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Home My WebLink AboutCC 2009-08-10 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 10, 2009 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009-071 Discussion to Revise the Ordinance Regarding Solicitors' Permits (15 Minutes) A.3 IR 2009-078 National Flood Insurance Program's Community Rating System Update (10 Minutes) A.4 IR 2009-079 Rufe Snow Drive/Glenview Drive Intersection Concept Study (20 Minutes) A.5 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on August 7, 2009 at ~~~:~C~~~,L. ~ ~~' ~~: ,~ As ista t City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. • NRH City Council Agenda -August 10, 2009 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 10, 2009 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ^ Library on the Friday prior to the meeting (available electronically) ^ City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order -Mayor Trevino • A.1 Invocation -Councilman Sapp A.2 Pledge -Councilman Sapp A.3 Special Presentation(s) and Recognitions) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so • NRH City Council Agenda -August 10, 2009 Page 2 of 4 • requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of July 27, 2009 City Council Meeting C.0 PUBLIC HEARINGS C.1 RP 2009-03 Public Hearing and Consideration of a request from Scott Watrous to replat Lots 17 and 18, Block 1, W.E. Odell Addition into Lot 17R, Block 1, W.E. Odell Addition located at 8029 and 8105 Odell Street D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. • • E.0 PUBLIC WORKS E.1 PW 2009-028 Approval of the 2009 Preventive Street Maintenance Program E.2 PW 2009-029 Approve a Contract of Sale in the amount of $26,600 for Right-of-Way Acquisition at 8241 Pecan Ridge Drive for the North Tarrant Parkway Street Reconstruction Project. E.3 PW 2009-030 Approve a Policy Change for Low-Priced Land Purchases -Resolution No. 2009-027 F.0 GENERAL ITEMS F.1 F.2 GN 2009-055 Inter-Local Agreement Between City of North Richland Hills and Tarrant County for Food Service Inspections at Taste of North East Tarrant Special Event GN 2009-056 Setting Date for Public Hearings for 2009-2010 City Budget, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District Budgets F.3 GN 2009-057 Setting Date for the Adoption of the Pr Placing the Tax Rate Adoption on the Agenda of the Meeting G.0 EXECUTIVE SESSION ITEMS No items for this category. H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Lewis NRH City Council Agenda -August 10, 2009 Page 3 of 4 • H.2 Adjournment All items on the agenda are for discussion and/or action. (;Prtifi~ati~n I do hereby certify .that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland ills, Texas in compliance with Chapter 551, Texas l~ ~ Government Code on August 7, 2009 at ~ ~.$2. C~~~., t ~ ~. F ~ ~ !~ ~' a"~ ~ 1 r~ Ass sta t City Secretary This facilit is wheelchair accessible and accessible arkin aces are available. Y p 9 p Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed • on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1 NRH City Council Agenda -August 10, 2009 Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, August 10, 2009 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009-071 Discussion to Revise the Ordinance Regarding Solicitors' Permits X15 Minutes) A. 3 IR 2009-078 National Flood Insurance Program's Community Rating System Update X10 Minutes) A.4 IR 2009-079 Rufe Snow Drive/Glenview Drive Intersection Concept Study (20 Minutes A.5 Adjournment • 1 • • CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8-10-2009 Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting 1 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-071 ....~'';v,,-, Date: August 10, 2009 - -'`w :~~. ~~~ '~ ~ ~` Subject: Revision of the Ordinance Regarding Solicitors' Permits ;,~, Recently staff received several inquiries and complaints from residents concerning solicitors and unwanted handbills. Some of the complaints from citizens have included: • A desire for handbills to be prohibited • Overly aggressive solicitors • Scare tactics used • Refusal to leave premises • Attempts to enter homes uninvited • The current ordinance, last updated in the late 1980's, does not address the concerns being expressed by the citizens. While trying to assist the citizens with their concerns, Staff also found that the ordinance did not have provisions to revoke permits once issued. The City cannot infringe on the rights of solicitors and handbill distributors protected by the First and Fourteenth amendments, but there are some changes that can be made that will address concerns. Staff is recommending a proposed ordinance that will regulate the distribution of handbills and place additional regulations and restrictions on solicitors. Some of the major changes proposed are as follows: • Businesses desiring to distribute commercial handbills must register and list name of persons who will be doing the distribution. • Same time limits on handbill distribution as solicitation. • Signs on houses or businesses will outlaw handbill distributions. • Handbills cannot be placed on cars. • Handbills cannot be left at vacant houses. • Solicitation permit time reduced from one year to six months. • Provision made for cancellation of solicitation permits. • "Aggressive" tactics in solicitation defined and prohibited. • Solicitors required to step back and stay away from door after knocking or ringing doorbell. • Restrictions placed on address number painting solicitation and requiring disclaimer of city endorsement or sponsorship. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ • A draft ordinance is attached for Council's review. The ordinance is still being reviewed by Staff for other possible changes. Staff would like to receive Council's input. We look forward to discussing the proposed revisions with you Monday evening and receiving your comments or suggestions. Respectfully submitted, Patricia Hutson City Secretary ~~ U • • DRAFT ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 18, PEDDLERS AND SOLICITORS, ARTICLE IV OF CHAPTER 70, STREETS AND SIDEWALKS, AND APPENDIX A, FEES, OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING REGULATIONS FOR SOLICITATION AND CANVASSING ACTIVITIES; REGULATING THE DISTRIBUTION OF HANDBILLS; PROVIDING THAT CURB PAINTING VENDORS SHALL USE REFLECTIVE PAINT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has determined that in order to prevent and deter deceptive practices and fraud, it is necessary to require solicitors to obtain permits and to regulate those solicitors; and WHEREAS, the City Council possesses, pursuant to §311.011 of the Texas Transportation Code, as amended, the exclusive control and power over public streets; and WHEREAS, the City Council has determined that solicitations and other types of activity at residences and other private property at certain times and under certain circumstances greatly intrudes on the privacy and personal property rights of the citizens of North Richland Hills; and WHEREAS, the City Council has determined solicitation activity conducted in certain locations presents safety and congestion concerns; and, WHEREAS, THE City Council has determined that the unregulated distribution of commercial handbills creates litter and annoys residents with unwanted advertisements; and WHEREAS, the City Council finds that regulations addressing all these concerns are in the best interest of the health, safety and welfare of the citizens of North Richland Hills; and WHEREAS, it is the intent of the City Council to not infringe on any rights • protected by First and Fourteenth Amendments to the United States Constitution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Chapter 18 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Chapter 18 BUSINESSES ARTICLE VII. SOLICITORS AND HANDBILL DISTRIBUTORS DIVISION 1. GENERAL PROVISIONS Sec. 18-481. Purpose and Intent. The purpose of this chapter is to secure the general health, safety and welfare for the residents of the City by: (1) prohibiting door-to-door solicitation at residences during the times when such activity is most intrusive and disruptive to citizens' privacy; (2) regulating the locations in which solicitation activity may occur to promote safety and minimize congestion; (3) regulating the manner in which any solicitation activity may occur to promote good order protect citizens from aggressive and intimidating practices; and (4) requiring solicitors to obtain permits from the City to aid crime detection and deter deceptive practices and fraud; and, (5) requiring commercial handbill distributors to register, and prohibiting commercial handbill distribution to vacant premises, in public places and to residences and businesses with posted notices prohibiting handbills. Sec. 18-482. Definitions. In this chapter: Charitable purpose means the use of money or property for the benefit of: • • (1) Charity or philanthropy, or poor, impoverished, destitute, underprivileged, needy, refugee, diseased, injured, crippled, disabled or handicapped persons or persons in need of rehabilitation; (2) Patriotism, that is, for the teaching of patriotism or the relief or assistance of veterans or veterans organizations; or (3) Existing educational institutions or for the establishment or endowment of educational institutions or in aid of the education of any person or group of persons. City means the City of North Richland Hills, Texas. City Manager means the City Manager of the City or the City Manager's designated representative. City Sponsored Event means a special event for which the City has issued a permit other than a solicitor's permit or has otherwise authorized to occur, and for which the City pays all or a portion of the costs of the event. Commercial handbill means any sample or device, printed or written material, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies, picture or other representation of goods or merchandise or description of • services except telephone books, newspapers, magazines and periodicals of general circulation which. A. Advertises for sale, lease or license any merchandise, product, commodity service or thing; B. Directs attention to any business, mercantile or commercial establishment or other activity for the purpose of promoting interest in the things or services sold, leased or licensed; or C. Directs attention to or advertises ay show, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit. Curb means the line adjacent to the edge of the roadway which may be either a raised or lowered or a marked or unmarked surface. Dark means the time of day identified by the United States Naval Observatory as being after the end of civil twilight on a particular day in the City. Director means the City Secretary or the Director's designated representative. Handbill means any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any manner. Handbill distributor means any person who distributes or causes the distribution of handbills. Minor means a person under the age of 18. Permanent Established Business Location means an established place of business operating in a permanent structure on a continuous basis. Permanent Structure means a structure for which a certificate of occupancy has been issued. Public Place means any area to which the public is invited or in which the public is permitted, and includes, but is not limited to: the parking lot of any commercial establishment, the right of way of any street or highway, but does not include the offices or work areas of work places not entered by the public in the normal course of business. Roadway means that portion of a street or highway designed, improved or ordinarily used for vehicular travel, typically delineated by curbs, edgelines or the edge of the pavement. Selling means to sell, dispense, peddle, hawk, display, offer to sell or solicit for sale by offering or exposing for sale any goods, wares, merchandise or services. Sidewalk means the portion of a street or highway that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use. Solicitation means (a) the act of: (1) traveling either by foot or vehicle, going door-to-door, house-to-house, building-to-building; or (2) occupying space in or traveling on or through any public place in the City; (b) while contacting persons to ask, barter or communicate in any other manner, whether orally, by written or printed materials including but not limited to handbills or leaflets, hand signing or by any other method, direct or implied, for the purpose of: (1) selling or taking orders for goods, wares, merchandise or services; or (2) collecting money for any purpose. • The term does not include: (1) activity of a salesperson calling upon or dealing with manufacturers, wholesalers, distributors, brokers or retailers at their place of business in the usual course of business; (2) activity approved in conjunction with a city sponsored event; (3) activity conducted in conjunction with a residential yard or garage sale; (4) activity of a business conducted at the permanent established business location of that business; (5) activity conducted with consent of the owner or person in control of the property and not conducted while traveling either by foot or vehicle, going door-to-door, house-to-house or building-to-building; (6) activity for which a special use permit has been issued pursuant to the City's zoning ordinance; (7) ,activity conducted in connection with a mass gathering event under the City's zoning ordinance; (8) activity conducted at a city park pursuant to a concession agreement with the City or in accordance with applicable park ordinances and policies; (9) visitation or fund raising by members of an organization from its own members; (10) personal contact or fund raising by political candidates or parties or their supporters seeking to advocate particular points of view, issues or candidates. (11) Distribution of handbills without personal contact. (12) Mobile food vendors providing food to work sites. Solicitor means a person who engages in solicitation activities. Solicitor's Permit or Permit means a permit issued by the Director which allows a person to conduct solicitation activities within the City. Street or highway means the width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular traffic. ~~ Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Secs. 18-483-18-500. Reserved. DIVISION 2. SOLICITORS PERMITS Sec. 18-501. Permit Required for Solicitors. (a) A person commits an offense if the person engages in solicitation in the City without first obtaining a solicitor's permit from the Director. (b) A solicitor's permit shall be valid for six (6) months following the date of issuance unless a shorter period is requested by the applicant. (c) An applicant for a solicitor's permit shall pay a permit fee at the time the application is submitted, and if required, shall submit a bond if the application is granted. The amount of the solicitor's permit fee shall be set forth in the city's schedule of fees as approved by the city council. (d) An organization or a person conducting solicitation activity for a charitable purpose is exempt from payment of a permit fee. (e) A church, religious society or other religious sect, group or order or person conducting solicitation activity on behalf of such church, society, group or order is exempt from payment of a permit fee. (f) No permit shall be required for persons under eighteen (18) years of age if engaged in fundraising activities for an organization using all profits for young people's activities or donating all profits to charities other than a sponsoring organization, nor shall a permit be required for the organization for which such young persons are soliciting. Sec. 18-502. Permit, registration application. (a) A person or organization desiring to conduct solicitation activities within the City shall make a written application on a form provided by the Director for a solicitor's permit. The application shall contain the following information: (1) the name, driver's license or state issued identification, date of birth, phone number and permanent, and, if different, local address of each person/organization applying for a permit; (2) a valid state driver's license number or astate-approved identification card number with a photograph (The Director will make a photocopy and attach • to the application), (3) if a vehicle is used, a description of the same, together with the state where licensed, license number and the vehicle identification number; (4) ,except as provided by section 18-504(c), two photographs of the applicant, measuring at least 1.5" x 1.5" and showing the head and shoulders of the applicant in a clear and distinguishing manner, which shall have been taken within the preceding 60 days before filing the application; (5) proof of possession of any license or permit which, under Federal, State, or Local laws or regulations, the applicant is required to have in order to conduct the proposed solicitation. Copies of all such licenses and permits shall be attached to the application; (6) if the applicant is: (i) employed by another, the name and physical street address (not a post office box) and telephone number of the employer together with credentials in written form establishing the authority of the employee to act for the employer; (ii) acting as an agent, the name, the physical street address (not a post office box), and telephone number of the principal being represented, with credentials in written form establishing the relationship and authority of the agent to act for the principal; or (iii) acting as a volunteer for a nonprofit organization, the name and physical street address (not a post office box) of the organization being represented must be provided; (7) the nature of solicitation activity (i.e. the merchandise to be sold or offered for sale; or the nature of the services to be furnished; or the type of pamphlets or handbills to be distributed); (8) the approximate time period within which the solicitation is to be made, stating the date of the beginning of the solicitation activity, its projected conclusion and the proposed dates and times of solicitation; (9) the names of all other cities in which the applicant has conducted solicitation activities in the past six (6) months; (10) whether the applicant will receive a payment for goods or services at the time of solicitation or will demand, accept or receive payment or the deposit of money in advance of final delivery, and if so, the amount sought • i n f h a m nt~ or the basis for calculat o o suc p y e , (11) if the applicant has plead guilty, or nolo contendere to, or has been convicted of a felony or misdemeanor involving fraud, deceit, misrepresentation, asex offense, trafficking a controlled substance, or any act of violence against persons or property, a description of each such conviction or plea and the date of the offense; (12) if the applicant claims that the solicitation activity is to be conducted on behalf of a charity or for a charitable purpose, the information required by section 18-503(a) shall be attached to the application; (13) if the applicant is an entity that sponsors or employs minors as solicitors and is submitting one application, the information set forth in section 18- 504(b). (b) No person shall distribute or cause the distribution of commercial handbills without first registering with the Director and paying a registration fee in an amount established by the city's schedule of fees as approved by the city council. Such registration shall be based on the number of persons who will be distributing flyers and shall be for a specified thirty day period. The applicant shall complete a registration form which shall contain: (1) The name and address of the applicant's business address. (2) A brief description of the business in connection with the applicant will distribute handbills. (3) The name and address of every person who will distribute such commercial handbills. Sec. 18-503. Charitable Solicitation (a) The application for solicitation for or on behalf of a charity or for a charitable purpose must contain the following information: (1) The full name of the person or organization applying for a permit to solicit and the address of the headquarters in the city; if the organization is a chapter or other affiliate of an organization having its principal office .outside the city, the name and address of the parent organization. (2) The names and addresses of all officers and directors or trustees of the organization and the name and city of residence of all officers, directors or trustees of the parent organization, if any. (3) The name of the person or person by whom the receipts of the solicitation • s will be disbursed, if the receipts are transmitted to a parent organization for further disbursement, detailed information on the methods of handling and disbursement of all funds and a detailed and complete financial statement of the parent organization for the last preceding fiscal year. (4) The name and address of the local person or persons who will be in charge of conducting the charitable solicitation. (5) A description of the method or methods to be used in conducting the charitable solicitations. (6) The period within which the charitable solicitation will be conducted, including the proposed dates for the beginning and ending of the solicitation. (7) A full statement of the character and extent of the charitable work done by the applicant within the city during the preceding year and a statement of the specific purpose for which funds are to be solicited, together with a detailed account of their intended use. (8) If the applicant is a corporation, a copy of its charter or articles of incorporation from its state of incorporation; if the applicant is a foreign corporation, a copy of its certificate to do business in the state. (9) If the applicant is a charitable corporation or other non-profit organization, proof of the applicant's current status as a charitable association or other organization to which contributions are tax deductible for federal income tax purposes. (10) A statement of whether contributions to the person or organization are tax deductible and what percentage of the contributions are not tax deductible. (11) the name, driver's license or state issued identification, date of birth, ,phone number and permanent, and, if different, local address of each person/organization applying for a permit to do charitable solicitation; (12) a valid state driver's license number or astate-approved identification card number with a photograph (The Director will make a photocopy and attach to the application); (13) if a vehicle is used, a description of the same, together with the state where licensed, license number and the vehicle identification number; (14) except as provided by section 18-504(c), two photographs of the applicant, measuring at least 1.5" x 1.5" and showing the head and • shoulders of the applicant in a clear and distinguishing manner, which shall have been taken within the preceding 60 days before filing the application. (b) Procedures and Requirements. (1) When contributions to a person or organization are not wholly tax deductible, the person or organization shall prominently state, in all .materials used in the solicitation and in all verbal solicitations, the percentage which its not tax deductible. (2) The holder of a charitable solicitation permit is responsible for the overt acts of his authorized representatives in connection with the solicitation. (3) No person shall use or disburse funds collected pursuant to a charitable solicitation permit for a purpose other than the charitable purpose described in the application and the actual and necessary expenses incident to the solicitation, collection and disbursement of the funds. (4) No person may solicit or obtain gifts in money or merchandise, directly or indirectly, by the misrepresentation of names, occupation, affiliation, physical disability, financial condition, social condition or residence. (c) Compliance with Section. No person may solicit contributions for a charitable purpose without a valid permit. (1) In all cases where the Director has reason to believe that a person or organization is soliciting for a charitable purpose without a permit of the funds of a person or organization operating under a charitable solicitation permit have been or are being diverted from the purposes for which they are collected, or have been secured by misrepresentation, the person or organization involved is subject to investigation by the Director, and may require the person or organization to file an immediate account of its receipts and expenditures. (2) The Director may execute in writing and cause to be served upon a person who is believed to have information, documentary material, or physical evidence relevant to an alleged or suspected violation of this article, an investigative demand requiring the person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts of circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination, at a reasonable time and place as may be stated in the investigative demand, concerning charitable solicitation that is the subject matter of an investigation. • (3) Failure or refusal to comply with an investigative demand made pursuant to the provisions of subsection (2) of this section is a violation of this article. Sec. 18-504. Solicitation by Minors; Applications. (a) A minor who conducts solicitation activities shall be sponsored or employed by a person over the age of eighteen, a corporation, company or organization. The person, company, corporation or organization that is sponsoring or employing the minor(s) is responsible for controlling the conduct of the minors. (b) A minor sixteen (16) years of age or older that is sponsored or employed by any person, company, corporation or organization that is not anon-profit organization shall obtain a solicitors permit as required by Section 18-501 and 18-502. Sec. 18-505. Bond. (a) Solicitors who require cash deposits or advance payments for future delivery or who require an agreement to finance the sale of goods or services for future delivery, or for services to be performed in the future, shall furnish to the city a bond with the application in the amount determined in subsection (c) below, signed by the applicant and a surety company authorized to do business in Texas; conditioned: (1) Upon the final delivery of goods or services in accordance with the terms of any order obtained; (2) To indemnify purchasers for defects in material or workmanship that may exist in the goods sold and that are discovered within 30 days after delivery; and (3) For the use and benefit of persons, firms, or corporations that may make a purchase or give an order to the principal of the bond or to the agent or employee of the principal of the bond. (b) If the applicant is a person, firm, or corporation engaging in solicitation activities through one or more agents or employees, only one bond is required for the activities of all the agent or employee solicitors. (c) The amount of the bond is determined by the number of solicitors acting as agents or employees of the same person, firm, or corporation as follows: 1-5 solicitors ... $10,000.00 6 or more solicitors ... $20,000.00. • Sec. 18-506. Issuance of Solicitor's Permit. (a) The Director shall approve or deny the issuance of a permit to an applicant and notify the applicant within 30 days after receipt of the application. If the permit is denied the applicant shall be notified of this decision by mail sent to the address shown on the application. The permit shall not be approved if the Director finds one or more of the following to be true: (1) the application for a solicitor's permit does not contain the information required by section 18-502 or 18-503; (2) false or misleading statements are found to be included in the application for a solicitor's permit; (3) the applicant, employer or principal is a person against whom a civil judgment based upon fraud, deceit, or misrepresentation has been entered within five (5) years; (4) within five (5) years preceding the date of the application, the applicant, employer or principal has pleaded guilty or nolo contendere to, or has been convicted of, a felony, misdemeanor, or ordinance violation involving fraud, deceit, misrepresentation, asex offense, trafficking a controlled substance, or any act of violence against persons or property; (5) the applicant is a registered sex offender; (6) within the six (6) months preceding the date of the application, the applicant has failed to comply with any rule, regulation or ordinance of another city or state concerning solicitation activity; (7) the applicant has an outstanding warrant of arrest for any offense described in subsection (a)(4); or (8) the type of solicitation activity requires a bond, and the applicant has not complied with the bond requirements in section 18-505. (b) If an ,application is denied, the reasons for denial shall be noted on the application. (c) Except as otherwise provided in this chapter, the Director shall issue to each approved permit holder a photo identification tag under the terms of this ordinance. Such photo identification tag shall be worn constantly in a conspicuous place by the permit holder while conducting solicitation activities in the City. (d) A person commits an offense if the person wears or displays a photo • identification tag issued to another person or alters a photo identification issued hereunder. Sec. 18-507. Revocation or Suspension of Solicitor's Permit. (a) A permit may be revoked or suspended by the Director for any of the following reasons: (1) the Director finds that any fact or event in section 18-506(a) is true or has become true since the application was completed; or (2) the solicitor conducts solicitation activities in violation of any provision of this chapter. (b) Upon revocation, the Director shall immediately deliver written notice to the permit holder stating the action and the reasons supporting such action. A written notice shall be delivered or mailed to the solicitor's address as shown on the application. (c) The Director shall have the authority to seize any and all permits and photo identification tags possessed by persons conducting business as a solicitor while official notification process is underway. At such time, all solicitation activities conducted under the authority of that permit shall cease. (d) Should more than one complaint be received that solicitors for any product or service have violated any of the provisions of this ordinance, the Director shall immediately suspend all solicitor permits for such product or service and notify the permit holder(s) of such suspension. Unless appealed as provided by the following Section, such suspension shall become a forfeiture of all such permits. Sec. 18-508. Appeals. (a) A person who is denied a solicitor's permit, or whose permit is revoked or suspended by the Director, may appeal the decision to the city manager by filing a notice of appeal with the Director within 15 days after the notice of decision is delivered or mailed to the address indicated on the application. (b) Within ten (10) days of the receipt of the notice of appeal, the city manager shall set a time and place for a hearing on the appeal which shall be not later than thirty (30) days from the date of receipt of the notice of appeal. The City Manager may designate a person to hear such appeal. (c) Notice of the time and place of the hearing shall be delivered to such person or mailed to the person at the address indicated on the application. Notice shall be sent within ten (10) days of the receipt of the notice of appeal. • (d) The decision of the city manager or his designee on the appeal is final. No other administrative procedures are provided by the City. Secs. 18-509 -18-520. Reserved. DIVISION 3. REGULATIONS Sec. 18-521.. Regulation of Solicitors; Generally. (a) A solicitor shall identify himself as a solicitor upon approaching a person at a residence or at any other location in the City and explain his purpose, whether it be direct sales, solicitation of orders or services, or the demonstration of merchandise, or any combination of such purposes. (b) A person who uses a vehicle in solicitation activities, shall post a sign located in a conspicuous place on the vehicle, identifying the name of the person, company or organization that the person represents. If the name is an individual person, it must be followed by the word "solicitor". The lettering on the sign must be at least two and one-half (2 ~/2") inches high. (c) A solicitor who is permitted to solicit for the sale of edible merchandise shall keep all articles for sale to the public in a clean and sanitary condition, as well as the wagons, vehicles, or other conveyances used in the transportation of such merchandise and shall meet all applicable Federal, State and local regulations. (d) A solicitor commits an offense if he or she sells or offers to sell any unsound or unwholesome merchandise or give a false weight of measure to such offered for sale. (e) A solicitor commits an offense if he or she represents that the City or any of its employees or officials has endorsed or approved the goods or services which the solicitor is attempting to sell or take orders for. (f) A solicitor commits an offense if he or she attempts to contact a person at an address where a "No Solicitors" sign is posted. (g) A solicitor commits an offense if he or she fails to depart immediately when requested or ordered to leave. (h) A solicitor commits an offense if he or she fails to immediately step back from the door after knocking or ringing a doorbell and remaining at least three feet back from such door unless and until invited into the home. Sec. 18-522. Solicitation in Public Right of Way. (a) A person commits an offense if the person engages in solicitation activity within the roadway, or on any median or traffic island within the right-of-way of any street or highway within the City. (b) A person commits an offense if the person engages in solicitation activity by a direct transaction or exchange with the occupant of any vehicle stopped or traveling on the roadway of any street or highway in the city which is designated as an arterial or collector on the city's thoroughfare plan. An offense under this subsection occurs when the offer, solicitation or distribution is made regardless of whether a transaction is completed. (c) A person commits an offense if the person engages in solicitation activity on a sidewalk within the City in a manner that impedes the flow of pedestrian traffic. (d) It is a defense to prosecution under subsections (a) or (b) above if the person engages in solicitation activity to operate a taxi cab, mail carrier, vehicle for hire such as commercial servicing or repair of any disabled motor vehicle. (e) It is a defense to prosecution under subsection (a) if the person engages in solicitation activity from a vehicle in a manner that does not violate section 18- 523(a)(1). Sec. 18-523. Solicitation from a Vehicle. (a) A person commits an offense if the person conducts solicitation activities from a vehicle and: (1) the solicitation is conducted at a location within the right of way of any street or highway in the city which is designated as an arterial or collector on the city's thoroughfare plan; or (2) .the person stops the vehicle within a roadway to conduct business before the vehicle has been approached, called, or waived down by a prospective customer. (b) A person commits an offense if the person operates a vehicle from which solicitation activities are conducted upon any street or highway within the City and the vehicle is not equipped with warning lights that are in actual operation, whether or not the vehicle is stopped or moving. (c) A person commits an offense if the person operates a vehicle from which solicitation activities are conducted upon any street or highway within the City in a manner that blocks or impedes access to or from any alley, street or driveway, or impedes the flow of traffic on any public street or highway. Sec. 18-524. Restrictions on time for Solicitors and handbill distribution. • (a) A person commits an offense if the person engages in solicitation or handbill distribution activity_at a residence: (1) before 9:00 a.m.; or (2) after sunset as defined by the National Weather Service or 8 p.m., whichever is earlier on a given day. (3) On Sunday, any federally designated holiday; or any day where the Department of Homeland Security has declared an orange or red state of alert. (b) A person commits an offense if the person engages in solicitation or handbill distribution activity at a premises with a posted notice that such activity is not welcomed or invited. It shall be presumed that there is notice that solicitation and handbill distribution activity is not welcomed or invited when there is exhibited in a conspicuous place on or near the main entrance of a premises, a sign, not less than one (1) inch by three (3) inches in size, containing the words "NO SOLICITORS", "NO TRESPASSING", "NO HANDBILLS" or words of similar meaning. (c) A person commits an offense if the person engages in solicitation activities in an aggressive or intimidating manner. The term "aggressive or intimidating manner" means: (1) Blocking the path of a person who is the object of the activity; (2) Following behind, ahead or alongside a person who walks away from the solicitor or canvasser after being solicited, approached, accosted or offered a handbill, leaflet or any other item; or (3) Shouting, making any outcry, blowing a horn or whistle, or using any sound device, including any loud speaker or sound amplifying system in violation of the City's noise ordinance for the purpose of attracting attention to one's location. (4) Suggesting that the person or their family is in danger or will suffer harm if they do not purchase the goods or services offered by the solicitor. (5) .Failing to immediately step back from the door after knocking or ringing a doorbell and remain at least three feet back from such door unless and until invited into the home. (d) No handbill shall be delivered to any uninhabited building. (e) No commercial handbill shall be distributed or circulated in or upon any public • place or outdoor area. (f) No handbill shall be deposited upon or in any motor vehicle unless such vehicle is occupied and the occupant expressly accepts such handbill. (g) No handbill shall be delivered or distributed to any residential property in a manner which could result in such handbill being blown or drifting about or away from such property. (h) No handbill shall be nailed, tacked, stapled, glued or taped to any door or structure or attached in any other manner which could mar or leave adhesive residue." SECTION 2. Chapter 70 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by amending Article IV by adding a new Sec. 70-112 which shall read as follows: "Sec. 70-112. Painting address numbers on street curbs. (a) Definition. A curb painting vendor means a person who engages in the business of painting address numbers on street curbs for remuneration. (b) Purpose, restrictions In order to protect citizens against crime, including deceptive practices, fraud, and burglary, to minimize the unwelcome disturbance of citizens and the disruption of citizens' privacy, and to preserve the public health, safety, and general welfare by registering and regulating those persons engaged in the business of painting address numbers on street curbs, every curb painting vendor shall (1) use reflective paint to paint curbs; (2) comply with the provisions of Article VII of Chapter 18 of this code; (3) provide to each business or residence that is being solicited a copy of a brochure, pamphlet or flier or advertising the curb painting vendor's services, which shall include the following statement in bold and conspicuous type on the cover thereof: "The City of North Richland Hills does not endorse or sponsor this business and does not require that you paint your curb."" SECTION 3. Appendix A of the North Richland Hills Code of Ordinances is hereby amended by adding the following fee under Chapter 18: "Commercial handbill distribution: $10 per person distributing handbills." • SECTION 4. Cumulative. This ordinance shall be cumulative of all provisions of ordinances of the City of North Richland Hills, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinance, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8. Publication. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. SECTION 9. Effective date. This ordinance shall be in full force and effect from and after its passage and publication as required by law. AND IT IS SO ORDAINED. Passed on this day of August, 2009. CITY OF NORTH RICHLAND HILLS • • ~J ATTEST: Patricia Hutson, City Secretary By: Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney • • INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-078 ,. ~~:~~~';,,,,; Date: August 10, 2009 ;,~ ' ~~' Subject: National Flood Insurance Program's Community Rating System Update The City of North Richland Hills recently underwent a review of the City's Floodplain Management Program as a requirement of our participation in the National Flood Insurance Program (NFIP) administered through FEMA. This review is conducted every five years (5) by the Insurance Services Office (ISO). Under the NFIP, the City also electively participates in the Community Rating System (CRS) program. The City has been in the CRS program for approximately the last ten (10) years. In order to remain in the CRS program the City had to adopt higher flood protection standards which in turn aid in protecting the public from losses associated with flooding events. Most of these higher standards are centered around staff's commitment to public outreach. By being a member of the CRS program, property owners in CRS communities benefit by receiving discounts on flood insurance. Communities in the CRS program are rated on a scale of 1 to 10, with Class 1 being the most desirable and Class 10 being entry level. The results of the FEMA audit • improved our status within the CRS program from a Class 7 to a Class 6 community. Only three other cities in Texas who participate in the CRS program had a better CRS rating. There are only five cities that have the Class 6 rating. This rating upgrade increases the discount on flood insurance policies for all residents within the City. The discount for flood insurance policies is increased from 15% to 20% for properties located within the floodplain, and the discount is increased from 5% to 10% for preferred risk polices for properties located outside of the floodplain. As a result of the change in CRS rating, all North Richland Hills' residents will be eligible for reduced flood insurance rates. Respectfully Submitted, Glenn Smith, P.E. Engineer Associate ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ • INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-079 • r: ~. ~~`; ..,r Date: August 10, 2009 .; „-; r.,.,: Subject: Rufe Snow Drive/Glenview Drive Intersection Concept Study '~ The Rufe Snow Drive/Glenview Drive Intersection Concept Study is a CIP Project approved in the 2007-2008 Capital Projects Budget. The scope of this project was to develop a concept plan to show various possibilities and opportunities to enhance this intersection. This intersection was recommended for improvement as part of the South Grapevine Corridor Highway Study to stimulate private development within and around the Boulevard 26 corridor. Staff presented four (4) concepts to City Council on April 13, 2009. At this meeting staff received feedback from Council to consider the ultimate configuration of the Rufe Snow Drive and Glenview Drive Intersection - including a dedicated left turn lane for the east bound leg of Glenview Drive and relocating the right turn lane for the southbound leg of Rufe Snow Drive. The consultant for this project, Huitt Zollars, Inc. has generated two (2) concepts which account for the ultimate configuration of the Rufe Snow Drive and Glenview Drive Intersection for the Council's consideration. Artistic illustrations are also included to depict the two (2) options. A brief description of each concept is provided below: Concept 1 -This concept utilizes a central focal point with a landscape backdrop on the main island area. A series of short serpentine retaining walls is designed to create a raised focal point for landscaping and signage. The small plaza . on the main island is designed to help move pedestrians through the intersection while also providing for small color displays within the plaza area. The design incorporates pavement enhancement at the intersection in addition to the landscaping within the right-of-way and small pavement islands. The design also includes the relocation of the right turn lane on Rufe Snow Drive and the addition of a dedicated left turn lane on Glenview Drive. Concept 2 -This concept utilizes the same landscaping feature as Concept 1 as well as a dedicated left turn lane on Glenview Drive. However, in this concept the right turn lane on Rufe Snow Drive is left in its current configuration. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ • The previously presented concepts included an option with and without the barber shop. Based on Council's guidance to consider the ultimate configuration of the intersection, the proposed improvements cannot be constructed without removal of the existing barber shop structure. This property will need to be acquired as right-of-way to proceed with either alternative. Staff is now seeking the City Council's input on the design and direction of the project. Respectfully Submitted, Glenn Smith, P.E. Engineer Associate • Concept 1 Rufe Snow/Glenview Drive Intersection Study Concept 2 Rufe Snow / Glenview Drive Intersection Study Artistic Illustration 1 Rufe Snow / Glenview Drive Intersection Study Artistic Illustration 2 Rufe Snow / Glenview Drive Intersection Study • • Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH R/CHLAND HILLS Council Meeting Date: 8-10-2009 Agenda No. A.5 1 City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, August 10, 2009 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation -Councilman Sapp A.2 Pledge -Councilman Sapp A.3 Special Presentation(s~ and Recognitions} No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of July 27, 2009 City Council Meeting C.0 PUBLIC HEARINGS C.1 RP 2009-03 Public Hearing and Consideration of a request from Scott Watrous to replat Lots 17 and 18, Block 1, W.E. Odell Addition into Lot 17R, Block 1, W.E. Odell Addition located at 8029 and 8105 Odell Street D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. • No items for this category. E.0 PUBLIC WORKS E.1 PW 2009-028 Approval of the 2009 Preventive Street Maintenance Program E.2 PW 2009-029 Approve a Contract of Sale in the amount of $26,600 for Right-of- Way Acquisition at 8241 Pecan Ridge Drive for the North Tarrant Parkway Street Reconstruction Project. E.3 PW 2009-030 Approve a Policy Change for Low-Priced Land Purchases - Resolution No. 2009-027 F.0 GENERAL ITEMS F.1 GN 2009-055 Inter-Local Agreement Between City of North Richland Hills and Tarrant County for Food Service Inspections at Taste of North East Tarrant Special Event F.2 GN 2009-056 Setting Date for Public Hearings for 2009-2010 City Budget, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District Budgets F.3 GN 2009-057 Setting Date for the Adoption of the Proposed Tax Rate and Vote on Placing the Tax Rate Adoption on the Agenda of the September 14, 2009 Council Meeting G.0 EXECUTIVE SESSION ITEMS No items for this category. H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Lewis H.2 Adjournment ~~ • • CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8-10-2009 Agenda No. A.0 Subject: Call. to Order -Mayor Trevino • • CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8-10-2009 Agenda No. A.1 Subject: Invocation -Councilman Sapp r~ L • CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8-10-2009 Agenda No. A.2 Subject: Pledge -Councilman Sapp • • CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 8-10-2009 Presented by: Agenda No. A.3 Subject: Special Presentation(s) and Recognitions) No items for this category. • • • • CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8-10-2009 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. • L_J CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Subject: Removal of Item(s) from Consent Agenda Council Meeting Date: 8-10-2009 Agenda No. A.5 r~ L 1 CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8-10-2009 Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. • • CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 8-10-2009 Presented by: Agenda No. B.1 Subject: Approval of Minutes of July 27, 2009 City Council Meeting Recommendation: To approve the minutes of the July 27, 2009 City Council meeting. r~ ~J MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 -JULY 27, 2009 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 27th day of July, 2009 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Scott Turnage Mayor Pro Tem, Council, Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director JoAnn Stout Director of Neighborhood Services . Craig Hulse Economic Development Director Thomas Powell Fleet Services Director Greg VanNieuwenhuize Assistant Public Works Director Debbie York Environmental Resources Coordinator Jamie Brockway Purchasing Manager Call to C~rrlPr Mayor Trevino called the work session to order at 5:45 p.m. A.1 Discuss Items from Regular City Council Meeting No items were discussed. • A.2 IR 2009-072 Iron Horse Golf Course 20th Anniversary Ms. Vickie Loftice, Managing Director, advised that the Golf Course would be celebrating this year its 20 year of operations. An official celebration and reception is planned for September 17. There will be afour-person golf scramble at 2:00 p.m. followed by a reception at 6:00 p.m. in the pavilion. Council was advised of several improvements that will be completed or nearing completion for the celebration. Staff is also recommending changes to the food and beverage operations and naming the grill at the Clubhouse to CA's Grill. CA's chicken fried steak and cheese soup would be introduced as new menu items. Staff also proposed to Council replacing the Iron Horse entry sign with a new monument sign. After discussion, Council concurred with the naming of the grill to CA's Grill, but was opposed to replacing the entry sign. Council was supportive of Staff exploring some type of additional signage to market CA's Grill. A.3 IR 2009-073 Update on Council Goal Action Items Ms. Elizabeth Reining, Assistant to City Manager, updated the Council on the progress of the City Council's Goals since adoption in April and the first progress report given to Council in May. Ms. Reining summarized the status of the 193 action items: • 112 action items are continuing • 8 actions items are completed; increased from 5 action items completed in May • 48 are, in progress; reduced from 50 action items in progress in May • 25 are not started; reduced from 27 not started in May. Most of the action items not started are items that require outside involvement that has been delayed. Ms. Reining reviewed with Council the action items listed under Implement Loop 820 Study objectives and their status. There were no questions from the Council. B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation 1) Friend v. City of North Richland Hills, et al - No. 342-218 419-06 2) Home Town Urban Partners, Ltd. v. City of North Richland Hills - No. 096-236530- 0~ 3) Venue at Hometown v. City of North Richland Hills et al Inspector - No. 352- 237213-099 4) Equal Employment Opportunity Commission v. City of North Richland Hills - 3:08-CV- 01358 r~ Mayor Trevino announced at 5:57 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of the following sections of the Texas Government Code: Section 551.071 to consult with the Attorney on the following litigation: 1) Friend v. City of North Richland Hills, et al - No. 342-218419-06; 2) Home Town Urban Partners, Ltd. v. City of North Richland Hills - No. 096-236530-09; 3) Venue at Hometown v. City of North Richland Hills et al Inspector - No. 352-237213-099 4) Equal Employment Opportunity Commission v. City of North Richland Hills - 3:08-CV-01358. C.0 Adjournment Mayor Trevino announced at 6:53 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order July 27, 2009 at 7:02 p.m. ROLL CALL Present: ~ Oscar Trevino Scott Turnage John Lewis Ken Sapp Tom Lombard Tim Barth David Whitson Tim Welch Staff: Larry J. Cunningham Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples Mayor Mayor Pro Tem, Council, Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Attorney • • A.1 INVOCATION Councilman Lombard gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Lombard led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) RECOGNIZE DAVID SLICK FOR BREAKING THE WORLD RECORD FOR JUGGLING (4 OBJECTS) Councilman Whitson presented a Certificate of Recognition to David Slick for breaking the Guinness World Record for the longest duration juggling 4-objects for 2 hours and 23 minutes on March 1, 2009. Councilman Whitson also recognized Mr. Slick for last week unofficially breaking another world record at the NRH Library by juggling 3 objects for just over 12 hours. Mr. Slick will be submitting this achievement to the Guinness World Record for certification. Mr. Slick performed for Council a juggling routine. A.4 SPECIAL PRESENTATION(S) AND RECOGNITIONS) KEEP NRH BEAUTIFUL YARD OF THE MONTH Ms. Holly Bullington, Keep NRH Beautiful Commission Member and Councilman Lewis recognized the following Yard of the Month recipients for July: JoAnn Dickerman, 3500 Sheridon Drive; Gene & Judy Richards, 4328 Booth Calloway Road; Norman & Diana Robinson, 6613 Carston Court; Muriel Covington, 7504 Susan Court; Sally Yarbray, 5955 Winter Park Drive; Lynda Simpson, 7212 Oldham Place; Crystal Crawford, 7012 Stephanie Court; Tommy & Pat Walling, 7812 Woodhaven Dr.; Randy Word, 7605 Bridlewood Court. Grayson Ridge Apartment Homes, 6902 Northeast Loop 820, was recognized as the Business Landscape winner. A.5 CITIZENS PRESENTATION None. 1 A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JULY 13, 2009 CITY COUNCIL MEETING B.2 PW 2009-025 AWARD BID NO. 09-032 FOR THE CONSTRUCTION OF THE HOLIDAY LANE /COLLEGE CIRCLE WATER LINE PROJECT (UT0805) TO PATCO UTILITIES, INC. IN THE AMOUNT OF $349,781.49 COUNCILMAN $APP MOVED TO APPROVE T~iE CONSENT AGENDA. MAYOR PRO TEM TURNAGE SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-Q. • PUBLIC HEARINGS No items for this category. PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. PUBLIC WORKS E.1 PW 2009-024 APPROVE BIG FOSSIL CREEK SEWER LINE PROJECT AND REVISE THE 2008-2009 CAPITAL IMPROVEMENTS PROJECT BUDGET TO INCLUDE FUNDING FOR THIS PROJECT APPROVED Mr. Jimmy Cates, Operations Manager, presented the item. In 2007 severe storms and flooding in north Texas and Tarrant County occurred. Flood waters along Big Fossil Creek through Iron Horse Golf Course, caused washouts in the streambed, exposing an 18-inch diameter sanitary sewer line in two locations. The line was temporarily ~.J stabilized at the time by the Public Works Department. The City was able to apply for aid to help mitigate further damages to the sanitary sewer line under Federal Emergency Management Agency (FEMA) disaster declaration. Since the main was not in immediate risk of leaking staff did not include the project in the 2008-2009 CIP budget and waited to verify if funding would be approved by FEMA. FEMA has approved the funding as a 75 percent (federal) and 25 percent (local) split. The City will pay for all costs associated with the project design and construction upfront and after completion, the project will be submitted for reimbursement. For public assistance projects under federal disaster declarations, a written agreement is not required by FEMA. The FEMA project worksheet describes the damages and scope of work to be performed. As part of the agreement, FEMA has specified that the City must complete construction of the project by June 29, 2009. The City has filed for a project extension and received approval for an additional six months. A budget revision is necessary to authorize funding prior to the City's next budget cycle to allow for design and construction activities to be completed within the allotted timeframe. Engineering and construction costs are estimated for $220,000, with the City's share of the project costs totaling $55,000. Staff is recommending approval of the Big Fossil Creek Sewer Line Project and revising the 2008-2009 Capital Improvements Project Budget to fund the City's share of $55,000 and the remaining upfront balance for reimbursement of $165,000 for a total of $220,000. COUNCILMAN WELCH MOVED TO APPROVE PW 2009-424. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. E.2 PW 2009-026 APPROVE PUBLIC WORKS DESIGN MANUAL - RESOLUTION NO. 2009-025 APPROVED Mr. Greg VanNieuwenhuize, Assistant Public Works Director, presented the item. The Public Works Design Manual was last revised in February 2007. The manual specifies the design and construction standards for developer funded construction projects and City funded Capital Improvement Projects. Staff is recommending the manual be updated in three areas as a result of 1) changes in federal and state regulations; 2) a need to clarify existing requirements; and 3) a desire for improved development standards. COUNCILMAN WELCH MOVED TO APPROVE PW 2.009-0.26, RESOLUTION 'NO. 2009-025. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C~ J • E.3 PW 2009-027 PARTIAL RELEASE OF LIEN ON GRAHAM PROPERTY - RESOLUTION NO. 2009-026 APPROVED Mr. Mike Curtis, Managing Director, presented the item. In 1998 the City entered into a City/Developer Agreement with Billy J. Graham. The agreement pertained to Hightower Drive street improvements and Calloway Branch Channel improvements and allowed Mr. Graham to defer payment for assessment costs until his property sold. Mr. Graham previously sold approximately 56 acres and after payment, a partial release of lien was granted for the 56 acres. Mr. Graham is now requesting a partial release of lien on 3.047 acres of land recently sold. COUNCILMAN WHITSON MOVED TO APPROVE PW 2009-027, RESOLUTION NO. 2009-026. MAYOR PRO TEM TURNAGE SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-O. GENERAL ITEMS F.1 PU 2009-027 AWARD BID NO. 09-021 FOR BUNKER SAND REMOVAL AND REPLACEMENT PROJECT AT IRON HORSE GOLF COURSE TO LANDSCAPES UNLIMITED, IN THE AMOUNT OF $72,401 APPROVED Ms. Vickie Loftice, Managing Director, presented the item. The 2008/2009 adopted CIP Budget includes funding to remove and replace bunker sand contaminated with silt, mud and vegetative debris as a result of food waters during the 2007 spring weather season. The project is approved by FEMA's Disaster Relief for Tarrant County. The construction documents allowed for a base bid consisting of the removal and replacement of drainage fabric and sand in accordance with the special requirements and specifications outlined by FEMA. An alternate bid was included to have Iron Horse to do the work if bids came in higher than anticipated. Total available funding for the project is $141,081 with FEMA reimbursing the City for 75% of the total cost of the project. The -project was bid as required and Staff is recommending accepting the base bid submitted by the low bidder, Landscapes Unlimited for a total contract of $72,401. COUNCILMAN LEWIS MOVED TO APPROVE PU 2009-027,.. AWARDING BID NO. 09-021 FOR BUNKER. SAND REMOVAL AND REPLACEMENT PROJECT AT IRON HORSE GOLF COURSE TO LANDSCAPES UNLIMITED, IN THE AMOUNT OF $72,401. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. • ~J F.2 PU 2009-028 APPROVE THE PURCHASE OF A 75' AERIAL QUINT APPARATUS TO TYLER MOTOR COMPANY IN THE AMOUNT OF $738,500 APPROVED Mr. Thomas Powell, Director of Fleet Services, presented the item. The 2008-09 Capital Improvements Budget included funding to replace a 1986 Sutphen aerial apparatus. Quotes were received as required by statute, and after review by Staff, the recommendation is to purchase the apparatus from Tyler Motor Company. COUNCILMAN WELGH MOVED TO APPROVE PU 2009-028, APPROVING THE PURCHASE OF A 75 FEET AERIAL QUINT APPARATUS TO TYLER MOTOR COMPANY IN THE AMOUNT OF $738,500. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 PU 2009-029 AWARD BID NO. 09-031 FOR THE AEGON LIFT STATION EXPANSION TO AUI CONTRACTORS, INC. IN THE AMOUNT OF $966,060.00 APPROVED Mr. Jimmy Cates, Operations Manager, presented the item. The project is included in the 2008/2009 Capital Improvements Budget and will replace the existing raw sewage lift station and enlarge the upstream lines. Staff is recommending the project be awarded to AUI Contractors, Inc., the lowest bidder. MAYOR PRO TEM TU'RNAGE MOVED TO APPROVE PU 2009-029, AWARDING BID NO. 09-031 FOR THE AEGON LIFT STATION EXPANSION TO AIJI CONTRACTORS, INC. IN THE AMOUNT OF $966,060,00. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.4 PU 2009-030 AWARD BID NO. 09-033 GOLF CART LEASE TO E-Z-GO FOR 36- MONTHS IN THE AMOUNT OF $284,674.32 APPROVED Mr. Thomas Powell, Director of Fleet Services, presented the item. The annual Golf Course Budget includes monthly lease payments for golf and utility carts. The current lease with Yamaha Golf Car Company expires in August. Bids were received by the City and after evaluation by Staff, the recommendation is to award the bid to the lowest bidder meeting all bid specifications, E-Z Go. The new lease agreement is for full • warranty on all components on the entire cart including batteries, electric motors, suspension, rear axle assemblies and battery charging system. COUNCILMAN . LOMBARD MOVED TO APPROVE PU 2009-030, AWARDING BID NO. 09-033 GOLF CART LEASE TO E-Z-GO FOR 3fi--MONTHS IN THE. AMOUNT OF $284,f 74.32. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.5 GN 2009-054 AMENDING CHAPTER 66-3 (4) RESIDENTIAL COLLECTION; CONDITIONS AND CONTAINER PLACEMENT - ORDINANCE NO. 3059 APPROVED Ms. Debbie York, Environmental Resources Coordinator, presented the item. The item is a housekeeping item. The current ordinance allows trash containers to be placed at the curb at noon prior to the day of pickup or 12 hours prior to the day of trash pick up. The intent of the ordinance was 12 hours prior to the 7:00 a.m. trash pick up or no earlier than 7:00 p.m. the day before. The amendment specifies that trash and trash containers cannot be placed at the curb prior to 7:00 p.m. the night before the scheduled pickup. COUNCILMAN EARTH MOVED TO APPROVE ORDINANCE NO. 3059, GN 2009-054. ~OUNGILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.6 GN 2009-053 APPOINTMENT TO ZONING BOARD OF ADJUSTMENT -PLACE 2A APPROVED Ms. Patricia Hutson, City Secretary, presented the item. Place 2A on the Zoning Board of Adjustment is currently vacant. Councilman Sapp is recommending the appointment of Brian Crowson to the position. Mr. Crowson has been serving on the Substandard Building Board and would like to move to the Zoning Board of Adjustment. ~iOUNCILMAN SAPP MOVED TO APPROVE. GN 2009-053, APPOINTING BRIAN CROWSON TO PLACE 2A ON THE ZONING BOARD OF ADJUSTMENT, TERM EXPIRING JUNE 30, 2010. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. ~~ EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tem Turnage made the following announcements. The North Richland Hills Recreation Center invites residents to attend its annual Rec Expo & Open House from 9 a.m. to 1 p.m. on Saturday, August 1st. Visitors will learn about the many programs and services offered at the Recreation Center. There will also be demonstrations, door prizes and discounts on Fall programs. For more information, please call 817-427-6600. North Richland Hills is offering Think Green education classes at the Recreation Center. The next class will focus on Green Housekeeping. It will be held from 10 a.m. to Noon on Saturday, August 8th. The cost is only $10. To register or get more details, please call 817-427-6600. The City of North Richland Hills conducts a test of the 10 outdoor emergency warning sirens on the 1st Wednesday of each month. The next test is scheduled for 1 p.m. on August 5th. The test will not be performed if threatening weather is near or there is low cloud cover. For more information, please call 817-427-7007. Kudos Korner -Gaylon Cremeen, Public Works Department. A resident called to thank Gaylon and his crew for responding quickly to her request for sandbags. They promptly brought the sandbags out and placed them where she needed them, which was a big relief to her. She is also thankful for the CodeRED system that lets her know about approaching storms and other emergencies. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:50 p.m. Oscar Trevino -Mayor • ATTEST: Patricia Hutson, City Secretary ~_J 1 • • CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8-10-2009 Agenda No. C.0 Subject: PUBLIC HEARINGS • • CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 8-10-2009 Presented by: John Pitstick Agenda No. C.1 Subject: RP 2009-03 Public Hearing and Consideration of a request from Scott Watrous to replat Lots 17 and 18, Block 1, W.E. Odell Addition into Lot 17R, Block 1, W.E. Odell Addition located at 8029 and 8105 Odell Street Case Summary: The applicant, Scott Watrous, is requesting a replat of two smaller contiguous lots in order to create one larger lot. Both lots are owned by Mr. Watrous. The lots at 8029 and 8105 Odell Street are currently vacant and Mr. Watrous' intention once the property is replated is to construct his single-family residential dwelling on the proposed single lot. This plat requires a public hearing due to it having residential zoning. Current Zoning: R-3 Single Family Thoroughfare Plan: The lot has access and frontage to Odell Street, a 50 feet wide R2U Residential Street. Comprehensive Plan: The Comprehensive Plan illustrates low density residential uses for the proposed combined lot. Staff Review/Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that no additional paving, water, sanitary sewer, or drainage facilities are needed to provide service to this lot. Planning & Zoning Commission Recommendation: Approval by a 4-0 vote. Staff Recommendation: To uphold the Planning & Zoning Commission and Approve the replat request RP 2009-03. Review Schedule: Application: 6/22/09 Final Hearing: 8/10/09 Staff Review:. 2 weeks Applicant Revision Time: 1 week Scheduling Time: 4 weeks Total Review Time: 7 weeks ~J LOCATION MAP • • AERIAL • • PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL U Case #: RP 2009-03 Applicant: Scott Watrous Location: 8029 & 8105 Odell Street (0.664 acres) You are receiving this notice because you are a property owner of record in the within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a Request from Scott Watrous to replat Lots 17 and 18, Block 1, W.E. Odell Addition into Lot 17R, Block 1, W.E. Odell Addition. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JULY 16, 2009 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, AUGUST 10, 2009 Both Meetings Time: 7:00 P.M. Both Meetings Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS 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 • LIST OF NOTIFIED PROPERTY OWNERS Melissa K Cunha Roland Etux Irasema Hernandez Tommy Ray Dorsey 8012 Cross Dr 8016 Cross Dr 8020 Cross Dr Richland Hills Tx 76180-3534 Fort Worth Tx 761.80-3534 Fort Worth Tx 76180-3534 Jerry L Etux Bette C Jarvis Harriett Guyer Hosley Sylva E Etux Carolyn Leclerc 8100 Cross Dr 8104 Cross Dr 8108 Cross Dr Fart Worth Tx 76180-3536 Fort Worth Tx 76180-3536 Fort Worth Tx 76180-3538 Kip Etux Cynthia Smith Jeffrey N Kaitcer John Edward Clark 8112 Cross Dr 5005 Ranch View Rd 8013 Odell St Fort Worth Tx 76180-3536 Fort Worth Tx 76109-3120 NRH Tx 76180-3543 Wells Fargo Bank Tx, Tr Matthew C Etux Charis Miller Fadi M EI Chami Nancy Feagley Sec 897 Mgt Tr 8021 Odell St 8025 Odell St 201 Main St Ste 400 Fort Worth Tx 76180-3543 NRH Tx 76180-3543 Fort Worth Tx 76102-3116 Scott D & Michelle Watrous Sandra M Etvir Scott Watrous Eugene Jr Etux S Barnett 7809 Odell St 7809 Odell St 8109 Odell St NRH Tx 76180-3961 NRH Tx 76180-3961 NRH Tx 76180-3545 Nikolay Etux Olga Borodachev Hope A West Ronald L Jr Etux R F Linch 8113 Odell St 8117 Odell St 8119 Odell St NRH Tx 76180-3545 NRH Tx 761$0-3545 NRH Tx 76180-3545 Cory Etux Jennifer Jaetzold Jerry Etux Linda Henry David Etux Barbara McKendry 8012 Odeli St 8016 Odell St 8020 Odell St NRH Tx 76180-3542 NRH Tx 76180-3542 NRH Tx 76180-3542 Harry P Jr Etux Jackie H Bean Gary P Kammer Marian D Krajenta 7612 Perkins Dr 9844 Tanglebrush Dr 8028 Odell St NRH Tx 7f 180-24oa McKinney Tx 75070-2866 NRH Tx 76180-3542 Fred & Pamela S Klich Steve Etux Melinda Brothers Javier Etux Rosa Aguilar 32 Morrow Dr 8104 Qdell St 5352 Bison Ct Bedford Tx 76021-561$ NRH Tx 76180-3544 Fort Worth Tx 76137-6705 Kelcy N Etux~Erin C Perkins Robert L Kidd Est 40051 Champion Tif 281 Creekwood Dr Gonzales La 70737-8500 Lancaster Tx 75146-3403 REPLAT EXHIBIT C' • EXCERPT FROM THE MINUTES OF THE JULY 16, 2009 PLANNING AND ZONING COMMISSION MEETING RP 2009-03 Public Hearing and Consideration of a request from Scott Watrous to replat Lots 17 and 18, Block 1, W.E. Odell Addition into Lot 17R, Block 1, W.E. Odell Addition located at 8029 and 8105 Odell Street. Roger Hart, 135 Sheffield Drive, Fort Worth, TX, with Area Surveying came forward representing Mr. and Mrs. Watrous. They own both lots and wish to combine into one to build a home on. Eric Wilhite stated this residential replat is located on Odell Street and has two lots that have never been built on. Several other lots in the area have homes that have been recently built. The lots are zoned R-3 but the lot they are creating will far exceed the minimum lot requirements in width and depth in order for them to build a single family detached dwelling on it. It is consistent with the Comprehensive Land Use Plan and with what has already been built, therefore Staff recommends approval. Chairman Shiflet opened the Public Hearing and asked if there was anyone wishing to speak for or against. There being none, he closed the Public Hearing and entertained a motion. APPROVED Bill Schopper motioned to approve RP 2009-03, seconded by Mike Benton. The motion was carried unanimously (4-0). • • u CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8-10-2009 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. • C~ J • Department: City Secretary Presented by: Subject: PUBLIC WORKS CITY OF NORTH R/CHLAND HILLS Council Meeting Date: 8-10-2009 Agenda No. E.0 CITY OF • NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 8-10-2009 Presented by: Jimmy Cates Agenda No. E.1 Subject: PW 2009-028 Approval of the 2009 Preventive Street Maintenance Program On July 28, 2009 staff presented the 2009 Preventive Street Maintenance Program to the Capital Improvement Project (CIP) Committee. The committee recommended approval of the program and requested staff to present to the City Council for approval. The recommended program consists of an asphalt overlay on 12 streets, a slurry seal on 21 streets, and crack sealing 18 streets. Attached you will find a listing of the streets being proposed for this year's program. Because of the success of targeting and concentrating the program in specific neighborhoods as was the case last year, this year's program for selecting streets is similar. This year's program will focus on two neighborhoods. One of the neighborhoods is in the southern portion of the city which was also emphasized last year. Staff is recommending this neighborhood again since we are getting very close to completing the majority of the poorly conditioned streets in this area. The southern portion of the City also has a larger concentration of older streets that are poorly rated and are in need of an asphalt overlay or slurry seal. A total of six streets will be overlaid and thirteen (13) streets will be slurry sealed in this neighborhood. A neighborhood in the northern portion of the City is the second area being recommended for this year's program. This neighborhood is north of Hightower Drive and bound by Douglas Lane to the east, Rufe Snow Drive to the west and Bursey Road to the north. Two streets will be overlaid and three streets will be slurry sealed in this area. In addition to these two areas there are two streets being recommended for an overlay in the neighborhood off of Martin Road and Crane Road. The remaining seven streets are not part of a specific neighborhood program. The remaining streets were selected by staff based upon their poor condition and previous concerns from residents and motorists who live on the streets. Two of the streets will receive an asphalt overlay and five will be slurry sealed. Attached are tables identifying the specific streets being recommended fora 2 inch Overlay, a Slurry Seal, and Crack Sealing. There are also two maps indicating the location of the streets being recommended for an Overlay and Slurry Seal. Recommendation: To Approve the 2009 Preventive Street Maintenance Program • CITY OF NORTH RICHLAND HILLS PUBLIC WORKS DEPARTMENT 2 INCH HMAC OVERLAY BY STAFF YEAR 2009 2009 2-inch HMAC Overlay by City Staff . CITY OF NORTH RICHLAND HILLS PUBLIC WORKS DEPARTMENT 2008 SLURRY SEAL STREET IISTiNG NEIG~BGRHt~t~a ~NiTIATtVE PROGRAM LENGTH! TOTAL SLURRY TOTAL ACCUMULATIVE Np 8TREET WIDTH SQUARE SEAL ESTIMATED COST T4TAl. YARDS s2.381SY Cd9T 1 RIDDLE DRlYE, 6600-6552 875 x 27 2,883 $6,862 $6,862 56,862 Simmons Road -Mein Street 2 ROCKDALE DRNE, 8500 580 x 27 1.77G 54,213 54,213 ~~ 1,075 Stonybrooke Drive - Meadovvbrook Drive 3 ROCKDALE COURT, 8600 135 x 27 I 871 ~ $2,Oa 3 -~ 52,07.. S" 3,148 Mea~iowbrook brine - Cul-de-Sac 4 - POST OAK DRlYE, fi900-TOflO 895 x 27 2 fi35 56.390 56,390 c ~ w 9, 538 Hewitt Street - Briarwood Drive 5 MEGAN LANE, 6700-6804 1,470 x 27 4+600 $10,948 $10,948 $30,486 : hapman Road - Hsd~ey Drive 6* WESTERN OAKS DRIVE, 7800 1 310 x 27 3,930 $9,353 59,353 $39.839 HiCkOt'~I Hallow Lane - Bursey Road j ~, NORTH PARK DRIVE, 6704-6800 980 x 37 7,058 516.798 S1E,796 $56,637 Rafe snow Drive - Mea~iowvaew Terrace 1.010 x 27 $~ INW©00 DRIVE, 6800 900 x 2' 2,740 $6.42fi 86.426 S63.GS3 Crosstirnbers Lane - Meadowview Terrax - ~. DIAMOND LOCH E~-ST, 391 Z 1 D+0 X 77 7E4 $ ~ , 856 51 866 $64,929 3912 Diamond loch cast - D ~-de-Sac - t0' DIAMOND LOCH EAST, 4012 100 ~ 77 7Fr4 51.$56 $1 856 566,795 4012 Diamond ~act~ East - C~•de-Sac ~ ,~ , DIAMOND LOCH WEST, 4028 18 x 93 733 $1,745 S1 745 Sfi8,S40 4029 Diamond ~oc~ uVest - ~,ul-de-Sac _ 12~ CARMA DRIVE, 41E}O gr}0 x 2? 2,440 $5,712 $5,712 574,252 °ve - Glerwiew dri~re Manor Dn ' ~~~ MIKE DRIVE, 6700-8800 - 1,2~J0 x 27 3,600 ~$.~~$ 58,568 sa~,82o Rule Snow Drive -Steven Street ,14~ HQUDAY LANE EAST, 460{1-47003 i,pgp x 33 3.960 59,425 59,425 S92,245 Rivi~'a Drive - Btanelr Avenue 1g, YVINNELL WAY, 7300-730Q 1,400 x 27 4,200 $9,996 59,995 5102,241 Holiday Lane -Dead Erd { ,~~~ TURNER TERRACE, 7200.7304 1 „000 x 27 4,800 $10948 510,948 $113.189 - East of Blaney Avenue- Bo-rlevard 2~ 400x36 17" KAREN ORIYE, 7200 545 x 27 1,635 891 $3, 53.891 5117,080 , Holiday Lane - Northeast Loop 820 _ 18* MARILYN LANE, T2fl0-730a 307 x 27 2,721 55,476 56.476 $123.556 Hoiday Lane -Northeast Loop 820 19, HEAL STREET, 4804 515 x 27 1,545 $3,677 53,877 8' 27,233 Manlyr lane - Shauna give 20, MARILYN LANE, 7100 7^.5 ,r 2? 2,205 55,248 55,248 g' 32,481 Reyriokis Road - Blarey Avenue 21' MACKEY DRIVE, 4513.4T~0 976 x 27 2,926 $8,969 56,969 $139.450 Riviera Drive -Dead Erd TOTAL 8.27 58,592 6'138,450 6139,450 1139,430 - Line Miles ""l~eighbarhvod initiative Street • 2009 Slurry Seal NO STREET ~ ~ -- __ t___~ 1 RIDOLE ORIYE 6300.6Cf•SZ ~ .h ~ ~, f. ~ ~.,~ ._;'a ~ ~`' B RSEY RD ; ~:, ~ 2 ROCKDALE ORIYE, 8100 ~ ~ - ~ ~_ :~~ _.~ ~ ' ,~~ ,~,~ ~: ~ ~` ~~ 3 ROCKDAi.E COURT, 8600 ^ -=-$ 4 POST OAK DRNE 69007000 _~ a _ ~ I ~ "~` ., ~ ~ ~ _~ ~ ., S MEGAN LANE, 6700.8800 ~°`. ~ ~~.~ ~ ~~ ~~ ~. `. ° .~- ~ ~ ~ ~ ~ ~ ~~~ .. _. ~ WESTERN OAKS DRIVE, 7800 ter, 7" NORTH PARK DRIVE 6700-6800 g "~" ' ~ $ ~ ~,::, I _ ~tua+s•a.~~„ 8" INWOOD DRIVE 6800 . ~ ~ ~9 _ _~ ~ ; ~.. _ ~ {_~ ~"" _,. :~ 9' DIAMOND LOCH EAST, 3412 ~° ~ ~ ~ ~,-~-~ ~ ~ s ~~ ,mow. r h ~_ ~~ ` ~;' 10'' DIAMOND LOCH EAST, 4012 °-~~- ': ~ ..,: ° ~__ ."."~ ~.-~ k_ _. " ,-. ~,. _~ 11* DIAMOND LOCH WEST. 4049 y_...,~_;~ ~ _,. ~. ~ ,~ ~, ~ _ ~ 12Y CARNADRIVE. 410D ~. .,,.~.I~tGUTOMfCR~R, _ ~',t ` W,, ~.._ - ~.~...~..,... LL ~- 13` MIKE DRIVER 6700-6800 ~ `_ ~` :~.~,..~ ~ ~.~,. n r , _ . ~~~ ~`° _ , A~ _ d._. ~~ .. °, 14° H OLJ DAY LANE EAST, 4800-1700 ~ _ % --~ ° _ ~ ~ 15` WINNELL WAY, 7200-7300 ~ ~ ~ ~ . ~ ~ .~ h.~_ ,~ __ , 16' TURNER TERRACE, T200-7300 0~ r . :w~ia~ en ~ ~ ~ ~,° ~ . '~ .. ~ ` ' ~:~.,_w. ~ ~,,, r#dA14 iT°"" i 1T• KAREN DRIVE, 7200 ~~ ~- ~" € ~` 18" MARILYN LANE, 7200-7300 ~~ ' ~ _ ~.__ ~, a .:~ ,.. " -~ ~_ .. ~. _ E , . ~ ,_ 19' NEAL STREET, 4800 w• _ `, ~ '- 20* MARILYN LANE, 7100 ¢ ~ - " ~ _ 21' MACKEY DRIVE, 4513-4700 ~ ._.,_..~ a....;_...__..~_._.._ m y t~Jeighbar~oo~~ lniti~fi~.re street ~ ~~ ~ '¢~ ~ ~~,~ ~.~. .., . ., 3 ,_., ". ~y ~~~'~ ~ ~~ ~ ~, 1 t~ . ' _ °, ~ s __: ~p ; ~ __-~..~.,_.~ 1 NAR'VNOOb Rd . -'1 ~ -.. S ~ _~_. ~ a --~,..- ' .~ I-8~0 (NC LOOP R?A~-. __ ~ , ~ I ~---~. ~ ~.~ ~ ~ ~~' <, v ~~a ".... ~ ~ r ~1~5 ._ : t ~-~~ ~ _ ; ,., r.. . <~ ', w ~ - , j~ ~ ~. 1NR~11~}~~y I~~ ~.-,7x- ~ ~~~~. ~ ~. Y ~~ e '. ~arf ~ ~ ! m _... ; ..~~ p :. ~.~.:.~~a ~' ' u~.° ~~. ~r` ova ~. ~ ~ [`~- ~ _ ..... ~~ O t - _ 1w' 4~ rr L 20U9 Slurry Seal :t ~ ''" J: ` 9n.;if~ ~5L1 t95 7+1.i h,1E~ \~ "`~ {l: `°ii: •lyi~IEd •Ji !''PfCY P "'r1E1 on>~4~,~i??i - VI`s • City of North Richland Hills Public Works Department Crack Seal Listing Year 2009 CITY OF • NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8-10-2009 Presented by: Gregory Van Nieuwenhuize Agenda No. E.2 Subject: PW 2009-029 Approve a Contract of Sale in the amount of $26,600 for Right- of-Way Acquisition at 8241 Pecan Ridge Drive for the North Tarrant Parkway Street Reconstruction Project. The North Tarrant Parkway Street Reconstruction Project, a joint project with the City of Keller, is identified in the 2008-2009 Capital Projects Budget as ST0201. The construction plans for the roadway improvements are nearing completion, with construction anticipated to begin in early 2010. Staff is currently working with property owners in order to acquire the necessary right-of-way (ROW) parcels. While the vast majority of the North Tarrant Parkway corridor ROW was in place prior to the project's start, additional ROW is necessary from the rear yard of one residential property and "corner clips" at the Smithfield Road intersection. Staff previously had these ROW parcels appraised by Goodrich & Schechter, a state licensed land appraisal firm. This ROW parcel is comprised of 10,647 square feet in the rear yard of a residential lot on Pecan Ridge Trail. This lot is part of the Cherokee Estates addition, which has been essentially absorbed into the Forest Glenn subdivision. There are no structures within the area to be acquired. The appraisal report identifies the corresponding value for the property to be acquired: • Land Value - $26,600 ($2.50 per square foot) The City offered the property owner the appraised value of $26,600 to acquire this ROW parcel. The owner accepted the offer and staff drafted a Contract of Sale for the acquisition of ROW at 8241 Pecan Ridge Drive (Exhibit A). There is sufficient funding for this ROW acquisition in the approved 2008-2009 Capital Projects Budget. Recommendation: Approve the Contract of Sale in the amount of $26,600.00 for Right-of-Way Acquisition at 8241 Pecan Ridge Drive and authorize the City Manager to execute such agreement. • CITY OF NCIFCTH RICFiLAND Nt~.LS> TEXAS Right-of-Way Deed • ~~~ '~ ~~ ~~~~ ~ ~~ ,.. 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Currently, all property being acquired must go through a comprehensive process which includes obtaining appraisals from licensed appraisers. The licensed appraiser is typically hired via the City's procurement of professional services process. While this process is time consuming and not always cost effective, it is appropriate for the acquisition of larger, typically more expensive, parcels of land. However, for the smaller, typically lower priced parcels, this process is neither timely nor cost effective. Because current City regulations do not differentiate the acquisition process to be used whether the land is high-priced or low-priced, the comprehensive time consuming process is used in all situations. Since in many of the street improvement projects the amount of right-of-way needed is appraised at less than the cost of the appraisal report itself, staff is proposing a mechanism whereby the City Manager would be authorized to expend up to $25,000 without Council approval for each property connected with a project approved in the Capital Projects Budget. Because appraisals cost around $2,000 each, staff is also proposing to allow purchases under $5,000 without an appraisal. Additionally, for those properties that exceed $5,000, staff is proposing to obtain an appraisal and to allow individual expenditures over the $5,000 amount up to $25,000 - as long as the negotiated price does not exceed 20% of the appraisal. Since the cost of eminent domain proceedings is several thousand dollars even without a hearing, the 20% leeway allows savings over the cost of a condemnation action. Staff believes these changes will not only save the city money but will still preserve the comprehensive process for the larger land purchases. Recommendation: Approve Resolution No. 2009-027 • ~ NiLH RESOLUTION NO. 2009-027 A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR ACQUISITION OF REAL PROPERTY INTERESTS REQUIRED FOR APPROVED PUBLIC PROJECTS. WHEREAS, the City Council of the City of North Richland Hills desires to provide for the expenditure of money for the purchase of interests in land required for public projects approved by the council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the City Manager is hereby authorized to purchase interests in real property required for public projects approved by the city council, and to delegate to department heads the authority to expend such funds. As long as the total expenditures for such property interests is within the council approved budget for such project, individual purchases of up to $5,000 may be made with or without an appraisal, and purchases of from $5001 to $25,000 may be made if such expenditure will not exceed the amount of an appraisal by more than 20%. • AND IT IS SO RESOLVED. PASSED AND APPROVED this the 10th day of August, 2009. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director • Department: City Secretary Presented by: Subject: GENERAL ITEMS CITY OF NORTH R/CHLAND HILLS Council Meeting Date: 8-10-2009 Agenda No. F.0 • • CITY OF NORTH R/CHLAND HILLS Department: Neighborhood Services Presented by: Stephanie East Council Meeting Date: 8-10-2009 Agenda No. F.1 Subject: GN 2009-055 Inter-Local Agreement Between City of North Richland Hills and Tarrant County for Food Service Inspections at Taste of North East Tarrant Special Event The Taste of North East Tarrant is a special event where multiple local restaurants set up booths to offer samples of their menu items to citizens for one admission price. This event is held annually in Tarrant County, and in 2008 the event moved from Hurst to the NYTEX Sports Centre in North Richland Hills. Last year, the Taste of North East Tarrant coordinators requested that the event be inspected and permitted by Tarrant County Public Health (TCPH) due to a significantly different permit fee per booth. Tarrant County offers Temporary Food Service Event Permits for $35 as opposed to the $69 fee set in the North Richland Hills Code of Ordinances. Coordinators explained that many restaurants were hesitant to participate due to the larger permit fee. In addition, this event may relocate each year and having the County perform the inspections would ensure continuity among the locations. In 2008, there were 30 booths at this event, and a total of 22 permits were issued by TCPH. This inter-local agreement between North Richland Hills and Tarrant County was requested by TCPH in order to inspect and permit the food booths at Taste of North East Tarrant on August 20, 2009. This agreement will encourage local restaurant participation due to the lower permit fee offered by Tarrant County. 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Glen Whitley v City Manager County Judge Date: ~.. ~-' L~ ~ Date: ---------------------------------------------- ---------------------------------------------------------- ATTEST: .°~~``o~••`a\\"~„"))uu,uin ..... ° Fit ~ H• ~q N n~'°~a --- ATTEST: ~ . ~, . .., p ~'~/~ o ~ ~ o f _,,/~ y° ~ h - o:. , - y City ~~~r'Y "~'E~ °~ .... , ` Date: ~`-- '"" ~- Ww~~ Date: ---------------------------------------------------------- APPR09 O FO ------------------------------------------------- APPROVED AS TO FORM*: B : By~ y County Legal Advisor City Attorney tt (~, Date: ~~' ~~-~1`~ ---`--~ Date: ~Hy law, the Uia[rict Attorney': Once may only adt~se or approve contacts or Icgal documrnts on behelf oY iu clients. It may not advice or approve o contract ur legal document on Ixhalf of other parties. Our review of this document was conductcxl soley from the legal pctxlxctivc of our client. Uur apprtrval of this clocumarl was offa•ed solely fur the benefit of our client. Other parties should not rely on [hie a~prov~al, and should seek review and app~»vxl by their own rcapcctive attomcyle). ~[ ~ [-{ Council Action ~1- N Date Approved ~ ~~ _ Algenda No. Ortt1 Res-No• M:\NRH taste contractS.doc u • CITY OF NORTH R/CHLAND HILLS Department: Budget Presented by: Mark Mills Council Meeting Date: 8-10-2009 Agenda No. F.2 Subject: GN 2009-056 Setting Date for Public Hearings for 2009-2010 City Budget, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District Budgets It is necessary for City Council to set public hearings on the proposed annual 2009- 2010 City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District budgets. In compliance with State law, the proposed annual budget has been made available on the City website at www.nrhtx.com. The proposed budget is also available at the City Secretary's Office and at the NRH Library. A published notice will be required for each public hearing per the City Charter and State law. Each hearing is set for August 24, 2009 beginning at 6:15 p.m. for the Park and Recreation Facilities Development Corporation and 6:30 p.m. for the Crime Control and Prevention District. The hearing for the proposed annual City Budget will be conducted as part of the regular Council meeting, beginning at 7:00 p.m. on August 24, 2009. A copy of the notices accompanies this coversheet. Recommendation: Set the date for the public hearings on the Parks and Recreation Facilities Development Corporation at 6:15 p.m., the Crime Control and Prevention District at 6:30 p.m., and the annual City Budget at 7:00 p.m. on August 24, 2009. • • NOTICE OF PUBLIC HEARING ON PROJECTS TO BE UNDERTAKEN BY NORTH RICHLAND HILLS PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Park and Recreation Facilities Development Corporation during a meeting to be held at 6:15 p.m. on August 24, 2009 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas, 'on the Corporation funding and undertaking of projects (including, but not limited to, future land acquisition, public right of way and infrastructure improvements, the construction of baseball and softball fields, construction or renovation of neighborhood and community parks, construction or renovation of dog/animal parks, playground equipment, public art, tree planting and other landscape improvements, senior citizen centers, building of hike and bike trails, park security improvements, update of the park system master plan, the operations of the tennis center, the expenditure of funds to pay operating costs of City owned projects undertaken by the Corporation, and economic and business development). A more detailed description of the projects to be undertaken by the Corporation covered by this notice is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. • • NOTICE OF PUBLIC HEARING ON 2009-2010 PROPOSED ANNUAL BUDGET NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Crime Control and Prevention District on the 2009- 2010 proposed annual budget during the meeting to be held at 6:30 p.m. on August 24, 2009 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also available for review at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. • • u • NOTICE OF PUBLIC HEARING 2009-2010 PROPOSED ANNUAL BUDGET NOTICE IS HEREBY GIVEN to all interested citizens in the City of North Richland Hills, that the City Council will hold a public hearing on the 2009-2010 proposed annual budget on Monday, August 24, 2009 during the regular 7:00 p.m. City Council meeting at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. The proposed budget is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. • CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 8-10-2009 Presented by: Mark Mills Agenda No. F.3 Subject: GN 2009-057 Setting Date for the Adoption of the Proposed Tax Rate and Vote on Placing the Tax Rate Adoption on the Agenda of the September 14, 2009 Council Meeting In follow up to the 2000-2010 Budget Work Session, it is necessary to begin the process to establish a tax rate for the next fiscal year, in accordance with the City Charter and State law. At the Budget Work Session, staff proposed a tax rate of 57¢ per $100 of taxable valuation, which is the same tax rate as the current year. If approved, this will be the 17th consecutive year the tax rate has been 57¢. Per Section 26.05(d) of the Tax Code, Council can not adopt a tax rate that exceeds the lower of the rollback tax rate or the effective tax rate until two public hearings have been held on that tax rate. The City of North Richland Hills' proposed tax rate of 57¢ is below the effective tax rate of 58.8866¢ and the rollback rate of 57.5776¢. In addition, the City of North Richland Hills will raise less total property taxes than last year's budget. As a result, the City of North Richland Hills is not required to conduct two public hearings prior to the adoption of the tax rate. In years past, it has been necessary for Council to vote to set the date for the public hearings and to place the vote on the adoption of the tax rate on a future Council Agenda as an action item. While no dates will need to be set for tax rate public hearings, as ,the City is not required to hold them this year, staff still requests that Council vote to place the adoption of the tax rate on the September 14, 2009 City Council Agenda as an action item. Recommendation: That a vote be taken to place the adoption of the tax rate of 57¢ on the September 14, 2009 Council Agenda. 1 • • CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8-10-2009 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS No items for this category. • • CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8-10-2009 Agenda No. H.0 Subject: INFORMATION AND REPORTS • • • CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Councilman John Lewis Council Meeting Date: 8-10-2009 Agenda No. H.1 Subject: Announcements -Councilman Lewis Announcements The City of North Richland Hills will display its Artists at Work employee art exhibit August 14th through August 21st in the Community Room at the North Richland Hills Public Library. For more details, please call 817-427-6620. The Companies in Action Volleyball Tournament will be held on Saturday, August 15t" at the NRH Recreation Center. Local businesses interested in competing in this event should call 817-427-6600 for more details. The NRH Police Department is accepting applications for the next session of the Citizens Police Academy (CPA). The CPA begins August 27t" and meets each Thursday for 12 consecutive weeks. For an application or more information, call 817- 427-7040 or log on to www.nrhtx.com. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Teddi Zonker, Alex Do and Kaila Hillig, Parks and Recreation Department - An email was received from a new resident expressing how much his family enjoyed the recent My Part of Town movie night. He appreciates the City being so forward thinking and community oriented and is glad his family moved to North Richland Hills. ~J • U CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council ME Presented by: Subject: Adjournment •