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HomeMy WebLinkAboutCC 2011-09-26 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, September 26, 2011 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Review Options for the Spring Oaks Screening Wall Capital Project (15 Minutes) A.2 Update on Public Safety Consolidation Project (15 Minutes) 13.0 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) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1) C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on September 23, 2011 at �Q :50 a.m. A in si n ity Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 -427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda — September 26, 2011 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, September 26, 2011 7:00 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Lombard A.2 Pledge - Councilman Lombard A.3 Special Presentation(s) and Recognition(s) - Proclamation for Community Planning Month presented by Councilman Rodriguez A.4 Special Presentation(s) and Recognition(s) - Presentation of "I Dig My Garden" Photo Contest A.5 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.6 Removal of Item(s) from the 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 City Council Agenda —September 26, 2011 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 August 5, 2011 City Council Work Session B.2 Approval of Minutes of September 12, 2011 City Council Meeting B.3 GN 2011 -080 Authorize the City Manager to execute a contract with MuniServices, LLC for Sales Tax Compliance Review Services B.4 PW 2011 -016 Approve establishing a Municipal Setting Designation for a 16.081 Acre Tract of Land Known as Lot 1 R and Lot 2R -1, Block 1 of Five Star Ford Addition within the City of North Richland Hills, Texas - Ordinance No. 3164 B.5 PW 2011 -015 Approve a Resolution in Support of the Application to the Texas Commission on Environmental Quality for a Municipal Setting Designation on a 16.081 acre site known as Lot 1 R and Lot 2R -1, Block 1 of Five Star Ford Addition — Resolution No. 2011 -031 B.6 PW 2011 -017 Approve the Closing and Abandonment of a Portion of Lewis Road Located within the Smithfield Corners Addition in The City of North Richland Hills, Tarrant County Texas - Ordinance No. 3152 B.7 GN 2011 -082 Authorize Contract with Redflex Traffic Sysems, Inc. to Administer Scofflaw Program C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2011 -081 Appointments to Planning & Zoning Commission & Capital Improvement Advisory Committee - Place 5 & Ex Officio F.2 GN 2011 -074 Approval of Amendments to the Youth Advisory Committee Bylaws - Ordinance No. 3162 F.3 GN 2011 -075 Approval of New Committee Members to the Youth Advisory Committee City Council Agenda —September 26, 2011 Page 3 of 4 F.4 GN 2011 -083 Amend Article I of Chapter 62 of the North Richland Hills Code of Ordinances and the Rules and Regulations Applicable to Parks - Ordinance No. 3166 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Mayor Pro Tem Barth H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on September 23, 2011 at E&CN a.m. r is nt 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. City Council Agenda — September 26, 2011 Page 4 of 4 CITY OF NORTH RICHLAND HELLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, September 26, 2011 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Review Options for the Spring Oaks Screening Wall Capital Project (15 Minutes) A.2 Update on Public Safety Consolidation Project (15 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011- 000462 -1) C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on September 23, 2011. 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 817427 -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. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, September 26, 2011 7:00 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a. m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------- - - - - -- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Lombard A.2 Pledge - Councilman Lombard A.3 Special Presentation(s) and Recognition(s) - Proclamation for Community Planning Month presented by Councilman Rodriguez A.4 Special Presentation(s) and Recognition(s) - Presentation of "I Dig My Garden" Photo Contest A.5 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.6 Removal of Item(s) from the 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 August 5, 2011 City Council Work Session B.2 Approval of Minutes of September 12, 2011 City Council Meeting B.3 GN 2011 -080 Authorize the City 'Manager to execute a contract with MuniServices, LLC for Sales Tax Compliance Review Services B.4 PW 2011 -016 Approve establishing a 'Municipal Setting Designation for a 16.081 Acre Tract of Land Known as Lot 1 R and Lot 2R -1, Block 1 of Five Star Ford Addition within the City of North Richland Hills, Texas - Ordinance No. 3164 B.5 PW 2011 -015 Approve a Resolution in Support of the Application to the Texas Commission on Environmental Quality for a Municipal Setting Designation on a 16.081 acre site known as Lot 1 R and Lot 2R -1, Block 1 of Five Star Ford Addition — Resolution No. 2011 -031 B.6 PW 2011 -017 Approve the Closing and Abandonment of a Portion of 'Lewis Road Located within the Smithfield Corners Addition in The City of North Richland Hills, Tarrant County Texas - Ordinance No. 3152 B.7 GN 2011 -082 Authorize Contract with Redflex Traffic Sysems, Inc. to Administer Scofflaw Program C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2011 -081 Appointments to Planning & Zoning Commission & Capital Improvement Advisory Committee - Place 5 & Ex Officio F.2 GN 2011 -074 Approval of Amendments to the Youth Advisory Committee Bylaws - Ordinance No. 3162 F.3 GN 2011 -075 Approval of New Committee Members to the Youth Advisory Committee F.4 GN 2011 -083 Amend Article I of Chapter 62 of the North Richland Hills Code of Ordinances and the Rules and Regulations Applicable to Parks - Ordinance No. 3166 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.1 Announcements - Mayor Pro Tern Barth H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on September 23, 2011. 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 iDisciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City of North Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, September 26, 2011 6:00 P.M. A.0 Discuss Items from Regular Citv Council Meeting A.1 Review Options for the Sprina Oaks Screening Wall Capital Proiect (15 Minutes) A.2 Update on Public Safetv Consolidation Proiect (15 Minutes) B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attornev reaardina Pendina Litiaation - 1) State of Texas v. Citv of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. Citv of North Richland Hills (No. 2011- 000462 -1) C.0 Adiournment MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. A.D Discuss Items from Regular City Council Meeting NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. A.1 Review Options for the Spring Oaks Screening Wall Capital Project (15 Minutes) Presenter: Caroline Waggoner, Civil Engineer Summarv: The purpose of this item is to discuss the possible solution for the Spring Oaks Screening Wall CIP project. General Description: The City of North Richland Hills has been made aware of resident concerns regarding the existing masonry wall between the Spring Oaks Addition and Hometown. It appears that several locations on this wall are deteriorating, and that safety may be a concern. Unfortunately, when the developer built this wall in the 1990's, sections of the wall along the east border of Spring Oaks were inadvertently placed within the public right -of -way (ROW) of what was then Amundson Drive, as opposed to being placed on private property. In addition, due to the presence of several underground franchise utility lines, the structural footing for the wall was integrated into the adjacent sidewalk„ which is located within the public ROW. While the total length of the Springs Oaks Screening wall extends along both the south and east perimeter lines, it is only the eastern wall which lies within the public ROW of a Hometown alley (formerly Amundson Drive), from north of Roaring Springs Drive to the wall corner near the intersection of Bridge Street and Winter Park Drive. The location of the Spring Oaks subdivision and the masonry wall in question is shown on the attached Location Map (Exhibit "A "). After inspecting each of the existing wall panels, it is clear that very few of the panels are in truly good condition. The vast majority have at least hairline cracking of the mortar. From there, deterioration continues to include exposure of the reinforcing wire through the loss of mortar, cracked or missing bricks, "bowing" of panels, and leaning of panels between columns. It is fair to say that the wall as a whole is failing. Pictures of several of the panels are included for reference. Earlier this year Staff hired a licensed surveyor to gather field data and determine the exact location of the wall and sidewalk relative to the property line. Based on their findings, the wall itself is located on private property for nine out of the eleven Spring Oaks properties as shown on the attached exhibit (Exhibit "B "). However, while the wall is largely located on private property, the adjacent sidewalk f spread footing is at least partially located within the public ROW for the entire length of the wall. At this time Staff is considering several options for addressing this issue in a manner that most efficiently deals with the safety concerns. It is important to note that a masonry wall is actually no longer required in this location since the Amundson Drive alignment shifted to the east and no longer is located adjacent to the Spring Oaks subdivision. The name of the street was also changed to Winter Park Drive. • Mortar separating • Brick rows sagging i' • Missing Bricks • Exposed ladder wire • Columns missing brick • Columns leaning. The options considered by Staff are listed below. 1. Remove the wall: Since the wall and/or its foundation are located within public right -of -way the city can simply remove all or portions of the wall judged unsafe. The City would not have a legal obligation to install new fencing, so this would be left to the eleven individual property owners. Although this option is the least expensive option for the City, there are several impacts to consider. For example, the burden of reconstructing a fence or wall will be the sole responsibility of the adjacent Spring Oaks property owner. Having each individual property owner responsible for their own section of fence will also produce an inconsistent fence type. Even though it is not in a high - visibility locale, since the property line is located next to a public alley, inconsistent fence materials with varying maintenance schedules could be considered unattractive to area residents. 2. Remove the wall and replace with a new fence / wall: Remove the deteriorated wall and replace with a new wall /fence. In this option staff considered different types of screening material. Staff also wanted to have the new wall /fence constructed on private property so that future maintenance would be the responsibility of the individual property owners and the current predicament is avoided in the future. The types of wall /fence are discussed below. a. Replace with a new similar Masonry Wall: This option is the most costly and presents the most challenges. As mentioned above, Staff had this area surveyed by a licensed surveyor. Several underground utilities are located adjacent to the existing wall. Because of the location of the existing utilities and the size of the brick column foundations it would be very difficult to construct a masonry wall on private property. The wall would need to be constructed on public right -of -way then the portion of right -of -way where the wall is located would need to be conveyed to the individual property owners so they could maintain their section of wall. The cost of the ROW conveyance adds to the overall expense of this option. If the wall remains within public ROW the City still has the maintenance responsibility. This option also places the most expensive maintenance cost on the property owners. In most situations the maintenance responsibility of a screening wall is that of a Home Owners Association (HOA). In this case there is no HOA to help shoulder the maintenance costs. b. Replace with a 6 -foot contemporary wooden fence: This is Staff's preferred option. Since typical fence posts will be used (and not the larger brick columns) the fence can be successfully installed outside of the public right -of -way and not be in conflict with the underground utilities. This option provides a consistent appearance along the public alley and minimizes future maintenance costs to the Spring Oaks property owners. Staff will make a brief presentation during the September 26, 2011 Work Session and will be requesting direction from Council on how to proceed with this project. EXHIBIT "A" LOCATION MAP Spring Dabs S W a ll A 0 *iQ LC- CARDINAL LN CARDINAL [ N- Q y- l !_ 4 !vPll�_CITl BLVD —.. =a PEARL 5T ll _- _ CIOA.- - ILI _ 4. Existing Masonry CALADIUM DR Screening Wall N Hdts SAY _ i 16 m S1' P01 t7R 4 Mme• l i � � s C: LUC� DAVE �.� HU1 SQU ST r :UI EK 1—iiv EXHIBIT "B" Existing Masonry Screening Wall located on private property with wall foundation in public ROW (Approx. 900 LF) � Existing Masonry Screening Wall located on private property with wall foundation in public ROW 15 (Approx. 980 LF) Approximately 210 LF of screening wall between Cliffbrook and Pebble Creek is located wholly within the public ROW Existing Masonry Screening Wall located on primate property with wall foundation in public ROW (Applox. 540 LF) I rid �1 NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. A.2 Update on Public Safety Consolidation Project (15 Minutes) Presenter: Jimmy Perdue, Public Safety Director Summarv: Public Safety Director Jimmy Perdue will present an update on the Public Safety Consolidation Project. General Descrir)tion: As early as 1991, city leaders in Haltom City, (North Richland Hills, Richland Hills and Watauga examined the possibility of sharing services as a cost cutting as well as service delivery improvement concept. In 2007, the Cities of Keller and Southlake merged dispatch and jail services later to be joined by Colleyville. The success of this partnership as well as others in the region prompted the Chiefs of Police for Haltom City, North Richland Hills, Richland Hills and Watauga to revisit the concept with specific emphasis on Public Safety Communication and Detention Services. An examination revealed there were financial incentives to be realized by eliminating unnecessary redundancies, compressing excess capacity in physical facilities and personnel. As the project gained momentum with inclusion of the associated fire departments, a rough draft of the program was developed with North Richland Hills acting as the host agency for sharing these services. Chief Perdue made presentations to the other cities' elected officials and received strong encouragement to formalize the program and prepare estimates of the financial impacts. An Interlocal Contract which spells out the particulars of the shared service agreement has been drafted (attached). This document will be presented to this council and the councils of the other three cities during the next month for discussion and approval. The Interlocal Contract identifies the specific services and their associated expense types to be shared. These expense types include reoccurring personnel, supplies, operating expense, one -time and start-up program expenses. Also to be presented to this council will be contracts to acquire replacement public safety software (C.R.I.M.E.S. and Firehouse), and additional elements over the next few months as the project emerges and takes form. The timeline for the implementation of this undertaking has been developed so as to minimize impact on the public safety operations of each city. Shared detention services for all four cities will commence in November 2011 following minor remodeling in the current jail facility and assimilation of additional personnel from the partner cities. During November and December, the new public safety software will be installed, tested, and personnel trained in its use. Current plans call for joint public safety communications to commence from the North Richland Hills dispatch center in April 2012 following acquisition of personnel from partner cities. Below are the estimated expenses for the Shared Services Agreement. All expenses are estimates based on projected employee and fixed costs. 1. Adopted operating budget — NRH Detention Center FY 11112 Estimated operating budget - Joint Detention Center FY11112 North Richland Hills Annual Service Level at 50% Haltom City Annual Service Level at 33% Watauga Annual Service Level at 12 % Richland Hills Annual Service Level at 5% 2. Adopted operating budget— NRH Communications Center FY 11112 Estimated operating budget - Joint Communications Center FYI 1/12 North Richland Hills Annual Service Level at 53% Haltom City Annual Service Level at 31% Watauga Annual Service Level at 12% Richland Hills Annual Service Level at 5 % 3. Adopted operating budget — NRH Detention and Communications Center FY 11112 Estimated operating budget NRH share — Joint Detention and Communications Center FY11112 Estimated NRH annual savings $ 775,800 $ 1,199,814 $ 599,907 $ 395,938 $ 143,978 $ 59,991 $ 1,120,400 $ 1,955,084 $ 1,036,194 $ 606,077 $ 195,509 $ 97,754 $ 1,896,200 $ 1,636,101 $ 260,099 In addition to the ongoing operation expenses, there are a number of one -time startup costs for the project. There are also a few new ongoing project expenses required to establish and maintain connectivity with our partner cities. Several of these expenses have offsetting revenues and/or overall budgetary savings associated with them. Some of these expenses are listed below. New or one -time project expenses: 1. Public Safety System Administrator (incl. benefits) NRH portion at 60% 2. Fiber Optic Cable Lease 3. One -time shared expenses associated with program start-up Radio Relocation Expense Detention Facility Remodeling Fiber Optic Cable Installation GeneratorlUSP up -grade project $ 92,244 $ 55,346 $ 12,000 $ 25,290 $ 25,000 $ 500 $ 20.353 $ 71,143 INTERLOCAL AGREEMENT FOR COMBINED PUBLIC SAFETY DISPATCHING AND JAIL SERVICES FOR THE CITIES OF NORTH RICHLAND HILLS, RAI TOM CITY, RICHLAND HILLS, & WATAUGA TEXAS THE STATE OF TEXAS )( COUNTYOF TARRANT )( The parties to this agreement ( "AGREEMENT "), are the cites of North Richland Hills ( "NORTH RICHLAND HILLS "), the City of Haltom City ( "HALTOM CITY "), Richland Hills ( "RICHLAND HILLS "), and Watauga ("WATAUGA'), all Home Rule municipalities of Tarrant County, Texas, each acting by and through its duly appointed and authorized city manager: WITNESETH: WHEREAS, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA are desirous of combining public safety dispatching ( "Dispatching ") and jail services ( "Jail Services ") to provide their residents and businesses with a more effective and efficient delivery of these key public safety services; and WHEREAS, NORTH RICHLAND HILLS has the facilities available to perform the Dispatching and Jail Services for these cities; and WHEREAS, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS, and WATAUGA desire to enter into this Agreement to combine Dispatching and Jail Services to deliver these key public safety services at the highest level possible for each city in accordance with the terms and conditions set forth herein; and WHEREAS, all payments for Dispatching and Jail Services to be made hereumder shall be made from cunent revenues available to the paying party; and WHEREAS, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS, and WATAUGA have concluded that this Agreement fairly compensates the performing party for the Dispatching and Jail Services being provided hereunder; and WHEREAS, the City Councils of NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS, and WATAUGA believe that this Agreement is in the best interests of these respective cities; and WHEREAS, this Agreement has been approved by the governing bodies of the respective cities; and WHEREAS, this Agreement is authorized by and in conformance with Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act (the "Act "). NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS AND WATAUGA HEREBY AGREE AS FOLLOWS: Section 1. All matters stated above in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Term. This Agreement shall be for an initial term of ten (10) years commencing on October 1, 2011, and ending September 30, 2021, (the "Initial Term ") and may be extended thereafter by mutual consent of the parties hereto and for two successive five (5) year terms. (The renewal terms shall be referred to as the "First Renewal Term' and "Second Renewal Tenn', respectively) Section 3. Scope of Services to be provided by NORTH RICHLAND HILLS. NORTH RICHLAND HILLS hereby agrees to provide HALTOM CITY, RICHLAND HILLS and WATAUGA the following equipment, services, personnel, and facilities: a. Commencing on or about October 3, 2011, NORTH RICHLAND HILLS will employ a dedicated Public Safety System Administrator who will provide technical oversight to computer and connectivity systems associated with this program. The cost of this employee will be shared with the partner cities based on percentage(s) outlined for Communication expense sharing outlined in the attached exhibit. b. Commencing on or about November 5, 2011, NORTH RICHLAND HILLS will provide Jail Services at the NORTH RICHLAND HILLS Police Department. The NORTH RICHLAND HILLS Municipal Judge will work with the HALTOM CITY, RICHLAND HILLS, and WATAUGA Municipal Judge(s) in establishing a mutually agreeable daily arraignment protocol of their respective prisoners. NORTH RICHLAND HELLS will provide the necessary detention officers and other employees to properly supervise and operate NORTH RICHLAND HILLS' jail facility ( "Jail Facility "). HALTOM CITY, RICHLAND HILLS, and WATAUGA prisoners shall be released in accordance with specific written procedures agreed upon by the cities'. Jail Services shall include at a minim the following: 1. accepting full responsibility for the custodial care of all persons taken into custody by HALTOM CITY, RICHLAND HILLS and WATAUGA and delivered to the NORTH RICHLAND HILLS Police Department Jail Facility; 2. providing all necessary booking services when accepting prisoners to the facility; 3. providing HALTOM CTIY, RICHLAND HILLS, and WATAUGA with full access to inmates for the purpose of conducting interviews or interrogations, in accordance with reasonable regulations established by NORTH RICHLAND HILLS; 4. making available all prisoners whose presence is requested or ordered by a court of competent jurisdiction; 5. releasing prisoners for investigative purposes outside the Jail Facility when such requests are authorized by a duly authorized HALTOM CITY, RICHLAND HILLS, or WATAUGA official; 6. maintaining a log and other applicable records of these and all other significant events related to HALTOM CITY, RICHLAND HILLS or WATAUGA prisoners. C. On April 7, 2012, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA will merge Public Safety Dispatching Services for appropriate police, fire and emergency medical service services for the respective cities, at the NORTH RICHLAND HILLS Police Department, and NORTH RICHLAND HILLS shall provide all such Dispatching Services for HALTOM CITY, RICHLAND HILLS, and WATAUGA. The Dispatching personnel will be NORTH RICHLAND HILLS employees and will be under the supervision and control of the NORTH RICHLAND HILLS Chief of Police or his authorized designee. For identification purposes of this document, the NORTH RICHLAND HILLS Police Department Dispatch Center will be identified as the North Richland Hills/Haltom City/Richland Hills/Watauga Emergency Communication Center (NHRWECC) . Dispatching services shall be part of the NHRWECC. NORTH RICHLAND HILLS shall at all times maintain sufficient staff to perform the Dispatching Services it provides under this agreement. Dispatching Services shall mean all public communication functions necessary for the provision by HALTOM CITY, RICHLAND HILLS and WATAUGA of police, fie, and emergency medical services to the respective cities' citizens, and shall include at a minimum the following: 1. answering all emergency 9 -1 -1 calls; 2. dispatching emergency calls for service in one minute or less 80 % of the time; 3. answering any citizen requests for service placed to phone numbers designated by the respective cities; 4. dispatching police patrol units, fire apparatus, or EMS as appropriate in response to 9 -1 -1 or other calls, or at the respective city's direction; 5. maintaining radio or other remote communications with the field units of the respective Cities'police, fire, or EMS units as necessary to facilitate provision of services; 6. maintaining documentary records according to industry standard of all dispatching activity. d. NORTH RICHLAND HILLS shall provide HALTOM CITY, RICHLAND HILLS, and WATAUGA monthly service reports detailing prisoner counts and dispatch center performance measures including the number of calls for service, response times, number of 9 -1 -1 emergency calls dispatched, and any other statistical reports requested by the respective cities that are within the reporting capabilities of NORTH RICHLAND HILLS. e. All Human Resource services necessary for the recruitment, screening, employment, and training of all personnel required to provide Jail and Dispatching Services to the respective cities, including providing all employee policies and procedures and the administration thereof shall be provided by NORTH RICHLAND HILLS. f. NORTH RICHLAND HILLS shall provide access to the respective cities' warrant information retained at the dispatch center to the respective cities' Police Departments, Municipal Court and all other law enforcement agencies. NORTH RICHLAND HILLS will form a standing committee consisting of three (3) Public Safety employees of each of the respective cities and three (3) NORTH RICHLAND HILLS employees selected by the NORTH RICHLAND HILLS Chief of Police to address operational and policy decisions that will arise from operating the NHRWECC and Jail Facility. h. NORTH RICHLAND HILLS agrees to perform all services under this agreement in a good and workmanlike manner, and in accordance with all applicable laws and regulations. Section 4. HAT TOM CITY, RICHLAND HILLS and WA.TAUGA Obligations, The cities of HALTOM CITY, RICHLAND HILLS and WATAUGA agree to perform the following: a. Pay the sum listed in the corresponding exhibit to NORTH RICHLAND HILLS for the Public Safety System Administrator beginning on or about October 3, 2011. The amount of charges shall be based on expense percentage share for each city's portion of Communication budget as established. Additional payments will be invoiced as described in section 5 of this document.. b. Pay the stun listed in the corresponding exhibit to NORTH RICHLAND HILLS for Jail Services for the Fiscal Year 2011/12 beginning on November 5, 2011 and ending on September 30, 2012. The amount of charges shall be established based on the adopted Fiscal Year 2011112 NORTH RICHLAND HILLS Police Department Operating budget for consolidated jail operations as expressed in Exhibit A to operate the Jail Facility as a joint detention facility. This payment represents a percentage cost share of all Jail Services based on the previous calendar year prisoner count supplied by the respective cities. (See payment schedule, Exhibit A.) On or about November 1, 2011, pay the sum listed in the corresponding exhibit for General and Administrative Charges based on NORTH RICHLAND HILLS Police Administration, Human Resource Administration, and Information Service Administration operating budget for Fiscal Year 2011112. (Payment percentages described in Exhibit A shall remain the same for the duration of this agreement except as provided by Section 7 for reduction of the withdrawal or addition of municipal parties) d. Pay a one -time equipment and configuration cost listed in the corresponding exhibit to NORTH RICHLAND HILLS to prepare the NHRWECC and Jail Facility to accommodate the merger of services. NORTH RICHLAND HILLS will provide the necessary documentation to each city for reimbursement. Payment will be due and payable sixty (60) days following the receipt of documentation. NORTH RICHLAND HILLS will retain the title to all the equipment in the NHRWECC and Jail Facility and is responsible to properly maintain and insure the equipment; On April 7, 2012, pay the stun listed in the corresponding exhibit(s) for the remaining six (6) months of Fiscal Year 2012 share of expenses to operate the NHRWECC; by using NORTH RICHLAND HILLS' Fiscal Year 2011112 Budgeted Expenses for consolidated dispatch operations (Exhibit A) ; f. Pay annual maintenance costs for portables and mobiles owned and or operated by such city. Maintenance and or repair for any other radio equipment not specifically employed as a part of this agreement will be the responsibility of the respective agency. The fees for the maintenance agreement for the radio equipment within the NHRWECC will be the responsibility of NORTH RICHLAND HILLS and will be park of the annual budget operating costs of the NHRWECC subject to the cost sharing agreement for dispatching services as stated in corresponding exhibit. . g. Agree to utilize the C.R.I.M.E.S. Records Management System to be compatible with the C.R.I.M.E.S. Computer Aided Dispatch System that will be used by the NHRWECC. The individual cities will be responsible for the purchase and maintenance of all computer workstations at their respective facilities and their own police and fie vehicles or other Public Safety Emergency equipment. Each city will maintain their own Public Safety records unit at their individual facility and be responsible for all law enforcement and fire reporting requirements to State and Federal agencies. Each respective city also be responsible for their unique record dissemination responsibilities to the public, except direct inquiries from the public regarding a jail or public safety dispatching incident; h. Arrange for the timely delivery of all the required paperwork to properly hold and arraign prisoners for each city. Each respective city police agency will be responsible for the transportation of their arrested prisoners to the Jail Facility. Should the need arise for an in- custody transportation for emergency medical treatment of a prisoner housed at the NORTH RICHLAND HILLS jail, a NORTH RICHLAND HILLS police officer shall provide security for up to two hours until a police officer of the arresting city can respond to the medical facility to assume custody. i. Each city agrees to provide and maintain at its expense, computer network connectivity between its facility and the NHRWECC. All equipment and network protocols shall be compatible with the equipment and operating software installed and/or operated within the NHRWECC. Each city will employ compatible Fire Service reporting software capable of directly receiving data file transfers from the C.R.I.M.E.S. dispatch (C.A.D.) software. Pay within thirty (30) days an invoice submitted by NORTH RICHLAND HILLS on or about November 17, 2012 to fiend the Regional Bonus for each former Detention officer from their respective department(s) that remains employed in the Jail Facility k. Pay within thirty (3 0) days an invoice submitted by NORTH RICHLAND HILLS on or about April 20, 2013 to fluid the Regional Bonus for each former Communications employee fi their respective departments) that remains employed in the NHRWECC. Section 5. Payments for Services Performed. All payments for System Administrator, Jail Services and Dispatching except for the one time configuration and equipment payment period outlined in Section 4.d., and the Regional Bonus payments described in Sections 4. j and 4. k. shall be paid by HALTOM CITY, RICHLAND HILLS and WATAUGA to NORTH RICHLAND HILLS in four (4) equal installments due on the 1" day of each calendar quarter (or portion thereof) be November 1, 2011 in advance of the services performed by NORTH RICHLAND HILLS for HALTOM CITY, RICHLAND HILLS and WATAUGA and each subsequent calendar quarter of NORTH RICHLAND HILLS' fiscal year and continuing thereafter throughout the term of the Agreement. Each annual payment amount for Jail Services shall be in accordance with NORTH RICHLAND HELLS' Fiscal Year Police Department Operating budgeted amount for the Jail Facility adjusted annually to include budgeted increases in operating costs, and capital costs as anticipated to be approved by the NORTH RICHLAND HILLS City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1, multiplied by the cost share amount to be determined by the prisoner count from the previous calendar year. Each annual payment for the operation of the NHRWECC shall be in accordance with NORTH RICHLAND HILLS' Fiscal Year Police Department Operating budgeted amount for the communications center adjusted annually to include budgeted increases in operating costs, and capital costs as anticipated to be approved by the NORTH RICHLAND HILLS City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1, multiplied by the cost share percentage determined by the call volume received in the NHRWECC for the previous fiscal year. Each annual payment for the General and Administrative Charge shall be based on the fixed percentages described in Exhibit "A ", adjusted annually, based on NORTH RICHLAND HII..LS' respective departmental costs anticipated to be approved by the NORTH RICHLAND HILLS City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1. NORTH RICHLAND HILLS shall notify HALTOM CITY, RICHLAND HILLS and WATAUGA of the anticipated costs of the Jail Services and Dispatching and general and administrative charges by May 30 of each fiscal year for budgeting and planning purposes. The final costs will be determined and communicated in writing when the NORTH RICHLAND HILLS City Council adopts the NORTH RICHLAND HILLS annual budget, but shall not exceed the estimate by more than 5 %. The annual cost increase for HALTOM CITY, RICHLAND HILLS or WATAUGA for the Jail Services and Dispatching and general and administrative costs shall not exceed the percentage increase of the NORTH RICHLAND HILLS Police Department's annual operating budget. Section 6. Cancellation. a. HALTOM CITY, RICHLAND HILLS or WATAUGA shall have the right to terminate, based on the provisions of this Agreement, if NORTH RICHLAND HILLS breaches any of its terms or fails to perform any of its obligations under this agreement and then fails to cure the breach or failure within thirty (30) days following written notice from HALTOM CITY, RICHLAND HILLS or WATAUGA. If the Agreement is terminated under this paragraph, NORTH RICHLAND HILLS shall be entitled to retain money already received prorated to the period from the last payment until the date of termination, and shall refund the remainder to the respective city. b. After the initial twenty -four (12) months of this agreement, any party shall have the right to terminate this Agreement by giving written notice to the other parties at least six (6) months prior to October 1 of the subsequent Fiscal Year, for Jail Services; and Six (6) months prior to October 1 Ofthe subsequent Fiscal Year, for Dispatch Services. All payments by HALTOM CITY, RICHLAND HILLS or WATAUGA to NORTH RICHLAND HILLS shall continue until the cancellation date or as mutually agreed to by both parties. Section 7. Change of Participant Cities. In the event any city that is party to the creation of this shared service agreement chooses to remove themselves from the program, or in the event additional cities are allowed to participate in the future, the distribution of shared expenses will be re- calculated by NORTH RICHLAND HILLS Police Department and the new distribution percentages will be presented for signature to all parties. The calculation will be based on the reduction and/or addition of work product placed on the communication and/or detention facilities expressed as a percentage of the total workload. A document delineating new expense percentages will become an addendum to this document and will be effective from the date of signature(s). The City of NORTH RICHLAND HILLS retains the exclusive right to add additional participants to the program provided such inclusion does not increase the funding requirement of any current participant. Section 8. Notices. All notices required or provided for in this Agreement shall be sent to the following parties by certified mail — return receipt requested: City Manager North Richland Hills 7301 N.E.Loop 820 North Richland Hills, TX 76180 City Manager Haltom City 5024 Broadway Ave Haltom City, TX 76117 City Manager Richland Hills 3200 Diana Dr. Richland Hills, TX 76118 City Manager Watauga 7105 Whitley Rd Watauga, TX 76148 Section 9. ]Dispute Resolution. In order to ensure an effective relationship between the parties and to provide the best possible public services, it is mutually agreed that all questions arising under this agreement shall first be handled and attempted to be resolved between the City Managers of NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA. All issues regarding the performance of Dispatching, or Jail Services and the operation of the NHRWECC AND Jail Facility shall be brought directly to the attention of the NORTH RICHLAND HILLS Chief of Police or his authorized designee. Immediate performance complaints or concerns should be addressed by communicating the problem to the on -duty dispatch center supervisor or detention center supervisor as appropriate. Any issues not resolved hereunder may be referred to the respective governing bodies for resolution and if necessary, the parties hereby agree to the appointment of a court - certified (certified in Tan -ant County) Mediator to assist in resolving said dispute as a prerequisite to the filing of any lawsuit over such issues. Section 10. Venue. Venue for any legal dispute arising pursuant to this Agreement shall lie in Tarrant County, Texas. No litigation shall be commenced prior to both parties completion of mediation in accordance with Section 9. Section 11. All parties mutually agree that NORTH RICHLAND HILLS is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of NORTH RICHLAND HILLS in no way are to be considered employees of HALTOM CITY, RICHLAND HILLS or WATAUGA. The employment rights of NORTH RICHLAND HILLS personnel assigned wider this agreement will not be abridged. Section 12. NORTH RICHLAND HELLS and HALTOM CITY, RICHLAND HILLS and WATAUGA each agree to accept full responsibility for the actions of their own officers, agents and employees in the performance or use of the NHRWECC and Jail Facility, or in the performance or use of dispatching or detention services under this agreement, and to the extent allowed by law, agree to indemnify and otherwise hold harmless the other parties, their officers, agents and employees against all liability claims, suits, demands, losses, damages and attorney fees, including all expense of litigation or settlement, or causes of action of any kind which may arise by reason of injury to or death of any person or for a loss of damage to, or loss of the use of any property of other persons arising out of or in any way connected to the intentional or negligent acts or omissions of that party, its officers, agents or employees, in the performance or use of the joint dispatch center, or in the performance or use of the NHRWECC OF Jail Facility under this agreement. It is expressly understood and agreed that, in the execution of this Agreement, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA do not waive, nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to or against claims arising in the exercise of governmental functions relating hereto or otherwise. By entering into this Agreement, NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA do not create any obligations express or implied, other than those set forth herein, and this Agreement shall not create any rights in any parties not signatory hereto. Section 13. In the event that the Jail Facility or NHRWECC is damaged due to a natural or a man made disaster and becomes uninhabitable or is unusable, NORTH RICHLAND HILLS will have a contingency plan to continue to provide the services under this agreement at another facility within Northeast Tarrant County. Section 14. Annually, at the time the cost for Jail Services and Dispatching Services are re- calculated, this agreement will be reviewed by both parties for needed clarification and or revisions. This agreement may only be modified, changed or altered at any time, upon mutual agreement of parties, provided that any such modification, change and/or alteration are reduced to writing, and approved by the governing bodies of NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA. Section 15. This Agreement has been approved by the governing bodies of NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA, respectively. The execution of this agreement has been authorized by an act of the governing bodies of NORTH RICHLAND HILLS, HALTOM CITY, RICHLAND HILLS and WATAUGA at a duly called and posted meeting. IN WITNESS WHEREOF, we have hereunto set our hands this the day of 2011, in duplicate originals. CITY OF NORTH RICHLAND HILLS, TEXAS By: Mark Hindman City Manager CITY OF RICHLAND HILLS, TEXAS By: James Quin City Manager APPROVED AS TO FORM: By: George Staples City Attorney for North Richland Hills By: Tim Sralla City Attorney for Richland Hills CITY OF HALTOM CITY, TEXAS By: Thomas J. Muir City Manager CITY OF WATAUGA, TEXAS By: Dr. Scott Neils City Manager By: Wayne Olson City Attorney for Haltom City By: Mark Daniel City Attorney for Watauga Exhibit "A" Interlocal Agreement for Shared Services Richland Hills (all expenses are estimates based on projected employee & fixed costs) 1. Estimated operating budget -Joint Detention Center FY11/12 $ 1,199,814 Includes 19 full time employee equivalents (FTEs); 16 Detention officers, 2 Detention Supervisors„ 1 Detention Manager, shared cost of Technical Services Coordinator, operations, building capital and maintenance costs. Annual Service Level at 5% beginning on or about November 5, 2011 $ 59,991 2. Estimated operating budget -Joint Communications Center IFY11112 $1,955,084 Includes 30 full time employee equivalents (FTEs); 26 public safety dispatchers, 3 communications supervisors, 1 communications manager, operations, building capital and maintenance costs. Annual Service Level at 5% beginning on or about April 5, 2011 $ 97,754 3. General and Administrative Charges $ 830,674 3.5% of operating budgets of Police Administration, Human Resources Administration, and Information Services Administration ($830,674 X 3.5 %= $29,074) - Annual Service Level $ 5,797 4. Estimated cost of Public Safety System Administrator $ 92,244 (Actual prorated to employment date) Y Annual Service Level at 4% $ 3,690 5. tine -time shared expenses associated with program start-up Radio Relocation Expense ($46,335 )at 5% $ 2,317 Detention Facility Remodeling ($50,000) at 5% $ 2,500 Fiber Optic Cable Installation $ 500 Generator/USP up -grade project ($37,692) at 5% $ 1,885 Total one -Time expense $ 7,202 6. Fiber optic Cable lease - Annual cost estimate $ 8,400 $7001mo Exhibit "A" Interlocal Agreement for Shared Services Haltom City (all expenses are estimates based on projected employee & fixed costs) 1. Estimated operating budget -Joint detention Center FY11f12 Includes 19 full time employee equivalents (FTEs); 16 Detention officers, 2 Detention Supervisors, 1 Detention Manager, shared cost of Technical Services Coordinator, operations, building capital and maintenance costs. $ 1,199,814 Annual Service Level at 33% beginning on or about November 5, 2011 $ 395,938 2. Estimated operating budget -Joint Communications Center FY11112 $ 1,955,084 Includes 30 full time employee equivalents (FTEs); 26 public safety dispatchers, 3 communications supervisors, 1 communications manager, operations, building capital and maintenance costs. Annual Service Level at 31% beginning on or about April 5, 2011 $ 606,077 3. General and Administrative Charges $ 830,674 3.5% of operating budgets of Police Administration, Human Resources Administration, and Information Services Administration {$830,674 X 3.5 %= $29,074} Annual Service Level $ 20,352 4. Estimated cost of Public Safety System Administrator $ 92,244 (Actual prorated to employment date) Annual Service Level at 28% $ 25,828 5. One -time shared expenses associated with program start-up Radio Relocation Expense ($46,335) at 31% $ 14,364 Detention Facility Rem odeling($50,000) at 31% $ 16,500 Fiber Optic Cable Installation $ 540 GeneratorfUSP up -grade project ($37,692) at 31% $ 11,685 Total One -Time expense $ 43,049 6. Fiber optic Cable lease -Annual cost estimate $ 8,400 $7001mo Exhibit "A" Interlocal Agreement for Shared Services Watauga (all expenses are estimates based on projected employee & fixed costs) 1. Estimated operating budget -Joint detention Center FY11f12 $ 1,199,814 Includes 19 full time employee equivalents (FTEs); 16 Detention officers, 2 Detention Supervisors, 1 Detention Manager, shared cost of Technical Services Coordinator, operations, building capital and maintenance costs. Annual Service Level at 12% beginning on or about November 5, 2011 $ 143,978 2. Estimated operating budget -Joint Communications Center FY11112 $ 1,955,084 Includes 30 full time employee equivalents (FTEs); 26 public safety dispatchers, 3 communications supervisors, 1 communications manager, operations, building capital and maintenance costs. Annual Service Level at 12% beginning on or about April 5, 2011 $ 195,509 3. General and Administrative Charges $ 830,674 3.5% of operating budgets of Police Administration, Human Resources Administration, and Information Services Administration {$830,674 X 3.5 %= $29,074} Annual Service Level $ 5,815 4. Estimated cost of Public Safety System Administrator $ 92,244 (Actual prorated to employment date) Annual Service Level at 8% $ 7,380 5. One -time shared expenses associated with program start-up Radio Relocation Expense ($46,335) at 10% $ 4,364 Detention Facility Remodeling($50,000) at 12% $ 6,000 Fiber Optic Cable Installation $ 540 GeneratorfUSP up -grade project ($37,692) at 10% $ 3.769 Total One -Time expense $ 31,364 6. Fiber Optic Cable lease -Annual coast estimate $ 8,400 $7001mo NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. 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 NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. B.1 Executive Session; 'Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011- 000462 -1) NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. C.0 Adjournment City of North. Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, September 26, 2011 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Lombard A.2 Pledae - Councilman Lombard A.3 Special Presentation(s) and Recoanition(s) - Proclamation for Communitv Planning Month presented by Councilman Rodriouez A.4 Special Presentation(s) and Recognitions) - Presentation of "I Dig My Garden" Photo Contest A.5 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.6 Removal of Item(s) from the 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 Auaust 5. 2011 Citv Council Work Session B.2 Approval of Minutes of September 12, 2011 Citv Council Meeting B.3 GN 2011 -080 Authorize the Citv Manaaer to execute a contract with MuniServices. LLC for Sales Tax Compliance Review Services B.4 PW 2011 -016 Approve establishina a Municipal Settina Desianation for a 16.081 Acre Tract of Land Known as Lot 1 R and Lot 2R -1, Block 1 of Five Star Ford Addition within the Citv of North Richland Hills, Texas - Ordinance No. 3164 B.5 PW 2011 -015 Approve a Resolution in Support of the Application to the Texas Commission on Environmental Qualitv for a Municipal Settina Desianation on a 16.081 acre site known as Lot 1R and Lot 2R -1, Block 1 of Five Star Ford Addition — Resolution No. 2011 -031 B.6 PW 2011 -017 Approve the Closina and Abandonment of a Portion of Lewis Road Located within the Smithfield Corners Addition in The Citv of North Richland Hills, Tarrant Countv Texas - Ordinance No. 3152 B.7 GN 2011 -082 Authorize Contract with Redflex Traffic Svsems, Inc. to Administer Scofflaw Proaram C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT No items for this category. E.0 PUBLIC WORKS No items for this category. F.1 GN 2011 -081 Appointments to Plannina & Zonina Commission & Capital Improvement Advisory Committee - Place 5 & Ex Officio F.2 GN 2011 -074 Approval of Amendments to the Youth Advisory Committee Bvlaws - Ordinance No. 3162 F.3 GN 2011 -075 Approval of New Committee Members to the Youth Advisory Committee F.4 GN 2011 -083 Amend Article I of Chapter 62 of the North Richland Hulls Code of Ordinances and the Rules and Regulations Applicable to Parks - Ordinance No. 3166 G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aaenda H.0 INFORMATION AND REPORTS H.1 Announcements - Mavor Pro Tem Barth H.2 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. A.D Call to Carder - Mayor Trevino M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. A.1 Invocation - Councilman Lombard M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. A.2 Pledge - Councilman Lombard M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) - Proclamation for Community Planning Month presented by Councilman Rodriguez Presenter: Councilman Tito Rodriguez Summary: A proclamation of October 2011 as "Community Planning Month" will be read and an announcement regarding an October 6 Vision North Texas presentation will be made. Planning staff will also be personally donating a community resource 'book entitled The Citizen's Guide to Planning, by Christopher J. Duerksen, to the North Richland Hills Library. General Descrivtion: The month of October is designated as National Community Planning Month by the American Planning Association and its professional institute, the American Institute of Certified Planners. In support of this national campaign, the North Richland Hills Planning & Development Department will be hosting a presentation to the City's boards and commissions by Fort Worth Councilmember Danny Scarth on Thursday, October 6 at 6 in the Council Chambers. In his capacity as Fort Worth Representative to the Vision North Texas Management Committee, Mr. Scarth will be updating the City on the recommendations of North Texas 2050, the regional plan that was recently completed after years of input and regional cooperation. Several council members and city staff representatives have been active members of the Vision North Texas planning efforts. The presentation will be held on a regularly scheduled Planning & Zoning work session meeting date and will be posted as an open meeting available to City Council, all boards and commissions and interested citizens. The City's new Senior Planner, Clayton Comstock, AICP, will also be representing North Richland Hills at the annual conference of the Texas Chapter of the American Planning Association being held in Austin October 5 -7. In addition, Planning staff will be personally donating a community resource book entitled The Citizen's Guide to Planning, by Christopher J. Duerksen, to the North Richland Hills Library. I0I: MMI CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, North Richland Hills and other communities are constantly growing and changing and community planning helps to positively manage that change; and WHEREAS, all residents have the opportunity to be meaningfully involved in the planning process and to help determine the future of their community; and WHEREAS, the full benefits of planning require public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, We recognize the excellence and value that plans such as the Home Town development, the Loop 820 Corridor Plan, the Smithfield and Iron Horse transit- oriented development, and the South Boulevard 26 Corridor Strategy have added to the City of North Richland Hills; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of the Planning & Zoning Commission and other citizens who have contributed their time and expertise to the improvement of our city; and WHEREAS, We recognize the many valuable contributions made by the professional community planners of the City of North Richland Hills and extend our heartfelt thanks for their continued commitment to public service. NOW, THEREFORE, I Oscar Trevino, Mayor of the City of North Richland Hills, Texas, do hereby proclaim the month of October 2011 as i1field 105 11J►1 116 W KIWI 101005 MON Y:6 in the City of North Richland Hills and encourage all citizens to recognize and participate in the City's planning process. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 28th day of September 2011. Oscar Trevino, Mayor M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. A.4 Special Presentation(s) and Recognition(s) - Presentation of 1 Dig My Garden" Photo Contest Presenter: Kathy Luppy, Keep NRH Beautiful Summary: The "I Dig My Garden" Photo Contest ran from May 1, 2011 through July 29, 2011. Seventy -four (74) entries were received. The winners will be recognized and presented a $25.00 gift card from a local nursery. General Descriration: Entries had to be photos taken at North Richland Hills residential or commercial properties that capture the best of the categories listed below. Balcony Bliss - Best container garden in a limited space garden Beautiful Backyard — Best landscaped backyard Critters & Creatures — Best shot of bird, butterfly, lizard, etc. Handsome Hardscape — Best pathway, patio, retaining wall Luscious Lawn - Best lawns or lawn alternative (i.e.:xeriscaping) Outstanding Ornamentals - Best flower, tree or shrub Pretty Pond — Best pond Visible View — Best view from a patio Voluminous Vegetables - Best food producing garden The winners are: Category Beautiful Backyard Critters & Creatures Handsome Hardscape Luscious Lawn Outstanding Ornamental Pretty Pond Visible View Voluminous Vegetables Winner David & Virginia Smith Gary Yardley, Sr. Marsha Pendley Tiffany Hayes Glenn & Kathy Nerwin David & Virginia Smith Johnny Gilliland Vici Carpenter M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. A.5 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. A.6 Removal of Item(s) from the Consent Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. 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. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. 6.1 Approval of Minutes of August 5, 2011 City Council Work Session Recommendation: To approve the minutes of the August 5, 2011 City Council Work Session meeting. MINUTES OF THE BUDGET WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAN'D HILLS, TEXAS, HELD AT THE NORTH RICHLANiD HILLS LIBRARY COMMUNITY ROOM, 9015 GRAND AVENUE, NORTH RICHLAND HILLS, TEXAS — AUGUST 5, 2011 Present: City Council Oscar Trevino Tim Barth Tito Rodriguez Torn Lombard David Whitson Scott Turnage Tim Welch Mayor Council Member I Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member Staff: Mark Hindman City Manager Karen Bostic Assistant City Manager Jared Miller Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Jimmy Perdue Director of Public Safety Patricia Hutson City Secretary Larry Koonce Director of Finance Mark Mills Director of Budget Mary Peters Public Information Officer Patrick Hillis Director of Human Resources Andy Jones Fire Chief Craig Hulse Economic Development Director Jennipher Castellanos Budget Analyst Shirley Hoover Financial Analyst Kristin Weegar Sr. Mgmt. Asst. — Dev. Services Andy Kancel Assistant Police Chief Mike Hamlin Assistant Police Chief Absent: Ken Sapp Council Member (present at 1:30 p.m.) CALL TO ORDER Mayor Trevino called the Council Budget Work Session to order August 5, 2011 at 8:31 a.m. with all council members present except Councilman Sapp. Mayor Trevino briefly commented on the budget expressing his support of the budget. The Council also expressed their support of the budget. The Mayor and Council expressed appreciation to the Staff for producing a balanced budget and expressed appreciation and their support of the employees. Throughout the work session Staff presented a PowerPoint presentation that provided an overview of the Revised 2010120111 and Proposed 2011/2012 Operating and Capital Project 'Budgets, initiatives to be continued from previous years, trends and major financial and economic issues affecting the budget, and modifications to existing services. The City Manager began the presentation by giving an overview of the budget discussing financial and economic assumptions, the guiding philosophy used to formulate the budget and highlights of the budget. Mr. Hindman reported that the local economy is showing slow signs of recovery, most of the local economic indicators have improved since 2008, and tax revenues have stabilized. Over the last 19 years, one of the trends has been a greater alliance on property taxes. Very limited new development or redevelopment combined with declining values for existing properties has resulted in overall property values essentially remaining flat when compared to last year's figures. Since 2008 property values have dropped approximately $75 million and to collect the same amount of property taxes as in 2008 the City would need to raise the tax rate by 1.2 cents to remain even. Taxes were last raised in 1993 -1994. The proposed budget does not increase the tax rate to account for the decreased value but maintains a tax rate of $.57 per $100 of assessed value for the 19 year in a row. • Council requested Staff to add in future years to the Tax Revenue History provided to Council in the PowerPoint presentation information on population growth or tax value. Mr. Hindman highlighted some of the past year's accomplishments supporting the Council's Goals and Objectives. Council was advised philosophies used to develop the budget included stabilizing expenditures, the elimination of unplanned use of reserves, adherence to capital replacement plans, and maintaining the City's investments in its physical assets and staff. Some of the highlights of the proposed Budget include: • Continuation of the Capital Improvement Programs • Maintaining the City's investment in its employees through funding to retain existing health, benefit and retirement programs; a salary increase is not currently in the budget but funding equivalent to a 2 °/o merit increase and market based pay range adjustments is included as an option for consideration by Council. Staff is recommending the increase to be held until January 2012 to determine if sales tax revenues are coming in as projected. • Restoring $100,000 of the $200,000 reduction in 2010/2011 to street maintenance funds in an effort to minimize the amount of street inventory that requires replacement in the future. • Full funding of any program costs related to code enforcement and neighborhood revitalization • Funding for the replacement of major capital equipment and maintenance projects for several city facilities. Changes in the proposed 201112012 budget include: • SRO position reduced — Birdville Independent School District has had to reduce the number of School Resource Officers from four to three as a result of the state education funding crisis. The SRO position remains in the budget as an unfunded position allowing the reduction to be restored should funding from Birdville Independent School District and the City become available in the future. • Reinstatement of one firefighter position — Several years ago a Fire Public Safety Education Specialist was established by pulling one firefighter position off of one of the three fire shifts. Staff is recommending the reinstatement of the position while leaving the Education Specialist position intact. • Opening of NRH Centre /Senior Center — Revenues and expenses related to the recreation center programs have been moved out of the General Fund to the Park and Recreation Facilities Development Fund in preparation for the opening of the NRH Centre in the spring of 2012. Between start-up costs and limited revenue during the first half of the year, the Park and Recreation Facilities Development Fund will require the appropriation of fund balance and a contribution from the revenue bond reserve. Once the facility is able to operate on a full year basis, future years should not require the utilization of reserve funds. • Completion of Golf Fund Initial Pay Off — The Golf Fund has retired the original construction debt for Iron 'Horse and will begin funding more of its capital needs on a cash basis and begin repaying the General Fund for funds loaned the past few years for equipment purchases. • Utility Fund Rate Adjustments — The Utility Fund includes a water rate increase and a sewer rate increase reflecting the first year of a multi -year plan established through a rate study to implement rates needed to fund upcoming capital improvement projects and the cost for wholesale water and sewer treatment. Mr. Hindman discussed with Council some of the highest priority unfunded needs and requested Council consider restoring some of them to the budget. Items discussed were: Reinstatement of Full Stability Pay $ 97,765 Salary increase $281,504 Fraud /Computer Crimes Detective $ 73,713 Library materials $ 20,000 Two Parks Maintenance Workers $ 86,298 Restoration of Street Maintenance Budget $100,000 Enhanced Neighborhood Initiative Program $ 50,000 Fire Stations #1 & #4 Apparatus Bay Floor Resurface $135,000 Mr. Hindman advised of programs /projects he would like to see accomplished during the next budget year: Action Steps for 2011/12 • Substantial progress on Boulevard 26 • Develop plans to implement Regional Assessment and Opportunity Analysis for Inside Loop 820 • Confirm plan for City facilities • Continue progress on improving property conditions • Food Lion property use resolved Mr. Craig Hulse, Director of Economic Development presented the economic outlook discussing national and local trends. Mr. Hulse discussed the consumer confidence index, consumer credit, prime mortgage lending and foreclosure and distressed housing levels. Council was updated on local business and employment growth trends, taxable sales comparisons, commercial and new residential permits and real estate taxable value trends. Mr. Patrick Hillis, Director of Human Resources, presented the proposed compensation and benefits program for the 201112012 budget. Council was advised of the City's recruitment efforts the past year and turnover activity. For 'Fiscal Year 2010/2011 the City's health insurance costs have been under budget. The Fiscal Year 2011/2012 budget includes a 3% increase for health /medical and 3% increase to employee monthly medical premiums with no plan design changes. Mr. Hillis discussed conducting the salary survey, the methodology for the survey and the results of the most recent survey. Council was given an update on the City's Wellness Program and advised that next fiscal year the City plans to offer to the employees Health Check 2011, skin cancer screening, Naturally Slim on -line weight loss program and a fitness challenge for employees. Mr. Hillis advised that the passage of Senate Bill 350 will have a positive impact on the City's retirement program by lowering the ultimate contribution rate to the retirement program. It is anticipated that there will be a slight increase in the City's contribution rate in 2012. No changes are planned to the Retirement Program in Fiscal Year 2011/2012. Mr. Mark Mills, Budget Director, provided an overview of the Revised 2010/2011 General Fund Budget. Mr. 'Mills compared the adopted versus the revised revenues and expenditures and appropriations of fund balance. The revised budget projects an increase of $1.3 million in total revenue and a $1.2 million increase in expenditures over the Fiscal Year 201012011 Adopted Budget. Mr. Mills provided an overview of the Proposed 2011/2012 General Fund (Budget. Mr. Mills gave an overview of net taxable value history. The net property taxable value for tax year 2011 is $3,618,184,021 compared to $3,602,317,711 for tax year 2010. For FY 2011 -2012 General Fund sales tax revenues are projected at $8,417,919 and total revenue is projected at $37,732,042, an increase from FY 2010111 adopted revenues by $98,370. Expenditures are forecast to be $37,603,760 a reduction of $49,912 compared to FY 2010111. For the 19 consecutive year, the tax rate is proposed to be set at 57¢ per $100 valuation. Mr. Mills explained the two components of the tax rate and reviewed the history of the 57¢ tax rate distribution since inception to present. Tax Rate Components: General Fund — M & Debt Service Fund & TI FS Total Distribution of Tax Rate 62.5% $0.356419 37.5% $0.213581 100% $0.570000 Council was advised the proposed tax rate was expected to remain lower than the effective tax rate of $0.581415. Mr. Larry Koonce, Director of Finance, reviewed the Summary of Property Tax Revenue and Distribution and the General Debt Service Fund. Ms. 'Karen Bostic, Assistant City Manager, discussed with Council the City's debt capacity over the next ten years. Council was advised that remaining from the 1994 bond election is $425,000 in authorized unissued bonds for Holiday Lane at 820 which will be done after the expansion of Loop 820. Council was updated on the remaining authorized unissued bonds from the 20+03 election. Mayor Trevino recessed the work session at 10:39 a.m. and called the work session back to order at 10:45 a.m. Ms. Bostic explained the total debt capacity for ten years assuming a 57¢ tax rate and the ten year debt capacity for tax rates with a 10, 2¢, 3¢ and 4¢ increase with 0% tax growth to 4% tax growth. Council was advised of the effect the increases would have on the average taxable value. Council concurred with the General Fund 'budget as presented and with setting the tax rate at 57¢ per $100 valuation. Amount Amount Issued 2011 Issue Authorized Authorized to Date Un- Issued Streets $30,010,000 $22,200,000 $ 750,000 $ 7,060,000 Drainage 4,000,000 1,640,000 1,115,000 1,245,000 Public Safety 1,900,000 1,650,000 0 250,000 Facilities Animal Shelter 1,300,000 0 0 1,300,000 Expansion Total $37,2.10,000 $25,490,000 $1,865,000 $9,855,000 Mayor Trevino recessed the work session at 10:39 a.m. and called the work session back to order at 10:45 a.m. Ms. Bostic explained the total debt capacity for ten years assuming a 57¢ tax rate and the ten year debt capacity for tax rates with a 10, 2¢, 3¢ and 4¢ increase with 0% tax growth to 4% tax growth. Council was advised of the effect the increases would have on the average taxable value. Council concurred with the General Fund 'budget as presented and with setting the tax rate at 57¢ per $100 valuation. Mr. Mills began a review of the Special Revenue Funds beginning with the Park and Recreation Facility Development Fund. Mr. Mills highlighted the Revised 2010/2011 Park Fund Revenues and Expenditures and the preliminary 201112012 Park Fund Revenues and Expenditures. Revenues and expenditures in the 201012011 Revised Budget have been revised to $4,761,757, an overall revenue increase of $140,606. For the Proposed 2011/2012 budget, revenue is projected at $7,195,832 and expenditures are projected at $7,142,066. Sales tax revenues are projected to increase $97,205 between the Adopted 201012011 and Proposed 2011/2012 budget. Overall, revenues will increase $2,574,681. The largest increase in the fund is the result of the opening of the NRH Centre. Mayor Trevino announced at 11:08 a.m. that he was recessing the Council Budget Work Session and calling the Crime Control and Prevention District Budget Work Session to order. After the District's Board of Directors discussed the proposed budget, Mayor Trevino adjourned the Crime District Work Session at 11:17 a.m. and called the Council's Budget Work Session back to order at 11:17 a.m. Staff reviewed and discussed with Council the remaining budgets for the Special Revenue Funds consisting of the Promotional Fund, Donations Fund, Special Investigation Fund, Drainage Utility Fund, Gas Development Fund, and Traffic Safety Fund. Council was advised that there were no significant changes to these funds. Council concurred with the budgets for the Special Revenue Funds as presented. The Revised and Proposed Budgets for the Enterprise Funds (Utility Fund, Aquatic Park Fund and Golf Fund) were presented to Council. Ms. Bostic highlighted the Revised 201012011 Utility Fund Revenues and Expenditures. Total Revised Revenues and Appropriation from Fund Balance are $26,087,856, an increase of $867,771 from Adopted. Total Revised Expenditures are $25,897,745, an increase of $677,660 from Adopted. Ms. Bostic recapped the new rate structure resulting from the Impact Fees Study and Utility Rate Study performed earlier in the year and presented to Council in June. The Proposed 2011 -2012 budget includes the implementation of the new rate structure and the impact of pass through charges. Water sales and charges for FY 2011/2012 are projected to be $17,500,895, sewer sales and charges are projected to be $8,778,309 and miscellaneous revenue is projected to be $973,261 for total revenue of $27,252,464. Total expenditures are projected to be $26,982,213. Ms. Bostic highlighted the Revised 2010/2011 Aquatic Park Fund. Total revenue for the 2010111 season is projected at $4,879,377, a 7.11 % increase over the Adopted Budget. Expenditures are revised to $4,879,377. Infrastructure & Major Repairs has been increased to fund an expansion to the Viper project to include a conveyor system for the tubes. The increased revenues also allowed for an increase in the Reserve for Park Expansion. The Proposed 2011/2012 budget projects revenues of $4,556,246 and expenditures of $4,543,287. Ms. Bostic highlighted the budget for the Golf Course Fund discussing the history of rounds of golf played, the 2010/20111 Revised Golf Course Revenues and Expenditures and Proposed 2011/2012 Revenues and Expenditures. Revised Revenues for FY 2010/2011 are projected at $2,379,615 and Revised Expenditures are projected at $2,377,295. The proposed 2011/2012 Budget projects net revenues of $2,272,018 and expenditures of $2,260,350. Included in the FY 2011/2012 budget is $139,250 for equipment replacement. Mayor Trevino called Staff's attention to three vacant lots, possibly a drainage easement, near Tyson that needed to be maintained. Staff advised they would look into and work together to resolve the issue. There was a brief discussion by Council on additional revenues that could be generated if the pavilion was enclosed. Council concurred with the Enterprise Funds as presented. Mayor Trevino recessed the work session at 12:01 p.m. and called the work session back to order at 1:30 p.m. All Council members and Staff were present as previously recorded with the addition of Councilman Sapp. Mr. Mills presented overviews of the Internal Service Funds consisting of the Facility /Construction Management Fund, Fleet Services Fund, Information Services Fund and Insurance Fund. Council concurred with the Internal Service Funds as presented and with the budgets for all Operating Funds. Council began a review and discussion of the Capital Improvements Program Budget. The total proposed CIP Budget for 201112012 is $18,753,405. The total proposed CIP Budget for Public Works is approximately $11.3 million consisting of $3.04 for streets, $1.69 million for Drainage and $6.58 million for utility improvements. Mr. Curtis highlighted the completed street, drainage and utility projects. For Fiscal Year 2011/2012 the proposed Public Works Capital Improvements Program consists of twenty -one continuing street projects, five new street projects, seven continuing drainage projects, three new drainage projects, six continuing utility projects, and nine new utility projects. An overview of the significant projects was presented. After discussion and questions from the Council, Council concurred with the Public Works Capital Improvements Program. Ms. Vickie Loftice, Managing Director, presented the Park and Recreation Facilities Development Corporation Capital Projects Budget for (Fiscal Year 2011/2012. The total proposed budget is $2,239,195. Ms. Loftice highlighted the continuing projects and four new projects. Ms. Loftice presented the proposed 2011/2012 NRH20 Waterpark Budget. The proposed budget includes two continuing projects and one new project for general facility improvements for a total of $90,000. The Council concurred with the Park and Recreation Capital Projects Budget and the Aquatic Park Budget. Council reviewed and discussed the Municipal Facility Capital Improvements Program for 201112012. Mr. Miller highlighted the municipal facilities projects consisting of six continuing projects, one permanent building maintenance project and two new facility projects. There were no questions from Council on the projects. Staff presented to Council the Major Capital Equipment Program. Ms. Bostic highlighted the Continuing Technology Projects (Police Department Notebook Replacement and SCADA Control Upgrade) and New Technology Projects (Video /Camera Security System Replacement, Computer /Phone Upgrade /Replacement for NRH Centre, Hardware Replacement for IBM AS 400 and Teleworks Replacement). Council discussed the video /camera security system replacement and the consensus was to remove the project from the CIP 'Budget and use an alternate funding source for the project. Mr. Miller presented the Major Equipment Capital Projects and the Economic Development Projects. The Council concurred with the 201112012 Capital Projects Budget. Mr. Mills reviewed the budget calendar and dates for the upcoming public hearings. At the request of Council, Mr. Hindman re- addressed some of the unfinanced needs. Mr. Hindman discussed possible ways to fund the full stability pay and 2% compensation adjustment. Mr. Hindman suggested implementing the merit adjustment after the first of the year using reserves as the funding source. He suggested lowering the capital improvements reserves from $300,000 to $50,000 and combine with the General Fund ending balance of excess revenues over expenditures. Mr. Hindman recommended funding the full stability pay in the Fiscal Year 2012 budget and delaying the 2% compensation until after the first of the year. The compensation increase would be reassessed in January and implementation would be contingent on revenues and economic conditions. Mr. Hindman recommended that the Fraud /computer Crimes Detective be funded from any savings as a result of the Public Safety Consolidation project and after completion of the project funding would be evaluated. The consensus of the Council was to follow the City Manager's recommendation on the unfinanced needs. There being no further business, Mayor Trevino adjourned the work session on August 5, 2011 at 3:23 p.m. Oscar Trevino — Mayor 1_1 a 11 16 Patricia Hutson, City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. B.2 Approval of Minutes of September 12, 2011 City Council Meeting Recommendation: To approve the minutes of the September 12, 2011 City Council Meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — SEPTEMBER 12, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 12 day of September 2011 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tim Barth Mayor Pro Tem, Council, Place 4 Tito Rodriguez Council, Place 1 Ken Sapp Council, Place 2 Tom Lombard Council, Place 3 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer John Pitstick Director of Planning & Development Larry Koonce Finance Director Joe Pack Senior Park Planner Greg VanNieuwenhuize Assistant Public Works Director Craig Hulse Economic Development Director JoAnn Stout Neighborhood Services Director Jamie Brockway Purchasing Manager Clayton Comstock Senior Planner Dave Pendley Building Official Bill Thornton Assistant Parks and 'Recreation Director Chris Swartz NR Parks Manager Mark Mills Budget Director Sharon Davis Assistant Parks and Recreation Director Call to Order Mayor Trevino called the work session to order at 8:00 p.m. A.0 Discuss Items from Reaular Citv Council Meeting Councilman Turnage questioned item D.1 how the property was sold before being replatted. John Pitstick, Planning and Development Director stated that the property was sold by metes and bounds into five lots. Four of the five property owners were replatting the property. A.1 Introduction of New Neighborhood Initiative Proiect Manaaer Joann Stout, Neighborhood Services Director, presented the item. The City of North Richland Hills and the Community Enrichment Center have entered into an agreement to allow the CEC to hire a part-time employee to assist with the Neighborhood Initiative Program. The CEC has selected Mike Glover, who began work on September 1, 2011. The contract is good for one (1) year, ending August 31, 2012. Ms. Stout introduced Mike Glover. A.2 Review Revised and Proposed Parks and Recreation Ordinances Vickie Loftice, Managing Director, presented Council revisions to the Park and Recreation Code of Ordinances. The proposed ordinances include regulation of the following areas: weapons, fireworks, controlled access, use of alcoholic beverages, environmental disturbance, fires, signage, hunting in parks, unauthorized entry onto reserved facilities, animals in parks and on trails, swimming, boating, fishing, motor vehicles, motorized devices, use of skateboards, sales of goods and services and overnight camping. New ordinances also include the establishment of other rules and regulations, severability, penalty and publication. There were no questions from Council. A.3 NRH2O Food Service Buildinq Update Joe Pack„ Senior Parks Planner, presented a PowerPoint presentation updating Council on the revised design of the new NRH20 Food Service Building. The approved NRH20 Capital Improvement Program for FY 2010 -2011 included funding for two projects; the new food services building and the new water park attraction. In November 2010 Council rejected bids received for the combined projects and authorized staff to proceed with bidding the new attraction and the food service building separately. While construction on The Viper was being completed in the spring of 2011, Schrickel, Rollins was working to complete a revised design for the new food building. The project is located at the site of the current Hopper Building near Beachside'Bay. AA Update on Senate Bill 100 and Citv Elections Mark Hindman, City Manager, updated Council on future city elections with the impact from Senate Bill 100. After meeting with Tarrant County, it was determined that elections held on odd years would be supported by Tarrant County and the 2012 election. The financial impact for even year elections would include equipment, supplies and staff. After a brief discussion on moving elections to November, moving elections to odd years only and keeping May date, and extending Council terms to four years, Council consensus was for staff to gather more information on the costs of holding our own election and to bring back to Council. B.0 EXECUTIVE SESSION - The Citv 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 Attornev regardinq Pendinq Litiqation - 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1): and 2) State of Texas v. Citv of North Richland Hills (No. 2011 - 000462 -1) Mayor Trevino announced at 6:51 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: • Section 551.071, Texas Government Code: to consult with Attorney regarding Pending Litigation — 1) State of Texas v. City of North Richland Hills (No. 2011- 002840-1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1). C.0 Adiournment Mayor Trevino announced at 6:56 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 September 12, 2011 at 7:03 p.m. ROLL CALL Present: Oscar Trevino Tim Barth Tito Rodriguez Ken Sapp Tom Lombard David Whitson Scott Turnage Tim Welch Staff Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mayor Mayor Pro Tem, Council, Place 4 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 5 Council, Place B Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilman Sapp gave the invocation. A.2 PLEDGE OF ALLEGIANCE Boy Scout Troop 95 presented the colors and led the pledge of allegiance. Mayor Trevino introduced Holiday Heights Huskies Choir who sang the National Anthem. Councilman Welch read a letter on the lo year Anniversary of 9111 from U.S. Senator John Cornyn A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF AUGUST 8, 20'1'1 CITY COUNCIL MEETING B.2 APPROVAL OF MINUTES OF AUGUST 22, 20'11 CITY COUNCIL MEETING B.3 GN 2011 -078 AMENDING CHAPTER 78 OF APPENDIX A OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES ESTABLISHING CHARGES FOR WATER AND SEWER - ORDINANCE NO. 3163 B.4 GN 2011 -079 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM FY 2012 GRANT - RESOLUTION NO. 2011 -030 COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS CA RP 201'1 -01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM LISA G. MORTON FOR A REPLAT TO CREATE LOTS 1R AND 2R, BLOCK 1, DOUBLE K RANCH ADDITION (LOCATED AT 7300 BURSEY ROAD) APPROVED Mayor Trevino opened the public hearing and called the applicant to come forward. Lisa Morton, 7300 Bursey Road, applicant came forward. Ms. Morton explained that the request was to move the property line over and an agreement between the property owners had been made. John Pitstick, Planning and Development Director, summarized the item. The applicant, Lisa Morton, is proposing to replat two lots in the Double K Ranch Addition at 7300 Bursey just east of Douglas in order to make the smaller eastern lot larger. Lot 1 R will be expanded 25 feet to the west to create an additional 1,800 square feet for a total lot area of 1.0744 acres. The remaining Lot 2R with access off of 7229 Londonderry has a revised "Y" Fire Department turnaround easement and will now total 4.1449 acres. The 30 foot Temporary Turnaround Easement currently on Lot 2R off of Londonderry Drive is being abandoned by this plat and being replaced by a "Y" shaped variable width emergency access easement. The Planning & Zoning Commission recommended approval by a vote of 5 -0. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN WELCH MOVED TO APPROVE RP 201'1 -01. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.2 SUP 2011 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE COMMUNITY ENRICHMENT CENTER FOR A SITE PLAN REVISION TO THE PREVIOUSLY APPROVED SPECIAL USE PERMIT FOR A SOCIAL SERVICE AGENCY WITH TEMPORARY HOUSING (LOCATED AT 7500 MAPLEWOOD AVENUE) - ORDINANCE NO. 3161 APPROVED Mayor opened the public hearing and called on the applicant to present the item. Randy Clinton, 1531 Lakeview, Kehler, TX came forward. Mr. Clinton explained that the Emerald Run Apartment complex would provide services to residents housed by the Community Enrichment Center (CEC). The new improvements would serve as a single building instead of several buildings for each program. The remaining units would now serve as affordable housing units. John Pitstick, summarized the item. The Community Enrichment Center (CEC) received approval of a Special Use Permit (SUP) in 2009 to use the apartment complex known as Emerald Run on Maplewood Avenue, to provide social services with temporary housing. The CEC also received approval to convert buildings 10 and 11 from residences to offices for case management, group therapy and support service activities. The CEC is now making application for a revised SUP to keep buildings 10 and 11 for residents and to build a new 3,247 square foot building in an open vacated pool area as a community room for Emerald Run Apartments operated by the CEC. The new building is proposed to provide adult literacy, job search, computer classes, after school tutoring, case management and life skills programs for residents under special programs known as Open Arms and Adopt -A- Family programs. Staff is supportive of this SUP because the proposed new building will serve as an improvement to the complex and will not alter the existing land use. The proposed operations and services provided on -site should not impact adjacent land uses, and will likely improve the operations of the multi - family land use. The Planning & Zoning Commission recommended approval by a vote of 5 -0. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED To APPROVE SUP 2011 -05; ORDINANCE No. 3161. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. D.0 PLANNING & DEVELOPMENT D.1 RP 2011 -02 CONSIDERATION OF A REQUEST FROM CRR PROPERTY HOLDINGS, INC. FOR A REPLAT TO CREATE LOTS 3A - 3E, BLOCK 1, NORTHEAST CROSSING ADDITION (LOCATED AT 9121 BOULEVARD 26) APPROVED Mayor called on the applicant to come forward. Steve Harriman, 4613 Patterson Lane, Colleyville, TX representing CRR Property Holdings. Mr. Harriman stated that the applicant had been approached to develop the land immediately west of Kroger. Replatting the property is required in order to develop the property. The other property owners were also in favor of replatting and therefore was requesting Council approval of RP 2011 -02. He was available to answer any questions Council may have. John Pitstick, Planning and Development Director, presented the item. The applicant, CRR Property Holdings, Inc. represented by Robert Chu, is proposing to replat a portion of a single lot into five separate lots. Lot 3, Block 1 of the Northeast Crossing Addition will become Lots 3A, 3B & 3C, owned by CRR Property Holdings, Inc., Lot 3D, owned by Kroger Texas, LP, and Lot 3E, owned by Arcadia Land Partners 25, Ltd. The proposed replat will legally separate the parcels that were previously divided without going through the process required by city ordinance and state requirements. A remaining portion of Lot 3, Block 1, Northeast Crossing Addition owned by the Emmes Asset Management is not part of this replat and will remain without being replatted. Staff is also recommending that Lots 3A and 3B conform to TC zoning standards as it pertains to building setbacks and building facades facing Walker Boulevard. The Planning & Zoning Commission recommended approval of RP 2011 -02 with the platting variance for conformance of Lots 3A and 313 to the general guidelines of the Town Center district as it pertains to building setbacks and building facades facing Walker Boulevard. COUNCILMAN WELCH MOVED TO APPROVE RP 2011 -02 WITH THE PLATTING VARIANCE FOR CONFORMANCE OF LOTS 3A AND 3B TO THE GENERAL GUIDELINES OF THE TOWN CENTER DISTRICT AS IT PERTAINS TO BUILDING SETBACKS AND BUILDING FACADES FACING WALKER BOULEVARD. COUNCILMAN LOMBARD SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-0. E.0 PUBLIC WORKS E.1 PW 2411 -014 APPROVE THE RENEWAL OF THE INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR THE PARTIAL FUNDING OF THE CONSTRUCTION OF THE NORTH TARRANT PARKWAY PROJECT APPROVED Greg VanNieuwenhuize, Assistant Public Works Director, summarized the item. The City Council is being asked to approve the renewal of the agreement with Tarrant County which authorizes Tarrant County to fund a portion of the construction of North Tarrant Parkway on an annual basis. Staff is recommending approval. MAYOR PRO TEM BARTH MOVED TO APPROVE PW 2011 -014. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.0 GENERAL ITEMS F.1 GN 2011 -070 ADOPTING THE 2010/2011 REVISED BUDGET AND 2011/2012 PROPOSED BUDGET - ORDINANCE NO. 3158 APPROVED Mark Mills, Budget Director, summarized the item. The proposed budget for FY 2011112 was filed with the City Secretary's office on ,duly 29, 2011. This proposed budget was also available at the NRH Public Library and on the City website. All necessary publications and hearings have been completed in compliance with City Charter requirements, special taxing district rules and procedures, and State Law. The FY 2011/12 General Fund budget is based on a 57¢ tax rate, which is the existing rate for the current fiscal year. Revisions to the FY 2010/11 revenues and expenditures have been made to reflect the most current estimates for the current fiscal year. The Budgeted Operating Expenditures are The Capital Projects Budget Expenditures are 201012011 201112412 Fund Revised Proposed General Fund $38,858,705 $37,714,977 Debt Service Fund 10,552,493 8,774,936 Park & Recreation Facilities Development Fund 4,761,757 7,184,608 Crime Control & Prevention District Fund 4,148,899 4,248,216 Promotional Fund 208,937 158,832 Donations Fund 161,454 164,009 Special Investigation Fund 396,410 560,913 Drainage Utility Fund 913,129 855,034 Gas Development Fund 1,239,635 439,881 Traffic Safety Fund 761,580 784,319 Utility Fund 25,897,745 27,027,749 Aquatic Park Fund 4,879,377 4,556,246 Golf Course Fund 2,377,295 2,260,350 Facilities /Construction Management Fund 2,248,692 2,525,971 Fleet Services Fund 2,290,324 3,155,407 Information Services Fund 2,709,608 2,685,339 Self Insurance Fund 9,137,866 9,517,777 The Capital Projects Budget Expenditures are 2011/2012 Fund Proposed Street & Sidewalk Projects $3,105,176 Drainage Projects 1,690,000 Utility Projects 6,585,000 Parks & Recreation Projects 2,133,200 Aquatic Park Projects 90,000 Municipal Facility Projects 2,987,636 Major Capital Equipment Projects 960,000 Economic Development Projects 150,000 C I P — Other 841,436 Total 18,542,448 The City of North Richland Hills Crime Control and Prevention District Board of Directors and the City Council have reviewed the 201012011 revised budget and the 201112012 proposed budget and have recommended approval. Park and Recreation Facilities Development Corporation Board of Directors reviewed the 201112012 proposed budget for all funds and have also recommended approval. As required by law, all legal notices were published. Approval of Ordinance No. 3158 would adopt the FY 2011/12 Budget for all funds, adopt revisions to the FY 2010111 Budget for all funds, adopt the FY 2011/12 Capital Projects Budget, and amend the FY 2010111 Capital Projects Budget. COUNCILMAN WHITSON MOVED To APPROVE GN 2011 -070; ORDINANCE NO. 3158. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -4. F.2 GN 2011 -071 RATIFY INCREASE IN PROPERTY TAX REVENUES REFLECTED IN 201112012 ADOPTED BUDGET APPROVED Mark Mills, Budget Director, summarized the item. When adopting a budget that generates more revenue from property tax than in the previous year, State law requires the City to state the increase in property tax revenue, no matter what the cause; whether the increase is based on increased property values, new construction or an increased tax rate. Staff is proposing a tax rate of 57¢ per $100 of valuation. If adopted, this would be the 19 consecutive year that the City Council has adopted a tax rate of 57¢. While the proposed tax rate has remained the same, an increase in taxable value resulting from new construction has cause property tax revenue for fiscal year 2011/2012 to increase over fiscal year 2010/2011. The language required by the state law is as follows: This budget will raise more total property taxes than last year's budget by $90,438 or 0.44 %, and of the amount $139,325 is tax revenue to be raised from new property added to the tax roll this year. Staff is recommending Council to ratify the increase in property tax revenues reflected in the fiscal year 2011/2012 Adopted Budget COUNCILMAN TURNAGE MOVED TO RATIFY THE INCREASE IN PROPERTY TAX REVENUES REFLECTED IN THE 201112012 BUDGET. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -4. F.3 GN 2411 -072 ADOPTING THE TAX RATE FOR TAX YEAR 2011 - ORDINANCE NO. 3159 APPROVED Mark Mills, Budget Director, summarized the item. The notice of effective tax rate was published in the Star Telegram newspaper on August 8, 2011 and the notice of public hearing on the tax rate on August 10, 2011, in accordance with State law. In addition, the notice of public hearing on the tax rate and the notice of vote on the tax rate were posted on the City's website and carried on Citicable in accordance with State law. The proposed FY 2011112 property tax rate for the City of North Richland Hills is 57¢ per $100 of valuation. If approved, this will be the 19 consecutive year with a 57¢ tax rate. The proposed rate of 57¢ is 2.01 % lower in comparison to the effective tax rate of 58.1718¢. The proposed rate of 57¢ is distributed into two parts as follows: • 35.6419¢ for the purposes of maintenance and operations 0 21.35810 for the payment of principal and interest on debt of the City Adoption of Ordinance No. 3159 would set the tax rate for Fiscal Year 2011112 (Tax Year 2011) at 57¢ per $100 valuation. COUNCILMAN SAPP MOVED TO APPROVE ORDINANCE NO. 3159 SETTING THE FISCAL YEAR 2411/12 (TAX YEAR 2011) TAX RATE FOR MAINTENANCE AND OPERATIONS AT 35.6419¢ PER $140 OF VALUATION, THE TAX RATE FOR THE INTEREST AND SINKING FUND AT 21.35810 PER $140 OF VALUATION, FOR A TOTAL TAX RATE OF 57¢ PER $140 OF VALUATION. COUNCILMAN TURNAGE SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7 -4. F.4 GIN 2011 -073 APPROVAL AND RATIFICATION OF THE 2011 CERTIFIED ROLL - RESOLUTION NO. 2011 -029 APPROVED Mark Mills, Budget Director, summarized the item. Tarrant Appraisal District has provided the City with the 2011 Certified Tax Roll information. This includes the most current appraisal information; exemptions for disabled veterans, persons over 65, homestead and disabled persons; tax ceilings for persons over 65 and disabled persons; abatement value losses; freeport inventory value loss; and agricultural value lost. These values also include new construction, the minimum value of properties still under protest, and the estimated net taxable value of incomplete properties. The certified taxable values for the City of North Richland Hills are $3,618,184,021, which includes $24,442,905 in taxable new construction. This new construction includes $18,246,050 in taxable residential new construction and $6,196,855 in commercial new construction. Staff recommends approval of Resolution 2011 -029 accepting and ratifying the Fiscal Year 2011112 (Tax Year 2011) Certified Tax Roll. COUNCILMAN LOMBARD MOVED TO APPROVE RESOLUTION NO. 2011 -029 ACCEPTING AND RATIFYING THE FISCAL YEAR 201112012 TAX YEAR 2811) CERTIFIED TAX ROLL. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.5 PU 2011 -032 AUTHORIZE PURCHASE OF LED PARKING LOT LIGHTING AT NRH CENTRE & THE PUBLIC LIBRARY FROM BYRNE CONSTRUCTION SERVICES IN THE AMOUNT OF $96,389 APPROVED Bill Thornton, Assistant Parks and Recreation Director, summarized the item. The approved Energy Efficiency Community Black Grant (EECBG) provided by the US Department of Energy (DOE) provides funding for the installation and/or retrofit of LED site lighting at NRH Centre and NRH Public Library. This project upgrades the originally specified metal- halide parking lot fixtures in the parking areas at NRH Centre to more energy efficient LED fixtures. Additionally, the existing metal - halide parking lot fixtures at the Public Library will be replaced with the energy efficient LED fixtures. The total available EECBG funding for this project is $96,400. The Construction Manager at Risk (CMAR) for NRH Centre solicited competitive bids from subcontractors in accordance with City purchasing procedures and federal requirements to upgrade the parking lot lighting fixtures. The fixture upgrades, totaling $96,389, are funded exclusively by the EECBG grant, and therefore do not affect the GMP. The City provides funding up front to the contractor and immediately requests reimbursement from the DOE. The reimbursements are typically realized within one day of request, and no additional City funding is required. Staff recommends authorization for the purchase of LED parking lot lighting at NRH Centre & the Public Library from Byrne Construction Services in the amount of $96,389. MAYOR PRO TEM BARTH MOVED TO APPROVE PU 2011 -432 TO AUTHORIZE THE PURCHASE OF LED PARKING LOT LIGHTING AT NRH CENTRE AND THE PUBLIC LIBRARY FROM BYRNE CONSTRUCTION SERVICES IN THE AMOUNT OF $96,389. COUNCILMAN 'HITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.6 PU 2011 -033 AWARD OF CONTRACT TO THE CORBET GROUP, INC. IN THE AMOUNT OF $561,000 FOR THE CONSTRUCTION OF THE NEW FOOD SERVICE BUILDING AT NRH2O APPROVED Joe Pack, Senior Parks Planner, summarized the item. The approved NRH2O Capital Improvement Program for FY 2010 -2011 included funding for two projects, the new food services building and the new water park attraction. In November 2010 Council rejected bids received for the combined projects and authorized staff to proceed with bidding the new attraction and the food service building separately. Competitive Sealed Proposals (RFP 11 -032) were received on August 30, 2011 from seven contractors to construct the new food service building. One "add alternate" was included to determine the value of a specific project element and to assist in developing a construction contract within the project budget. The City's selections committee reviewed and evaluated the proposals and is recommending award of the construction contract to Corbet Group, Inc. in the amount of $561,000 for the construction of the new food service building at NRH20. COUNCILMAN RODRIGUEZ MOVED TO APPROVE PU 2011 -033 THE AWARD OF CONTRACT TO THE CORBET GROUP, INC. IN THE AMOUNT OF $561,000 FOR THE CONSTRUCTION OF THE NEW FOOD SERVICE BUILDING AT NRH20. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. GA EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Turnage made the following announcements. Four public meetings are scheduled in September to provide the community with the latest information about the construction of the NRH Centre. The meetings will include a brief history of the project, a review of the facility's amenities, an update on the construction progress, and information about programs and membership options. The meetings are scheduled for 9 a.m. on September 15th and 20th and at 6:30 p.m. on September 20th and 22nd. The meetings will be held at the NRH Recreation Center. 6720 NE Loop 820. For more details, please call 817- 427 -6600. Keep NRH Beautiful is seeking volunteers for the annual Trash Bash litter cleanup event on Saturday, September 24. Everyone is invited to participate. Volunteers must pre - register to receive free trash bags, gloves and t- shirts. Contact Debbie York at 817- 427 -6651 to sign up and get more details. The NRH Animal Adoption & Rescue Center will host a Low Cost Pet Vaccination Clinic from 10 a. m. to noon on Saturday, September 24 at Linda Spurlock Park. The clinic will offer rabies vaccinations for only $5. NRH pet license tags will be available for $7 each. For more details, please contact the Animal Adoption & Rescue Center at 817 -427- 6570. Kudos Korner - Josh Oler, Robert Gomez, Jason Dodds, Dwayne Dornquast, Wayne Estep, Steven Lopez and Cory Bain, Public Works Department. A resident expressed thanks to the employees who worked on repaving her street. They were very courteous and efficient and the road looks wonderful, she said. She especially appreciated their hard work in the terrible heat. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:04 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. B.3 GN 2011 -080 Authorize the City Manager to execute a contract with MuniServices, LLC for Sales Tax Compliance Review Services Presenter: Mark Mills, Budget Director Summarv: The City Council is being asked to authorize the City Manager to execute a contract with MuniServices, LLC for Sales Tax Compliance Review Services. The purpose of this agreement is to address perceived anomalies in sales tax collections, identify businesses that are reporting in error and to maximize the collection of sales tax due to North Richland Hills. General Description: Over the course of the last year, staff has identified trends in sales tax collections requiring further investigation. After an initial review of available data and multiple discussions with the State Comptroller's Office, it was determined that a variety of contributing factors existed. In order address these issues and maximize the collection of sales tax due to the City, staff has investigated options for professional assistance. A firm with a local presence was identified. Headquartered in Fresno, California, MuniServices has been providing municipal revenue enhancement services since 1978 and has been operating in Texas since 2001. They have conducted a variety of services for cities in North Texas, which include Dallas, Arlington, McKinney, University Park and others. One service provided by MuniServices is Sales and Use Tax Compliance Review. This service is designed to assist a municipality by detecting, documenting, and correcting sales tax misallocations thereby producing previously unrealized revenue and giving the municipality a more accurate sales tax base on which to forecast its revenue. In providing the Sales Tax Compliance Review service, MuniServices will determine whether businesses are remitting sales and use tax correctly by reviewing payment data made available to the City through the State Comptroller's Office. At the conclusion of their analysis, MuniServices will work to resolve any potential issues identified by contacting each taxpayer in order to confirm the nature of any questionable tax periods. Documentation will be provided to businesses mistakenly reporting tax to other jurisdictions to facilitate a correction. MuniServices will assist businesses, as necessary, in filing returns and making payments for all open tax periods and will provide documentation to the State to secure the transfer of funds to North Richland Hills that were reported to another jurisdiction in error. This service is provided on a contingency 'basis. MuniServices would receive 30% of funds identified and due to North Richland Hills and remitted by the Comptroller for amounts going back four years. Once the filing information has been corrected, MuniServices would receive 30% of future sales and use tax remittance from those businesses for eight (8) quarters. This fee is based on 30% of funds that the City of North Richland Hills would not have otherwise received. Recommendation: Authorize the City Manager to execute a contract with MuniServices, LILC for Sales Tax Compliance Review Services. MuniServices, LLC Services Agreement 1. Us. We are MuniServices, LLC, a Delaware limited liability company, and a wholly owned subsidiary of Portfolio Recovery Associates, Inc.; with an office at 7335 N. Palm Bluffs Avenue, Fresno, California 93711. In this Agreement we are referred to as "MuniServices" or "we ", "our", "us. We use our sister company, RDS, to assist us with work So when we are referred to in this Agreement, we also mean us and our affiliates, and parent company. Sometimes we will refer to you and us as the "Parties." If you need to contact us a short list of helpful contacts is attached as Attachment 3. If you are sending us a notice required by this Agreement, send it to: MuniServices, LLC Attn. Legal Department 7335 N. Palm Bluffs Avenue Fresno, CA 93711 Email: ltual (emuniservices.com Facsimile: 559.312.2957 When providing notice to us, you must also provide a copy of the notice to: PRA General Counsel, 120 Corporate Elv&, Suite 100, Norfolk, VA 23502. All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular mail, or the next day if sent overnight delivery. We do not accept notices by email or facsimile. Notice of rate changes or distribution changes must be sent by certified mail. 2. You. You are the City of North Richland Hills. You are a municipal corporation of the State of Texas. In this Agreement we will refer to you as 'you ", "Your", 'yours". If we are sending you a notice required by this Agreement, we will send it to: City of North Richland Hills Attn: Mark Mills Budget & Research Director 7301 N.E. Loop 820 North Richland Hills, TX 76180 Email: mmillsfa)nrhtx.com Facsimile: 817.42 7.6151 3. Our Services and your payment. W e will provide you with the services listed in Attachment 1 [the "Services" ]. You will pay us the fees listed in that same Attachment. If we are providing more than one Service, each service will have a separate attachment and will be lab el ed Attachment 1 -1, 1 -2, etc. 4. What our Services do not include. We do not provide to you or any third- parties any legal advice or services. We also do not provide tax advice to you or third parties. Also we cannot and therefore do not establish: the tax rates due from taxpayers; and the penalties and fees that are assessed against taxpayers [though we will calculate these amounts for you as part of the Services once you have established the rates]. We also do not determine either the amount of refunds or the proper government account(s) that taxpayer receipts shall be deposited into. S. Term of this Agreement. The term of this Agreement begins on _ . 2011 [the "Effective Date` ] and continues for a period of one -year from the Effective Date. Thereafter the Municipality shall have the option to renew the term of this Agreement for two successive one -year periods by written notice. There are some other ways this Agreement can end and those are found in Article I of the General Provisions, Attachment 2. Na Richland Hills- SUTA 091911 b. General Provisions. The parties are also bound by the General Provisions as set forth in Attachment 2 of this Agreement, which are by this reference incorporated into this Agreement If something in this Agreement contradicts the General Provisions, then what is said in this Agreement governs rather than the General Provisions. The Parties are signing this Agreement on the Effective Date indicated in Section 5 above. MuniServices, UC City of North Richland Hills a Municipal Corporation By: .. By: Marc Herman Mark Hindman Title: President Title.. City Manager ATTEST: By: ug Jensen City Secretary Title: VP Client Services APPROVED AS TO FORM City Attorney No.. Richland Hills - SUTA 091911 ATTACHMENT 1 Standard Sales Tax Compliance Review Article 1- Objectives and Methods MuniServices' Standard Sales Tax Compliance Review is designed to assist Municipality with economic forecasting and in preserving and enhancing its sales and use tax revenues by detecting, documenting, and correcting sales tax misallocations thereby producing previously unrealized revenue for Municipality while giving the Municipality a more accurate sales tax base upon which to forecast its revenue. Article 2 -Scope of Work Procedures In providing the Standard Sales Tax Compliance Review MuniServices shall: • Meet with Municipality's designated staff to review service objectives, scope, procedures, coordination of effort, work plan schedule, public relations, and logistical matters. • Establish an appropriate liaison with the Municipality's coordinator and define logical checkpoints for reviewing progress. • Review the Municipality's sales and use tax ordinances for included provisions, coverage, and classification definitions. • Provide and maintain compliance with the Municipality's sales and use taxes by: • Determining whether the business is remitting the sales and use tax due the Municipality to the state correctly. Specifically, MuntServices shall make this determination by reviewing the payment data available to the Municipality from the Comptroller's Office and generating three main reports to be used for generating the leads: • Top 100 Report - The top 100 sales tax revenue generating businesses In the Municipality complete with payment history. • Significant Anomalies Report - A customizable report designed to discover monthly sales tax anomalies, based on preset dollar value thresholds, that may have been skipped, underreported, or misallocated to an incorrect jurisdiction. • Negative Fund Transfers Report - A report that will track all occurrences of a business filing a refund, amended return, prepaid tax credit, state audit, or an incorrect misallocation. • Having a MuniServices' sales & use tax analyst resolve all leads generated from these 3 reports by contacting each taxpayer in order to confirm the nature of any questionable tax peri ods. • Performing physical canvassing to ensure the accuracy of businesses that have nexus within the Municipality limit. • Providing documentation to businesses mistakenly reporting the tax to another jurisdiction to facilitate a correction of the registration information. Assist the business, as necessary, in filing of returns and making payments for all open tax periods. Provide documentation to the state to secure the transfer of funds to the Municipality that was reported in error to another jurisdiction. I& Richland Hills - SUTA 091911 Article 3- Deliverables Progress Reports MuniServices will provide periodic progress reports to Municipality in the form of status updates. These progre ss reports will also indicate areas in which Municipality staff may further assist and improve the sales tax compliance review activities provided hereunder. MuniServices` progress reports w10 identify errors /omissions detected, documented and corrected and report on other services of benefit to Municipality for the time period covered- Article 4- Compensation What the Municipality will pay MuniServices In exchange for MuniServices performing the work indicated above, the Municipality will pay MuniServices as follows: MuniServices fee for providing this service is a 30% contingency fee based on the revenue received by the Municipality as a result of MuniServices detecting and documenting taxpayer reporting errors which are subsequently corrected. The 30% applies to all revenues corrected for the Municipality for any periods prior to the date of the corrected allocation. The 30% fee also applies to revenues received for the first eight consecutive reporting quarters fallowing correction of the errors and confirmation of receipt of revenue by the Municipality. MuniServices will invoice Municipality within 10 days of notification by the Comptroller of payments (cash payments, installment payments, or other compensation directly benefiting the Municipality) resulting from MuniServices' service. Invoices are due and payable upon receipt. All expenses incurred by MuniServices in providing the Sales Tax Compliance Review are the sole and exclusive responsibility of MuniServices, except those expenses that receive prior written approval of Municipality. Identified Accounts Unless otherwise agreed in writing between the Parties with the same formality as this Agreement, for Identified Accounts as set forth in Article 5 below, MuniServices is not entitled to compensation and is not responsible for or obligated to take any action that needs to be performed to obtain correct allocation of any Identified accounts. Additional Consulting Municipality may request that MuniServices provide additional consulting services at any time during the term of this Agreement. if MuniServices and Municipality agree on the scope of the additional consulting services requested, then MuniServices shall provide the additional consulting on a Time and Materials basis. Depending on the personnel assigned to perform the work, standard hourly rates range from $75 per hour to $300 per hour. These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred. Article 5 -Municipality Obligations Municipality shall assist MuniServices by providing necessary information and assistance to include, but not be limited to, the following: • Providing MuniServices, on a timely basis, information necessary to conduct its compliance review activities including but not limited to monthly tax payment histories. Na. Richland Hills - SUTA 091911 2 • Providing a letter of authorization identifying MuniServices as an authorized agent of Municipality to perform sales and use tax reviews and to receive and examine taxpayer records (hard copy and electronic) necessary to assure sales and use tax compliance and revenue forecasts. • Pursue In good faith corrective action on errors and omissions detected by MunlServlces. • Issue necessary documentation to the state to correct errors validated by MuniServices. * Notify MuniServices within 10 days following receipt by the Municipalityof payments (cash payments, installment payments, or other compensation directly benefiting the Municipality). The parties agree that Municipality and /or the State Comptroller retain exclusive authority and responsibility to administer, interpret and enforce the Municipality s sales and use tax, recognizing that MuniServices' role is limited to employing its unique expertise and proprietary tools for. 1) detecting and documenting errors/ omissions by taxpayers in the application, calculation, collection, and /or remittance of sales and use taxes and, ii) providing Municipality with technical assistance, without assuming or being delegated the authority or responsibility of Municipality to administer, interpret, and enforce its sales and use taxes. Prior to the initiation of the services and at any time during the services, the Municipality shall provide MuniServices with a list of all taxpayer accounts that the Municipality has reviewed to identify misallocations of sales and use taxes (" Identified Accounts "). At the time Municipality identifies such misallocations, it will notify MuniServices by providing a written copy of the Identified Accounts. Then MuniServices will have ten (10) days to present documentation to Municipality proving that it had identified the issue prior to Municipality's claim. If this documentation is not provided, Municipality will not be responsible for compensating MuniServices for the identified reporting issue and MuniServices is not responsible for taldng any further action on any Identified Accounts. Article 6 - Completion of Services Notwithstanding anything else in this Agreement to the contrary, the Municipality will pay MuniServices per the terms of this Agreement for services begun before termination or expiration of the Agreement even if the monies are received after termination or expiration. MuniServlces will provide Municipality with a list of accounts submitted but not yet corrected as of the expiration or termination within a reasonable time after the expiration or termination ( "completion list"). MuniServices Is allowed to continue worldng those accounts on the completion list for a reasonable time to obtain a correction. Na. Richland Hills - SUTA 091911 ATTACHMENT S General Provisions Article I Within 5 business days after signing You will designate, in wrltin5 one individual to whom we may address this agreement. communications concerning this Agreement. This person or such person's designee will be the principal point of contact for us in obtaining decisions, information, approvals, and acceptances. 10 business days after you receive You have until this date to dispute to the invoice, or a portion of it, In writing. our invoice. Your written dispute must be post- marked by this date and must be sent to the addresses in paragraph 1 of the Agreement. (Paragraph 1 is located on the front page of the agreement and is titled "Us ".) 10 business days after we receive We will either correct the error or explain to you why we think the invoice is your written notice that you dispute correct. During this time, we will not try to collect the amount being disputed an Invoice or part of an Invoice. By providing us information, you represent that: 30 days after receiving our invoice. You must pay our invoices) by this date. If you do not pay by that time, we have the right to charge you interest at the rate of one and one -half percent (1.595) per month, or the maximum amount permitted by law, an any amounts you do not pay within thirty days. If we refer your account to an attorney for collection of past due amounts, we may charge you for our reasonable attorney fees, including costs for attorneys who are employed by us, and court costs incurred by us to the extent permitted by law. Any settlement ofyour account balance for less than what Is owed requires our written consent. 40 days after receiving our invoice If you have not paid, and have not disputed an invoice as provided above, then we Aa 2 may terminate this Agreement with no further notice and we have no further obligation to you. When you provide us with By providing us information, you represent that: Information for use 1n the Services. . you have the right to provide us the informationwithout violating the rights of third - parties; • your release of the information to us does not violate any applicable laws and regulations; and • to the best of your knowledge the information is accurate and not defamatory, You will notify us immediately if there is a change in the information you have provided to us. If we send you a report or other You will review all reports we provide to you in a timely fashion and you will deliverable. notify us immediately if you find a discrepancy in any of the information we have provided to you. Upon payment therefore we will grant you all right, title, and interest in and to the reports, charts, graphs, and other deliverables we are required to produce under this Agreement. While the Agreement is effective. We will keep In full force and effect insurance coverage during the term of this Agreement including without limitation statutory workers' compensation insurance; employer's liability and commercial general liability insurance; comprebensive automobile liability insurance; professional liability and fidelity insurance. You may at any time request copies of our certificates. 90 -days after prior written notice. This Agreement terminates for convenience but only if the terminating party sends the notice to the person designated to receive notices under this Agreement (see paragraph 1 or 2, as applicable, of this Agreement). Aa 2 After giving written notice of a breach The non - breaching party may immediately terminate this Agreement if. other than a failure to pay, a the written notice of the breach was sent to the person designated to receive notices for the breaching party under this Agreement (see paragraph 1 or 2, as applicable, of this Agreement); and the breach is not your failure to pay (that situation is addressed separately below.); and • the breach has not been cured in a reasonable time after the breaching party received notice. Ordinarily, 30 days wiIl be a reasonable time to cure the breach but if the party receiving notice of the breach can demonstrate that the breach will rake more than 30 days to cure, the non - breaching party and breaching party will agree on an extended period to cure the breach. After the occurrence of a "financial A party may terminate this Agreement immediately if the other parry experiences default" a "financial default" A "financial default" means: ■ a material adverse change in a pany's financtal condition that adversely affects its ability to perform hereunder, or ■ a party becomes or is declared insolvent or bankrupt; or ■ a party is the subject of any proceedings relating to liquidation or insolvency or for the appointment of a receiver or ■ a party makes an assignment for the benefit of all or substantially all of its creditors; or ■ a party enters into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations. Ifyou experience a "finawlal default" then we may, at our option, declare the entire outstanding amounts and costs owing to us hereunder immediately due and payable. This Agreement is terminated or You remain obligated to: (1) pay us for Services performed through the effective expires. date of the termination or expiration; (2] if applicable, provide us with all the information necessary for us to calculate what you owe us on revenue you receive after the termination or expiration; and (3) if applicable pay invoices we send you after the expiration or termination of this Agreement for Services performed before termination or expiration or for continuing payments required by the Scope of Work or for both. tits 2 Article II. The parties also agree to the following miscellaneous terms. 1 Independent Contractor. We are an independent contractor. Nothing in this Agreement is to be interpreted as: creating the relationship of employer and employee between you and us or between you and any of our employees or agents; or creating a partnership or joint venture between you and us. We am responsible for any subcontractors we use in performing Services for you and we are solely responsible to pay those subcontractors. We may perform similar services for others during this Agreement and you agree that our representation of other government sector clients is not a conflict of interest. 2. Compliance with Laws. The parties agree to comply with all applicable local, state and federal laws and regulations during the term of this Agreement. 3. Intellectual Property. We retain all right, title, and interest in and to the processes, procedures, models, 4. inventions, software, ideas, know -how, and any and all other patentable or copyrightable material used, developed, or reduced to practice in the performance of this Agreement. 4. Waiver. Either party's failure to insist upon strict performance of any provision of this Agreement are not to be construed as a waiver of that or any other of a party's rights under this Agreement at any later date or time. 8. Public Release and Statements Neitheryou nor we nor each of our representatives or agents shall disseminate any oral or written advertisement, endorsement or other marketing material relating to each other's activities under this Agreement without the prior written approval of the other Party. No Party or its agent will use the name, mark or logo of the other Party in any advertisement or printed solicitation without first having prior written approval of the other Party. The Parties shall take reasonable efforts to ensure that its Subcontractors shall not disseminate any oral or written advertisement, endorsement or other marketing materials referencing or relating to the other Parry without that Party's prior written approval. In addition,. the Parties agree that their contracts with all Subcontractors will include appropriate provisions to ensure compliance with the restrictions of this Section. Entire Agreement. This Agreement is the entire Agreement between us and you for the Service(s). This Agreement supersedes and replaces any prior Agreements, of whatever kind or nature, for the Services] Any prior Agreements, discussions, or represcntations not expressly set forth in this Agreement are of no force or effect. No additional terms, Purchase Order Terms and Conditions, or oral or written representations of any kind are of any force and effect unless in writing and signed with the same formality as this Agreement 5. Force Majeure. Neither party is liable for failing to perform its obligations hereunder (other than payment obligations) where performance is delayed or hindered by war, riots, embargoes, strikes or acts of its vendors or suppliers, accidents, acts of God, or any other event beyond its reasonable control 6. Counterparts This Agreement may be signed in separate counterparts including facsimile copies. Each counterpart (including facsimile copies] is deemed an original and all counterparts are deemed on and the same instrument and legally binding on the parties. 7. Assignment. MuniServices may assign this Agreement, in whole or in part, without your consent to any corporation or entity into which or with which MuniServices has merged or consolidated; any parent, subsidiary, successor or affiliated corporation of MuniServices; or any corporation or entity which acquires all or substantially all of the assets of MuniServices. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their successors or assigns. 10. No Oral Modifteation. No modification of this Agreement is effective unless set forth in writing and signed with the same formality as this Agreement. 11. Invalidity. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each party remain valid, binding, and enforceable. 12. Construction. This Agreement is to be construed in accordance with the laws of the State of Texas without regard to its conflict of laws principals. 13. Headings. The section headings herein are for convenience and reference purposes only and are not to serve as a basis for construction or interpretation. An 2 Attachment 3 MunBervices Helpful Contacts Contact Project Role Phone Email Brenda Anderson Client Services Rep. 817.771.4066 brenda anderson0muniservices cam LtsaBroussard VP Client Services Central 713.459.5079 ltsa.broussaW@munis Janis Varney VP Misallocation - SUTA 559.271.3011 lanis.varnevOmuniservices.cam K1rkDtmery SBTA Production AnalVst 559.271.6836 kirk.dimery n+ uniservices.cam Billing Department 559.271.6946 hillinuOrminkervices.cnm Patricia A. Dunn Contract Department 559.271.6852 DatrtciadunnOmuniservtces.com M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. B.4 PW 2011 -016 Approve establishing a Municipal Setting Designation for a 16.081 Acre Tract of Land Known as Lot 1R and Lot 2R -1, Block 1 of Five Star Ford Addition within the City of North Richland Hills, Texas - Ordinance No. 3164 Presenter: Mike Curtis, Managing Director Summarv: QuikTrip Corporation is requesting that the City approve Ordinance No. 3164 which will expand the Municipal Setting Designation (MSD) for the QuikTrip property to include the Five Star Ford property. General Descrivtion: In 2003, HB 3152 created Municipal Setting Designations (MSD). This is a process in which persons addressing environmental impacts to groundwater may be subject to less stringent groundwater investigation and mitigation requirements under the Texas Risk Reduction Program (TRR). A person, typically a developer or property owner, must apply to the Texas Commission on Environmental Quality (TCEQ) for certification of their property as an MSD. This process consists of the following steps: 1. File an application with TCEQ establishing compliance with the eligibility criteria for an MSD. 2. Notify affected municipalities, retail public utilities and private owners of registered water wells. 3. Demonstrate that the property for which the designation is sought is subject to a municipal ordinance or deed restrictions prohibiting potable uses of affected groundwater. 4. Obtain a resolution in support of the application from municipalities and public utilities located within a 5 -mile radius. 5. Satisfy TCEQ (after the 60 -day public comment period) that the application is administratively complete and there are no grounds for denial of the application based on current and future regional water resource needs or obligations. If granted, the applicant will not be required to clean up designated groundwater on their site to drinking water standards. However, other cleanup standards such as inhalation and contact must still be met. The City of North Richland Hills approved the original MSD for the QuikTrip property in Ordinance No. 3107 on August 23, 2010. Now the QuikTrip Corporation would like to expand the limits of the original MSD to include the Five Star Ford property. This request requires that Council take two actions. One is to approve an ordinance establishing regulations on the designated property (which is the 3 rj step listed above and is this council ag item) and the other is to approve a resolution supporting the MSD (which is the 4 step above and will be presented on the next agenda item). ProDertv Description: The property is located at the southwest corner of Rufe Snow Drive and the Loop 820 Frontage Road. The property was the site of dry cleaning operations from the late - 1980s through the mid- 1980s. Five Star Ford purchased the property in 1997 and took occupancy in 1998. During a subsurface site investigation, groundwater contamination was discovered less than 10 feet below the surface. QuikTrip is proposing to address the groundwater contamination through the TCEQ process of a MSD ordinance. A site specific geotechnical report has been submitted to the city by QuikTrip indicating that some volatile organic compounds (VOCs) were detected in the groundwater. The report also indicates that, because of the shallow depth of the contaminated groundwater and the geographical formations below the surface, the downward migration of the contaminated groundwater would not be probable. Representatives from QuikTrip's geotechnical and environmental consultants will be available at the Council meeting to address any questions pertaining to the site. Recommendation: To approve Ordinance No. 3164 SITE MAP Pr000sed Municioal Settina Desicination QT 878 and Five Star Ford SWC of N.E. Loop 820 and Rufe Snow 270' North Richland Hilts, Texas Project No. 16550.7 Scale Feet HEIED ENC31NEEBLN-a IGROUP r!N'VfftOWFNtA1 C01.1 2424 STUTZ DRIVE, SUITE 4W DALLAS. TX 75235 SITE MAP I FIGURE 1 RH. AN ORDINANCE ENACTING REGULATIONS NECESSARY FOR THE ESTABLISHMENT OF A MUNICIPAL SETTING DESIGNATION FOR A 16.081 ACRE TRACT OF LAND KNOWN AS ALL OF LOT 1 AND LOT 2R- 1, BLOCK 1 OF FIVE STAR FORD ADDITION WITHIN THE CITY OF NORTH RICHLAND HILLS, TEXAS; ESTABLISHING A PENALTY AND PROVIDING FOR PUBLICATION WHEREAS, the City Council has been requested to establish prohibitions against the pumping, extraction and use of groundwater pursuant to Section 401.005, Texas Local Government Code and Section 361.0865(a)(2) Texas Health and Safety Code at a site specific location in the City in order to support a Municipal Setting Designation under Subchapter W of Chapter 361, Texas Health and Safety Code; and, WHEREAS, the City of North Richland Hills is a municipality with a population in excess of 20,000 and owns its own retail public utility system; and, WHEREAS, the City Council finds that such request is appropriate and that this Ordinance is necessary to protect the health and safety of persons within its corporate limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: The pumping, extraction and use, whether potable or otherwise, of groundwater less than 100 feet deep beneath property described on Exhibit A hereto by any persons other than retail public utilities is hereby prohibited. Section 2: Any person, firm or corporation violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. PASSED AND APPROVED this the 26th day of September, 2011. In F-11 a 11*3 6 Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney F-11:21:21 Z191TA =1 D7 :1tip texeiel ►10 =1 r 16 Mire Curtis, Managing Director M.S.D. SURVEY PROPERTY DESCRIPTION BEING A 16.081 ACRE TRACT OF LAND SITUATED IN THE JAC VANDUSEN SURVEY, ABSTRACT NO. 1588, CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, BEING ALL OF LOT 1R AND LOT 2R-1, BLOCK 1 OF FIVE STAR FORD ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD IN INSTRUMENT NUMBER D21105 OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, �O.P-R-T.C.T.), SAID 16.081 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLCANSi BEGINNING AT A TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) BRASS MONUMENT FOUND FOR THE SOUTHERLY END OF A CORNER CLIP AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NORTHEAST LOOP 820. (A VARIABLE WIDTH PUBLIC RIGHT-CF-WAY) WITH THE WESTERLY RIGHT-OF-WAY LINE OF RUFF SNOW DRIVE. (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY); THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THE FOLLOWING: SOUTH 00 WEST, A DISTANCE OF 105.04 FEET TO A TXDOT BRASS N10NUMENT FOUND FOR CORNER. SOUTH 03'52'20' EAST, A DISTANCE OF 63.19 FEET TO A TXDOT BRASS MONUMENT POUND FOR CORNER; SOUTH 00'14'35" EAST, A DISTANCE OF 21.87 FEET TO A 518-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY + PARTNERS" FOUND FOR THE SOUTHEAST CORNER OF SAID LOT 1 R; SOUTH 00` EAST, A DISTANCE OF 223.34 FEET TO A 518-INCH IRON ROD WITH BLUE PLASTIC CAP STAMPED "GORRONDONA & ASSOC,, INC" FOUND FOR THE SOUTHEAST CORNER OF SAID LOT 2R-1 AND BEING IN THE NORTH LINE OF LOT A, BLOCK 12 FOSSIL CREEK TRAILS ADD] AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-87, PAGE 46, O-P.R T.C.T-; THENCE SOUT 89 WEST ALONG THE CONIL LINE OF SAID LOT 2R-I AND SAID LOT A, AT A DISTANCE OF 889.53 FEET PASSING THE NORTHEAST CORNER OF LOT 1 OR, BLOCK 9, REPLAT MEADOW LAKES, BLOCK 9, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-216, PAGE 76, O-P.R.T.C.T., CONTINUING ALONG THE COMMON LINE OF SAID LOT 2R-1 AND SAID REPLA7 MEADOW LAKES, BLOCK 9 AT A DISTANCE OF 1331-63 FEET PASSING THE NOR H%AJEST CORNER OF LOT 6R, BLOCK 9 OF SAID REP! -AT MEADOW LAKES, BLOCK 9 SAME BEING THE NORTHEAST CORNER OF LOT 5, BLDC 9, MEADOW LAKES, BLOCK 9, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-200, PAGE 98, O.P.R3,C.T.. CONTINUING ALONG THE COMMON LINE OF SAID LOT 2R-1 AND SAID MEADOW LAKES, BLOCK 9, IN ALL FOR A DISTANCE OF 1731.64 FEET TO A CUT "X" FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 2R-1, THE V40RTHVVEST CORNER OF LOT 1, BLOCK 9, OF SAID MEADOW LAKES. AND BEING IN THE EAST LINE OF LOT 3, BLOCK 1, 5ASL,RQ0561 i%ISD- PRCPERT. DESCRIPTInN dn(-- pArp i r)p I MEAClU1,'!+' LAKES, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS .ACCORDING - rn rUC 01 A°r TLJC017 -YnC 'DCf IRI lJnl r IRAF - IQP_It':'l DA('_= ')Q C"1 DOT T - 91 i rs9cx t.� rwKa o ars 49* a EXHI f 1 r> �h] la ti0. Sd0 -177. /6 F#. 1 'w,f 0 t1PR9Cl � wx �� Hp • �'� 3 'Er IM ler _ fM9r "�' 169.18 Y •s' „6. M. .D. SURVEY w 7 r nw[ 5F - x h rOfi9 ryrMn +�I ��`� {.�'{� +�I wf 4 ROCR 3 /�d Pq"JIw[A TK$ 1 6• 0 8 1 ACR 9/WT_p 4' 69` 3 ' •. M z O+ sN fr 0 L9T . a cm ilier+me rn. 2ns.. /c.,a 0 100 200 Lm s (pgS[I 1 L _ 5 •.x3• SCALE; 1" = 200' N OTES BEARINGS SHOWN HEREON ARE BASED ON LOT m 9.10k: THE SOUTHERLr RICH T OF-TVAf LI;1E Or N .E. LOOP 820, HEING THE SAmE AS RECORDE7 IN 4CPI.4a rC.rtrxw �r €s, VOLUME 16079. PACE 147, OP R. T.C.S. S f='C i9 6a 5B' 2, A FIELD NOTE DESCRIPTiCN WAS REPARED LO, ON EVEN DATE Tp ACCOMPANY THIS SKETCH. i t LOT 2R -1, BLOCK t FIVE STAIR FCAD ADDITION S. THIS SURVEY REFLECTS T-IE $t�UNL3A:R"! �qr m i INST. NO. D211055406, OPRTCT swul$" °'r AND Ex1STING BUILDINGS ON'.Y'. w - I 94.523 ACRD ,S r 633.606 Sc71a R'C rCEI > LE GEW • OPRTD.T OFFICIAL PUBLIC RECORDS TARRANT COUNTY TEXAS p INST NO INSTRUMENT NUMBER . Z P O -B POINT OF EEGINI+INC } „ yn P PK NAIL FCU'4D p* BM ON BRASS MONUMENT I r 1 CIRF 5/8" IRON ROD WTI-t YELLD3Y PLASTiC 0 -. CAP STAVPED "BURY +PARTNERS' f(x,ND r iGN I CDN TF3'01 MONUkIEN CAB CABINET SL. SLIDEj�' w4�Ew> ..a I - + ® vC VOLUME+ f k''• 1' as PC. PAGE 1 s+ r DAVIT) J. €]-k rEiRDT ?� � . ........ ..... �ewne [awl 1 91 apA aLOM 17 XX eat .z' . a.l7 z�' X w•a � f if .. VV TOM pr+cce. MAILS �:. LOT 1 Nr, N3LDClC )wE e a FIVE STAIR FORD u3 -n. we .s 9eterel 3 A[YDITICAI � 1NST. NO. D211D5544N1 pAV1Q J. D IROT. R -P L -S. DATE DPRTCT ®.cY TEXAS REGISTRATION NO 5066 * cc»l r4 aS'17'42' E 1 �.tt. 9 ACRES 1 7. 594 rJaE rEEi T ry 67 E j� r Y ZI.. ` " 1G. E NG1 P7I E R NG S4LofTI Q NS -TsK " car O.C. Iota S .p'044 9' s 531D Harvest Hill Road. Sant 190 r cr 5 RUFE SNOW 5 O&Q 14` a 08 52-60' Dallas, Texas 75220 DR1VE Tel. (972) 991 -0011 Fax 1972) 991 -6276 °'c am••� 2 s 0a,52`20` I 8nry +ParLners -DFW, Inc_CDCopyrighL 2011 _ s.awr- u.wwn of �sl�l' - 7BPE No. F -1013 D 6-23 -11 C � JOB f;dD. 31,5'61 - N 0 i s 1 i I DR 3 TJ O F SH EE T 3 EE C 3 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. B.5 PW 2011 -015 Approve a Resolution in Support of the Application to the Texas Commission on Environmental Quality for a Municipal Setting Designation on a 16.081 acre site known as Lot 1 R and Lot 211- Block 1 of Five Star Ford Addition — Resolution No. 2011 -031 Presenter: Mike Curtis, Managing Director Summarv: Council is being requested to approve a resolution supporting the application to the Texas Commission on Environmental Quality (TCEQ) for a Municipal Setting Designation (MSD) on the Five Star Ford property. General Description: As mentioned in the previous Council agenda item, in 2003, HB 3152 created Municipal Setting Designations (MSD). This is a process in which persons addressing environmental impacts to groundwater may be subject to less stringent groundwater investigation and mitigation requirements under the Texas Risk Reduction Program (TRR). The process consists of the following steps: 6. File an application with TCEQ establishing compliance with the eligibility criteria for an MSD. 7. Notify affected municipalities, retail public utilities and private owners of registered water wells. 8. Demonstrate that the property for which the designation is sought is subject to a municipal ordinance or deed restrictions prohibiting potable uses of affected groundwater. 9. Obtain a resolution in support of the application from municipalities and public utilities located within a 5 mile radius. 10. Satisfy TCEQ (after the 60 -day public comment period) that the application is administratively complete and there are no grounds for denial of the application based on current and future regional water resource needs or obligations. This agenda item addresses part of step number 4 listed above which is to approve a resolution supporting the application to the TCEQ establishing the MSD property. QuikTrip Corporation is trying to obtain TCEQ approval for a MSD for property located at the southwest corner of Rufe Snow Drive and the (Loop 820 Frontage Road. The City of North Richland Hills considered an ordinance in the previous agenda item prohibiting the use of groundwater for potable purposes at the designated location. In addition, the application to the TCEQ must include resolutions from cities located within a 5 -mile radius of the MSD property indicating support. The attached resolution that Council is being asked to approve indicates the City of North Richland Hills' support. QuikTrip Corporation will also need to obtain resolutions in support from the cities of Richland Hill and Hurst. As mentioned in the previous agenda item if granted, the applicant will not be required to clean up designated groundwater on their site to drinking water standards. However, other cleanup standards such as inhalation and contact must still be met. Recommendation: To Approve Resolution No. 2011 -031 SITE MAP Proposed Municipal Setting aesianation QT 878 and Five Star Ford SWC of N.E. Loop 820 and Rufe Snow a 05' 270' North Richland Hill's, Texas Project No. 16550.7 Seale Feet Cl ENGINEEf�IN �F. IROuP 6Nk•4RLWMENTFL CULTAFIfS 2424 STUTZ DRIVE, SUITS 400 DALLAS, TX 75235 I SITE MAP FIGURE 1 M RH 10**QWil0IQ►I►161W'IT+1 I111+1K]i A RESOLUTION IN SUPPORT OF THE APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION A 16.081 ACRE SITE DESCRIBED HEREIN. WHEREAS, on this date, the City Council, approved Ordinance Number 3164, prohibiting the use of shallow groundwater at a 16.081 acre site in the city more fully described in Exhibit "A "; and WHEREAS, the City Council of the City of North Richland Hills, Texas, made a finding that it is in the best interest of the public and the city to facilitate the efforts of QuikTrip Corporation, to secure a municipal setting designation with the Texas Commission on Environmental Quality (TCEQ) for said Site; and WHEREAS, Applicant has filed an application with the TCEQ for certification of a municipal setting designation for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W, and have provided notice of such application to the City of North Richland Hills; WHEREAS, Texas Health and Safety Code, `361.8065 provides that an application to the TCEQ for a municipal setting designation will not be certified unless the application is supported by a resolution adopted by certain entities, including the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the property for which the designation is sought; and WHEREAS, the City of North Richland Hills owns or operates groundwater supply wells located not more than five miles from the boundary of said Site; and WHEREAS, Applicant has continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site; and WHEREAS, the certification of a 'Municipal Setting Designation for the Site is in the best interests of the community; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. The City of North Richland Hills supports Applicant's application to the Texas Commission of Environmental Setting Designation on the Site described in Exhibit A hereto. PASSED AND APPROVED this the 26th day of September, 2011. la ATTEST: Patricia Hutson, City Secretary 11 WKS]ML A d:1N DUIW -Al ki 113: 111 Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney F-11:21:21 ZT91TA =1 I1 :1'1 11*i0I61 `r 10 =1 ►16 Mike Curtis, Managing Director M.S.[lSURVEY PROPERTY DESCRIPTION BEING A 16081 ACRE TRACT OF LAND S|TJATEO |N THE J.K{ VANDUSEN SURVEY, ABSTRACT ND. 1588. CITY OF NORTH RiCHLANDN|LLS. TARRANT CQUNTY, TEXAS, BEING ALL OFLOT 1R AND LOT 2R-1, BLOCK 1 OF FIVE STAR FORD ADDITION, AN ADDITION TO THE CITY OF NORTH R|CHLAN0 HILLS, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD IN INSTRUMENT NUMBER D211055406 OFFICIAL PUBLIC RECORDS OFTARRANT COUNTY, TEXAS' (O.F\RT.CT-). SAID 18.081 ACRE TRACT OF LAND BE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT /\ TEXAS DEPARTWENT OF TRANSPORTATION <T%DOT) BRASS MONUMENT FOUND FOR THE SOUTHERLY END OF A CORNER CLIP AT THE INTERSECTION OF THE SOUTHERLY R|GHT'OF-WAY LINE OF NORTHEAST LOOP 828. (A VARIABLE VV|OTH PUBLIC RIGHT-OF4VAY)VV|TH THE WESTERLY R|GHTOP4VI4Y LINE OF RUFE SNOW DRIVE. (A VARIABLE VVIDTH PUBLIC RIGHT-OFAIVAY): THENCE ALONG SAID WESTERLY R|GHT-{]F'vYAY LINE, THE FOLLOWING: SOUTH O0 WEST A DISTANCE OF 105.04 FEET TO ATXODT BRASS MONUMENT FOUND FOR CORNER: SOUTH 03°52'20" EAST, A DISTANCE OF 83.78 FEET TO A T%OOT BRASS MONUMENT FOUND FOR CORNER; SOUTH 00 EAST A DISTANCE OF2187 FEET TOA5/8-|WCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY + pARTNFRS^ FOUND FOR THE SOUTHEAST CORNER {JF SA LOT 1F{: SOUTH 00^12'44` EAST, A DISTANCE OF 22384 FEET TO 5/8-/NCH IRON ROD WITH BLUE PLASTIC CAP STAMPED '� INC;' FOUND FOR THE SOUTHEAST CORNER OF SAID LOT 2R-1 AND BEING IN THE NORTH LINE OF LOT A, BLOCK 12 FOSSIL CREEK TRAILS ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS ACCORDING TO THE PLAT THEREOF RECORDED iN VOLUME 388'&7 PAGE 4G.0.P.RT.CT.; THENCE SOUTH 88�51'44 WEST ALONG THE COMMON LINE OF SAID LOT 2R'1 AND SAID LOT A.ATA DISTANCE [)F88D-53 FEET PASSING THE NORTHEAST CORNER OF LOT 1DR. BLOCK 9. REPLAJkJEADOVV L4KE8, BLOCK 9, AN ADDITION TO THE CITY OF NORTH R|CHLAMD HILLS ACCORDING T(J THE PLAT THEREOF RECORDED |NVOLUME 388'216 PAGE 76. OP.RTC.T., CONTINUING ALONG THE COMMON LINE OF SAID LOT 2R'1 AND SAID RE9LAT MEADOW LAKES, BLC{;K SATA DISTANCE OF 1331.63 FEET PASSING THENORTHYVEST CORNER OF LOT 6R BLOCK S OF SAID BEPLAT K6EAO{W LAKES. BLOCK Q SAME BEING THE NORTHEAST CORNER OF LOT 5. BLOCK 9'MEADOW LAKES, BLOCK 9. AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-200. PAGE AD, C}P.RT.CT., CONTINUING ALONG THE COMMON LINE DF SAID LOT 2R-1 AND SAID MEADOW LAKES, BLOCK 0 IN ALL FORA DISTANCE OF 1731.84 FEET TO A CUT ^X' FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 2R'1 THE NORTHWEST CORNER {}F LOT 1.BLOCK 9, OF SAID MEADOW LAKES, AND BEING IN THE EAST LINE OF LOT 3, BLOCK 1. S/SuR\3056 1-1on}uRV30561'101\180- PROPERTvDESmaIPnOm-dnc PAGE 1 OF 3 MEADOW LAKES, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-123, PAGE 28, 0,P.R.T.C.T_ THENCE NORTH 0W13'33" WEST ALONG THE COMMON LINE OF SAID LOT 2R-1 AND SAID LOT 3, A DISTANCE OF 169.18 FEET TO A PK NAIL FOUND FOR MOST WESTERLY NORTHWEST CORNER OF SAID LOT 2R-1, THE NORTHEAST CORNER OF SAID LOT 3 AND BEING IN THE SOUTHEASTERLY LINE OF 75-FOOT WIDE RIGHT-OF-WAY DESCRIBED IN DEED TO TEXAS ELECTRIC SERVICE COMPANY RECORDED IN VOLUME 2861, PAGE 10, O. P. R,T C,T, ; THENCE NORTH 65 EAST ALONG THE COMMON LINE OF SAID LOT 2R-1 AND SAID TEXAS ELECTRIC SERVICE COMPANY RIGHT-OF-WAY, A DISTANCE OF 654.54 FEET TO A PK NAIL FOUND FOR CORNER; THENCE NORTH 65'47'22" EAST, CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 64.56 FEET TO THE POINT OF INTERSECTION OF SAID COMMON LINE WITH THE AFOREMENTIONED SOUTHERLY RIGHT-OF-WAY LINE OF NORTHEAST LOOP 820 THENCE ALONG SAID SOUTHERLY RIGHT-OF-VVAY LINE THE FOLLOWING SOUTH 8W56'59' EAST AT A DISTANCE OF 1,78 FEET PASSING A TXDCT BRASS MON FOUND, CONTINUING IN ALL FOR A DISTANCE OF 735.40 FEET TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; SOUTH 85'38'24" EAST, A DISTANCE OF 148.12 FEET TO A T. BRASS MONUMENT FOUND FOR CORNER NORTH 89'17'42" EAST, A DISTANCE OF 71.22 FEET TO A TXDOT BRASS MONUMENT FOUND FOR CORNER, NORTH 87'11'20" EAST, A DISTANCE OF 83.48 FEET TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; SOUTH 40'04'49" EAST. A DISTANCE OF 52.60 FEET TO THE POINT OF SEGININING; CONTAINING A COMPUTED AREA OF 700,506 SQUARE FEET OR 16,081 ACRES OF LAND. NOTES: A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS DESCRIPTION. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY RIGHT-OF-WAY LINE OF N.E. LOOP 820, BEJPJG THE SAME AS RECORDED IN VOLUME 16079, PAGE 147, O,P-R-T.C.T. OF 7 �- UP S:1SUR30561-10kSUM30561-10 MSD- PROPERTY DESCRPTtON.110c PAGE 2 OF 3 Lox A 9kO4 LC. 7 n 11 LAC wl, 0a +c. ES x0. {Pn }.T w r y 169 Id' s"n LOT I w< x KOOK ; OF"' 1 LOT 2 "+(.p AKKA.M »LS ain7 oL M 9i c 204 .pj $ iNll mA l m. � � L '�+rr a+ ^cT +r Ik"O LOT W. IILOGS. '+ r,1s 3TAa r Oi® and PAOC RKK� R LOT a 7RC N EL CTRL - co~ OWI R Ia LOT S o+R *€T L( TI 4A � -SxlRR vOl xR RAai>.w yoelxex Fat eR LOT 2111-1, BLOCK 1 RYE STAR FOM Afl[IITiON sTm w7 INST. NQ O21TOd8HQf1" OPRTO:T t yTyT LOT .04 :m 1 I } I I i.i1LAr " Fal(aN4 14.523 ACRES 637.6m swARE FEET N a z z -s laver � 1 20 o EXH 13 A ar I.S.D. SURVEY 16.081 ACRES z 1 6mor—MI 0 100 200 SCALE: 1 " _= 200' Y_ BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY RIGHT- OF -- +VAY LINE OF &E. LOOP 820, BEING THE SAME AS RECORDED IN VOLUME 16079, P A.r,E 147, i+ P R TC T. 2. A FIELD NOTE DES.CRIPTICN WAS REPAREO ON EVEN [SATE TO ACCOMPANY THIS 51TETCH. 3. TH45 SURVEY REFLECTS THE 80 NDARY AND EXISTING.. BUILDINGS ONLY_ t b 1 OPRTCT IN ST NG, P U -8 PKF SMON CIRF "R.w4 1 i7.s sau+✓a� FEET `w .1 aIAIlsr,err .maod[rs++.1 wmo. Assw3A Wows 1 n - C " LOT 2111-1, BLOCK 1 RYE STAR FOM Afl[IITiON sTm w7 INST. NQ O21TOd8HQf1" OPRTO:T t yTyT LOT .04 :m 1 I } I I i.i1LAr " Fal(aN4 14.523 ACRES 637.6m swARE FEET N a z z -s laver � 1 20 o EXH 13 A ar I.S.D. SURVEY 16.081 ACRES z 1 6mor—MI 0 100 200 SCALE: 1 " _= 200' Y_ BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY RIGHT- OF -- +VAY LINE OF &E. LOOP 820, BEING THE SAME AS RECORDED IN VOLUME 16079, P A.r,E 147, i+ P R TC T. 2. 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SUR\30561- 1Q\5E<RV'�3561 -10- IPSO- EXH.dwq modified by ncbe ,s: -.- of Jun 23, 2011 - 9. -D5om M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. B.6 PW 2011 -017 Approve the Closing and Abandonment of a Portion of Lewis Road Located within the Smithfield Corners Addition in The City of North Richland Hills, Tarrant County Texas - Ordinance No. 3152 Presenter: Mike Curtis, Managing Director Summarv: The City Council is being asked to approve Ordinance No. 3152 which would abandon the remaining portion of the Lewis Road right -of -way. General Descriration: Lewis Road from Newman Road north to Davis Boulevard (southeast quadrate of Davis Boulevard and Mid - Cities Boulevard) was dedicated as a public right -of -way by E- Sytems Pool Trust several years prior to Mid- Cities Boulevard being extended from Davis Boulevard to Precinct Line Road. In 1993 Mid- Cities Boulevard was extended east to Precinct Line Road and Lewis Road was closed. Council approved Ordinance No. 1942 to abandon the portion of Lewis Road that was in conflict with the Mid - Cities extension that same year. Staff has not been able to find any information in city records indicating why only a portion of the right -of -way was abandoned in 1993 and not the entire right -of -way for Lewis Road. In 2000 the southeast corner of Davis Boulevard and Mid - Cities Boulevard was platted as the Smithfield Corners addition. The plat showed the portion of Lewis Road that was vacated by the 1993 ordinance and it showed the remaining portion to be vacated by the Smithfield Corners plat. However since the original right -of -way dedication for Lewis Road was accomplished by a separate document and not by a plat, the remaining portion of Lewis Road could not be vacated by plat. Ordinance No. 3152 abandons the remaining portion of Lewis Road and is identified in Exhibit "A" (attached). This section of right -of -way represents that portion that was originally planned to be abandoned by the Smithfield Corners plat. If approved by Council the entire Lewis Road right -of -way between Newman Road and Davis Boulevard will be abandoned. Recommendation: Approve Ordinance No. 3152 which will abandon the remaining portion of the Lewis Road right -of -way M RH AN ORDINANCE CLOSING AND ABANDONING A PORTION OF LEWIS ROAD IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS. WHEREAS, The City Council has been requested to abandon a portion of Lewis Road; and, WHEREAS, the City Council has determined that the street right of way is no longer required or convenient for street use, but that these are public utilities located within such right of way; NOW THEREFORE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, +CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT, that portion of the street known as Lewis Road described in Exhibit "A" hereto is hereby abandoned and closed for street use; provided, however the City shall retain easement within such abandonment right of way for the purpose of maintaining existing public utilities located therein. PASSED AND APPROVED on this the 26th day of September, 2011. 011 WKS] M , I 15C A d:1 N IN: I>!'_1 `I II:I I I ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary f 1, �:ZGl ►1=I IFAZ r 11911191 N k►, W :1► II1l I *r]',1 I I w'if George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, Managing Director Exhibit "A" L. _rb P POI 192184 n Nz'i Zl- - nr-� . F al MAI "T Z– ,so LOTS fR - PH, St OCK I SMMIFELD CORNERS wn, a M- . CCX I 0 44 AI:MM OP WAPLW rufty, MVWL�r � im QfT � WW I PCI"�9 � 4 10 TAN AWr C! wrv. c"� —4. I�m P�T F"o N C�- r JL m ry 4-WOOM — M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. B.7 GN 2011-082 Authorize Contract with Redflex Traffic Sysems, Inc. to Administer Scofflaw Program Presenter: Frank Fiorello, Technical Services Sergeant Summary: The City of North Richland Hills has a contract with Redflex Traffic Systems, Inc. to provide a traffic safety camera program aimed at improving traffic safety for the citizens using our roadways. The Texas Legislature has provided a provision that more strongly encourages violators to honor the civil penalties they receive. The Scofflaw Program seeks to invoke the provisions of that legislation. General Description: The contractor has reviewed the files of past due violators and finds that the City of North Richland Hills has nearly 15,000 violators that owe approximately $1,493,000 in past due civil penalties. This program will only target those violators that are 91 days past due and longer, which brings the number of violators to approximately 14,150 owing approximately $1,390,000 in penalties. The program will filter the past due scofflaws to those that (1) owe $75 or more, (2) are 91 days are more in arrears and (3) the vehicle registration information at the time of the offense is still current. The contractor will provide electronic files to TxDPS that will notate on the violators' next vehicle registration renewal notice that the civil penalty must be reconciled before the vehicle registration will allowed to be renewed. This action is enabled by authority granted in Section 702.003 and 707.017 of the Texas Transportation Code. The City Attorney has reviewed the contract and other documents and his suggested changes have been accepted by the contractor and incorporated into the documents. All funds collected from this program must be deposited in the traffic safety fund per State law and expended per City Council policy. Recommendation: To approve the Scofflaw Services Contract administered by Redflex Traffic Systems, Inc. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. C.0 PUBLIC HEARINGS No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. E.0 PUBLIC WORKS No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. F.0 GENERAL ITEMS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. F_1 GN 2011 -081 Appointments to Planning & Zoning Commission & Capital Improvement Advisory Committee - Place 5 & Ex Officio Presenter: Patricia Hutson, City Secretary Summarv: The Place 5 position on the Planning & Zoning Commission & Capital Improvement Advisory Board is vacant. Councilman Whitson is presenting for Council's approval his nomination of Kathy Luppy who currently serves in the Ex Officio positions. Mayor Trevino will present his nomination for the Ex Officio position for Council's approval. General Descrirstion: Dianna Madar who served in Place 5 on the Planning and Zoning Commission and Capital Improvement Advisory Committee submitted her resignation. Councilman Whitson is recommending that Kathy Luppy, who is currently serving in the Ex Officio position on the Planning and Zoning Commission and the Capital Improvement Advisory Committee, be appointed to the Place 5 position. Ms. Luppy's term will expire June 2013. Mayor Trevino is recommending that Gerald "Jerry" Tyner be appointed to fill the positions vacated by Ms. Luppy. Mr. Tyner currently serves on the Red Light Camera Committee. Mr. Tyner's term of office will expire June 2012. Recommendation: To consider the appointment of Kathy Luppy to the Place 5 position on the Planning and Zoning Commission and the Capital Improvement Advisory Committee, term expiring June 30, 2013 and the appointment of Gerald Tyner to the Ex Officio position on the Planning and Zoning Commission and the Capital Improvement Advisory Committee, term expiring June 30, 2012. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. F.2 GN 2011 -074 Approval of Amendments to the Youth Advisory Committee Bylaws - Ordinance No. 3162 Presenter: Kristin Weegar, Senior Management Assistant Development Services Summarv: The Youth Advisory Committee's Executive Committee members met over the summer to revise the Committee's Bylaws so that they align with Ordinance No. 2226, and upon closer review decided to make a few additional changes outlined in more detail below. General Description: Over the past summer, the Youth Advisory Committee's (YAC) Executive Committee members met to review the current Committee Bylaws. They found some discrepancies between what Ordinance No. 2226 requires and what the Committees Bylaws require. The following chart summarizes the changes made to the bylaws in order to make them conform to the requirements stated in the ordinance: Ordinance No. 2226 16 Member Committee Current Bylaws 12 Member Committee Revised Bylaws 16 Member Committee Executive Committee made up of Chairman, Vice Chairman, Secretary and Treasurer Two written reports to City Council are required each academic year. One will be given by January 31"and the second by May 31 st Executive Committee made up of Chairman, Vice Chairman, Secretary and At Large Member One final report shall be given to City Council at the end of the Academic Year Executive Committee made up of Chairman, Vice Chairman, Secretary and Treasurer Two reports to City Council are required each academic year. One will be given by January 31S and the second by May 31s As the Executive Committee further reviewed the Bylaws, they felt a few additional changes were necessary. The following table outlines additional changes the Executive Committee felt necessary: Current Bylaws Revised Bylaws Reasoning New members are appointed at the end of the previous academic year Requires the establishment of a separate Community Service Committee At Large Executive Committee Member Meetings of the YAC Executive Committee will be held once a month Members missing more than 3 regular meetings of the committee will automatically be removed from YAC New members are appointed at the beginning of the current academic year This will allow for easier recruiting because kids are looking for new activities to start at the beginning of the school year more so than at the completion of the year The Executive Committee felt that the duties Removes the requirement to performed by this establish the Community committee can easily be Service Committee accomplished by YAC as a whole in their regular meetings This was changed to "Treasurer" to conform with the ordinance, additional responsibilities were given to this position in regards to the creation and management of the budget To conform to the ordinance and give the Treasurer duties that are normally completed by a person holding that office Meetings of the YAC Executive Committee will be held as needed throughout the year Members missing more than 3 meetings of the committee may not be recommended for appointment to YAC the following year YAC Executive Committee meetings are not always needed once a month. Allows for more discretion in regards to removal of committee members due to poorattendance The above changes do not alter the activities of the Youth Advisory Committee, nor do they alter the spirit in which the committee was created. Most importantly, the revisions bring the bylaws into conformance with Ordinance No. 2226. The Youth Advisory Committee has reviewed and approved the above changes to the YAC Bylaws. Recommendation: Approve the amendments to the Youth Advisory Committee Bylaws. City of North Richland Hills Youth Advisory Committee Proposed Bylaws Statement of Purpose The Youth Advisory Committee will serve as a liaison between the City Council and the youth of the community on issues affecting youth, and will encourage the positive growth and development of youth by involving them in social, cultural, recreational, community service and other drug and alcohol free activities. Section 1 The Committee North Richland Hills Youth Advisory Committee will consist of 16 members from area private schools, public high schools or accredited secondary schools who are residents of North Richland Hills. Youth Advisory Committee Membership is open to anyone who attends a North Richland Hills public or private high school(s) and or an accredited secondary school and who are residents of North Richland Hills. Eligible members must also demonstrate an interest in leadership, community service and civic affairs. Active Group Representation Active Group Representatives are those members who attend area public or private high schools within North Richland Hills, but are not residents of the City. Active Group Members are involved in committee activities but are not appointed to the Board nor have any voting rights. Section III Membership Terms 1. All Committee members will serve a one year term. 2. One Year Term a. A one year term will be for one academic year, which consists of a fall and spring semester. b. The academic year will begin in August and conclude the following May and be consistent with all area school's academic calendars. Section IV Selection Process 1. All Youth Advisory Committee Members will be appointed by the City Council of North Richland Hills. 2. Recruitment Process a. Committee Members and the staff liaison will be responsible for advertising and distributing materials and applications for the Youth Advisory Committee during the academic year. b. The Chairperson and the staff liaison will get consensus from the Youth Advisory Committee to place the applicants on the agenda for the first City Council Meeting following the first regular Youth Advisory Committee meeting of the academic year. c. Committee members will be appointed by the City Council. 3. Re- application Process a. Members whose terms are expiring, who are not graduating, and are in good standing are eligible to re- apply. b. All re- appointments are automatic, without City Council Approval, if the member is not graduating and is in good standing. c. The deadline for re- application is the conclusion of the academic year. Section V City Staff Subject to the approval of the City Manager, the Youth Advisory Committee will use the facilities and personnel of the City to assist in carrying out of its activities. The City Manager will appoint a staff liaison to serve the Youth Advisory Committee. Section VI Executive Committee The Executive Committee will consist of four officers: a chairperson, vice chairperson, secretary and treasurer. The executive committee will be the leaders of the Youth Advisory Committee. 1. Duties and Responsibilities a. Set the agenda for all regular meetings of the Youth Advisory Committee. b. Submit a proposed budget for the academic year to the Youth Advisory Committee for their approval. c. Review and make proposed changes to the Youth Advisory Committee by -laws. d. Initiate social, cultural, recreational and community service projects and events for the academic year. e. Discuss any other business related to the Youth Advisory Committee. 2. Executive Committee Officers a. Chairperson i. The chairperson is responsible for leading all meetings of the Youth Advisory Committee to ensure every item on the agenda is addressed and completed in a timely manner. The chairperson also will ensure meetings are in compliance with all laws, ordinances, and the Youth Advisory Committee By -laws. ii. The chairperson will meet with the staff liaison regularly to discuss the business of the Youth Advisory Committee. iii. Will oversee all social, cultural, recreational and community service projects or events. iv. The chairperson will represent the Youth Advisory Committee during presentations to the City Council. v. Will approve resignations of and remove any executive officers when necessary. vi. May remove members of the Executive Committee who are neglecting their duties and responsibilities. vii. Call special meetings of the Youth Advisory Committee. b. Vice chairperson i. Will serve as the chairperson in his or her absence c. Secretary i. Is responsible for taking minutes at the Executive Committee and Regular meetings of the Youth Advisory Committee. ii. The Secretary must post submit the minutes to city staff before the next meeting of the Youth Advisory Committee. d. Treasurer i. Will represent the General membership on the Executive Committee. ii. The Treasurer will manage the current year's Youth Advisory Committee budget, and manage the creation of the 'budget for the next academic year. Both activities will be in cooperation with the Staff Liaison. iii. The Treasurer will carry out any responsibilities given to him or her by the Youth Advisory Executive Committee or the Youth Advisory Committee Chairperson. 3. Officer Elections a. Officers will be elected by the Youth Advisory Committee Members by a simple majority. b. Nominations will be conducted at the April meeting of the Youth Advisory Committee during the Academic Year. i. The chairperson will open the floor for nominations. ii. The chairperson will close nominations once all nominations are complete. iii. Members who are nominated must verbally accept the nomination before being included on the ballot c. Elections will occur at the May meeting of the Youth Advisory Committee during the Academic Year. i. The chairperson will open the floor for final nominations. ii. The chairperson will close nominations once all nominations are complete. iii. Members who are nominated must verbally accept the nomination before 'being included on the ballot. iv. The chairperson will allow time for each candidate to speak. v. The chairperson will then allow for discussion. vi. The chairperson will then close the discussion and call for a vote. vii. The City Staff Liaison will be responsible for counting the votes and announcing the winners of each officer position immediately following the vote. 4. Term of Office a. Newly elected Officers will assume their offices immediately following the election results. b. Each Officer will serve a one year term. Section VII Meetings of the Youth Advisory Committee Executive Committee The Youth Advisory Committee Executive Committee shall hold public meetings on the first Wednesday of each month during the academic year at a location and time agreed upon by the Executive Committee Members. The Executive Committee has the authority to change the meeting date. 1. Purpose of the Meetings a. Set the agenda for the regular meeting of the Youth Advisory Committee. b. Plan social, cultural, recreational and community service projects and events. c. Review the proposed budget for the coming academic year. d. discuss any other business of the Executive Committee and the Youth Advisory Committee. e. Hear report from the Staff liaison on any issues or business concerning the Youth Advisory Committee. 2. Voting at Executive Committee Meetings a. Each member of the Executive Committee has one vote, except the chairperson b. In the event of a tie, the chairperson will cast a single deciding vote. 3. Attendance at the Executive Committee Meetings a. Attendance is required by all Executive Committee Officers. b. Executive Committee Officers who miss more than 2 meetings in an academic year will automatically be removed from the Executive Committee. i. The Executive Committee Officer that is removed will not be eligible to appeal their removal, nor be eligible for reinstatement for the remainder of the academic year. ii. The removed Officer will still be an active general member of Youth Advisory Committee in good standing. 4. Special Meetings a. A special meeting of the Executive Committee can be called by the chairperson or the City Staff Liaison. Section VIII Regular Meetings of the Youth Advisory Committee As needed, the Youth Advisory Committee Executive Committee shall hold public meetings on the first Wednesday of each month during the academic year at a location and time agreed upon by the Executive Committee Members. The Youth Advisory Committee has the authority to change the date. 1. Purpose of the Meetings a. Plan social, cultural, recreational and community service projects and or events. b. Discuss and approve proposed budgets for the academic year. c. Discuss Recruitment and give consensus on applicants for the Youth Advisory Committee. d. Invite guest speakers to speak on matters pertaining to the youth of the North Richland Hills. e. Discuss any other business related to the Youth Advisory Committee. 2. Voting at the Youth Advisory Committee Meetings a. Each member of the Youth Advisory Committee has one vote, except for the chairperson. b. In the case of a tie, the chairperson will be able to cast a single deciding vote. 3. Attendance at the Regular Meetings of the Youth Advisory Committee. a. All members are required to attend the Regular Meetings of the Youth Advisory Committee. b. Any member who misses more than three meetings within their given term may not be recommended for approval the following year. Section IX Meeting Requirements All meetings of the Youth Advisory Committee shall be in accordance with the Texas Opens Meetings Laws. At all the meetings of the Youth Advisory Committee, the presence of a majority of the committee members then in office shall be necessary and sufficient to constitute a quorum. Section. X Meeting Procedures The Committee will use Robert's Rules of Order to govern their meeting procedures. Section XI Community Service The Youth Advisory Committee will identify and carry out one community service project or event per semester. Section XII Social Cultural and Recreational From time to time the Youth Advisory Committee will identify and organize social, cultural and recreational projects and events for the youth of North Richland Hills. Section XIII Report to Council The Youth Advisory Committee shall present a mid -year and end of year report to the City Council on their activities during academic year. Section XIV Resignation and Removal of Members From The Youth Advisory Committee A member of the Youth Advisory Committee may resign or be removed from the Youth Advisory Committee. 1. Resignation a. A member of the Youth Advisory Committee who wishes to resign may do so by writing a letter of resignation to the chairperson or City Staff liaison. b. The resignation will be placed on the agenda of the next Regular Meeting of the Youth Advisory Committee. At the meeting Committee members will approve the resignation and allow the member to leave in good standing. A good standing resignation will mare that member eligible to re -apply for the next academic year. c. Failure to write the letter will result in continued membership on the Youth Advisory Committee. 1. Automatic Removal from the Youth Advisory Committee: a. Members of the Youth Advisory Committee will be automatically removed from the Youth Advisory Committee for the following reasons: i. If a committee member is violation of any law, ordinance, or school policy that could undermine the Members ability to be an example to the Youth Advisory Committee and other youths of the community. ii. A member who moves outside the city limits of North Richland Hills will automatically be removed from the Youth Advisory Committee. These members will leave in good standing. b. Members who are removed automatically from the Youth Advisory Committee will receive a letter from City Staff Liaison after the date of removal notifying them of their final status. c. Members who are automatically removed from the Youth Advisory Committee under Section XI I I Number 2a (i) and (ii) will not be in good standing with the Youth Advisory Committee. 4. Re- Application of Removed Members a. All members who are removed from the Youth Advisory Committee, and are not in good standing, are not eligible to re -apply to the Youth Advisory Committee until the next academic year. b. Applicants who were removed and were not in good standing must submit two letters of recommendation a long with their application to the Youth Advisory Committee. i. Letters of recommendations will be accepted from the following sources: principals, teachers, guidance counselors, coaches, civic or youth organizations, churches and/or members of the clergy, employers, city employees in a managerial or supervisory position, and elected officials. Section ACV Vacancies 1. Executive Officers a. If the Chairperson position is vacated for whatever reason, the Vice - Chairperson automatically becomes the Chairperson and assumes all duties and responsibilities of that position. i. All other vacant Executive Committee positions will be selected by the Youth Advisory Committee membership. ii. If a vacancy occurs for an officer position, other than the chairman, thirty days or more from the next Executive Committee elections than the chairman will appoint a replacement to serve out the remainder of the term. iii. If a vacancy occurs for an officer position, other than the chairman, thirty days or less from the next Executive Committee elections than the position will remain vacant until the next election. 2. Regular Members of the Youth Advisory Committee a. If a position on the Youth Advisory Committee is vacated thirty days or more from the conclusion of the academic year, a person will be appointed to serve the remainder of the vacant term. i. The appointment process will follow the guidelines set out in Section IV of these Bylaws. b. If a position on the Youth Advisory Committee is vacated thirty days or less from the conclusion of the academic year than that position will be not filled until the end of the vacant term. Section XVII Winter and Summer Breaks The Youth Advisory Committee will not meet during the winter and summer breaks or during other periods when school is not in session. The Executive Committee does have the authority to call a special meeting of the Youth Advisory Committee during these time periods. Section XVII Youth Advisory Committee Budget If funds are available for the Youth Advisory Committee for the next academic year, the committee, as a whole, will create a budget at the first Youth Advisory Committee meeting of the spring semester. 1. The Budget Process a. The Executive Committee, during an Executive Budget Worksession to be held as early as possible in February, and will review and recommend changes to the budget that the staff liaison sees fit. b. The proposed budget will then receive final approval from the entire committee at the next Regular Meeting of the Youth Advisory Committee in March for the next academic year. c. The City Staff Liaison will present the proposed budget to the City Manager for consideration in the next operating budget. d. The City Council will approve the budget along with their approval of the City operating budget. Section XVIII Setting Rules and Procedures The Youth Advisory Committee is authorized to set rules and procedures as it sees fit so long as it doesn't violate any laws, city ordinances or the Committee's By -laws. Section XIX Amending Bylaws The Youth Advisory Committee is authorized to amend its By -laws for the conduct of its authorized activities, subject to the approval of the City Council. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Subject: Agenda Item No. F.3 GN 2011 -075 Approval Advisory Committee Date: 9 -26 -2011 of New Committee Members to the Youth Presenter: Kristin Weegar, Senior Management Assistant Development Services Summary: The Youth Advisory Committee (YAC) currently has 8 vacancies. Below is a recommendation to fill all vacancies which will bring this committee back to the original number of 16. General Description: The Youth Advisory Committee (YAC) currently has 8 vacancies. The following new members are recommended for appointment: Rachel Andrews — Richland High School — Grade 11 Rebekah Brand — Birdville High School — Grade 11 Hayden Hunter — Richland High School — Grade 10 Benton Orr — Richland High School — Grade 11 Stephanie Phillips — Richland High School — Grade 10 Brittany Prough — Birdville High School — Grade 11 Sara Smith — Richland High School — Grade 10 Leon Zajimovic — Richland High School — Grade 10 These new appointments are in accordance with the Section 2 -171 of the Code of General Ordinances. YAC has 8 members that are returning in good standing. Including: Rachel Becker — Birdville High School — Grade 12 Mason Chaney — Richland High School — Grade 10 Rebecca Cooper — Richland High School — Grade 10 Melissa Cruz — Birdville High School — Grade 12 Ruby Hernandez — Birdville High School — Grade 12 Alicia Hindman — Birdville High School — Grade 12 Brandon Vinson — Richland High School — Grade 12 Nicole Zajimovic — Richland High School — Grade 12 Recommendation: Approve the Youth Advisory Committee's recommendations for new committee members for the 2011/2012 Academic Year. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. F.4 GN 2011 -083 Amend Article I of Chapter 62 of the North Richland Hills Code of Ordinances and the Rules and Regulations Applicable to Parks - Ordinance No. 3166 Presenter: Vickie Loftice, Managing Director Summarv: Staff is recommending amendments to Article I, Chapter 62 of the North Richland Hills Park and Recreation Code of Ordinances. The amendments include revisions to the existing ordinances as well as new ordinances that will assist in the protection of park users and resources, while addressing enforcement issues. General Description: The Parks and Recreation Code of Ordinances and Rules and Regulations are found in Article 1, Chapter 62 of the North Richland Hills Code of Ordinances. The attached ordinance provides recommended revisions to the existing ordinance, which are highlighted in the attachment, with the new ordinances beginning at Sec. 62.11. The proposed ordinances include regulation of the following areas: weapons, fireworks, controlled access, use of alcoholic beverages, park hours of operation, environmental disturbance, fires, signage, hunting in parks, unauthorized entry onto reserved facilities, animals in parks and on trails, swimming, boating, fishing, motor vehicles, motorized devices, use of skateboards, sales of goods and services and overnight camping. New ordinances also include the establishment of other rules and regulations, severability, penalty and publication. The Parks and Recreation Board reviewed and made recommendations to the revised and proposed ordinances on April 4, 2011 and June 6, 2011. Along with the city attorney, several departments reviewed the revisions including the Police Department, Fire Department, Municipal Court and Neighborhood Services. Staff also reviewed the proposed revisions with City Council during the September 12 Work Session. Recommendation —Approve Ordinance No. 3166. ORDINANCE NO. 3166 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 62 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND THE RULES AND REGULATIONS APPLICABLE TO PARKS; PROVIDING A PENALTY, FOR SEVERANCE AND FOR PUBLICATION. WHEREAS, staff and the North Richland Hills Parks Advisory Board gave recommended adoption of these revised rules and regulations; and WHEREAS, the City Council finds that the adoption of these revised rules and regulations is necessary to the expansion of facilities and the need to provide reasonable regulation of public parks and recreational facilities; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: Section 1. Article I of Chapter 62 of the North Richland Hills Code of Ordinances is amended to read as follows: F-11A0 ]1:8MI' KC] *►14:7:11 Sec. 62 -1. - Hours of operation. All parks will henceforth have hours of operation during which the public may use said park; those hours will be from 5:00 a.m. to 11:00 p.m. unless otherwise posted at a park or facility. It will be unlawful for any person or persons to use, loiter, congregate, trespass or assemble in said park at times other than during the hours of operation, unless the use is for an event or sporting activity which is supervised and approved by the director of parks and recreation, or his designee. The city may authorize hours of park use, different from those stated above, if the city manager deems it in the public interest. City employees and law enforcement officers or as otherwise designated by the city manager may enter the aforesaid park at any time in the course of their employment. Sec. 62 -2. -Alcoholic beverages. No person shall sell, consume or possess alcoholic beverages in any city park or park facility except for events in the following areas and subject to the following conditions: The NRH Centre and Civic Plaza located at 6000 Hawk Ave, • Stormy Plaza — 9010 Grand Ave for special events; NRH — during non - general public hours of operation. Alcohol shall only be permitted during private and exclusive events. 1. All sales shall be by a vendor approved by the city with all applicable licenses. 2. Alcoholic beverages will not be consumed except at events for which permission has been granted as required by city policies. Sec. 62 -3. - Speed limits. The city does hereby deem it a necessity to establish speed limits in city parks and recreational areas to protect the general public when using said public facilities. Henceforth, after the effective date of this article, the speed limit in city .parks and recreational areas will be ten mph for all motorized vehicles and operation of a motor vehicle at any speed in excess of ten miles per hour shall be prima facie evidence that the speed is not reasonable and prudent under the conditions then existing. Sec. 62-4. - Parking. In those parks, which provide designated parking spaces, it is henceforth unlawful to park other than in the spaces provided or to use more than one parking space per motor vehicle. Motor vehicles shall be parked between the lines, not on or over them. An exception to parking on paved designated spaces shall be made as directed by the city during special events. The city shall designate areas for parking during such events. For the purpose of this section, the term "parked" shall be defined to include parked unattended vehicles, parked attended vehicles, vehicles which have stopped but are still occupied and the engine of the vehicle is still running, and standing motor vehicles. Sec. 62 -5. - Authority to close park; notice. Henceforth, the city manager, or his designee, is authorized to close ;portions of or all of a park to motor vehicles' traffic on a temporary, permanent or hourly basis at his sole discretion, if he deems it to be in the public interest. In order to effect closure the city manager shall file with the city secretary a letter stating the period of closure or the hours thereof and have a notice posted in said park stating the extent and nature of closure„ once the notice has been posted, the unauthorized removal of said notice will not be a defense, but may be used for mitigation of punishment in the municipal court. The posting of the notice in the city park is prima facie evidence of notice, and the state shall only be required to show that the notice was in fact posted. Sec. 62 -6. - Litter. No person shall throw or deposit litter in any park within the city, except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. Sec. 62 -7. - Closing facilities. Pursuant to section 62-1, the city manager or his designee, is hereby authorized to establish hours of operation for city park facilities where buildings and structures are involved in the public enjoyment of said facilities. The city manager or his designee, shall have the authority to close all or any portions of the city's parks to use when weather or other conditions make the grounds hazardous or unfit for activities. The city manager, or his designee, shall make a good faith effort to notify all interested parties at the earliest possible time. The procedure and presumptions outlined in section 62 -5 are hereby incorporated. Sec. 62 -8. - Entry on closed or permit only athletic fields. (a) Generally. It shall be unlawful for any person other than a city employee or a contractor performing athletic field maintenance to enter upon a city athletic field that has a sign posted "Closed due to Maintenance /Field Conditions." (b) Entry on permit only fields. Fenced athletic fields and athletic fields which have been marked and prepared for games may be posted with signs limiting use to teams with a permit therefore. It shall be unlawful for any person other than a city employee to enter a posted field except pursuant to a reservation permit issued pursuant to authority of the city parks staff or as otherwise designated by the city manager. (c) Green Malley Park and Soccer Complex. Green Valley Park and Soccer Complex, a community park with eight open soccer fields, shall be available for unstructured general use on the fields without the requirement of a permit unless a soccer field has a sign posted "Closed due to Maintenance /Field Conditions" or similar language. Team practices, team scrimmages and unauthorized games at Green Valley Park and Soccer Complex will not be permitted without written consent from the parks and recreation department or as otherwise designated by the city manager. A team practice is defined as a coach or adult led practice with players from a team or combination of teams who have gathered for the purpose of structured team practice and or drills. (d) Posting of signs. The city manager, or his designee, is authorized and directed to post the signs provided for above on or adjacent to city athletic fields. (e) Penalty. In the event of a youth team practice or scrimmage, the adult or coach directing the group shall be issued the fine and not the team of youth players or minors. Fines for unauthorized adult team practices or scrimmages may be issued to all adults that are occupying the athletic field that has a sign posted "Closed for Maintenance" or "For Use by Permit Only" at the discretion of the officer issuing the citation or as otherwise designated by the city manager. Sec. 62 -9. - Penalty. Violation of this article shall be punished by a fine as provided in section 1 -13. Sec. 62 -14. -Youth programs standards of care. The City Council of the City of North Richland Hills hereby adopts the City of North Richland Hills Youth Programs Standards of Care for providing basic child care regulations for day camp activities operated by the North Richland Hills Parks and Recreation Department. As required by V.T.C.A. Human Resources Code § 42.041(b)(14), the standards adopted by this section include staffing ratios; minimum staff qualifications; minimum facility, health, and safety standards; and mechanisms for monitoring and enforcing the adopted local standards. A substantial copy of the City of North Richland Hills Youth Programs Standards of Care is attached hereto and incorporated herein for all intents and purposes and shall be available on the city's website under the parks and recreation subhead. Sec. 62 -11 - Prohibited activities. The following actions are prohibited in all parks and recreational facilities of the city: (a) Weapons. The possession or use of a firearm, pellet gun, air soft gun, paintball gun, bows and arrows, slingshots or any device capable of projecting any object which would or could create injury to another or wildlife or is otherwise considered a potential danger to the public; provided, however, such prohibition shall not apply to the carrying of handguns by duly licensed Texas peace officers or holders of valid Texas concealed handgun permits. (b) Fireworks. The possession or use of fireworks, hobby rockets or any device or object which would or could create a fire or the conditions which a fire would be likely to occur or any similar danger to the public, except with the written approval of the parks and recreation director and the Fire Department. (c) Unauthorized entry onto reserved facilities/scheduled activities. Entry onto a reserved facility or area, or a location where scheduled activities are occurring, during the period that the area or facility is reserved or during the scheduled activity and remain or return there after the person has been given notice to leave. Reserved facilities and areas, and scheduled activities, include but are not limited to: indoor and outdoor facilities, meeting rooms, gathering areas, camps, and classes, athletic fields and their support/adjacent areas and facilities. (d) Restroom use. Engaging in or soliciting any lewd and lascivious or criminal activity in or near any public restroom located at or in a park facility. No person over the age of eight (8) years shall use the restrooms and washrooms designated for the opposite sex unless assistance is needed because of a disability. (e) Controlled access. Entry into any controlled access portion or any specially designated area of any park facility, except by authorized city personnel. (f) Environmental disturbance. It shall be unlawful to intentionally remove, damage, deface, cut, carve, mark, transplant, break, pick, or in any way injure, damage, or deface any plants, trees, shrubbery, vegetation, rock, minerals, soil, turf, grass, and/or other personal property within or upon any parks, parkways, greenbelts, or other recreational areas. It shall further be unlawful to plant any type of plants in any park, parkway, greenbelt, or other recreational area or facility without prior approval of the parks and recreation director. (g) Fires. The starting of a fire except in enclosed fireplaces or grills provided for this purpose, except with written permission from the fire chief, or his authorized agent and /or representative, and the parks and recreation director in designated park areas. Privately owned charcoal grills are not permitted on grass areas or on picnic tables located in parks. It shall be unlawful to leave a park area without extinguishing a fire. (h) Golfing. The hitting of golf balls of any type in a park facility, except in areas specifically designated for this purpose. (i) Signs. 1. Placement of any permanent sign on or in any parks facility or area except by city employees or agents or contractors of the city in the performance of maintenance, construction or repair duties for any park facility. 2. Placement of temporary signs except on reserved facilities and areas, at permitted events, and at scheduled activities previously approved by the parks and recreation department. 3. The parks and recreation director or delegate may limit the location, size and materials for any temporary sign in order to prevent any damage to park facilities or injury to persons using the facilities. (j) Hunting. Hunting, trapping, killing, removing or releasing of any animal in any park, greenbelt, open space or property managed by the Parks and Recreation Department save and except for fishing subject to Texas Parks and Wildlife Rules and Regulations. This provision does not apply to city employees while performing official city business. (k) Animals. Riding, driving, leading or letting loose any animal, reptile or fowl of any kind, except in designated areas. These restrictions shall not apply to dogs and cats when restrained by a leash. Such leash shall at all times serve as a connection between the dog or animal and the person that accompanies the dog or other animal. The person accompanying the animal must be in control of the animal at all times. No person shall tie or restrain an animal by attaching its leash to fencing, trees, benches, bleachers, poles or other park facility infrastructure. Dogs and other animals are not permitted inside park facility buildings, playground areas or athletic fields. Any person accompanying a dog or other animal shall immediately clean up any feces left by such animal. A person commits an offense if the owner or person that accompanies an animal fails to visibly have in his or her possession, materials that can be used to immediately remove and dispose of any feces the animal produces. Animals that are trained to assist the handicapped are permitted in all park facilities. (1) Swimming, boating and fishing in parks. 1. It shall be unlawful for any person to utilize any creek, pond, lake, stream or any other body of water in any park in the city to, among other things, swim in, boat in, wade in, or pollute any creek, pond, lake, stream or any other body of water in any park in the city unless such activity is specifically authorized and permitted by the parks and recreation director and/or any other regulation and policy. 2. Electric or gas powered motorboats are unlawful on all water bodies except by approval from the parks and recreation director. Electric powered, remote controlled, model boats are allowed. 3. Fishing, with appropriate Texas Parks and Wildlife licenses, shall be permitted only from the banks of any creek, pond, lake or other body of water in any park. No trot - lines, throw lines, fish traps or nets shall be permitted. (Fish may not be cleaned in any park. 4. This subsection shall not apply to any municipally owned or operated swimming facilities. (rn) Motor vehicle and motorized device use. The regulations and restrictions specified in this section govern both licensed and unlicensed motor vehicles and motorized devices in the outdoor areas and facilities owned, leased, or otherwise controlled by the City of North Richland Hills Parks and Recreation Department. 1. Motor vehicles. A person commits an offense by operating, driving, or riding any motor vehicle within a park facility on a surface other than a road, street, or parking lot. This provision is not applicable to city motor vehicles, emergency vehicles, or motor vehicles that have received a city permit authorizing its operation. 2. Motorized devices. A person commits an offense by operating, driving, or riding any motorized device in a park facility other than on improved roads, streets, or parking lots. This provision is not applicable to city motorized devices, to motorized devices that have received a city permit authorizing its operation, to golf carts operated on a city maintained golf course, or motorized devices used to assist handicapped or physically impaired individuals. Segways and electric hybrid bicycles are deemed motorized devices for the purpose of this subsection. Segways and electric bicycles less than 1' 2 mph are allowed on the trails. (n) Leaving child under age ten unattended. It shall be unlawful for a parent, guardian, or other adult having care, custody and/or control of a child to abandon or in any way leave unattended a child (under ten years of age) in any park or other recreational facility, except for a supervised program or activity. (o) Dumping in Parks. It shall be unlawful for any person to dispose of trash, trees limbs, brush, grass clippings, plants and any debris or material into a park or into any publicly controlled and /or maintained property. (p) Discharging of Pool Water. It shall be unlawful to drain swimming pool back wash into a park or adjacent property. All swimming pool back wash and drainage shall be disposed of into the city sanitary water system through lines and equipment installed in accordance with the city plumbing code. Pool back wash may be used for personal irrigation purposes. Back wash shall not be drained into the public right -of -way. (q) Use of Skateboardslln -line SkatesfScooters. Using skateboards, in -line skates and scooters except in designated locations and in accordance with posted rules. Sec. 62.12 - Activities requiring a permit or facility use agreement. Generally. It shall be unlawful for any person to do any of the acts specified in this section in or upon any park facility except with a permit or facility use agreement issued by the parks and recreation director or designee. If a permit or facility use agreement is issued under this section, the parks and recreation director or delegate may limit the activity to a designated park facility. (a) Park hours. To enter or remain in any park facility between the hours of 11 p.m. and 5 a.m. unless different hours for the park facility have been designated or unless different hours have been posted. (b) Sale of goods and services. To sell or offer for sale any food, drinks, confections, merchandise, or services unless provided through a city concessions contract or permit. (c) Commercial or business activities. To conduct any commercial or business activities of any kind for which: any participation or admission fee is charged or revenue is otherwise derived; or, distributing commercial promotional materials or advertising. (d) Overnight Camping. Overnight camping shall be unlawful except by special permit issued by the parks and recreation director for designated park areas. Each person shall observe and obey all park rules and regulations and restore their campsite area to its original condition. (e) Parking. A person commits an offense by parking a motor vehicle, other than a city vehicle, within a park facility at any place not designated as a parking area. Motor vehicles in violation of this subsection may be either issued a citation and/or towed and stored at the owner or operator's expense in accordance with state law. 1. Overnight parking. A person commits an offense by parking a motor vehicle within a park facility overnight except by special permit issued by the parks and recreation director or designee for designated park areas. Motor vehicles in violation of this subsection may be issued a citation and/or towed and stored at the owner or operator's expense in accordance with state law. 2. Freight vehicles. A person commits an offense by operating or parking a motor vehicle or trailer designated for transporting freight, merchandise, brick, stone, or gravel within a park facility, including parking lots. This provision does not apply to motor vehicles or trailers used in the performance of city construction, repair, or maintenance. Freight vehicles in violation of this subsection may be issued a citation and/or towed and stored at the owner or operator's expense in accordance with state law. �f) Bicycle riding in parks and on bike trails. Bicycle riding shall be governed by safe riding practices and consideration for use of parks by others. Where special parking provisions have been made for bicycles, parking shall be limited to that area. Bicycle riding shall be prohibited in playgrounds, flowerbeds, pedestrian -only sidewalks, tennis courts, athletic courts, picnic pavilions, fishing piers and/or any other areas designated by the city. (g) Charging admission to city owned or controlled facilities. No person may, without permission charge admission to parks. The parks and recreation director or delegate may approve request on the part of individuals or groups utilizing parks to 1 . Charge admission to the city owned or controlled facilities, 2. Control the movement of pedestrians in vehicles in or on the facilities included in the request; 3. Sell tickets or otherwise make admission charges in amounts set by the then current fees set forth in this article or 4. Deny admission to persons who refuse to pay the approved admission charges, or any combination of the above. (h) Use of Bounce Houses, Carnival Rides, Pony Rides and Attractions in Public Parks. The use of bounce houses, carnival rides, pony rides, and other attractions are unlawful except by special permit issued by the parks and recreation director or designee for designated park areas. These types of attractions are allowed at selected parks throughout the city. Bounce houses, carnival rides and attractions, if approved by permit, must be generator powered and provided by the permit holder. (i) Use of Parks for Special Events and Groups of 100 or more. The use of public parks for special events is unlawful except when permitted by the parks and recreation director or delegate as well as other city departments as required for the safety and security of the public. Gatherings or groups of 100 or more must have a permit for use of the park. Picnic pavilions are available for rental through the parks and recreation department. Sec. 62.13 - Establishment of other rules and regulations. The parks and recreation department may adopt additional rules, regulations, and policies governing the management and operation of park facilities. A current copy of those rules and regulations shall be maintained on file in the administrative offices of the parks and recreation department and available on the city's website. Violations of rules posted at particular sites shall constitute grounds for eviction from the facility as well as an offense punishable hereunder. Section 2. 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 3. Penalty. Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 4. 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. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 26th day of September, 2011. in ] 11 WKS]M0IQA9:1:1[91:IW'_1►1N1:III Oscar Trevino, Mayor r1a11 16 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Vickie Loftice, Managing Director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. G.0 EXECUTIVE SESSION ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. H.1 Announcements - Mayor Pro Tern Barth Presenter: Mayor Pro Tern Tim Barth Announcements The North Richland Hills Public Library will hold its annual book sale from 9:00 a.m. to 4:00 p.m. on Saturday, October 1st. Many of the books being sold are donations that the library was unable to use in its collection. Other items were removed from the collection throughout the year. All proceeds from the sale will go towards the purchase of new books. The Library is located at 9015 Grand Ave. For more information, please c a l l 817 -427 -6814. Join the North. Richland Hills Police Department in celebrating the 28th. Annual National Night Out on the evening of October 4 Residents are encouraged to turn on their porch lights and gather with their neighbors to show unity against criminal activity. Please contact the Police Department at 817- 427 -7021 to register your neighborhood event. Area residents are invited to learn about the North Texas 2050 plan on Thursday, October 6 at 'North Richland Hills City Hall. The presentation will begin at 6:30 p.m. in the City Council Chambers. Danny Scarth, Fort Worth City Councilman and a regional representative from the Vision North Texas Committee, will present the North Texas 2050 Plan recommendations. All interested citizens are encouraged to attend. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Jeff Smith, Elliott Huff, Clayton Weathers, Eric Gudjohnson and David Nock, Fire Department — A resident sent a card thanking these employees for pulling him from under a fallen tree. He really appreciated the outstanding care they provided. 'What a blessing they are to have in our city," he said. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -26 -2011 Subject: Agenda Item No. H.2 Adjournment