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Home My WebLink AboutCC 2006-10-23 Agendas . . . CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 23,2006 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2006-105 Northeast Transportation Services End Of The Year Report (10 Minutes) A.3 IR 2006-113 Implementation of Burglar Alarm Permit Ordinance (10 Minutes) A.4 IR 2006-114 Red Light Enforcement (10 Minutes) A.5 IR 2006-115 Richland Tennis Center Programs and Operations (10 Minutes) A.6 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 October 20,2006 at D~óC) ~,m., 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 OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 23,2006 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: o Library on the Friday prior to the meeting (available electronically) o City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.O . A.1 A.2 A.3 Call to Order - Mayor Trevino Invocation - Councilman Turnage Pledge - Councilman Turnage Special Presentation( s) and Recognition( s) - Proclamation 2006 Red Ribbon Week - Presented by Councilwoman Suzy Compton A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.O . 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 . . . . B.1 B.2 B.3 B.4 C.O D.O E.O E.1 F.O F.1 F.2 Member so requests, in which event the item will be removed from the Consent Agenda and considered. Approval of Minutes of October 9, 2006 City Council Meeting PW 2006-036 Approve City-Developer Agreement with Arcadia Land Partners 16, Ltd. for Impact Fee Reimbursement for Sewer Lines located in Home Town / Town Center Development - Resolution No. 2006-089 PW 2006-037 Approve City-Developer Agreement with Arcadia Land Partners 16, Ltd. for Impact Fee Reimbursement for Water Lines located in Home Town NRH West, Phase III - Resolution No. 2006-090 GN 2006-096 Authorize City Manager to Approve the Proposal from Professional Service Industries, Inc. for Materials Testing and Inspection Services at new Library in the Amount of $27, 183 - Resolution No. 2006-092 PUBLIC HEARINGS No items for this category. PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category PUBLIC WORKS PW 2006-035 Approve Amending Section 54-102(b) of the North Richland Hills Code of Ordinances and Approve Speed Limit Changes on FM 1938 (Davis Boulevard) - Ordinance No. 2909 GENERAL ITEMS GN 2006-091 Amending Chapter 34 of the North Richland Hills Code of Ordinances adding to the defined public nuisances therein the failure to keep grass, weeds and uncultivated vegetation within three feet of structures and fences under ten inches in height; the failure to remove trash before mowing or weed eating; and making it a misdemeanor for a person in charge of a premises to fail to abate a defined public nuisance or correct a prohibited condition after notice; and eliminating set charges for mowing and substituting actual costs plus administrative fees - Ordinance No. 2907 GN 2006-097 Award of Bid to Workman Commercial Construction Services, L TD in the Amount of $797,281 for the Construction of the 2007 Mat Racer Slide Addition at NRH20 Family Water Park - Resolution No. 2006-093 . . . ,. F.3 GN 2006-098 Approve Deduct Change Order #1 to the Construction Contract with Workman Commercial Construction Services, L TD in the Amount of $33,000 and Amend the Aquatic Park CIP Budget - Resolution No. 2006-094 F.4 GN 2006-100 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 2006-096 F.5 PU 2006-059 Authorize Interlocal Purchasing Agreement with the City of Irving- Resolution No. 2006-095 F.6 GN 2006-099 Appointment to Teen Court Advisory Board - Place 4 F.7 GN 2006-095 Appointment to Water and Wastewater Wholesale Customer Advisory Committee F.8 INFORMATION AND REPORTS - Councilman Barth F.9 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 October 20, 2006 at Q'.;Þ ~ \Y).. 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. . . . A.1 A.2 A.3 A.4 A.5 A.6 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76182 Monday, October 23,2006 6:00 P.M. Discuss Items from Reqular City Council Meetinq I R 2006-105 Northeast Transportation Services End Of The Year Report (1 0 Minutes) IR 2006-113 Implementation of Burqlar Alarm Permit Ordinance (10 Minutes) IR 2006-114 Red Liqht Enforcement (10 Minutes) IR 2006-115 Richland Tennis Center Proqrams and Operations (10 Minutes) Adjournment . . . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 10-23-2006 Agenda No.A.1 Subject: Discuss Items from Regular City Council Meeting . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-105 Date: October 23, 2006 Subject: Northeast Transportation Service - Year End Report The Northeast Transportation Service (NETS) had a record year in Fiscal Year 2006 (October 2005 to September 31, 2006). During FY 2006 NETS generated 22,620 trips which is a significant increase when compared to FY 2005 which generated 19,299 trips. Attached to this report is an overview of ridership numbers and a comparison between FY 2005 and FY 2006. During this period, North Richland Hills generated 4,856 trips with the majority of North Richland Hills residents using the service for medical, work appointments, classes, and trips to local senior centers. This is second behind Bedford who had 6,331 trips. The Fort Worth Transportation Authority and the Red Cross attributes the significant increase in trips to higher gas prices and a mild winter. Another factor in the increase was the lack of space on our current vehicles. Presently, NETS has nine vehicles: seven mini vans and two Ford Econoline Vans. The mini vans can hold two ambulatory seating (regular seating) and one wheel chair; however, when a wheel-chaired passenger is on board only there is only room for one more passenger. The Ford Econoline Van has an ambulatory capacity of eight and space for one wheel chair and greatly helps but it is not adequate enough to handle the increased service demand. As a result the current fleet is not able to handle the increased service demand and which increases the number of trips. These mini vans are also over ten years old and require more maintenance. Because of this The T and Red Cross must take passengers who have higher priority needs such as medical, leaving many residents to wait. This also increases the cost to operate the service because NETS is billed on a revenue hour. A revenue hour is billed from the first pick up to last drop off. The rate under the ne~ extension is approximately $41.00 per revenue hour. Recognizing this issue, the NETS Board and their respected staff members procured four new buses using Community Development Block Grant and Federal Transit Administration Funds to upgrade the fleet. These four new buses will have an ambulatory capacity of eight and a wheel chair capacity of two. ...... ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS - . These new vehicles also will have a wider wheel chair ramp which will allow passengers to be loaded in a more quick, safe and timely manner. They will also double the wheel chair capacity and reduce the number of trips and the number of revenue hours. These new buses have been ordered and should be delivered to NETS by the first of the year. The NETS Board and the City Council of North Richland Hills also agreed to a Vehicle Replacement Grant from the Texas Department of Transportation in the amount of $42,873 with a 20% local match of $8,574.60. NETS intend to use this money to replace another vehicle. The City of North Richland Hills will serve as the pass through for these funds and the procurement will be handled by the Red Cross. The local match will be covered by NETS local fund budget. At the August, 2006 Board Meeting NETS extended their cooperative agreement with the Fort Worth Transportation Authority (The T) and the Red Cross for one year. The T administers the service while the Red Cross operates the vehicles. This partnership has resulted in improved and upgraded services for senior and disabled residents both in North Richland Hills and Northeast Tarrant County. The Northeast Transportation Service is looking forward to another excellent year of service and look forward updating you on future news and events. . Respectfully Submitted, Richard B. Abernethy Assistant to the City Manager . . . . CÞ U ~ CÞ tn .§ ~ "'Q. !- 8.':. .- c~ ! ! ...-8 .., - .0:: ftSc.ø .!o ~O ON zt J ~ . C"') N Q) -n :g 2 . fill) -n 8 ~ ('I") N ~ II) GO ~ (j Ñ ~ . N .. N N I ('I") ('I") C"') CI) GO ~ ~ .. ,.... Ñ ~ Q ~ .. .. C") .- r-:. .. 'II) :; ~ I ,... ~ M N J 0 œ ~ ~ at) N C"') .- ... CIO ! C"') N 0 .- · 8 N ~ Q) ,.... ~ ~ ~ . (Of) t-:. ... ~ ~ 0) Q) ~ ~ Q) ~ N C") ~ ~ ~ ! 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Lt)o z- '>' ... ..., .. .. w .....(\1 as ,,~ z U MN UJ 7' - u ...-..... 11. vQ CD ~_L() C ..... .. ..... ~ OM -10 > NO) ~ 0 ~I'- Z ..... - "'Q ..... .. 0 0 0 0 0 0 0 0 9<2 CD ~M 0 0 0 0 0 0 0 0 Vo .a ....(W') V N 0 co CD v.. C\I 0 .s "-..0 .- .. u ..... - N N N ~ ~ ~ ~ ~ 0 N mCii ..., .... o 0 ......... . 88 >->- u.LL.. . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-113 <::~Jp~__ Date: 1 0/23/2006 2----<:F--- Subject: Implementation of Burglar Alarm Permit Ordinance (Page 1 of 2) The City of North Richland Hills Police Department responds to all burglar alarms reported to the emergency dispatch center. As is common in most cities, the alarm calls that our officers respond to are typically false in nature. During fiscal year 2005/06, the Police Department responded to 3,955 audible and silent burglar alarms. Of these burglar alarms, 98.2% were found to be false or were cancelled before an officer arrived on the scene. Statistics also show that police officers spent approximately 728 hours and dispatchers spent approximately 851 hours handling these false alarm calls. This places a drain on our resources and limits the Police Department's ability to work on the issues our community expects of us. The City does not currently require permits for burglar alarms nor are fees assessed for false alarms. Many cities assess fees and fines for false alarms to recoup a portion of the operating costs and attempt to reduce the number of faulty systems and/or negligent use of systems in their jurisdictions. Typically, cities that charge for false burglar alarms also require residences and businesses to permit their alarm systems and annually renew such permits through an annual fee. Eleven area cities were surveyed and all those cities require permits for residential and commercial burglar alarms. The permit fees range from a minimum of $20 to a maximum of $50 annually. In order for the City to require permits for burglar alarms and assess fees for false alarms, an ordinance would need to be developed and a system would need to be put in place to issue permits, track false alarms and collect fees for permits and false alarms. (A draft alarm ordinance is attached as a part of this IR.) Many of the cities surveyed have at least one employee dedicated to managing burglar alarm permits and tracking false alarms. Given the number of alarms to be tracked, it is reasonable to expect that an additional employee would be needed if we implement a false alarm ordinances program. As an alternative to hiring personnel to monitor this, there are outside companies that specialize in administering these types of programs. These companies provide the entire spectrum of services related to a burglar alarm program including initial and annual renewal of alarm registration, tracking of alarm calls, ticketing, ticket remittance, citizen inquiry support, education and support of any appeals process. There is no cost to the City of North Richland Hills to get started, and these companies cover all start-up and on-going expenses to operate a false alarm program. They are compensated by -- ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS - . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-113 Date: 10/23/2006 Subject: Implementation of Burglar Alarm Permit Ordinance (Page 2 of 2) taking a processing fee for each transaction paid including permits. The fee can also be negotiated at a flat rate charge. Should this method be used, we would receive proposals and evaluate them for selecting the best possible firm. In addition, the City of North Richland Hills currently has an ordinance in place (Ordinance 2625) that deals with false fire alarms, fire alarm malfunctions and the associated fees. Fines are currently assessed for false fire alarms. Information obtained from the Fire Department indicates that they responded to 355 fire alarms during 2005 of which 200 were reported to be false alarms. Most of the companies that handle the burglar alarms also have the ability to administer the Fire Departments false fire alarm program if desired. We believe that it would be beneficial to enact an alarm system ordinance. We look forward to discussing the proposed ordinance with you and the options for implementing such an ordinance. We intend to bring this ordinance back tQ the City Council for approval during the November council meeting and are seeking direction on its adoption. Respectfully Submitted, /7 /}/. / ?r~ ,/'/ ~ ¿/ ¿// Jimmy Perdue Chief of Police --- ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS - . *DRAFT* ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHlAND HillS, TEXAS, REGULATING ALARM BUSINESSES, SYSTEMS AND USERS BY ADDING A NEW CHAPTER 9 CONTAINING DEFINITIONS, REGULATIONS FOR NEW ALARM SYSTEMS, ALARM FEES, PERMIT DURATION, RECORD KEEPING REQUIREMENTS, SERVICE FEES; PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING A SEVE~BllITY CLAUSE. WHEREAS, the City of North Richland Hills desires to amend the Code of Ordinances of the City of North Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: Section 1. That the North Richland Hills Code of Ordinances is hereby amended by adding a new Chapter 9 which shall read as follows: "Chapter 9 Alarm Business Systems, and Users . Sec. 9-1. Purpose. The purpose of this chapter is to provide minimum standards and regulations applicable to alarm systems, alarm businesses, and alarm users as defined in this chapter and to encourage alarm businesses and alarm users to assure the proper operation of security alarm systems and to significantly reduce or eliminate false alarm notification requests made to the Police Department. Sec. 9-2. Disclaimer. The permit requirements and regulations set forth in this chapter in no way constitute an endorsement of any business or of the concept of alarm systems as a positive aid to law enforcement, and do not obligate City of North Richland Hills emergency personnel to response in any manner to any notification as a result of a 9ummons based on an alarm system. The fact of emergency personnel response(s) to one or more alarm system notifications in no way is to be construed as the policy of the City of North Richland Hills or the intent of this chapter. The establishment of such policy by this chapter is expressly denied. Sec. 9-3. Administration and Funding (a) Responsibility for administration of this Chapter is vested with the Chief of Police. . . (b) The Chief of Police may designate an Alarm Administrator to carry out the duties and functions described in this Chapter. (c) Monies generated by permit fees assessed pursuant to this Chapter shall be dedicated for use by the Department directly for administration of the alarm program and for recovery of general police services lost to false alarm response. (d) The Alarm Administrator conducts an annual evaluation and analysis of the effectiveness of this Chapter and identifies and implements system improvements, as warranted. Sec. 9-4. Definitions. (a) Alarm Administrator means a Person or Person designated by the Chief of Police to administer, control and review False Alarm reduction efforts and administers the provisions of this Ordinance. . (b) Alarm Installation Company means a Person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an Alarm System in an Alarm Site. This definition shall also include individuals or firms that install and service the Alarm Systems that will be used in their private or proprietary facilities. This does not include persons doing installation or repair work where such work is performed without compensation of any kind (i .e., "do-it-yourselfers"). (c) Alarm System means a device or system that emits, transmits, or relays a signal intended to summon, or that would reasonably be expected to summon, emergency personnel of the city, including but no limited to, local alarms. Alarm systems do not include: (1) An alarm installed on a motor vehicle; (2) Any device or system designed solely to detect or give notice of fire, smoke, or water flow; (3) An alarm system designed solely to alert the occupants of a building or residence which will not emit a signal either audible or visible from outside the building or residence. (4) An alarm system that is a personal emergency response system as defined by Sec. 781.001, Texas Health and Safety Code designed only to permit the person to signal the occurrence of a medical or personal emergency and not part of a combination of alarm systems that includes a burglar alarm or fire alarm. (d) Alarm Notification Request means a communication intended to summon emergency personnel, which is designed either to be initiated purposely or by the person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion. . . (e) Alarm Site means a single premises or location (one street address) served by an alarm system or systems. An alarm site will include a multiunit dwelling where the owner of such dwelling provides or makes available an alarm system for his tenants then for purposes of the issuance of a permit, each tenant shall obtain a separate alarm permit for their respective unit. (f) Alarm System User means a person who owns or controls the premises upon which an alarm system is located. (g) Local Alarm means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure. (h) Chief means the chief of police of the City of North Richland Hills or his representative. (i) False Alarm Notification means the activation of an alarm system that results in notification to city emergency personnel, and response by emergency personnel at a time when the responding personnel find no evidence of unauthorized intrusion, robbery, attempted robbery, or any other violation that the alarm system was intended to report. . (j) Alarm Permit Holder means a person who has received an alarm system permit, as required by this chapter. (k) Person means an individual, corporation, partnership, association, organization, or similar entity. (I) Special Trunk Line means a telephone line leading into the communications center of the police or fire department that is for the primary purpose of receiving alarm notifications. (m) Emergency Personnel means police personnel or fire personnel of the City of North Richland Hills. (n) Monitoring means the process by which a Monitoring Company receives signals from an Alarm System and relays an Alarm Dispatch Request to the North Richland Hills Police Communications Center for the purpose of summoning the North Richland Hills Police Department to the Alarm Site. (0) Monitoring Company means a Person in the business of providing Monitoring services. (p) Takeover means the transaction or process by which an Alarm Permit Holder takes over control of an existing Alarm System, which was previously controlled by another Alarm Permit Holder. . . (q) ANSI/SIA Control Panel Standard CP-01 means the ANSI - American National Standard Institute approved Security Industry Association - SIA CP-01 Control Panel Standard, as may be updated from time to time, that details recommended design features for security system control panels and their associated arming and disarming devices to reduce the incidence of false alarms. Control panels built and tested to this standard by Underwriters Laboratory (UL), or other nationally recognized testing organization, will be marked to state: "Design evaluated in accordance with SIA CP-01 Control Panel Standard Features for, False Alarm Reduction". (r) Protective/Reactive Alarm System means an alarm system that is rigged to produce a temporary disability or sensory deprivation through use of chemical, electrical or sonic defense, or by any other means, including use of vision obscuring/disabling devices. (s) Robbery Alarm (also panic, duress or hold-up alarm) means an alarm signal generated by the manual or automatic activation of a device, or any system, device or mechanism on or near the premises intended to signal that a robbery or other crime is in progress, and that one or more persons are in need of immediate police assistance in order to avoid injury, serious bodily harm or death at the hands of the perpetrator of the robbery or other crime. . (t) Verify means an attempt by the Monitoring Company, or its representative, to contact the Alarm Site and/or Alarm Permit Holder by telephone and/or other electronic means, whether or not actual contact with a Person is made, to determine whether an alarm signal is valid before requesting a police dispatch, in an attempt to avoid an unnecessary Alarm Dispatch Request. For the purpose of this ordinance, telephone verification shall require as a minimum that a second call be made to a different number, if the first attempt fails to reach an Alarm Permit Holder who can properly identify themselves to determine whether an alarm signal is valid before requesting an officer dispatch. Names and numbers or those contacted or attempted to contact, must be provided when requested. (u) Zones means division of devices into which an Alarm System is divided to indicate the general location from which an Alarm System signal is transmitted. (v) One Plus Duress Alarm means the manual activation of a silent alarm signal by entering at an arming station a code that adds one to the last digit of the normal arm/disarm code. (w) False Alarm means the activation of an alarm system that results in a notification of and a response by city emergency personnel within 30 minutes of alarm notification and a determination by such personnel from an inspection of the interior or exterior of the premises that the alarm was false. . . . . Sec. 9-5. Permit required, application, issuance. (a) Existing alarm systems. Any alarm system which has been installed before the effective date of this chapter shall be registered by the Alarm Permit Holder within thirty (30) days of such effective date. An Alarm Installation Company or Monitoring company shall provide a list of existing Alarm Permit Holders within the city limits of North Richland Hills within (15) days of being notified in writing by the Alarm Administrator. (b) No person shall operate, cause to be operated, or permit the operation of an alarm system unless a valid permit has been issued by the chief within 30 days of installation or activation of such system. This requirement is applicable to the person in control of the property, which the alarm system is designed to protect. (c) An alarm system user or his agent shall obtain a permit for each alarm site. (d) Upon receipt of a completed application form, the chief shall issue an alarm permit to the applicant unless the applicant has failed to pay a service fee assessed under Section 9-15 or has had an alarm permit for the alarm site revoked, and the violation causing the revocation has not been corrected. (e) Each permit application must contain the following information: (1) Name, address and telephone number of the person who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this chapter; (2) The street address of the property on which the alarm system is to be installed and operated; (3) Classification of the alarm site as either residential or commercial; (4) Any business name or title used for the premises on which the alarm system is to be installed; (5) The name of one other person to respond to an alarm in the event the permit holder is unavailable; (6) Any other information required by the chief, which is necessary for the enforcement of this chapter; (7) Name, address and telephone number of alarm monitoring company, if any; (8) Any dangerous or special conditions present at the Alarm Site such as dogs or other animals or any type of alarm system that is rigged to produce a temporary disability or sensory deprivation through use of chemical, electrical or sonic defense, or by other means, including use of vision/obscuring/disabling devices. (f) Any false statement of a material matter made by the applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit and/or for revocation of a permit already issued. . (g) An alarm permit cannot be transferred to another person. A permit holder shall inform the chief of any change that alters information listed on the permit application within five (5) days of the occurrence of the change. (h) All fees owed by an applicant must be paid before a permit may be issued or renewed. (i) Alarm Permit Fees. The fees for an alarm permit or an alarm permit renewal are as follows: (1) Permit Fee - Fifty dollars ($50.00) for both residential and commercial (2) Renewal Fee - Fifty dollars ($50.00) for both residential and commercial (3) Senior Rate (residential only) (a) Permit Fee Ten dollars ($10) (b) Renewal Fee Ten dollars ($10) (4) to qualify for the senior rate the permit holder must be 65 years of age or older, listed as the property owner or lessee and must have the alarm contract in their name. 0) A late fee for non-payment within thirty (30) days after notification to alarm users of an initial alarm permit registration or renewal fee shall be twenty-five dollars ($25.00). . (k) Any Person operating a non-permitted Alarm System will be subject to a fee of $100. The Alarm Administrator may waive this additional fee or portions of it for a non-permitted system if the system has been installed or activated less than thirty (30) days prior to the violation or the Alarm Permit Holder submits a successful application for an Alarm Permit within ten (10) days after official notification of such violation. (I) A fee of $100 shall be charged to a person licensed under Chapter 781, Texas Health and Safety Code for the use of a central alarm installation located in a police office that is owned, operated or monitored by the city. (m) A person licensed under Chapter 781, Texas Health and Safety Code may be required to discontinue service of an alarm signal device that because of mechanical malfunction or faulty equipment causes at least five false alarms in a 12 month period until the device is repaired to the satisfaction of the police chief. Sec. 9-6. Permit duration and renewal. A permit is valid, unless revoked, from the date of issuance for one year, upon receipt of the annual fee. A permit will be automatically renewed for a one-year period, unless revoked, upon receipt of the annual fee, unless cancelled by the permit holder. Sec. 9-7. Proper alarm system operation and maintenance. . . . . (a) A permit holder or alarm system user shall: (1) maintain the Alarm Site and the Alarm System in a manner that will minimize or eliminate False Alarms; (2) make every reasonable effort to have a Responder to the Alarm System's location within 20 minutes when requested by the police in order to: (a) deactivate an Alarm System; (b) provide access to the Alarm Site; and/or (c) provide alternative security for the Alarm Site. (3) not activate an Alarm System for any reason other than an occurrence of an event that the Alarm System was intended to report. (b) An Alarm Permit Holder shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an Alarm Site will sound for no longer than ten (10) minutes after being activated. (c) An Alarm Permit Holder shall not use Automatic Voice Dialers. (d) An Alarm Permit Holder shall maintain at each Alarm Site, a set of written operating instructions for each Alarm System exclusive of any codes, combinations or passwords. (e) All Alarm Permit Holders shall agree with their Alarm Installation Company and/or Monitoring Company to go through an "acclimation period" for the first seven (7) days after installation of an Alarm System during which time the Alarm Installation Company and/or Monitoring Company will have no obligation to and will not respond to any Alarm Signal from the Alarm Site and will not make an Alarm Dispatch Request to police, even if the Alarm Signal is the result of an actual alarm event. (f) Individuals that have installed their own system as well as firms with proprietary systems shall comply with all of the requirements in this Section for Alarm Permit Holders. Sec. 9-8. Manual reset required. A permit holder or person in control of an alarm system which has an automatic resetting device, and which system causes three (3) or more alarms within a twenty- four-hour period, shall manually reset the system. Sec. 9-9. Alarm reporting & monitoring requirements. (a) A permit holder or person in control of an alarm system shall not allow alarm signals to be reported through a relaying intermediary that does not comply with the requirements of this chapter and any rules and regulations promulgated by . the chief, or is not licensed by the Texas Board of Private Investigators and Private Security Agencies. (b) A person who is engaged in the business of relaying alarm notifications to the city sh~lI: (1) Make notification by a human operator only after attempting to verify the alarm by calling the permit holder or person in control of premises a minimum of two times to two different numbers prior to reporting the alarm to the Police Department; (2) Report alarms only on special trunk lines designated by the chief; (3) Communicate alarm notifications to the city in a manner and form designated by the chief; (4) Robbery, hold-up, duress and panic alarms are exempt from this requirement. Sec. 9-10. Record keeping. (a) A person engaged in the business of selling, leasing, installing, or otherwise distributing alarm systems shall maintain records at its place of business which will show the names and addresses of persons to whom an alarm system was sold, leased, installed, or otherwise distributed, as well as the date of such transactions. . (b) Said alarm businesses or person shall make said records available during regular business hours to the chief or his designee for inspection. The express purpose of this section is to assure that alarm system users are in compliance with this chapter, and not to regulate in any manner any person engaged in the alarm business. (c) An Alarm Installation Company and/or Monitoring Company shall provide the Alarm Administrator with a complete list of active customers, annually, to assist the Alarm Administrator with creating and maintaining the tracking data. The customer information will be provided in a format the Alarm Company is capable of producing and will include the following: (1) Permit number (2) Customer name (3) Alarm Site address (4) I nstallation or activation date (5) Alarm company license number (d) An Alarm Installation Company and/or Monitoring Company that purchases Alarm System accounts from another Person shall notify the Alarm Administrator of such purchase and provide a complete list of the acquired customers, in a format the Alarm Company is capable of producing, that includes the following: (1) Permit number (2) Customer name . . . . (3) Alarm Site address (4) Acquisition date (5) Alarm company license number Sec. 9-11. Duties of Alarm Systems Company. (a) On the installation or activation of an alarm system, an alarm system company shall distribute to the occupant of the alarm system location information summarizing: (1) the applicable law relating to false alarms, including the potential for penalties and revocation or suspension of a permit; (2) how to prevent false alarms; and (3) how to operate the alarm system. (b) An Alarm Systems Company shall notify the municipality in which the alarm system is located of an installation or activation of an alarm system no later than the 30th day after the date of the installation or activation. The alarm systems company shall provide to the municipality: (1) the alarm systems company name; (2) the alarm system company license number; (3) the name of the occupant of the alarm system location; (4) the address of the alarm system location; and (5) the date of installation or activation. (c) The duties imposed by this section on an Alarm Installation Company do not apply to the installation or activation of a personal emergency response system, as defined under Texas Occupation Code, Section 1702.331. (d) Upon the effective date of this Ordinance, Alarm Installation Companies shall not program Alarm System so that they are capable of sending One Plus Duress Alarms. Monitoring Companies may continue to report One Plus Duress Alarms received from Alarm Systems programmed with One Plus Duress Alarms prior to enactment of this Ordinance. However, upon the effective date of this Ordinance, when a Takeover or Conversion occurs, an Alarm Installation Company must remove the One Plus Duress Alarm capability from such Alarm Systems. (e) Upon the effective date of this Ordinance, Alarm Installation Companies shall not install a device to activate a Robbery Alarm, which is a single action, non- recessed button. (f) An Alarm Installation Company may not install any Alarm System on or after January 1, 2007, that includes a detection device control panel unless the control panel meets or exceeds ANSI/SIA CP-01 - Control. Sec. 9-12. Automatic dialing prohibited. . . . No person shall operate or cause to be operated any automatic dialing device which, when activated, uses a telephone device or attachment to automatically select a telephone line leading into the police department or the city and then transmit any prerecorded message or signal. Sec. 9-13. Alarm dispatch records. (a) Emergency personnel responding to a dispatch resulting from an alarm system notification shall record such information as necessary to permit the chief to maintain records, including, but not limited to, the following information: (1) Identification of the permit holder; (2) Identification of the alarm site; (3) Time dispatched, arrived, and cleared; (4) Time of day, date; (5) Weather conditions (6) Name of permit holder's representative on the premises if any. (b) Responding personnel shall indicate on the dispatch record whether the notification was caused by a false alarm. Sec. 9-14. System peñormance reviews. If there is reason to believe that an alarm system is not being used or maintained in the manner that ensures proper operation and suppressed false alarms, the chief may require a conference with an alarm permit holder and the individual or association responsible for maintenance for the alarm system to review circumstances of each false alarm. Any such conference will he held only after a ten-day notice to the permit holder such notice to be effective on mailing to the permit holder at the address listed on the application. Sec. 9-15. Service fee; false alarm notification. (a) An Alarm Permit Holder (other than robbery alarms) shall be subject to fees for services, depending on the number of False Alarms within the preceding 12- month period, based upon the following fee schedule: (1) False Alarm Fees # of False Alarms 1 2 3 4-5 6-7 8 or more Fees for service No Fee No Fee No Fee Fifty Dollars $50 each Seventy-five Dollars$75 each One Hundred Dollars $100 each . . - (b) Activation of a robbery alarm shall be deemed an intentional act for which a required fee shall be deemed imposed for false alarms. Any alarm user of such alarms shall pay the city a fee for each and every false robbery alarm to which police respond. Fee Schedule 1 - No fee $ 0.00 2 - One hundred dollars $100.00 3 - One hundred dollars $100.00 4 or more - Two hundred dollars $200.00 (c) The $200 fee will continue to be assessed on all additional false robbery alarms until the permit holder submits a certification from an Alarm Installation Company, stating that the Alarm System has been inspected and repaired (if necessary) by the Alarm Installation Company and proper training has been provided to the alarm user. (d) Late fee for non-payment within 30 days of notification of an alarm fee assessed under this ordinance shall result in a late fee of $25.00. (e) If a person notifies the chief and applies for an alarm permit before the installation of a new alarm system, no service fee will be assessed during the first fifteen (15) days after installation, and false alarm notifications during that period will not be counted in determining when a service fee will be assessed. (f) If cancellation of the alarm occurs prior to a police officers arriving at the scene or the department does not respond within 30 minutes of the alarm notification, this is not a False Alarm for the purpose of fees and no fee will be assessed. Sec. 9-16. Revocation of alarm permit. The chief may terminate an alarm permit after thirty days notice if he determines that: (1) There is any violation of this chapter; (2) There is a false statement of a material matter in the application for a permit. (3) An alarm system has generated in excess of eight (8) false alarms during any twelve (12) months; (4) The permit holder has failed to make payment of any service fee, permit fee or appeal hearing fee assessed under section 9-5 or 9-15 within thirty (30) days of the assessment; (5) Failure to attend the conference provided for in section 9-14. Sec. 9-17. Appeal of false alarm service fees and denial or revocation of a permit. . . . (a) If the chief assesses a service fee for a false alarm, refuses to issue or renew a permit, or revokes a permit, he shall send to the applicant or permit holder written notice of his action and a statement of the right to an appeal. The applicant or permit holder may appeal the decision of the chief to the assistant city manager a written request for a hearing setting forth the reason for the appeal, within ten (10) days after receipt of the notice of the chief. The filing of a request for an appeal hearing with the assistant city manger stays the action of the chief to the denial of a permit or the revocation of a permit until the assistant city manager makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief is final. (b) An assistant city manager shall serve as hearing officer at an appeal, and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing; the hearing officer shall make his decision on the basis of a preponderance of the evidence present within thirty (30) days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or modify the action of the chief. The decision of the hearing officer is final as to administrative remedies within the city. (c) An Appeal Hearing fee of twenty-five dollars ($25.00) shall be paid before a permit revocation appeal hearing will be scheduled with the Assistant City Manager's office. Appeal fees will be returned to the appealing Alarm Permit Holder, Alarm Installation Company or Monitoring Company if the appeal is upheld. (d) In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this chapter to hold a corporation, partnership, or other associations criminally responsible for acts or omissions performed by an agent acting in behalf of the corporation, partnership, or other association, within the scope of this employment. Sec. 9-18. Foñeiture of application fee upon revocation of permit. When the revocation of a permit is final, all permit fees shall be forfeited. Sec. 9-19. Reapplication for permit after revocation. (a) Should an alarm system user of his agent, after final permit revocation, desire to reapply for a permit, he shall be required to submit a new permit application, including the required permit fees. (b) The applicant shall also submit satisfactory proof of compliance with the chapter. (1) the applicant has submitted a written certification from an Alarm Installation Company, that complies with the requirements of this chapter, stating that the alarm system has been inspected and repaired (if . necessary) and/or additional training has been conducted by the Alarm Installation Company; and (2) the requirements of Section 1702.286 Texas Occupations Code pertaining to the alarm company providing the Alarm User with information on: (a) the law relating to False Alarms, including potential penalties and the revocation of suspension of an Alarm Permit; (b) how to prevent false alarms; and (c) how to properly operate the alarm system. Sec. 9-20. Confidentiality of information. All information provided by a permit holder pursuant to this chapter shall be confidential to the extent possible under Chapter 552, Texas Government Code, and shall be utilized solely by the police department; provided that said information shall be available to the permit holder. Sec. 9-21. Exemption of certain government bodies. The United States Government, the State of Texas, or any county government or school district situated within the corporate city limits of the City of North Richland Hills shall comply with the requirements of this chapter; provided however, that they shall be exempt from the payment of fees. . Sec. 9-22. Violations (a) It shall be unlawful to operate an alarm system during the period in which an alarm permit is under revocation. Each day of such operation shall constitute a separate offense. (b) It shall be unlawful for any person to operate an alarm system without a permit or in violation of any provision of Section 9-5. Each day of such operation shall constitute a separate offense. 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 Five Hundred Dollars ($500.00). 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 hereof. Section 4. The terms and provisions of this ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause or phrase of this ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or phrase of this ordinance. . . . . PASSED AND APPROVED ON THIS DAY OF , 2006. Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary Approved as to Form and Legality: George Staples, Attorney . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-114 :~ Date: 10/23/2006 R.:> Subject: Red Light Enforcement (Page 1 of 3) As our roadways become more congested, motorists begin to look for opportunities to avoid those traffic devices that might cause them to be delayed. Unfortunately, often these actions· result in unsafe measures that can cause accidents. One of the contributing factors to many accidents throughout the city is motorist failing to stop at red lights. During 2005 the Police Department responded to 1573 accidents; 462 of these involved an injury. While the exact number of accidents directly contributed to red lights is difficult to obtain, we estimate that approximately 5-100/0 fall into this category. This results in significant property damage as well as the time necessary to respond and investigate the accident. During 2005, Rufe Snow Drive and Davis Blvd. had the highest number of accidents in the city. Since January, this trend has continued with the top five accident locations being 5100 Rufe Snow, 5600 Rufe Snow, 6200 Rufe Snow, 8500 Harwood and 5100 Davis Blvd. A recent engineering study was conducted at those and other high- accident intersections in North Richland Hills. A temporary camera was set up and filmed the following intersections for a total of eight hours (7-10am, 11-2pm, 5-7pm). Location # of violations Smithfield Rd. at Mid-Cities Blvd. Holiday Ln. at Mid Cities Blvd. Davis Blvd. at Harwood Rd. Davis Blvd. at Lola Dr. Davis Blvd. at Mid-Cities Blvd. Davis Blvd. at Maplewood Ave. Rufe Snow Dr. at Dick Lewis Rufe Snow Dr. at Mid-Cities Blvd. Rufe Snow Dr. at Loop 820 6 vehicles 16 vehicles 20 vehicles 36 vehicles 36 vehicles 37 vehicles 61 vehicles 426 vehicles 976 vehicles Many cities across the State have begun installing cameras at selected high-accident locations in an attempt to reduce the number of accidents. While still a relatively recent practice, several of the cities have seen reductions as high as 40-50% in related crashes at these intersections. The system is based on the issuance of a civil fine to the registered owner of the vehicle. There are no criminal penalties and any enforcement action does not impact an individual's driver's license. -- ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS - . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-114 <:,~t- Date: 1 0/23/2006 'r::\-~~ Subject: Red Light Enforcement (Page 2 of 3) The cameras are set at specific locations based on the accident data available. Cameras are placed in conspicuous areas and often have signage accompanying them to alert the motorist. This helps to serve as an additional deterrent to the damaging conduct. Once the traffic signal begins to cycle the camera records any vehicle that is within a certain distance of the stop line. The camera will continue to take photographs if the vehicle continues beyond the stop line after the light turns red. If the vehicle stops, then nothing is done. The camera only takes a picture from the rear of the vehicle in order to capture the license plate. It is assumed that the owner of the vehicle is responsible for the vehicle and whoever may be operating it at that time. If a violation is detected by the system, then a digital image is downloaded to a server where the picture is reviewed by a police officer to verify the violation. If a violation is confirmed then a citation is sent to the registered owner. The amount being charged by most jurisdictions is $75.00 for the first occurrence. There are provisions to contest the violation or file an appeal due to unusual circumstances. The installation, maintenance and upkeep of the system as well as the mailing of the citation is done on a contract basis. There are currently several companies in Texas operating this type of system in various jurisdictions. The costs can be done either on a flat charge or based on a percentage of the violations. In most cities, any funds derived from this program are earmarked exclusively for law enforcement and traffic control improvements. This is not a criminal violation and does not go against the violator's driving record. This type of violation is in fact a civil violation. To enforce this type violation it would be necessary to adopt an ordinance to address the violation. A draft ordinance is attached as well as a draft resolution on a memorandum of usage for the funds derived from this program. The purpose of this memorandum of understanding is to create a special traffic safety fund and to establish guidelines governing the usage of the funds derived from this program. While the primary purpose of this program is to reduce the number of accidents and promote better overall safety of the drivers in our community, the program does generate additional revenue. This revenue should be utilized to install additional traffic safety measures as well as provide funding for enforcement activities, equipment and roadway improvements that might otherwise not be done. The memorandum would restrict the funds to these types of uses and not allow them to be used for other general fund needs. ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS - . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-114 I <=:~~:>_ Date: 1 0/23/2006 r{):\ i/ \,./ " Subject: Red Light Enforcement (Page 3 of 3) In addition to the deterrent factor, most of the available systems can be utilized in accident investigations. The system will retain a short time period of recording before it is erased. If an accident occurs at an intersection, otten it will be recorded on the system and can be accessed for the investigation. Also, the system can be connected to a monitor in Police Communications that would allow them to view the intersection after an accident to better and more rapidly send responding emergency units. There are numerous benefits to the City of North Richland Hills and its residences through the use of an automated red light enforcement system. The Police Department, Public Works, Courts and City Attorney have all discussed the program and believe that it should be considered. Both the resolution and the ordinance will be brought back for approval consideration at the November Council meeting. Respectfully Submitted, -" , ../,-,~ /- /'" ~--.:-?:.- Jimmy Perdue Chief of Police ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS _ . *DRAFT* RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, APPROVING THE MEMORANDUM OF USAGE FOR THE TRAFFIC SAFETY FUND; ESTABLISHING GUIDELINES GOVERNING THE USAGE OF FUNDS AND DEFINING THE SCOPE OF RESOURCES FOR WHICH THE TRAFFIC SAFETY FUND MAY BE UTILIZED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 54-407 of the Code of Ordinances of the City of North Richland Hills, Texas funds from the Traffic Safety Fund may be expended only for the costs of automated signal enforcement, public traffic or pedestrian safety programs, traffic enforcement and intersection improvements pursuant to the Traffic Safety Fund memorandum of Usage; and WHEREAS, the City Council of the City of North Richland Hills, Texas, has been presented a proposed Traffic Safety Fund Memorandum of Usage (Exhibit "A") establishing guidelines governing the usage of funds and defining the scope of resources for which the Traffic Safety Fund may be utilized, and finds such to be acceptable and in the best interests of the City of North Richland Hills and its citizens; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND . HILLS, TEXAS: SECTION 1. That the_ Memorandum Traffic Safety Fund Memorandum of Usage attached hereto as Exhibit A is hereby approved. SECTION2. That the funds from the Traffic Safety Fund may be expended only for the costs of automated signal enforcement, public traffic or pedestrian safety programs, traffic enforcement and intersection improvements in accordance with the Traffic Safety Fund Memorandum of Usage. SECTION 3. That this resolution shall become effective immediately from and after its passage. Passed on the day of , 2006. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary Approved as to form and legality: . George A. Staples, Attorney . . · · · · · · · · · . EXHIBIT A CITY OF NORTH RICH LAND HILLS TRAFFIC SAFETY FUND MEMORANDUM OF USAGE The purpose of this document is to establish guidelines governing the usage of funds and defining the scope of resources for which the Traffic Safety Fund may be utilized. The Fund is established by City Ordinance and is defined as the gross collections derived from civil violations in accordance with Article X of Chapter 54 of the Municipal Code. According to 54-407 of the Municipal Code, "funds from the Traffic Safety Fund may be expended only for the costs of automated signal enforcement under this article, public traffic or pedestrian safety programs, traffic enforcement and intersection improvements. " Operational Expenditures: The following operational expenses are authorized to be paid from the fund: · Monthly payment per approach in accordance with the contract with equipment provider. Hourly wages to the Administrative Hearing Officers as appropriately billed. Overtime rate to police officers designated to review violations for issuance. Other operational expenses as identified that are directly related to the operation of the photo enforcement program. · · · Traffic Safety Equipment and Programs - Police Department The following expenses are authorized: Traffic safety devices including but not limited to flares, cones, barricades, or other expendable items utilized by the police department to warn, control, divert traffic. Equipment utilized in police vehicles for officer safety while conducting traffic enforcement or traffic patrol. Speed detection equipment or other equipment used for the purpose of detecting traffic violators or vehicles that may be operated by persons wanted for traffic violations. Video equipment utilized during traffic enforcement. Safety equipment worn by police officers while directing traffic or working traffic or motor vehicle accidents. Computer equipment, software or other equipment utilized in the investigation of traffic crashes. Overtime reimbursement for special programs established strictly for traffic enforcement programs, i.e. speed enforcement, seatbelt campaigns, DWI enforcement, etc. Educational and promotional items for traffic safety education programs. Training programs related to traffic safety, traffic management, traffic investigations, . · · · · · . · · . · accident reconstruction, etc. Other equipment or expenses directly related to the promotion of traffic safety, traffic enforcement, accident prevention, accident investigation, and public education traffic safety programs. Traffic Safety Equipment and Programs · Transportation/Other City Departments The following expenses are authorized: · Equipment required for emergency response and emergency traffic management, or notification of the driving public of a major traffic interruption due to accident or other unexpected event that requires immediate attention by the Transportation personnel. · Construction projects required to eliminate or reduce high priority pedestrian safety or traffic safety problems, including but not limited to pedestrian walkways, intersection lighting, crosswalks, etc. Video equipment utilized for the management and safe movement of traffic. Computer equipment/software or other technology upgrades utilized for the management and safe movement of traffic. Training programs related to traffic safety and traffic management. Education materials 'and promotional items for traffic safety. Safety equipment worn by personnel performing traffic engineering or management functions in the field. (Not construction) Safety equipment utilized on vehicles utilized by the Transportation/Traffic Department in the field. Traffic signal, signage, pavement markings or other traffic management infrastructure upgrades or enhancements designed to improve traffic safety. Larry J. Cunningham, City Manager Date Jimmy Perdue, Chief of Police Date . *DRAFT* ORDINANCE NO. AN ORDINANCE OF THE CITY OF NORTH RICHlAND HillS, AMENDING THE NORTH RICHlAND HillS CODE OF ORDINANCES OF THE CITY OF NORTH RICHlAND HillS, BY AMENDING CHAPTER 54, TO ADD ARTICLE X. AUTOMATED TRAFFIC SIGNAL ENFORCEMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABiliTY CLAUSE; PROVIDING FOR THE IMPOSITION OF CIVil PENALTIES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is a home rule municipality with powers created by its charter, in addition to those granted by Sec. 542.201 and 542.202, Texas Transportation Code; and WHEREAS, the installation of red light cameras and the creation of civil penalties for running red lights will promote public safety; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICH lAND HillS, TEXAS: . SECTION 1. That Chapter 54 of the North Richland Hills Code of Ordinances of the City of North Richland Hills, Texas is hereby amended by adding a new Article X, which shall read as follows: "ARTICLE X. AUTOMATED TRAFFIC SIGNAL ENFORCEMENT Sec. 54-401. Definitions. In this article: (1) Department shall mean the Police Department of the City of North Richland Hills, Texas. (2) Intersection shall mean the place or area where two or more streets intersect. (3) Owner shall mean the owner of a motor vehicle as shown on the motor vehicle registration records of the Texas Department of Transportation or the analogous department or agency of another state or country. (4) Photographic Traffic Signal Enforcement System shall mean a system that: (a) consists of a camera system installed to work in conjunction with an electrically operated traffic-control signal; and . . (b) is capable of producing at least two recorded images that depicts the license plate attached to the rear of a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal. (5) Recorded Image means an image recorded by a photographic traffic monitoring system that depicts the rear of a motor vehicle and is automatically recorded on a photograph or digital image. (6) System Location means the approach to an intersection toward which a photographic traffic monitoring system is directed and in operation. (7) Traffic Control Signal shall mean a traffic control device that displays alternating red, amber and green lights that directs traffic when to stop at or proceed through an intersection. Sec. 54-402. Imposition of Civil Penalty for Violations. . (a) The City Council finds and determines that a vehicle that proceeds into an intersection when the traffic control signal for that vehicle's direction of travel is emitting a steady red signal damages the public by endangering motor vehicle operators and pedestrians alike, by decreasing the efficiency of traffic control and traffic flow efforts, and by increasing the number of serious accidents to which public safety agencies must respond at the expense of the taxpayers. (b) Except as provided in (c) and (d) below, the owner of a motor vehicle is liable for a civil penalty of seventy-five dollars ($75.00) if the motor vehicle proceeds into an intersection at a system location when the traffic control signal for that motor vehicle's direction of travel is emitting a steady red signal. (c) For a third or subsequent violation committed by the owner of the same motor vehicle during any 12-month period, the amount of the civil penalty shall be one hundred fifty dollars ($150.00). (d) An owner who fails to timely pay the civil penalty shall be subject to a late payment penalty of twenty-five dollars ($25.00). Sec. 54-403. Enforcement; procedures. (a) The Department is responsible for the enforcement and administration of this article. (b) In order to impose a civil penalty under this article, a notice of violation shall be mailed to the owner of the motor vehicle liable for the civil penalty not later than the 30th day after the date the violation is alleged to have occurred to: . . (1 ) the owner's address as shown on the registration records of the Texas Department of Transportation; or (2) if the vehicle is registered in another state or country, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Transportation. (c) A notice of violation issued under this article shall contain the following: (1 ) a description of the violation alleged; (2) the date, time, and location of the violation; (3) a copy of a recorded image of the vehicle involved in the violation; (4) the amount of the civil penalty to be imposed for the violation; (5) the date by which the civil penalty must be paid; (6) a statement that the person named in the notice of violation may pay the . civil penalty in lieu of appearing at an administrative adjudication hearing; (7) information that informs the person named in the notice of violations:. (A) of the right to contest the imposition of the civil penalty in an administrative adjudication; (8) of the manner and time in which to contest liability is an admission of liability; and (C) that failure to pay the civil penalty or to contest liability is an admission of liability. (8) a statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty; (9) a statement that failure to pay the civil penalty within the time allowed shall result in the imposition of a late penalty of $25.00; (10) any other information deemed necessary by the department. (d) A notice of violation under this article is presumed to have been received on the 10th day after the date the notice of violation is mailed. . . . . (e) In lieu of issuing a notice of violation, the Department may mail a warning notice to the owner. Sec. 54-404. Administrative adjudication hearing. (a) A person who receives a notice of violation may contest the imposition of the civil penalty by requesting in writing an administrative adjudication of the civil penalty within fifteen (15) days after receipt of the notice of violation. Upon receipt of a timely request, the Department shall notify the person of the date and time of the hearing on the administrative adjudication. The administrative adjudication hearing shall be held before a hearing officer appointed by the City Manager. (b) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil penalty assessed in the notice of violation, and is a waiver of the right to appeal under section 54-404(i). (c) The civil penalty shall not be assessed if after a hearing, the heari.ng officer enters a finding of no liability. (d) In an administrative adjudication hearing, the issues must be proved at the hearing by a preponderance of the evidence. The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the violation may be attested to in an administrative adjudication hearing by affidavit of an officer or employee of the City or the entity with which the City contracts to install or operate the system and who is responsible for inspecting and maintaining the system. An affidavit of an officer or employee of the City that alleges a violation based on an inspection of the pertinent recorded image, is admissible in a proceeding under this article and is evidence of the facts contained in the affidavit. (e) A person who is found liable after an administrative adjudication hearing or who requests an administrative adjudication hearing and thereafter fails to appear at the time and place of the hearing is liable for administrative hearing costs in the amount of $25.00 in addition to the amount of the civil penalty assessed for the violation. A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty and costs within 10 days of the hearing. (f) It shall be an affirmative defense to the imposition of civil liability under this article, to be proven by a preponderance of the evidence, that: (1) the traffic-control signal was not in proper position and sufficiently legible to an ordinarily observant person; . (2) the operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer; (3) the operator of the motor vehicle violated the instruction of the traffic- control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle; (4) the motor vehicle was being operated as an authorized emergency vehicle under Chapter 546 of the Texas Transportation Code and that the operator was acting in compliance with that Chapter; (5) the motor vehicle was a stolen vehicle and being operated by a person other than the owner of the vehicle without the effective consent of the owner; (6) the license plate depicted in the recorded image of the violation was stolen and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued; or (7) the presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed that would make compliance with this article more dangerous under the circumstances than non-compliance; . (8) the person who received the notice of violation was not the owner of the motor-vehicle at the time of the violation. (g) To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate had been timely reported to the appropriate law enforcement agency. (h) Notwithstanding anything in this article to the contrary, a person who fails to pay the amount of a civil penalty or to contest liability in a timely manner is entitled to an administrative adjudication hearing on the violation if: (1) the person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person; and (2) within the same period required by Sec. 54-403(c)(7)(B) for a hearing to be timely requested but measured from the date the mailed notice was received as stated in the affidavit filed under Subdivision (1), the person requests an administrative adjudication hearing. . . (i) A person who is found liable after an administrative adjudication hearing may appeal that finding of civil liability to the Municipal Court by filing a notice of appeal with the clerk of the Municipal Court. A $100 filing fee must accompany the appeal. The notice of appeal must be filed not later than the 31st day after the date on which the administrative adjudication hearing officer entered the fining of civil liability. Unless the person, on or before the filing of the notice of appeal, posts a bond in the amount of the civil penalty and any late fees, and appeal does not stay the enforcement of the civil penalty. An appeal shall be determined by the Municipal Court by trial de novo. The affidavits submitted under Section 54-404(d) shall be admitted by the municipal judge in the trial de novo, and the issues must be proved by a preponderance of the evidence. A person found liable by the Municipal Court shall forfeit the appellate filing fee of $100.00 in addition to the civil penalty and any other fees due the City. Sec. 54-405 Order. (a) The hearing officer at any administrative adjudication hearing under this article shall issue an order stating: (1) whether the person charged with the violation is liable for the violation; and . (2) the amount of any civil penalty, late penalty, and administrative adjudication cost assessed against the person. (b) The orders issued under subsection (a) may be filed with the office of the hearing examiner. The hearing examiner shall keep the orders in a separate index and file. The orders may be recorded using microfilm, microfiche, or data processing techniques. Sec. 54-406 Effect of liability; exclusion of civil remedy. (a) The imposition of a civil penalty under this article is not a criminal conviction for any purpose. (b) A civil penalty may not be imposed under this article on the owner of a motor vehicle if the operator of the vehicle was arrested or was issued a citation and notice to appear by a peace officer for the same violation of Section 544.007(d) of the Texas Transportation Code recorded by the photographic traffic signal enforcement system. (c) An owner who fails to pay the civil penalty or to timely contest liability for the penalty is considered to admit liability for the full amount of the civil penalty stated in the notice of violation mailed to the person. . . . . (d) The City Attorney is authorized to file suit to enforce collection of a civil penalty imposed under this article. Sec. 54-407 Traffic Safety Fund. The penalties and fees collected from the imposition of civil liability under this article, except for the appellate filing fee paid to the Municipal Court, shall be deposited in the Traffic Safety Fund account established by the City Council. Funds from the Traffic Safety Fund may be expended only for the costs of automated signal enforcement under this article, public traffic or pedestrian safety programs, traffic enforcement and intersection improvements." SECTION 2. That all provisions of the ordinances of the City of North Richland Hills in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of North Richland Hills not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. This Ordinance shall take effect immediately from and after its passage. SECTION 5. The City Secretary is hereby authorized and directed to cause the descriptive caption and 54-402 hereof to be published. AND IT IS SO ORDAINED. Passed on the day of , 2006. CITY OF NORTH RICH LAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary Approved as to form and legality: George A. Staples, Attorney . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-115 \, :~v ~- Date: October 23, 2006 Subject: Richland Tennis Center Programs and Operations For informational purposes, Ms. Charlotte Wylie, Richland Tennis Center Manager, will give a PowerPoint presentation regarding operations and programs at the Tennis Center. Hired as the first Tennis Center Manager when the center opened in 1997, Ms. Wylie oversees the operation of our 16-court facility including a Pro Shop and sunken championship court. The North Richland Hills facility is considered one of the premier tennis facilities in Tarrant County. The Adult and Junior Team Tennis program produces local and state competitive teams while classes and a variety of leagues provide tennis opportunities for all skill levels. Richland Tennis Center was developed as a partnership with the Birdville Independent School District. The District provided a long-term land lease and the city funded the construction costs for the project in part through a $500,000 grant from the Texas Parks and Wildlife Department. A Joint Use Facility Agreement provides the Richland High School Tennis Team with eight courts during the school year and all of the courts for school tournaments. We believe this will be a very beneficial update for both our newest Council members as well as those who have served longer. We look forward to presenting this update to Council. Respectfully Submitted, Vickie Lottice Director of Parks and Recreation -- ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS - CITY OF . NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-23-2006 Presented by: Agenda No.A.6 Subject: Adjournment . . . . . A.O A.1 A.2 A.3 City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76182 Monday, October 23,2006 7:00 P.M. Call to Order - Mayor Trevino Invocation - Councilman Turnaqe Pledqe - Councilman Turnaqe Special Presentation(s) and Recoqnition(s) - Proclamation 2006 Red Ribbon Week - Presented by Councilwoman Suzy Compton A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Aqenda B.O 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 October 9. 2006 City Council Meetinq B.2 PW 2006-036 Approve City-Developer Aqreement with Arcadia Land Partners 16. Ltd. for Impact Fee Reimbursement for Sewer Lines located in Home Town / Town Center Development - Resolution No. 2006-089 8.3 PW 2006-037 Approve City-Developer Aqreement with Arcadia Land Partners 16. Ltd. for Impact Fee Reimbursement for Water Lines located in Home Town NRH West. Phase III - Resolution No. 2006-090 . 8.4 GN 2006-096 Authorize City Manaqer to Approve the Proposal from Professional Service Industries. Inc. for Materials Testinq and Inspection Services at new Library in the Amount of $27.183 - Resolution No. 2006-092 c.o PUBLIC HEARINGS No items for this category. 0.0' PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category E.O PUBLIC WORKS E.1 PW 2006-035 Approve Amending Section 54-1 02(b) of the North Richland Hills Code of Ordinances and Approve Speed Limit Chanqes on FM 1938 (Davis Boulevard) - Ordinance No. 2909 F.O GENERAL ITEMS . F.1 GN 2006-091 Amendinq Chapter 34 of the North Richland Hills Code of Ordinances addinq to the defined public nuisances therein the failure to keep qrass. weeds and uncultivated veqetation within three feet of structures and fences under ten inches in heiqht: the failure to remove trash before mowinq or weed eatinq: and makinq it a misdemeanor for a person in charqe of a premises to fail to abate a defined public nuisance or correct a prohibited condition after notice: and eliminatinq set charqes for mowinq and substitutinq actual costs plus administrative fees - Ordinance No. 2907 F.2 GN 2006-097 Award of Bid to Workman Commercial Construction Services. L TO in the Amount of $797.281 for the Construction of the 2007 Mat Racer Slide Addition at NRH20 Family Water Park - Resolution No. 2006-093 F.3 GN 2006-098 Approve Deduct Chanqe Order #1 to the Construction Contract with Workman Commercial Construction Services. L TO in the Amount of $33.000 and Amend the Aquatic Park CIP Budqet - Resolution No. 2006-094 F.4 GN 2006-100 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 2006-096 F.5 PU 2006-059 Authorize Interlocal Purchasinq Aqreement with the City of Irvinq- Resolution No. 2006-095 F.6 GN 2006-099 Appointment to Teen Court Advisory Board - Place 4 . . F.7 F.B F.9 . . GN 2006-095 Appointment to Water and Wastewater Wholesale Customer Advisorv Committee INFORMATION AND REPORTS - Councilman Barth Adjournment . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 10-23-2006 Agenda No. A.O Subject: Call to Order - Mayor Trevino . . CITY OF . NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-23-2006 Presented by: Agenda No. A.1 Subject: Invocation - Councilman Turnage . . CITY OF . NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-23-2006 Presented by: Agenda No. A.2 Subject: Pledge - Councilman Turnage . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilwoman Suzy Compton Council Meeting Date: 10-23-2006 Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) - Proclamation 2006 Red Ribbon Week - Presented by Councilwoman Suzy Compton . . . . . NRH CITY OF NORTH RICHlAND HillS PROCLAMATION WHEREAS, abuse of alcohol and other drugs has reached epidemic stages in the United States; and WHEREAS, it is imperative that community members launch visible substance abuse prevention education efforts to reduce the demand for drugs; and WHEREAS, the City of North Richland Hills and Birdville Independent School District are coordinating our community's Red Ribbon Campaign to offer our citizens the opportunity to demonstrate their commitment to alcohol, tobacco and illegal drug and violence prevention; and WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations, youth, medical providers, senior citizens, military, sports teams, and individuals will demonstrate their commitment to drug-free, healthy lifestyles by wearing and displaying red ribbons during this week-long campaign; and WHEREAS, the City of North Richland Hills further commits its resources to ensure the success of the Red Ribbon Ca~paign; NOW, THEREFORE, BE IT RESOVED, that I Oscar Trevino, Mayor of the City of North Richland Hills do hereby proclaim October 23 - October 31, 2006 as "RED RIBBON WEEK" and encourage the citizens to participate in alcohol, tobacco and illegal drug and violence prevention activities and events, making a visible statement that we are committed to creating safe and caring environments for every child to grow up in. BE IT FURTHER RESOLVED, that the City of North Richland Hills encourages all citizens to pledge, "NO USE OF IllEGAL DRUGS, NO IllEGAL USE OF lEGAL DRUGS." 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 23rd day of October 2006. Oscar Trevino, Mayor . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-23-2006 Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor 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. CITY OF . NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-23-2006 Presented by: Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda . e . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-23-2006 Agenda No. B.O Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. . . . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 10-23-2006 Agenda No. B.1 Subject: Approval of Minutes of October 9, 2006 City Council Meeting Recommendation: To approve the minutes of the October 9, 2006 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 - OCTOBER 9, 2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 9th day of October, 2006 at 6:00 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch . Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Thomas Powell Steve Brown Thad Chambers Richard Abernethy Call to Order Mayor Mayor Pro Tern, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Director of Support Services Library Director Director of Economic Development Assistant to City Manager Mayor Trevino called the work session to order at 6:00 p.m. A.1 Discuss Items from Reaular City Council Meetina There were no questions from the Council. Staff presented additional information on the following agenda items: . . Agenda Item C-1, ZC 2006-03 - Assistant City Manager Bass advised the developer originally requested to rezone 10.948 acres of commercial and office to R-2, but ultimately decided to rezone his entire ownership of 23 plus acres. The information provided to Council refers to 23.371 acres, but staff in error notified for only 10.948 acres. The 10.948 acres is all that the developer needs rezoned to extend the fourth phase of Thornbridge. The developer is aware of the error and wants to continue moving forward with rezoning the 10.948 acres. A revised ordinance with the 10.948 acres has been provided to Council for consideration. In addition, a citizen has turned in a petition on the zoning. Council has been provided with a copy of the petition and a graphic showing the 10.948 acres. The petition is valid with 22% of the area within 200 feet of the proposed rezoning and it will require a super majority vote for Council to approve the zoning request. It was also pointed out that the agenda packet reference to the site having frontage on Martin Drive should be Timber Drive. Agenda Items C-3 (ZC 2006-11) and D-1 (FP 2006-11) Mr. Bass advised the McCartys have requested to withdraw the two cases. Mr. Bass advised of the procedure to follow to formally accept the withdrawal of the cases. . Agenda Items D-2 (RP 2006-10) and D-3 (SP 2006-10) - Mr. Bass advised that there was a petition, but it did not have any direct bearing on the case because it is not a zoning issue. There was discussion last week between the developer and staff on modifying the drainage improvement shown on the site plan. The drainage improvement is shown to be deep and close to Mid-Cities and Davis. Staff has resolved to everyone's satisfaction an alternate drainage improvement that moves it away from Davis, makes it more shallow and less of an impact visually. To logically discuss the items, Council was requested to flip the order of the site plan and replat. Mayor Trevino advised he would be abstaining from Items D.2 and D.~ and recusing himself because his wife owns property in the vicinity of the cases. Mayor Pro Tern Lewis will preside over the meeting for the two items. A.2 IR 2006-106 Discussion of McKee Water System Mr. Mike Curtis presented a PowerPoint presentation updating the Council on the impending closure of the McKee Water System and its impact on North Richland Hills residents. Council will be asked to consider an item on the regular agenda to approve a resolution providing a payment plan option for the McKee customers living in North Richland Hills to connect to the City's water system. Council was advised that the residents who live on Shady Grove will be able to connect to an existing City water main and will only be required to pay impact and connection fees. A City water main had to be constructed for the residents living on Gifford Lane. In addition to the impact and connection fees, the Gifford Lane residents will have to pay a pro rata share of the new water line. The City's standard procedure to connect to city water is to have all fees paid up front prior to making the connection. Because some of the residents are unable to pay the fees up front, the City Attorney has prepared a Mechanics Lien and Deed of . . . . Trust to allow the cost to be spread over a 5-year period with an APR of 60/0. Some of the residents along the west side of Gifford Lane dedicated a 15-foot wide water line easement and are asking consideration be given towards their cost. Mr. Curtis presented Council with three options for Council consideration during the regular meeting: 1) Require standard process and not agree to Mechanics Lien; 2) Approve usage of Mechanics Lien, but not approve credit for dedicated easement; and 3) Approve use of Mechanics Lien and a $500 credit to property owners who dedicated an easement. A.3 IR 2006-103 Holidav Lane/Chapman Road/Meadow Road Intersection Studv- Update Mr. Mike Curtis, Public Works Director, presented a PowerPoint Presentation updating the Council on the Holiday Lane/Chapman Road/Meadow Road Intersection Study. An engineering study was conducted to determine the feasibility of extending and realigning Holiday Lane so that the offset intersection could be eliminated. The results of the study are · The cost to extend and realign Holiday Lane directly impacts three to four properties and will cost approximately $1 ,000,000. · The cost to construct the traffic signals and minor street modifications as approved in the Capital Projects budget is approximately $300,000. · The property owners are against the extension and realignment of Holiday Lane because of the negative impact it will have on their property. Staff's recommendation is to construct the project with the offset traffic signals as outlined in the Capital Projects Budget. Council concurred with the recommendation of Staff. A.4 IR 2006-107 Economic Development Activities - Update Mr. Thad Chambers, Director of Economic Development presented a PowerPoint presentation updating the Council on ongoing programs in the department, information on major development projects, and high profile business openings and closings. There were no questions from the Council. A. 5 IR 2006-108 Staff Briefina on the Proposal to Initiate a Construction Manaaer Proaram Mr. Richard Torres, Assistant City Manager, briefed the Council on a proposed new program to create a new position of Construction Manager. An item is on the regular agenda for Council to consider approval of the new program. Council was advised that Staff felt there was a need to bring in a new level of expertise to assist with the . management of the library construction project and other major upcoming capital projects. Currently there is not a staff member fully qualified or with ample time to dedicate to the library project. The position will also manage other projects about to begin such as the Fire Training Facility, modifications to the City Hall Pre-Council Chambers and other future projects. Staff feels it would be more cost effective and efficient to have an in-house staff member who can be moved from project to project depending on city needs rather than hiring a consultant on a per project basis. The costs of the program will be allocated proportionately among the various projects that are assigned to the position. A.6 IR 2006-109 Briefina on Recent Chances to the Library Desian Mr. Richard Torres, introduced Mr. Craig Reynolds, BRW Architects, Mr. David Marsh, Vice President, Steele & Freeman and Mark Mile, Project Manager. . Mr. Reynolds presented a PowerPoint presentation updating the Council on the recent changes to the library design. The original proposal of $6,759,800 included the base bid and the five alternates. At the last Council work session it was proposed that to add additional shell space would cost an estimated additional $740,000. The additional cost to add 9,858 square feet of shell space is $827,746 for a total construction cost of $7,587,546. Mr. Reynolds highlighted the project schedule. Councilman Sapp questioned if the reinforcement of the foundation discussed at the last work session was still being considered. Mr. Reynolds advised that it has been determined that it will cost an additional $160,000 and it is not being recommended. B.1 Executive Session Mayor Trevino announced at 6:41 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551 Texas Government Code to consult with Attorney authorized by Section 551.071 about pending litigation on Jacobson v. City of North Richland Hills, et al. C.o Adiournment Mayor Trevino announced at 6:44 p.m. that the Council would adjourn to the regular Council meeting. . . REGULAR COUNCIL MEETING A.O CALL TO ORDER Mayor Trevino called the meeting to order October 6, 2006 at 7:00 p.m. ROLL CALL Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 . S taft: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Attorney A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) None. . . . . A.4 CITIZENS PRESENTATION Ms. Laverne Q'Steen, 8429 Emerald Circle, showed Council a picture of a crumbling column in her subdivision and read an excerpt from Article XVIII, Section 18 of the City's Charter - "No pool, pond or lake, receiving water from recognizable stream, creek, branch or natural drainage, shall be constructed without first obtaining a permit issued by the City. Ms. Q'Steen commented that the City called it private property, but it was an easement as w,ell and that the easement does not give the city permission to damage other people's property. Ms. Q'Steen commented that the property was never permitted and that she had not seen the proper permit yet. Ms. Q'Steen commented that earlier in the year a former Homeowners Association Treasurer mentioned that studies would be done to find a solution to the problem and obtain accurate bids. Ms. Q'Steen advised she had not seen the names of any firms or dates and that the study was still being discussed. Ms. Q'Steen advised that she also previously presented a picture of a broken rail in a neighbor's yard. Ms. Q'Steen commented that the rail has not been repaired and that the neighbor has not been contacted about finding a solution to the problem. Ms. Q'Steen stated that the situation at Emerald Lakes needs to be repaired. Mayor Trevino questioned Staff what permit Ms. Q'Steen was referring to that the City did not have. Public Works Director Mike Curtis advised that according to the City Attorney the City has met all of the requirements for the permit for the work that was done within the flood plain. The other permit referred to by Ms. Q'Steen is the unsigned permit, which is the flood plain development permit. The flood plain development permit is not a permit that is required for the construction of the wall. It is a permit between the city and developer that is provided to FEMA indicating that work is going to be done in the floodway. It does not address private development and in this case, does not address the wall. Mr. Curtis advised that FEMA has informed the City that the City is in complete compliance with the National Flood Insurance Program. The City has signed the permit that Ms. Q'Steen keeps referring to, but the permit is nothing more than a flood plain development permit and. not a permit for the construction of the retaining walls. Mayor Trevino asked Mr. Bass if the retaining wall was the City's wall. Mr. Bass advised the wall was private property and that the City Attorney has ruled numerous times that it is private property. Mr. Bass advised that the retaining wall is within private ownership and that the Homeowners Association has been contacted about the fence panel. Mayor Trevino asked the City Attorney if, from the City's standpoint, the City could fix the wall. . B1. B2. B3. . B4. B5. . Mr. Staples advised that as he has already previously advised, it is not lawful to use public funds to meet obligations of private property owners. It is the obligation of private property owners not the obligation of the City. The wall and the lake are not the City's. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED APPROVAL OF MINUTES OF SEPTEMBER 25,2006 CITY COUNCIL MEETING GN 2006-093 APPROVE CANCELLATION OF NOVEMBER 27, 2006 AND DECEMBER 25, 2006 CITY COUNCIL MEETINGS FP 2006-12 CONSIDERATION OF A REQUEST FROM AP SURVEY COMPANY ON BEHALF OF PERRY & VALERIE ROBERTS TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1; ROBERTS ESTATES, (LOCATED IN THE 8900 BLOCK OF MARTIN DR. - 1.996 ACRES). PAY 2006-005 AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT - RESOLUTION NO. 2006-085 PU 2006-056 AUTHORIZE CONTRACT EXTENSION WITH HARD KOUNTRY CONCRETE AS PRIMARY CONTRACTOR AND PATCO UTILITIES, INC. AS SECONDARY CONTRACTOR FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS - RESOLUTION NO. 2006-083 B6. PW 2006-033 APPROVE CITY-DEVELOPER AGREEMENT WITH "VENUE AT HOME TOWN, LTD." IN THE AMOUNT OF $22,759 FOR THE CONSTRUCTION OF SANITARY SEWER AS PLANNED IN THE GRAND AVENUE PROJECT - RESOLUTION NO. 2006-082 MAYOR PRO TEM LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. . . . PUBLIC HEARINGS C.1 ZC 2006-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B H & L JOINT VENTURE TO APPROVE A ZONING CHANGE FROM "C-1" COMMERCIAL, "0-1" OFFICE AND "R-3" SINGLE FAMILY RESIDENTIAL TO "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 8200 BLOCK OF DAVIS BLVD. - 23.371 ACRES). ORDINANCE NO. 2908 APPROVED Mayor Trevino opened the public hearing. Mayor Trevino advised that the agenda and the notification letters to the surrounding property owners state that the request consists of 23.371 acres. Mayor Trevino advised that the request is for less than 23 acres and that Staff would be explaining in more detail during their presentation. Mr. Mark Long, 1615 Precinct Line Road, engineer representing the developer, advised the request was to approve a zoning change from C-1, 0-1 and R-3 to R-2 Single Family Residential for the purpose of developing 34 lots. Mr. Long was available to answer questions from the Council. Mr. Eric Wilhite, Chief Planner, presented a summary of the issues and Planning & Zoning recommendations. The request is to rezone 10.948 acres. Mr. Wilhite showed Council the area of land that was presented to the Planning & Zoning Commission at their meeting and included in the notification letters sent to the property owners. Mr. Wilhite showed Council the correct area of land (10.948 acres) as described in the legal notice and revised ordinance. The rezoning of 10.948 acres will still give the developer the ability to develop his property as planned. A preliminary plat has been submitted. The Planning and Zoning Commission recommended approval of the rezoning on September 21. Earlier in the day, Staff received a petition of opposition from property owners on Timber Drive. Approval of the request will require a super majority vote of the Council. Mayor Trevino advised that the item before the Council is a zoning issue. The petition lists three concerns of the residents, none of which pertain to zoning. Mayor Trevino advised that the concerns and issues raised by the residents would be addressed during the platting process. Staff advised that layout of the property on the Zoning Exhibit was conceptual and that the City has not received final construction plans. When Staff reviews the plans for the subdivision, special attention will be given to the drainage, access and traffic concerns of the residents. Councilman Whitson stated that he had been advised by the residents of flooding problems caused by the amount of dirt that had already been brought in by the . . . developer. Staff was asked to learn more about the flooding problem from the residents. Mayor Trevino called for anyone wishing to speak in favor of the request to come forward. There being no one wishing to speak, Mayor Trevino called for anyone wishing to speak in opposition to come forward. Mayor Pro Tern Lewis advised that the following citizens did not wish to speak but wanted to go on record as being in opposition to the rezoning. Les Bokros, 8632 Timber Drive James Nunnery, 8617 Timber Drive Peggy Martin, 8629 Timber Drive Roger Martin, 8629 Timber Drive Margie Bokros, 8632 Timber Drive J.M. Drake, 8220 Davis Boulevard LaVerne L. Hartman, 8609 Timber Drive Barbara Drake, 8220 Davis Boulevard Raymond Caughey, 8620 Timber Drive Marva Caughey, 8620 Timber Drive Eleanor Osburn, 8621 Timber Drive Peggy Elliott, 8628 Timber Drive The following individuals spoke in opposition to the request citing concerns with Timber Drive being opened to through traffic from the new development, drainage issues, and safety concerns with an entrance on Davis Boulevard from the new subdivision located in close proximity to the current entrance of Timber Drive to Davis Boulevard. Ms. Marci Elliott, 8628 Timber Drive Ms. Judy Showlater, 8624 Timber Drive Mr. Kelly G. Elliott, 8628 Timber Drive. There being no one else wishing to speak, Mayor Trevino closed the public hearing. MAYOR PRO TEM LEWIS MOVED TO APPROVE ZC 2006-03. COUNCILMAN TURNAGE SECONDED THE MOTION. Council discussed the concerns of the residents and the possibility of addressing the issue of opening Timber to through traffic by installing an access gate at Timber for use by emergency vehicles. Council discussed that the proposed zoning was consistent with the Comprehensive Plan and that if the property were to develop as currently zoned, the issue of through traffic and access to Davis would remain. Council discussed their desire for the developer to address the concerns and issues of the citizens. There was extensive discussion on the ingress/egress issue on Davis . . . Boulevard and the access problem caused by the location of the box culvert at Davis. Council discussed their options of approving, denying or tabling the item and the resulting impact. Mayor Trevino asked Mr. Long if he would be willing to consider a planned development for the entire 24 acres. Mr. Long advised that the remainder of the property was in the flood plain and would not be useable. AFTER FURTHER DISCUSSION ON INGRESS/EGRESS TO DAVIS, MOTION TO APPROVE CARRIED 7- o. C.2 RP 2006-12 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROBERT AND PAT HUNT TO APPROVE A REPLAT OF LOTS 3D & 4A, BLOCK 3, WOODBERT ADDITION TO LOT 3R, BLOCK 3, WOODBERT ADDITION (LOCATED IN THE 8200 BLOCK OF SAYERS LN. - 0.6374 ACRES). APPROVED Mayor Trevino opened the Public Hearing. Mr. Robert Hunt, applicant, presented his request for a replat. Mr. Hunt advised he planned to build his home on the property. Mr. Eric Wilhite, Chief Planner, summarized the item and presented the recommendation of the Planning & Zoning Commission. The applicant is replatting two lots into one large lot. The plat meets all the City's rules and regulations and the Planning and Zoning Commission recommended approval on September 21. The plat was reviewed for rough proportionality and it was determined that all public improvements have been previously constructed except for sidewalks. The developer will be required to construct the sidewalks at the time of construction of the residence on the property. 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. COUNCILMAN WELCH MOVED TO APPROVE RP 2006-12. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. . . . C.3 ZC 2006-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MR. & MRS. MCCARTY TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 7400 BLOCK OF EDEN RD. -- 1.4 ACRES). ORDINANCE NO. 2900. *THIS PUBLIC HEARING AND CONSIDERATION WAS CONTINUED AT THE SEPTEMBER 25,2006 CITY COUNCIL MEETING UNTIL OCTOBER 9,2006.* WITHDRAWN BY APPLICANTS Mayor Trevino advised the McCartys requested at the September 25, 2006 Council meeting a continuance of the public hearing to the October 9 council meeting. Mrs. McCarty came forward to read into record a letter of withdrawal for ZC 2006-11 and FP 2006-11. The letter requested the City Council remove from the city's agenda, docket and consideration the following cases: ZC 2006-11 and FP 2006-11. Ms. McCarty advised they were officially withdrawing these cases at this time. COUNCILMAN SAPP MOVED TO ACCEPT THE MCCARTY'S LETTER OF WITHDRAWAL FOR ITEMS ZC 2006-11 (AGENDA ITEM C.3) AND FP 2006-11 (AGENDA ITEM D.1). COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PLANNING & DEVELOPMENT D.1 FP 2006-11 CONSIDERATION OF A REQUEST FROM MR. & MRS. MCCARTY TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1, MCCARTY ADDITION (LOCATED IN THE 7400 BLOCK OF EDEN RD. --1.4 ACRES). *THIS FINAL PLAT WAS CONTINUED AT THE SEPTEMBER 25,2006 CITY COUNCIL MEETING UNTIL OCTOBER 9, 2006. WITHDRAWN BY APPLICANTS Item was withdrawn by the McCartys and accepted by Council in conjunction with Agenda Item C.3. D.2 RP 2006-10 CONSIDERATION OF A REQUEST FROM SMITHFIELD SUMMIT, LP TO APPROVE A REPLA T OF LOTS 15 & 16, BLOCK H AND LOT 22, BLOCK J AND PORTIONS OF THREE UNPLATTED TRACTS IN THE JOHN BARLOUGH SURVEY TO LOT 15R, BLOCK H, SMITHFIELD ADDITION (LOCATED IN THE 8000 BLOCK OF MID CITIES BLVD. - 4.996 ACRES) APPROVED . . . Mayor Trevino advised he would abstain from Agenda Items 0.2 and 0.3 because his wife owns property in the vicinity of the requests. Mayor Trevino recused himself and asked Mayor Pro Tern Lewis to chair the meeting at 8:11 p.m. An affidavit of disqualification has been completed by Mayor Trevino and filed with the City Secretary stating the nature of the interest was his spouse owned property in close proximity to the development. Mayor Pro Tern Lewis advised that in order to more logically discuss the two items he was changing the order of Agenda Items 0.2 and 0.3. Mayor Pro Tern Lewis advised this was not a public hearing but that several citizens on Arthur and adjacent areas have expressed concerns to Council and City staff. While it is not a public hearing, the Council and Staff acknowledge the concerns expressed by the citizens. Mayor Pro Tern Lewis advised that Staff would be presenting information on 0.3 that will address the residents' concerns. D.3 SP 2006-10 CONSIDERATION OF A REQUEST FROM SMITHFIELD SUMMIT, LP TO APPROVE A SITE PLAN FOR A RETAIL CENTER, LOT 15R, BLOCK H, SMITHFIELD ADDITION (LOCATED IN THE 8000 BLOCK OF MID CITIES BLVD. - 4.996 ACRES). APPROVED Mr. Oan Mcinnis, Mcinnis Land Consultants, 108 West 8th Street, Fort Worth, representing the applicant, presented the request. Mr. Mcinnis advised that since the Planning & Zoning meeting, they have worked with Staff on changes that soften the area around the drainage facility. Mr. Mcinnis presented a revision to the site plan that makes the drainage facility work more as a landscape bern amenity than a drainage facility. Mr. Eric Wilhite, Chief Planner, presented a summary of the case and the recommendation of the Planning & Zoning Commission. Applicant is requesting approval for the development of a 31,350 square foot retail commercial center on 4.9 acres. The first phase of the development includes a drainage facility in the eastern undeveloped portion of the site. The development will have access off Smithfield Road and Mid-Cities Boulevard. At the time Phase II is developed a site plan will be required. The site plan meets all site development standards and was recommended for approval by the Planning and Zoning Commission on September 21, 2006.. Councilman Welch questioned the turning radius of the drive off Smithfield Road and questioned if a 35 foot radius would improve access and keep traffic moving north bound until Smithfield Road is widened at some point in the future. Staff advised that it appeared to be a 20 foot turning radius based on the scale and that a 35 foot radius would improve access. . . . Mr. Mike Curtis, Public Works Director, addressed the drainage and some of the traffic concerns expressed by the citizens to Staff and Council. Mr. Curtis pointed out that Staff would request that Council approve the site plan in their packet contingent on the modifications shown by Mr. McGinnis being incorporated into the construction plan. The developer was required to submit a Traffic Impact Analysis. The purpose of the analysis was to look at the trips that would be generated from this site at the two drive approaches. It was found that the development would not add a significant amount of traffic. The development will be increasing traffic on Smithfield Road but the increase will not be significant compared to the existing traffic volumes. The City is working on long term solutions for the traffic problems on Smithfield at Arthur Drive. The long-term solution is improvements to Davis Boulevard and improvements to the intersection of Davis Boulevard at Mid Cities. These are CIP projects, but because Davis Boulevard is a state highway and grant money was received for the projects the City is required to following certain processes and procedures. For short term solutions, the Public Works Department will be installing a "No Outlet" or "Dead End" sign at the intersection of Arthur Drive and placing flags on the existing "Do Not Block Intersection" sign to draw driver attention to the sign. Additionally "Do Not Block Intersection" pavement markings will be placed in the intersection. Staff will be looking to see if there would be a benefit in restripping Smithfield Road. Smithfield Road is currently 40 feet wide and will in the future be widened to 48 feet. Smithfield Road is shown on the Master Thoroughfare Plan as a major collector 48 feet wide, 4 lanes and 68 feet of right of way. Additional right of way will be required on the west side of Smithfield Road when it is widened. There are not any CIP projects currently budgeted to make long-term improvements at Smithfield Road. Mr. Curtis responded to questions from Council. Councilman Welch asked Mr. Mcinnis if the applicant would be agreeable to a 35 foot wide turning radius off of Smithfield Road. Mr. Mcinnis advised that they could accommodate Council's request. COUNCILMAN WELCH MOVED TO APPROVE SP 2006-10 TO INCLUDE THE NEW SITE PLAN TO SHOW THE NEW DRAINAGE IMPROVEMENTS, TO INCLUDE WITH THE SITE PLAN THE 35 FOOT RADIUS OFF OF THE DRIVEWAY ONTO SMITHFIELD ROAD TO BE REVIEWED BY PUBLIC WORKS TO MAKE SURE THERE ARE NO POTENTIAL PROBLEMS. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. D.2 RP 2006-10 CONSIDERATION OF A REQUEST FROM SMITHFIELD SUMMIT, LP TO APPROVE A REPLA T OF LOTS 15 & 16, BLOCK H AND LOT 22, BLOCK J AND PORTIONS OF THREE UNPLATTED TRACTS IN THE JOHN BARLOUGH SURVEY TO LOT 15R, BLOCK H, SMITHFIELD ADDITION (LOCATED IN THE 8000 BLOCK OF MID CITIES BLVD. - 4.996 ACRES) APPROVED . . . Mr. Dan Mcinnis, Mcinnis Land Consultants, 108 West 8th Street, Fort Worth, representing the applicant, presented the request and was available to answer questions from Council. Mr. Mcinnis advised the minor adjustment would be made to change the drainage and maintenance for the site plan approved in the previous item. Mr. Eric Wilhite, Chief Planner, presented the case summary and recommendations of Staff and the Planning & Zoning Commission. The applicant is requesting a replat of 4.996 acres to develop a retail/commercial center. The drainage facility easement will be adjusted based on the approved site plan. The plat meets all the subdivision rules and regulations and is recommended for approval by Staff and the Planning & Zoning Commission. COUNCILMAN SAPP MOVED TO APPROVE RP 2006-10. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. Mayor Trevino returned to the Council dais at 8:52 p.m. PUBLIC WORKS E.1 PW 2006-032 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MECHANIC'S LIEN AND DEED OF TRUST FOR THE MCKEE WATER SYSTEM CUSTOMERS LOCATED ON SHADY GROVE ROAD AND GIFFORD LANE (NORTH RICH LAND HILLS CUSTOMERS) - RESOLUTION NO. 2006-081 APPROVED Mr. Mike Curtis, Public Works Director, recapped the shutting down of the McKee Water System. The City has been working to install public water mains to serve the residents connected to the private system. Residents connected to the private system along Shady Grove Road have a City water main that they can connect to for service. Thirteen residents live along Gifford Lane, a private road, and are on the private system. Public Works was unable to obtain easements from all residents on Gifford Lane, but was able to get easements along the west side of the road, enabling all residents on both sides of the road to have access to the water main. A new a-inch main has been constructed along Gifford Lane and all of the McKee customers residing in North Richland Hills have access to a public water line. Because the Shady Grove Road residents already had access to a public water line, their cost to connect will be the City's standard connection and impact fees. Residents on Gifford Lane will have the connection and impact fees plus their share of the cost of the new a-inch water line. Standard procedure in connecting to City water is that all fees are to be paid prior to the City making the connection. The City Attorney has prepared a Mechanic's Lien and Deed of Trust that will allow the cost to be spread out over a 5-year period at an annual . percentage rate of 6%. Council's approval of the resolution will give the City Manager the authority to execute the Mechanic's Lien with each of the Shady Grove and Gifford Lane residents currently connected to the McKee system. Council was pre~ented with three options for consideration. Option 1 will require the Standard Process and not agree to the Mechanic's Lien. Option 2 will approve the usage of the Mechanic's Lien, but not approve credit for dedicated easement. Option 3 will approve the usage of the Mechanic's Lien and approve a $500 credit to those property owners who dedicated an easement. Staff's recommendation is to approve Resolution No. 2006-081 authorizing the City Manager to execute a Mechanic's Lien and Deed of Trust and to select Option 3 providing those residents who dedicated an easement a $500 credit to be applied to their balance. COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION No. 2006-081 AUTHORIZING THE CITY MANAGER TO EXECUTE A MECHANIC'S LIEN AND DEED OF TRUST AND TO SELECT OPTION 3 PROVIDING THOSE RESIDENTS WHO DEDICATED AN EASEMENT A $500 CREDIT TO BE APPLIED TO THEIR BALANCE. COUNCILMAN BARTH SECONDED THE MOTION. Mayor Trevino questioned if Staff had talked with the citizen who spoke at the last Council meeting during Citizen Presentation requesting consideration be given for the easement he had dedicated and if he was satisfied. Staff advised that the option approved by Council was the option the citizen had requested and that to the City's knowledge he was satisfied with the approach. . MOTION TO APPROVE CARRIED 7-0. E.2 PW 2006-034 APPROVE RESOLUTION ENDORSING CONCEPT OF LOCAL OPTION FUNDING OF PUBLIC TRANSIT BY EXEMPTING AN AMOUNT TO THE LOCALLY AUTHORIZED TRANSIT SALES TAX FROM THE 20/0 LOCAL SALES TAX CAP - RESOLUTION NO. 2006-087 APPROVED Mr. Mike Curtis, Public Works Director, summarized the item. The Mayor and many of the Council members have been working the past 36 months along with regional leaders to develop a plan for a seamless regional rail system. House Bill 2702 established a Regional Transit System Review Committee for a multi-county area of North Texas. The committee consisted of Senators and Representatives from the counties along with local elected officials and transportation provider representatives. The committee conducted several meetings over the past year looking for funding options for regional rail. All cities in the region are being asked to support a resolution supporting the "Joint Recommendations for Regional Rail in North Central Texas" as put forth by The T, DART, and the Denton County Transit Authority and urging the legislature to pass legislation exempting an amount equal to the locally authorized transit sales tax from the 2% local sales tax cap. . . . . COUNCILMAN TURNAGE MOVED TO APPROVE RESOLUTION No. 2006-087. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. GENERAL ITEMS F.1 PU 2006-057 AWARD OF CONTRACT TO STEELE & FREEMAN, INC. IN THE AMOUNT OF $7,587,546 FOR THE CONSTRUCTION OF THE NEW-LIBRARY- RESOLUTION NO. 2006-084 APPROVED Mr. Thomas Powell, Director of Support Services, presented the item. Item is to consider approval of the contract for construction of the new library facility in Home Town. The 2004/05 Capital Projects Budget included funding for the project. Architects for the project is Brown Reynolds Watford Architects, Inc. (BRW). Proposals for construction of the facility were received from 11 firms. Steele & Freeman, Inc. presented the best proposal. The proposal of $6,759,800 came in under budget and included the general construction of the library plus five alternate items including roller shades for the windows, cast stone cornice and base, acoustical wall panels in the lobby, lightening protection, and a monument sign. At the September 25 Council work session the Council directed Staff to move forward with evaluating and including an additional 9,400 square feet (approximate) of shelled area to the project. The additional space has been planned since the early planning stages of the library, but it was not believed that it would be possible at this time due to the budget size and increased costs of construction It has been determined that the additional shell space will be 9,858 square feet. The additional cost for the 9,858 square feet, two floor addition including windows with roller shades, fire alarm and fire sprinkler system, roof top air conditioner, and limited lighting with provisions for future electrical is $827,746. The total construction cost with Steele Freeman including the additional shell area is $7,587,546. The project is under the total construction budget of $8,750,000. COUNCILMAN BARTH MOVED TO APPROVE RESOLUTION No. 2006-084. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2006-092 AUTHORIZE THE CITY MANAGER TO OBTAIN ADDITIONAL SERVICES FROM BRW ARCHITECTS IN THE AMOUNT OF $72,000 - RESOLUTION NO. 2006-086. APPROVED . Mr. Thomas Powell, Director of Support Services, presented the item. The additional 9,858 square feet of shell space being added to the library project approved in the previous agenda item requires additional architectural services by BRW Architects. BRW has submitted a proposal to amend the existing architectural contract in the amount of $72,000. COUNCILMAN WELCH MOVED TO APPROVE GN 2006-092, RESOLUTION No. 2006-086. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 GN 2006-094 APPROVE CONSTRUCTION MANAGEMENT PROGRAM - RESOLUTION NO. 2006-088 APPROVED Mr. Richard Torres, Assistant City Manager, presented the item. Resolution No. 2006- 088 will authorize the City Manager to implement a Construction Management Program to oversee all significant capital construction projects. The Construction Manager will oversee the new library project as well as other upcoming major capital construction . projects, MAYOR PRO TEM LEWIS MOVED TO APPROVE RESOLUTION No. 2006-088. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.4 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED No action needed. F.5 INFORMATION AND REPORTS Councilman Whitson made the following announcements. The Autumn Night Music concert series will continue on Saturday, October 14, with a performance by the Beatles tribute band Me and My Monkey. The free concert will . . . . begin at 7 p.m. at Kay Granger Park at Mullendore Elementary School. Guests are encouraged to bring blankets and lawn chairs. For more information, please call 817- 427-6600. Residents can dispose of unwanted bulky items during the annual Fall Community Cleanup on Saturday, October 14. Unwanted furniture, appliances, brush and other items can be dropped off between 9 a.m. and noon at the Tarrant County College Northeast Campus, 828 Harwood Rd., Parking Lot E (by the Tennis Courts). For more details, please call 817-427-6650. The Neighborhood Services Department is holding a LitterNot cleanup event from 8:30 a.m. to noon on Saturday, October 21. Volunteers will meet at the Neighborhood Services Building on Dick Fisher Drive and pick up litter in the rights-of-way. For more information please call 817-427-6651. Kudos Korner - Firefighter/Paramedics Mike Barker, Scott Gray and Rick Peacor Fire Department. A letter was received from a resident thanking these employees for responding when her son fell and hit his head. The resident said the way these employees interacted with her son was marvelous. They immediately began speaking with him about his favorite super heroes and engaged him in other child-friendly conversation which helped with the anxiety. Their kind smiles and true compassion was greatly appreciated. F.6 ADJOURNMENT Mayor Trevino adjourned the meeting at 9:29 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary . . . CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 10-23-2006 Agenda No. B.2 Subject: PW 2006-036 Approve City-Developer Agreement with Arcadia Land Partners 16, Ltd. for Impact Fee Reimbursement for Sewer Lines located in Home Town / Town Center Development - Resolution No. 2006-089 Previously, E-Systems, Inc. Pool Trust installed the water and sanitary sewer lines which serve the Home Town / Town Center Development at large. Subsequent to the construction of these lines, E-Systems was bought out by Arcadia Land Partners 16, Ltd. (Developer) who now holds its interests. The sanitary sewer lines were identified in the "Water and Wastewater Impact Fee Study" dated July 31, 1997 by Knowlton-English-Flowers, Inc. Even though this particular impact fee program ("1997 program") has ended, these specific sanitary sewer projects were started prior to the end of the 1997 program and the funds were set aside to be reimbursed at a future date. These lines are identified in the "Water and Wastewater Impact Fee Study" as Segment W-6.1 (an 8" line) and as Segment WB.30- 33 (an 18" line). The Developer installed 76.38% of Segment W-6.1 and 100% of Segment WB.30-33. These sanitary sewer improvements as outlined in the "Water and Wastewater Impact Fee Study" are eligible for reimbursement based on a maximum total construction cost of $174,795.15, and a subsequent maximum reimbursement value of $57,192.97. These dollar amounts take into account that the Developer did not install all of Segment W-6.1. The Developer has submitted a total combined (Segment W-6.1 and Segment WB.30- 33) construction cost of $160,489.98. This amount results in a proposed reimbursement value of $47,926.52. In accordance with the Impact Fee Ordinance and following Council's approval of this agreement, the Developer can receive reimbursement for the improvements. The final reimbursement amount will not exceed $57,192.97. Recommendation: To approve Resolution No. 2006-089. .NRH RESOLUTION NO. 2006-089 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH lAND HillS, TEXAS, THAT: 1 . THAT the City Manager be, and is hereby authorized to execute the attached City-Developer Agreement with Arcadia Land Partners 16, Ltd. for Impact Fee Reimbursement for Sewer Lines (identified as Segment W-6.1 and Segment WB.30-33) located in Home Town / Town Center Development as an act and deed of the City. PASSED AND APPROVED this the 23rd day of October, 2006. Oscar Trevino, Mayor ATTEST: . Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director . . -. CITY OF NORTH RICHLAND HILLS CITY-DEVELOPER AGREEMENT FOR IMP ACT FEE CREDIT ST ATE OF TEXAS § § § KNOWN ALL MEN BY THESE PRESENTS COUNTY OF TARRANT The parties to this contract are Arcadia Land Partners 16, Ltd., assignee of E-Systems, Inc. Pool Trust, of the County of Dallas, State of Texas (hereinafter "Developer"), and the City of North Richland Hills, Tarrant County, Texas (hereinafter "City"). WIlNESSETH: For and in consideration of the mutual covenants herein contained and for the purpose of providing public sewer improvements shown in the construction documents titled "Trunk Sanitary Sewer" (1999) and "Blue Line Ice Reliever Sanitary Sewer" (2000) the Developer and the City hereto agree: l. The Developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, the Developer has delivered construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer, and has also furnished construction surveying, cut sheets and field adjustments. . 2. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is' in accordance with the project specifications and the City standards. 3. The Developer has provided to the City on City Forms, maintenance bonds in the amount of twenty (20%) percent of the contract price. 4. The City agrees to participate in the cost of the facilities by crediting certain impact fees to Developer after construction is complete and accepted. The description and amount of participation is as follows; In accordance with Ordinance No. 2241~ the Water and Wastewater Inlpact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the agreed upon below, after construction of the improvements have been completed and accepted by the City. If the actual amount paid to the Developer is less than the bid amoWtt, the City participation will be reduced accordingly. Cily-Developer Agreement - Arcadia Land Partners J 6. Inc. (Sewer) - Page 1 . . . . .~ . Eligible J?ligible Maximum Deve)oper~s Calculated Facilities Construction Percentage Reim bW'Sement Cost Reimbursement Cost AmOUl)t Home Town Trunk Sewer $130,553.00 32. 72% $42) 716.94 $102,.232.55 $33,450.49 (\VB 30-33) Blue Line Ice ReHever $44..242. "1 5 32.72% $14,476.03 $58,257.43 $14)476.03 Sewer (W..6.1) ToLals: $174,795.15 $57)192.97 $160..489.98 $47,926.54 TOTAL MAXIMUM REIMBURSEMENT = ~ S7~192A97 5. The City \\111 provide inspection as required QI1d upon satisfactol)' completion of the work, Jhe city ,,·"ill accept o\\-l1ership, main~enance and operation of the system subject to the tenns of the maintenance bonds. 6. The Developer further covenants and agrees to, and by these presents does hereby,. fully indemnif}~ and hold harmless the City, its officers, agents, and employees from all suits, acûons, or clairm of W1}" character,. 'whether real or asserted, brought for or on account of any injuries or damages sustained by WI)" persDns (including death) or to any pro pert)' , resulting from or in connection with the constructio~ design~ perfonnance or completion of any work 10 be perfonned by said Developer, his contractors, subcontractors, officers, agents or employees) or in consequence of any failure to properly safeguard the ,vork) or on account of any act~ intentional or otherwise.. negl ect or misconduct of said Developer, his ,contractor, subcontractors, officers) agents.. or employees~ \vhether or not such injuries) death or damages are caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers,. agents, servants, emplo)"ees, contractors or subcontractors. 7. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances shall be vested in the City of North Richland Hills) Texas, Arcadia Land Partnen 16, Ltd. \ \ \. c:- \ ....-.- '-.. John Hodge) Presiaent - By: - City of North Richland Hills By: Larry J. Cunningham, City Manager C;~Dtveloper ARreement - Arcadia Land Partner. J 6, Inc. (Sea'er) - Page 2 . (Prepared by NRH/Public Works Dept.) Impact Fee Reimbursement SEWE.R . ~i j; \ -- .. ., -; ~ II \L\ ~;. ~ ~:: ::" 1 ' un., · , ; I I 't I I ; · i·f. t MID-CITIES BLV~~ :. --~------ -h t--------.-.--.=~~·~·~-r\1 \r~~----~T1!!t ~ ...... ~~ _ ~'. "\ :\ "~I"'::' ~ ~.~ : ~ &", : I~ ,.I.~ l.n2 ~ ! "v. l' \ ~ ~c; ! i : â~ '; i ,.~ :.14 : ~ , I .~ " ~o~~ ~11 Q I 1\ \ ,~S '¡ '; ! : : J. . ,.. \ '(ØI'- ~ ~, """,---- ~ " ! I ' " _._' \ -=t /tI; \. ___' I . l ,I- ..... .. .~- C"t~ LII t:~~L iii 2" - ~__6 1 TtL1A.t.· 'I. '" Ã1T~- , ~.~. ~.:~~~~~ j ··~,'~~'~-;T""i.ï;~;'~':~,:;-n:.-_.. 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I \ \~.i\:l~:~!!r~~,~~-~,(~~ ~.~ .' ~\:\~ ~, , · I ~- rr~-i,~ .' .':1 .\ . '------- ~l(!(.(/~ ~--:;i\\~~'~,,~... .,~~, '\ ' ~ .~,¡p.:::._, /~ ~~ t)"'~.1I'22'~~·'" " !; \.,". ..~t.c 14'··:sg ~ --.. ,~I '~I" , L...~- I1k ¡;...---- IJftx.t Si " 'u,u~,.~...-J ~..-& 10'+'" ~-;'')Z't:f''':~iM;;~~~~~~)''''J, ~ ~ I "., c~ .s - i I ,..... · / , "8016\ ",AI \.., ~ II; ''''''~ ~=;';:'''~''''_::<'/ : A : 3- \ . 1 ~ I,~ --.,' ,,:11 , 51. ,M. ~.--- --~ J ,. \ ~ \ 'ì-,-~. ~ ~ '-.-- --¡( ;~.' r.7". : .,~ I. SS I . ~ E11~_,-.---:-. ,I ' I i ~ .....2 AC ' i : ~-~ 1J. -a.c: .... M: ---- . . . . CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 10-23-2006 Agenda No. B.3 Subject: PW 2006-037 Approve City-Developer Agreement with Arcadia Land Partners 16, Ltd. for Impact Fee Reimbursement for Water Lines located in Home Town NRH West, Phase III - Resolution No. 2006-090 Previously, Arcadia Land Partners 16, Ltd. (Developer) installed the water lines which serve Home Town NRH West, Phase III. Some of these water lines were identified in the "Water and Wastewater Impact Fee Study" dated July 31, 1997 by Knowlton- English-Flowers, Inc. Even though this particular impact fee program ("1997 program") has ended, these specific water projects were started prior to the end of this program and the funds were set aside to be reimbursed at a future date. These lines are all 10" DIA and identified in the "Water and Wastewater Impact Fee Study" as Segment P- 8276, Segment P-8277 and Segment P-8939. These water improvements as outlined in the "Water and Wastewater Impact Fee Study" are eligible for reimbursement based on a maximum total construction cost of $90,359.00 and a subsequent maximum reimbursement value of $66,305.43 (73.38% X $90,359). The Developer has submitted a total construction cost of $100,107.00 resulting in a proposed reimbursement value of $73,458.52 (73.380/0 X $100,107), thereby exceeding the maximum reimbursement value. The developer is aware that the maximum reimbursement available from the City is $66,305.43 and the agreement reflects this amount. In accordance with the Impact Fee Ordinance and following Council's approval of this agreement, the Developer can receive reimbursement for the improvements. The final reimbursement amount will not exceed $66,305.43. Recommendation: To approve Resolution No. 2006-090. .NRH RESOLUTION NO. 2006-090 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS, THAT: 1. The City Manager be, and is her~by authorized to execute the attached City- Developer Agreement with Arcadia Land Partners 16, Ltd. for Impact Fee Reimbursement for Water Lines (identified as Segment P-8276, Segment P-8277, Segment P-8939) located in Home Town NRH West Phase III as the act and deed of the City. PASSED AND APPROVED this the 23rd day of October, 2006. Oscar Trevino, Mayor ATTEST: . Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director . . . . . . CITY OF NORTH RICHLAND mLLS CITY-DEVELOPER AGREEMENT FOR IMPACT FEE CREDIT STATE OF TEXAS § § § KNOWN ALL MEN BY THESE PRESENTS COUNTY OF TARRANT The parties to this contract are Arcadia Land Partners 16, Ltd., of the County of DaJlas~ State of Texas (hereinafter "Developer"), and the City of North Richland Hills, Tarrant County, Texas (hereinafter "City"). WITNESSETH: For and in consideration of the mutual covenants herein contained and for the purpose of providing public water improvements shown in the construction docwnents tided "Home Town NRH West Phase III - Tracts W5, W8 & W9" (2004) the Developer and the City hereto agree: 1. The Developer has paid to the City all processing fees and has furnished the necessary pennits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, the Developer has delivered construction plans, specifications and aU other necessary contract documents prepared by a registered professional engineer~ and has also furnished construction surveying, cut sheets and field adjustments. 2. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is in accordance with the project specifications and the City standards. 3. The Developer has provided to the City on City Fonns, maintenance bonds in the amoW1t of twenty (20%) percent of the contract price. 4. The City agrees to participate in the cost of the facilities by crediting certain impact fees to Developer after construction is complete and accepted. The description and amount of participation is as follows: In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the agreed upon below, after construction of the improvements have been completed and accepted by the City. If the actual amount paid to the Developer is less than the bid amount, the City participation will be reduced accordingly. City-Developer A.greement - Arcadia Land Partners J 6, Lid - Page / . ~ . . I. Facilities (Water) p~ 8276 P.8277 P.8939 Totals EligIble Construction Cost $53731.00 $24070.00 $12558.00 $90,359.00 Calculated ¡ Reimbursement ¡ Amount $39427.81 $17662.57 $9215.06 $66,305.43 Eligible Percentage 73.38% 73.38°Æ. 73. 38°/Ó Maximum Reimbursement $39427.81 $17.662.57 $9215.06 $66,305.43 Developers Cost $59985.00 $26365.89 $13,756.11 $100,107.00 TOTAL MAXIMUM REIMBURSEMENT = S66.305a43 S. The City '\\111 provide inspection as required and upon satisfactol')" completion of the \vor~ the city will accept.o\\111ership. maintenance and operation of the system subject to the tenns of the maintenance bonds. ó. The Developer further covenants and agrees tOt and by these presents does hereby, fully indenmify and hold harmless the City, its officers~ agents) and employees from all suits) actions, or claims of any character. whether real or asserted, brought for or on aCColU1t of an)' injwies or damages sustained by any persons (including death) or to any property) resulting from or in connection '\\'ith the construction, design, perfonnance or completion of any work to be performed ,by said Developer) his contractors. subcontractors~ officers) agents or emplo)'ees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otbemise) neglect or núsconduct of said Developer, his contractor, subcontractors, officers. agents~ or employees) "rhether or not such injuriest death or damages are caused) in whole or in part, by the alleged negJigence of the City of North Richland HiJls) its officers, agen1s~ servan1s, employees, contractors or subcontractors. 7. Upon completion of the work. good and sufficient title to aU facilities constructed ~'arrW1ted free of any liens or encumbrances shall be 'Vested in the City of North Richland Hills, Texas. Arcadia ~d Pa...tners 16~ Ltd. \ \ ( '\ ! c~_.... "'---~" By: John Hodge. President ....' City of North Richland Hills By: Larr)" 1. Cunningham, City Manager City-Developer Agr'em~nt - Arcadia Land Partners J 6, LId - Page 2 . ~~G~ ." ~~~ - , p.t (Prepared by NRHlPublic Works Dept.) !iU ~ ~~~~~~~:£- ~ - \\ r- .. - ~.-~,~-.~---~-. ~~'_,__n_.. --.- __n_......._.. .~'~ '.', 10" _ P .8276 10" - P.8939 ~. Ií' .'\ " TO ~ ~'f'~'· Tft t1À\ ¡. ~ .2'4 AC' . in_,;._..: l · . m-- -.__.. 1 j T§ '''~ ! -I :D :-_~~~-.~~.---..-----.--:.!...L 7 I (t-,·, .Ð~LE OR '. ~.,. --"'-'-. ,-0 1 28 " . .... '. r- '_......., ~ 25204 23 '.. .. "'- - " " 22 2'20 " 111 11 10 "\1 .'.:" -,. ".-.... __..:..J 15 ~ S ...... 14 1<.. " 10 ~ ! m -, ~. - , .// ,L.'tNT M~^ L¥ì 12 _. .1 25 21 ...1 I .. , 2J 21. '-1 20 I ~' \1 \:-. \ ',' \ \ \ ('~- VI '\1 -- . ' \ . ~ ',. ,~þ.: < .1 II \" t-~()\O\..~'· . 15 14 ~ .... 18 I \ 2:2~ 19 :t8.17 005 \ 22 ',! J 4 : \ 2 ~\Jø: s~ f i' d~ . . ~ 1-R \\. ...,.~C)~. .. \¡.e;·t a.' 9 .. .~', 17 'W;¡ ~ ~ ~~\ ", f..~",:'" ,.' \ \ 1U '\.z. \'. ~\ ~n'JoI\' ".. 7 ) ... ,"" . k ~\"4 ~. Î:. . ' 11 \~\ 1J ' .. ~ .~- , i Þ{',~)i' . . , " 12 , ,:" \.. - . .. . -Ff 14 13 \\ " 2 \ ((7 16 16 \~' <I~ \\ ~~:.:( \ \ ..:,,'!'.-',- , , \ v_. ,,»\.'IJA '-"-"-"-"-"-"-'\~."" " ~'\ :~.- ~ . .. ~ \ -~_._~~L\\ .. _.' j. ~~;oo.- ". '710 ~'.'..':':~~------ ...;,....:- -,', MID-CITIES BLVD. _.. -....-..-...-.. ---------- . ~. - .. .,. IIa4 ..... - .' -.. --.-. i .. III? ,- ... . 10" - P.8277 ". . : "~:"~ì~' .~.: M. I I Q 1 \ : '. \ 7 \ '. \ \ ;i~_',,\~,~:.·~J\: \ pi ; t\\~~", . . ~, 1qU'1~~' B , '..280 . Home Town NRH West, Phase III Impact Fee Reimbursement WATER . . . . CITY OF NORTH RICHLAND HILLS Department: Support Services Presented by: Thomas Powell Council Meeting Date: 10-23-2006 Agenda No. B.4 Subject: GN 2006-096 Authorize City Manager to Approve the Proposal from Professional Service Industries, Inc. for Materials Testing and Inspection Services at new Library in the Amount of $27, 183 - Resolution No. 2006-092 Various materials testing and inspections are required during construction of a building. The tests and inspections include checking piers for diameter and depth, soil for compaction and moisture, re-bar for size and spacing, concrete for density and strength, brick mortar for strength and elasticity, and weld joints on the steel structure. A materials testing and inspection company is traditionally hired by the owner and represents the owner's best interest during a construction project. Professional Service Industries, Inc. (PSI) and two other materials testing and inspection companies submitted favorable statements of qualifications for performing the materials testing and inspections during the construction of the Library. During discussions with BRW Architects and Steele & Freeman, it was recommended to use PSI for the materials testing and inspections since they performed the original soil analysis which was used to design the building. Using the same company for soil analysis as well as testing and inspections is preferable in the event there are any quality assurance issues. PSI has a good working relationship with the City based on several past projects. The other two companies have no previous history with the City. Per negotiations with City staff and the testing specifications in the bid documents, PSI has submitted a proposal with an estimated cost of $27,183. This cost is in line with materials testing and inspection costs on previous projects. The cost for these services can vary depending on the actual testing performed and time required during the project. The estimated cost of $27, 183 is within the $30,000 allocated in the construction budget for material testing and inspections. Recommendation: Approve Resolution 2006-092 authorizing the City Manager to approve the proposal from Professional Service Industries, Inc. in the amount of $27,183. .NRH RESOLUTION NO. 2006-092 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to approve the proposal from Professional Service Industries, Inc. in the amount of $27,183 for the materials testing and inspection services for the new Library, as the act and deed of the City. PASSED AND APPROVED this the 23rd day of October, 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: . Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Thomas Powell, Support Services Director . . . . Department: City Secretary Presented by: Subject: PUBLIC HEARINGS No items for this category. CITY OF NORTH RICHLAND HILLS Council Meeting Date: 10-23-2006 Agenda No. C.O . . . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 10-23-2006 Agenda No. 0.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. . . . Department: City Secretary Presented by: Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 10-23-2006 Agenda No. E.O . . . CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 10-23-2006 Agenda No. E.1 Subject: PW 2006-035 Approve Amending Section 54-102(b) of the North Richland Hills Code of Ordinances and Approve Speed Limit Changes on FM 1938 (Davis Boulevard) - Ordinance No. 2909 During the past few years, staff has made several requests to the Texas Department of Transportation (TxDOT) to lower the speed limit along Davis Boulevard from the northern City limit line to Smithfield Road. Staff has submitted speed studies and petitions, but until now TxDOT has denied all requests. After the most recent request from the City, TxDOT conducted a traffic speed investigation for FM 1938 (Davis Boulevard). TxDOT's investigation has shown that a section of Davis Boulevard's speed zones could be changed. The section that TxDOT will allow to be changed is the entire section that was marked 55 miles per hour (beginning approximately at Hightower Drive to the North Richland Hills/Keller city limit line). This section will be lowered from 55 miles per hour to 50 miles per hour. All other sections along Davis Boulevard will remain the same (50 miles per hour or 40 miles per hour). The attached location map indicates the various speed limits along Davis Boulevard. TxDOT has also starting using the Mile Post (MP) method of identifying the locations of the speed zones on Davis Boulevard. This identification process of the speed zone limits is different from the "Stationing" process previously used and requires the City to update our existing ordinance for all speed zones on Davis Boulevard (located within our City limits) to match TxDOT's new method. Therefore this ordinance will indicate changes along the entire length of Davis Boulevard, but the only section where the speed limit will be lowered is the section that was 55 miles per hour (approximately Hightower Drive to North Richland Hills/Keller city limit line). The other changes to the ordinance are necessary because of how TxDOT defines the speed zone limits. The revisions are as follows: Revision 1: North Richland Hills/Keller City Limits to Smithfield Road; TxDOT Mile Post (MP) 1.712 south 4.230 miles to MP 5.942 - Zoned at 50 miles per hour excluding school zone times. Currently this section of Davis is zoned 55 miles per hour from the City limit to Hightower Drive and zoned 50 miles per hour from Hightower to Smithfield. This ordinance (if approved) will revise the speed limit that was 55 miles per hour to 50 miles per hour. This entire section of Davis would then be zoned 50 miles per hour. Revision 2: Smithfield Road to State Highway 26 (Boulevard 26), TxDOT MP 5.942 south 1.571 miles to MP 7.513 - Zoned at 40 miles per hour. . Currently this section of Davis is zoned 40 miles per hour but as noted, the process of identifying speed zone locations by TxDOT has changed and therefore the new ordinance reflects the required change. The Police Department has no objections to the proposed changes. Recommendation: To approve Ordinance No. 2909. . . eNRH ORDINANCE NO. 2909 AN ORDINANCE AMENDING SECTION 54-102(b) OF THE NORTH RICH LAND HILLS CODE OF ORDINANCES AND ALTERING THE PRIMA FACIE MAXIMUM SPEED LIMITS ESTABLISHED FOR VEHICLES ON DAVIS BOULEVARD (FM 1938) WITHIN THE CORPORATE LIMITS OF THE CITY UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION; ESTABLISHING A PENALTY AND PROVIDING FOR PUBLICATION. WHEREAS, Section 545.356 provides that the governing body of a municipality may determine upon the basis of an engineering and traffic investigation the maximum prima facie reasonable and safe speed limit for vehicles upon any part of a street or highway within the city and to establish such speed limits by ordinance; and, . WHEREAS, the Texas Department of Transportation (TxDOT) has performed such engineering and traffic investigation for Davis Boulevard (FM 1938) and has recommended that posted speed limits be changed as herein established; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. That Sec. 54-1 02(b) of the North Richland Hills Code of Ordinances be amended by amending the speed limits established for Davis Boulevard (FM 1938 by deleting from the table inset all speed limits for Davis Boulevard and FM 1938 and inserting in such table the following: "TABLE INSET: STREET/HIGHWAY SPEED LIMIT (miles per hour) Control 1978-01, Davis Boulevard, FM Road 1938, North Richland Hills/Keller City Limit to Smithfield Road as described by TxDOT Mile Post (MP) 1.712 50 south 4.230 miles to MP 5.942, excluding school zone times. Control 1978-01, FM Road 1938, Davis Boulevard, Smithfield Road to State Highway 26 (Boulevard 26) as described by TxDOT MP 5.942 south 1.571 mile 40 MP 7.513 " e . 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 Hundred Dollars ($200.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause or phrase of this ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or phrase of this ordinance. Section 4. The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. Section 5. This ordinance shall be effective upon publication after posting of signs giving notice of such speed limits. PASSED AND APPROVED this 23rd day of October, 2006. . Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, Attorney RECOMMENDED AND APPROVED: Mike Curtis, Public Works Director . . (Map prepared by NRH/Public Works Department.) .-.. -- .---.. ..-. --... LOCATION MAP FOR DAVIS BOULEVARD SPEED ZONES RUMFIELO DRIVE . ~",f ~~ Q ð œ :3 uJ ¡:: ¡: ~ ~ MID CITIES BOULEVARD CHANGE IN SPEED ZONES -- 40 MPH . ~ ~ ~ ~ ~ ~ CITY OF . NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-23-2006 Presented by: Agenda No. F.O Subject: GENERAL ITEMS . . CITY OF NORTH RICHLAND HILLS . . . Department: Neighborhood Services Presented by: Jo Ann Stout Council Meeting Date: 10-23-2006 Agenda No. F.1 Subject: GN 2006-091 Amending Chapter 34 of the North Richland Hills Code of Ordinances adding to the defined public nuisances therein the failure to keep grass, weeds and uncultivated vegetation within three feet of structures and fences under ten inches in height; the failure to remove trash before mowing or weed eating; and making it a misdemeanor for a person in charge of a premises to fail to abate a defined public nuisance or correct a prohibited condition after notice; and eliminating set charges for mowing and substituting actual costs plus administrative fees - Ordinance No. 2907 The purpose of this ordinance is two-fold. First, to address citizen concerns relative to high grass and weeds and trash nuisances as evidenced by the 2005 Citizen Survey. Secondly, to fulfill several goals established by the City Council including neighborhood preservation, enhanced community aesthetics and image, the stimulation of economic vitality and a general reduction in the amount of trash and debris within the City. In order to accomplish this, the Neighborhood Services Department is seeking approval on four (4) proposed changes to Chapter 34, the Nuisance Ordinance. These changes are as follows: 1) The first amendment would make it a misdemeanor for the Ilverson in charae" and/or the property owner of a premise to fail to abate a violation. Currently the Nuisance Ordinance only allows the code officer to hold the property owner responsible for any violations. The code officers have dealt with many tenants and business managers who fail to abate nuisance violations. The property owner of a rental home is sent a notice and contacts the code officer stating that they are aware of the violation(s) but they are fearful that the tenant will move out if they require them to abate the problem. We have also experienced children living in homes owned by their parents. The parents may be elderly and cannot control the actions of their child. The code officers are also sometimes put in a position where their child is unemployed and the parents feel obligated to support them and refuse to make them clean up the property or move out. In these situations the code officer is left issuing the parents citations when the fault truly lies with their children. In addition, this proposed ordinance will allow the code officers to hold local businesses, as well as the property owner liable for any violation on the business property. Situations have also occurred where the business owner lives out of State. The code officer writes the owner a citation and the owner does not pay the ticket. The judge may issue a warrant but the warrant will only be enforced if the out of State owner decides to come to NRH and has a traffic violation while he is in our city. In such circumstances, we have no other enforcement option. This amendment will allow the code officers to issue the tenant and business managers, or person in charge of the property, citations and hold them accountable, as well as the property owner if necessary. . . . 2) The second amendment is in response to the 2005 Citizen Survey where our citizens stated concerns about litter in our community. Currently the Nuisance Ordinance as it pertains to high grass and weeds, does not require property owners and contractors to pick up trash and debris prior to mowing. Therefore, any trash and debris on the property, when mowed, scatters smaller pieces of litter throughout the property and adjacent properties. This amendment would require all property owners and contractors to pick up their trash prior to mowing. The Public Works Department and Parks Department currently require their contractors to do the same. Our main violators are vacant businesses and undeveloped lots. 3) The third amendment would require all property owners and contractors to trim grass or weeds that grow to a height of more than 10 inches within three (3) feet of the perimeter of their property and along any structure, fence, street or sidewalk of the property. This ordinance will also help eliminate the accumulation of trash and litter that currently blows and settles in these areas, as well as, will reduce possible rodent harborage. 4) The fourth amendment would eliminate the current set fees associated with mowing and cleaning a property, as set forth in Appendix A of the Fee Schedule. It will allow the code officer to charge the property owner the actual costs of such mowing/cleaning charged by the contractor. The administrative fee will remain. This change will not affect the mowing/cleaning procedures under which the code officers are currently working. In conclusion, these amendments will ultimately provide our code enforcement officers additional tools to address on-going nuisance violations. They will aid us in dealing directly with the source of the problem, which is not necessarily the property owner, but the tenant. In addition, they will impact the aesthetics of our community by helping to reduce litter that accumulates on properties by requiring the trash and debris to be picked up and disposed of prior to mowing. They will also help eliminate the build up of trash along fence lines and structures and reduce rodent harborages. These amendments, in combination with our new programs such as the Litter Not Proaram, Neiahborhood Looks and our existing Neiahborhood Initiative Proaram will have a positive impact on litter and debris in our community, help us in strengthening our neighborhoods, provide a best foot forward in supporting economic vitality and help ensure that NRH remains one of the "Best Places to Live" far into the future. Recommendation: Approval of Ordinance No. 2907 .NRH ORDINANCE NO. 2907 AN ORDINANCE AMENDING CHAPTER 34 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES ADDING TO THE DEFINED PUBLIC NUISANCES THEREIN THE FAILURE TO KEEP GRASS, WEEDS AND UNCULTIVATED VEGETATION WITHIN THREE FEET OF STRUCTURES AND FENCES UNDER TEN INCHES IN HEIGHT; THE FAILURE TO REMOVE TRASH BEFORE MOWING OR WEED EATING; AND MAKING IT A MISDEMEANOR FOR A PERSON IN CHARGE OF PREMISES TO FAIL TO ABATE A DEFINED PUBLIC NUISANCE OR CORRECT A PROHIBITED CONDITION AFTER NOTICE; AMENDING SECTIONS 34-75 AND APPENDIX A OF THE NORTH RICH LAND HILLS CODE OF ORDINANCES; ELIMINATING SET CHARGES FOR MOWING AND SUBSTITUTING ACTUAL COSTS PLUS AN ADMINISTRATIVE FEE ESTABLISHING NOTICE REQUIREMENTS; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY AND FOR PUBLICATION. . WHEREAS, staff has requested amendments to Chapter 34 of the Code of Ordinances to permit issuance of citations to persons in charge of property who fail to abate nuisances of correct prohibited conditions after notice, adding defined nuisances prohibited by ordinance and; NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Article I of Chapter 34 of the North Richland Hills Code of Ordinances is hereby amended by adding Section 34-1 which shall read as follows: "Sec. 34-1. Nuisances prohibited; violations. Any person who owns or in charge of premises on which a condition prohibited by or a public nuisance is defined by this Chapter shall be deemed guilty of a misdemeanor if such nuisance or condition is not corrected within the time required by notice to such owner or person in charge of such premises." Section 2. THAT Section 34-33 of the North Richland Hills Code of Ordinances is hereby amended by adding thereto a new Subsection (26) which shall read as follows: "Sec. 34-33 Specific Nuisances Without limiting the power of the city council to hereafter declare as public nuisances any other act, condition, or thing, by ordinance, the following specific acts, conditions, and things are each and all of them are hereby declared to be and constitute public nuisances: . . (26) Mowing or weed eating without first removing trash and debris which will be scattered by the mowing or weed eating process." Section 3. THAT Sec. 34-37 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 34-37. Notice of violation. Whenever it is determined that a violation of this article exists, except where a different notification requirement is established in this article, the code enforcement officer shall give notice to the owner of the property as provided in Sec. 34-38 and/or to the person in charge of such property in the same time and manner as provided by such section for notice to the owner." Section 4. THAT Sec. 34-42(b) of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 34-42. Recovery of Costs. . (b) Administrative fee. An administrative fee shall be assessed for each charge. Such fee is established for 2006 in Appendix A. The director of Finance shall review the administrative fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the Department of Commerce. Section 5. THAT Sec. 34-71 (a) if the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 34-71. Height limitations. (a) General limitation. It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the corporate limits of the city to suffer or permit grass, weeds, or any plant that is not cultivated, to grow to a greater height than ten inches, on an average, or to grow in rank profusion upon said premises, including along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then the property shall be maintained to the traveled portion of the street. In the case of agricultural tracts of five acres or larger, this article will be satisfied if the hay or grass is kept mowed to a height no greater than ten inches for a distance of 100 feet around the entire perimeter of the tract General limitation. It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the . . corporate limits of the city to suffer or permit grass, weeds, or any plant that is not cultivated, to grow to a greater height than ten inches, on an average, or to grow to a height of more than ten inches along the perimeter or around trees, or to grow in rank profusion upon said premises, including along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then the property shall be maintained to the traveled portion of the street. In the case of agricultural tracts of five acres or larger, this article will be satisfied if the hay or grass is kept mowed to a height no greater than ten inches for a distance of 100 feet around the entire perimeter of the tract. It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the corporate limits of the city to suffer or permit uncultivated plants, grass or weeds to grow to a height of more than ten inches within three feet of the perimeter of such property, or of any structure or fence on such property or of any adjacent street or sidewalk." Section 6. THAT Sec. 34-73 of the North Richland Hills Code of Ordinances be amended to read as follows: . "Sec. 34-73 Notice of violation. Whenever it is determined that a violation of this article exists, the director of neighborhood services or as otherwise directed by the city manager shall give notice of such violation to the owner of such property as provided in sections 34- 73 and/or to the person in charge of such property in the same time and manner as provided by such section for notice to the owner." Section 7 . THAT Sec. 34-75(b) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 34-75. Charges for abatement by City. (b) Charges. The city's charge for abatement under this Article shall be the administrative fee established in Appendix A for each parcel or lot plus the actual cost of clearing, cleanup and mowing." Section 8. THAT Appendix A of the North Richland Hills Code of Ordinances be amended by deleting all fees under Chapter 34 except the Administrative fees established therein. Section 9. 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 1 O. THAT the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause or phrase of this ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or phrase of this ordinance. Section 11. THAT the City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. PASSED AND APPROVED this 23rd day of October, 2006. CITY OF NORTH RICH LAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: . George A.Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Director of Neighborhood Services . CITY OF NORTH RICHLAND HILLS . Department: Parks and Recreation Presented by: Vickie Loftice Council Meeting Date: 10-23-2006 Agenda No. F.2 Subject: GN 2006-097 Award of Bid to Workman Commercial Construction Services, L TD in the Amount of $797,281 for the Construction of the 2007 Mat Racer Slide Addition at NRH20 Family Water Park - Resolution No. 2006-093 The approved Aquatic Park Capital Improvement Program includes funding for the design and construction of the Mat Racer Slide addition at NRH20. This is the first phase of the attraction expansion plan which is based on the results of the Strategic Plan Update completed in September 2005. The Mat Racer Slide addition shall consist of a completely engineered four lane mat racer slide manufactured by WhiteWater West Industries Ltd., skid mounted pool equipment package, site preparation and grading, paving, turf, irrigation, shade structure, lighting and drainage. The attraction will face Boulevard 26 and be located adjacent to the Green Extreme sharing the same tower for structural support. Riders will descend the ride headfirst on a mat which they will carry up the slide tower with them. Six Bids were received for the Mat Racer on October 4, 2006 as follows: . Bidder Alt. 1- Shade All. 2a- Alt. 2b- Rip All. 2c- Total·with Base Bid Canopy River Rock Rap Landscape Alternates Workman Commercial $789,281.00 $8,000.00 $9,000.00 $25,000.00 $21,000.00 $852,28t.OO KMJ Contractors $801,849.00 $8,800.00 $29,000.00 $5,200.00 $26,000.00 $870,849.00 AUI $814,619.00 $8,548.00 $23,632.00 $12,798.00 $25,378.00 ~8~,~75·.00 The Fain Group $872,866.00 $10,319.00 $11,132.00 $3,896.00 $15,362.00 $913,575.00 Northstar Construction $838,149.00 $11,200.00 $35,000.00 $10,000.00 $31 ,000.00 $925,349.00 Bauer's Lawn and Landscape No Bid No Bid $12,835.00 $4,651.50 $21,677.80 No Bid Staff recommends acceptance of the Base Bid and Alternate 1 which is for the Shade Canopy on top of the slide. This shade canopy will provide additional protection for our guests and team members and will also add to the overall appearance of the project. The remaining alternates were for providing additional landscape enhancements which can be addressed at a future date. Although the lowest overall bidder is Workman Commercial Construction Services, L TO, their bid including Alternate 1 of $797,281, is $67,281 greater than the available construction budget of $730,000. Bauer's Lawn and Landscape was not considered since they did not provide a base bid for the project. A staff committee consisting of Toni Van Hooser, Interim Purchasing Agent, David Pendley, Building Official, Joe Pack, Senior Park Planner, Chris Swartz, NRH20 Water Park Manager and Steve Plumer, . '. .1 . Park Planner evaluated the bids. Given that Workman Commercial's bid is the lowest responsible bid and the City desires to complete the project for the 2007 Season, staff has carefully reviewed the plans and specifications with the consultants, representatives from WhiteWater and Workman Commercial to determine what could be modified without sacrificing public safety, entertainment value, aesthetics and operational expectations of the attraction. As a result, a deduct change order is being recommended to bring the contract closer to budget. The total amount reduced from the contract is $33,000 and can be done so in the following manner: Soil Moisture Conditioning General Conditions Installation by Workman in Lieu of WhiteWater $5,000 $8,000 $20,000 $33,000 Total Deduct Change Order Amount The reduction in contract of $33,000 leaves a budget deficit of approximately $35,000. An increase in the budget to cover this deficit is recommended with the source of funds being the Aquatic Park Expansion Reserve. These funds are currently unallocated to a specific project. If this contract is awarded to Workman, then Agenda Item No. F.5 will address the recommended Change Order #1 and the necessary budget amendment. Workman Commercial is an Arlington based company with 14 years experience in park construction. They are the General Contractor for the Saginaw Aquatic Center and are reported by the consultant, Kimley-Horn, to be performing at an above average rate. A conflict of interest questionnaire from Workman Commercial is on file with the city. Recommendation: To approve Resolution No. 2006-093 ·NRH RESOLUTION NO. 2006-093 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to approve a construction contract with Workman Commercial Construction Services, L TD in the amount of $797,281 for construction of the Mat Racer Slide Addition at NRH20 Family Water Park, as the act and deed of the City. PASSED AND APPROVED this the 23rd day of October, 2006. CITY OF NORTH RICH LAND HILLS By: Oscar Trevino, Mayor ATTEST: .' Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Vickie Lottice, Director of Parks and Recreation . CITY OF NORTH RICHLAND HILLS . Department: Parks and Recreation Presented by: Vickie Lottice Council Meeting Date: 10-23-2006 Agenda No. F.3 Subject: GN 2006-098 Approve Deduct Change Order #1 to the Construction Contract with Workman Commercial Construction Services, L TO in the Amount of $33,000 and Amend the Aquatic Park CIP Budget - Resolution No. 2006-094 The approved Aquatic Park Capital Improvement Program includes funding for the design and construction of the Mat Racer Slide addition at NRH20. This is the first phase of the attraction expansion plan which is based on the park's updated Master Plan which was a part of the overall City Council approved Strategic Plan Update completed in September 2005. Six Bids were received for the Mat Racer on October 4, 2006 as follows: Bidder Alt. 1- Shade Alt. 2a- Alt. 2b- Rip Alt. 2c- Total.with Base Bid Canopy River Rock 'Rap Landscape Alternates $789,281.00 $8,000.00 $9,000.00 $25,000.00 $21,000.00 $852,281.00 $801,849.00 $8,800.00 $29,000.00 $5,200.00 $26,000.00 $870,&49.00 $814,619.00 $8,548.00 $23,632.00 $12,798.00 $25,378.00 $884,975~OO $872,866.00 $10,319.00 $11 , 132.00 $3,896.00 $15,362.00 $~13,57º.00 $838,149.00 $11,200.00 $35,000.00 $10,000.00 $31 ,000.00 $925,349.00 No Bid No Bid $12,835.00 $4,651.50 $21,677.80 No Bid Workman Commercial KMJ Contractors AUI /..'~ The Fain Group ~ - I Northstar Construction Bauer's Lawn and Landscape Although the lowest overall bidder is Workman Commercial Construction Services, L TO, their bid including Alternate 1 of $797,281, is $67,281 greater than the available funding of $730,000. Bauer's Lawn and Landscape was not considered since they did not provide a base bid for the project. Given that Workman Commercial's bid is the lowest and the City desires to complete the project for the 2007 Season, staff has carefully reviewed the plans and specifications with the consultants, representatives from WhiteWater and Workman Commercial to determine what could be modified without sacrificing public safety, entertainment value, aesthetics and operational expectations of the attraction. As a result a deduct change order is being recommended to bring the contract closer to budget. The total amount reduced from the contract is $33,000 and can be done so in the following manner: Soil Moisture Conditioning General Conditions Installation by Workman in Lieu of WhiteWater $5,000 $8,000 $20,000 $33,000 Total Deduct Change Order Amount . . The reduction in contract of $33,000 reduces the total contract amount to $764,281 leaving a budget deficit of approximately $35,000. An increase in the budget to cover this deficit is recommended with the source of funds being interest earnings on the certificate of obligation proceeds from the multi-level Splashatory attraction. Over the course of the construction of that project approximately $68,000 in interest was earned. These funds are currently unallocated to a specific project. The original construction budget of $730,000 will be revised to $765,000. The attached detail sheet outlines the budget adjustment. Recommendation: To approve Resolution No. 2006-094 . . eNRH RESOLUTION NO. 2006-094 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute Change Order #1 to the construction contract with Workman Commercial Construction Services, L TD, in the amount of $33,000, for the Mat Racer Slide Addition at NRH20 Family Water Park and Amend the Aquatic Park CIP Budget - New Park Attraction (Project Number WP0502) by increasing the total cost to $835,000, as the act and deed of the City. PASSED AND APPROVED this the 23rd day of October, 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor . ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Vickie Loftice, Director of Parks and Recreation . . Aquatic Park Capital Projects First Phase Attraction (Mat Racer) WP 0 502 PROJECT DESCRIPTION & JUSTIFICATION This is the first phase of attraction expansion based an the results of the StrategIc Plan Update that Ineluded an update to the park's Master Plan. This attraction will be located adjacent to the Green Extreme and will share the tower structure. NRH20 last added an attraction [n 2004. As designated in the Update to NRH20ls Strategic Plan. new attractions must be added to continue to keep current guests attending and attract future guests. This attractton. as recommended by our consultant. is projected to bring in an additional 16tOOO visitors (n attendance which may not be achievable without the continued investment In the facility. 2005/2006 Revision 2005/2006 Revlsron PROJECT STATUS Original Start Date 1112005 3/2006 10/2006 Orig(na[ End Date 2/2006 5/2007 5/2007 Professional SelVices Engineering Construction REVISION EXPLANATION The bids for the project were over the original constructIon budget of $7301000. Value engineering was completed resulting In $33.000 of savings to the project leaving a deficit of $35,00. Funds are ava1lable frem Interest Earnings on Certificate of Obligations. . FINANCiAl DATA 2006/2007 Total Funding Source Amount to Revised Remaining Project Date Budget Balance Cost Prior Funding AUocatlons: Certificate of Obligations $100.000 $700.000 $0 $BOO.OOO Proposed Funding Allocations: Interest Eamrngs on C.O.ls 0 351000 0 35,000 Total $100,000 $735,000 $0 $835,000 Project Expenditures Engineering/Profession al SelVI cas $58,000 $12,000 $0 $70,000 Right-of-Way 0 ° 0 0 Construction 0 765.000 0 765tOOO Total $58.000 $742,000 ~$35'~OOO}. $777.000 $0 $835.000 IMPACT ON OPERATING BUDGET This attracUon Is estimated to net an additional $170,000 per year after operattng expenses. Annual Operating Impact Pro ected . . . . CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: Larry Koonce Council Meeting Date: 10-23-2006 Agenda No. F.4 Subject: GN 2006-100 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 2006-096 In the 2006/2007 CIP Budget, City Council approved items that will be funded with certificates of obligation or general obligations bonds. The bond sale is scheduled for the Spring of 2007. In the meantime, there is a need to get the bidding and awarding of contracts underway such as the Aquatic Park Mat Racer Project on this evening's agenda. Some of the approved projects will require funding prior to the bond sale in May 2007. In order to reimburse expenditures with the proceeds of future debt Council must approve a resolution to this affect. Council approved a similar resolution in November 2005. The resolution presented for Council approval includes the total dollar amount of all projects in the 2007 CIP budget that may be reimbursed with proceeds from the 2007 bond sale (see attached project list). The resolution includes funding for North Tarrant Parkway (Davis to Whitley), Rufe Snow Drive (Mid-Cities to Hightower), Smithfield Road (Bursey to existing Smithfield), water and wastewater system improvements, aquatic park improvements, and Fire and Public Works equipment replacement. The total to be reimbursed with 2007 bond proceeds will not exceed the $4,365,000 budgeted for these projects. Any interim funding required will be appropriated from existing reserves and will be repaid upon receipt of the bond proceeds. Approval of the resolution will allow the City of North Richland Hills to reimburse any of these expenditures with proceeds from the planned 2007 bond sale. Recommendation: To approve Resolution No. 2006-096. .NRH RESOLUTION NO. 2006-096 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: SECTION 1. THAT the City of North Richland Hills, Texas (the "Issuer") intends to issue debt for street improvements, water and wastewater system improvements, Aquatic Park Improvements and Fire and Public Works equipment (collectively, the "Projects") and further intends to make certain capital expenditures with the proceeds of such debt; WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursements with the proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with the proceeds of tax-exempt obligations. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF NORTH RICH lAND HillS, TEXAS, THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $4,365,000. PASSED AND APPROVED this the 23rd day of October, 2006. CITY OF NORTH RICHlAND HillS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND lEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Larry Koonce, Director of Finance . . Project Listing for Reimbursement Resolution for CIP Budget Fiscal Year 2006/2007 Bond Projects Project Description Budgeted Amount North Tarrant Parkway (Davis to Whitley) $ 1,000,000 Rufe Snow Drive (Mid-Cities to Hightower) $ 600,000 Smithfield Road (Bursey to Existing Smithfield) $ 102,000 College Hills Water Wells $ 100,000 Starnes Water Tank Rehabilitation $ 400,000 Telemetric Meter Replacement $ 300,000 Water Line Amundson/Winter Park/Newman $ 225,665 Water Line Boulevard 26/Cardinal Lane $ 155,205 . Water Line Precinct LinelTRA Pump Station $ 54,300 Fire Engine Replacement $ 438,200 Aquatic Park Mat Racer Attraction $ 700,000 Aquatic Park - Addition of Cabannas $ 50,000 Aquatic Park - Barrel Roll Shade Canopy $ 70,000 Street Sweeper (Public Works) $ 170,000 Total Possible Bond Reimbursement Amount $ 4,365,370 . . . . CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: Larry Koonce Council Meeting Date: 10-23-2006 Agenda No. F.5 Subject: PU 2006-059 Authorize Interlocal Purchasing Agreement with the City of Irving-Resolution No. 2006-095 The City is requesting to enter into an interlocal purchasing agreement with the City of Irving for the purchase of goods and services from vendors selected through the competitive bidding process. One type of bid being considered is for the Administration of the Alarm Ordinance program. Council has authorized several of these interlocal agreements and they have been mutually beneficial to North Richland Hills and the other agencies because participation reduces the overall expense of soliciting bids and purchasing larger quantities also reduces cost. Each agency will place their orders and pay the vendors directly. North Richland Hills or the City of Irving may change or cancel the agreement with a 30-day writt~n agreement. Recommendation: Authorize the Interlocal Agreement with the City of Irving and pass Resolution No. 2006-095 authorizing the City Manager to execute the agreement. .NRH RESOLUTION NO. 2006-095 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute the interlocal agreement with the City of Irving authorizing each City to purchase goods and services from vendors selected through the competitive bidding process. PASSED AND APPROVED this the 23rd day of October, 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: . Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Larry Koonce, Director of Finance . . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 10-23-2006 Agenda No. F.6 Subject: GN 2006-099 Appointment to Teen Court Advisory Board - Place 4 Place 4 on the Teen Court Advisory Board is currently vacant. Councilman Barth is recommending the appointment of Eric Trainer to fill the unexpired term. Mr. Trainer lives in the eastern quadrant of the City and has been working as a volunteer on Teen Court. Recommendation: To consider the appointment of Mr. Eric Trainer to Place 4 on the Teen Court Advisory Board, term expiring 6/30/2008. . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 10-23-2006 Agenda No. F.7 Subject: GN 2006-095 Appointment to Water and Wastewater Wholesale Customer Advisory Committee The City of Fort Worth has notified us that it is time to appoint to the Water and Wastewater Wholesale Customer Advisory Committee our City's designated voting member and alternate for the next fiscal year. Councilman Welch has been serving as the voting member and Mike Curtis as the alternate. Appointees to the committee serve fiscal year terms beginning October 1 through September 30. Recommendation: To appoint a voting member and alternate to the Wholesale Water Customer Advisory Committee and Wholesale Wastewater Customer Advisory Committee. . . e CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman Tim Barth Council Meeting Date: 10-23-2006 Agenda No. F.8 Subject: INFORMATION AND REPORTS - Councilman Barth Announcements Bring your little ghosts and goblins out for an evening of fun at the 3rd Annual Hoot n' Howl. This event will be held from 5-8 p.m. on Saturday, October 28, at Green Valley Park, 7701 Smithfield Rd. Enjoy free carnival games, bounce houses, hayrides, entertainment and more. For more information call 817-427-6600. In an ongoing eftort to promote recycling, Keep NRH Beautiful is hosting the Northeast Recycles Day Flea Market on Saturday, November 18. This event will be held from 8 a.m. to 3 p.m. at NRH Village Center located at 6357 Boulevard 26. To register as a vendor or for more information, call 817-427-6651. The City of North Richland Hills is seeking volunteers for A Night of Holiday Magic on Saturday, December 2. A variety of volunteer opportunities exist. If your group is interested in volunteering for A Night of Holiday Magic, please contact Kathye McCall at 817-281-9267. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Officer Eric Webster, Police Department A letter was received from a resident expressing deep appreciation for the assistance Officer Webster provided after she experienced problems with her car which left her stranded. The resident said Officer Webster's courteous manner and professionalism gave new meaning to the phrase "Protect and Serve." . . . Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 10-23-2006 Agenda No. F.9