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Home My WebLink AboutCC 2005-05-09 Agendas . CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA MAY 09,2005 - 6:15 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 May 09, 2005 City Council Meeting (5 Minutes) Discuss Ordinance Amending Appendix A to the Code of 2. IR 2005-059 Ordinances and Fees Charged Under Chapter 18 of the Code (10 Minutes) <Agenda Item No. 10> 13. Update on the Pilot Program for Outsourcing Parks Mowing I R 2005-060 (10 Minutes) 4. I R 2005-054 State Legislative Update (10 Minutes) *Executive Session - The Council may enter into closed 5. Executive Session to discuss the following: Deliberation of Personnel Matters as Authorized by Section 551.074 - Council appointed positions and board members of the City of North Richland Hills 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. . POSTED ð5/ð6 / ;ðtJS- , DatE' j/): 0 4 A1K/ Time 05/09/05 City Council Agenda Page 1 of 4 ¥bJ Se~etary By ,,~hlL-t ~ · CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MAY 09, 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 - Public Works Week being presented to Jimmy Cates, David Smyth and Bob Nelson 5. Citizens Presentation 6. Removal of Item(s) from the Consent Agenda · 05/09/05 City Council Agenda Page 2 of 4 '" . . e NUMBER ITEM ACTION TAKEN 7. Consent a. Minutes of the April 25, 2005 Council Agenda Meeting FP 2004-06 b. Consideration of a Request from Angel Freeze to Approve the Final Plat of Lots 1-4, Block 1 Allen Addition (Located in the 7700 Block of Chapman Road - 1.505 acres) FP 2005-04 c. Consideration of a Request from Winkelmann & Associates to Approve the Final Plat of Lots 2 & 3, Block 1 U.I.C.I. Addition (Located on UICI Drive east of Simmons Drive - 4.335 acres) FP 2005-06 d. Consideration of a Request from Rick Figueroa to Approve the Final Plat of Lots 1-4, Block 1 Taylor's Place Addition (Located in the 8800 Block of Kirk Lane - 2.996 acres) GN 2005-043 e. Approve Renewal of Arbitrage Rebate Compliance Agreement with First Southwest Asset Management, Inc. - Resolution No. 2005-037 PU 2005-022 f. Award of Bid to VMC in the Amount of $259,211.48 for Implementing the Pilot Program for Outsourcing General Parks Mowing - Resolution No. 2005-038 PW 2005-006 g. Award of Bid for the Davis Boulevard at Shadywood Lane Traffic Signal Installation to Sharrock Electric, Inc. in the amount of $74,678.70 Public Hearing and Consideration of a Request 8. ZC 2005-05 from Richard Rhodes for a Zoning Change from "C-2" Commercial and "R-3" Residential to "RD- PD-HC" Redevelopment Planned Development for "HC" Heavy Commercial District Uses (Located at 7516 Smithfield Road - 1.6 acres) - Ordinance No. 2831 Public Hearing and Consideration of Ordinance 9. G N 2005-044 Adopting Youth Programs Standard of Care- Ordinance No. 2832 05/09/05 City Council Agenda Page 3 of4 . . e NUMBER ITEM ACTION TAKEN Approve Ordinance Amending Appendix A to the 10. GN 2005-045 Code of Ordinances and the Fees Charged Under Chapter 18 of the Code - Ordinance No. 2833 Approve Participation in Tarrant County CDBG 11. GN 2005-046 and Home Investment Partnership Program - Resolution No. 2005-039 Approve Joint Administrative Agreement for 12. GN 2005-047 Administration of the Community Development Entitlement ProQram - Resolution No. 2005-040 Consideration of a Recommendation from the 13. GN 2005-048 Naming Board for a Street Name Change of a Portion of Industrial Park Boulevard - Ordinance No. 2834 Action on Any Item Discussed in Executive 14. Session listed on Pre-Council Agenda 15. Information and Reports - Councilwoman Johnson 16. Adjournment POSTED tJ6/ð6/;1æJS DatE' .'1 . /¿J: II AiA" / Time 05/09/05 City Council Agenda Page 4 of 4 ~ City Secretory ~ BY . jt,)L INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2005- 059 ~ Date: T Subject: May 09,2005 Discuss Ordinance Amending Appendix A to the Code of Ordinances and Fees Charged Under Chapter 18 of the Çode This is a housekeeping item to include fees with respect to food service regulations and to eliminate Group Day Care homes that are inspected and regulated by the State of Texas Department of Regulatory Services. Also included in the proposed ordinance is the listing and fees of additional permits associated with concessions stands and municipal special events that in the past were previously permitted in other categories. Staff feels this addition will clarify and better define the issuance of particular food permits. Staff will continue to review the food service regulations ~md will bring any other proposed changes to council at a future date. Respectfully submitted, ík~ Ann Stout ighborhood Services Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS II . INFORMAL REPORT TO MAYOR AND CITY COUNCIL IR # 2005-060 e ~ Date: T Subject: May 9,2005 Update on the Pilot Program for Outsourcing Parks Mowing The City Council, at their March 28, 2005 meeting, reviewed a proposal for a pilot program to outsource general parks mowing. The program, developed in response to adopted annual goals and objectives, is designed to maximize all available resources to provide the highest level of maintenance standards possible. According to the proposal, in lieu of hiring the four approved maintenance workers at mid-year as included in the FY 2004/05 budget, the funds associated with the approved decision package, along with other associated costs attributed to general mowing, would be re-directed towards a mowing contract. The benefits of this approach include: e . Reduces the man-hour deficit we currently have to maintain maintenance standards. Man-hours not expended on unskilled tasks (general mowing) can be directed toward skilled tasks such as Park Support (playground inspections infrastructure repairs, renovations, construction), Chemical Applications, Athletic Field Preparation, and Horticultural Services (aeration, top dressing, pond maintenance, landscaping), thus increasing the quality of service in these areas. · Reduces potential for liability and worker's compensation and employee insurance claims that can potentially increase the City's cost responsibilities. · Reduces additional maintenance facility space needs for workers and equipment resulting in new capital and operating expenditures. · Eliminates annual depreciation costs for replacement of mowing equipment. · Eliminates need for additional general mowing equipment capital costs arising from obligation to mow newly constructed parks and open spaces. . Reduces fuel and equipment maintenance expenditures. · Increases the level of park maintenance service while maintaining or decreasing the overall cost. Specifications in the bid documents for the mowing contract called for the initial contract period to begin May 16, 2005 and continue through September 30, 2005. Upon approval of the FY 2005/06 budget, the contract will be extended to September 26, 2006. There will be the option e to renew the contract twice for one year periods, at the end of the 2005/06 contract. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS " ~ e Renewal shall be based on an evaluation by the Parks and Recreation Department of the contractor's performance during the previous period, budget requirements, etc. Prices were bid for both the current fiscal year and next fiscal year. Formal bids were solicited for the Outsourcing General Parks Mowing Project #05-1236. Three (3) bids were received, and the results are outlined below. FY2004/2005 FY2005/2006 Total Base Contractor Amount Amount Bid VMC Landscape Services $91,900.04 $167,314.44 $259,211.48 Qualityscape $135,330.00 $209,920.00 $345,250.00 True Green Landscape $201,078.13 $356,393.30 $557,471.43 VMC Landscape Services submitted the lowest total base bid in the amount of $259,211.48. The FY 2004/2005 amount is $91,900.04. The total available funds attributed to general in-house mowing that can be applied to this mowing contract for FY 2004/05 is $155,173. This represents a direct savings of $63,273 in the current year budget. Accordingly, if the award of the bid is approved, $167,314.44 will need to e be included in the budget for FY 2005/06. VMC Landscape Services has been the contractor for mowing rights-of-way, water tower sites and pump station sites since March, 1999 and has performed well during this time. VMC has also provided school districts and other municipalities with landscape maintenance services for the past twelve (12) years. Current clients include Frisco lSD, City of Piano, City of Carrollton, City of Grapevine and the City of Farmers Branch. If City Council awards the mowing contract allowing for the implementation of the pilot program for outsourcing general parks mowing, staff will monitor and evaluate the program during FY 2005-06 to measure the success of the program and its continuation. Respectfully Submitted, ðKifÒ- ~6~ Vickie Loftice Director of Parks and Recreation - ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2005-054 ~ Date: May 9, 2005 --r Subject: State Legislative Update Attached is a NRH Legislative Update for the 79th Regular Session of the Texas Legislature. At this time we are tracking approximately 300 City related bills. The attached report provides a list of priority legislation we are tracking. The report lists the bills being tracked, who authored the bills, a short description, which departments would be impacted, the City position, the last action taken and which committee has reviewed or is currently reviewing the bills. You will notice that a position is not stated for every bill. These are bills that we feel are important to track and watch, but at this time do not necessarily oppose or support them. We are using ·a legislative service called Gallery Watch to track the bills. Gallery Watch sends daily reports of new actions on all the bills we are tracking, and provides instant alerts on priority legislation. In addition we are keeping in close contact with the Texas Municipal League (TML) who provides a Legislative Update every Friday. As of March 11, the bill filing deadline, 5,409 bills and joint resolutions had been filed. Although more bills have. been filed since that time, the total number of bills filed will be lower than any year since 1995. Most of the bills we are tracking are currently in committee. City positions can change throughout the session depending on changes and amendments to each bill as they move through the process. The last day of the 79th Legislature regular session will be Monday, May 30. The last day the governor can sign or veto bills is Sunday, June 19, 2005. During the Pre-Council meeting, I will be highlighting some of the priority bills we are tracking. Karen Bostic Managing Director e ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS e c: o .- t/) t/) (1) en (1) ~ - t/) .- m (1) ..J .c ..., 0) I' e "0 c: ro(J) ~-CI) ro ., u 3: ~ c: ro ro """"CI)C: ;S:2:ü: .~ :c CI) ::::I..... Q.ro .... c: o CI) -(J) a3 .£ "S 0> CI) "0 c: U CI) .- c: ..c:roro u CI) .£ (J)..c:LL. (f c: c: ro CI) CI) E:2: c:oð .... 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() è.~ Q) s.~êo~ffil~ õ ~ ~._ (\] .... § 32 Õ ~ ~.5: U ~ .- :J ~ "'0 0 è e: _ 15 ~ O.~ E 13 .Q ~ "S ::s.; e:.5 _0 (\] ..... 10;; C> . ,0 -. 10;. Q.. ~ (\] ~~g~§~~~ o .... (\] >< U e: C) (\] -co LC) otne: C> E - r- - :0::: "'0 .0 .!; (\] .(1) g ro C) .¡:;;¡ 15(¡j~::"'(I):5'¡§g -;;;:= (I);!S C) ~~u:J .., 0 :0::: 0 .... ., - e:::: a..e =:3 "'0 tn.!:; (\] ...:0 a>- -..c .~ ã) ¿ ..0 I:: a>§a¡- (/)«~GO C') ~ I'- CC (/) 10 o o .£::! ~ 10 '<t ~ I'- CC (/) ,. MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - APRIL 25, 2005 e PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 25th day of April, 2005 at 6:10p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino David Whitson John Lewis Jo Cox Suzy Compton JoAnn Johnson Nancy Bielik Timothy J. Welch e Staff Members: Larry J. Cunningham Richard Torres Ogden 80 Bass Karen Bostic Patricia Hutson George Staples Mary Edwards John Pitstick Mike Curtis Vickie Loftice Drew Corn John Lynn Richard Abernethy Call to Order Mayor Mayor Pro T em Councilman Councilwoman Councilwoman Councilwoman Councilwoman Councilman ., City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary City Attorney Public Information Officer Director of Development Public Works Director Parks & Recreation Director Budget Director Interim Police Chief Assistant to City Manager Mayor Trevino called the Pre-Council meeting to order at 6:10p.m. 1. Discuss items from Regular April 25. 2005 City Council Meeting Agenda Item 10, GN 2005-040 - Councilwoman Cox asked for a definition of slurry seal. Councilwoman Cox was advised that it was an oil slurry sealant that was placed over the surface of asphalt. Agenda Item 12 - GN 2005-042 - Councilwoman Cox referred to the water agreement with Watauga and questioned how the City of Watauga reimbursed North Richland Hills e for water supplied to them through the city's line. City Council Minutes April 25, 2005 Page 2 e Staff advised that the agreement was for the sharing of the facility. Watauga pays for the use of the line and meters monitor the flow back and forth and Watauga's use is subtracted. 2. IR 2005-052 Review New Code of Ordinances City Secretary Patricia Hutson presented to the Council the new Code of Ordinances. Ms. Hutson briefed the Council on the history of the previous Code and the process to recodify the ordinances of the City. Council was advised that the ordinances were originally codified in 1975 and needed to be updated. In 2001 the recodification of the general ordinances of the city was initiated, and in October 2003 a second project to codify the zoning ordinances of the city was initiated. The new "Code of Ordinances" consists of two volumes. One volume contains the Charter and the General Ordinances of the City and the second volume contains the Building and Land Use Regulations. The last step in the codification process is for the Council to adopt the new Code by ordinance. After adoption by Council, both volumes will be placed in the Library for public use and it will be available for citizen access on-line on the city's website. . 3. IR 2005-053 Canvass Date for Mav 7.2005 Election e City Secretary Patricia Hutson advised that pursuant to the Texas Election Code the period for the canvass of the May 7 election is May 15-18. The canvass has been set for May 17 at 6:00 p.m. 4. IR 2005-055 Discuss Proposed Quad Cities 4th of Julv Celebration Park and Recreation Director Vickie Loftice advised the Council that due to financial constraints the City of Bedford would most likely not be hosting their annual 4th of July celebration this year. Last year North Richland Hills sponsored the Bedford event in the amount of $5,000. North Richland Hills staff met with Bedford Staff and discussed different options. The most preferred option was a Quad-Cities event in North Richland Hills with Bedford helping to sponsor the event. The Quad-Cities (Haltom City, Richland Hills and Watauga) as well as Bedford would equally fund the event with production, planning and labor shared. The south Grapevine Hwy area near the ATI site is being considered as the possible location for the event. Each of the four cities will be presenting the proposed project to their City Councils at their respective meetings this week. The City Manager felt that approximately $30,000 would be needed to produce a good fireworks show and that at least four sponsors would be needed. The City Council agreed to support the event if the other four cities would participate and contribute up to a maximum of $8,000. e Councilwoman Cox advised that she had a question regarding the April 11 City Council minutes. Councilwoman Cox questioned that her kudos to Public Works Director Mike e e e City Council Minutes April 25, 2005 Page 3 Curtis had not been included with the Kudos Korner during the Information and Reports. Councilwoman Cox was advised that if she would like her comments to be made part of the minutes, she could remove the minutes from the Consent agenda and make a motion a motion to approve the minutes with an amendment to include her comments. 5. Adjournment Mayor Trevino announced at 6:38 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order April 25, 2005 at 7:00 p.m. ROLL CALL Present: Oscar Trevino David Whitson John Lewis Jo Cox Suzy Compton JoAnn Johnson Nancy Bielik Timothy J. Welch Mayor Mayor Pro T em Councilman Councilwoman Councilwoman Councilwoman Councilwoman Councilman Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Attorney 2. INVOCATION Councilwoman Cox gave the invocation. City Council Minutes April 25, 2005 Page 4 e 3. PLEDGE OF ALLEGIANCE Councilwoman Cox led the pledge of allegiance. 4. SPECIAL PRESENTATIONS None. 5. CITIZENS PRESENTATION Mayor Trevino advised that he had several requests from citizens and asked Council if they would be agreeable to extending the Citizen Presentation time from 20 minutes to 40 minutes. Council was agreeable with the extension. e Mr. Herb Parsons, 7701 Turner, expressed his appreciation to Councilwomen Cox and Bielik for their service to the citizens the past year. Ms. Anita McNeese, 7717 Terry Drive, commented that the Economic Development Department and Staff have worked hard on the North Hills Mall project and deserve public recognition, but asked who would be occupying the development project. Ms. McNeese expressed concern with the number of businesses leaving the city and the need to retain the businesses currently established in the City. Ms. McNeese also asked the following questions: 1) Why are there eight very expensive rock NRH monuments on North Tarrant Parkway within one-half mile of Davis Boulevard to Precinct Line Road? 2) Why did the Council spend $25,000 taxpayer dollars for one weekend out-of-town for budget review; what is wrong with the city's facilities? 3) When was the 10.5 million dollar library planned to be located in Hometown presented on a ballot for voter approval? The Mayor asked the City Manager to send a response to Ms. McNeese's questions. Ms. Myrtis Byrd, 7312 Hialeah Circle West, expressed appreciation for the Senior Centers and the City. Ms. Byrd asked for a public apology from the Mayor for a comment that he said to her at the Bursey Road Senior Center. e Mr. Tim Barth, 8400 Bridge Street, spoke on behalf of ten individuals present in the audience. The ten individuals he represented were asked to stand. Mr. Barth referred City Council Minutes April 25, 2005 Page 5 e to a column written by a City Council member and posted on a local internet site. Mr. Barth stated it was his understanding that the same information had also been sent as part of a campaign mailing to North Richland Hills citizens. Mr. Barth stated that the Mayor, in response to a citizen inquiry concerning the council member's claims, wrote a letter to the citizen addressing the claims. The Mayor's letter was posted to the Local News Only website. Mr. Barth stated he felt it important to hear both sides of the debate and read the Mayor's letter. Mr. Barth advised he had edited the letter to stay within the citizen presentation time limits but the letter may be viewed in its entirety on the Local News Only website. Ms. Denise Llewellyn, 7337 Timberidge Drive, spoke on behalf of ten individuals present in the audience. The ten individuals were asked to stand. Ms. Llewellyn explained she lost her son in a fatal car accident on Rufe Snow and as a result, she volunteers her time to educate teens on the consequences of drugs, alcohol, street racing, etc. Ms. Llewellyn advised she recently received an unwelcome visit from Kerry West harassing her on the political signs in her yard. Ms. Llewellyn advised that during the visit, Mr. West also harassed her twice on her son's wrecked car being parked in her driveway. Ms. Llewellyn explained that she uses her son's car in her outreach programs and that when the car is not being used at a public event or school function; it is legally parked and tarped in her driveway. Ms. Llewellyn felt Mr. West had attacked her and her family and that Mr. West owed her a public apology. e Ms. Gini Parsons, 7701 Turner Drive, remarked on the diversity of views and commented on the need to continue to work together for the good of the community after Election Day. Mr. Russell "Rusty" Caranfa, 8504 Olmsted Terrace, spoke on behalf of ten individuals present in the audience. The ten individuals were asked to stand. Mr. Caranfa stated he was a former elected official and had recently relocated to North Richland Hills. Mr. Caranfa stated that as a former elected official he was familiar with the tactics and strategies of the so called "concerned" citizens and had empathy for the present Council. Mr. Caranfa addressed the tactics and strategies and the effect on the community and the City. Mr. Caranfa referred to a specific letter written by a citizen and addressed the comments in the letter. Mr. Steve Koons, 6054 Lake Way Mews, thanked the Mayor, Council and City Manager for the responsiveness shown to citizens who have asked questions during citizens presentations and for promoting open government through open communications with all citizens. Mr. Bill Gietema, 5440 Harvest Hill, Dallas, President of Arcadia Realty and developer of Hometown NRH, expressed concern with the alarming things, specifically on a website and articles authorized by Ron West, being written about Hometown, himself personally and his business. e e e e City Council Minutes April 25, 2005 Page 6 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilwoman Cox removed 7a from the Consent Agenda. Mayor Trevino removed 7b from the Consent Agenda. 7. APPROVAL OF CONSENT AGENDA ITEMS A. REMOVED B. REMOVED No action required. 7A. MINUTES OF THE APRIL 11 2005 COUNCIL MEETING APPROVED COUNCILWOMAN Cox MOVED TO APPROVE THE MINUTES WITH THE FOLLOWING AMENDMENT TO INFORMATION AND REPORTS TO INCLUDE THE COMMENTS MADE BY COUNCILWOMAN COX REGARDING KUDOS FOR MIKE CURTIS: "COUNCILWOMAN Cox ALSO RECOGNIZED PUBUC WORKS DIRECTOR MIKE CURTIS FOR GOING ABOVE AND BEYOND TO ASSIST A VERY UPSET AND ANXIOUS REALTOR AND NEW HOME BUYERS. NOT ONLY DID HE SPEAK TO THEM ON THE PHONE, HE TOOK THE TIME TO VISIT THE HOME THEY WERE PLANNING TO PURCHASE AND TALKED TO THEM AT LENGTH REGARDING A WATER PROBLEM. ONE MORE INSTANCE OF ONE OF OUR CITY STAFF GOING OUT OF THEIR WAY FOR OUR CITIZENS." COUNCILWOMAN BIEUK SECONDED THE MOTION. MOTION TO APPROVE WITH CORRECTION CARRIED 7-0. 7B. PAY 2005-003 APPROVE FINAL PAYMENT TO SHARROCK ELECTRIC, INC. IN THE AMOUNT OF $2615.14 FOR THE GLENVIEW DRIVE AT DAWN DRIVE TRAFFIC SIGNAL INSTALLATION PROJECT APPROVED City Council Minutes April 25, 2005 Page 7 e Sharrock Electric was awarded a bid in April 2004 to install a new traffic signal at the intersection of Glenview Drive and Dawn Drive. The project was part of the 2003 Bond Program and is now complete. Staff recommendation is to approve final payment in the amount of $2,615.14 to Sharrock Electric, Inc. Mayor Trevino asked the Public Works Director to name other projects that had been done on the south side of the City since he had been on Councilor Mayor. Mr. Curtis stated that he did not have a list with him, but projects that came to mind were Glenview Drive from Flory to Honey; Flory from Glenview adjacent to Mullendore Elementary School; a section of Rufe Snow from Glenview to Karen; the intersection at Glenviewand Rufe Snow was reconstructed; section of Rufe Snow from Karen to Loop 820 will soon be under design; sections of Riviera, Briley, and Blaney have been reconstructed; upcoming 2003 bond program projects are sections of Tabor, a section of Briløy; reconstructed Mackey and Jerrell, two projects being designed to reconstruct Janie .and another section of Jerrell; and many streets have been overlaid and slurry sealed. Mayor Trevino asked the Public Works Director to address why a signal light was installed at Glenview and Dawn Drive. e Mr. Curtis explained the light was needed because of pedestrian and traffic congestion. Mayor Trevino commented that he wanted to make everyone aware that the City was experiencing growth and redevelopment on the south side of the City. COUNCILWOMAN JOHNSON MOVED TO APPROVE PAY 2005-003. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 8. GN 2005-039 APPROVE INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR INSTALLATION OF LIVE SCAN SYSTEM FOR JAIL FACILITY - RESOLUTION NO. 2005-036 APPROVED e The Tarrant County District Attorney's Office received a grant from the United States Department of Justice. The grant will provide seven cities in Tarrant County with automated fingerprint systems, which will be connected to the Texas Department of Public Safety Automated Fingerprint Identification System in Austin. The system will allow the police department to electronically fingerprint arrested persons, which will immediately be sent to the state and national crime information computers to verify City Council Minutes April 25, 2005 Page 8 e person's identity, check for warrants and prior criminal activity. Staff is recommending approval of Resolution 2005-036 authorizing interlocal agreement with Tarrant County. Chief Lynn answered questions from Council concerning the length of time agencies will have to wait for the return, the current climate in Washington, D.C. for improving identification measures and the use of biometrics for identification, the potential to expand the system for regular fingerprinting processes for job applicants and other cities with the system in place. COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION No. 2005-036, GN 2005-039. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 9. PW 2005-005 AWARD OF BID TO SHARROCK ELECTRIC, INC. FOR THE TRAFFIC SIGNAL LIGHT COMMUNICATION 2003 PROJECT AND REVISE THE 2004/05 CIP BUDGET APPROVED e Nature of request is to upgrade specific traffic signals to a Spread Spectrum Traffic Signal Communication System. The radio communication system will allow Public Works to monitor the operation of a specific traffic signal from the Service Center. The City's portion of the project was funded ($60,000) in the 2003/2004 Capital Projects Budget for construction. The lowest bid for the project is approximately $20,000 over amount funded therefore changing City's total share cost to $91,000. The grant under which this project is performed stipulates the city must fund the project upfront with reimbursement from Texas Department of Transportation upon completion. The city has several options available: (1) reject all bids due to budget constraints and scope of the project be reduced to fit within approved funding; (2) award project with understanding a change order would be submitted to council reducing scope of the project and (3) use $31,000 from the Unspecified Street account to fund the additional $31,000. The 2004/2005 Capital Projects Budget could then be revised to reflect the change. Staff recommends option three due to the importance of the project to improve traffic flow and minimize congestion in the city. Public Works Director Mike Curtis and Public Works Operations Manager Jimmy Cates, addressed questions from the Council on how the synchronization of the signals will be accomplished, the timing plan, how the system will affect the flow of the traffic, the start and completion dates, future plans for Smithfield at Davis and the future realignment of Smithfield at Bridge Street. e e e e City Council Minutes April 25, 2005 Page 9 COUNCILWOMAN JOHNSON MOVED TO AWARD THE BID TO SHARROCK ELECTRIC, INC. IN THE AMOUNT OF $298,145.25 AND REVISE THE 2004105 CAPITAL IMPROVEMENT PROJECTS BUDGET AS PRESENTED BY STAFF. COUNCILWOMAN BIEUK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 10. GN 2005-040 APPROVE 2005 PREVENTIVE STREET MAINTENANCE PROGRAM APPROVED Nature of request is to approve the 2005 preventive street maintenance program as discussed and approved by the Capital Improvement Program Committee at their April 18, 2005 meeting. The program being recommended by the committee consists of: asphalt overlay (15 streets), slurry seal (22 streets and crack seal (43 streets). The total estimated cost of the program being recommended is $574,843. Sufficient funds are available in the Permanent Street Maintenance and staff and the CIP Committee recommends approval of the 2005 Preventive Street Maintenance Program. In response to questions from Council, Staff discussed the history of the Street Maintenance Fund budget, who is responsible for the street ratings, and explained slurry seal. COUNCILMAN WELCH MOVED TO APPROVE GN 2005-040, APPROVING THE 2005 PREVENTIVE STREET MAINTENANCE PROGRAM. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 11. GN 2005-041 APPROVE ADOPTION OF THE NEW CODE OF ORDINANCES- ORDINANCE NO. 2829 APPROVED In April 2002 staff began the process of working with Municipal Code Corporation to recodify the City's Code of Ordinances. The City's ordinances were originally codified in 1975, updated in 1984 with further supplement publications from 1984 to June 2003. The initial project did not include the codification of zoning ordinances for the city. In the 2003-04 budget funding was provided to codify the zoning ordinances. The codification is now complete and staff is recommending that council approve Ordinance No. 2829 adopting the new "Code of Ordinances". Once adopted, the "Code of Ordinances" will be made available for public use in the Library as well on the city's website. e e e City Council Minutes April 25, 2005 Page 10 COUNCILWOMAN JOHNSON MOVED TO APRPOVE ORDINANCE No. 2829. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 12. GN 2005-042 APPROVE WATER CONSERVATION AND EMERGENCY WATER DEMAND/DROUGHT CONTINGENCY PLAN - ORDINANCE NO. 2830 APPROVED Nature of request is to approve an ordinance for the City's Water Conservation and Emergency Water Demand/Drought Contingency Plan. The Texas Administrative Code, Title 30, Chapter 288, which became effective October 7,2004, requires the City of North Richland Hills as a wholesale water provider and customer to revise its Water Conservation Plans and Drought Contingency Plans. . The City's Water Conservation and Emergency Water Demand Management Plan was originally approved by council on August 09, 1999. Staff has updated the Water Conservation and Emergency Water Demand Management Plan to meet the requirements of Texas Administrative Code, Title 30, Chapter 288 and are included in Ordinance No. 2830. The revised plans are to be submitted to the Texas Commission on Environmental Quality no later than May 1, 2005. Staff is recommending that council approve Ordinance No. 2830. Public Works Director Mike Curtis was available to answer questions from council. Councilman Welch asked that the Plan's trigger conditions and implementation measures be placed on the city's website for the citizens. MAYOR PRO TEM WHITSON MOVED TO APPROVE ORDINANCE No. 2830, GN 2005-042. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 13. INFORMATION AND REPORTS Councilwoman Compton made the following announcements. Early voting for the May 7 City Council Election continues from 8 a.m. to 5 p.m., Monday through Friday, through May 3. Early voting will also be held from 10 a.m. to 4 p.m. on Saturday, April 30. Early voting takes place at City Hall, 7301 N.E. Loop 820. Please bring your voter registration card with you. e e e City Council Minutes April 25, 2005 Page 11 The 10th Annual Paws for the Cause Walk-A-Thon will be held at 9 a.m. on Saturday, April 30, benefiting the NRH Animal Adoption & Rescue Center. The two-mile walk begins at the center, 7200 B Dick Fisher Dr. Area residents are encouraged to bring their pets to the walk, provided they are on a leash and have current rabies vaccinations and licenses. For registration information, please call 817-427-6570. The City of North Richland Hills continues its free spring concert series at Green Valley Park, 7701 Smithfield Road. The next scheduled performance is the Fort Worth Symphony Orchestra at 8 p.m. on May 6. Admission is free. Please bring your own lawn chairs and blankets. For more information, call 817-427-6614. Kudos Korner - JoAnn Stout & Staff, Neighborhood Services Department - The North Richland Hills Neighborhood Initiative Program has been selected as a finalist for the 2005 City Livability Awards presented by the U.S. Conference of Mayors. More than 150 cities from across the country submitted applications for the award. The Neighborhood Initiative Program was one of 15 finalists selected for improving the quality of life in U.S. cities. Winners of the award will be announced in June during the 73rd Annual Conference of Mayors in Chicago. Congratulations to the Neighborhood Services Department and the many Neighborhood Initiative volunteers for this accomplishment. IR 2005-057 STAFF REPORT ON STATUS OF TIF AND HOMETOWN LIBRARY (FOLLOW UP FROM APRIL 11, 2005 CITIZEN'S PRESENTATION) City Manager Larry Cunningham read letter addressed to Ms. Jane Birkes in response to her inquiry at the last council meeting during citizen's presentation. 14. ADJOURNMENT Mayor Trevino adjourned the meeting at 9:03 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary . ~ CITY OF NORTH RICHLAND HILLS Department: Planning Department Council Meeting Date: 5/09/05 Subject: Consideration of a Request from Angel Freeze to Approve Agenda Number: FP 2004-06 the Final Plat of Lots 1-4, Block 1 Allen Addition (Located in the 7700 Block of Chapman Road - 1.505 acres). Case Summary: The applicant is requesting the approval of the Final Plat of Lots 1-4, Block 1, Allen Addition. The site is currently vaænt and the applicant is proposing the development of a 4-lot single family residential subdivision. Current Zoning: "R-2" Single Family Residential. Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for the area. The proposed use is consistent with the Plan. Thoroughfare Plan: This tract has frontage on Chapman Road, a 4-lane, undivided, major collector street (C4U)with 68' Right Of Way (ROW). No additional ROW dedication is required by this plat. Preliminary Plat: A preliminary plat for this site (ref. PS 2004-18) was approved by the Planning and Zoning Commission on June 17th of last year. Staff Review: The Development Review Committee has reviewed the plat and has determined that it complies with the approved Preliminary Plat. Attached is a staff memo recommending that this final plat be placed on the Planning and Zoning Commission and City Council Agendas for consideration. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on, April 21, 2005 recommended approval of FP 2004-06 by a vote of 6-0. Recommendation: Approve the Final Plat of Lots 1-4, Block 1 Allen Addition. Review Schedule: Application: 7/12/04 Final Hearing: 5/09/05 Total Review Time: * *This application was submitted in July of 2004. The applicant, however, was not responsive to staffs review comments and processing of the plat was halted in October of 2004. The applicant has only recently re-initiated the review and processing of the plat. Finance Review Source of Funds: Bonds (GO/Rev.) . Budget Account Number Sufficient Funds AVaIlable ~ Finance Director · · · - \ --..... " I N w4tE S IY-{~ '- ~ ~L/-{ ~ ,..- t'----1J u ~ ...J 1/ ~ " v-L- / -- V/~ L-~ / ~ -- - Cha man Rd I ~I Iii ø ,~IIÍ ( i ~ _'~ /~ I ,.....< NRH FP 2004-06 Final Plat Lots 1-4 Allen Addition Prepared by Planning 04/08/05 -- ¡...-- - - - - - - _v/- ~ Ì'ì I .... · · · NI~H - ~ --- ~_.-. March 21,2005 MEMO TO: Donna Jackson, Planner FROM: f) Caroline Waggoner, Engineer Associate SUBJECT: Allen Addition; Lots 1-4, Block 1 Final Plat, FP2004-06 Public Works has reviewed the Final Plat submitted to this office on March 14,2004. We recommend placement on the next Planning and Zoning meeting agenda. We recommend placement on the next City Council Meeting Agenda following approval by the Planning and Zoning Commission. cc: Mike Curtis, P.E., Public Works Director Dave Green, Planning Director CL W/pwm2005-059 · FP 2004-06 CONSIDERATION OF A REQUEST FROM ANGEL FREEZE TO APPROVE THE FINAL PLAT OF ALLEN ADDITION (LOCATED IN THE 7700 BLOCK OF CHAPMAN ROAD - 1.505 ACRES). APPROVED This is a final plat of Lots 1-4, Block 1, Allen Addition on Chapman Rd. The current zoning is R2 residential, requiring a minimum of 9,000 sq. ft. lot with a minimum 2,000 sq. ft. house. The Comprehensive Plan calls for low density residential type uses and that is what is being proposed. The preliminary plat was approved last year. Public Works memo states that all Development Review Committee (ORC) issues have been addressed and staff recommends approval. The Chairman asked if the applicant wanted to add anything. He shook his head no and the Chair called for a motion. Mr. Shiflet, seconded by Mr. Wood, motioned to approve FP 2004-06. The motion was approved unanimously (6-0). · · _._ N , . ; CITY OF NORTH RICHLAND HILLS Department: PlanninQ Department Council Meeting Date: 5/09/05 Subject: Consideration of a Request from Winkelmann & Associates Agenda Number: FP 2005-04 to Approve the Final Plat of Lots 2 & 3, Block 1 U.I.C.I. Addition (Located on UICI Drive east of Simmons Drive - 4.335 acres). Case Summary: The purpose of this final plat is to prepare both lots for development. The applicant is proposing to construct a 30,000 square foot office building on Lot 2. As yet no specific use has been proposed for Lot 3. Current Zoning: "0-1" Office. Thoroughfare Plan: Both lots have public street access from UICI Drive, a 2-lane street with a proposed minimum 70' Right Of Way (ROW). Lot 3 also has access from Simmons Drive, an undivided collector street with a variable width ROW (from Mid-Cities Boulevard to the intersection with UICI Drive). Comprehensive Plan: The Comprehensive Plan was revised for office uses when the site was rezoned in 2002. The proposed office building is consistent with the Plan. Staff Review: The Development Review Committee has reviewed the plat and has determined that it complies with the approved Preliminary Plat. Attached is a staff memo recommending that this final plat be placed on the Planning and Zoning Commission and City Council Agendas for consideration. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on April 21, 2005 recommended approval of FP 2005-04 by a vote of 6-0. Recommendation: Approve the Final Plat of Lots 2 & 3, Block 1 U.I.C.I. Addition. Review Schedule: Application: 2/15/05 Final Hearing: 05/09/05 Total Review Time: 11 weeks Finance Review Source of Funds: Bonds (GOlRev.) . Budget Other ~ Account Number Sufficient Funds Aval1able Finance Director .. . Cardinal Ln Ice House Dr . N W¿~~E ~~ S . UI ...: o C/) c: o E E ü5 NRH FP 2005-04 Final Plat Lots 2 & 3, Block 1 U.I.C.I. Addition Prepared by Planning 04/13/05 . . . NI~H ~. i....._~- -:,',_ .L ._ -. - '----- -_. .- - ---- ._~ --' - April 4, 2005 MEMO TO: Donna Jackson, Planner FROM: Caroline Waggoner, Engineer Associate Cµ SUBJECT: UICI Addition; Block 1, Lots 2 & 3 Final Plat, FP 2005-04 Public Works has reviewed the Final Plat submitted to this office on April 1, 2005. We recommend placement on the next Planning and Zoning meeting agenda. We recommend placement on the next City Council Meeting Agenda following approval by the Planning and Zoning Commission. cc: Mike Curtis, P.E., Public Works Director Dave Green, Planning Director CLW/pwm2005-063 . FP 2005-04 CONSIDERATION OF A REQUEST FROM WINKLEMANN & ASSOCIATES TO APPROVE THE FINAL PLAT OF LOTS 2 & 3, BLOCK 1 U.I.C.I. ADDITION (LOCATED IN THE 9000 BLOCK OF WALKER BOULEVARD - 4.335 ACRES). APPROVED The preliminary plat took in a much larger area, but this final plat is for Lots 2 and 3 only. U.I.C.I is final platting these two lots in order to go ahead and build a 30,000 sq. ft. office building on this site. The property is zoned 01 "office" and is consistent with the Comprehensive Plan. Public Works memo states that all issues have been addressed and staff recommends approval. Mr. Sapp, seconded by Ms. Cole, motioned to approve FP 2005-04. The motion was approved unanimously (6-0). . . '" . ,C, .. . ", .. CITY OF NORTH RICHLAND HILLS . Department: Planning Department Council Meeting Date: 5/09/05 Subject: Consideration of a Request from Rick Figueroa to Approve Agenda Number: FP 2005-06 the Final Plat of Lots 1-4, Block 1 Taylor's Place Addition (Located in the 8800 Block of Kirk Lane - 2.996 acres). Case Summary: The applicant is requesting the approval of the Final Plat of Lots 1-4, Block 1 Taylor's Place Addition. The purpose in platting this site is to create a 4-lot single family residential subdivision. Current Zoning: "R-2" Residential. Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for this area. The proposed uses are consistent with the Plan. Thoroughfare Plan: The site has frontage along both Kirk Lane and Kirk Road. The Thoroughfare Plan designates both streets as 2-lane, undivided, local residential streets (R2U) with 50' Right Of Way (ROW). The plat indicates a 9' ROW dedication along Kirk Road and a 5' dedication along Kirk Lane. Preliminary Plat: A Preliminary Plat (ref. PP 2004-09) was approved by the Planning and Zoning Commission on December 16th of last year. Staff Review: The Development Review Committee has reviewed the plat and has determined that it complies with the approved Preliminary Plat. Attached is a staff memo recommending that this final plat be placed on the Planning and Zoning Commission and City Council Agendas for consideration. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on April 21, 2005 recommended approval of FP 2005-06 by a vote of 6-0. Recommendation: Approve the Final Plat of Lots 1-4, Block 1 Taylor's Place Addition. Review Schedule: Application: 03/29/05 Final Hearing: 05/09/05 Total Review Time: 6 weeks Finance Review Source of Funds: Bonds,(GOlRev.) Operating Budget ~ Account Number Sufficient Funds Aval1able Finance Director . . . N ~ W~E S Rumfield Rd NRH FP 2005-06 Final Plat Lots 1-4, Block 1 Taylor's Place Prepared by Planning 04/13/05 \ . . . NI~H CITY OF NORTH RICHLAND HILLS MEMO TO: Donna Jackson FROM: Glenn Smith, Engineer Associate ~ SUBJECT: Taylor's Place - Block 1, Lots 1-4 Final Plat, FP2005-06 DATE: April 14, 2005 Public Works has reviewed the Final Plat submitted to this office on April 14, 2005. All of Public Works' requirements have been met. We recommend placement on the next Planning & Zoning meeting agenda. Upon approval from the Planning & Zoning Commission, we recommend placement on the subsequent City Council meeting agenda. cc: Mike Curtis, Public Works Director Dave Green, Director of Planning SD Engineering, Engineer/Surveyor, via fax GES/pwm2005-067 \ · FP 2005-06 CONSIDERATION OF A REQUEST FROM RICK FIGUEROA TO APPROVE THE FINAL PLAT OF LOTS 1-4, BLOCK 1 TAYLOR'S PLACE ADDITION (LOCATED IN THE 8800 BLOCK OF KIRK LANE - 2.996 ACRES). APPROVED This final plat is for four (4) residential lots near the intersection of Kirk Rd. with Kirk Lane. This was rezoned to R2 residential and preliminary platted at the beginning of the year. The Comprehensive Plan indicates low density single family use in this area. The plat complies with the Comprehensive Plan. Public Works memo states that all issues have been resolved. Staff recommends approval. Chairman Davis asked if the property owner to the east, Cristi Figueroa, is related to this applicant and was that property included in the preliminary plat but not included in this final plat. Mr. Green confirmed that the property to the east was included in the preliminary plat but is not part of this final plat. · Mr. Sapp asked for clarification of why the driveway was put on the northeast corner of Lot 1. He believes it would create a blind spot for the drivers heading north on Kirk Road and swinging east onto Kirk Lane. The applicant's representative, Ed Childress, SD Engineering, Inc., Aledo, Texas, came forward to explain that two items dealt with the location of the driveway: 1) there is an existing driveway on the lot located on the northwest corner of Kirk Lane and Kirk Road, and 2) the two roadways intersect in a slightly "off' manner - it is not a straight shot on Kirk Lane into the existing residential. Drivers are into the curve a little bit and then they make the turn. The thought was that if the driveway was on the southwest side of Lot 1 it could interfere with the intersection so moving it to the northeast corner of the lot took it farther away from that intersection. The existing driveway on the opposite lot was a concern but the intersection was the bigger concern. Mr. Childress stated that the applicant would agree to either way. Chairman Davis asked if the applicant would restrict the drive to the northeast corner for Lot 1. Mr. Childress responded that the applicant would be ok with that because it gives the ability for the house to face to the west and have a side or rear entry. Mr. Wood, seconded by Mr. Shiflet, motioned to approve FP 2005-06. The motion was approved unanimously (6-0). · 'I " CITY OF NORTH RICHLAND HILLS . Department: Finance Council Meeting Date: 5/9/05 Subject: Approve Renewal of Arbitrage Rebate Compliance Agreement Agenda NumberGN 2005-043 with First Southwest Asset Management, Inc. - Resolution No. 2005- 037 . Since 1986, the Internal Revenue Service code has required that cities comply with certain rules and regulations affecting the tax exempt status of bonds. When cities issue bonds for projects, interest is paid over the life of the bonds to purchasers of the bonds based on rates at the time of issuance. Cities also earn interest on the bond proceeds from the time of receipt until the time projects are completed and all bond monies have been spent. The IRS requires that cities calculate the investment earnings on bond proceeds to determine if the investment earnings exceed the interest amount that is paid to bond holders. In general, the IRS code provides that proceeds of a bond issue may not be invested above the yield on the bonds. Any earnings in excess of the bond yield must be "rebated" to the IRS. Calculations for each bond issue must be prepared annually for the life of the issue. The City of North Richland Hills currently has 22 outstanding issues that require annual rebate calculations. This is a complicated, specialized professional service which First Southwest has successfully performed for the City of North Richland Hills since 1987. State law does not require an RFP for professional services. City policy allows for negotiated pricing for such services when it is fiscally responsible to do so. The agreement renewal under consideration is a five-year contract which may be terminated by either party upon thirty (30) days prior written notice to the other party. First Southwest's original contract renewal offer included a base fee of $1,800 per issue. This was an increase from the 2000 contract which was $1,500 per issue. The City has negotiated a base fee of $1,700 per issue which is more in line with five-year consumer price index increases. Annual cost of the contract will be approximately $40,000 based on the number and type of bond issues outstanding for a given year. The negotiation of the base fee from $1,800 to $1,700 per calculation will save the City approximately $2,000 per year and $10,000 over the life of the contract. RECOMMENDATION: Approve Resolution No. 2005-037 Finance Review f~ Account umber Sufficie unclr Avai a e ~ Budget Manager '~7,~U'~ , F;oa:ooD;rncto< ~1l~ Source of Funds: Bonds (GO/Rev.) Operating Budget Other Page 1 of _ . . . RESOLUTION NO. 2005- 037 WHEREAS, the City of North Richland Hills, Texas, is required by Section 148 (f) (2) of the Internal Revenue Code 1986, as amended, to determine to what extent, if any, it will be required to rebate certain investment earnings on tax-exempt obligations issued by the City; and WHEREAS, it is necessary to make such determinations annually for all outstanding tax exempt issues of the City; and WHEREAS, First Southwest Asset Management, Inc. has successfully performed these services for the City of North Richland Hills since 1987. BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS, THAT: The City Manager be and is hereby authorized to execute the Arbitrage Rebate Compliance Services Agreement between the City of North Richland Hills and First Southwest Asset Management, Inc., as the act and deed of the City. PASSED AND APPROVED, this May 9, 2005. CITY OF NORTH RICHlAND HillS, TEXAS Oscar Trevino, Mayor ATTEST: City Secretary APPROVED AS TO lEGALITY: APPROVED AS TO CONTENT AND FORM: ~ I First Southwest Asset Management, Inc. = An Affiliate of First Southwest Company · · · 325 North St. Paul Street Suite 800 Dallas, Texas 75201-3852 Mendy M. Shugart Assistant Vice President 214,953.8895 Direct 800.678,3792 Toll Free 214840.5040 Fax m s h ugart@flrstsw.com May 2, 2005 Mr. Larry Koonce Finance Director City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182 Dear Larry: We recently noted that our contract to perfonn arbitrage rebate services between City of North Richland Hills, Texas and First Southwest Asset Management, Inc will expire on January 24, 2005. Thanks to clients such as you, First Southwest Asset Management, Inc. has gained a national reputation as a leading provider of arbitrage rebate services. We hope you would like to renew the contract for another five year period. First Southwest has been providing arbitrage rebate services to the City since July 1987. Since there have been numerous additions to the Treasury Regulations over the past several years, we are proposing that the base fee to the City increase to $1,700 for the next five year period. Our fee structure provides an annual base fee per issue, with additional fees charged for more complex scenarios. Additionally, our fee structure provides for a reduction in the annual fee once certain proceeds are spent.· Enclosed are two copies of our 2005 contract for your consideration. An executed contract benefits both of us as it specifies the responsibilities for maintaining compliance with the arbitrage regulations. Therefore, so that we may continue providing arbitrage rebate services, please sign both copies of the contract and return one copy for our files. We appreciate the opportunity to serve you. If you have any questions, please do not hesitate to contact me at (800) 678-3792 or directly at (214) 953-8895. Sincerely, /Î Men y'Shugart .... I ,f4 '~r{ 1;( J C:INrPortbI\REBA TE\JCAMPlSll1226 _].DOC ",-_____._,i . . . Fonn No. 148(t); Rev'd 1110103 AGREEMENT FOR ARBITRAGE REBATE COMPLIANCE SERVICES BETWEEN NORTH RICHLAND HILLS (Hereinafter Referred to as the "Issuer") AND FIRST SOUTHWEST ASSET MANAGEMENT, INC. (Hereinafter Referred to as "First Southwest") It is understood and agreed that the Issuer, in connection with the sale and delivery of certain bonds, notes, certificates, or other tax-exempt obligations (the "Bonds"), will have the need to detennine to what extent, if any, it will be required to rebate certain investment earnings (the amount of such rebate being referred to herein as the "Arbitrage Amount') from the proceeds of the Bonds to the United States of America pursuant to the provisions of Section 148(t)(2) of the Internal Revenue Code of 1986, as amended (the "Code"). For purposes of this Agreement, the tenn "Arbitrage Amount" includes payments made under the election to pay penalty in lieu of rebate for a qualified construction issue under Section 148(t)(4) of the Code. We are pleased to submit the following proposal for consideration; and if the proposal is accepted by the Issuer, it shall become the agreement (the "Agreement') between the Issuer and First Southwest effective at the date of its acceptance as provided for herein below. 1. This Agreement shall apply to all issues of tax-exempt Bonds delivered subsequent to the effective date of the rebate requirements under the Code, except for (i) issues which qualify for exceptions to the rebate requirements in accordance with Section 148 of the Code and related Treasury regulations, or (ii) issues excluded by the Issuer in writing in accordance with the further provisions hereof, (iii) new issues effected in a fashion whereby First Southwest is unaware of the existence of such issue, (iv) issues in which, for reasons outside the control of First Southwest, First Southwest is unable to procure the necessary infonnation required to perfonn such services. Covenants of First Southwest 2. We agree to provide our professional services in detennining the Arbitrage Amount with regard to the Bonds. The Issuer will assume and pay the fee of First Southwest as such fee is set out in Appendix A attached hereto. First Southwest shall not be responsible for any extraordinary expenses incurred on behalf of Issuer in connection with providing such professional services, including any costs incident to litigation, mandamus action, test case or other similar legal actions. 3. We agree to perfonn the following duties in connection with providing arbitrage rebate compliance services: a. To cooperate fully with the Issuer in reviewing the schedule of investments made by the Issuer with (i) proceeds from the Bonds, and (ii) proceeds of other funds of the Issuer which, under Treasury Regulations Section 1.148, or any successor regulations thereto, are subject to the rebate requirements of the Code; b. To perfonn, or cause to be perfonned, consistent with the Code and the regulations promulgated thereunder, calculations to detennine the Arbitrage Amount under Section 148(t)(2) of the Code; and c. To provide a report to the Issuer specifying the Arbitrage Amount based upon the investment schedule, the calculations of bond yield and investment yield, and other infonnation deemed relevant by First Southwest. In undertaking to provide the services set forth in paragraph 2 and this paragraph 3, First Southwest does not assume any responsibility for any record retention requirements which the Issuer may have under the Code or other applicable laws, it being understood that the Issuer shall remain responsible for compliance with any such record retention requirements. 1 . . . Covenants of the Issuer 4. In connection with the performance of the aforesaid duties, the Issuer agrees to the following: a. The fees due to First Southwest in providing arbitrage rebate compliance services shall be calculated in accordance with Appendix A attached hereto. The fees will be payable upon delivery of the report prepared by First Southwest for each issue of Bonds during the term of this Agreement. b. The Issuer will provide First Southwest all information regarding the issuance of the Bonds and the investment of the proceeds therefrom, and any other information necessary in connection with calculating the Arbitrage Amount. First Southwest will rely on the information supplied by the Issuer without inquiry, it being understood that First Southwest will not conduct an audit or take any other steps to verify the accuracy or authenticity of the information provided by the Issuer. c. The Issuer will notify First Southwest in writing of the retirement, prior to the scheduled maturity, of any Bonds included under the scope of this Agreement within 30 days of such retirement. This notification is required to provide sufficient time to comply with Treasury Regulations Section 1.148-3(g) which requires fmal payment of any Arbitrage Amount within 60 days of the final retirement of the Bonds. In the event the Issuer fails to notify First Southwest in a timely manner as provided hereinabove, First Southwest shall have no further obligation or responsibility to provide any services under this Agreement with respect to such retired Bonds. 5. In providing the services set forth in this Agreement, it is agreed that First Southwest shall not incur any liability for any error of judgment made in good faith by a responsible officer or officers thereof and, except to the limited extent set forth in this paragraph, shall not incur any liability for any other errors or omissions, unless it shall be proved that such error or omission was a result of the gross negligence or willful misconduct of said officer or officers. In the event a payment is assessed by the Internal Revenue Service due to an error by First Southwest, the Issuer will be responsible for paying the correct Arbitrage Amount and First Southwest's liability shall not exceed the amount of any penalty or interest imposed on the Arbitrage Amount as a result of such error. Bonds Issued Subsequent to Initial Contract 6. The services contracted for under this Agreement will automatically extend to any additional Bonds (including financing lease obligations) issued during the term of this Agreement, if such Bonds are subject to the rebate requirements under Section 148(t)(2) of the Code. In connection with the issuance of additional Bonds, the Issuer agrees to the following: a. The Issuer will notify or cause the notification, in writing, to First Southwest of any tax-exempt financing (including financing lease obligations) issued by the Issuer during any calendar year of this Agreement, and will provide First Southwest with such information regarding such Bonds as First Southwest may request in connection with its performance of the arbitrage rebate services contracted for hereunder. If such notice is not provided to First Southwest with regard to a particular issue, First Southwest shall have no obligation to provide any services hereunder with respect to such issue. b. At the option of the Issuer, any additional Bonds to be issued subsequent to the execution of this Agreement may be excluded from the services provided for herein. In order to exclude an issue, the Issuer must notify First Southwest in writing of their intent to exclude any specific Bonds from the scope of this Agreement, which exclusion shall be permanent for the full life of the Bonds; and after receipt of such notice, First Southwest shall have no obligation to provide any services under this Agreement with respect to such excluded Bonds. 2 . . . Effective Date of Agreement 7. This Agreement shall become effective at the date of acceptance by the Issuer as set out herein below and remain in effect thereafter for a period of five (5) years ITom the date of acceptance, provided, however, that this Agreement may be tenninated with or without cause by the Issuer or First Southwest upon thirty (30) days prior written notice to the other party. In the event of such tennination, it is understood and agreed that only the amounts due to First Southwest for services provided and extraordinary expenses incurred to and including the date of tennination will be due and payable. No penalty will be assessed for tennination of this Agreement. In the event this Agreement is tenninated prior to the completion of its stated tenn, all records provided to First Southwest with respect to the investment of monies by the Issuer shall be returned to the Issuer as soon as practicable following written request by Issuer. In addition, the parties hereto agree that, upon tennination of this Agreement, First Southwest shall have no continuing obligation to the Issuer regarding any arbitrage rebate related services contemplated herein, regardless of whether such services have previously been undertaken, completed or perfonned. Acceptance of Agreement 8. This Agreement is submitted in duplicate' originals. When accepted by the Issuer in accordance with the tenns hereof, it, together with Appendix A attached hereto, will constitute the entire Agreement between the Issuer and First Southwest for the purposes and the consideration herein specified. In order for this Agreement to become effective, it must be accepted by the Issuer within sixty (60) days of the date appearing below the signature of First Southwest's authorized representative hereon. After the expiration of such 60-day period, acceptance by the Issuer shall only become effective upon delivery of written acknowledgement and reaffirmation by First Southwest that the terms and conditions set forth in this Agreement remain acceptable to First Southwest. Governing Law 9. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to its principles of conflicts oflaws. Acceptance will be indicated on both copies and the return of one executed copy to First Southwest. Respectfully submitted, Printed Name: Randee R. Travis Dare~ ISSUER'S ACCEPTANCE CLAUSE The above and foregoing is hereby in all things accepted and approved by , on this the day of By Authorized Representative Title Printed Name 3 . . . APPENDIX A - FEES The Bonds to be covered initially under this contract include all issues of tax-exempt bonds delivered subsequent to the effective dates of the rebate requirements, under the Code, except for issues which qualify for exceptions to the rebate requirements in accordance with Section 148 of the Code and related Treasury regulations. The fee for each of the Bonds included in this contract shall be: Description Annual Fees Per Issue Per Computation Year (1) $1,700 I Base Fee Per Computation Year: Additional Charges for Special Services Related to: I Debt Service Reserve Funds I Commingled Funds I Transferred Proceeds I Debt Service Fund Residual Calculations (Excess Tax Collections) I $100,000 Test for Debt Service Funds I VariablelFloating Rate Bond Issue I Yield Restriction AnalysisNield Reduction Computation I Universal Cap I Calculation of Late Interest Amount Premium for Quick Turnaround (Preliminary or Final Liability Numbers within 21 days or less) Preparation of IRS Refund Request Commercial Paper: Per allocated issue to erform arbitrage rebate com utation Penalty Calculations: Semiannual fee for each issue of Bonds re ardless of issue size. $1,000 (1) A "Computation Year" represents a one year period fÌ"om the delivery date of the issue to the date that is one calendar year after the delivery date, and each subsequent one-year period thereafter. Therefore, if a calculation is required that covers more than one "computation year," the annual fee is multiplied by the number of computation years contained in the calculation being performed. For example, if the first calculation performed for an issue covers three computation years, the fee for that calculation would be three times the annual fees stated above. (2) Fee based upon complexities involved and estimated time to complete request. $500 $500 $500 $500 $500 $1,000 $500 $500 $500 $500 (2) I $4,000 EXPLANATION OF ADJUSTMENTS TO BASE FEE 1. Debt Service Reserve Funds. The authorizing documents for many revenue bond issues require that a separate fund be established (the "Reserve Fund") into which either bond proceeds or revenues are deposited in an amount equal to some designated level, such as average annual debt service on all parity bonds. This Reserve Fund is established for the benefit of the bondholders as additional security for payment on the debt. In most instances, the balance in the Reserve Fund remains stable throughout the life of the bond issue. Reserve Funds, whether funded with bond proceeds or revenues, must be included in any calculations of rebate. 2. Commingled Fund Allocations. By definition, a commingled fund means that the proceeds of any particular bond issue have been deposited in a fund that contains amounts that are not part of that bond issue. It is common for issuers to commingle bond proceeds with either operating revenues or other bond proceeds. The arbitrage regulations, while pennitting the commingling of funds, require that bond proceeds be "carved-out" for purposes of calculating rebate. Interest must be allocated to the portion of the commingled fund that represents bond proceeds of the issue in question. 4 . . . 3. Transferred Proceeds Calculations. When a bond issue is refInanced (refunded) by another issue, special services relating to "transferred proceeds" calculations may have to be performed. Under the regulations, when proceeds of a refunding issue are used to pay principal on a prior issue, a pro rata portion of the refunded bond proceeds are treated as "transferred" to the refunding issue. Although no funds are physically transferred from one issue to another, it is often necessary to perform these calculations for rebate purposes. 4. Debt Service Fund Residual Calculations. Because tax rates are established using an estimated collection percentage, the balance in the debt service fund (often referred to as the Interest & Sinking Fund) may exceed the amount necessary to pay the current year's debt service requirements. Any such excess amounts in a debt service fund must be treated as a "reserve fund," thereby subjecting the excess balance to the rebate requirements. To the extent that any amounts deposited in the debt service fund remain for more than thirteen months on a first-in, first-out basis, that excess is classifIed as a "reserve fund portion" until used for payment of debt service. Special services are required to complete these debt service fund residual calculations. 5. $100,000 Test for Debt Service Funds. The Code requires that a bona fide debt service fund be included in the arbitrage rebate computation if it earns $100,000 or more in a given bond year and if the issue is not a private activity bond and a long-term fixed rate issue. 6. VariablelFloating Rate Bond Issues. Special services are also required to perform the arbitrage rebate calculations for variable rate bonds. A bond is a variable rate bond if the interest rate paid on the bond is dependent upon an index which is subject to changes subsequent to the issuance of the bonds. The computational requirements of a variable rate issue are more complex than those of a fixed rate issue and, accordingly, require signifIcantly more time to calculate. For example, it is necessary to evaluate both a fIve-year yield as well as one-year yield increments to determine which yield is most beneficial to the issuer. 7. Yield Restriction AnalysisNield Reduction Computations. The Code provides that proceeds of a bond issue may not be invested above the yield on the bond unless an applicable exception applies which provides a temporary period during which proceeds are not yield restricted. First Southwest provides analysis to determine the amount of proceeds which must be yield restricted and provides computations to verify that the proceeds have been properly restricted. In addition, the 1993 Treasury Regulations provide that a yield reduction payment may be made in lieu of yield restricting proceeds. First Southwest will provide the necessary computations to determine the amount of yield reduction payment which must be made. 8. Universal Cap. Current regulations provide an overall limitation on the amount of gross proceeds allocable to an issue. In certain circumstances, it is necessary to deallocate proceeds from an issue. First Southwest reviews the universal cap limitation for each bond issue at the appropriate time periods and, if necessary, performs the deallocation of proceeds. 9. Calculation of Late Interest Amount. Additional calculations are required if an arbitrage rebate payment is not fIled within the time permitted by the regulations. A fee is charged to compute the late interest amount from the time that the payment was originally due until the time the payment is made. The fee for any Bonds under this contract shall only be payable if a computation is required under Section 148(t)(2) of the Code. In the event that any of the Bonds, fall within an exclusion to the computation requirement as defined by Section 148 of the Code or related regulations and no calculations were required by First Southwest to make that determination, no fee will be charged for such issue. For example, certain bonds are excluded from the rebate computation requirement if the proceeds are spent within specifIc time periods. In the event a particular issue of Bonds fulfIlls the exclusion requirements of the Code or related regulations, the specifIed fee will be waived by First Southwest if no calculations were required to make the determination. Recognizing that computational complexities are reduced when all or the majority of the gross proceeds of an issue are expended, it is First Southwest's policy to reduce fees to the following levels, as appropriate: Per issue fees for each circumstance itemized below shall be: o Proceeds expended in prior year. Liability updated and report issued. o Debt Service Residual Calculation only. o Reserve Fund calculation only. o Escrow Fund only. o Rebate Fund only. o Yield RestrictionNield Reduction Computation only. $750 $1,250 $1,250 $1,250 $1,250 $2,000 5 . . . First Southwest's fees are payable upon delivery of the report prepared by First Southwest, the first report to be made following one year from the date of delivery of the Bonds and on each computation date thereafter during the term of the Agreement. The fees for computations of the Arbitrage Amount which encompass more, or less, than one Computation Year of investment data performed during the same computation period shall be prorated to reflect the longer, or shorter, period of work performed during that period. C:\NrPortblIREBATE\RTRA VIS\707 _LDOC 6 ~ CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 5/9/05 Subject: Award of Bid to VMC in the Amount of $259.211.48 Agenda Number: PU 2005-022 For Implementing the Pilot Program for Outsourcing General Parks Mowing - Resolution No. 2005-038 The City Council, at their March 28, 2005 meeting, reviewed a proposal for a pilot program to outsource general parks mowing. The program, developed in response to adopted annual goals and objectives, is designed to maximize all available resources to provide the highest level of maintenance standards possible. According to the proposal, in lieu of hiring the four approved mid-year maintenance workers included in the FY 2004/05 budget, the funds associated with the approved decision package, along with other associated costs attributed to general mowing, would be re-directed towards a mowing contract. Specifications in the bid documents for the mowing contract called for the initial contract period to begin May 16, 2005 and continue through September 30, 2005. Upon approval of the FY 2005/06 budget, the contract will be extended to September 26, 2006. There will be the option to renew the contract twice for one year periods, at the end of the 2005/06 contract. Renewal shall be based on an evaluation by the Parks and Recreation Department of the contractor's performance during the previous period, budget requirements, etc. Prices were bid for both the current fiscal year and next fiscal year. Formal bids were solicited for the Outsourcing General Parks Mowing Project #05-1236. Three (3) bids were received, and the results are outlined below. FY2004/2005 FY2005/2006 Total Base Contractor Amount Amount Bid VMC Landscape Services $91,900.04 $167,314.44 $259,211.48 Qualityscape $135,330.00 $209,920.00 $345,250.00 True Green Landscape $201,078.13 $356,393.30 $557,471.43 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ¡)~æ4£ ØJ Department Head Signature Account Number 001-7502-541.42-15 ndr:.:ailable 125-7502-541.42-15 Budget Director Page 1 of 2 , .¡ , CITY OF NORTH RICHLAND HILLS VMC Landscape Services submitted the lowest total base bid in the amount of $259,211.48. The FY 2004/05 amount is $91,900.04. The total available funds attributed to general in-house mowing that can be applied to this mowing contract for FY 2004/05 is $155,173. This represents a direct savings of $63,273 in the current year budget. Accordingly, if the award of the bid is approved, $167,314.44 will need to be included in the budget for FY 2005/06. VMC Landscape Services has been the contractor for mowing rights-of-way, water tower sites and pump station sites since March, 1999 and has performed well during this time. VMC has also provided school districts and other municipalities with landscape maintenance services for the past twelve (12) years. Current clients include Frisco lSD, City of Piano, City of Carrollton, City of Grapevine and the City of Farmers Branch. Although response to requests and concerns has been effectively handled in a timely manner, the specifications and contract for the General Parks Mowing Contract include a non-performance penalty clause of up to $500 per occurrence for failure to complete scheduled mowing without appropriate approval (i.e. approved weather delays, inaccessibility to site beyond the contractor's control). If City Council awards the mowing contract allowing for the implementation of the pilot program for outsourcing general parks mowing, staff will monitor and evaluate the program during FY 2005/06 to measure the success of the program and its continuation. The project is in accordance with the Quality of Life Goal and Council's high priority to "maintain the parks program at the current high level", and the City Manager's focus of "continuing to develop new methods and ideas in order to provide the maximum amount of service at the lowest cost to the citizens of North Richland Hills. Recommendation: To approve Resolution No. 2005-038. CITY COUNCIL ACTION ITEM Page 2 of 2 · · · f' RESOLUTION No. 2005-038 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: Section1: THAT the City Manager is hereby authorized to execute a Contract with VMC Landscape Services for the General Parks Mowing, as the act and deed of the City. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 9th day of May 2005. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: d~ AØ~ Vickie Loftice, Director of Parks and Recreation · " CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 5/09/05 Subject: Award of Bid for the Davis Boulevard at Shadvwood Lane Agenda Number: PW 2005-006 Traffic Signal Installation to Sharrock Electric, Inc. in the Amount of $74,678.70 This project will consist of installing a new traffic signal at the intersection of Davis Boulevard and Shadywood Lane. Bids were received on April 26, 2005 for this project. Three (3) bids were received and are shown below. Bidder Sharrock Electric, Inc. S & J Electric Durable Specialties Amount $74,678.70 $97,929.05 $104,701.50 After reviewing the bids, staff has determined that Sharrock Electric, Inc. meets all requirements set forth in the contract documents. Sharrock Electric, Inc. has also previously installed traffic signals in the City. Their work on completed past projects has met all City specifications and schedules. The Public Works Department will need to supply additional traffic signal equipment for this traffic signal. This signal equipment was intentionally omitted from the bid items because staff can purchase the equipment at a cheaper cost than the contractor. Staff will purchase video vehicle detection cameras (ITEREIS VIVDS System) through a vendor contract set up by the Texas Department of Transportation (TxDOT). The cost for the system is estimated to be $6,400. A contractor would have to pay approximately $12,000 for the same system. This is a special purchasing program offered by TxDOT for cities. Staff will also be purchasing Optical Emergency Preemption Equipment (OPTICOM) through a private vendor. This purchase will allow the Public Works Department to have the same like equipment for optical emergency preemption equipment as on other signal lights throughout the City. Sufficient funds were approved in the 2004/05 Capital Projects Budget. Recommendation: To award the bid to Sharrock Electric, Inc. in the amount of $74,678.70. Finance Review Source of Funds: Bonds (GO/Rev.) 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I I '" I . ) ) I ~\RK LN /' .t\:US-DRi I ~KIRK-~N I ~f; - ~KIRK-lN Signal Light I nstallati Dn (ShadYWDDd at Davis Blvd.) N w E s Project Location Department of Information Service. - Geographic Information Sy.tems (GIS) 85 .. . . . r:~-I ;~,~~\ih:!i~·,'; :.~:;v:..., ..1.. 972:(24.8..::006 ¡....:AX 9721:¿4t\-.::~8~j~ I TOLL rRU, 8881296 ';'()()E J J__~~j ¡:nGlnï:c=-1lne RECEIVED APR 2 7 2005 April 27, 2005 Mr. Jimmy Cates City ofN0I1h Richland-liJls 7200A Dick Fisher Dri\ e South North Richland J Jills, T X 76180 Re: Award H.ecomm:ndation Lettcr Traflic Signal Installation at !:M I 9~8 (Davis Boulevard) at Shadywood Lane Dear M r. Cales: Pcr your request, we have reviewed and tabulJlnl the bids suhmit1ed by the following Contractors for this proJect. The hid tabulations can hc sœn on the pagc allachcd to this leHer. Sharrock Elcctri,:, 1m: . $74,678.70 S&J Llectric - $97,929.05 Durable Spccial1ies, loc.· $J04.701.50 Ahcr reviewing all bid~,. it has bœn determined that Sharrock Electric. Inc. was the low bidder for the project. ¡\ calculation error was ['ound in the Tocal Bid-Base Rid of the S&J Electric bid tahulations resulting in a total $50000 higher than is shO\\>1l in their bid proposal. A unit price for Item 5 I, InswllalÎon of vlvns ))ClcclíOIl Syslem, \-vas ïound in the bid proposal fhH11 Durable Specialties, loe to he significantly mon.: than the other hidders. Sharrock []celric, Inc meets all requírcmcl1ts set fÙrth in Ihe contract documents and have performed well on several signal installations designed hy Lce Lngineering, LLC Therefore, it is recommended that Sharrock I :kclric. lnc. he awarded the contract for the signal installation at the intersection or FM 19)R (DavIs BOllkvard) al Shadyw()od Lane. Respectfully. ! /} j /¡/ /~lm..· / ¿t.-- /<'"r /··;/1 / j_ ì ..f óz, ¡ { ., '.' I Joseph T Short, P.E Vice President Attachment :Jr., r~ ' ". ,. . ~ ~. CITY OF NORTH RICHLAND HILLS . Department: Planning Department Council Meeting Date: 05/09/05 Subject: Public HearinQ and Consideration of a Request from Agenda Number: ZC 2005-05 Richard Rhodes for a Zoning Change from "C-2" Commercial and "R-3" Residential to "RD-PD HC" Redevelopment Planned Development for "HC" Heavy Commercial District Uses (Located at 7516 Smithfield Road - 1.6 acres). Ordinance No. 2831. Case Summary: The applicant is proposing to expand the adjacent Smithfield Storage facility onto this site. This proposal involves requesting a rezoning of the site from the current "C1" Commercial and "R3" Residential District to "RD-PD-HC" for all "HC" Heavy Commercial uses. Request for Planned Development Approval: This request represents a redevelopment of the site. Because the applicant is requesting several landscaping and screening variances, a Redevelopment Planned Development for "HC" Heavy Commercial uses has been requested as this format allows the applicant to request variances from ordinance requirements. Existing Site Conditions: The site is vacant except for an existing concrete slab from a former residence which has been removed. . Comprehensive Plan: The Comprehensive Plan indicates Commercial Uses for this site. The Plan notes that uses in this category are intended to provide a variety of commercial uses including automobile-related services, retail trade, and business services establishments with outside storage, display and sales. Outside uses are required to be buffered from residential uses and public views. The request is consistent with the Plan. Thoroughfare Plan: The site has frontage along Smithfield Road, a 4-lane, undivided, collector street (C4U) with 68' Right Of Way (ROW). Plat Status: A preliminary plat for this site (ref. PP 2005-06) was approved by the Planning and Zoning Commission on March 17, 2005. A final plat for this site is currently under staff review. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Account Number Sufficient Funds Available Finance Director ~~ " . '(;i~i ~ , Û V City M~~ ignature ZC 2005-05 Smithfield Storage CC CITY OF NORTH RICHLAND HILLS Adjacent Zoning I Land Use: North: "R-2" / Single family residential East: "R-2" I Vacant South: "12" / Storage facility, cell tower West: "C-1" / Day Care Site Design Features: The following design features are noted on the attached plan. Building Design and Materials: · The development consists of 4, single-story, buildings containing a total of 84 rental units and 15 open storage spaces; · All storage units have metal roll-up doors that face the interior of the site; · All buildings are constructed using concrete tilt wall panels with a high texture earth-tone finish; · All building roofs are of a flat, metal design sloped to aid in drainage. Access and Parking: · Access to this phase of development is provided by an existing mutual access driveway entrance off of Smithfield Road. No additional access points are proposed; · This development generates 7 parking spaces. The site plan as submitted does not propose any parking for this expansion. A variance request to not provide parking for this second phase is part of the Planning and Zoning Commission's recommendation. Landscaping and Screening: · Landscaping requirements include a 15' landscape setback along the Smithfield Road frontage with street trees required at 50' intervals. The plan exceeds minimum requirements by providing a 25' wide setback with alternating Live Oak and Crepe Myrtle trees at 15' intervals; · A 15' landscape setback is required along both the north and east property lines due to the adjacent residential zoning. The applicant has exceeded the setback requirement along the north property line by providing a 35' wide buffer and has continued the alternating of Live Oak and Crepe Myrtle trees at 15' intervals. The applicant is requesting a variance from the landscaping requirements along the east property line. · In addition to a landscape buffer, a 6' masonry wall is also required along both the north and east property lines. The applicant is requesting that the back wall of the northern-most storage building (No.4) be utilized as the required screening wall (differences in elevation between this site and adjacent property to the north render a screening wall along the common property line ineffective). The applicant has also requested a variance from the timing of providing the 6' masonry wall adjacent to the east property boundary (in front of the open space storage). The applicant/owner, who is responsible for construction of the required 6' masonry wall, has requested that the building of the required screening wall be delayed until the time that the City issues the first residential building permit associated with the Parkwood Estates development or residential development under any other project name. Signage and Lighting: · No signage (either free-standing or wall-mounted) is proposed; · Interior lighting of the site consists of 150 watt wall packs attached to the buildings. Approximately 19 packs are proposed through out the site. No exterior lighting of the CITY OF NORTH RICHLAND HILLS Variances Requested by this Plan: 1) A variance is requested to utilize the exterior wall of the northern-most storage building as the required masonry screening wall. This wall shall contain no windows or openings; 2) Timing for the construction of the required screening wall along the east side of the site shall coincide with the issuance of the first residential building permit issued for Parkwood Estates Addition. This wall will be constructed within the 2.5' wall easement as shown on this plan 3) A variance is requested from the requirement of a 15' landscape buffer and landscaping along the east boundary of the site; 4) A variance is requested from providing parking required for the expansion; Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on April 27, 2005, recommended approval of ZC 2005-05 (with the variances as outlined above) and the accompanying final site plan by a vote of 6- O. Staff Comment: In terms of land use impact, the expansion of the existing storage facility would have a negligible impact on adjacent properties. Storage facilities are generally considered to be "quiet" neighbors with limited hours of operation and security provided. As such, staff supports the applicant's use request. Integer Developments Inc, the adjacent property owner east of this site, has repeatedly stated (both publicly and in writing) that the future Parkwood Estates residential development will accept the responsibility for the required masonry screening wall and landscaping required along the common boundary line (see attached letter). Under ordinance regulations, this responsibility always belongs to the more intensive use and in this case would be the responsibility of the applicant. The applicant has requested variances from this responsibility based on Integer's offer. The City Attorney has opined that the offer made by Integer on behalf of the applicant to be a private agreement between property owners and not enforceable by the city. Staff Recommendation: Approve Ordinance No. 2831. Review Schedule: Application: 1/24/05 Council Hearing: 05/09/05 Total Review Time: 15 weeks* ·Delay due to change of zoning request and slow response to plat revisions . J I I I I I I I I I I-.. IIIII \~ [:yy J /'J / I " i\ \'~ "'0 a::: 32 \, è. / '- ( Starnes Rd . ~-, I ~\ N w.e s Lucian Dr. NRH ZC 2005-05 "PO" Planned Development Self Storage 7400 Block of Smithfield Rd . Prepared by Planning 04/08/05 o 100 200 Feet 400 . NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL Case #: Applicant: Location: Legal: ZC 2005-05 Richard Rhodes 7516 Smithfield Road 1.620 acre tract of land out of the W. D. Barnes Survey A-146. You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: A public hearing is being held to consider a request from Richard Rhodes to rezone the above property from "C-2" Commercial and "R-3" Residential to "RD-PD-HC" Redevelopment Planned Development for all "HC" District Uses with site plan approval. The applicant intends . to expand the adjacent Smithfield Storage facility onto this site. Public Hearina Schedule: Public Hearing Date: CITY COUNCIL MONDAY, MAY 9,2005 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: Location: If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817)427-6300 Fax (817) 427-6303 . ", ·NewChurch Christian Fellowship 7300 Smithfield Rd .rth Richand Hills, TX 76180 Daniel Currie 7904 Lucian Dr North Richand Hills, TX 76180 Charles Morris 7920 Lucian Dr North Richand Hills, TX 76180 Donald Schaber 7905 Lucian Dr North Richand Hills, TX 76180 llichon Bailey '917 Lucian Dr ~orth Richand Hills, TX 76180 t.t Horizon Home Loan Corp 4000 Horizon Way Irving, TX 75063 . Wallace Williams 7912 Lucian Dr North Richand Hills, TX 76180 Debra Dorasil 7900 Lucian Dr North Richand Hills, TX 76180 John Tolson 916 Lucian Dr North Richand Hills, TX 76180 Douglas Price 7909 Lucian Dr North Richand Hills, TX 76180 RealTex Ventures Inc 1825 Wimbledon Dr Arlington, TX 76017-8+30 Richard Rhodes 1625 Suncrest Dr Keller, TX 76248 Larry Perkins 7908 Lucian Dr North Richand Hills, TX 76180 Barry Nix 7924 Lucian Dr North Richand Hills, TX 76180 Arthur Marques 7901 Lucian Dr North Richand Hills, TX 76180 Gary Drake 7913 Lucian Dr North Richand Hills, TX 76180 Michael Losat 7724 Cedar Park Ave North Richand Hills, TX 76180 nteger Developments, Inc. . City of North RicWand Hills - Planning, Zoning, and Public Works Staff February 25, 2005 Richard and Melinda Rhodes This letter is being sent to reconfinn that Integer Developments, Inc. is accepting responsibility for the landscape buffer and masonry screening wall along the west property line ofParkwood Estates adjacent to the properties which are zoned commercial. This commitment was made in a letter fÌom Integer Developments sent to the city in June 2004 and again in our letter to the city in November 2004, and we continue to stand by this agreement. It is our intent that the owners of the commercial property, Richard and Melinda Rhodes, not be penalized by the burden of providing such landscape buffer or screening wall as a result of our property being rezoned fÌom "C2" to "R-2". As stated in my letter of November 22,2004, it remains the intent of Integer Developments to accept responsibility for the landscape buffer along the west property line. However, to avoid any confusion, I need to state that we still intend to seek a variance on the 15 foot . requirement along the building line on Lot 1 as previously stated in the City Council meeting and the November P&Z meeting - the variance we will seek is only for about 86 feet of the 444.57 feet of the west property line, and we intend to increase the height of the masonry screening wall we are building fÌom 6 feet to 8 feet, as well as provide a better quality of landscaping than is required to improve the screening above the screening wall, which we feel will more than compensate for the 7.5 foot reduction along a portion of the property line. We will abide by whatever buffer the Landscape Review Board ultimately decides to require. Should there be any further concerns, please note that the landscape buffer is already required by our prelnninary plat which was approved in January. I further agree that in the unlikely event that the property is sold before development is completed I will disclose to the new owner this requirement as well as our agreement to provide the landscape buffer and masonry screening wall. Sincerely, g- tl0~ êdL David Cole, President Integer Developments, Inc. 4902 Colleyville Blvd. #108-321 . Colleyville, TX 76034-3989 817-656-3917 · ZC 2005-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RICHARD RHODES FOR A ZONING CHANGE FROM "C-2" COMMERCIAL AND "R-3" RESIDENTIAL TO "RD-PD-HC" REDEVELOPMENT PLANNED DEVELOPMENT FOR "HC" HEAVY COMMERCIAL DISTRICT USES (LOCATED AT 7516 SMITHFIELD ROAD -1.6 ACRES). APPROVED The applicant owns and maintains Smithfield Storage at this location and this proposal is to expand the facility onto adjacent vacant property. This is a redevelopment PD request which allows the applicant to request a number of variances. There will be 84 units with single story tilt wall construction. Most of the buildings are under 10-ft. tall. There are 15 spaces that will be allocated to storage of vehicles such as boats and RV's. The landscaping along the Smithfield Road frontage and along the north side of the property meets or exceeds current landscape requirements. There is a pattern of using street trees alternating with crepe myrtles with 15-ft. minimum requirements. Where the property backs up to the residential district to the north the applicant has exceeded landscaping requirements. · A common property line between a non-residential use and a residential use requires the more intensive use to provide landscaping and a masonry screening wall. The houses behind this facility are elevated a minimum of 4-ft. above the applicant's property and there is a railroad tie retaining wall along the area. To put a 6-ft. masonry screening wall along that common property line doesn't serve a purpose. It doesn't screen the adjacent non-residential use from the residential area. The applicant is requesting that he be allowed to use the back wall of the unit as the screening wall. This unit will have no openings, doorways, or windows. It will be a blank wall and function as a screening wall. Adjacent property to the north is zoned R2 residential which requires the more intensive use to provide a screening wall and 15-ft. landscape buffer. During the discussion of this rezoning and during the discussion of the preliminary plat for this property, the owner of the neighboring residential development, Integer Developments, Inc., indicated they are willing to accept the responsibility of both the landscaping requirement and screening wall. They have said this in numerous letters, the most recent of which has been provided to the P&Z Commission members. The applicant is asking for a variance for the landscape buffer and masonry screening wall to be provided by the residential neighbor (Integer Developments, Inc.). The applicant is also asking for a variance so that the development of the screening wall will be timed with the development of the residential area. · · . · . · · The applicant is requesting a variance for parking. There is a parking requirement of approximately seven (7) parking spaces for this expansion. Staff has reviewed this request and spent quite a bit of time in tailoring this request. In terms of its land use, staff supports the request. The Comprehensive Land Use Plan calls for commercial development on this site. Commercial development as it is interpreted in the Comprehensive Plan includes uses that would have open storage. It includes uses that would be automobile related. Staff feels that the expansion of the existing use on this property is consistent with the Comprehensive Plan. From that standpoint, staff recommends approval and supports this request. With regard to the letter from Integer Developments, Inc. concerning the responsibility for the landscaping and the screening wall, that is a private agreement between two property owners and, from staff's perspective, is not enforceable. The Chairman opened the public hearing. He asked anyone in favor to please come forward. Mr. Rhodes, 1625 Suncrest Dr., Keller, stated that he felt Mr. Green did a good job of presenting his case and he only wanted to add that he is not requesting additional signage for this site, and the existing entrance and exit will be used. · Mr. Schopper asked if customers would park close to their spaces as opposed to some other parking area. Mr. Rhodes stated that there is very little need for parking. Most customers simply unload their belongings. The only parking that is used is when a new customer comes in to sign a new lease. Chairman Davis stated that what usually happens is a person parks in the fire lane for a few minutes while unloading their things and then they leave. Mr. Rhodes stated that the lanes are wide. Mr. Schopper commented that parking spaces aren't really needed then. As there were no others wishing to speak, the Chairman closed the public hearing. · Mr. Schopper stated that this situation came about because of a sequence problem on the adjacent property which was down-zoned from commercial to residential. A landscape buffer would not have been required if that property had remained commercial. Mr. Rhodes is a nice guy and made this private agreement with that property owner to have him build the wall if he was going to change the zoning and the 15-ft. buffer would be on the adjacent property instead of his property. That is what has triggered this and because the adjacent property is now residential it doesn't seem fair that Mr. Rhodes should be penalized for that. Mr. Schopper stated that he wants to make it clear to the City Council that it is the P&Z Commission's intention for there to be no harm done against Mr. Rhodes because the adjacent zoning was changed. . · · Chairman Davis added that the zoning was changed to residential because of the commitment of that applicant to do the landscaping and the screening wall. He repeated Mr. Schopper's comment that there is no intent on this body to recommend to Council to do anything that would harm the existing user of this property. Mr. Schopper wanted to make it clear that the variances requested are to get this property back to where it needs to be as opposed to Mr. Rhodes trying to get out of doing something. Chairman Davis agreed. The intention of the variance requests is to bring the requirements in line with what would be required if the adjacent property had never changed its use. Ms. Cole motioned to approve ZC 2005-05. · Chairman Davis asked if the motion includes the four variances requested on this plan. Ms. Cole replied, "absolutely." Mr. Sapp asked if they needed to be enumerated. Chairman Davis replied that Mr. Green mentioned them: 1) exterior wall on the northernmost storage building instead of the required masonry wall; no windows, no openings; 2) construction of the required screening wall on the east side of the site to coincide with the issuance of the first residential building permit issued for Parkwood Estates; 3) the requirement of a 15-ft. landscape buffer and landscaping along the east boundary of the site; and 4) providing required parking for the development. Mr. Green clarified that item #4 regarding parking was not originally included but staff will make sure that item is on the drawing before it goes to Council. The motioned was seconded by Mr. Wood. The Chairman called for the vote and the motion was approved unanimously (6-0). · ~ ., CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 5/9/05 Subject: Public Hearinq and Consideration of Ordinance Adoptinq Agenda Number: GN 2005-044 Youth Program Standards of Care - Ordinance No. 2832 The purpose of this report is to request City Council approval of an ordinance adopting the North Richland Hills Youth Programs Standards of Care. Adopted standards are a Texas Department of Family and Protective Services requirement for an exempt status for day care licensing. A public hearing is required for adoption of the ordinance. The public hearing and adoption of the ordinance may occur on the same day. The City of North Richland Hills Parks and Recreation Department offers day camp programs for children ages five to thirteen. The Texas Legislature requires municipal day camp youth programs for elementary age children to meet day care licensing requirements or file for an exemption (Section 42.041 (b )(14) of the Child Care Standards and Regulations of the Texas Human Resources Code). To receive exempt status, a municipality must submit a COpy of proqram standards, a notice of a public hearinq for the proqram and a copy of the ordinance adoptinq the standards. The Youth Programs Standards of Care will provide basic child care regulations for day camp activities operated by the City of North Richland Hills Parks and Recreation Department, allowing the department to qualify for an exemption from the requirements of the Texas Child Care Standards and Regulations within the Texas Human Resources Code. The City of North Richland Hills day camp program meets and in some areas exceeds many of the standards listed in the state's Child Care Standards and Regulations. All of the Standards of Care included in the City of North Richland Hills Parks and Recreation day camp policies and procedures were already in place prior to determining this more formal adoption process and have been used in the staff traininq process prior to camp startinq each year. The Standards of Care will be provided to the parents of each program participant and shall include, at a minimum the following areas: Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Avai a e Budget Director ~~~m~~Signat¿r Page 1 of 2 CITY OF NORTH RICHLAND HILLS · Minimum requirements for staffing ratios · Staff Qualifications and Essential Job Functions · Facility, health and safety standards · Procedures for reporting child abuse/neglect allegations · Written procedures stating that parents and each staff member will be provided a set of standards · Contact information of department supervisors for the purpose of complaint notification and resolution regarding the recreational program · Written procedures for staff who will be monitoring the programs and enforcing the standards · Requirement of criminal background checks on prospective day camp employees · Service Standards for communicating with parents and performance expectations of day camp employees · Behavior Management and Discipline Procedures · General Rules and Regulations The formal adoption of standards came to light through a conference presentation attended by staff and further research with other cities in the metroplex. Other municipalities have similar standards of care adoption processes as required by law, whereas some have no formal adoption process at all. The application for exemption determination and the formal adoption of the Youth Programs Standards of Care and ordinance will be an annual requirement so that the Standards of Care can be revised as needed to reflect current regulations. Recommendation: To approve Ordinance No. 2832 CITY COUNCIL ACTION ITEM Page 2 of 2 · ORDINANCE NO. 2832 AN ORDINANCE AMENDING CHAPTER 62 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ADOPTING THE CITY OF NORTH RICHLAND HILLS YOUTH PROGRAMS STANDARDS OF CARE, FOLLOWING A PUBLIC HEARING. WHEREAS, the Human Resources Code; Section 42.041(b)(14), establishes requirements for exempting recreational programs operated l;>y municipalities for elementary age (5-13) children from childcare licensing requirements; and WHEREAS, in order to receive exempt status for a youth recreation program, a municipality must adopt standards of care by ordinance after a public hearing for the program and a copy of the ordinance adopting the standards to the State; and WHEREAS, the City of North Richland Hills Youth Programs Standards of Care will provide basic child care regulations for day camp activities operated by the North Richland Hills Parks and Recreation Department in accordance with Section 42.041(b)(14) of the Human Resources Code; NOW THEREFORE, · BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That Chapter 62 of the North Richland Hills Code of Ordinances is hereby amended by adding a new Sec. 62-10 which shall read as follows: "SEC.62-10 YOUTH PROGRAMS STANDARDS OF CARE The City Council of the City of North Richland Hills hereby adopts the City of North Richland Hills Youth Programs Standards of Care for providing basic child care regulations for day camp activities operated by the North Richland Hills Parks and Recreation Department. As required by Section 42.041 (b )(14) ofthe Human Resources Code, the Standards adopted by this ordinance include staffing ratios; minimum staff qualifications; minimum facility, health, and safety standards; and mechanisms for monitoring and enforcing the adopted local standards. A substantial copy of the City of North Richland Hills Youth Programs Standards of Care is attached hereto and incorporated herein for all intents and purposes and shalJ be available on the City's website under the Parks and Recreation subhead." SECTION 2: This ordinance shall be in full force and effective immediately upon passage. AND IT IS SO ORDAINED. · Ordinance No. 2832 Page 1 of2 · PASSED AND APPROVED this 9th day of May, 2005. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, Attorney · APPROVED AS TO CONTENT: ð~1tÆ Vickie Loftic , Director of Parks and RecreatIOn · Ordinance No. 2832 Page 2 of2 · · · City of North Richland Hills Parks and Recreation Department Youth Programs Standards of Care I. GENERAL INFORMATION I ADMINISTRATION Purpose: To provide basic childcare regulations for activities operated by the North Richland Hills Parks and Recreation Department. This will allow the department to qualify as exempt from requirements of the Texas Human Resources Code. A. Organization: 1. The governing body of the City of North Richland Hills Youth Programs is the City of North Richland Hills City Council. 2. Implementation of the Youth Programs Standards of Care is the responsibility of the Recreation Superintendent and Recreation Division Staff. 3. The Youth Programs Standards of Care will apply to several day camp programs which are conducted by the North Richland Hills Parks and Recreation Department throughout the year. 4. Each Youth Program site will have available for public and staff a current copy of the Standards of Care. 5. Parents of participants will be provided a current copy of the Standards of Care during the registration process. B. Implementation: The Standards of Care Program will be the responsibility of the Parks and Recreation Department, with the Youth Program Coordinator overseeing the overall program and the Day Camp Director administering the program on-site. Programs: Regulations apply to five (5) on-going programs: Fall Break Camp, Winter Break Camp, Spring Break Camp Summer Day Camp Sport and Art Camps Other: Each camp will make available for public and staff a current copy of the Standards of Care. Parents of participants will be provided a copy of Standards of Care during the registration process and the Camp NRH parent orientation prior to camp starting each year. Program Sites: NRH Recreation Center 6720 N.E. Loop 820 Youth Programs Standards of Care Page 1 of 10 · 1. 2. 3. 4. C. Day Camp Objectives: To provide youth with the opportunity to experience a variety of recreational activities which include sports, games, arts and crafts, education, drama, special events, field trips, tournaments, etc. To provide an encouraging atmosphere emphasizing positive development of physical skills, emotional growth and self-confidence. To provide a safe environment; always promoting good health and welfare for all. To teach children how to spend their leisure time wisely; in an effort to meet the emotional, physical, and social needs of the child. D. Exemption Status: Once an exempt status is established, the Licensing Division will not monitor the recreational program. The Licensing Division will be responsible for investigating complaints of unlicensed child care and for referring other complaints to the municipal authorities or, in the case of abuse/neglect allegation, to the local police authorities. E. Standards of Care Review: Standards will be reviewed annually and brought to the City Council for approval after a public hearing is held to pass an ordinance regarding section 42.041(b)(14) of the Texas Human Resources Code. Childcare Licensing will not regulate these programs nor be involved in any complaint investigation related to the program. · II. STAFFING Any parent, visitor or staff may register a complaint by contacting the North Richland Hills Recreation Center Manager at 817-427-6600 or the Parks and Recreation Administrative Offices at 817-427-6620, Monday through Friday, 8:00 a.m. - 5:00 p.m. A. Day Camp Director - The Day Camp Director directs a staff of 10 day camp counselors and supervises the activities of children in a day camp setting. 1. Essential Job Functions: a.) Direct and supervise all counselors including hiring and training. b.) Complete and submit proper records including camp schedules, counselor work schedules, payroll, accident/incident reports and attendance. c.) Develop age appropriate camp curriculum (6-12 years) in accordance with the philosophy of the program. d.) Ensure staff is committed to following established guidelines, procedures and standards. e.) Maintain an orderly, clean and safe environment for the children while promoting a non-competitive program directed toward accentuating positive behaviors, physical development and emotional growth. f.) Develop and distribute a weekly schedule of activities. · Youth Programs Standards of Care Page 2 of 10 . g.) Complete facility reservations and transportation needs for all camp activities. h.) Schedule, confirm, obtain and distribute payment for all field trips. L) Maintain supplies, equipment and all necessary documentation for the operation of the camp. j.) Communicate to parents about camper's progress and activities. k.) Conduct on-going program evaluations implementing approved recommendations as needed. I.) Provide reports to the Youth Program Coordinator on a weekly basis to monitor camp activities throughout the program. 2. Qualifications: a.) Bachelor's Degree in Education or Recreation is preferred but not required. b.) A minimum of three years experience as a camp counselor and/or educator. c.) Requires a valid Texas driver's license with a good driving record over the last three years. d.) Must pass city criminal background check prior to hiring. e.) Must pass pre-employment drug screen and/or physical. f.) Must complete First Aid and CPR certification prior to camp. 3. Requirements of Work: a.) Ability to be physically active and involved with children all day. b.) Ability to lift 55 pounds. c.) Knowledge of child development and age appropriate activities. d.) Advanced organizational and communication skills. e.) Team leadership abilities. f.) Varied experience in a variety of activities including sports, arts, nature, drama and cooperative activities. . . B. Day Camp Counselor - The Day Camp Counselor is responsible for direct leadership of youth ages 6-12 in a variety of activities including, but not limited to games, sports, crafts, special events and field trips. The counselor assists in planning and organization of camp schedules, activities, supplies and equipment, and is also responsible for cleanliness of the areas used by camp participants. The counselor positions are also responsible for completing necessary forms relating to attendance, check-in/check-out procedures, accidents, and incidents. 1. Essential Job Functions: a.) Promote a non-competitive, positive, self-image enhancing environment for each participant through the direction of non- competitive, fun, varied and well organized activities. b.) Directly lead activities using a method that will provide opportunity for the involvement of all children on an equal level. The Counselor prepares, in advance, directions for activities, daily schedules and required equipment used during the activities. c.) Exhibit enthusiasm for the activity to impart a feeling of excitement to camp participants. d.) Follow procedures for camper check-in/check-out. Reports accidents/incidents, behavioral modifications and camp schedules. Youth Programs Standards of Care Page 3 of 10 . . . e.) Follow guidelines for safety and storage of equipment, including inventory of supplies. f.) Ensure safety of youth during transportation while on field trips. g.) Provide and adhere to established guidelines set forth for the safety, behavior, communication and discipline of the camp participants. h.) Recognize and reward positive, improved and outstanding behavior and/or accomplishments of camp participants. 2. Minimum Qualifications: a.) High school diploma with two years of college preferred. b.) One year experience working with children in a day camp setting. c.) A valid Texas driver's license with a good driving record over the last three years. d.) Must pass criminal background check prior to hiring. e.) Must pre-employment drug screen and/or physical. f.) Must complete First Aid and CPR certification prior to camp. 3. Other Requirements: a.) Staff must complete the mandatory staff training program of at least 16 hours, in addition to planning hours with site staff prior to the start of camp. This training includes departmental orientation, customer service, sexual harassment training, behavioral issues and discipline, as well as practical skills on activities for children in games, songs and crafts. b.) Staff must exhibit competency, good judgment and self control throughout the duration of the camp. c.) Staff should relate to the children with courtesy, respect, acceptance and patience. d.) Staff will be evaluated at least once during the summer prior to the completion of camp. Evaluations will be reviewed with the camp counselors to discuss any areas of improvement or suggestions. 4. Criminal Background Checks: Criminal background checks will be conducted on prospective day camp employees. Applicants may be disqualified if they have a job related criminal conviction. A prospective employee will be subject to a pre-employment drug test and/or physical prior to hiring. 5. Staffing Ratios: The state required ratio for number of children (ages 5- 13) may not exceed 15:1 children to staff. Camp NRH Day Camp maintains 12:1 children (ages 6-12) to staff ratio. On all field trips Camp NRH Day Camp maintains 6:1 children to staff ratio. Youth Programs Standards of Care Page 4 of 10 . . . IV. III. FACILITY STANDARDS A. Emergency evacuation and relocation plans will be posted at each facility. Program employees will inspect sites frequently for any sanitation or safety concerns. Those concerns should be passed on to the Program Coordinator or Recreation Center Manager immediately. B. Each camp must have a fully stocked first aid kit. This shall be checked and stocked on a weekly basis by the Program Coordinator. It shall include bandages and Band-Aids, first aid cream, rubber gloves, Neosporin, alcohol wipes, hot/cold packs, gauze, syrup of Ipecac, tweezers and scissors. C. In a situation where evacuation is necessary, the first priority of staff is to make sure all participants are in a safe location. Program sites will be inspected by the Fire Marshall annually. Each Facility Manager is responsible for compliance with Fire Marshall's directives. The recommended number of fire extinguishers shall be inspected quarterly and available and "primed" for use. Fire drills should be conducted once a month during the summer camp. D. Medication will only be administered with written parent consent completed on the registration form provided by the City of North Richland Hills. Prescription medications shall be left with staff in their original container, labeled with the child's name, date, directions, Polaroid photo of the child and the child's physician's name. Medication shall be dispensed only as stated on the bottle, and not past the expiration date. E. Non-prescription medicine with the child's name and date on the medication may be brought if in the original container. F. Each indoor site shall have adequate indoor toilets and lavatories located such that children can use them independently and program staff can supervise as needed. There shall be one flush toilet per 30 children. Outdoor sites shall provide portable toilets based on number of children attending each day. Sinks shall be provided based on 1 sink per 30 children. G. All participants must wear tennis shoes daily. Sandals will not be allowed. SERVICE STANDARDS-Day Camp Staff A. This information will be provided to each staff member as a part of the day camp staff manual: 1. Appropriate shirts, shorts and tennis shoes are to be worn at all times. Camp NRH staff shirts are to be worn on the designated days. Staff shirts should always be tucked in. No tube tops allowed. Shorts should be at a respectable length, no cut-offs. No clothing should bear any inappropriate logos, phrases, or pictures. Any staff member, who does not adhere to the dress code, will be sent home for the day without pay. Youth Programs Standards of Care Page 5 of 10 . 2. Staff will be provided with two collared shirts and two Camp NRH T-shirts. Uniform schedules will be given to staff during training and should be followed throughout the summer. Any deviation must be approved by the Youth Program Coordinator. 3. Only one-piece bathing suits may be worn when visiting NRH20. 4. Name tags/lDs should be worn and clearly visible at all times. 5. Camp participants and parents will be treated with respect at all times. 6. Camp staff will take it upon themselves to resolve complaints. Do not refer the customer to another staff member, unless necessary. If you are unable to resolve the complaint on the spot, take the customer's name and phone number, investigate the complaint and follow up with the customer. All complaints should be recorded (problem and resolution) on a Customer Comment Form provided by the Youth Program Coordinator. 7. Camp staff will keep parents informed of camp activities. A weekly schedule will be distributed one week in advance and extra copies will be kept with the daily sign in log. Camp staff will note details of behavior of campers (accomplishments, discipline problems, general activities, etc.) in the daily campers log and verbally update parents as much as possible. 8. Camp staff will monitor the check-in/check-out log at all times. 9. Camp staff will clean program areas after each activity. Floors will be swept/vacuumed, mirrors cleaned, and supplies put away. This is extremely important due to the fact that rooms are used throughout the day by other groups. 10. Camp staff will spend the majority of their time actively involved with campers and/or parents. Camp staff will check all messages for the day, prior to beginning any camp activities. . VI. OPERATIONAL ISSUES A. Emergency phone numbers are kept at the Recreation Center front desk, as well as with the Day Camp Director on field trips. Those numbers include fire, police, and ambulance services. B. The Day Camp Manual is provided to every staff member and outlines the following: 1. Behavior Management and Discipline Procedures 2. Rules and Regulations 3. Forms 4. Service Standards 5. Game/Activity Leadership 6. Guidelines for Communication with children and parents . C. Check-in/check-out forms will be used every day. Only adults listed on the camper's release form will be allowed to pick up children. The authorized parent/guardian must enter the building and sign the check-out form in order for staff to release the child. Youth Programs Standards of Care Page 6 of 10 . . . VII. D. Emergency evacuation and relocation plans will be posted at each facility. E. Parents will be notified regarding planned field trips and provided the required release forms. F. Enrollment information will be kept and maintained on each vehicle while traveling to and from field trip sites. G. Enrollment information will be kept and maintained on each child and shall include: 1. Child's name, birth date, home address, home telephone number, physician's phone number and address and phone numbers where parents may be reached during the day. 2. Name, driver's license number and telephone number of persons to whom the child can be released. 3. Field trip release form as needed. 4. Liability waiver. 5. Parental consent to administer medication, medical information and release on participant. H. Staff shall immediately notify the parent or other person authorized by the parent when the child is injured or has been involved in any situation which placed the child at risk. I. The Youth Program Coordinator shall notify the parents/guardians of participants if/when there is an outbreak of a communicable disease in the facility as required by the County Department of Health. Staff must notify parents of children in a group when there is an outbreak of lice or other infestation in the group. BEHAVIOR MANAGEMENT AND DISCIPLINE PROCEDURES A. Program employees will implement discipline and guidance in a consistent manner based on an understanding of individual needs and development with the best interests of program participants in mind. B. There will be no harsh, cruel, or corporal punishment used as a method of discipline. C. Program employees may use brief, supervised separation from the group if necessary. Children will be aware of all camp rules prior to the start of any activity. Their understanding of the rules is an integral part of behavior management. When negative behavior occurs they will know there is a consequence for their chosen action. Youth Programs Standards of Care Page 7 of 10 . . . D. Incident reports will be filled out on any disciplinary cases, and information is to be shared with parents when picking up the child (or sooner when extreme cases occur). Parents will be asked to sign the incident reports to indicate they have been advised about specific problems and/or negative behaviors. F. A sufficient number and/or severe nature of discipline reports as detailed in the program manual may result in a participant being suspended from the program. Parents/guardians will be contacted to pick up their child immediately. G. In instances where there is danger including physical harm or threat of physical harm to participants, staff, or themselves; the offending participant(s) will be removed from the program immediately. Parents/guardians will be contacted to pick up their child immediately. VIII. ILLNESS OR INJURY A. Participants shall have and maintain immunizations in accordance with those required by the Texas Department of Health for public school attendance according to age. B. Parents shall be notified in cases of illness or injury. C. An ill child will not be allowed to participate if the child is suspected of having a temperature and/or accompanied by behavior changes or other signs or symptoms until a medical evaluation indicates that the child can be included in the activities. In the event an injury cannot be remedied through basic first aid, staff shall notify paramedics. D. When an injury occurs, an incident report shall be filled out immediately after the incident, with the original sent to the Recreation Center Manager's office with a copy kept in the Day Camp files. E. In the event of suspected abuse, program employees will report suspected abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be immediately reported to the Recreation Superintendent. The Superintendent will immediately notify the Police Department and any other agency as may be appropriate. F. Texas state law requires the staff of youth programs to report any suspected abuse or neglect of a child to the Texas Department of Family and Protective Services or a law enforcement agency. Failure to report suspected abuse is punishable by fines up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. Youth Programs Standards of Care Page 8 of 10 . . X. . IX. GENERAL GUIDELINES FOR CHILDREN A. As a part of the Day Camp Manual, staff should be given the following information: 1. A child is not allowed to use the phone unless it is an emergency. In this case, Day Camp staff should make the call for the child. 2. Children must stay off tables, counter tops, ping pong tables, etc. 3. Children should walk in the building. Running is only permitted in the gym. 4. Bouncing and throwing balls is permitted only in the gym or designated game area with direct supervision from staff. 5. Active games using equipment that can cause damage to window, shades, lights, and ceilings must be played only in the gym or outdoors. 6. Children must respect staff and each other. 7. Children must wear shoes at all times. 8. Children must be contained and not allowed to filter in the general public. You must know where each child is at all times. B. The program will provide activities for each group according to the participants' ages, interests and abilities. The activities should be flexible and promote social and educational advancement. 1. A weekly calendar of activities will be posted for parents the Friday prior to the next week of camp. 2. When taking field trips, staff will: a.) Count everyone before they leave the program site as well as prior to leaving the field trip site. b.) Carry medical information on each child and necessary medication with them on the trip. c.) Carry a first aid kit and mobile phone in all vehicles and while on- site. d.) Encourage participants to wear camp shirts so that children are easily identified. MONITORING AND ENFORCEMENT A. Standards of Care established by the City of North Richland Hills will be monitored and enforced by City Departments responsible for their respective areas. Health and safety standards will be monitored and enforced by the City's Police, Fire, and Consumer Health Departments when applicable. B. Staff and program issues will be monitored and enforced by the North Richland Hills Parks and Recreation Department. The Recreation Center Manager shall visit each site on a bi-weekly basis. The Youth Program Coordinator is responsible for visually checking the camp activities on a daily basis. When not available, another full-time staff person is responsible for that check. Youth Programs Standards of Care Page 9 of 10 . . . C. Monthly reporting by the Youth Program Coordinator to the Recreation Center Manager will include a review of adherence to the Standards of Care as well as operational summaries of the programming month. For further information regarding the Youth Program Standards of Care or any other information about the youth programs offered through the City of North Richland Hills Parks and Recreation Department please contact the Recreation Center Manager at 817-427-6600 or email NRHPARD@nrhtx.com. Youth Programs Standards of Care Page 10 of 10 CITY OF NORTH RICHLAND HILLS Department: Neiqhborhood Services Council Meeting Date: May 9, 2005 Subject: Approve Ordinance AmendinQ Appendix A to the Code of Agenda Number: GN 2005-045 Ordinances and the Fees changed under Chapter 18 of the Code - Ordinance No. 2833 This is a housekeeping item to include fees with respect to food service fees. The amendment affects fees for "Seasonal Food Permit," "Concession Stands," "Municipal Special Events Vendors," "Group Day Homes" and "Weekend Food Vendors" as defined: "Seasonal Food Permit" - an establishment which operates for no more than 4 consecutive months (120 days in a 12 month calendar year) and is restricted to non-potentially hazardous foods or pre-packaged potentially hazardous foods in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility ~nder conditions of non-refrigerated storage and distribution. "Concession Stands" - operates at a fixed location for 4 consecutive months, not to exceed 120 days in length per calendar year, and is in conjunction with scheduled, community-based sporting or recreational events. The preparation and serving of potentially hazardous foods shall be restricted to only pre-cooked food products requiring limited preparation and handling and both owned and operated by non- profit organizations based within the City. "Municipal Special Events Vendors" - a temporary food establishment at a fixed location which operates for no more than 3 consecutive days, in conjunction with an event coordinated by the City of North Rich/and Hills for its citizens. In the past, concession stands were permitted as "seasonal food permits" and vendors who sold at City events were permitted as "temporary food service", because there was not a specific category for them. By listing each establishment separately we can clearly define and track the status of each permit issued and it provides more clarity in defining the types of permits that can be issued. "Group Dav Homes" - removes the fee for "Group Day Homes" as these facilities are inspected by the Child Care Licensing Department, a division of the Texas Department of Protective and Regulatory Services of the State of Texas. ~ Finance Review Account Number Sufficient Funds Available Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Director " D'3"'o 1 nf ') CITY OF NORTH RICHLAND HILLS "Weekend Food Vendor" - reduces the permit fee for "Weekend Food Vendor" from $520 to $110 a year. A survey of the requirements of other cities was taken and the proposed reductions in fees are in line with municipalities with comparable programs. The above items will help clarify the current permit fees. Staff continues to review the Food Service Requlations and will bring other proposed changes to Council at a future date. RECOMMENDATION: To approve Ordinance No. 2833. CITY COUNCIL ACTION ITEM P::¡np ? nf ? e ORDINANCE NO. 2833 AN ORDINANCE AMENDING APPENDIX A OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND THE FEES CHARGED FOR PERMITS AND INSPECTIONS UNDER CHAPTER 18 OF THE CODE. WHEREAS, staff has recommended changes in fees charged for certain business pennits and the city council finds such changes to be reasonable; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the fee schedule established for CHAPTER 18 by Appendix A of the North Richland Hills Code of Ordinances is hereby amending Sections 18-65, 18-154 and 18-193 to read as set forth on Exhibit A hereto. AND IT IS SO ORDAINED. Passed on this 9th day of May, 2005. e CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, Attorney APPROVED AS TO CONTENT: e Jo Ann Stout, Neighborhood Services Director e EXHIBIT "A" ORDINANCE NO. 2833 e CHAPTER 18. BUSINESSES ~ection 18-B5 Annual permit fee for child care facility: $160.00 - ---- - Child care center permit: Application fee $85.00 Plan review fee $100.00 Non-Profit Child Care Center $10.00 þhild care worker permit: 3 years) Under age 62 $16.00 3 years) Over age 62 $5.00 Duplicate fee $1.00 Section 18-154 ~nnual fees for dancehalls Class A dancehall $25.00 Jlass B dancehall $15.00 Jlass C dancehall $10.00 :¡ection 18-193 Food service fees: Food service application fees $85.00 Food service plan review $100.00 - Annual permit fee: High priority $380.00 Medium priority $325.00 Low priority $220.00 Reinspection Fee 1/2 of the original permit fee) Mobile food unit $110.00 per vehicle emporary Event Food Vendors: Nonprofit $0.00 e " e Food handler permit: e Permit fee $16,00 3 yrs.) under the age of 62 fee $5.00 .) over the age of 62 Duplicate fee $1.00 Food manager's permit: Permit fee 1$10.00 5 yrs. From State issuance date) Duplicate fee $1.00 wimming pools-public and semipublic permit: $85.00 $100.00 nnual fee $130.00 aste haulers: IHauler/Pumper $110.00 per vehicle e rip ticket book 10.00 each .. "> .. CITY OF NORTH RICHLAND HILLS _epartment: City Manaqer's Office Council Meeting Date: May 9, 2005 Subject: Participation in Tarrant County CDBG and Home Investment Partnership Program Resolution 2005-039 Agenda Number: GN 2005-046 In örder for the City of North Richland Hills to continue to receive Community Development Block Grant (CDBG) Entitlement funding through 2008, Tarrant County must once again qualify as an Urban County under the CDBG and HOME programs. Entitlement counties must re-qualify every three years for funding. Tarrant County is eligible to receive entitlement grant funds by having a combined population of 200,000 or more from unincorporated areas and participating municipalities. CDBG Funds can be used to make improvements to areas of the city where 51 % of the residents are considered low to moderate income. Currently, the City of North Richland Hills uses CDBG Funds to improve streets, for housing rehabilitation and to fund a portion of the Northeast Transportation Service for disabled and senior residents. HOME funds provide formula grants to States and localities that communities use - often in partnership with local nonprofit groups - to fund a wide range of activities that build, buy, and/or rehabilitate affordable housing for rent or ownership or provide direct rental assistance to low-income residents. This agreement allows North Richland Hills to continue to become part of the Urban County for the purpose of program planning and implementation for the entire period of the Urban County qualification. This agreement must be executed prior to Tarrant County's submission to the Department of Housing and Urban Development in the first week of July 2005. Recommendation Staff recommends approval of Resolution No. 2005-039. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other 0~)ß, ~ Department Head Signat e Account Number Sufficient Funds Ävallable Finance Director ~f;;;ifµ Page 1 of 1 RESOLUTION 2005-039 RESOLUTION REGARDING CITY OF NORTH RICHLAND HILLS, A DEPARTMENT OF e HOUSING AND URBAN DEVELOPMENT (HUD) METROPOLITAN CITY DESIGNATED AS A DIRECT ENTITLEMENT CITY, FOR PARTICIPATION IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2006 THROUGH FISCAL YEAR 2008, SUBJECT TO THE JOINT ADMINISTRATIVE AGREEMENT ATTACHED (A TT ACHMENT "A"). WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended through the Housing and Community Development Act of 1992, establishes a program of community development block grants for the specific purpose of developing viable communities by providing decent housing and suitable living environments and expanding economic opportunities principally for persons of low and moderate income, and WHEREAS, Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, establishes the HOME Investment Partnership Act to expand the supply of decent, safe, sanitary and affordable housing for low income and very low income Americans, and WHEREAS, Tarrant County has been designated an "Urban County" by the Department of Housing and Urban Development entitled to a formula share of Community Development Block Grant and HOME program funds provided said County has a combined population of 200,000 persons in its incorporated areas and units of general local government with which it has entered into cooperative e agreements, and WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperative agreements with local governments for essential Community Development and Housing Assistance activities, and WHEREAS, the City of North Richland Hills shall not apply for grants under the Small Cities or State CDBG Program from appropriations for fiscal years during the period in which it is participating in Tarrant County's CDBG program, and WHEREAS, the City of North Richland Hills shall not participate in a HOME consortium except through Tarrant County, regardless of whether or not Tarrant County receives a HOME fonnula allocation, and WHEREAS, through cooperative agreements Tarrant County has authority to carry out activities funded from annual CDBG and HOME Program Allocations from Federal Fiscal Years 2006, 2007, 2008 appropriations and from any program income generated from the expenditure of such funds, and WHEREAS, Tarrant County and the City of North Richland Hills agree to cooperate to undertake, or assist in undertaking, community renewal and low income housing assistance activities, and e WHEREAS, Tarrant County will not fund activities in support of any cooperating unit of general government that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with its fair housing certification, and Resolution No. 2005-039 Page 1 of3) 1 WHEREAS, the City of North Richland Hills has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, and e WHEREAS, the City of North Richland Hills has adopted and is enforcing a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions, and WHEREAS, Tarrant County and the City of North Richland Hills shall take all actions necessary to assure compliance with the Urban County's certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws, and WHEREAS, prior to disbursing any CDBG or HOME Program funds to a subrecipient, Tarrant County shall sign a written agreement with such subrecipient, and WHEREAS, the City of North Richland Hills agrees to infonn the County of any income generated by the expenditure of CDBG funds received and that any such program income must be paid to the County to be used for eligible activities in accordance with all CDBG and HOME Program requirements, and WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County is responsible for ensuring that CDBG funds are used in accordance with all program requirements, including monitoring and reporting to the U.S. Department of Housing and Urban Development on the use of program e income and that in the event of close-out or change in status of the city of North Richland Hills, any program income that is on hand or received subsequent to the close-out of change in status shall be paid to the County, and WHEREAS, the City of North Richland Hills, agrees to notify Tarrant County of any modification or change in the use of the real property from that planned at the time of acquisition or improvement, including disposition, and further agrees to reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations, and WHEREAS, any money generated from disposition or transfer of the property will be treated as program income and returned to the county prior to or subsequent to the close-out, change of status or termination of the cooperation agreement between county and the City of North Richland Hills; NOW, THEREFORE, BE IT RESOLVED, by the City of North Richland Hills, that the City Council of North Richland Hills, Texas supports the application of Tarrant County for funding from the Housing and Community Development Act of 1974, as amended, and asks that its population be included for three successive years with that of Tarrant County, Texas to cany out under Public Law 93-383, and Affordable Housing activities under Public Law 101-625, and authorizes the Mayor of North Richland Hills, Texas to sign such additional fonns as requested by the Department of Housing and Urban Development pursuant to the purposes of the Resolution, and further that the City of North e Richland Hills, Texas understands that Tarrant County will have final responsibility for selecting projects and filing annual grant requests. Resolution No. 2005-039 Page 2 00 2 BE IT FURTHER RESOLVED, this agreement will automatically be renewed for participation in successive three-year qualification periods, unless Tarrant County or the City of North Richland Hills provides written notice it elects not to participate in a new qualification period. Tarrant e County will notify the City of North Richland Hills in writing of its right to make such an election on the date specified by the U.S. Department of Housing and Urban Development (HUD) in their urban county qualification notice for the next qualification period. Any amendments or changes contained within the urban county qualification notice applicable to for a subsequent three-year urban county qualification period must be adopted by Tarrant County· and the City of North Richland Hills, and submitted to HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic renewal of this agreement. This agreement remains in effect until CDBG, HOME funds, and income received to the fiscal years 2006, 2007, and 2008 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, neither Tarrant County nor the City of North Richland Hills may terminate or withdraw from the agreement while the agreement remains in effect. Official notice of amendments or changes applicable for a subsequent three-year urban county agreement shall be in writing and be mailed by certified mail to the City Secretary of the City of North Richland Hills. Any notice of changes or amendments to this agreement by the City of North Richland Hills to Tarrant County shall be in writing to the Tarrant County Community Development Division Director. PASSED AND APPROVED THIS 9th day of May, 2005. e APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney e Resolution No. 2005-039 Page 3 of3 3 e - e A TT ACHMENT "A" RESOLUTION No. 2005-039 JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THE STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT The CITY OF NORTH RICHLAND HILLS, hereinafter called "City", has accepted a designation by the United States Department of Housing and Urban Development (HUD) as a metropolitan city eligible to receive direct entitlement of Community Development Block Grant (CDBG) funds for the FY 2005 program year, and The CITY OF NORTH RICHLAND HILLS has entered into a cooperative agreement (attachment "A") with TARRANT COUNTY, hereinafter called "County", to participate in the County's CDBG program as a metropolitan city eligible to receive direct entitlement of CDBG funds, and The CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY have agreed to abide by HUD requirements as detailed in CPD 96-04, Article 5, in the cooperative agreement (attachment "A"), and in accordance with 24 CFR 570.308 Joint Requests. This JOINT ADMINISTRATIVE AGREEMENT is made and entered into by and between the City Council of the CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY and the parties hereby AGREE as follows: 1. Scope of Tenn of Services. The City of North Richland Hills hereby employs the County through this Joint Administrative Agreement to administer all activities and requirements of federal, state and local law, and rules and procedures of the United States Department of Housing and Urban Development with regard to the City's metropolitan city designation and related Community Development Block Grant entitlement program for the Fiscal Years 2005 through 2007. 2. Distribution of CDBG Funds. The City shall receive CDBG entitlement program funding from the County as an entitled metropolitan city. The amount of funding shall be equivalent to or greater than what HUD detennines annually as the City's entitlement as a metropolitan city. 3. Duties of County. The County shall be responsible for administering all activities related to the City CDBG entitlement program in accordance with 24 CFR 570.500 Subpart "J" Grant Administration, and 24 CFR 92.500. e e e 4. Duties of the City. The City will approve all City CDBG entitlement program funding decisions. The City will determine specific programs, projects, or any other uses to the extent permitted and consistent with HUD eligible activities. 5. Fee for Services. The County shall be paid an annual fee based upon FOURTEEN PERCENT (14%) of the total City CDBG entitlement program. 6. City Administrative Expenses. The County shall remit to the City SIX PERCENT (6%) of total City CDBG entitlement program funding for administrative costs incurred by the City in accordance with HUD eligible reimbursable administrative costs. This Joint Administrative Agreement is executed on behalf of the CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY by its duly authorized officials. CITY OF NORTH RICHLAND HILLS MAYOR DATE: TARRANT COUNTY, TEXAS TOM VANDERGRIFF, JUDGE DATE: .. t. CITY OF NORTH RICHLAND HILLS Department: City ManaQer's Office Council Meeting Date: May 9. 2005 Subject: Joint Administrative AQreement for Administration of the Community Development Entitlement Program Agenda Number: GN 2005-047 In order for the City of North Richland Hills to continue to receive Community Development Block Grant (CDBG) Entitlement funding through 2008, Tarrant County must once again qualify as an Urban County under the CDBG and HOME programs. Entitlement counties must re-qualify every three years for funding. Tarrant County is eligible to receive entitlement grant funds by having a combined population of 200,000 or more from unincorporated areas and participating municipalities. CDBG Funds can be used to make improvements to areas of the city where 51 % of the residents are considered low to moderate income. Currently, the City of North Richland Hills uses CDBG Funds to improve streets, for housing rehabilitation and to fund a portion of the Northeast Transportation Service for disabled and senior residents. As part of this process, Tarrant County is also proposing the renewal of the joint administrative agreement between North Richland Hills and Tarrant County to include the administration the CDBG entitlement funding. This agreement with Tarrant County is for three years (2005, 2006, 2007 CDSG periods). Tarrant County will be responsible for administering all activities and requirements of the federal, state and local laws, and rules of the U.S. Department of Housing and Urban Development regarding the City in CDBG entitlement program. Tarrant County will perform the necessary planning and publications for North Richland Hills and perform all the federally required duties on our behalf. The City will be responsible for identifying projects and administering those specific projects. This agreement must be executed prior to Tarrant County's submission to the Department of Housing and Urban Development in the first week of July 2005. Recommendation Staff recommends approving the renewal of the joint administrative agreement for the administration of the Community Development Block Grant Entitlement Program. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Ävallable Finance Director 1/· Department Head Signature -' ~~~ / ity Manager Sig ture C",no 1 nf 1 e e e JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THE STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT The CITY OF NORTH RICHLAND HILLS, hereinafter called "City", has accepted a designation by the United States Department of Housing and Urban Development (HUD) as a metropolitan city eligible to receive direct entitlement of Community Development Block Grant (CDBG) funds for the FY 2005 program year, and The CITY OF NORTH RICHLAND HILLS has entered into a cooperative agreement (attachment "A") with TARRANT COUNTY, hereinafter called "County", to participate in the County's CDBG program as a metropolitan city eligible to receive direct entitlement of CDBG funds, and The CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY have agreed to abide by HUD requirements as detailed in CPD 96-04, Article 5, in the cooperative agreement (attachment "A"), and in accordance with 24 CFR 570.308 Joint Requests. This JOINT ADMINISTRATIVE AGREEMENT is made and entered into by and between the City Council of the CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY and the parties hereby AGREE as follows: 1. Scope of Term of Services. The City of North Richland Hills hereby employs the County through this Joint Administrative Agreement to administer all activities and requirements of federal, state and local law, and rules and procedures of the United States Department of Housing and Urban Development with regard to the City's metropolitan city designation and related Community Development Block Grant entitlement program for the Fiscal Years 2005 through 2007. 2. Distribution of CDBG Funds. The City shall receive CDBG entitlement program funding from the County as an entitled metropolitan city. The amount of funding shall be equivalent to or greater than what HUD determines annually as the City's entitlement as a metropolitan city. 3. Duties of County. The County shall be responsible for administering all activities related to the City CDBG entitlement program in accordance with 24 CFR 570.500 Subpart "J" Grant Administration, and 24 CFR 92.500. 4. Duties of the City. The City will approve all City CDBG entitlement program funding decisions. The City will determine specific programs, projects, or any other uses to the extent permitted and consistent with HUD eligible activities. e e e 5. Fee for Services. The County shall be paid an annual fee based upon FOURTEEN PERCENT (14%) of the total City CDBG entitlement program. 6. City Administrative Expenses. The County shall. remit to the City SIX PERCENT (6%) of total City CDBG entitlement program funding for administrative costs incurred by the City in accordance with HUD eligible reimbursable administrative costs. This Joint Administrative Agreement is executed on behalf of the CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY by its duly authorized officials. CITY OF NORTH RICHLAND HILLS MAYOR DATE: TARRANT COUNTY, TEXAS TOM VANDERGRIFF, JUDGE DATE: J , " CITY OF NORTH RICHLAND HILLS epartment: Administration Council Meeting Date: May 9, 2005 Subject: Consideration of a Recommendation from the Naminq Agenda Number: GN 2005-048 Board for a Street Name Change of a portion of Industrial Park Boulevard - Ordinance No. 2834 As you know, the development of the new Liberty Park has been underway for some months now. The completion is near with the formal dedication scheduled for Saturday, May 21, 2005 at 10:00 a.m. With this in mind, it was very recently suggested and supported by many that the segment of Industrial Park Boulevard immediately adjacent to the new Liberty Park should be changed to something supportive and possibly reflective of the new park. This short street segment from Technol Boulevard to Holiday Lane has no residences or businesses that would be impacted from such a change. The Naming Board has agreed to meet on Friday, May 6, 2005 at 11 :00 a.m. to consider a possible recommendation for a street name change. If the Naming Board makes a recommendation to the City Council for a name change, the proper process is to change the name of the street by the passage of an ordinance. At the City Council meeting a presentation will be made that addresses the recommendation of the Board. An ordinance will be prepared in time for the meeting that can be used if necessary. If directed, staff will prepare and install the proper signage in time so that the park dedication can be done in conjunction with the renaming of the street on May 21 st. Recommendation: Approve Ordinance No. 2834 Source of Funds: Bonds (GO/Rev.) Operating Budget Other jJ~~ Departm~t.Head Signature Finance Review Account Number Finance Director P::.n.:> 1 nf " 1 ORDINANCE NO. 2834 e 5 AN ORDINANCE CHANGING THE NAME OF A PORTION OF A NORTH RICHLAND HILLS STREET FROM INDUSTRIAL BOULEVARD TO 7 WHEREAS, Liberty Park has been completed and is about to be opened and the city council desires to change the name of an adjacent street thereto; NOW, THEREFORE, 9 11 BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: 13 Section 1: The name of that portion of Industrial Boulevard between Tecnol Boulevard and Holiday Lane is hereby changed to 15 17 AND IT IS SO ORDAINED. 19 Passed on this 9th day of May, 2005. 21 CITY OF NORTH RICHLAND HILLS 23 e Oscar Trevino, Mayor 27 ATTEST: 29 31 33 Patricia Hutson, City Secretary 35 APPROVED AS TO FORM AND LEGALITY: 37 39 George Staples, Attorney 41 APPROVED AS TO CONTENT: 43 45 e Richard Torres, Assistant City Manager e e . Announcements and Information May 9, 2005 Announcements A Special City Council Meeting is scheduled for 6 p.m. on Tuesday, May 17, to canvass the May 7 election results. The elected Councjl Members will take the official oath of office at this time. The City of North Rjchland Hills continues its free spring concert series at Green Valley Park, 7701 Smjthfield Road. The next concert will be an a cappella, percussion and acoustic performance by "Vocal Trash" at 7 p.m. on May 20. Admission is free. Please bring your lawn chairs and blankets. For more information, call 817-427-6614. Join us·on Armed Forces Day, Saturday, May 21, for the dedication of Liberty Park and the new Veterans Monument. This event honoring America's military will begin at 10 a.m. Liberty Park is located at the corner of Holiday Lane and Industrial Park Boulevard. For more information, please call 817-427-6620. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Adrien Pekurney and Staff, Recreation Center A compliment was recejved from a patron of the North Richland Hills Recreation Center stating that the facility was a wonderful place to exercise in the mornings, have coffee and visit with friends. He also praised the staff for being helpful and very knowledgeable in all areas of health.