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Home My WebLink AboutCC 2005-06-27 Agendas .. · · · CITY OF NORTH RICH LAND HILLS PRE-COUNCIL AGENDA JUNE 27, 2005 - 6:00 P.M. For the Regular Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from June 27,2005 City Council Meeting (5 Minutes) 2. I R 2005-086 Update of Health Insurance Program (10 Minutes) 3. IR 2005-087 Discuss Legislative Update (10 Minutes) 4. I R 2005-070 Review of the Council Travel Policy (10 Minutes) *Executive Session - The Council may enter into closed 5. Executive Session to discuss the following: Deliberation Regarding Real Property as Authorized by Texas Government Code §551.072: Land Acquisition of Library Site 6. Adjournment *Closed due to subject matter as provided by the Open Meetings law. If any action is contemplated, it will be taken in open session. P.OSTED .tp ,.~" I {)'5 ..-..--- DatE" li', ð () A..Ml. Time ~ C!ty sea~y.. ß By ~ ~ 06/27/05 City Council Agenda Page 1 of 3 ,. . . CITY OF NORTH RICH LAND HILLS CITY COUNCIL AGENDA JUNE 27, 2005 -7:00 PM For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. . NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Councilwoman Compton 3. Pledge - Councilwoman Compton 4. Special Presentations Proclamation - National Parks and Recreation Month Yard of the Month 5. Citizens Presentation 6. Removal of Item( s) from the Consent Agenda e 06/27/05 City Council Agenda Page 2 of 3 ~ . . . e NUMBER ITEM ACTION TAKEN 7. Consent a. Minutes of the June 13, 2005 Council Agenda Meeting GN 2005-070 b. Correction to December 13, 2004 City Council Minutes GN 2005-061 c. Approve Interlocal Agreement for AFIS (Automated Fingerprint Identification System) with Grapevine, Hurst, Euless and Bedford Police Departments- Resolution No. 2005-052 PU 2005-024 d. Authorization to Participate in the City of Hurst Contract for the Annual Slurry Seal Application Program - Resolution No. 2005-053 Acceptance of Report from Mayor on 8. GN 2005-062 Appointment of Council Representative to Quad Cities DFW Foundation Appointments to Places 1, 3, 5 and 7 to the 9. GN 2005-063 Boards and Commissions 10. GN 2005-064 Appointments to the Civil Service Commission Appointments to Park and Recreation Facilities 11. GN 2005-065 Development Corporation - Places 2, 4 & 6 Appointments to the South Grapevine Highway 12. GN 2005-068 Corridor OversiQht Committee Appointments to Animal Control Shelter 13. GN 2005-069 Advisory Committee - Places 1 & 3 Amendment to Council Rules of Procedure 14. GN 2005-066 Pertaining to Citizens' Presentations and Public Statements - Ordinance No. 2836 Approve Contract for Legal Services - 15. GN 2005-067 Resolution No. 2005-055 Action on Any Item Discussed in Executive 16. Session listed on Pre-Council Agenda 17. Information and Reports - Councilman Lewis 18. Adjournment 1tf PŒFED ~~ I ()5 DatE" ~'. bO AJf\, ---- 06/27/05 City Council Agenda Page 3 of 3 Time A~. City Secret.~ . I {)...t~ Y4'~~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2005-086 ^, Date: Y Subject: June 27, 2005 Health Insurance Update As discussed during last year's mid-year budget work session, effective January 1, 2005, several important changes were made to the City's health plan: (1) United Healthcare became the City's medical claims administrator and medical network; (2) a consumer driven health plan was added as a third plan option for employees; and (3) employee and dependent health insurance premiums increased. Through the month of May 2005, it appears that the changes made in January are working and based on past claims experience, it is anticipated that we should finish at or below budget by the end of the year. During the Pre-Council session on June 27, 2005 City staff will provide a more detailed update to the City Council on the status of the City's health insurance plan as well as discuss proposed changes for Plan Year 2006. Respectfully submitted, ~ Patrick Hillis Director of Human Resources INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2005-087 ~ Date: June 27, 2005 T Subject: State Legislative Update The 79th Regular Session of the Texas Legislature ended on May 30,2005. There were a total of 5,369 bills introduced, 1,200 or so related to cities. Out of the 1,397 bills passed, approximately 105 were city-related. Of the 105 or so bills that passed the legislature, six were vetoed by the governor. We will be attending a Texas Municipal League (TML) legislative briefing Friday, June 24. The City Manager will be making a report to Council at the June 27 Pre-Council meeting on the bills that have the potential of the greatest impact on our City. ~' Karen Bostic Managing Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS NI~H . CITY OF NORTH RICHLAND HILLS MEMO TO: Honorable Mayor and Members of the City Council FROM: Larry J. Cunningham, City Manager SUBJECT: Supplement to IR #2005-087 - Legislative Update DATE: June 27,2005 In IR #2005-087 we mentioned to Council that we would be providing an update of the Legislative session that occurred these last several months. Although there were a number of bills that were passed that affected cities, we are highlighting only those that have the most significant impact on the City of North Richland Hills. If we determine that there are others that have greater impacts than we originally believed, we will certainly give you a further report on those. Attached is a listing of the Legislative Update that we will be presenting to Council in Pre-Council Meeting this evening, as well as a Memorandum from our City Attorney, . giving his assessment of some of the legislation as well. Again, we will continue to review bills that were passed that affect cities, and if we find others that are of any major consequence to the City of North Richland Hills, we will bring those to your attention in the future. L~~ City Manager . CMM 2005-019 · · · North Richland Hills Legislative Update of the 79th Texas Legislative Session Finance and Administration Property Tax S.B. 18 - Property Taxes: modifies current truth-in-taxation provisions: (1) two separate hearings on tax increases; (2) requires notice and hearings for any increase over the effective rate, as opposed to three percent or more as required by current law; (3) requires that a detailed 5-year history of taxes paid and appraisals be included in each tax bill; (4) lowers the petition threshold on rollback elections from 10% of registered voters to 7% of registered voters (modifications to this law as well as current law could occur during the special session that has been called on school finance) S.B. 771 - Tax Increment Financing: makes the following changes regarding tax increment financing zones (TIFZ): (1) allows certain open space land in cities over 100,000 population to qualify as a TIFZ; (2) clarifies that certain TIFZ serve a public purpose; (3) provides that the municipal bidding and purchasing laws do not apply to TIFZ expenditures; (4) clarifies that TIFZ, upon approval of the city council, have all the economic development powers of a city under Chapter 380 of the Local Government Code, including grant power; (5) permits the pledge of tax increment to pay the cost of city services within a zone; and (6) permits the city to determine how much tax increment to pledge to zone projects S.B. 1652 - Property Taxes: does the following: (1) requires an appraisal district to develop every two years a procedure for reappraising property within the district; (2) exempts certain farm and ranching equipment from property taxes; and (3) exempts certain used automobiles from property taxes when they are present at a dealer less than 60 days H.B. 3195 - Sales Tax: permits a city to reduce or repeal an optional city sales tax and increase or institute a different optional city sales tax with one, combined ballot proposition. The bill also provides that: (1) the combined proposition must contain substantially the same language as is required for each of the taxes to be raised or lowered; (2) a negative vote has no effect on either tax; and (3) the combined proposition may only be used for elections called by a city council. PurchasinQ H.B. 664 - Purchasing: authorizes the city to give a preference to a local bidder if: (1) the local bid is within five percent of the lowest bid that isn't local, and (2) the city's governing body finds in writing that the local bid offers the best combination of price and economic development factors such as local employment and tax revenues Page 1 of 6 · · · North Richland Hills Legislative Update of the 79th Texas Legislative Session H.B. 914 - Purchasing/Conflicts of Interest: requires each member of a municipal governing body to file certain "conflicts disclosure statements." Here are some of the details: 1. the statement will relate to any person who does business with the city or is being considered by the city for a business relationship; 2, the elected official's statement must identify an employment or other business relationship that the elected official (or any member of the elected official's family) has with any person defined in #1 ahove, if that relationship results in taxable income for the elected official or a family member; 3. the statement must report whether a person defined in #1 above has given one or more gifts with an aggregate value of more than $250 to the elected official or a family member in the previous 12 months; Elections H.B. 57 - Election Dates: makes several changes to election dates and procedures, including eliminating the first Saturday in February and the second Saturday in September as uniform election dates;' leaving two dates for elections during the calendar year H.B. 2309 - Elections: provides a comprehensive plan for election procedures Others S.B. 1 - State Budget: reduces funding available for local parks grants during the 2006-7 biennium as follows: (1) cuts the transfer of sporting goods sales taxes to the local parks program from $8.14 million per year in 2004-5 to $5.23 million per year in 2006-7; and (2) cuts general fund revenue to the local parks program from $4.87 million per year in 2004-5 to $0.42 million per year in 2006-7. Open Government H.B. 2381 - Open Meetings Notice: provides that if the Open Meetings Act specifically requires or allows a governmental body to post notice of a meeting on the Internet: (1) the governmental body satisfies the requirement that the notice must be posted in a place readily accessible to the general public at all times by making a good-faith attempt to continuously post the notice on the Internet during the prescribed period; (2) the governmental body must still comply with any duty imposed by the Act to physically post the notice at a particular location; and (3) if the governmental body makes a good-faith attempt to continuously post the notice on the Internet during the prescribed period, the notice physically posted at the location prescribed by the Act must be readily accessible to the general public during normal business hours. Page 2 of 6 · · · North Richland Hills Legislative Update of the 79th Texas Legislative Session S.B. 286 - Open Government Training: requires certain public officials to complete open government training. Here are some of the details: 1. Each elected or appointed member of a governmental body shall complete an open meetings training course of not less than one nor more than two hours. 2. The training must be completed not later than 90 days after the member takes the oath of office or assumes the responsibilities of the office. 3. Course completion may not later by used as prima facie evidence of a "knowing" violation of the open meetings act. 4. The bill becomes effective on January 1, 2006, and any person who is required to take a training course and is in office on January 1, 2006, must complete the required training by January 1, 2007. S.B. 623 - Public Information Act: provides that a new request for public information is considered withdrawn if the requestor fails to make a deposit or bond (for unpaid amounts related to previous requests) within ten days after the deposit or bond due date. Municipal Courts H.B. 1575 - Juvenile Delinquency: authorizes a city council to: (1) employ juvenile case managers to assist in administering the municipal court's juvenile docket; and (2) assess a $5 court fee against minors convicted of fine-only offenses to fund the new case managers' salaries. S.B. 1863 - Municipal Court: requires a city with a population of greater than 100,000 to: (1) implement a program to improve collection of court fines and fees; (2) submit an annual report to the Office of Court Administration; and (3) submit to periodic program audits by the state comptroller. The bill also provides that: (1) a city is entitled to retain a collection fee only if the comptroller's office determines that the city's collection program complies with state requirements; and (2) a city that does not implement a program shall send 100 percent of any $25 time payment fees collected by the city to the comptroller. Regulation of Development H.B. 265 - Building Permits: requires a city to either grant, deny, or provide written notice to an applicant stating the reasons that the city has been unable to act on a building permit within 45 days after an application is submitted. A city that chooses to provide the written notice must either: (1) grant or deny the permit not later than the 30th day after the date the notice is received; or (2) either not collect or refund any fees associated with the permit. Page 3 of 6 · · · North Richland Hills Legislative Update of the 79th Texas Legislative Session S.B. 574 - Permit Vesting: provides that a city: (1) may not enforce landscaping, tree preservation, open space, or park dedication regulations against the holder of a vested permit; (2) may not enforce zoning regulations that affect property classification against the holder of a vested permit; (3) may place on a project an expiration date that is no earlier than the fifth anniversary of the date the first permit application was filed for the project, if no progress has been made toward completion of the project; (4) may place an expiration date of not less than two years on an individual permit if no progress has been made toward completion of the project; and (5) does not have immunity from suit for an action regarding a vested permit. S.B. 848 - Permit Vesting: makes several changes to the "permit vesting" statute, including: (1) expands the definition of a permit for which a developer's rights would "vest" under current regulations to include a contract or other agreement for the construction or provision of a city-owned or city-controlled utility; (2) provides that a permit vests when the original application for a permit is filed for review for any purpose, including review for administrative completeness, or when a plan for development of real property or a plat application is filed; (3) authorizes a city to provide that a permit application expires on or after the forty-fifth day after the date the application is filed if the application is incomplete, the city provides notice, and the applicant fails to respond. S.B. 1458 - Building Codes: provides that: (1) the International Building Code is adopted as the municipal building code in Texas for commercial and multi-family construction; (2) a city may establish procedures to adopt local amendments to the International Building Code and for the administration and enforcement of the code; (3) a city that has adopted a more stringent commercial building code before January 1, 2006, is not required to repeal that code and may adopt future editions of that code; and (4) the National Electrical Code applies to all commercial buildings in a city for which construction begins on or after January 1,2006, and to any alteration, remodeling, enlargement, or repair of those commercial buildings. Econom ic Development S.B. 1199 - Sales Taxes/Tax Increment Financing: permits cities to pledge sales tax increases to fund projects in tax increment finance zones. Personnel H.B. 304 - Meet and Confer: authorizes certain cities and police officer associations to meet and confer. Here are the details: 1. If a municipal governing body receives from a police officer association a petition signed by a majority of the police officers requesting recognition as the sole bargaining agent for police officers, the governing body shall either: Page 4 of 6 · · · North Richland Hills Legislative Update of the 79th Texas Legislative Session a, recognize the association and meet and confer with it, or b. order a certification election on the question of whether the association represents a majority of the affected police officers, or c. order an election by the city's voters on the question of whether the associatio~ and the city may meet and confer. 2. If a city and a police officer association meet and confer, they may discuss wages, salaries, hours of work, and other terms and conditions of employment. H.B. 2892 - Meet and Confer: this bill is virtually identical to H.B. 304 (above), except that where H.B. 304 relates to police officers, this bill relates to firefighters. Affected cities (there are roughly 100 affected cities) S.B. 310 - Disease/Illness Presumption: creates a presumption that certain diseases or illnesses suffered by a firefighter, an emergency medical technician, or a certified and "actively serving" volunteer firefighter are work-related. A presumption will trigger workers' compensation benefits. Here are the details: 1. The bill applies to a firefighter or EMT who: (a) received a physical exam when first employed or during employment that did not reveal the illness or disease for which presumption benefits are sought, (b) has been employed as a firefighter or EMT for five years or more, and (c) seeks benefits for a disease or illness discovered while employed as a firefighter or EMT. 2. The bill defines "actively serving" as a volunteer firefighter as participating in 40 percent of the drills and 25 percent of the fire/emergency calls. Public Safety S.B. 399 - Fines and Penalties: provides that neither a person who is an employee of a real property owner nor a company that manages the property is personally liable for criminal or civil penalties resulting from a violation of a city ordinance if: (1) the city has issued a certificate of occupancy or a certificate of completion for the property; and (2) the employee or management company provides the owner's name, street address, and phone number to the city official who issues the citation or that official's superior. The bill also provides that if the property owner's address is not in Texas, the employee or management company is considered the owner's agent for accepting service of the citation of violation. Transportation H.B. 2702 - Transportation: this is the session's omnibus transportation bill governing regional mobility authorities and the Trans-Texas Corridor. Among many other things, the bill: Page 5 of 6 North Richland Hills Legislative Update of the 79th Texas Legislative Session · 1. provides that the Texas Department of Transportation (TxDOT) and a public utility shall share equally the cost of the relocation of a utility facility that is made after September 1, 2005, and before September 1, 2007, and that is: (a) required by the improvement of a nontolled highwç¡y to add one or more tolled lanes; (b) required by the improvement of a nontolled highway that has been converted to a turnpike project or toll project; or (c) required for the construction on a new location of a turnpike project or toll project or the expansion of such a turnpike project or toll project. 2. Grants local voters an opportunity to vote on the conversion of a state highway to a toll road at an election paid for by the affected local government. 3. Prohibits the operation of a "pocket bike" (mini-motorbike) on a public highway, road, or street or a bicycle path. 4. Prohibits a judge from granting deferred adjudication to a commercial driver's license holder for a moving violation. 5. Authorizes TxDOT and a public or private entity to contract with an agency of this state or a local government for the services of peace officers employed by the entity to enforce laws related to the regulation and control of vehicular traffic on a state highway and the payment of the proper toll on a toll project. 6. Authorizes a regional tollway authority or regional mobility authority to transfer any of its projects to one or more local governmental entities under certain circumstances. 7. Transfers state regulatory authority over railroads from the Texas Railroad Commission to TxDOT. 8. Authorizes a political subdivision to consent to the use of its property for state highway purposes without the necessity of bidding or other procedures. 9. Authorizes TxDOT to enter into an agreement with a public entity to permit the entity to design, develop, finance, construct, maintain, repair, or operate a toll project. · · Page 6 of 6 · · · MEMORANDUM To: City Council and staff From: George A. Staples, Attorney Date: June 16, 2005 Re: New legislation affecting cities While not an exclusive list, the following legislative changes will affect the way cities do business. Unless 'Otherwise noted these changes will become effective September 1 of this year. If you desire the full text of any of these or other bills, they are available on the legislative web site (www.capito1.state.tx.us ). OPEN MEETINGS, RECORDS TRAINJNG. Every elected and appointed member of the city council in office on January 1, 2006 must complete a one to two hour open meetings course and a one to two hour open records course by January 1, 2007 and thereafter every newly appointed or elected member must complete this within 90 days of taking the oath of office. SB 286 requires the attorney general to make a video tape available at no cost and each city must maintain training certificates of council members. A city may provide the training if approved by the attorney general. A public information coordinator may be designated by a council member to satisfy training requirement for the open records training requirement. Since the city secretary is the person who is primarily responsible for city records, the council will wan to designate her and make sure she receives the required training. UNIFORM ELECTION DATES CHOPPED; EARLY VOTING AND CANVASS CHANGES. The permitted four uniform election dates were reduced to two by HB57, thus eliminating the February and Saturday dates and changing the canvass for May city elections to not earlier than the third day after election date and not later than the 11 th day after elections; with an exception if ballots from outside the U.S. are counted. The time for early voting by personal appearance has been reduced from the 12th day through the 4th day before elections. CONFLICTS DISCLOSURE STATEMENTS. Effective January 1, 2006, every city council member and Mayor must file a statement relating to every person who does business with the city or is being considered for a business relationship. HB 914 requires identification of employment or other business relationship that the elected official or a member of his family has that results in taxable income, or gifts with aggregate value exceeding $250 in the previous 12 months. Each person who contracts or begins negotiations with the city must also complete a statement. Statement access must be provided on city's website, if it has one. The Ethics Commission is to develop fOTITIs. FAll.,URE TO FILE STATEMENT IS A CLASS C MISDEMEANOR. . . e BUILDING PERMITS. HE 265 enacts 3214.904, Texas Local Government Code effective September 1,2005 requiring that on or before the 45th day after building pennit application is submitted, a municipality must grant or deny the permit, provide written notice to the applicant stating reasons why the municipality has been unable to grant or deny, or enter into a written agreement with the applicant providing a deadline for granting or denying the permit. If the notice is provided stating the reasons for inability to grant or deny, the permit must be granted or denied within 30 days after the notice is received. If the permit is not timely granted or denied, any permit fee must be refunded. This new law applies only to permit applications submitted on or after September 1,2005. VESTED RIGHTS. SB 574, effective September 1, 2005 amends Chapter 245 of the Texas Local Government Code (Vested Rights Act) by further limiting the ability of municipalities to amend zoning of property for which a preliminary plan of any kind has been filed. This law removes the exemption for involuntary zoning regulations which affect property classification, landscaping or tree preservation, open space or park dedication. It also eliminates exemptions for annexation regulations and safety regulations concerning landscaping, tree preservation, open space and park dedication. The dormant projects provisions of §244.025 have been amended to allow a two year expiration period for individual pennits, but the five year period for a project being deemed dormant remains. A new provision has been added waiving immunity from suit. INFRASTRUCTURE CHARGES. HE 1835 creates a new §212.904, Texas Local Government Code which requires that if a municipality requires that a developer pay a portion of the cost of municipal infrastructure improvements by dedicating property, paying fees, or paying construction costs, a licensed professional engineer retained by the municipality shall determine the amount required for infrastructure improvements that are roughly proportionate to the proposed development and the developer's share shall not exceed that amount. The new law provides that a developer may appeal a determination by the engineer to the city council and present evidence and testimony and the council must decide the matter within 30 days after such presentation. The developer has a right of appeal to the county or district court and may collect costs, attorney fees, and expert witness fees. No such relief is available to a city. Cities cannot require waiver of appeal. This law does not affect impact fee laws. . . e This statute will affect the way most cities, particularly smaller cities, do business. Cities should review their charges to developers for plan and subdivision review to ensure that adequate charges are being made to pay for the required engineering services. A review of requirements for dedications and infrastructure improvements not covered impact fees is strongly advised. MORATORIA. HB 3461 effective September 1,2005 amends §212.131 et seq., Texas Local Government Code by making current procedural requirements for and restrictions on residential moratoria, applicable to a moratorium on commercial development within a municipality. The legislation also snuck in a new general limitation on moratoria generally that exempts property protected by Chapter 245 01 ested Rights) from moratoria of all kinds. There is a separate set of findings required for a cOJ:?Illercial moratorium and a shorter initial expiration period for a commercial moratorium than on residential property and absolute limits on extensions. ECONOMIC DEVELOPMENT. 4A and 4B corporations will now be allowed by HB 2928 to fund projects for sewer utilities and infrastructure site improvements for cities with less than 20,000 population, 4B corporations can fund proj ects which promote new or expanded businesses without requirement for specific types of jobs (retail projects again eligible). Such projects must be authorized by a resolution of the city council passed on two readings if the project exceeds $10,000.00. HJR 80 sets a November Constitutional Amendment date for voters to consider amendment legalizing Chapter 380 grants of sales tax funds, which were questioned in court as unconstitutional creation of debt. MEETING NOTICES ON WEBSITE. Cities with populations of 48,000 or more and their econòmic development corporations are required to post agendas on their web sites if they have one. NEW SIGN REQUIRED FOR CITY SKATE, SKATEBOARD, ROLLER BLADE, HOCKEY. If a City has a skate, skateboard, roller blade, hockey, in-line hockey or in-line skate facility, SB 1224 and HB616 now require a revised sign if the City is to preserve its recreational liability limitations. Such sign must now read: TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE LIABILITY OF A GOVERNMENTAL UNIT FOR DAMAGES ARISING DIRECTLY FROM HOCKEY, IN-LINE HOCKEY, SKATING, IN-LINE SKATING, ROLLER SKATING, SKATEBOARDING OR ROLLER BLADING ON PREMISES THAT THE GOVERNMENTAL UNIT OWNS, OPERATES, OR MAINTAINS FOR THAT PURPOSE. This same legislation adds to the protected recreational activities already extant under Sec. 75.001, Civil Practice and Remedies Code the following: bicycling and mountain biking, disk golf, on-leash and off-leash dog walking, off-road motorcycling, off-road automobile driving and use of · · · all-terrain vehicles. The protection offered is that if there is no charge for such activities, no more care is offered than to a trespasser. MENTAL HEALTH TRAINThTG FOR POLICE. SB 1473 requires training for chiefs and officers on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. LITIGATION. HB 2039 waives governmental immunity of a city from suit on a contract it enters into and prohibits recovery of attorney fees unless there is a provision for such fees by specific reference to Sec. 271.159, Texas Local Government Code. This bill also makes contractual undertakings for arbitration and mediation enforceable against cities. TAX LAW. Unable to agree on how to fund schools, the legislature and governor have no problem making city tax requirements more onerous. SB-18 requires (1) that the city council take a record vote on adopting a tax rate that exceeds the effective rate. (Effective rate is the tax rate which would produce the same revenue as the previous year, not considering new construction). This is not a big deal since typically the minutes will reflect who voted; (2) requires that the motion to adopt a tax rate exceeding the effective rate contain the following language: "I move that property taxes be increased by the adoption of a tax rate of ."; (3) for a rate that will increase the amount of taxes to fund maintenance and operation expenditures over the previous amount, the tax ordinance must include in oversize type the following: "THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEARS TAX RATE." If the maintenance and operations tax rate will exceed the effective rate, additional language will be required. "THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS OF A $100,000.00 HOME BY APPROXIMATELY $ ." 'If the city maintains a web site it must include these same statements on its home page. This bill also requires two public hearing and publications before a tax exceeding the lower of the effective rate or the rollback rate is adopted. The public hearings requirement has been modified to require that the second public hearing must be at least three days after the first hearing. The notice for required public hearings must be published at least 7 days before the day of the hearing on a 1/4 page of a newspaper with headline in 18 point or larger type must now read as follows: "Last year, the (name of taxing unit) property tax rate was $(insert tax rate adopted in preceding tax year). That rate raised $(insert total amount of taxes imposed in the preceding tax year), a portion of which was used to fund operations such as (insert sample descriptions of unit's operations) . . . e "This year, (name of taxing unit) is proposing a property tax rate of $(insert proposed tax rate). That rate would raise $(insert total amount oftaxes that would be imposed), which is $(insert appropriate amount) more than the taxes imposed last year. "There will be two public hearings to consider that increase. The first public hearing will be held on (date and time) at (meeting place). The second hearing will be held on (date and time) at (meeting place). "You have a right to attend the hearings and make comments. You are encouraged to attend and make comments is you wish." This notice replaces a rather more detailed requirement. The notice must be posted on the city's web site ifit has one from the time of the first notice until the second public hearing is concluded. Other requirements for notices and proceedings to establish taxes remain unchanged. Rollback petition requirements have been changed to reduce from 10% to 7% of registered voters required to force a rollback if the maintenance and operations tax will produce $5,000,000.00 or more. .AB is frequently the case with the legislature, they often pass conflicting laws. Although SB 18 reduced the content of required notices for hearings on tax increase, SB 567 increased required content with the headline in 24 point or larger type. "NOTICE OF PUBLIC HEARING ON TAX INCREASE "The (name of the taxing unit) will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by (percentage by which proposed tax rate exceeds lower of rollback tax rate or effective tax rate increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. "The public hearing will be held on (date and time) at (meeting place). "(Names of all members of the governing body, showing how each voted on the proposal to consider the tax increase or, if one or more were absent, indicating the absences.)"; and (2) contain the following information: (A) a section entitled "Comparison of Proposed Budget with Last Year's Budget," which must show the difference, expressed as a percent increase or decrease, as applicable, in the amount budgeted in the preceding fiscal year and the amount budgeted for the fiscal year that begins in the current tax year for each of the following: (i) maintenance and operations; (ii) debt service; and (iii) total expenditures. . (B) a section entitled "Total Appraised Value and Total Taxable Value," which must show the total appraised value and the total taxable value of all property and the total appraised value and the total taxable value of new property taxable by the unit in the preceding year and the current tax year as calculated under Section 26.04; (C) the total amount ofthe outstanding and unpaid bonded indebtedness of the taxing unit; (D) the unit's adopted tax rate for the preceding tax year and the proposed tax rated, expresses as an amount per $100; (E) the difference, expressed as an amount per $100 and as a percent increase or decrease, as applicable, in the proposed tax rate compared to the adopted tax rate for the preceding tax year; (F) the average appraised value of a residence homestead in the taxing unit in the preceding tax year and an exemption available only to disabled persons or persons 65 years of age or older, applicable to that appraised value in each of those years; and the average taxable value of a residence homestead in the unit in each of those years, disregarding any homestead exemption available only to disabled persons or person 65 years òf age or older; (G) the amount of tax that would have been imposed by the unit in the preceding tax year on a residence homestead in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older; (H) the amount oftax that would be imposed by the unit in the current tax year on a residence homestead appraised at the average appraised value of a residence homestead in the current tax year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older, if the proposed tax rate is adopted; and (I) the difference between the amount oftax calculated under Paragraphs (G) and (H), expressed in dollars and cents and described as the annual increase or decrease, as applicable, in the tax to be imposed by the unit on the average residence homestead in the unit in the current tax year if the proposed tax rate is adopted. . G.A.S. GAS :sdr e W:\NRH\General (3289.004)\Memos\City Council new Jegislation.wpd INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR# 2005-070 e ~ Date: T Subject: June 27, 2005 Review of Council Travel Policy Councilwoman JoAnn Johnson requested that an item be placed on the Pre-Council Agenda to review the Council Travel Policy. Should Council decide that it wants to make any changes to the policy, Council can indicate the changes wanted and Staff can have those incorporated into a revised policy. Respectfully Submitted, ~h} , Lar~ ~d2nning~ City Manager e LJC/ag - ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS CITY COUNCIL POLICY NUMBER EFFECTIVE DATE PAGE OF - CC - 0001 Janua 2002 1 4 TRAVEL POLICY REV SUPERCEDES APPROVED I. GENERAL: Council and Mayor travel and training functions are generally planned during the budget process. In some instances lack of foreknowledge of an event precludes this. In any case, the total amount budgeted for Council Department's travel will not be exceeded without approval of the City Council. This policy shall apply to the Mayor and Council and their accompanying spouses of the City of North Richland Hills for attending conferences, educational meetings and business trips. Mayor and Council travel must be authorized either in the approved budget, or if not in the budget, the Mayor.or Council member must seek approval for the travel. References in this policy to Council refers to both Mayor and Council. II. TRAVEL AUTHORIZATION: Revised 01/04102 A Travel Authorization Request must be prepared by the City Secretary, approved by the appropriate parties, and submitted to the Finance Department at least ten (10) days prior to any Council member (and their accompanying spouse) traveling at city expense if the travel involves an ovemight stay and fourteen (14) days in advance if a travel advance will be requested. The form shall include a description of the function to be attended, dates, purpose and an itemized estimate of all expenses associated with the trip. The estimates should include both prepaid expenses (such as registration and airfare) and costs required for gratuities, accommodations, food, etc. Travel expenses of spouses accompanying Council members are authorized for payment by the City. The Finance Department will forward the completed form to the Budget Department for verification that funds are available. The Budget Department will then forward the form to the City Manager's Office for approval. Upon approval, the Finance Department will process requests for an advance when needed. The Travel Authorization Request will be kept on file until matched with the Council's Travel Expense Report Form after trip completion. A Travel Authorization Request is not required for business travel when all of the following conditions exist: A. Total anticipated expenses are less than $500.00. CITY OF NORTH RICHLAND HILLS AD-001A CITY COUNCIL POLICY NUMBER EFFECTIVE DATE Janua 2002 PAGE OF TRAVEL POLICY CC-0001 REV 2 4 SUPERCEDES APPROVED B. An advance for travel expenses is not requested. C. Expenses will be charged on a credit card or reimbursed after returning. D. Travel is. in-state. III. MEALS AND GRATUITIES: The Council has two options relative to expenditures for meals and gratuities: A. Council may be reimbursed for actual· expenses to the extent that they are supported by valid receipts. B. The Council may receive a $37.00 daily per diem. This represents the standard amount which is allowable for meals and gratuities whereby receipts are not necessary. Meals and gratuities are considered reimbursable. Per diem is applicable no earlier than the evening before the meeting/seminar begins and concluding no later than the evening the meeting/seminar ends. Reimbursement for meals and gratuities does not apply to those meals included in the registration cost. Pre-paid meals must be excluded from any reimbursement request or per diem request. Council and spouse may each be reimbursed for actual expenses or per diem. When the per diem option is selected, it may be allocated as follows: Breakfast $7.00 Lunch $10.00 Dinner $20.00 IV. TRAVEL EXPENSE REPORT: The Travel Expense Report must be submitted to the Finance Department within ten (10) working days following trip completion. Failure to comply may, at the discretion of the City Council, result in deduction of the travel advance from the Council's next paycheck. Any funds due the city will be paid to Central Cashier. Central Cashier will accept cash or checks and issue a receipt. Revised 01/04102 CITY OF NORTH RICHLAND HILLS AD-001A CITY COUNCIL POLICY NUMBER EFFECTIVE DATE PAGE OF CC-OOO 1 Janua 2002 3 4 TRAVEL POLICY REV SUPERCEDES APPROVED V. BUDGET DEPARTMENT RESPONSIBILITIES: The Budget Department will receive and review the Travel Authorization Request. If sufficient funds are available and the trip is properly budgeted, Budget will sign the form and forward itto the City Manager's Office for final approval. VI. FINANCE DEPARTMENT RESPONSIBILITIES: The Finance Department will be the primary record administrator for Travel Authorization Request forms and Travel Expense Report forms. When a Council member has not submitted a Travel Expense Report within ten (10) working days, the Finance Department will contact the City Secretary to determine if extenuating circumstances exist. If not, the Council member will be notified and the payroll section may also be notified of any prepaid travel advances that are to be withheld from the next paycheck. When expense reports are submitted, they will be reviewed for accuracy. Original receipts and/or credit card copies must match the Travel Expense Report. Any exceptions to this requirement will be handled based on the circumstances, with benefit to the City being the primary consideration. VII. TRANSPORTATION: To the maximum extent possible, the least expensive mode of travel shall be used as the basis for transportation reimbursement. This may be by air carrier, train, rental or personal vehicle. Should a Council member elect to use a personal vehicle, reimbursement will be made at the mileage rate allocated by the Federal Government for Income Tax purposes for auto use plus fuel cost. Transportation for non-conference or non-business meeting trips shall be excluded from reimbursement by the city and reimbursement for mileage within the metroplex is also excluded. VIII. NON-REIMBURSABLE EXPENSES: Reimbursement shall not be made for expenses incurred for the sole benefit of the traveler, including but not limited to the following: Revised 01/04102 CITY OF NORTH RICHLAND HILLS AD-001A CITY COUNCIL POLICY NUMBER EFFECTIVE DATE PAGE OF TRAVEL POLICY CC-0001 REV 4 Janua 2002 4 SUPERCEDES APPROVED A. Traffic fines for parking or speeding violations; B. Lost or stolen cash or other personal property; C. Alcoholic beverages; D. Repairs to personal vehicle used for City travel; E. Cancellation fees for unreasonable failure to cancel hotel or transportation reservations; F. Personal vehicle mileage reimbursement that· is in excess of commercial transportation (plane, train, or rental car) to and from the stated travel destination; G. Commuting costs between home and City premises or between home/city premises and local airport; H. Laundry services and dry cleaning; I. Entertainment expenses, including in-room movies; and/or J. Clothing toiletries, or any other personal purchases and/or expenses. V. FORMS: Revised 01/04/02 Copies attached: Travel Authorization Form Travel Expense Report Form CITY OF NORTH RICHLAND HILLS AD-001A . e . AREA 1 AREA 2 AREA 3 AREA 4 AREA 5 AREA 6 AREA 7 AREA 8 AREA 9 Y ARD-OF- THE-MONTH June, 2005 Jim & Midae Seaver, 6625 Briley Kim Malloy, 7216 Turner Terrace Randy & CindY Seale, 6529 Meadow Lakes Drive Euaene & Maraie Kelly, 5525 Misty Meadow Steven & Gloria KetterinQ, 8605 Hudson Steve & Tracy Jenninas, 6901 Meadow Creek Road Tom Ward. 9124 High Oaks Dr. Larry & Tiffany Eddleman, 6892 Old Mill Rd John & Galia Fussell. 7324 Tipperary Ct. Business Landscape Winner Applebee's Neiahborhood Grill & Bar 6645 N. E. Loop 820, Attention: Mokaya Peterson, Assistant General Manaaer MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST e LOOP 820 - JUNE 13, 2005 e e PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 13th day of June, 2005 at 5: 15 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Timothy J. Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson David Whitson Nancy Bielik Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson Alicia Richardson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Dave Green Kyle Spooner Drew Corn Steve Brown Vickie Loftice Bill Thornton Chris Swartz Richard Abernethy Call to Order Mayor Mayor Pro T em Councilman Councilwoman Councilwoman Councilwoman Councilman Councilwoman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Public Information Officer Director of Development Finance Director Public Works Director Chief Planner Director of Information Services Budget Director Library Director Director of Parks & Recreation Assistant Director Parks & Recreation NRH20 Aquatic Manager Assistant to City Manager Mayor Trevino called the Pre-Council meeting to order at 5:15 p.m. 1. Discuss Items from Regular June 13. 2005 City Council Meeting City Council Minutes June 13, 2005 Page 2 e Agenda Item 6d, GN 2005-057 - Councilwoman Cox questioned if the City would be able to control the portion of Tarrant County HOME funds received and how would the City know the amount of available funds. The City Manager explained that the funds go through the Tarrant County HOME program and they will identify and qualify eligible residents within the City. The City will not be able to control the money, but will be able to ensure that the City's residents are part of the program. Mr. Cunningham advised that if the need exists within the City, as many as 20 to 30 houses per year could be identified for the program. The funds are to be used for livable types of projects versus cosmetic projects. Councilman Lewis questioned if the City would submit the projects for consideration. Mr. Cunningham advised the individual has to submit the project, but if the City is familiar with a citizen that might have a need, the City can advise them 'of the program. Councilman Cox questioned if the money has to be repaid by the citizen. Mr. Abernethy advised the program is similar to the Community Development Block Grant program and that the individuals do not have to pay the money back. e 2. IR 2005-076 Discuss New Library DeveloDment Proiect and Recommendation to Hire BRW Architects e Assistant City Manager Torres presented a brief PowerPoint presentation on the progress of the new library development project planned for Home Town. Council will consider an item on the regular agenda to hire BRW Architects, Inc. for architectural and engineering design services. Staff has determined that Tax Increment Financing District #2 (TIF) is financially in a condition to pay the debt on the proposed new library. Mr. Torres highlighted the process for the selecting the architectural/engineering firm. The original budget for the proposed library was developed in the late '90s. The present library is approximately 31,000 square feet and the minimum proposed size for the new library is 45,000 square feet with a maximum proposed size of 60,000 square feet. Although there have been delays in getting the project started, staff still feels the new library can be constructed within the original estimated budget of $10,216,111. To stay within the budget the City may need to consider constructing a larger portion that would be finished out in the future or make some concessions in size or type of building. In 2003 certificates of obligation were issued in the amount of $1 ,450,000 for land acquisition and design services. Plans are to issue certificates of obligation in 2006 to finance the remaining funds needed to complete construction of the project. Mr. Torres briefly highlighted the proposed agreement with BRW, the timeframe for the project and reviewed the original budget and revised budget. Mr. Torres discussed the purchase of land for the library. The original agreement provided that the City would purchase 1.2 acres and would only own the footprint of the building and the parking City Council Minutes June 13, 2005 Page 3 e area would be dedicated to the City in the form of an easement. At the City's proposal, Arcadia has agreed to the City purchasing all of the property. The property is being surveyed now and after the survey work is completed an item will be brought back to the Council. Mr. Torres answered questions from the Council pertaining to the acquisition of the additional land, and whether there were any architectural limitations that Council might want to look at that would affect the Library design. Also in response to a Council inquiry, Mr. Torres clarified for the benefit of the citizens that the development agreement between the City and Arcadia called for the City to initiate the project when certain financial criteria had been achieved and that the project would be funded using revenues produced from the TIF. The City feels that there has now been enough development and property tax revenues generated in the TIF to sufficiently retire the debt. Councilwoman Johnson requested that as,the new project develops, that the City also communicate to the public that plans are that a branch library will be located on the south side of the City. e 3. IR 2005-071 Review Master Concept Development Plans for Goode Place Park Site. Little Bear Creek Park Site and Norwich Park Park and Recreation Director Vickie Loftice advised that the Parks Department has been planning for the development of two new neighborhood parks, Little Bear Creek Neighborhood Park site and Goode Place Neighborhood site and the renovation of Norich Park. The Little Bear Creek Neighborhood Park site is located on the north side of Continental and south of the creek, and Goode Place park site is located on the north side of North Richland Boulevard west of Davis Boulevard. Ms. Loftice briefed the Council on the opportunities that were provided to the public at the Park Board meetings to provide input on the proposed concept plans. The Park and Recreation Board also discussed and reviewed the plans. Ms. Loftice advised that the plans included public as well as staff input. Mr. Bill Thornton presented a PowerPoint presentation highlighting the themes for the three parks and the proposed amenities for each site. Proposed as themes for each of the sites are: 1) Spanish mission theme at the Little Bear Creek site 2) Pocket park theme for the Goode Place site and Dinosaur theme for Norich Park. Mr. Thornton answered questions from the Council on the proposed plans for each of the parks. 4. IR 2005-074 Update on Loop 820 Corridor Study Director of Development John Pitstick advised that Kimley-Horn & Associates will be presenting the preliminary Loop 820 Corridor Study at a public hearing on June 23. Following the public hearing, the study will be available at City Hall for two weeks to _ receive additional citizen comments. Mr. Kurt Schulte, Kimley-Horn & Associates, e e e City Council Minutes June 13, 2005 Page 4 presented a PowerPoint presentation highlighting the major elements of the study that will be presented on June 23. 5. Executive Session Mayor Trevino announced at 6:25 p.m. that the Council would adjourn to Executive Session as authorized by Texas Government Code Section 551.071 to confer with Attorney about a settlement offer regarding Beverly Brown and as authorized by Section 552.072 for deliberation regarding real property in the area of Loop 820 and Holiday Lane. 6. Adiournment Mayor Trevino announced at 6:54 p.m. that the Council would adjourn to the regular Council meettng. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order June 13, 2005 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Timothy J. Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson David Whitson Nancy Bielik Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilman Councilwoman Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney e e e City Council Minutes June 13, 2005 Page 5 2. INVOCATION Councilwoman Cox gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilwoman Cox led the pledge of allegiance. 4. SPECIAL PRESENTATIONS None. 5. CITIZENS PRESENTATION Mr. Nelson Stoppiello, 7104 Lyndale Court, Watauga, TX, and a North Richland Hills property owner advised he spoke before the Council at the December 13, 2004 Council meeting concerning the Loop 820 Corridor Study. Mr. Stoppiello advised he asked council to avoid and reject the use of eminent domain to take people's homes for the benefit of private developers. Mr. Stoppiello went on to say he did not mention the widening of Loop 820, but was speaking in terms of the corridor study and economic development. Mr. Stoppiello advised the minutes incorrectly indicate that he spoke on the condemnation of property as result of Loop 820. Mr. Stoppiello asked that Council correct the minutes of December 13, 2004 to accurately reflect what he discussed before Council. Mr. Stoppiello also suggested that citizens have more time between publishing of the preliminary results of the Loop 820 study and the opportunity to provide their input. Mayor Trevino announced to the public that the Council will have a public hearing which begins at 5:30 p.m. and the Council will convene at 7:00 p.m. to listen to input, comments and concerns on the Loop 820 overlay study. Council is conducting this meeting to gain citizen input regarding the Loop 820 overlay study. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. e e e City Council Minutes June 13, 2005 Page 6 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE MAY 23, 2005 COUNCIL MEETING B. FP 2005-05 CONSIDERATION OF A REQUEST FROM J&J NRH 100 FLP TO APPROVE THE FINAL PLAT OF FOREST GLENN WEST PHASE III ADDITION (LOCATED IN THE 8000 BLOCK OF NORTH TARRANT PARKWAY - 6.919 ACRES) C. GN 2005-056 APPROVE CONTRACT FOR CELLULAR LEASE AGREEMENT WITH GLOBAL SIGNAL INC- RESOLUTION NO. 2005-048 D. GN 2005-057 APPROVE PARTICIPATION AGREEMENT WITH TARRANT COUNTY FOR THE HOME INVESTMENT PARTNERSHIP PROGRAM- RESOLUTION NO. 2005-049 E. GN 2005-058 APPROVE JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF HOME INVESTMENT PARTNERSHIP PROGRAM F. PW 2005-007 APPROVE CITY-DEVELOPER AGREEMENT WITH J&J NRH100 FLP, JOHN W. BARFIELD, GENERAL PARTNER, FOR IMPACT FEE REIMBURSEMENT ON WATER LINES LOCATED IN THE FOREST GLENN WEST, PHASE II ADDITION G. PW 2005-008 APPROVED CITY-DEVELOPER AGREEMENT WITH JB & JB DEVELOPMENT FLP, JOHN W. BARFIELD, GENERAL PARTNER, FOR IMPACT FEE REIMBURSEMENT ON WATER LINES AND SEWER LINES LOCATED IN THORNBRIDGE EAST, PHASES II-IV H. PW 2005-009 APPROVE CITY-DEVELOPER AGREEMENT WITH HOME DEPOT U.S.A., INC. FOR IMPACT FEE REIMBURSEMENT ON SEWER LINES LOCATED IN THE HOME DEPOT ADDITION I. PW 2005-010 APPROVE CITY-DEVELOPER AGREEMENT WITH MEGA LIFE AND HEALTH INSURANCE COMPANY FOR IMPACT FEE REIMBURSEMENT ON WATER LINES LOCATED IN THE UICI ADDITION COUNCILWOMAN JOHNSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes June 13, 2005 Page 7 e 8. FP 2005-02 CONSIDERATION OF A REQUEST BY GLENVIEW BIBLE CHAPEL TO APPROVE THE FINAL PLAT OF CHRISTIAN ADDITION (LOCATED IN THE 7200 BLOCK OF DAVIS BOULEVARD -1.478 ACRES) APPROVED Nature of request is to approve a final plat for the purpose of building a 2500 square foot church. The Comprehensive Plan represents Neighborhood Service uses for this area along Davis Boulevard. Although current and proposed zoning are not consistent with the plan, churches are permitted in any zoning district except AG (Agricultural) and MH-1 (Manufactured Housing). The Planning and Zoning Commission recommended approval with revision that plat would reflect "un school, church and institutional district as the current zoning of the site. Applicant has revised plat to incorporate Planning and Zoning's recommendation. ' Mr. Victor Mossear, speaking on behalf of Ernest Hedgcoth, was available to answer questions from Council. Chief Planner Dave Green summarized case and was available to answer questions from Council. e MAYOR PRO TEM WELCH MOVED TO APPROVE FP 2005-02. COUNCILWOMAN BIEUK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 9. SP 2005-02 CONSIDERATION OF A REQUEST BY GLENVIEW BIBLE CHAPEL FOR APPROVAL OF A SITE PLAN FOR A NEW CHURCH (LOCATED IN THE 7200 BLOCK OF DAVIS BOULEVARD -1.478 ACRES) APPROVED Nature of request is to approve site plan for Glenview Bible Chapel. Site Plan requirements for churches are equivalent to commercial development. Both are needed when they are adjacent to residential zoning. Chief Planner Dave Green summarized case and was available to answer questions from Council. Mr. Paul Armstrong, 5528 Monthaven Drive, Fort Worth, in response to Councilwoman Compton's question advised Council the church would be open two days a week on e Wednesday and Sunday. City Council Minutes June 13, 2005 Page 8 e COUNCILWOMAN COMPTON MOVED TO APPROVE SP 2005-02. COUNCILWOMAN BIELIK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -G. . 10. ZC 2005-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FORM THE MITCHELL PLANNING GROUP L.L.C. ON BEHALF OF THE PROPERTY OWNER, MERRILL GARDENS, TO AMEND AN APPROVED "PD"PLANNED DEVELOPMENT TO ALLOW FOR A SENIOR INDEPENDENT LIVING COMMUNITY (LOCATED IN THE 8400 BLOCK OF EMERALD HILLS WAY- 4.318 ACRES) - ORDINANCE NO. 2837 APPROVED Mayor Trevino advised the public and Council that Mayor Pro Tem Welch would be abstaining from discussion· and vote on this item because he is the engineer on record for the project. An affidavit of disqualification was completed and filed with the City Secretary. e Councilman Welch left the council dias while Council discussed and voted on this item. Mayor Trevino opened the public hearing. Nature of request is to amend a previously approved PD (Planned Development) for a 45-bed Alzheimer's facility. The development was to be associated with the adjacent assisted living facility located immediately to the south. The current property owner would rather build Cottages of Merrill Gardens, a small senior independent living facility. The development will consist of 21 total living units of both single family detached and duplex units. e Ms. Karen Mitchell of Mitchell Planning Group located at 7823 Nine Mile Bridge Road, Fort Worth, and speaking on behalf of property owner was present. Ms. Mitchell advised approximately 62% of the site is planned for landscape and landscape open space. The central focus of the project is referred to as the "amenities area", located in the center of the project. This area will have a swimming pool and a small cabana area. Ms. Mitchell pointed out the landscape plan which was submitted between the Planning and Zoning Commission and City Council meeting shows applicant to be installing a decorative metal fence along Emerald Hills, which was pointed out as an error. The Planning and Zoning Commission approved request with the condition it be a decorative fence in order to allow for flexibility to the applicant to decide if it was going to be a decorative metal or possibly a split-rail vinyl fence that would look like a wooden fence. Ms. Mitchell is asking that Council consider approving PD with a decorative fence along Emerald Hills Way and not as mentioned in coversheet as a five foot City Council Minutes June 13, 2005 Page 9 e decorative metal fence. Ms. Mitchell advised they would provide a new landscape plan which could be attached to the ordinance. Chief Planner Dave Green summarized case and was available to answer questions from Council. Mr. Green advised request before Council is to amend or revise existing PD for the senior independent living. Mr. Green advised the Planning and Zoning Commission recommended approval of request with the following revisions: allowance of a pool cabana not to exceed 500 square feet matching the architecture of the other dwellings; include five foot decorative fence along Emerald Hills Way; show required safety fencing along the proposed swimming pool; note on site plan that the project is designed for those that are a minimum of 55 years of age. Mr. Green advised applicant has made changes as recommended by the Planning and Zoning Commission, but there is one change that the fence surrounding the pool be changed to six foot in order to meet city criteria. Staff recommends approval of the project, with the revision that the fence surrounding the pool be changed to six foot on the plans instead of four foot. Councilwoman Johnson asked if applicant does not want to put a wood fence and put in a livmg fence. Mayor Trevino advised applicant is speaking about a living fence and a decorative fence. e Mr. Green advised Exhibit B of Ordinance No. 2837 is a narrative of the development and within the narrative there is a statement there will be no wooden fences. Councilman Whitson wondered if applicant is asking for a decorative fence and this request is for a Planned Development, does Council have to specify what kind of fence or would decorative fence be sufficient; would it allow applicant the freedom to choose the fence. Mr. Green advised it would depend on how comfortable Council is with allowing applicant to choose decorative fence. Staff would certainly look at the fence during the permit process to see if it meets the intent of being decorative. Councilman Whitson asked should Council choose to pass, Council could say decorative fence with review of staff and staff would understand Council's wishes. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE NO. 2837 WITH THE REVISION TO FENCE HEIGHT THAT IS SPECIFIED ABOVE TO BE SIX FOOT WITH STAFF APPROVED DECORATIVE FENCE AND TO INCLUDE THE WORDS THAT WOOD IS NOT TO BE USED IN THAT DECORATIVE FENCE. COUNCILWOMAN BIELlK SECONDED THE MOTION. - City Council Minutes June 13, 2005 Page 10 e MOTION TO APPROVE CARRIED 6-0, WITH MAYOR PRO TEM WELCH ABSTAINING. 11. TR 2005-01 PUBLIC HEARING AND CONSIDERATION OF ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 118-775 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICH LAND HILLS, TEXAS TO PROVIDE EXCEPTIONS TO REGULATIONS OF SATELLITE RECEIVER DISHES LESS THAN ONE METER IN DIAMETER AS MANDAED BY FCC REGULATIONS-ORDINANCE NO. 2838 APPROVED Mayor Trevino opened the public hearing. Nature of request is to update city ordinance to comply with mandated regulations of the Federal Communications Commission (FCC) for satellite receiver dishes one meter or smaller in size. The ordinance divides the dishes into two sizes: one meter (39.37" in width) and below and those that are above 1 meter in size. e Chief Planner Dave Green summarized case and was available to answer questions from Council. The Planning and Zoning Commission recommended approval with the amendment that every time one meter is mentioned staff adds in parenthesis 39.37 inches. Mayor Pro Tem Welch asked Mr. Green if this ordinance will supersede any homeowner association deed restriction if they are more restrictive. City Attorney George Staples advised city ordinance would not supersede the deed restrictions if they are more restrictive. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILWOMAN BIELIK MOVED TO APPROVE ORDINANCE NO. 2838. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. - City Council Minutes June 13, 2005 Page 11 e 12. GN 2005-060 APPROVE EASEMENT MODIFICATIONS WITH TXU ELECTRIC DELIVERY COMPANY APPROVED Nature of request is to approve modified easement agreements, which were originally approved in 1982. The modification agreements seek approval to remove the electric line transmission currently existing and to erect, construct, reconstruct, inspect, repair, maintain, improve, operate and remove an electric transmission line, with all necessary appurtenances, including multiple circuits and single steel or concrete poles as supporting structures, on the property. The modified agreements do not change other rights that were granted with the original easement and right-of-way documents approved in 1982. TXU Electric Delivery is in the process of replacing four legged electric transmission poles with mono-poles for the electric feeder line that enters North Richland Hills at approximately the intersection of Smithfield and North Tarrant Parkway and exits approximately the intersection of Precinct Line Road and Glad Road. e Managing Director Karen Bostic summarized case and was available to answer . questions from Council. Ms. Bostic advised the easements were reviewed by the Public Works Department. The Parks and Recreation Department reviewed the alignment of the new poles to verify that the Little Bear Creek Hike and Bike trail would need to be realigned. Ms. Bostic informed Council the documents were also reviewed by the City Attorney. Ms. Bostic advised John Pena of TXU was available to answer questions from Council. Councilwoman Compton asked how long the process would take and if the part of the hike and bike trail would have to be closed. Mr. Pena advised Council the process would take about a year from beginning to end. Mr. Pena stated the realignment may impact part of the hike and bike trail. Mayor Pro Tem Welch asked that notification be given to the public along the hike and bike trail. Mr. Pena informed Council property owners who abut the area were given notice. Councilwoman Johnson advised the need to notify citizens. Mr. Cunningham informed Council the city would work jointly with TXU to ensure public is aware of the project. COUNCILMAN LEWIS MOVED TO APPROVE GN 2005-060. COUNCILMAN WHITSON SECONDED THE MOTION. e MOTION TO APPROVE CARRIED 7-0. City Council Minutes June 13, 2005 Page 12 e 13. PU 2005-023 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRW ARCHITECTS FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES OF THE NEW LlBRARY- RESOLUTION NO. 2005-051 APPROVED Nature of request is to approve professional services agreement with BRW for architectural and engineering design services for the new library to be located in Home Town. Assistant City Manager Richard Torres summarized case and was available to answer questions from Council. Councilwoman Johnson advised staff there is a lot of talk about the TIF (Tax Increment Financing District) and asked staff to explain a TIF for the citizens. e Mr. Torres explained the purpose of the Tax Increment Financing District (TIF) and the financing of public projects within TIF #2. Mr. Torres gave Council an outline for the library project beginning with the final approval to purchase a piece of property for the library; first phase of design of schematic drawings; input gathered from Library Board members, staff and citizens; Library Board and City Council approval of preliminary plans; design of facility; Council approval of design; and preparation of construction documents. Councilman Lewis asked staff to expand on the definition of the TIF as it relates to the qualification of the TIF related to the economic development feasibility of the property. City Attorney George Staples advised there are a couple of different ways to qualify for TIF. The decision was made some time ago as far as this property is concerned. There is a development agreement that is particular to each one of these. The basic underlying TIF ordinance simply establishes a Tax Increment District, in which the incremental values goes toward a fund which then satisfies the obligations which are ordinarily either bonds or direct expenses. In the particular situation we have an agreement with Arcadia Development for these funds to be used in a variety of ways. Part of the money is to be used for these particular infrastructures for the library and conference center. Later on, and if there is a possibility and they build commercial development they will be reimbursed for some of the infrastructure costs of that, but each one of these stands on its own. There is a finance plan that goes with each one of them and that is all incorporated into the agreement. The theory on behind the tax increment financing however is as was stated generally it's an order to assist with development of areas that might not otherwise develop and to make them develop in a way that is in the City's interest in increasing the tax base. e City Council Minutes June 13, 2005 Page 13 e COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION NO.. 2005-051. COUNCILWOMAN COMPTON SECONDED THE MOTION. Councilwoman Johnson commented the City Council is committed to keeping a library branch on the south side of Loop 820. MOTION TO APPROVE CARRIED 7-0. 14. GN 2005-059 CONSIDERATION OF AMENDING COUNCIL RULES OF PROCEDURE- RESOLUTION NO. 2005-047 APPROVED Nature of request is to consider suggested amendments to the Council Rules of Procedure as discussed by Council during their Pre-Council meeting on May 23, 2005. Council at their May 23'Pre-Council meeting discussed the following amendments: e · Location of citizens' presentation to be moved to the end of the agenda; limit of three minutes per speaker with a cumulative total of thirty (30) minutes for all speakers · Staff to address and or respond to citizen presentations as needed and if needed provide further clarification at the following Council meeting · Address inaccurate statements made by any member of the Council and the action Council would take to correct such statements · Written policy to be included in Council Rules of Procedure regarding statements to news media or other public statements regarding lawsuits and litigation. Such statements would only be communicated through the City Attorney or City Mayor · Council Rules of Procedure to include statement read by the Mayor prior to citizens' presentation regarding personal attacks on Council and staff Mayor Trevino advised council it would be advantageous to the public and council if the citizens' presentation were to remain at the beginning of the council meeting. Mayor Trevino suggested that Council incorporate procedures for staff to correct inaccurate information or clarify information if staff has it readily available. If a specific problem is presented the Mayor may ask staff to meet with citizen immediately. Mayor Trevino also suggested that he discontinue reading the procedures before opening the citizens' presentation and suggested the public meeting appearance card be modified to outline the general rules of conduct and for those wishing to speak to acknowledge they understand the Rules of Procedure. Mayor Trevino advised should Council agree he has provided an Alternate A to section 3 of proposed ordinance. e e e City Council Minutes June 13, 2005 Page 14 e Mayor Trevino asked Council to consider each section of the proposed ordinance separately. Council agreed to act on each section of proposed ordinance separately and began with section 3. Councilman Lewis agreed with Mayor Trevino with reference to the citizens' presentation, but would like to see each person have three minutes with a cumulative total of 30 minutes for the citizens' presentation. Councilman Lewis also said that he was not in agreement that the citizens' did not have the right to criticize their council members. Council discussed their viewpoints. Mayor Trevino reminded Council the proposed ordinance was drafted as a result of Council's direction from the May 23 Pre-Council meeting. Councilwoman Johnson advised Council should possibly change the verbiage criticize to attack. COUNCILWOMAN JOHNSON MOVED TO SUBSTITUTE ALTERNATE A TO SECTION 3 OF PROPOSED ORDINANCE. COUNCILWOMAN Cox SECONDED THE MOTION. Councilman Lewis suggested a friendly amendment to Alternate A to change time limit to 3 minutes per person with a cumulative total of 30 minutes for the citizens' presentation. Councilwoman Johnson did not accept the friendly amendment. COUNCILMAN LEWIS MOVED TO SUBSTITUTE LENGTH OF CITIZEN PRESENTATION TIME TO A TOTAL OF 3 MINUTES PER PERSON AND 30 MINUTES CUMULATIVE TOTAL. MAYOR PRO TEM WELCH SECONDED THE MOTION. COUNCIL VOTED ON COUNCILMAN LEWIS' MOTION. THE MOTION TO CHANGE TIME LIMIT OF 3 MINUTES PER SPEAKER WITH A CUMULATIVE TOTAL OF 30 MINUTES FOR CITIZENS' PRESENTATION WAS APPROVED 5..2; WITH COUNCILMEN lEwIs, WHITSON AND MAYOR PRO TEM WELCH AND COUNCILWOMEN Cox AND BIELlK VOTING FOR AND COUNCILWOMEN COMPTON AND JOHNSON VOTING AGAINST MOTION. COUNCIL VOTED ON THE MAIN MOTION MADE BY COUNCILWOMAN JOHNSON TO SUBSTITUTE ALTERNATE A TO SECTION 3 OF PROPOSED ORDINANCE. THE MOTION APPROVED 6-1 WITH COUNCILMEN LEWIS, WHITSON AND MAYOR PRO TEM WELCH AND COUNCILWOMEN Cox, JOHNSON AND BIELlK VOTING FOR AND COUNCILWOMAN COMPTON VOTING AGAINST MOTION. e e e City Council Minutes June 13, 2005 Page 15 Mayor Trevino informed Council he did not believe section 1 of proposed Ordinance No. 2836 needed action from Council. Mayor Trevino believes the Council already has the authority to approach a council member they believe is acting inappropriately or making false statements against the City, Councilor staff. Council discussed their viewpoints and concurred with Mayor Trevino this section did not need to be included in Ordinance. COUNCILWOMAN BIEUK MOVED TO REMOVE SECTION 1 FROM PROPOSED ORDINANCE. COUNCILWOMAN Cox SECONDED THE MOTION. MOTION TO REMOVE SECTION 1 FROM PROPOSED ORDINANCE PASSED 7..0. Council considered section 2 of proposed ordinance. MAYOR PRO TEM WELCH MOVED TO APPROVE SECTION 2. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5..2 WITH COUNCILMEN LEWIS, WHITSON AND MAYOR PRO TEM WELCH, AND COUNCILWOMEN COMPTON AND JOHNSON VOTING FOR AND COUNCILWOMEN Cox AND BIEUK VOTING AGAINST MOTION. Council considered section 4 of proposed ordinance. COUNCILWOMAN JOHNSON MOVED TO APPROVE SECTION 4. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7..Q. Council considered Resolution No. 2005-047 entering into record Council's desire to amend the Council Rules of Procedure. COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION No. 2005..Q47. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-1; COUNCILWOMAN BIEUK VOTING AGAINST. 15. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA NO ACTION TAKEN e e e City Council Minutes June 13, 2005 Page 16 None. 16. INFORMATION AND REPORTS Councilman Whitson made the following announcements. The North Richland Hills Police Department is taking applications for the next session of the Citizens Police Academy. Participants will learn about patrol procedures, dispatch, crime scene search and other police operations. For more information contact Officer Bauman at 817-427-7021. Me and My Monkey will be playing Beatles favorites at The Lotta Night Music Concert Series on Friday, June 17. This free concert begins at 7pm at Green Valley Park. Admission is free. For more information, please call 817-427-6614. NRH20 is offering a Father's Day Special on Sunday, June 19. The first 100 Dads will get in free. For more information about NRH20 special events, please call 817-427- 6500. The City will host a Loop 820 Corridor Study public meeting and public hearing on Thursday, June 23, at Richland Hills Church of Christ. All interested residents are invited to attend. We will begin with an open house from 5:30 to 6:30 p.m., followed by an informational presentation from 6:30 to 7 p.m. The City Council will then convene a public hearing and accept public input from 7 to 9 p.m. For more information, please call 817-427-6090. Kudos Korner - North Richland Hills Fire Department - Bob Hamilton of the Northeast Chamber was thankful for the excellent service provided by the NRH Fire Department. Mr. Hamilton said the department responded quickly when his neighbor's home was struck by lightening and he was very impressed with how the firefighters handled the situation. 17. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:52 p.m. Oscar Trevino - Mayor e e e ATTEST: City Council Minutes June 13, 2005 Page 17 Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6/27/2005 Subject: Correction to December 13. 2004 City Council Minutes Agenda Number: GN 2005-070 At the June 13 City Council Meeting, Mr. Nelson Stoppiello commented during Citizens Presentation that he was misquoted in the December 13, 2004 City Council minutes. Mr. Stoppiello stated that he did not mention the widening of Loop 820 and that he was speaking in terms of the corridor study and economic development. Following the meeting, the City Secretary's office reviewed the minutes of the meeting and Mr. Stoppiello's comments on the audio tape. The portion of the December 13, 2004 minutes referred to by Mr. Stoppiello is the last sentence of page 4, which states: Mr. Nelson Stoppiello, 7104 Lyndale Court, Watauga, and property owner in the Loop 820 corridor area, spoke on the condemnation of property as a result of the widening of Loop 820. It is recommended that City Council clarify the minutes by replacing the above sentence with the following: Mr. Nelson Stoppiello, 7104 Lyndale Court, Watauga, and property owner in the Loop 820 corridor, spoke against the condemnation of property for private development purposes in the Loop 820 corridor area. Recommendation: To correct the December 13, 2004 City Council minutes by replacing the last sentence on page 4 with the sentence cited above. Finance Review Source of Funds: Bonds (GO/Rev.) .. Operating Budget ., Other Account Number Sufficient Funds ÄvallaDle Finance Director Department Head Signature P:::onø 1 nf - CITY OF NORTH RICHLAND HILLS Department: Police Department Council Meeting Date: 06/27/05 Subject: Approve Interlocal Aqreement for AFIS (Automated Agenda Number: GN 2005-061 Fingerprint Identification System) with Grapevine, Hurst, Euless and Bedford Police Departments - Resolution No. 2005-052 The police department has been involved with the AFIS (Automated Fingerprint Identification System) program since 1993. The member departments in the Northeast site are Grapevine, Hurst, Euless, Bedford, and North Richland Hills. The northeast site is presently connected with the Department of Public Safety AFIS System. The use of the AFIS system has been a great asset to our investigators. Many suspects have been identified and connected to crime scenes, along with many prisoners being properly identified after giving false identification. The use of the AFIS system has given our officers one more tool to assist them in identifying criminals who have committed offenses in North Richland Hills. The member departments of the Northeast site are remaining together as a team and each agency will be paying an equal, proportionate amount for maintenance of the equipment and LAN (local area network) fees needed for the system. The equipment is located in the police department. Funds for the North Richland Hills portion of the annual fees are to be taken from the Police Department General Fund Account as has been done the past five years. Each agency will be paying $2,128 annually. The maintenance fee coverage will be through the State of Texas General Services Commission Contract. Recommendation: Approve Resolution Number 2005-052 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 001-8003-531.43-66 Sufficie Fu~s Available ~ Budget Director Page 1 of 1 . . . RESOLUTION NO. 2005 - 052 2 WHEREAS, the City Council desires to authorize the City Manager to execute the 4 Intergovernmental contract for automated fingerprint services with Bedford, Euless, Grapevine and Hurst; NOW, THEREFORE, 6 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH 8 RICHLAND HILLS, TEXAS: 10 Section 1: That the City Manager of the City of North Richland Hills is authorized to execute the Intergovernmental Contract for automated fingerprint services with Bedford, Euless, Grapevine and Hurst. 12 14 AND IT IS SO RESOLVED. 16 PASSED on the 27th day of June, 2005. 18 CITY OF NORTH RICHLAND HILLS 20 By: 22 Oscar Trevino, Mayor ATTEST: 24 26 Patricia Hutson, City Secretary 28 30 32 George A. Staples, Attorney 34 36 38 1 . . . INTERLOCAL AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS AND THE CITIES BEDFORD, EULESS, GRAPEVINE AND HURST THE STATE OF TEXAS § § COUNTY OF TARRANT § THIS INTERLOCAL AGREEMENT is made and entered into effective August 1, 2005 by and between the City of North Richland Hills, Texas (hereinafter styled "North Richland Hills"), the City of Bedford, Texas (hereinafter styled "Bedford"), the City of Euless (hereinafter styled "Euless"), the City of Grapevine (hereinafter styled "Grapevine"), and the City of Hurst (hereinafter styled "Hurst") for the purpose of documenting the tenns under which North Richland Hills will provide Automated Fingerprint Identification Services. This Agreement replaces an earlier agreement between the parties from 1999 which has now expired. 1. SALE OF AFIS SYSTEM SERVICES 1.1 NORTH RICHLAND HILLS hereby agrees to provide to BEDFORD, EULESS, GRAPEVINE, and HURST Automated Fingerprint Identification Services (hereafter called the "AFIS"). NORTH RICHLAND HILLS has previously acquired AFIS through the State of Texas in full compliance with public competitive bid law requirements. Such AFIS consists of central site equipment and software located in and operated by the Department of Public Safety ("Central Site"). NORTH RICHLAND HILLS has acquired from the Department of Public Safety contractual AFIS Vendor equipment for its own use, at its own site ("Remote Site"). The required equipment acquired by the NORTH RICHLAND HILLS Police Department is described in Exhibit "B" attached to and incorporated herein. The CITIES OF BEDFORD, EULESS, . GRAPEVINE, and HURST desire to use such equipment and North Richland Hills desires to accommodate such use subject to payment of required maintenance and access fees. 2. PRICES AND FEES 2.1 BEDFORD, EULESS, GRAPEVINE, and HURST each agree to pay their proportionate cost and maintenance fees, as incurred, set forth in Exhibit "An attached to and incorporated herein. 3. RESPONSIBILITIES 3.1 The CITY OF NORTH RICH LAND HILLS will maintain the AFIS equipment and permit the CITIES OF BEDFORD, EULESS, GRAPEVINE, and HURST to utilize the AFIS at mutually agreed times. 4. WARRANTIES EXCLUDED . 4.1 IT IS UNDERSTOOD AND AGREED THAT ANY AND ALL WARRANTIES WHICH DO EXIST COME FROM THE MANUFACTURER. THE CITY OF NORTH RICHLAND HILLS IS NOT THE MANUFACTURER AND MAKES NO WARRANTY. 5. INDEMNITY 5.1 BEDFORD, EULESS, GRAPEVINE, and HURST each agree to be responsible for their own acts of negligence and NORTH RICHLAND HILLS agrees to be responsible for its own acts of negligence which may arise in connection with the use and operation of AFIS. In the event of joint and concurrent negligence, NORTH RICHLAND HILLS, BEDFORD, EULESS, GRAPEVINE, and HURST agree that responsibility shall be apportioned comparatively. This obligation shall be construed for . . . e the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas. 6. TERM 6.1 The term of this Agreement shall be for one calendar year and shall be automatically renewed for successive one year terms unless and until earlier terminated as provided in Paragraph 7.1 hereof. Changes in monthly operating costs, maintenance costs and other miscellaneous expenses may be changed with the approval of the Chiefs of Police of the parties without formal amendment of this Agreement. 7. TERMINATION 7.1 NORTH RICHLAND HILLS, acting through its City Manager, or BEDFORD, EULESS, GRAPEVINE, and HURST, acting through their respective City Managers, may terminate this Agreement upon thirty (30) days prior written notice, with the understanding that all obligations being performed under this Agreement, except those identified herein, shall cease upon the date specified in such notice. If any city other than North Richland Hills terminates its agreement, this shall not affect the agreement between North Richland Hills and the remaining cities. 7.2 In the event of the termination by BEDFORD, EULESS, GRAPEVINE, or HURST of this Agreement, BEDFORD, EULESS, GRAPEVINE, and HURST will each still be responsible for such city's portion of the Remote Site maintenance fees, and Remote Site access fee for the duration of the year in which termination occurs. A terminating city shall have no responsibility for maintenance beyond such year. . . e 7.3 The continued participation of NORTH RICHLAND HILLS is contingent upon the continued participation of the Department of Public Safety, State of Texas. 7.4. Should the Department of Public Safety terminate its AFIS services to which North Richland Hills is connected this Agreement will be terminated. 8. UPGRADES 8.1 Because of the multiple number of participating agencies, the CITY OF NORTH RICHLAND HILLS, as operator of the remote site, is solely responsible for determining the necessity of and schedule for upgrades to the AFIS. 8.2 NORTH RICHLAND HILLS will give written notice of any such planned upgrade to BEDFORD, EULESS, GRAPEVINE, and HURST, at least six (6) months in advance. 8.3 BEDFORD, EULESS, GRAPEVINE, and HURST, upon receipt of written notification of such upgrade, shall each have ninety (90) days to exercise the following options: (a) agree to participate and pay such city's portion of the upgrade, and its continuing maintenance and to an increase in the annual maintenance fees to cover such upgrade; (b) terminate this Agreement in accordance with Section 7.1. 8.4 Should any participating city fail to select an option from 8.3 above within the required time period, then a termination under Section 7.1 shall be deemed to have occu rred. . . . 9. NOTICES 9.1 All notices, communications and reports under the Agreement shall be mailed or delivered to the respective parties as follows: To NORTH RICHLAND HILLS Acting Chief of Police City of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, Texas 76180 To BEDFORD Chief of Police City of Bedford 307 W. Dallas Rd. Bedford, Texas 76051 To EULESS Chief of Police City of Euless 1102 W. Euless Blvd. Euless, Texas 76040 To GRAPEVINE Chief of Police City of Grapevine 307 W. Dallas Road Grapevine, Texas 76051 To HURST Chief of Police City of Hurst 1501 Precinct Line Road Hurst, Texas 76054 . . e 10. MISCELLANEOUS PROVISIONS 10.1 This Agreement is entered into subject to the Charter and ordinances of the CITY OF NORTH RICHLAND HILLS, as amended, the Charter and ordinances of the CITIES OF BEDFORD, EULESS, GRAPEVINE, and HURST, TEXAS as amended and applicable Texas State laws. The provisions of this Agreement shall be construed in accordance with the laws and court decisions of the State of Texas; and exclusive venue for any litigation which may be filed by either party hereto in connection with the Agreement shall be in Tarrant County, Texas. 10.2 The following Exhibits are attached to and made a part of this Interlocal Agreement: (a) Exhibit "A" Costs; and (b) Exhibit "8" List of Equipment. 10.3 This Agreement can be revised at anytime by mutual consent of the parties but only by written agreement. No oral modifications can be made to this Agreement. 10.4 The captions to the various clauses of this Agreement are for infonnational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 10.5 This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters in this Agreement. Executed as of the date listed in the first sentence hereof by the duly authorized officers of the parties hereto. . . e APPROVED AS TO FORM AND LEGALITY: CITY OF NORTH RICHLAND HILLS, TEXAS By George Staples, City Attorney CITY OF NORTH RICHLAND HILLS, TEXAS OF BEDFORD, TEXAS By Chief of Police CITY OF EULESS, TEXAS By Chief of Police CITY OF GRAPEVINE, TEXAS By Chief of Police CITY OF HURST, TEXAS By Chief of Police By Larry Cunningham, City Manager By Chuck Barnett, City Manager By Joe Hennig, City Manager By Bruno Rumbelow, Acting City Manager By Allen Weegar, City Manager . . . Annual Fee Cost for Each Agency HurstPD Euless PD Bedford PD Grapevine PD North Richland Hills PD Total $ 2,128.20 $ 2,128.20 $ 2,128.20 $ 2,128.20 $ 2,128.20 $10,641.00 *Miscellaneous supplies will be billed as needed. , EXHIBIT "A" . . . Latent Fingerprint Workstation - Key Functions and Equipment Workstation includes: Year 2000 Complaint 400 MHZ Pentium II Windows - NT 4.0 W/S 192 MB SRAM 6 GB Hard Drive 8 MB Graphics Card 4 MB Video Board 21 Inch Monitor Compact Scanner 2 Laser Printer Basic Function: Latent Key Functions: Visual Verification (Side by Side) Subsequent Functions NLEXS Feature Extraction (for Latent) Remote Access to DPS AFIS21 Maintenance Cost Annual maintenance fee: Annual LAN fee: Router/Pix maintenance fee: Total Cost: $6,936.00 $2,094.00 $1.611.00 $10,641.00 *Fee's may vary due to any increase in maintenance cost and system upgrades. EXHIBIT "B" . . . CITY OF NORTH RICHLAND HILLS Department: Finance / Public Works Council Meeting Date: 6/27/2005 Subject: Authorization to Participate in the City of Hurst Contract Agenda Number: PU 2005-024 for the Annual Slurry Seal Application Program - Resolution No. 2005-053 At the April 25, 2005 meeting, Council approved the 2005 Preventative Street Maintenance Program (GN 2005-040). Slurry seal application was included as part of this program. At the January 8, 2001 meeting, Council authorized participation in an interlocal agreement with the City of Hurst. The City of Hurst has extended the annual contract for slurry seal application with Viking Construction, Inc. North Richland Hills may take advantage of cost savings that will be created by combining NRH streets with the City of Hurst streets. The City has participated in this contract with the City of Hurst since 2002 when slurry seal application was first included as part of the preventative street maintenance program. The list of streets that are included in the 2005 maintenance program for slurry seal application is attached. The total cost to North Richland Hills for this application through the City of Hurst contract with Viking Construction will be $149,762.52 ($1.62 per square yard). The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any State law that would require the City to solicit competitive bids. Participation in this program will be cost effective to the City as well as save Staff time. Recommendation: To approve Resolution No. 2005-053 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ ;1/(·k C~·· nøn::lrtmønt ø::lrl ~inn::ltl'rø Budget Director Finance Director Page 1 of ..L CITY OF NORTH RICHLAND HILLS . 1. Jamie Renee Lane Parkview Drive / Holiday Lane 2. Westcliff Drive Central Avenue / Parkview Drive 3. Parkview Drive Chapman Road / Westcliff Drive 4. Sable Drive Brandi Place / Brandie Lane 5. Central Avenue Sable Lance / Chapman Road 5. Old Hickory Drive Smithfield Road / Coventry Circle 7. Circle Drive Susan Lee Lane / Dead-End 8. Buenos Aires Drive Caracas Drive / Rufe Snow Drive 9. Meadow Crest Drive Meadow Oak Drive / Rufe Snow Drive 10. Glengarry Court Diamond Loch Drive W / Cul-de-Sac 11. Camelot Court Diamond Loch Drive W / Cul-de-Sac 12. King Arthur Court Glenview Drive / Cul-de-Sac 13. Glenwood Drive Sunrise Drive / Sunset Road 14. Arborbrook Drive Sunrise Drive / Sunset Road . 15. Johnson Avenue Abbott Avenue / Price Drive 16. Johnson Court Price Drive / Cul-de-Sac 17. Randle Drive Booth Callaway Drive / Ashmore Drive 18. Charles Street Onyx Drive South / Jerrell Street 19. Billie Faye Drive Onyx Drive South / Onyx Drive North 20. Parkwood Drive Meadowview Terrace / Crosstimbers Lane 21. Darin Street Irish Drive / Ulster Drive 22. Ashmore Drive Rogan Drive / Glenview Drive . CITY COUNCIL ACTION ITEM Page 2 of 2 . . . RESOLUTION NO. 2005-053 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract with Viking Construction, to provide slurry seal application as the act and deed of the City. PASSED AND APPROVED this 2¡th day of June, 2005. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: I 2í~ ~¡k^ /~~ Larry Koonce/Dire!ctor of Finance I ;) CITY OF NORTH RICHLAND HILLS Department: Economic Development Council Meeting Date: June 27,2005 Subject: Acceptance of Report from Mayor on Appointment of Agenda Number:GN 2005-062 Council Representative to Quad Cities DFW Foundation Board Background: The Quad Cities DFW Foundation just completed its second year of operation. The Foundation includes the four cities of Richland Hills, North Richland Hills, Watauga and Haltom City; the school districts of Birdville lSD, Keller ISD and the Northeast Tarrant Chamber of Commerce. Quad Cities DFW was formed to help market our area as a regional lure for new investments and business opportunities. A major effort of the Foundation is also to enhance the quality of life in our area. The City of North Richland Hills currently contributes $10,000 annually out of hotel/motel revenues to fund this effort. The major strategies of Quad Cities DFW are: a. Business Recruitment, b. Marketing, c. Transportation Lobbying, d. Multi-Jurisdictional Corridors and e. Business Retention. The Primary Targets of the Foundation include: A Growing Economy,- Enhanced Recreational Opportunities, Safe Neighborhoods and Business Districts and Productive and Educated Citizens and Potential Employees. The Quad Cities Board of Directors is made up of one appointed official and one elected official from each entity. Currently the city managers and school superintendents serve on the Board as appointed members. City Councilman John Lewis has served as the City's elected official since January, 2005 as an interim appointment as a result of the retirement of Frank Metts. The bylaws provide that the Mayors of each member city are to appoint a council member from their respective City to the Board. This appointment will expire in May, 2006. Mayor Trevino is recommending Councilman John Lewis to continue on the Quad Cities DFW Foundation Board. RECOMMENDATION: Approve Mayor Trevino's appointment of John Lewis to the Quad Cities DFW Foundation Board. Source of Funds: Bonds (GO/Rev,) Operating Budget Other Finance Review Account Number Sufficient Funds ÄvallaDle Finance Director ----1t2~ ¿¡- Department Head Signature Pace 1 of 1 j, .., CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6/27/05 Subject: Appointments to Boards & Commissions - Places 1, 3 5&7 Agenda Number: GN 2005-063 The individuals serving on the Boards and Commissions in Places 1, 3, 5 and 7 terms of office will expire June 30. For the boards listed below, Chapter 2, Article III, Section 2- 121(c) of the Code of Ordinances states that the City Council will act upon Council member nominations. The following nominations have been submitted for Council consideration at this time. Keep North Richland Hills Beautiful Commission Place 1 David Webb Place 7 Holly Bullington Board of Adjustment Place 1 Place 5 Place 7 Leslie Jauregui Tommy Duer Jerry Henry Substandard Building Board Place 1 Garry Cope Place 5 John Larriviere Place 7 Bob McCary Library Board Place 1 Place 3 Place 5 Place 7 Polly Brinkley Mary Shilcutt Avis Crisp Jane Birkes Park and Recreation Board Place 1 Mark Haynes Place 3 Brad Greene Place 5 Marty Kusmierski Place 7 Mike Filis Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Ävallable øâatfÆ~ ~ Department Head Signature Finance Director Signature Paqe 1 of 2 <\0 CITY OF NORTH RICHLAND HILLS Planning & Zoning Commission & Capital Improvement Advisory Committee Place 1 Richard Davis Place 3 Don Bowen Place 5 Brenda Cole Place 7 Ken Sapp Teen Court Advisory Board Place 1 Michael Birkes Place 3 Ronald Moore Place 5 Cheri Walker Place 7 Steve Cooper Recommendation: To take action on the above listed Board appointments. CITY COUNCIL ACTION ITEM Paae 2 of 2 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6/27/05 Subject: Appointments to Civil Service Commission Agenda Number: GN 2005-064 Several of the Civil Service Commission members' terms expired on June 30. These appointments are mayoral appointments with confirmation by two-thirds vote of the Council. Mayor Trevino is recommending the following individuals for Council confirmation: Place 1 Place 2 Place 3 Place 5 Ex Officio Sally Bustamante September Daniels Bill Fenimore Robert Harrison Brent Barrow term expires 6/30/2006 term expires 6/30/2006 term expires 6/30/2007 term expires 6/30/2008 term expires 6/30/2005 Recommendation: To take action on the Mayor's appointments. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds ÄvallaOle C?a/MUtL .~ Department Head Signature Finance Director PaQe 1 of CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6/27/2005 Subject: Appointments to Park and Recreation Facilities Development Corporation - Places 2, 4 & 6 Agenda Number: GN 2005-065 The terms of office for the Board Members serving in Places 2, 4, and 6 on the Park and Recreation Facilities Development Corporation expired on May 1,2005. The Corporation's Articles of Incorporation and Bylaws state that appointments to the Board of Directors are to be made by the City Council and that Places 2 and 4 are designated for Council Member Directors and Place 6 is designated for a Citizen Member Director. Because of the purpose of this Board, practice has been to select current members of the Park and Recreation Board to serve on this Board. The incumbents whose terms have expired are: Place 2 - Councilman Lewis (Council Member Director) Place 4 - Councilwoman Cox (Council Member Director) Place 6 - Park Board Member Mark Haynes (Citizen Member Director) Members serving on this Board whose terms have not yet expired are: Councilman Whitson, Place 1; Mayor Trevino, Place 3; Park Board Member Kim Kirby, Place 5; and Park Board Member Brad Greene, Place 7. Recommendation: To appoint Council Member Directors to Places 2 and 4 and a Citizen Member Director to Place 6, terms expiring May 1, 2007. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget Other Account Number Sufficient Funds Ävallable Department Head Signature Finance Director Pace 1 of CITY OF NORTH RICHLAND HILLS Department: Economic Development Council Meeting Date: June 27, 2005 Subject: Consider Appointments to South Grapevine Hiahwav Agenda Number: GN 2005-068 Corridor Oversight Committee Background: The cities of North Richl~nd Hills and Richland Hills completed the South Grapevine Highway Corridor Strategy in January, 2004 and adopted an Interlocal Agreement in June, 2004 to jointly promote the planning and implementation of revitalization efforts for South Grapevine Highway, South Rufe Snow and Glenview Drive. The overall study calls for a total of 23 general strategies. Following prioritization by both Councils a total of 10 major strategies were recognized as primary priorities. The interlocal agreement stipulated the formation of an Oversight Committee consisting of 2 Councilmembers from each city plus 1 at-large business person. The City of Richland Hills current members are Phil Heinze and Kenney Davis. North Richland Hills current members are JoAnn Johnson and David Whitson. The Oversight Committee also elected Mike Rigby from Liberty Bank as the at-large member of the Committee and elected him as the current chairperson. The current Oversight Committee appointments run from June 1st through May 31st. For consistency staff is recommending that Mrs. Johnson and Mr. Whitson remain on the Oversight Committee. David Whitson has also only served since January, being a replacement as a result of Frank Metts retirement. The Oversight Committee is currently working on several strategies and is right in the middle of the branding and design efforts for the South Grapevine Highway Corridor. RECOMMENDATION: Appointment of JoAnn Johnson and David Whitson to the South Grapevine Highway Corridor Joint Oversight Committee. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds ÄvallaDle ~æ~ Ir- Department Head Signature Finance Director Paqe 1 of 1 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6/27/2005 Subject: Appointments to Animal Control Shelter Advisory Committee - Places 1 & 3 Agenda Number: GN 2005-069 The individuals serving in Places 1 and 3 on the Animal Control Shelter Advisory Committee terms of office will expire on June 30. The ordinance establishing the Committee states that the appointment to Place 1 shall be a licensed veterinarian and the appointment to Place 3 shall be an employee of the City's Animal Adoption Rescue Center. Currently serving in Place 1 is Jed Ford, DVM and serving in Place 3 is JoAnn Stout, Neighborhood Services Director. Both of these positions are two-year terms of office. Recommendation: To appoint a Licensed Veterinarian to Place 1 and to appoint an employee of the Animal Adoption and Rescue Center to Place 3, terms expiring June 30, 2007. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Department Head Signature Finance Director Pace 1 of 1 CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 06/27/05 Subject: Amendment to Council Rules of Procedure PertaininQ to Agenda Number: GN 2005-066 Citizens' Presentations and Public Statements - Ordinance No. 2836 At the June 13, 2005 City Council meeting, the Council discussed a proposed ordinance to amend the Council Rules of Procedure as it relates to citizens' presentation, addressing inaccurate statements and public statements. The Council discussed various concerns and concurred to remove the section that relates to addressing of inaccurate statements from the proposed ordinance. The Council approved the remaining sections of the proposed ordinance. Council's first action of amending the Council Rules of Procedures was to approve Resolution No. 2005-047, which introduced changes into record. By approving the Resolution No. 2005-047 at their June 13 meeting, Council ordered Ordinance No. 2837 be placed on the June 27 City Council agenda for consideration and approval. The attached ordinance incorporates the revisions requested by Council and discussed at the June 13 meeting. Recommendation: To consider approval of Ordinance No. 2836 Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Finance Director Department Head Signature P",nø 1 nf 1 e ORDINANCE NO. 2836 3 AN ORDINANCE AMENDING CHAPTER 2 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; INCREASING THE TIME ALLOWED FOR CITIZE~ COMMENTS; PROVIDING FOR RESPONSES TO COMMENTS BY STAFF; RESTRICTING COMMENTS CONCERNING LITIGATION; AND PROHIBITING PERSONAL ATTACKS ON STAFF AND COUNCIL. 5 7 9 11 WHEREAS, the City Council desires to increase the time for citizen comments and to provide for staff responses; and 13 WHEREAS, the City Council deems it necessary to establish rules of conduct for council members concerning comments on litigation related matters to protect the interest of the taxpayers; and 15 17 WHEREAS, the city council desires to discourage incivility and prohibit personal attacks in city council meetings; NOW THEREFORE; 19 Section 1: THAT Chapter 2 of the North Richland Hills Code of Ordinance be amended by adding a new Section 2-33 which shall read as follows: 21 e "Section 2-33. Statements by public officials regarding litigation. 25 When the City of North Richland Hills is involved in litigation or a legal dispute, council members shall refrain from commenting on settlements, appeals or other issues related to the subject until the matter is resolved. The Mayor or City Attorney shall be authorized to provide any public responses or comments, as needed on matters involving litigation." 27 29 31 Section 2: THAT Section 2-67( e )(8) of the North Richland Hills Code of Ordinances be amended to read as follows: 33 35 "(e)(8) The citizen's comments portion of the city council meeting is set for members of the public to address the city council on any item of business that is not formally scheduled on the agenda or scheduled as a public hearing. Members ofthe public should complete a public meeting appearance card prior to the item being heard and present it to the city secretary. Such public appearance cards will state the rules for citizen presentations and an acknowledgment by citizens that they understand and will adhere to the rules regarding speaking during citizen's presentation. Citizens' comments are generally permitted at the beginning ofthe regular meeting, after ceremonial items, as specified on the agenda. Presentations shall be limited to three minutes each. Citizens' comments shall be limited to a cumulative total not to exceed 30 minutes for all speakers. If such comments exceed such limit the council may extend 37 39 41 43 .- e 3 such time or hear them after other business has been completed. Presentations under citizen's comments are limited to matters within the subject matter jurisdiction of the city. Citizen comments concerning matters which are scheduled for consideration by the councilor another city board or commission at a later date will not be allowed. In compliance with the Texas Open Meetings Act, Texas Government Code Section 551.001, et seq., the city council may not deliberate or vote on any matter raised in citizen comments, except for the purpose of determining whether such matter should be placed on a future city council agenda. The Mayor, however, may request the city manager to provide additional information on a matter of general interest to the full council, the public at large and to the citizen making the comment. If a factual question is asked and a staff member has ready knowledge of this, the staff member will be requested to provide immediate response at the Council meeting. If an inaccurate statement is made and a staff member is aware of this, the staff member is requested to respond immediately at the Council meeting. If the citizen inquiry is one that is either quite involved, lengthy, and/or requires research, but is one of general interest to the populace, a follow- up response to the citizen presentation can be made at a future Council meeting; it may also be desirable to replay the original telecast of the citizen's inquiry. Ifthe citizen inquiry is ofa private matter or individual nature, an individual follow-up may be the approach rather than the above. " 5 7 9 11 13 15 17 19 21 e 25 Section 3: THAT Section 2-67(e) of the North Richland Hills Code of Ordinances be amended by adding a new subsection (10) which shall read as follows: 27 29 "(e)(10) No member of the public shall be permitted to conduct any verbal personal attack on the Mayor, any member of the Council, City Staff, or member of any City Board or Commission. Any such attack or attempted attack may be challenged with a point of order or the Mayor may interrupt an offending speaker to enforce this rule." 31 33 35 AND IT IS SO ORDAINED. 37 Passed on this 27th day of June, 2005. 39 41 Oscar Trevino, Mayor 43 e Ordinance No, 2836 Page 2 of 3 e ATTEST: 3 5 7 Patricia Hutson, City Secretary 9 APPROVED AS TO FORM AND LEGALITY: 11 13 George Staples, Attorney e e Ordinance No. 2836 Page 3 of 3 CITY OF NORTH RICHLAND HILLS Department: City ManaQer's Office Council Meeting Date: June 27, 2005 Subject: Approve Contract for LeQal Services _ Resolution No. 2005-055 Agenda Number: GN 2005-067 On June 14, 2004 the City Council approved the appointment of Taylor, Olson Adkins, Sralla & Elam L.L.P. (TOASE) to provide legal services for the City and they approved George Staples as City Attorney. The Council also approved a two year contract for legal services. The hourly rates remained the same from the original agreement in 2002. These include $140 per hour for general legal services and $160 per hour for litigation services. To maximize the value of the legal services the City of North Richland Hills and to keep costs competitive with surrounding cities a new agreement is being proposed. The proposed new agreement extends the contract for 5 years effective July 1, 2005. Fees for general legal services are recommended to be adjusted to $150 per hour and litigation services are recommended to be adjusted to $175 per hour. City staff has conducted a survey of legal services of area cities and the recommended rates are very much in line and comparable with other cities for similar legal and litigation services. We anticipate that the change in rates will have minimal impact, if any, on the budget. The City Attorney will continue to provide up to 20 office hours a week at City Hall. We believe that the current level of hours is very adequate at this time and would not anticipate anything of any significance in the foreseeable future, as far as "in office" hours at City Hall. The City Attorney attends all of the City Council Meetings, prepares ordinances and resolutions and other contract documents, as well as advises the City staff on items related to legal procedures and compliance with state and federal laws. The City Attorney represents the City in all matters at state and federal courts and enforces obligations to the City as requested. The City Attorney also provides representation for the City on any litigation. Considerable progress has been made toward reducing the number of cases against the City. In May, 2003 there were 13 cases pending; at this time there are only two (2) cases pending that are being handled by TOASE. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Avai a e Budget Manager Department Head Sianature Finance Director c;¡-1i</I)J7/' /(;"J City Manaa r ianature Paae 1 of 1 CITY OF NORTH RICHLAND HILLS TOASE and George Staples have done an excellent job representing the City of North Richland Hills both in general municipal services and litigation, Mr. Staples and his firm have been available and responsive to the City's needs for legal services. TOASE and Mr. Staples work well with City staff. The Mayor has previously recommended and Council has approved George Staples as City Attorney. There is no change in that matter. This agenda item relates only to the approval of a new contract with TOASE increasing the rates and providing for a 5 year contract. It is recommended that the proposed contract be approved. Recommendation: To approve Resolution No. 2005-055 CITY COUNCIL ACTION ITEM p;:¡ae of e e e RESOLUTION NO. 2005-055 WHEREAS, The Mayor has appointed George Staples as City Attorney pursuant to Article VI, Section 6, of the North Richland Hills Charter; and WHEREAS, The City Council desires to extend the term of contract between the City and the firm of Taylor, Olson, Adkins, Sralla & Elam, L.L.P for five years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: That the City Council of the City of North Richland Hills hereby approves the contract extension for five years for legal services of the firm of Taylor, Olson, Adkins, Sralla & Elam, L.L.P. AND IT IS SO RESOLVED Passed on the 2ih day of June, 2005. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Larry J. Cunningham, City Manager e AGREEMENT FOR LEGAL SERVICES THE STATE OF TEXAS § § COUNTY OF TARRANT § This contract is made between the City of North Richland Hills, hereinafter called "City" and Taylor, Olson, Adkins, Sralla & Elam, L.L.P., hereinafter called "Attorneys," and replaces all other agreements between such parties. WIT N E SSE T H: e 1. City, desiring to secure legal services commonly furnished by a city attorney, including preparing ordinances and resolutions, consultation with City Staff, attending City Council meetings and other meetings upon request, and providing all legal advice, representation of the City in all matters which may be pending or which might be hereafter instituted in any of the Courts of the State of Texas and the Courts of the United States, and before all administrative agencies and departments of government, brought by or against City during and throughout the continuance of this agreement; attendance at meetings; the examination of all contracts; and the enforcement of obligations to the City as requested, and other legal services the City may request through staff or its City Council, hereby employs Attorneys to represent it and to furnish such legal services. Attorneys hereby designate George Staples as City Attorney to perform such services, either individually, or through the personal services of one or more attorneys employed by Taylor, Olson, Adkins, Sralla & Elam, L.L.P. Attorneys agree to be present at City Hall up to 20 hours per week, if deemed necessary or desirable by City. City agrees to provide a computer with internet access at City Hall. 2. City agrees to pay and Attorneys agree to accept fees of $150 per hour for all services except litigation and municipal court prosecution (if desired by the City). Litigation shall be charged at $175 per hour plus expenses. Municipal Court prosecution shall be provided upon request at a rate of $125 per hour plus expenses. City shall also pay charges for travel, postage, copying and facsimile whether for retainer or additional services, plus the actual amount of expenses and court costs incurred in representing the City. Travel time will not be charged for travel between attorney's home and City Hall. Such sums shall be billed to the City and shall be paid within thirty (30) days of billing. City will not pay for or reimburse Attorneys for any expense incurred to attend professional development seminars, courses or meetings. 3. Statements reflecting billings for services under this contract will be in writing given monthly to the city for time rendered in the previous month, showing separately the time for services other than litigation and prosec1;ltion, prosecution and litigation, together with disbursements of reimbursable charges and expenses incurred for such matters. Such reimbursable charges and expenses may include but are not limited to long distance telephone e charges, postage, delivery charges, facsimile charges, travel, photocopying, filing fees, and the e use of other service providers, such as computerized legal research, printers and experts, if needed, but only to the extent not provided for directly or reimbursed by the City. Amounts due and owing to the Attorneys under this Agreement shall be due and payable on or before thirty (30) days after the City's receipt of the statement reflecting such billings in accordance with this Agreement. 4. Unless and until the City Council shall otherwise expressly notify the Attorneys in writing, the City Manager and Mayor are each hereby designated representatives of the City for the purposes of this Agreement only, and each representative is authorized to act in such capacity without the assent or joinder of the other. In the case of any ambiguous or conflicting instructions from the designated representatives, if the assent of both designated representatives cannot be obtained, the Attorneys may require the instruction to be clarified by the City Council. Without the express prior approval of the City, the Attorneys will limit the activities of its attorneys at the attorneys office in the City Hall to the consultation, advice and representation of the City. e 5 Subject to and in compliance with the conditions set forth below, the Attorneys may represent persons and entities ("outside clients")other than the City on matters which are unrelated to the Attorneys' representation of the City and the duties of the Attorneys under this Agreement; provided, however, without the express prior written authorization and consent of the City, such outside representation shall be subject to the condition that such representation of outside clients shall not create a conflict of interest with Attorneys' representation of the City. Attorneys agree not to represent current elected officials, appointed officials and employees of the City on personal matters unrelated to the interests of the City without the written consent of the designated representative. 6. City shall have the right to employ additional counsel if needed and to select another finn member for any part of the services to be provided hereunder. 7. This contract shall be in full force and effect beginning July 1,2005, and continuing thereafter for a period of five years unless tenninated earlier by mutual agreement or as provided by the charter of the City of North Richland Hills. The contract may be tenninated without compensation beyond the date of occurrence of any of the following: Conviction of George Staples of a felony or other crime involving moral turpitude; violations of the provisions of the Charter or of any ordinance, rule, or of special orders applicable to him. 2005. Executed at North Richland Hills, Tarrant County, Texas, this the _ day of TAYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P. By: George A. Staples, Of Counsel e . e CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor e e . e -- I e Announcements and Information June 27, 2005 Announcements Join us on July 4th for the Quad Cities Family Fourth Fireworks Show. The fireworks start at 9:30 p.m. They can be viewed at Birdville Stadium in Haltom City as well as North Richland Hills Village Center. Both are located south of Loop 820 near the intersection of Highway 26 and Baker Blvd/Highway 183. Parking is free at both locations and will be available on a first come first served basis, so plan to arrive early. City offices will be closed on Monday, July 4th, in observance of Independence Day. Garbage will be collected by Trinity Waste Services. Richland Tennis Center has another session of group tennis lessons for both youth and adults starting July 5. The Tennis Center offers tennis lessons for all ages and abilities. For more information, please call 817 -427 -6680. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Jesse Byrd, Jorden Keefer and Wesley Millsap, Public Works Department A call was received from a resident thanking these employees for their quick response to his broken water meter. The occurrence happened over the weekend and the resident was pleasantly surprised at the quality of service provided. -