELT RAIL PROJECT UTILIZING SENATE BILL 1048 ("PUBLIC AND PRIVATE FACILITIES AND INFRASTRUCTURE ACT") - RESOLUTION NO. 2012-047 COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.0 PUBLIC HEARINGS CA SUP 2012-05 PUBLIC HEARING AND CONSIDERATION OF AN APPEAL FOR A REQUEST FROM CHESAPEAKE OPERATING, INC. FOR A SPECIAL USE PERMIT FOR THE ANEJO GAS WELL PAD SITE ON 5.989 ACRES DESCRIBED AS TRACT 3D IN THE WILLIAM COX SURVEY AT 7100 DAVIS BOULEVARD. - ORDINANCE NO. 3225 APPROVED City Council Minutes December 10, 2012 Page 7 Mayor Trevino opened the public hearing and announced that Mayor Pro Tern Lombard and Councilman Whitson would be abstaining from discussion and vote. Both council members have an interest in the Anejo Gas Well pad site. Mayor Pro Tem Lombard and Councilman Whitson left the council meeting at 7:14 p.m. An affidavit of disqualification has been completed by Mayor Pro Tern Lombard and filed with the City Secretary stating the nature of interest is signed gas lease that is included in the pool. An affidavit of disqualification has been completed by Councilman Whitson and filed with the City Secretary stating the nature of interest is royalty interest. Ms. Leah King, representing Chesapeake Energy, 100 Energy Way, Fort Worth came forward requesting a special use permit for the Anejo Gas Well pad site, a 1.962 acre gas drilling and production site on 5.989 acres located at 7100 Davis Boulevard. Ms. King presented a PowerPoint presentation. The Anejo Gas Well pad site will consist of two units — the Anejo and Grove units. Ms. King discussed some of the concerns expressed by the property owners and adjustments made by Chesapeake to accommodate the concerns. Chesapeake has 1) reduced the pad site from 14 proposed wells to 7 wells in an effort to provide natural tree buffers with a 40 foot setback from Davis Boulevard; 2) will sod the slopes and move some of the previously planned landscaping to the Davis Boulevard frontage; will pay appropriate tree mitigation fees; 3) is working with the City to provide a permanent solution to the existing neighborhood drainage issues; and 4) is proposing to leave the trees closest to the neighborhood intact. Mr. John Pitstick, Director of Planning, summarized the request. Chesapeake is making an appeal to the Council because of a recommended denial from the Planning and Zoning Commission. The property is zoned CS (Community Services) which is appropriate for office, retail and restaurant uses visible and accessible from Davis Boulevard. Most of the immediately surrounding property is heavily wooded and not currently developed. Staff concerns include: • The proposed gas well site changes the land use from a Community Services use to an Industrial use. • Extensive clear cut slopes will be visible from the north side of the site along Davis Boulevard. Terraced slopes would look better and allow for better landscaping. • Non-compliant drainage plan that concentrates runoff and provides steep slopes cannot be effectively maintained. Also, offsite drainage easements are required. • Chesapeake will have to request variances for setbacks from Davis Boulevard and will also have to receive setback variances that affect 39 residential homes and 3 vacant commercial property owners for the proposed 7 gas wells. These variances will need to be approved by the Gas Board before the site can be developed. City Council Minutes December 10, 2012 Page 8 Staff recommends, if approved, the proposed land use be mitigated by requiring the SUP to be limited to 7 wells and a maximum of 5 years to complete drilling and fracking activities; that appropriate tree mitigation fees be paid; and underground storm sewer piping be required connecting into Brookhaven Drive. Mayor Trevino called for those wishing to speak for or against the request to come forward. The following individuals spoke: • David Hardesty, 7236 Coventry Court— advised the issues he had have been resolved. • Ken Yazhari, 7000 Davis Boulevard — opposed • Joel Lazarus, 7220 Stonybrooke Drive — in favor • Paul Yazhari, 1230 Brown Trail - opposed • Danny Garrett, 8400 Brookview Drive — opposed • Hai Pham, 7120 Brookhaven Court— opposed • Gail and Charles Geserick, 8400 Brookhaven Drive — opposed • Troy Evans, 8413 Brookview Drive, opposed • Charles Gerber, 8409 Timberline Court— opposed • David Cury, 8412 Brookview Drive — opposed • Marcus Blagg, 6700-A Davis Boulevard, President of Geo Tex, Inc. and speaking on behalf of employees — in favor • William Wheeless, 6832 Simmons Road — in favor • Rob Rankin, 700 Bandit Trail; owns 8520 Brookview Court — in favor • Larry Fortney, 8016 Mickey Street - in favor • Kathy Wilson, 7020 Stoneridge Drive — in favor • John Counts, 8409 Brookview Drive — opposed • George Marquez, 7105 Carolenna Court— in favor There being no one else wishing to speak Mayor Trevino closed the public hearing and entertained a motion. COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE SUP 2012-05, ORDINANCE NO. 3225 WITH STAFF'S RECOMMENDED CHANGES: SUP TO BE LIMITED TO 7 WELLS AND A MAXIMUM OF 5 YEARS TO COMPLETE DRILLING AND FRACKING ACTIVITIES; THAT APPROPRIATE TREE MITIGATION FEES BE PAID; AND UNDERGROUND STORM SEWER PIPING BE REQUIRED CONNECTING INTO BROOKHAVEN DRIVE. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. AFTER COMMENTS BY COUNCIL, MOTION TO APPROVE CARRIED 5-0-2 WITH COUNCILMAN LOMBARD AND COUNCILMAN WHITSON ABSTAINING. Mayor Pro Tem Lombard and Councilman Whitson returned to the Council dais at 8:21 p.m. F t City Council Minutes December 10, 2012 Page 9 C.2 SUP 2012-04 PUBLIC HEARING AND CONSIDERATION OF AN APPEAL FOR A REQUEST FROM CHESAPEAKE OPERATING, INC. FOR A SPECIAL USE PERMIT FOR THE CHURCH OF CHRIST GAS WELL PAD SITE ON 10.419 ACRES DESCRIBED AS LOT 2, BLOCK 8, MEADOW LAKES ADDITION AT 6400 NE LOOP 820 - ORDINANCE NO. 3227 APPROVED Mayor Trevino opened the public hearing and announced that Councilwoman Wright Oujesky and Councilman Turnage would be abstaining from discussion and vote. Both council members have an interest in the Church of Christ gas well pad site. Councilwoman Wright Oujesky and Councilman Turnage left the council meeting at 8:22 p.m. An affidavit of disqualification has been completed by Councilwoman Wright Oujesky and filed with the City Secretary stating the nature of interest is royalty interest. An affidavit of disqualification has been completed by Councilman Turnage and filed with the City Secretary stating the nature of interest is potential economic conflict due to ownership (potential sale) of mineral rights to applicant. Ms. Leah King, representing Chesapeake Energy, 100 Energy Way, Fort Worth came forward requesting a special use permit for a proposed 2.6 acre gas drilling and production site located on a 10.419 acre tract at 6300 Northeast Loop 820. Ms. King presented a PowerPoint presentation. The proposed Church of Christ site is on private property and owned by The Hills Church of Christ. Chesapeake Energy is requesting to drill 10 gas wells from this site. Ms. King advised the land was being developed in accordance with the desire of the property owner. Attractive fencing will screen the production equipment, and the required zoning setback will be met and permanent screening added once operations are completed. Landscaping will be added during the next planting season with additional landscaping buffer to be added once drilling is complete. The site will have an electric rig with thirty-two feet sound blankets to mitigate sound. Three options are being considered as the transportation route to the site: Option A — off of Loop 820 down the western portion of Meadow Lakes Drive; Option B — off of Loop 820 down Rufe Snow and through the Meadow Lakes neighborhood and Option C - off of the proposed exit ramp to be constructed by TxDOT off of the frontage road. Mayor Trevino asked if Chesapeake would remove option B from the route. Ms. King agreed to the removal. Mr. John Pitstick, Director of Planning, summarized the request. The request was denied by the Planning and Zoning Commission and Chesapeake Energy is appealing i City Council Minutes December 10, 2012 Page 10 to the City Council. Staff is concerned about the appropriateness of this use on the most visible corridor in the City that is being developed. If approved, staff recommends limiting drilling to 10 wells and a maximum of five years to complete drilling and fracking activities; that a minimum of a 25 foot building setback be provided behind the Loop 820 right of way line with appropriate tree buffer and Loop 820 pedestal monuments in front of the masonry wall; that at least 3 feet of fence articulation be required for every 100 feet of wall space. Staff is also concerned that the only access to the site for drilling over the next couple of years will be from Meadow Lakes Drive directly through the residential neighborhood. Mayor Trevino called for those wishing to speak for or against the request to come forward. The following individuals spoke: • Larry Carrell, 799 Blue Quail Road, Keller— opposed • John Wood, 5036 Lakeview Circle - opposed • Steve Roos, 5024 Lakeview Circle — opposed • David Worley, 5020 Lakeview Circle — opposed • Johanna Hardesty, 7236 Coventry Court — did not wish to speak, but wished to go on record in support • Darlene Grantland, 5004 Lakeview Circle — opposed • Jim Phillips, 5009 Surrey Court - opposed There being no one else wishing to speak Mayor Trevino closed the public hearing and entertained a motion. COUNCILMAN WELCH MOVED TO DENY SUP 2012-04. COUNCILMAN WHITSON SECONDED THE MOTION. AFTER COMMENTS BY THE COUNCIL, MOTION TO DENY FAILED 2-3-2; COUNCILMEN WHITSON AND WELCH VOTING IN FAVOR OF THE MOTION AND MAYOR PRO TEM LOMBARD, COUNCILMEN RODRIGUEZ AND BARTH VOTING AGAINST THE MOTION; COUNCILWOMAN WRIGHT OUJESKY AND COUNCILMAN TURNAGE ABSTAINING. MAYOR PRO TEM LOMBARD MOVED TO GRANT THE APPEAL FOR THE SUP 2012-04, ORDINANCE NO. 3227 WITH THE FOLLOWING STIPULATIONS: ELIMINATING TRANSPORTATION ROUTE B AND USING THE PRIMARY ROUTE FROM 820, APPROVING THE RECOMMENDATIONS MADE BY STAFF (DRILLING LIMITED TO 10 WELLS AND A MAXIMUM OF FIVE YEARS TO COMPLETE DRILLING AND FRACKING ACTIVITIES, A MINIMUM OF A 25 FOOT BUILDING SETBACK BE PROVIDED BEHIND THE LOOP 820 RIGHT OF WAY LINE WITH APPROPRIATE TREE BUFFER AND LOOP 820 PEDESTAL MONUMENTS IN FRONT OF THE MASONRY WALL; THAT AT LEAST 3 FEET OF FENCE ARTICULATION BE REQUIRED FOR EVERY 100 FEET OF WALL SPACE); TIME TO COMPLETE STARTS ONCE THEY HAVE ACCESS TO LOOP 820. COUNCILMAN BARTH SECONDED THE MOTION. City Council Minutes December 10, 2012 Page 11 MOTION TO APPROVE CARRIED 3-2-2; MAYOR PRO TEM LOMBARD, COUNCILMEN RODRIGUEZ AND BARTH VOTING FOR; COUNCILMEN WHITSON AND WELCH VOTING AGAINST; COUNCILWOMAN WRIGHT OUJESKY AND COUNCILMAN TURNAGE ABSTAINING. RECESS AND BACK TO ORDER Mayor Trevino recessed the meeting at 9:11 p.m. and called the meeting back to order at 9:22 p.m. with all members present as recorded. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2012-035 APPROVE AN ORDINANCE AMENDING CHAPTER 102 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, MODIFYING THE CRITERIA FOR DETENTION AND RETENTION STRUCTURES - ORDINANCE NO. 3228 APPROVED Ms. Caroline Waggoner, Engineer Associate, presented the item. Council is being asked to approve changes to the current criteria regulating the design of detention and retention structures. The following modifications are proposed to the current requirements: 1. Allow detention ponds to be constructed in areas where no downstream drainage infrastructure exists yet where ponds could be accommodated without negative impact to adjacent properties, subject to SUP approval. 2. Update hydrologic runoff calculation criteria to reflect the amount of undeveloped land remaining in North Richland Hills. 3. Update hydraulic modeling requirements to reflect current software programs. 4. Increase outlet controls to restrict discharge rates, velocity and depth of flow into the downstream system or adjacent properties. MAYOR PRO TEM LOMBARD MOVED TO APPROVE PW 2012-035. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. City Council Minutes December 10, 2012 Page 12 MOTION TO APPROVE CARRIED 7-0. E.2 PW 2012-036 APPROVE THE "INTERLOCAL AGREEMENT" WITH TARRANT COUNTY FOR THE PARTIAL FUNDING OF THE CONSTRUCTION OF THE DAVIS BOULEVARD/MID-CITIES BOULEVARD INTERSECTION IMPROVEMENTS PROJECT APPROVED Gregory Van Nieuwenhuize, City Engineer, summarized the item. The City Council is being asked to approve an Interlocal Agreement with Tarrant County which authorizes Tarrant County to fund a portion of the construction of the Davis Boulevard/Mid-Cities Boulevard Intersection Improvements Project (ST0401) on an annual basis. The "end result" of the project is that this intersection will consist of three (3) "thru" lanes in each direction, two (2) left turn lanes from each direction and "free" right turn lanes. The Interlocal Agreement from Tarrant County clearly lays out the terms of reimbursement of the available $295,000 in Tarrant County bond funds. Additionally, the Agreement provides for: • The County to reimburse NRH 50% of the actual construction costs of the as- built final total project cost, or an amount of $295,000, whichever is less. • NRH to provide a monthly progress report documenting the project's construction rate to the County. • Any public notice type construction signage is to recognize the funding from the 2006 Tarrant County Bond Program. • The agreement also includes a schedule of funds availability, which is compatible with the expected timeline of expenditures during construction. COUNCILMAN WELCH MOVED TO APPROVE PW 2012-036. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. E.3 PW 2012-037 APPROVE THE "INTERLOCAL AGREEMENT" WITH TARRANT COUNTY FOR THE PARTIAL FUNDING OF THE CONSTRUCTION OF THE SMITHFIELD ROAD (DAVIS BOULEVARD TO MID-CITIES BOULEVARD) PROJECT APPROVED Gregory Van Nieuwenhuize, City Engineer, summarized the item. The City Council is being asked to approve an Interlocal Agreement with Tarrant County which authorizes Tarrant County to fund a portion of the construction of the Smithfield Road (Davis City Council Minutes December 10, 2012 Page 13 Boulevard to Mid-Cities Boulevard) Project (ST1304) on an annual basis. This project consists of the reconstruction of Smithfield Road from approximately 100 feet north of its intersection with Mid-Cities Boulevard to Davis Boulevard at which point it will be realigned with Bride Street. This section of Smithfield Road is a 4-Lane Major Undivided Collector (C4U) Street. The Interlocal Agreement from Tarrant County clearly lays out the terms of reimbursement of the available $550,000 in Tarrant County bond funds. Additionally, the agreement provides for: • The County to reimburse NRH 50% of the actual construction costs of the as- built final total project cost, or an amount of $550,000, whichever is less. • NRH to provide a monthly progress report documenting the project's construction rate to the County. • Any public notice type construction signage is to recognize the funding from the 2006 Tarrant County Bond Program. • The agreement also includes a schedule of funds availability, which is compatible with the expected timeline of expenditures during construction. COUNCILMAN RODRIGUEZ MOVED TO APPROVE PW 2012-037. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.0 GENERAL ITEMS F.1 PU 2012-035 AWARD A CONTRACT TO ENVIRONMENTAL SAFETY SERVICES INC. (ESSI), FOR WORKED RELATED TO IRON HORSE EROSION CONTROL IN THE AMOUNT OF $153,170 APPROVED Joe Pack, Senior Park Planner, summarized the item. The item is to consider the award of a contract for two projects, Iron Horse Erosion Control Phase I (PK1205) and Iron Horse Erosion Control Phase 11 (PK1206). Phase I is for the installation of gabion retaining walls on Singing Hills Creek near the 15th green and Phase II is for the installation of gabion retaining walls on Singing Hills Creek near the 9th green. The City requested bids in accordance with city policy and competitive bids were received from five contractors. The bids received contained a base bid for all work related to Phase I and an additive alternate bid for all work related to Phase II. Staff reviewed and evaluated the bids and based on contractor pricing as compared to the total available budget for the combined projects, staff is recommending accepting the base bid from Environmental Safety Services Inc. (ESSI) in the amount of $153,170. The base bid s' City Council Minutes December 10, 2012 Page 14 will address the most imminent need and top priority of the two projects based on existing conditions. Award of the base bid will address bank erosion at Singing Hills Creek near the 15th green which in recent years has compromised Bridge 8. Funding will be transferred from (PK1206) to (PK1205) to complete the project. Phase II Erosion Project (PK1206 Alternate Bid) will be addressed in future years as conditions are warranted. COUNCILMAN TURNAGE MOVED TO APPROVE PU 2012-035. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2012-102 APPROVE A RESOLUTION AUTHORIZING AND ENDORSING THE APPLICATION FOR THE 2013 "OUR TOWN" GRANT PROGRAM BY THE NATIONAL ENDOWMENT FOR THE ARTS FOR VARIOUS CREATIVE PLACEMAKING PROJECTS ASSOCIATED WITH THE NEW MUNICIPAL COMPLEX - RESOLUTION NO. 2012-030 APPROVED Clayton Comstock, Senior Planner, summarized the item. The City Council is being asked to approve a resolution authorizing and endorsing the application for the 2013 "Our Town" grant program by National Endowment for the arts for various creative placemaking projects. Staff reviewed a number of possibilities throughout the city that could meet the criteria for the National Endowment grant. The project that seemed most appropriate was the new municipal complex. Staff recommends approval of Resolution No. 2012-030 authorizing and endorsing the grant application for the supplemental funding for art and placemaking projects associated with the new municipal complex. MAYOR PRO TEM LOMBARD MOVED TO APPROVE RESOLUTION NO. 2012-030, GN 2012-102. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. G.0 EXECUTIVE SESSION ITEMS GA ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA t City Council Minutes December 10, 2012 Page 15 B.1 REGARDING AN ECONOMIC DEVELOPMENT CONTRACT IN CENTRAL SECTOR OF CITY APPROVED Craig Hulse, Economic Development Director, presented the item. AC Crossing Partners is the new owner of the Crossing Shopping Center located on the northwest corner of Boulevard 26 and Precinct Line, in between the Kroger Signature and Kohl's department store. AC Crossing Partners developed a plan to increase the center's level of occupancy with quality retail tenants that benefits not only the Crossing Shopping Center but the city as a whole. In order to implement this plan to attract quality retailers, AC Crossing Partners has to provide a significant amount of upfront expense while sacrificing industry standard levels of return. To offset these financial hurdles and enhance the plan's likelihood for success, AC Crossing Partners approached the city for assistance. Staff has reviewed the plan and given the potential for additional quality retail business, staff recommends a 5 year sales tax rebate on the incremental sales tax generated within the center will solidify the success of their plan. This rebate is on a portion of the incremental revenues generated from the 1 cent general fund sales tax and does not leverage the existing sales or property tax base. It is a performance based rebate based upon achieving levels of occupancy, increasing sales tax and recruiting long term retail tenants. MAYOR PRO TEM LOMBARD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN ECONOMIC DEVELOPMENT GRANT AGREEMENT WITH AC CROSSING PARTNERS, LLC. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. B.3 CONSULT WITH ATTORNEY TO SEEK ADVICE ABOUT PENDING OR CONTEMPLATED LITIGATION - RUFE SNOW DRIVE PROJECT CONDEMNATIONS APPROVED George Staples, City Attorney, presented the item. The Rufe Snow project has 15 owners who have not been able to agree on the purchase price of right of way after being offered appraised value for their property. At this point, State Law requires that Council authorize staff to file eminent domain by approving a resolution for each property. Staff recommends approval of Resolution Nos. 2012-031 through 2012-043, 2012-045, 2012-046, 2012-048. City Council Minutes December 10, 2012 Page 16 MAYOR PRO TEM LOMBARD MOVED TO APPROVE RESOLUTION NOS. 2012-031 THROUGH 2012-043, 2012-045, 2012-046 AND 2012-048. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. B.4 PERSONNEL: TO DELIBERATE THE EMPLOYMENT, EVALUATION, DUTIES OF PUBLIC EMPLOYEES - CITY MANAGER APPROVED Mayor Trevino announced that during Executive Session Council discussed the employment contract of the City Manager Mark Hindman. COUNCILMAN TURNAGE MOVED THAT THE EMPLOYMENT CONTRACT FOR MARK HINDMAN AS CITY MANAGER BE APPROVED. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilwoman Wright Oujesky made the following announcements. NRH2O's 2013 Season Passes are now on sale. Purchase your pass before December 31st and receive a discount, plus a souvenir bottle and free tickets for friends. For more information, please call 817-427-6500 or visit www.nrh2o.com. City offices will be closed for the holidays on December 24th and 25th and on January 1st. Residential garbage and recycling will not be picked up on Christmas Day or New Year's Day. Because of the holidays, Tuesday collections will be made on Wednesday instead. The December 24th City Council Meeting has been canceled. The next meeting is scheduled for January 14th at 7 p.m. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize the: City Council Minutes December 10, 2012 Page 17 Fix It Blitz Volunteers — Several thank you cards and notes were received from residents expressing appreciation for the work recently performed during the Fall Fix it Blitz. "It means a lot to us to live in a city that cares about their citizens," one of the notes said. Councilman Welch made the following announcement. As the representative and secretary for the Fort Worth Wholesale Water and Wastewater Advisory Committee, I received some new information last week, at our December meeting, about regional lake levels and it looks like we may need to implement the drought contingency plan again in the near future. With above normal temperatures and below normal rainfall for the past several months, the reservoir capacity is at 78% and is declining at a rate of about 1% every two weeks. Without significant rainfall, we could be at 75% capacity by mid-January which will trigger Stage 1 of the drought contingency plan. You may recall from last year that under State 1 outdoor watering is limited to twice per week. We'd like to remind everyone that lawns and landscaping require less water during the winter months. We encourage you to adjust your sprinkler systems now to help conserve water. We will be receiving an update on this situation next week and encourage residents to watch for more information in the coming weeks on the city's website and in their water bills. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 9:45 P. ���aum�uaunu�� .X H L.4Nm���''% Oscar tre v n Mayor In ATTE41" Patricia Hutson, City Secretary