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CC 2007-01-22 Agendas
· · A1 A2 A3 A4 A5 A6 A7 · B.O CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICH LAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, January 22,2007 5:45 P.M. Discuss Items from Regular City Council Meeting IR 2007-014 Wastewater Rehabilitation Project - Priority 3 Repairs (Agenda Item E.1) (10 Minutes) IR 2007-004 Update on the Voluntary Sign Removal Assistance Program (15 Minutes) IR 2007-010 Consensus to Consider Amending Zoning and Building Code Construction Standards (5 Minutes) IR 2007-013 Park and Ride Facility (10 Minutes) IR 2007-015 Update on May 12, 2007 Council Election (5 Minutes) IR 2007-016 Discussion of Proposed Renovation at Iron Horse Golf Course Club House (5 Minutes) EXECUTIVE SESSION - The City Council may enter into closed Executive Session pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property. C.O 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 January 19, 2007 at 2 '. \~~\'\\. 'ì 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, January 22,2007 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. ------------------------------------------------------------------------------------------------------------------------------ AO Call to Order - Mayor Trevino A1 Invocation - Councilman Sapp A2 Pledge - Councilman Sapp A3 Special Presentation(s) and Recognition(s) - Mayor Pro-Tem Lewis Keep NRH Beautiful Clean Campus Awards A4 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. A5 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 Member so requests, in which event the item will be removed from the Consent Agenda and considered. . B.1 Approval of Minutes of January 8, 2007 City Council Meeting B.2 GN 2007-004 Reschedule March 12, 2007 Council Meeting to March 19, 2007 8.3 PU 2007-003 Authorize Purchase of 100 Desktop Computers from Dell in the Amount of $124,623. BA GN 2007-008 Approve Interlocal Cooperative Agreement with the NCTCOG for Receiving Funding for Vehicle Replacement under the 2006 Clean Fleet Vehicle Call for Projects - Resolution No. 2007-005. C.O PUBLIC HEARINGS No items for this category. D.O PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. E.O . E.1 F.O F.1 No items for this category. PUBLIC WORKS PW 2007-003 Approve Engineering Agreement with LopezGarcia Group, Inc. for the Wastewater System Rehabilitation Project - Priority 3 Repairs - Resolution No. 2007- 008 GENERAL ITEMS GN 2007-005 Approve Agreement between The City of North Richland Hills and ATB Services Company, LLC for the management of the Alarm Ordinance - Resolution No. 2007 -004 F.2 GN 2007-006 Adopt 2007 Federal Legislative Program F.3 GN 2007-009 Reject Bids for Access Control System at New Library FA GN 2007-012 Appointment to Substandard Building Board - Place 2 F.5 INFORMATION AND REPORTS - Councilwoman Compton F.6 Adjournment All items on the agenda are for discussion and/or action. e ~ . . e 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 January 19, 2007 at L-~. \~ ~ ,{\;1 I ( /" 1/ "-.. ! ' 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 WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, January 22, 2007 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 I R 2007-014 Wastewater Rehabi litation Project - Priority 3 Repai rs (Agenda Item E.1) (10 Minutes) A.3 IR 2007-004 Update on the Voluntary Sign Removal Assistance Program (15 Minutes) A.4 I R 2007-01 0 Consensus to Consider Amendi ng Zon ing and Bu ild ing Code Construction Standards (5 Minutes) A.5 IR 2007-013 Park and Ride Facility (10 Minutes) A.6 IR 2007-015 Update on May 12, 2007 Council Election (5 Minutes) A.7 I R 2007-016 Discussion of Proposed Renovation at I ron Horse Golf Cou rse CI u b House (5 Minutes) B.O EXECUTIVE SESSION - The City Council may enter into closed Executive Session pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property. C.O Adjournment Certifi cati on 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 January 19, 2007. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to th is m eeti ng. Please contact th e City Secretary's office at 817-427-6060 for fu rther 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, January 22, 2007 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: Q Library on the Friday prior to the meeting (available electronically) Q 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 \^M^N.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ------------------------------------------------------------------------------------------------------------------------------ A.O Call to Order - Mayor Trevino A.1 Invocation - Councilman Sapp A.2 Pledge - Councilman Sapp A.3 Special Presentation(s) and Recognition(s) - Mayor Pro-Tem Lewis Keep NRH Beautiful Clean Campus Awards 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 Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of January 8, 2007 City Council Meeting B.2 GN 2007-004 Reschedule March 12, 2007 Council Meeting to March 19, 2007 B.3 PU 2007-003 Authorize Purchase of 100 Desktop Computers from Dell in the Amount of $124,623. B.4 GN 2007-008 Approve Interlocal Cooperative Agreement with the NCTCOG for Receiving Funding for Vehicle Replacement under the 2006 Clean Fleet Vehicle Call for Projects - Resolution No. 2007-005. C.O PUBLIC HEARINGS No items for this category. D.O PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.O PUBLIC WORKS E.1 PW 2007-003 Approve Engineering Agreement with LopezGarcia Group, Inc. for the Wastewater System Rehabilitation Project - Priority 3 Repairs - Resolution No. 2007- 008 F.O GENERAL ITEMS F.1 GN 2007-005 Approve Agreement between The City of North Richland Hills and ATB Services Company, LLC for the management of the Alarm Ordinance - Resolution No. 2007 -004 F.2 GN 2007-006 Adopt 2007 Federal Legislative Program F.3 GN 2007-009 Reject Bids for Access Control System at New Library F.4 G N 2007-012 Appoi ntment to Su bstandard Bu ild ing Board - Place 2 F.5 INFORMATION AND REPORTS - Councilwoman Compton F.6 Adjournment All items on the agenda are for discussion and/or action. Certifi cati on 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 January 19, 2007. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to th is m eeti ng. Please contact th e City Secretary's office at 817-427-6060 for fu rther 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 Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, January 22, 2007 5:45 P.M. A.1 Discuss Items from ReQular City Council MeetinQ A.2 I R 2007-014 Wastewater Rehabi litation Proiect - Priority 3 Repai rs (Aaenda Item E.1) (10 Minutes) A.3 I R 2007-004 Update on the Vol u ntary Sia n Removal Assistance Proa ram (15 Minutes) A.4 IR 2007-010 Consensus to Consider AmendinQ ZoninQ and BuildinQ Code Construction Standards (5 Minutes) A.5 I R 2007-013 Park and Ride Facil ity (10M in utes) A.6 IR 2007-015 Update on May 12.2007 Council Election (5 Minutes) A.7 I R 2007-016 Discussion of Proposed Renovation at I ron Horse Golf Cou rse Clu b House (5 Minutes) B.O EXECUTIVE SESSION - The City Council may enter into closed Executive Session pursuant to Section 551.072. Texas Government Code to deliberate the purchase. exchanae. lease or value of real property. C.O Adjournment Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 1-22-2007 Agenda No.A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007-014 ~ 'I Date: January 22, 2007 ~~): y:Z - -- -:- -:- -- --- ~-('\-~, ---- .[....."1. ,1.....-.::.. \ i \' Subject: Wastewater Rehabilitation Project - Priority 3 Repairs During the mid-1990's, the Environmental Protection Agency (EPA) began notifying cities in the region about the need to reduce sanitary sewer overflows. The City of Fort Worth received an Administrative Order (AO) from the EPA requiring them to improve their wastewater system. Shortly thereafter the customer cities of Fort Worth began receiving AOs from the EPA regarding the same issue. North Richland Hills received its AO from the EPA on February 20, 1996, which required the City to conduct a Sewer System Evaluation Survey (SSES) of its existing system. The purpose of the AO was to eliminate sanitary sewer overflows which were caused by wet weather infiltration and inflow (III). Carter and Burgess, Inc. was contracted by the City to conduct this SSES study on February 26, 1996 (PW 96-15). The eval uation of the City's wastewater system was completed in early 1998 and consisted of evaluating approximately 2,500 manholes and 1.5 million linear feet of pipe. The study resulted in an estimated $4,563,795 worth of improvements that needed to be made to the system. The recommended improvements ranged from manhole repairs to system capacity improvements. The repairs were regarded as individual projects and were ranked in terms of importance and then divided into 3 priorities. Priority 1 and 2 projects were those projects that would have the most significant impact in improving the III problem. Priority 3 projects were those that needed to be completed, but the EPA agreed that they were not significant enough to warrant a strict deadline. After the completion of the study, the EPA then mandated that the Priority 1 and 2 projects be completed by April 2003 and did not specify a deadline for the Priority 3 projects. The Priority 1 and 2 projects were constructed under two separate contracts and were completed by April 2003. The City began working on the Priority 3 projects after the completion of the Priority 1 and 2 projects. The study identified over 900 repairs that needed to be made to the City's system under the Priority 3 category. As mentioned above, these areas of concern were not as severe as the higher priority 1 & 2 projects. During the past 4 years Public Works staff has completed the majority of the Priority 3 projects in house. ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS -- The remaining 53 projects represent those that are the most complicated. These projects do not necessarily represent the most severe projects in Priority 3, just those that are more difficult for staff to repair. The remaining repairs were grouped together as a single project and were approved in the 2006/07 Capital Projects Budget titled "Wastewater System Rehabilitation Project - Priority 3 (EPA)." One of the Council agenda items will be to approve the engineering agreement with a consulting firm to begin the design for this project. Staff will provide a brief presentation to answer any questions concerning the history of the AO and the projects that have been completed. Respectfully submitted, Mike Curtis, P.E. Public Works Director INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007-004 h ,I \ <~~z~g;~-> \ i y Date: January 22, 2007 Subject: Sign Removal Assistance Program Update During the budget process of FY2003-04, the North Richland Hills City Council approved Capital Improvement Project Number PW0402, which created the "Voluntary Sign Removal Assistance Program." The program was initiated in an effort to assist local business owners whose signs (primarily pole signs) may have been affected by earlier amendments to the sign ordinance that resulted from the City Image Study conducted in 2001. In the spring of 2004, city staff implemented the program directed at the voluntary removal of nonconforming pole signs by offering to remove signs that were no longer eligible to be modified, altered, enlarged or replaced. During the initial stages of the program, staff developed a list of several high profile pole signs and contacted the respective property owners to asses their interest in voluntarily conveying their signs to the city in exchange for free removal. It should be emphasized that owners were not required to take advantage of this program. Several owners declined to participate in the program, while others were most willing to receive the assistance. Since August of 2004, approximately $11 ,000 has been utilized to voluntarily remove eleven (11) pole signs under the program: 3 signs removed in 2004 7563 Boulevard 26 - "Service Merchandise" 6955 Boulevard 26 - two signs at "Pioneer Oil I Food Mart Convenience Store" 4 signs removed in 2005 7904 Bedford-Euless Road - "Déjà Vu Hair Salon" 4235 Road to the Mall - "Mobley's Car Wash" 7501 Davis - dilapidated billboard located on the Winn-Dixie site 5209 Rufe Snow - "Tippins Restaurant" 4 signs removed in 2006 5064 Dav is - "All About I nsu rance" ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS -- 6535 Boulevard 26 - auto repair shop 3909 Vance - "Town and Country Cleaners" 7205 Bedford-Euless Road - "Jubilation Nightclub" Since the inception of the program, staff has recorded an additional seven (7) pole signs that have been removed on the business's own accord without expense to the city. Additionally, a photo inventory has been conducted on the remaining non-conforming pole signs that may be eligible to take part in this program. Staff will continue to make business owners aware of the program and encourage voluntary participation. Respectfully Submitted, David Pendley Building Official INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007-010 ~ 'I ~~): y:Z - -- -:- -:- -- --- ~-('\-~, ---- .[....."1. ,1.....-.::.. \ i I' Date: January 22, 2007 Subject: Su bject: I R 2007-01 0 Consensus to Consider Amend i ng Zon i ng and Building Code Construction Standards Staff has received a request from a member of the City Council to research modifications to the respective sections of the zoning and building codes which govern the types of materials and construction that are approved for use in our city. It was also mentioned at the last Council meeting to consider requiring opaque glazing on second story windows in new homes for privacy issues. As has been the practice in the past, staff is seeking a consensus from the City Council on whether to approach the Planning and Zoning Commission and the Construction Code Board of Appeals for their recommendations that would ultimately amend the zoning ordinance and our adopted building codes. If directed to do so, staff would approach the Planning and Zoning Commission for their input on several possible zoning ordinance changes: 1. A requirement that would necessitate the use of metal posts on privacy fences. 2. A requirement that would prohibit the use of wood based products such as cellulous-fiber siding (or other similar materials) when used on eaves and non- masonry chimneys. 3. A requirement that would mandate the use of opaque glazing on second story windows in new homes overlooking a neighboring residence. Staff is in support of a change that would require metal posts on new privacy fences, however, believes the Planning and Zoning Commission may wish to discuss possible exceptions that would exclude the repair of existing fences. Staff is also in support of requiring the use of non-wood products on eaves and chimneys that will provide a more durable material with less maintenance. If approved, this change will add costs that will be passed down to the home owner. Regarding the opaque glazing, there may be some alternatives to this, and discussing this with P&Z and reviewing alternatives seems to be reasonable to consider. ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS -- Lastly, the subject of amending the building codes to adopt requirements that would mandate LEED certification was proposed. LEED (Leadership in Energy and Environmental Design) certification is a "green building" rating system that is a nationally accepted benchmark for the design, construction, and operation of high performance, sustainable, and energy efficient buildings. LEED certification is a voluntary process that requires an investment by the building owner; however, if done properly, can lead to tax credits and other benefits. Staff believes that many of the LEED nuances are currently incorporated in our building and energy conservation codes and that inclusion in the city's local amendments isn't necessary at this time. The building and energy codes are continuously updated by the International Code Council, and as new practices and standards evolve, the code development process will move to include them. Staff is seeking the City Council's consensus on whether to present these items to the Planning and Zoning Commission and the Construction Code Board of Appeals for their input and recommendations on future ordinance amendments. Respectfully Submitted, David Pendley, CBO Building Official INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007-013 h ,I \ <~~z~g;~-> \ i y Date: January 22, 2007 Subject: Park and Ride Facility In 2002, the City received approval of a grant from the North Central Texas Council of Governments (COG) to construct a Park and Ride lot at the northeast interchange (Davis Boulevard/Bedford-Euless Road/l.H. 820 area). The grant amount was $240,000 and the City's share is currently budgeted at $60,000. The City received the Texas Department of Transportation (TxDOT) agreements on March 1, 2006. These agreements need to be executed by the City before City staff can begin the design process. Before these agreements are taken to Council for consideration, staff wanted to update Council on the project and to get direction from Councilor whether or not this location is still a viable site. The Council may be aware that the land where the Park and Ride lot is planned to be constructed is owned by TxDOT and is being used as a permanent staging area. Various City employees from Public Works, Parks and Recreation and the City Manager's Office have had several meetings with TxDOT representatives during the past 7 to 8 months explaining the City's plans for this area and asking TxDOT to relocate the staging area. After receiving very little support from various TxDOT staff members, a letter was sent to the District Engineer on September 5, 2006 explaining the City's plans. It was pointed out in the letter that this is a key location in the City and that it was important that it be aesthetically pleasing. The District Engineer was also informed of the financial investment that the City is making in this area. After a meeting with the District Engineer at her office, staff from Public Works and the City Manager's Office were told that TxDOT could not give up the site as a permanent staging area. City Staff was informed that the staging area could be reduced but not completely eliminated. Since we cannot get a commitment from TxDOT in how the staging area will look, staff has some serious concerns about this location being the best site. Another important development that has occurred over the past few years is the progress that the region has made on regional rail system planning and the location of proposed rail stations. The City received the grant for the park and ride lot at the northeast interchange site before the regional rail study and planning efforts had beg un. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS -- Since the approval of the grant, it now appears that a better location for a park and ride lot may be at the proposed Iron Horse Rail Station site. This proposed site is located on the western edge of our community and in very close proximity to the proposed managed lanes access point associated with the upcoming I.H. 820 expansion project. Staff is investigating with COG if the grant can be used for a park and ride lot at a different site and what would need to be done in order to transfer the grant funding. Staff is planning on having this information available for Council at the January 22, 2007 Work Session. Staff would like direction from Council on whether or not to pursue different locations for the future park and ride lot or continue with the northeast interchange site. Respectfully submitted, Mike Curtis, P.E. Public Works Director INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007-015 h ,I \ <~~z~g;~-> \ i y Date: January 22, 2007 Subject: Update on May 12, 2007 Council Election The City Council Election is normally called at the Council meeting prior to the first day to file for office. Because the first day to file for office this year is Saturday, February 10, we would typically call the election at the January 22 Council meeting. However, this year our plans are to delay calling the election until the February 12 Council meeting. Even though we have not officially called the election, candidates will still be able to file for office beginning February 10 and proceed with their campaign. The decision was made not to call the election at the January 22 meeting because later this month Tarrant County Elections will be requesting that all entities conducting an election enter into a joint contract. The County is still working out the details of the joint election. They have advised that their plans are to meet with all entities on Monday, January 29. At the meeting, they will be presenting the joint contract and other election details. They have indicated that their plans are for the May elections to be conducted similar to last year's election, which provided for uniform early voting hours throughout the County and allowed voters to vote at any of the early voting locations within the County. The purpose of this work session item is to inform the Council of the need to delay calling the election until details for a joint election have been worked out with the County. After the meeting with the County on January 29, I will be able to provide you with additional information. Respectfully Submitted, Patricia Hutson City Secretary ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS -- INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2007-016 ~ 'I Date: January 22, 2007 ~~): y:Z - -- -:- -:- -- --- ~-('\-~, ---- .[....."1. ,1.....-.::.. \ i I' Subject: Discussion of Proposed Renovation at Iron Horse Golf Course Club House Over the past month or so staff has been further assessing some of the renovation needs at Iron Horse Golf Course, with particular attention on the Club House. We have prepared cost estimates for doing various improvements such as renovating the bathrooms by replacing tile, counters, fixtures and stall dividers; replacing carpet throughout; replacing tile and adding tile in some of the higher traffic areas; replacing counter tops in the restaurant area; resurfacing the kitchen floor; replacing ceiling tiles; replacing wall paper; new paint; etc. The total estimated cost for doing all needed work within the Club House is approximately $120,000. A more detailed list of this work is found on the attached sheet. We have also been assessing other needed improvements throughout the golf course in areas such as in the cabooses, pump houses, and cart shed. We have even been brushing up on our estimates for replacing the HV AC units at the Club House which we know are on borrowed time. This project is included in the FY '06/'07 budget. Normally we would hold any request of this nature for our annual capital projects budget discussion, however, with the slow season at the Golf Course upon us to do work of this nature, and also the desire to have the Club House be as up to date as the new greens, we decided to bring this to Council for discussion now. At the City Council meeting staff will present to you the facility improvement needs, along with a recommendation for accomplishing some of the needed improvements over the next few months before the busy season starts. We believe that staff can act as the general contractor on most of these needed projects saving time and costs for the City, similar to the improvements recently accomplished at City Hall. We also believe that some of the improvements can be programmed into next years operating budget without jeopardizing the operations at Iron Horse. The presentation will also include a recommendation for funding. We look forward to discussing these proposed improvements at the Work Session Monday. Respectfully Submitted, Richard Torres Assistant City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS -- Iron Horse Golf Course CITY OF NORTH RICHLAND HILLS Department: City Manager Presented by: Richard Torres Council Meeting Date: 1-22-2007 Agenda No.B.O Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive Session pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property. Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 1-22-2007 Agenda No.C.O City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, January 22, 2007 7:00 P.M. A.O Call to Order - Mayor Trevino A.1 Invocation - Cou nci Iman Sapp A.2 Pledqe - Councilman Sapp A.3 Special Presentationes) and Recoanition(s) - Mayor Pro-Tem Lewis Keep NRH Beautiful Clean Campus Awards 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 Aaenda 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 January 8,2007 City Council Meetinq B.2 GN 2007-004 Reschedule March 12. 2007 Council Meetina to March 19. 2007 B.3 PU 2007-003 Authorize Purchase of 100 Desktop Computers from Dell in the Amount of $124,623. B.4 GN 2007-008 Approve Interlocal Cooperative Aqreement with the NCTCOG for Receivinq Fundinq for Vehicle Replacement under the 2006 Clean Fleet Vehicle Call for Proiects - Resolution No. 2007-005. C.O PUBLIC HEARINGS No items for this category. D.O PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.O PUBLIC WORKS E.1 PW 2007-003 Approve Enqi neerinq Aq reement with LopezGarcia G rou p, I nc. for the Wastewater System Rehabilitation Project - Priority 3 Repairs - Resolution No. 2007-008 F.O GENERAL ITEMS F.1 G N 2007-005 Approve Aa reement between The City of North Richland H ills and ATB Services Company, LLC for the manaqement of the Alarm Ordinance - Resolution No. 2007-004 F.2 GN 2007-006 Adopt 2007 Federal Leaislative Proaram F.3 GN 2007-009 Reject Bids for Access Control System at New Library F.4 GN 2007-012 Appointment to Substandard Buildinq Board - Place 2 F.5 INFORMATION AND REPORTS - Councilwoman Compton F.6 Adjournment Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 1-22-2007 Agenda No. A.O Subject: Call to Order - Mayor Trevino Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 1-22-2007 Agenda No. A.1 Subject: Invocation - Councilman Sapp Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 1-22-2007 Agenda No. A.2 Subject: Pledge - Councilman Sapp CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Kathy Luppy Council Meeting Date: 1-22-2007 Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) - Mayor Pro-Tem Lewis Keep NRH Beautiful Clean Campus Awards The Clean Campus Program serves to educate and motivate both students and faculty towards positive attitudes and behavior concerning beautification of school property. The following schools qualified for the 2006/2007 Clean Campus Award. Each school will receive a check for $100.00 for campus beautification and a Clean Campus sign. · Academy at Carrie Francis Thomas · Birdville High School · Green Valley Elementary · Mullendore Elementary · North Ridge Elementary · North Ridge Middle · Smithfield Middle School · Snow Heights Elementary · Walker Creek Elementary CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-22-2007 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. Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Subject: Removal of Item(s) from Consent Agenda Council Meeting Date: 1-22-2007 Agenda No. A.5 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-22-2007 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. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 1-22-2007 Agenda No. B.1 Subject: Approval of Minutes of January 8, 2007 City Council Meeting Recommendation: To approve the minutes of the January 8, 2007 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 - JANUARY 8,2007 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 8th day of January, 2007 at 6:00 p.m. in the Pre-Council 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 Vickie Loftice JoAnn Stout Greg VanNeiuwenhuize Jimmy Cates Chris Swartz Call to Order Mayor Mayor Pro T em, 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 Man ag in 9 Oi rector Adm in i strative/Fi seal Services City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Park & Recreation Director Director of Neighborhood Services Assistant Public Works Director Public Works Operations Manager Aquatic Manager Mayor Trevino called the work session to order at 6:00 p.m. A.1 Discuss Items from Reaular City Council Meetina No items were discussed. A.2 I R 2007-001 Discuss Resched u Ii nq the March 12, 2007 City Cou ncil Meeti nq There will not be a quorum of Council at the March 12, 2007 Council meeting. The consensus of the Council was to reschedule the March 12, 2007 City Council meeting to March 19, 2007. A.3 IR 2007-002 Public Works Desiqn Manual - Proposed Chanqes Mr. Mike Curtis, Public Works Director, presented a PowerPoint presentation highlighting proposed changes to the Public Works Design manual. Mr. Curtis reviewed the schedule for approval of the manual and provided an overview of the changes. The categories of proposed changes are 1) new criteria (or changes to existing); 2) conform to Federal and State laws; 3) establish existing staff policies as formal written guidelines; and 4) refine specific sections to include more detail. Categories 1 and 2 contain recommended changes as a result of changes in federal and state laws that deal with how the City must handle storm water runoff and areas where the existing City criteria is deficient and needed to be revised. Category 3 contains staff policies that are currently in effect but not in writing. They are now being established as formal written guidelines in the manual. Category 4 refines specific sections to include more detail so that it is clearer to the developers and engineers. Category 5 is a cross reference to existing ordinances related to design. Mr. Curtis reviewed the changes in each of the categories and advised that at a future Council work session updates would be provided from the Planning and Zoning Commission meeting and questions would be addressed. There were no questions from the Council. A.4 IR 2007-003 Update on the Sounds of Sprina Concert Series and Companies In Action (formerly Corporate Challenae) Ms. Vickie Loftice, Parks and Recreation Director, presented a PowerPoint presentation updating the Council on the Sounds of Spring Concert series (formerly Lotta Night Music). For the last eight seasons, the series has been at the Green Valley Community Park. Last year, the series was given a new name, new logo and all Texas artists were booked along with opening acts providing opportunities for new and upcoming artists. The venue at Green Valley Park has presented some limitations and staff has been considering possible new locations. Staff is recommending a venue change to NRH20. The new venue is more conveniently located, providing greater visibility and access from Boulevard 26 and is accessible from the North Electric Trail and Walker's Creek Trail. The concerts will be held in the open space west of the park. The two pavilions will provide shaded seating and views of the stage and food service will be available. This season the concerts will be scheduled for six consecutive Fridays instead of every other Friday. Concerts will kick off on April 6 with the last concert on May 11. Council was shown a layout of how the park would be utilized for the series. After brief comments by various members of the Council, the Council concurred with staff's recommendation to relocate the concert series to NRH20. Ms. Sharon Davis, Assistant Parks and Recreation Director, updated the Council on Companies in Action, formerly known as Corporate Challenge. The event created in 1992 is an Olympic style competition event for businesses and corporations. The program experienced a decline in interest and participation after ten years. After the event experienced a significant drop in participation last year, the Parks and Recreation staff, Economic Development and representatives from past participating companies met to redesign the event. The group came up with a new event, Companies in Action, which will feature six events over a nine-month period beginning in February and ending in October. The new format will allow company employees, spouses, and board members to participate and eases the time commitment. In response to questions from Council, Ms. Davis advised that North Hills Hospital and HealthMarkets had participated in the redesigning of the event and Ms. Davis explained the registration fees. Council was supportive of the new event. A.5 IR 2007-005 Discuss 2007 Federal Leqislative Positions Ms. Karen Bostic, Managing Director, presented to Council proposed 2007 Federal legislative positions for the City. Council was advised that the program was guided by four primary principles: · Local control - oppose any legislation that erodes the authority to govern local affairs · Predictable and sufficient level of revenue to provide for citizens - oppose any legislation that impacts the City's ability to pay for public services · Opposition to unfunded mandates - oppose the imposition of any federal mandates which do not provide for a commensurate level of compensation · Quality of life - support legislation that increases the quality of life for citizens of North Richland Hills. Ms. Bostic reviewed the priorities - internet sales tax, telecommunications and information technology, community development block grant, homeland security, public safety and collective bargaining and immigration reform. Councilman Sapp questioned if one of statements for immigration reform was too broad and should be minimized - The City of North Richland Hills strongly concurs and also supports, along with the NLC, streamlined and efficient guest worker programs that enable business to hire foreign workers in order to meet economic demands. After discussion, it was suggested that the language be revised from streamlined and efficient guest worker programs to streamlined and acceptable guest worker programs. The Council concurred with the revIsion. A.6 IR 2007-006 2006 Year in Review Video Ms. Mary Edwards, Director of Public Information, played for Council a DVD highlighting accomplishments and events in North Richland Hills during 2006. Council was advised that the video would broadcast on Citicable after the Newsline NRH Program and is available for viewing on the City's web site. A.7 Adjournment Mayor Trevino announced at 7:02 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 January 8,2007 at 7:10 p.m. ROLL CALL Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tem, Council Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff: 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 INVOCA TION Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) None. A.4 CITIZENS PRESENTATION Ms. Nancy Lallande, 8425 Emerald Circle, spoke on the wall located in Emerald Lakes. Ms. Lallande stated that Mrs. O'Steen was not the only one concerned about the canal wall. Ms. Lallande advised that her home had foundation problems and until the wall is stabilized her foundation cannot be repaired and guaranteed. Mayor Trevino asked Ms. Lallande if she had taken the problem to her Homeowner's Associ atio n. Ms. Lallande advised she had discussed it with the HOA but that they would not take any action. Mayor Trevino advised that the wall was the responsibility of the Emerald Lakes Homeowners Association and asked Attorney Staples to address the matter. Mr. Staples advised Ms. Lallande that this is not a project that is eligible for expenditure of public funds. It is private property and is the obligation of a private homeowners association. The City did not build the wall and has no responsibility for the wall. Mr. Staples advised that the wall was engineered by the developer and the developer built the wall; it was not a public improvement. Ms. Lallande was advised to talk to her Homeowner's Association. Mrs. Laverne O'Steen, 8429 Emerald Circle, appeared before the Council and presented a picture of a crumbling wall that she had previously presented during Council meetings in 2006. Mrs. O'Steen expressed the same concerns with the wall that she expressed at previous council meetings in 2006 and there being no action to correct the problem. Attorney Staples advised that as he has publicly stated at previous meetings, Mrs. O'Steen is legally and factually incorrect and that the City cannot expend public funds on a private project. The City has offered to Mrs. O'Steen copies of material including the permits in question. Mrs. O'Steen will not accept the answers the City has provided to her. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF NOVEMBER 14-15, 2006 CITY COUNCIL GOALS AND VISION SETTING WORK SESSION B.2 APPROVAL OF MINUTES OF DECEMBER 11, 2006 CITY COUNCIL MEETING B.3 FP 2006-14 CONSIDERATION OF A REQUEST FROM DENCIL S. LONG III TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1, DENCIL LONG III ESTATES (LOCATED IN THE 6700 BLOCK OF MEADOW ROAD. - 2.838 ACRES). (CONTINUED FROM THE DECEMBER 11, 2006 COUNCIL MEETING) B.4 FP 2006-17 CONSIDERATION OF A REQUEST FROM TOM KILPATRICK TO APPROVE A FINAL PLAT OF LOTS 1 & 2, BLOCK 4, W. E. ODELL ADDITION (LOCATED IN THE 7900 BLOCK OF MICKEY STREET - .4028 ACRES) AND ENTER INTO A CITY DEVELOPER AGREEMENT. B.5 PAY 2007-001 APPROVE FINAL PAYMENT IN THE AMOUNT OF $14,342.51 TO SHARROCK ELECTRIC, INC. FOR THE TRAFFIC SIGNAL LIGHT COMMUNICATION SYSTEM (2003) PROJECT B.6 GN 2007-001 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 14 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND DESIGNATING THE LEAD HUMANE OFFICER AS THE LOCAL RABIES CONTROL AUTHORITY (LRCA) - ORDINANCE NO. 2918 B.7 PU 2007-001 AWARD BID FOR 2007-YEAR MODEL VEHICLES TO GRAFF CHEVROLET IN THE AMOUNT OF $236,542 AND HUFFINES CHEVROLET IN THE AMOUNT OF $21 ,517 B.8 PU 2007-002 AUTHORIZE PURCHASE OF NEW TYMCO STREET SWEEPER THROUGH THE H-GAC COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $145,406. RESOLUTION NO. 2007-001 COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.1 ZC 2006-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BRAD HARDY TO APPROVE A ZONING CHANGE FROM IIC-111 COMMERCIAL TO IIRI-PDII RESIDENTIAL INFILL - PLANNED DEVELOPMENT (LOCATED IN THE 8200 BLOCK OF STARNES ROAD - BEING LOT 11A, BLOCK 6, CRESTWOOD ESTATES ADDITION - 3.63 ACRES). - ORDINANCE NO. 2914 (PUBLIC HEARING CONTINUED FROM THE DECEMBER 11,2006 COUNCIL MEETING) APPROVED Mayor Trevino announced that the public hearing was continued from the December 11, 2006 City Council meeting at the request of the applicant. Mr. Brad Hardy, 6445 Love Drive, Irving, applicant, presented his request for a zoning change. Mr. Hardy explained he was proposing an eighteen home community on the west side of Davis, north of Starnes and behind the former Winn Dixie building. Mr. Hardy reviewed the site plan of the proposed development and highlighted the proposed development and housing amenities. In response to questions from Council, Mr. Hardy discussed his plans for a fence on the west side abutting the residential homes and the finished elevation of his development versus the adjoining property. Council expressed concerns with privacy issues as a result of the multi-level homes, drainage to the adjoining residential neighborhood, rear entry garages, possible parking in the street because of the narrow drives and alleys and safety issues if emergency vehicles are unable to access the dead end alley. It was suggested that additional access could be provided to the alley between Lots 2 and 3 and continue access into the hammerhead to the north. Mr. Eric Wilhite, Chief Planner, summarized the item and presented the recommendations of the Planning and Zoning Commission and Staff. Councilman Whitson questioned if the road width in other RI-PDs was to city standards and if emergency vehicles would be able to access the homes at the north end of the street if cars park along the street. Councilman Whitson also questioned if the drainage issues would be resolved. Staff advised that some of the streets in other RI-PDs do not meet typical city public street widths. Staff also advised that because the drainage plans had not yet been submitted they could not address the question on drainage, but that the development should improve the drainage issues. Mayor Trevino called for anyone wishing to speak in favor of the request to come forward. Mr. Joseph Gieder, Jr., 7428 Forrest Lane, was appreciative that the trees would be preserved as much as possible and advised he was basically in favor of the request. He stated he felt the development would be a good thing for the community. Ms. T amie G ieder, 7428 Forrest Lane, did not wish to speak, but wished to go on record as being in favor of the request. Mayor Trevino called for anyone wishing to speak in opposition to come forward. Ms. Wanda Mollett, 7404 Forrest Lane, advised that Mr. and Mrs. Gieder were landowners and do not reside in the neighborhood. Ms. Mollett was opposed to the request because of the homes being too large for the lot sizes and privacy issues with two story homes. Ms. Vicki Cummins, 7408 Forrest Lane, expressed concern with the closeness of the homes, drainage issues, and privacy issues with multi-level homes. There being no one else wishing to speak, Mayor Trevino closed the Public Hearing. MAYOR PRO TEM LEWIS MOVED TO APPROVE ZC 2006-05, ORDINANCE No. 2914. COUNCILMAN TURNAGE SECONDED THE MOTION. COUNCILMAN WHITSON ASKED FOR AN AMENDMENT TO THE MOTION REQUIRING THE DEVELOPER TO INSTALL ON THE WEST SIDE AN EIGHT FOOT PRIVACY FENCE ON STEEL POSTS, 8 FEET ON CENTER, WORKING WITH EXISTING RESIDENTS IF THEY WANT TO LEAVE UP THEIR EXISTING FENCE, BUT IT WILL ABUT THEIR FENCE IF THEY WANT TO LEAVE IT UP. Mayor Pro Tem Lewis and Councilman Turnage accepted the amendment to the motion. Several council members expressed concerns with the narrow street and safety issues with the private alley on the east side. COUNCILMAN SAPP ASKED FOR AN AMENDMENT TO THE MOTION THAT WOULD REQUIRE A REWORK OF THE CURRENT ALLEY STRUCTURE TO ELIMINATE THE LIMITATIONS THAT ARE THERE AND TO ALSO REQUIRE THAT THE HOMEOWNERS ASSOCIATION HAVE THE AUTHORITY TO ENFORCE PARKING RESTRICTIONS WITHIN THE DEVELOPMENT AS REQUIRED. Mayor Trevino clarified if Councilman Sapp wanted to make those parking restrictions similar to Home Town where on certain streets they have odd months they park on this side and even months they park on this side. Councilman Sapp stated that it would be up to the homeowners association based on the circumstances that existed at the time. Mayor Pro Tem Lewis and Councilman Turnage accepted the amendment to the motion. AFTER FURTHER DISCUSSION, COUNCILMAN WELCH ASKED FOR AN AMENDMENT TO THE AMENDMENT ON THE FENCE. COUNCILMAN WELCH ASKED FOR THE FENCE TO BE 12 FEET CENTERED ON STEEL POSTS. Mayor Pro Tem Lewis and Councilman Turnage accepted the amendment. MR. WILHITE CLARIFIED THAT THE FENCE IS SPECIFIED AS WOOD ON METAL POSTS, 12-FOOT CENTERS. COUNCILMAN WHITSON CLARIFIED CEDAR. MAYOR PRO TEM LEWIS STATED THAT THE MOTION ON THE FLOOR WAS TO APPROVE ZC 2006- 05, ORDINANCE 2914 WITH THE FOLLOWING STIPULATIONS - ON THE WEST SIDE OF THE PROPERTY AN 8 FOOT FENCE WITH 12 FOOT SPACING ON STEEL POSTS BE CONSTRUCTED OUT OF CEDAR AND THE ALLEY BE WRAPPED AROUND INTO THE HAMMERHEAD TO PROVIDE A CONTINUOUS ACCESS AND THAT THE HOMEOWNERS ASSOCIATION DOCUMENTS STIPULATE THE RIGHT TO ENFORCE PARKING RESTRICTIONS AS NEEDED. MOTION TO APPROVE CARRIED 7-0. RECESS AND BACK TO ORDER Mayor Trevino recessed the meeting at 8:29 p.m. and called the meeting back to order at 8:35 p.m. with all members present as recorded. PUBLIC HEARINGS C.2 ZC 2006-15 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JOHN DANCER TO APPROVE A ZONING CHANGE FROM IIC-111 COMMERCIAL TO IIRI-PDII RESIDENTIAL INFILL - PLANNED DEVELOPMENT (LOCATED IN THE 8400 BLOCK OF H IG HTOWER DRIVE. - 4.702 ACRES) - ORDI NANCE NO. 2917 APPROVED Mayor Trevino opened the Public Hearing. Mr. John Dancer, 2001 Creekside Drive, Arlington, applicant, presented his request for a zoning change from C-1 Commercial to RI-PD Residentiallnfill Planned Development and responded to questions from Council. Applicant is proposing 29 residential lots with 5 common open space lots. Applicant is currently constructing homes in Phase I located directly across Hightower to the south. This will be the second phase of Stonybrooke Addition Stone Villas. Because the development does not meet typical city standard pavement and right of way widths, it will have a private street. The ownership and maintenance of the street will be included in the Homeowners Association responsi bil ities. Mr. Eric Wilhite, Chief Planner, summarized the case and presented the recommendations of the Planning & Zoning Commission and staff. Councilman Sapp suggested that the sidewalk along Davis Boulevard be located on the lower level away from the traffic. Mr. Dancer advised that the location of the sidewalk was a TxDOT requirement. Mayor Trevino requested that Mr. Wilhite get with Mr. Bass and the Planning & Zoning Commission to determine if the ordinance can be amended for RI-PD or other districts with two-story homes and come up with a requirement that the back upstairs window be opaque based on how close it is to the neighbors. Mayor Trevino commented this would address the concerns expressed by the citizens in the previous case. 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 ZC 2006-15, ORDINANCE No. 2917. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.3 RP 2006-15 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MARK COMIS TO APPROVE A RESIDENTIAL REPLAT OF TRACTS 1 & 2, BLOCK A, HEWITT HEIGHTS ADDITION TO LOTS 1-4, BLOCK 1, HEWITT HEIGHTS ADDITION (LOCATED IN THE 7600 BLOCK OF FRANKIE B STREET - 0.997 ACRES). APPROVED Mayor Trevino opened the Public Hearing. Mr. Mark Comis, 7921 Starnes, applicant, presented his request for a replat of .997 acres located in Hewitt Heights Addition. Mr. Comis is proposing to develop four single family lots. Mr. Eric Wilhite, Chief Planner, summarized the case and presented the recommendations of the Planning & Zoning Commission and Staff. Mayor Trevino called for comments in favor of or against the request. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILMAN SAPP MOVED TO APPROVE RP 2006-15. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PLANNING & DEVELOPMENT There were no items for this category. PUBLIC WORKS E.1 PW 2007-001 APPROVE PUBLIC RIGHT-OF-WAY USE AGREEMENT (NATURAL GAS PIPELINE CROSSING) WITH THE HARDING COMPANY FOR A GAS PIPELINE BETWEEN THE GRAHAM RANCH GAS WELL SITE AND THE EXXON MOBIL PIPELINE (SOUTHWEST OF CHAPMAN ROAD AND RUFE SNOW DRIVE). - RESOLUTION NO. 2007-002 APPROVED Mr. Greg Van Nieuwenhuize, Assistant Public Works Director presented the item. Item is to consider approval of a Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing) with the Harding Company. The Harding Company, operator of the Graham Ranch well site, desires to construct a gas pipeline that would connect the Graham Ranch Gas well with the valve station on the ExxonMobile gas pipeline south of Rufe Snow and Chapman Drive. The pipeline crosses both private and public property in North Richland Hills and will be within Watauga city limits once it crosses Rufe Snow Drive. The Agreement is a standard agreement that will be used in the future for similar situations when a gas company wishes to construct and maintain gas pipelines within North Richland Hills. COUNCILMAN WHITSON MOVED TO APPROVE PW 2007-001, RESOLUTION NO. 2007-002. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. GENERAL ITEMS F .1 GN 2007-002 SELL 47 SHARES OF ROOMSTORE, INC. COMMON STOCK THAT WAS ISSUED TO THE CITY FOR PAST DUE UTILITY BILLS, PURSUANT TO REORGANIZATION OF COMPANY BY THE U.S. BANKRUPTCY COURT APPROVED Ms. Karen Bostic, Managing Director, presented the item. RoomStore, Inc. filed for bankruptcy in September 2000. At the time of filing, they owed the City $209.82 for utility bills. The U.S. Bankruptcy Court approved a reorganization plan in May 2005 and pursuant to the plan, the City was issued 47 shares of common stock in November 2006. The City recently received a letter from the RoomStore advising the Board of Directors had authorized the Company to buy back the stock issued to the City for $4.25 a share. The City would receive $199.75. Staff believes that the offer of $4.25 is fair and will allow RoomStore to settle The debt owing to the City. Council is requested to authorize the Mayor to sign a transmittal letter agreeing to sell 47 shares of RoomStore, Inc. common stock at $4.25 per share. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2007-002. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2007-003 APPOINTMENT TO LIBRARY BOARD - PLACE 1 APPROVED Mayor Pro T em Lewis presented the item. Mayor Pro T em Lewis advised that with the retirement of Ms. Polly Brinkley from the Library Board, he was recommending the appointment of Mr. Don Tipps. MAYOR PRO TEM LEWIS MOVED TO APPROVE GN 2007-003, APPOINTING MR. DON TIPPS TO PLACE 1 ON THE LIBRARY BOARD, TERM EXPIRING JUNE 30, 2007. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 INFORMATION AND REPORTS Councilman Sapp made the following announcements. The Neighborhood Services Department is holding a community workshop at 6 p.m. on Tuesday, January 16, to inform residents about the new Neighborhood LOOKS Program and other Code Enforcement initiatives. The workshop will be held in the City Cou ncil Chambers. For more information, please call Neig hborhood Services at 817- 427 -6550. The Parks & Recreation Department and the Birdville Council of PT A's will host a Growing Great Kids Parenting Seminar at the Recreation Center on Saturday, January 20. The seminar is free. Pre-registration is required. For more information, please call the Recreation Center 817-427-6600. At the end of February, Citicable NRH will be moving from Channel 7 to Channel 27. According to Charter Cable, the channel change will be made on, or before, February 28. Citicable will continue to broadcast our City Council Meetings and other NRH programs when it moves to Channel 27. Kudos Korner - Rebecca Vinson, Teen Court Coordinator, Municipal Court. A call was received from the mother of a Teen Court participant. She said her son had recently completed his Teen Court assignments and she commended Vincent for being very professional and working well with all the participants. The parent was very pleased with the level of service she received and how her son had been treated in Teen Court. F.4 ADJOURNMENT Mayor Trevino adjourned the meeting at 9:04 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 1-22-2007 Agenda No. B.2 Subject: GN 2007-004 Reschedule March 12, 2007 Council Meeting to March 19, 2007 There will not be a quorum of City Council members in the City for the March 12, 2007 City Council meeting. The consensus of the City Council at the January 8 Council Work Session was to reschedule the meeting to March 19, 2007. Recommendation: Approve G N 2007-004 to reschedu Ie the March 12, 2007 City Cou nci I meeti ng to March 19, 2007. CITY OF NORTH RICHLAND HILLS De pa rtme nt: I nfor mati 0 n Se rv ices Presented by: Kyle Spooner Council Meeting Date: 1-22-2007 Agenda No. B.3 Subject: PU 2007-003 Authorize Purchase of 100 Desktop Computers from Dell in the Amount of $124,623. The 2006/07 adopted budget includes $150,000 for the purchase of 100 replacement desktop computers. This purchase would include the replacement of the computer, monitor, keyboard and mouse for existing computers that are 4 years old or older. Computers that are replaced but considered to be useable and in good condition will be refurbished and distributed to the Senior Citizens Centers. I n an effort to verify the best solution and price for the City, staff evaluated desktop configurations and obtained pricing from three separate vendors including Dell, Gateway and Hewlett Packard. The quotations were as follows: Vendor Dell Gateway Hewlett Packard Cost Per Unit $1,246.23 $1,235.37 $1,456.76 Total Cost $124,623 $123,537 $145,676 Based on Gateway not meeting City configuration requirements and in an effort to maintain standard equipment, staff recommends the Dell configuration as the best solution for the City. This allows the City to continue to standardize on Dell computer equipment which adheres to the master plan for standardization of computer hardware equipment approved by Council in 1995. Each unit is compatible with Microsoft's new operating system, Window Vista which will be released in 2007. Also the units are covered by Dell's three year warranty and gold technical support which gives staff 24 x 7 phone support when troubleshooting hardware problems. Dell participates in the State of Texas Department of Information Resources (DIR) cooperative purchasing program which offers a 290/0 discount off list price. By participating in the DIR cooperative purchasing program the City is meeting all State competitive bidding requirements for this purchase. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any State Law that would require the City to solicit competitive bids. Participation in this program will be cost effective to the City. Staff recommends purchasing 100 replacement computers to replace existing 4 year old desktop computers from Dell. Approval of this purchase will contribute to the Council's goal of Financially Responsible City Government. Recommendation: Approve PU 2007-003 to authorize pu rchase of 1 00 desktop computers from Dell, Inc. in the amou nt of $124,623. DELL QUOTA TION QUOTE #: Customer #: Contract #: 340520438 2445174 9913578 Custom erAg reem ent 01 R-SOO-192 #: Quote Date: 1/5/07 CITY OF NORTH RICHLAND HILLS Date: 1/5/07 3:24:57 PM Customer Name: TOTAL QUOT ::::I AMOUNT: .. Product Subtotal: $124,623.00 Tax: $0.00 Shipping & Handling: $0.00 - Shipping Method: Ground Total Number of System Groups: 1 rill QUANTITY: 100 SYSTEM PRICE: $1,246.23 GROUP TOTAL: $124,623.00 Base Unit: Op tiPlex 745 Sm all Form Factor Pen ti urn D 945/3 .40G Hz 2X2l\JI,800FSB (222- 5909) Pr 0 cess or: NT FS File System,F actory In stall (420- 3699) l\.1em ory: 2.0 G B,N on - E C C ,533l\JIHz DDR1 2xl G B, 0 ptiPl ex 210L (311-5650) Keyb 0 ar d: Dell USB Keyb 0 ar d ,No Hot Keys En glish ,Bl ark, Op tip lex (310-8010) lVIonitor: Dell IDtr ash arp 1907FP Flat Panel with Height Adj u stab I e Stan d ,19.0 Inch VIS, Op riPlex Pr eci sion an d L atitu d e (320- 4566) Video Card: 128l\.1B A TI Rad eon X1300 Gr aphic Card ,w/DVI and TV Out ,L O'W" Profile, Op tiPlex 320 Desktop and 745 Sm all Form Factor (320-4930) Har d Drive: 80 G B SAT A 3.0 G b Is an d 8l\.ffi Dat aBur st C ache,Dell Op riPlex 320 an d 745 (341-4214) Flop py Di sk Dri ve: Dell 13 in ll\.1edia Card Read en or D àl Op tiPl ex: 7 45 Small Form Factor (341- 3917) Op er ann g Syst em: Win dO'W" s XP Pr of ession al Servic e Park 2,with l\.1edia,Dell OptiPlex 320, 740 an d 745 English ,F actory Inst all (420-6281) Op er ann g Syst em: Th ank you for ch 0 osin g D àl (310-8611) l\.1ou se: Dell USE Premi urn 0 ptic al 5- Button l\.1ou se,Bl ack, Op riPlex (310- 8218) TEll: RoHS Com p lian t Lead Fr ee Ch assis an d l\.1oth B' boar d,Dell Op riPlex (464- 1131) CD-ROM or DVD-ROMDrive: 8X DVD+!- RW , Op tiPlex 745, Sm allF orm Factor (313-4462) Sp eaker s: In tern al Ch assis Sp eaker Op ti on ,Dell Op riPlex 745 G X620 and G X520 Sm all Form F act or (313-3352) D ocum entation Diskette: Resour c e CD c ont ains Diagno sri c sand Driver s for Dell Op tiPl ex System s (313- 7168) Factory In stalled S oftw ar e: En er gy Sm art,En er gy Star Lab eling,EIS T for Op tiPl ex (if app li c abl e) (310- 8344) Feature P S2 Serial Port A dap ter ,with Don gle for S ec on d Ps/2 Port Half Height, Op tiPlex 7401745 G X620 Desktop! SmallF ormF a (310-6619) S ervic e: Gold Technic al Sup p ort S ervic eOp tip lex, 3 Years, 1-866-876- 3355 (DE LL) (960- 2692) S ervic e: Typ e 3 Contract -Next Bu sin essDay P arts and Lab or On-Sit e Resp on se, 2 YR Ex! m d ed (970-8862) S ervic e: Dell Har dw ar e W arr an ty Plu s Onsite S B'vi ce, Extend ed Y ear (985-2498) S ervic e: Typ e 3 Contract - N en: Eu sin essDay P arts and Lab or On-Sit e Resp on se, Initial Year (980-4900) S ervic e: Dell Har dw are W arran ty Plu s Onsi te Servic e, Initi al Year (985- 2491) S ervic e: PUB, Op riPlex 3 YR Info (983- 6648) In stallation: Stan dar d 0 n- Si te Inst allation Declined (900-9981) You have cho sen a Vist a cap ah Ie System (310- &324) Typ e 14 - K æp Your Har d Drive, 3 Year s (960- 2591) Ass et Recovery, Pr 0 gr am l\.1an aged, Q TY 1 Valu e Rec over, 4 YR (981-5218) Ass et Recovery, Pr 0 gr am l\.1an aged, Q TY 1 Valu e Rec over, 4 YR (981-5218) CFI,Roll up ,In tegration S ervic e,1m age Load (366-1416) CFI Routin g SKU (365-0251) CFI,Roll up, Cu stom Pr oj ect,F ee for E SLH (366-1551) SALES REP: R Tejada PHONE: 1800-901-3355 Email Address:roxanne_tejada@Dell.com Phone Ext: 7247738 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.dell.com/auote Unless you have a separate agreement with Dell, the terms and conditions found at http://ftpbox.us.dell.com/slg/resellerslresellertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. **Sales/use tax is a destination charge~ i..e.. based on the "ship to" address on your purchase order.. Please indicate your taxability status on your PO.. If exempt~ please fax exemption cettificate to Dell Tax Depattment at 512-2B3-9276~ referencing your customer number.. If you have any questions regarding tax please caIIBOO-433-9019 or email Tax_Depattment@dell..com.. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services· Asset Recovery Services group for EPA compliant disposal options at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply. Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL www.dell.comlenvironmentalfee Quote#: 324670-2 I Date: 12/01/2006 Quote Attn To: Mark Texada Quote Email: mtexada@nrhtx.com Contract#: DIR-SDD-220 - Texas DIR Sales Rep Information Name: Russ Lilly Customer Information Customer: City of North Richland Hills Phone: Fax: Email: (800) 211-4952 x25084 (605) 232-2715 ru ss.lilly@gateway. com Attn: Phone: Accounts Payable (817) 427-6241 System Gateway E-4610S Unit PrÎce $1,236r37 Qty 100 Ext. Price $123,637.00 Operating System: Genuine Microsoft® Windows® XP Professional Edition (SP2) Operating System Backup Media: Genuine Microsoft® Windows® XP Professional Media Application Software: No Application Software Selected Security Software: Symantec Client Security 3.0 90-day complimentary subscription Processor: Intel® Pentium® D Processor 945 featuring two processing cores (3.40GHz 800M Hz FSB, 2x2MB cache, non-HT EM64T) Memory: 2048MB PC5300 Dual-Channel DDR2 667MHz SDRAM (2-1 024MB modules) Motherboard: Intel® Q965 Chipset Hard Drive: 80GB 7200rpm Serial ATA II hard drive wI 8MB cache Floppy Drive: 3.5" 1.44MB diskette drive Optical Drive: 16x Double-Layer Multi-Format DVD±lR±RW/CD-R/RW recorder Backup Media: Nero 6 Suite Backup Media (requires CDRW Drive) Backup Media: Power DVD Backup Media (requires DVD-ROM or DVD-RW Drive) Backu p Med ia: E-Series 461 OD Drivers & Applications CD Backu p Med ia Warranty: Desktop Value Plus Service Plan -- 3 year partllaborlNBD on-site/3 year technical Support Chassis: 3-Bay Micro-BTX Case 1/0 Ports: Serial Port Bracket 1/0 Ports: Parallel Port Bracket Mon itor: Gateway 19" Widescreen High Definition LCD Display Video: ATI x1300 Ultra Video Card with 128M DVI & TV-Out Keyboard: 104+ Keyboard (USB) Mouse: Soft-touch USB Optical Wheel Mouse Speakers: I nternal Speaker Management Software: Intel® LANDesk Client Manager V.8.1 DWL Additional Software: RTY TFT Display EZ Tune Install CD Software Documentation: End User License Agreement for Non-Microsoft Software Software Review: Out Of Box Experience Review System Type: Desktop Monitor Cable: Belkin-DVI Flat Panel Cable with a right angle connector Controller Card: Integrated Ultra ATA100 and Serial AT A 11/300 controllers Expansion Slots: 1 PCI-E x 16, 1 PCI-E x 1, and 2 Half Height, Full Length PCI Slots External Ports: (8) USB 2.0 (2 Front and 6 Rear), (2) PS/2, (1) RJ-45 Integrated LAN, (1) Microphone, (1) Headphone, (3) Rear Audio, (1) VGA, (1) DVI Certification: Energy Star Compliant Sound: Integrated Sound Blaster compatible audio Network: Integrated Intel® 10/100/1000 Twisted Pair Ethernet Additional System Software: Adobe® Acrobat Reader® 7.0 and Google Toolbar Expansion Slots: 1 PCI-E x 16] 1 PCI-E x 1, and 2 Half Height: Full Length PCI Slots External Ports: (8) USB 2.0 (2 Fror,t and 6 Rear), (2) PS/2, (1) R.J-45 Integrated LAN. (1) M ic:ruµh(Jrl~, (1 ) He¡:Hjph()n~ (3) R~E;H Audio, (1) VGA ({) DVI Certification: Energy Star Compliant Sound: I ntegrated Sound ßlaster compatible audio Network: Integrated Intel® 1 Of1 00/100U J wisted Pair I::.thernet Additio nal Sys1cm Software: Adobe® Acrobat RCfJ de r® 7. 0 ~Il d Goog leT oolbar Page 1 of2 ~.~ 'i "..,fc.:w. "1',..ITI] Sub Total $123,537.00 (Shipping & Handling Included) Tax $0.00 Comments: **CIS Custom Imaging included in pricing** Quote su bject to terms of cu tTent Ag ree ment si gned by you and G atevvay, or abse nt Agree ment, to G atevvay' s Standard Terms of Sale and appli cable prod u ct and se rvi c e s vva rra nt i e s wh i ch are ava i I a b I e by vi si ti n g gate vvay. com 0 r ca II i n g 1 -800- 84 6- 2 0 0 0 fo r a fre e co py. S e rvi c e a g re e m e nts are is su e d an d performed by third patti es. May not be availabl e in all locations. Accidental Damage Protection not avai lable in all states. Phone charges may a pply for tech suppo rt. If purchased, on-site service techni cia n will be se nt if necessary, following ph one-based tro ublesh ooting. Avai labil ity vari es. Other conditions apply. APPLICABLE SHIPPING AND HANDLI NG OR RESTOCKING FEES TO RETURN PRODUCTS MAY BE CHARGED. All offers va lid in US on Iy and are subject to chang e with out notice or obli gation. Quoted prod uct only avail able throu gh Gateway.co m or by calling 1-800-846- 2000. Prices excl ude ship ping, han dling, and taxes unless othervvise stated. FINANCBLE.A.SE CUSTOMERS: Financing and leasing provided by independent lenders to qualified US residents only. REBATE OFFERS: For more information about rebate offers, log onto http://VW'fIN.gatevvay.comlrebate or call 1-800-846-4208. TO THE EXTENT YOUR CURRENT AGREEM ENT CONFLICTS VVlTH ANY OF THE FOREGOING LIMITATIONS, THE TERMS OF YOUR CURRENT AGREEMENT VVlLL APPLY. © 2005 Gatevvay, Inc. All rights reserved. Tra demarks used here in are trademarks or registered trademarks of Gatevvay, I nc. in the United States and other countries. All other bran ds and prod uct names are tradema rks or registered trademarks of thei r respective compa nies. See i mpottant Microsoft a ctivati 0 n re qui re me nts at http://WNW.gatevvay.comlms- re q . 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L~ re~~:~.-€d a.:.-d .'c:.;:ep¡E-ti b~ 0·.;:: ofke Fre-igh: : TBD Tot..,l: i.14..~,fi¡6.ffl CITY OF NORTH RICHLAND HILLS Department: Support Services Presented by: Thomas Powell Council Meeting Date: 1-22-2007 Agenda No. B.4 Subject: GN 2007-008 Approve Interlocal Cooperative Agreement with the NCTCOG for Receiving Funding for Vehicle Replacement under the 2006 Clean Fleet Vehicle Call for Projects - Resolution No. 2007-005. In April 2006 the Regional Transportation Council (RTC) approved funding for implementation of a Clean Fleet Vehicle Call for Projects in the Dallas-Fort Worth Metropolitan Area. The Clean Fleet Program is administered by the North Central Texas Council of Governments (NCTCOG) and is for replacing older vehicles with new vehicles which produce cleaner emissions. The Clean Fleet Program will reimburse 800/0 of the new vehicle cost. The scoring was based on emission reduction, annual mileage driven, and the energy efficiency of the newer engines. The City of North Richland Hills has been awarded funding for eight pickups not to exceed the amount of $141,000. Two vehicles will be purchased this year resulting in a savings of $19,000. The remainder of the pickups will be replaced in 2007-08. To receive the funding the City must enter into an Interlocal Cooperative Agreement with the NCTCOG. By entering into the Agreement the City agrees to follow the guidelines of the Agreement and the Clean Fleet Program. The guidelines require the new vehicle to be registered and operated in the Dallas - Fort Worth Nonattainment Area. The vehicle must be operated and maintained in accordance with State Law and the Clean Fleet Vehicle Ordinance. The Ordinance states emission systems must be maintained in good working order and the vehicle must be able to pass the annual required State inspection. The engine in the old vehicle being replaced must be destroyed within 90 days of the purchase of the replacement vehicle or the vehicle must be sold for out-of-state use. We believe we can abide by these requirements. Resolution No. 2007-005 authorizes the City Manager to enter into the Interlocal Cooperative Agreement. Recommendation: Approve Resolution No. 2007-005 Ni~H RESOLUTION NO. 2007-005 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute an Interlocal Cooperative Agreement with the North Central Texas Council of Governments for receiving funding for the 2006 Clean Fleet Program. PASSED AND APPROVED this the 22nd day of January, 2007. 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, Director of Support Services Department: City Secretary Presented by: Subject: PUBLIC HEARINGS No items for this category. CITY OF NORTH RICHLAND HILLS Council Meeting Date: 1-22-2007 Agenda No. C.O CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-22-2007 Agenda No. D.O 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: 1-22-2007 Agenda No. E.O CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Greg Van Nieuwenhuize Council Meeting Date: 1-22-2007 Agenda No. E.1 Subject: PW 2007-003 Approve Engineering Agreement with LopezGarcia Group, Inc. for the Wastewater System Rehabilitation Project - Priority 3 Repairs - Resolution No. 2007 -008 This Capital Improvement Project (CIP) includes the design and construction of the remaining "Priority 3" repairs and rehabilitation to the City's wastewater system as determined by field investigations and outlined in the Sewer System Evaluation Study completed in 1998. The evaluation study was approved by the EPA and identified serious repairs (defined as Priority 1 and 2 repairs) that needed to be completed by April 2003 as well as some less serious repairs (Priority 3) that did not have a specific deadline for completion, but needed to be repaired. The study identified over 900 Priority 3 problems that needed to be addressed. Public Works staff began working on these problems in 2003 after the completion of the Priority 1 & 2 repairs. The majority of the Priority 3 repairs have been completed, but the remaining, more complicated repairs (53 overall) have been included in this project. After the completion of this project all of the Priority 3 repairs will be complete. Staff followed the City's policy in selecting a design firm for this project. The requests for qualifications were mailed out to 37 engineering firms. Thirteen firms submitted qualifications for consideration. A Review Committee consisting of the Public Works Director, Purchasing Agent, Operations Manager, one of the city's engineers and the Budget Director was formed to review and evaluate the qualifications. The top three firms were invited to provide a presentation to the review committee in September 2005. The top three firms selected by the committee were: 1. LopezGarcia Group, Inc. 2. GSWW, Inc. 3. Freese and Nichols, Inc. The LopezGarcia Group was selected by the committee due to their principal engineers' previous experience on similar projects. In fact, the project manager is the same engineer that performed the design for North Richland Hills on the Priority 1 and 2 repairs and has designed hundreds of North Richland Hills' projects since the 1970's. After the LopezGarcia Group was selected staff began meeting with the firm to define the exact scope of work. It was discovered during these meetings that the evaluation study previously completed did not go into the same level of detail in defining the Priority 3 repairs as it did for the Priority 1 & 2 repairs. The study simply identified the general problem (for example "sag in sewer main") but in many situations did not specifically identify the extent of the problem. It was not necessary to have the same level of detail when Public Works staff was making the repairs in house. This is because since the area needed to be excavated anyway the exact problem could be identified and the repair made in the field making detailed design solutions unnecessary. The city's engineering consultant however needs to know exactly what the problem is and the extent of the problem so that a design solution can be determined and construction plans & documents can be prepared for bidding. Since additional information was needed anyway Staff determined that it would be more economical for the city if Public Works staff went back and better identified the problems in the Priority 3 projects. This process took 15 to 16 months to complete due to the record number of main breaks that occurred during this same time period. Even though the additional evaluation by staff took more time it reduced the city's costs by not needing to hire the engineering firm to perform the same evaluation. Once the engineering firm had the necessary information to develop the scope of work for the project the contract was finalized. The eng ineeri ng fee for th is project is a lump sum fee in the amou nt of $98,115. Desig n fees for these types of projects are generally higher because of the number of different project locations and the relatively small size of each individual project. Surveying and field investigations take much longer for this type of project versus a project that is at one location. Staff believes that the fee negotiated is a fair and reasonable fee for this type of project. Design will begin as soon as the agreement is approved by Council and is scheduled to be complete by June 2007. Construction is scheduled to begin in late July 2007. Sufficient funds have been approved in the 2006/2007 Capital Projects Budget for this project. Recommendation: To approve Resolution No. 2007-008. LOPEZGARCIA GROUP COMPANY PROFILE LOPEZGARCIA GROUP (LGGROUP) is a 200-person firm whose services include civil, structural, mechanical and electrical engineering; environmental, planning and cultural resources studies; surveying and construction management. The firm has eight offices, including its headquarters in Dallas and its largest branch office in Fort Worth (which is only 5 minutes from the North Richland Hills City Hall). LGGROUP is certified by the North Central Texas Regional Certification Authority as a Disadvantagedl MinorityNVomen-owned Business Enterprise (D/MNVBE), and by the State of Texas as a Historically U nderutil ized Busi ness (H U B). LOPEZ GARCI A G ROU P has 15 Principals, most of which are registered professional engineers. The KEF division of LGGROUP is located in the Fort Worth office, and includes Richard Albin, and Don Canton, each of whom has more than 20 years of experience in the design of water and wastewater system facility projects in North Richland Hills. The KEF division also continues to maintain a vast library of historical plans, specification, reports, maintenance records, maps, and other project design data for the City of North Richland Hills. The extensive experience of KEF division employees along with KEF's ready access to valuable and important North Richland Hills water and sewer system data make the firm uniquely qualified to assist the City with all of its water and wastewater system design and rehabilitation needs in a timely and responsive manner. LGGROUP's civillstructural engineering experience encompasses planning, design and construction phase services on a variety of infrastructure assignments including municipal utilities, transportation and site development projects. Our staff has prepared engineering reports, design studies, hydraulic studies and modeling, schematic layouts, preliminary design and final plans, specifications and estimates (PS&E) for a broad range of utility and transportation infrastructure projects. Project types have included water and wastewater treatment, storage and conveyance facilities; municipal streets and thoroughfares; Interstate Highways, tollroads and freeways; bridges and interchanges; commuter rail track and stations; airport runways and taxiways; drainage and flood control structures; and general site development. LGGROUP's survey department has completed boundary surveys, topographic surveys, construction staking and mapping on a variety of projects for municipalities and state and federal agencies. These projects have included utility pipelines, streets and highways, airport runways and taxiways. LGGROUP survey staff are trained and experienced in the use of the various GPS equipment systems. We have used GPS technology for boundary, right-of-way and route surveys, and as a basis for establishing State plane coordinate control system networks for primary control on projects. In addition, a number of our field staff are OSHA-certified and have experience on projects requiring OSHA certification. Finally, LGGROUP has its own Survey Safety Manual that is practiced by all survey personnel on all projects. Ni~H RESOLUTION NO. 2007-008 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. The City Manager be, and is hereby authorized to execute the attached Agreement for Engineering Services with LopezGarcia Group, Inc. for the design and construction of the Wastewater System Rehabilitation, Contract "C" project as an act and deed of the City. PASSED AND APPROVED this the 22nd day of January, 2007. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director Contract # P05MUN.NRH 01 P01 CITY OF NORTH RICHLAND HilLS, TEXAS PUBLIC WORKS CONTRACT AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT ¡s made and entered into this day of r 2007, by ~nd iJ~lw[Júrl THE CITY OF NORTH RICHLAND HILLS huruinDfter called the OWNER1 and LOPEZGARCIA GROUP, IN C., ~ GO r pora t i on herei na ft er Ga II ed the EN GIN E E R . RECIT ALS This AGREEMENT is applicable to the furnishing of Basic and Special Engineering Services by the ENGINEER to the OWN ER for the design and ccnstructi on of WASTEWATER SYSTEM REHABlllT A nON. CONTRACT ,.CN ~ herBinafter caned the PROJECT. CONTRACTUAL UN DERT AKtNGS SECTION I EMPLOYMENT OF ENGINEER T h t! 0 W N E R él!-J raes I (J Ù rnp1 0 V t h a EN GIN E E ~ r J n d the EN GIN E E R ng ree::; to t urn ~5h the Bas i c and Speci a I En glneA ring Se rvic e s. il1 Cù n nðCt i on wit n th 8 PROJ ECT .as. s t atad inSect i Q n U follow i n g, an c1 fo r h.av i ng ran dare d 5uch services the OWNER agrees tD pay to the ENGINEER compensation as stat8d in Se~tion V1 fotlowing. 5ECT~ON II CHARACTER AND E.",(TENT OF SERVICES 1. The BASIC ENGINEERING SERVICES to be rendered by EN6!NEER¡ ¡nGlude and are limited to the foU~wiflg: A. Ev a ~tJ ate re cord draw i n 9 s (as av ai I a ble) an d site con d i t ions for each 0 f the 53 re p air l te m sid entifie din Attachment W A" - Scope of Work to further ref in e the repair/replacement method (s} recom mended and advíse the OWNER, af any geotechnical, soíl foundatíon, or other subsurface investigalíons or any speciai surveys or special te5tjog which, in the opinion of the ENGINEER¡ may be required for the proper exe c ut ion () f th e pro j act, a nd as si $t th e OWN E R in a r ran gi ng for the co nd uct of such i nve stigat i on.s and t e.s t s~ (Th 8 perform a n ce of t hase ¡ n vestigati 0..., S an d t as t s is; not a pa.rt of t hA EN GIN EER' S Basic Sarv LC€ S and will n at b a ¡nct u dad unle 155 sp acificall y au tho riz ad in writing by t h a OW N ER. ~ B. Pr ape re a Pr el ¡ m i nary ~ 60%) com p I et e set of plans an d sp ec i fj cation s fo r re'-' i ew and comm ent by the OWN E R, an d th e Texas Depa rtmen t of T r a ns port 13 t ion (T x D OT) as nee 8ssary for D arm i tti ng p urp ases. C. PrP.fJare a natat'Ad Engi near' ~ Opinion ()f Probahle Confitru,r.tion Co~1t com mensurate with the 60 % pl3r'ls and sp ecific ati ons. The E NG IN E E R 6 h all not be r aq u i red to 9 u ara Mea th e acGU r oc y of t he GO n 51 ruct ion COSt opinÎons. D. Based on the c.omments received from the 60% review I prepare a Final (90 %) cornplùte 00 r of p1ans tor review and comment by the OWNER¡ and for permitting purposes by the Texas Department of T ra nsport at jo n as n ecess ary . E. Pr spore .i] de t ai led En gin aa r · S Op i n ~ 0 not Prob able Co nst ruet ion Cost com mens u r ato with th e 90 % pi an Si and sped fícati ons ~ T h 8 EN G IN E E R s.h all no I bf:! r eq I.J ired fog u are ntee 1 h e a ~cu r ac V of the co nst ructì on cost opinions. F. Based on the comments received from the 90% review. develop a 100% c;omplete &9t of Contr:U'::it Documents {final con.struction plans, specificationSt and o~nion of probabre construction C06t6) for review and approval bV the ONWER. G. Fur ni sh tat h e 0 WN ER U rJ to 3 0 ~t ~ 0 f C [) n ~ true t j() n COrl true t DQC U me nts 8 S ne ce 5 sa ry for d i str~ b ution to JDtefll iHJ hithh-n~. All SHt!:i of Cunst r U[:t inn CUrll r.HGI DCH~ulT1HnE ~ in exeH!:,:S n f 30 (ire to be paid for s-epa rat e Iy , H. Ass i st the 0 W N ER with the b iddi n 9 pro c; ess, in cl ud i n g p.a rti ci pat in gin a pre -bi d conf ere nee, an swe ri ng q u es t ~ 0 n s from p r09 pect i ve b i dde rs. pre pari n g add s-nd a to the Con str u ctio n Con t r ac t Docu me nts, attending the bíd opening, tabulating and evaluating the bids and recommendíng award of the co ns true t j 0 n con t rat; t. The 0 WN E R sh ~ II be r esp 0 ns i b I e f or ad v er t i sin[1 the PRO J E C T an d d i str i b u t1 ng the Cnnstructi Orl Contr(tt';t Dnr.=urnentR to p{}t~ntial birldE!rs~ I. Assem bl e the fin al Con stru ction Con t r ac t Do cumen t s f or ex e cu I ion by the con st r uction co n tr actor r the OWNER1 and TxDOT. if appliceble. J. Assjst thB OWNER ín c.onduct ing a pre-c.ünstructíon confcren~e with the: construc.tíün contrm:~tor r his sub contracto rs, Tx DO T, and the varjolJ s franchise utility companies known to ha\ll e facilities within Ihû area(s) . K. Rep r es en t the OW N ERin tt'l e Non-ResJden t adm in ¡ str ation of th e pro Jeet , j nth is c apac ity. th e EN GIN EE R shall have the authority to eKercise whatever rights the OWNER may have to disapprove work and ma t () ría Is th at fa i I toeD n form to the Con st ruet ion Co n tract Doc urn an t s w hen s.u c h f ai lure s. ar e b ro u 9 ht to th e: EN GIN E E R 1 S atte n t ion, , Th is tun cti 0 n of EN GIN E E R sha II not be cons true d (IS SlJ P (! rv i si (J n of t ne p r oj eet and does not i Jl C I u de 0 n- site act ¡vi t j es oth e r than oc ca s i ana I site v is j t s too b se rye 0\1 er ~ II pr 0 i û ct co nd ition s or when s pti G i f j c.a Ily requests d b V OWN E R to v isi t 0 n- site fo rap arti cui ar matte r . It parfi c:u tarly does n at In volv e e xha u.st i v e or conti n uo u s on· site ins pe ct on s to ch eck th e q u afity or quantity of the W D rk or mat erial; n c r doe sit P I a ce Ð n y res po n s ¡ b i I it y on EN GIN E E R fo r the tech n q ues and sequ ene:e s of constructìon or the safBtv precautions inc¡dent thereto and ENGINEER wftl not be responsible or liable in any degree for the Con t r acto r I s fa i ~u r û t ú pc r form l h [} (: 0 ns true t ion w () rk in uccor d an ce with the Coos tnJ Gti on Con t rac! I) oc U me ots) . l. Consult and advise the OWNER~ issue such instructions to the Contractor as in the judgment of the EN GIN E ER ar e n ece s sar y; an d pre pare ro uti nee h a n ge 0 rd e rs as requ j re d . M. ReSi :MJrld to Requests for Info(m atíon trom the Contr ac lor ro:'Vicw S¡,tmpl e~. r;a1t1log data, scned ules, shop d f aw i ngs / I a bor ator V ,sh op an d mi t I te sts 0 f mat eri al an d e q u ipmen tan d ù thùr d a t.a w hi Gh t n I] Cun t f,¡;J ctor is required to submitr only for conformance with the design concept of the projact and c:omµliancA with the j n form at i 00 9 ¡ v en by th e Con str u cti on Contra ct Doc ument s; and assam ble w. ' itten g u ar.a nte e s whìc h are re qui red by the Con s r r uct ion Co ntr a ct Doc u m e nts. N. P r e:pa re or re \I i e w month Ivan d fì n a I cst i m at os fo r pn y m ~ nts t D Co nt rQcto r 5. an d fu r n i st'! to t he OWN E R appro p ri at e r ec 0 m men d at io n s as to p aymen t s toe ont r act 0 rs an d S u pp I ic r s. o. Conduce in company with OWNER¡ a final inspection of the project for conformance wjth the design cone ept 0 f the pro je ct an d com pi i an c e wit h the Con S I rue t 10 n Con tract Doc u m e nts I and ap prov a in w ritin g tinal payment to the Contractors. P. R evj sa cont r act d r a win gs I Wit h t he a ssi st an e;e of t" e OWN E R' Si Re sj den t Pro j eet A€ pres en t ative tore f feci a v a i I a b j e i nfor mat ion as to how t he work was CD ns t r LJct ad. F u rn ish a set Q f print Si of t h a:;e rev i ~p. d drawings to tt"le OWNER. L 2, The SURVEYING SERVlCES to be rendered by ENGINEER include and are limited to the following: A. Per í [) r m fie I d surveY9 to GO lie ct i nformat ion 0 n exi st i ng Sal111 ary sewe r man holes be ¡n 9 repai red Q( rs plac ad as part ()f the line ~gment~ whjch Úl the opiniun of the ENGINEERr is required in the fJnal desfgn of the PROJECT~ B. Furnish Conlrol Poinls and Elevation Bench Marks required to est~hlish the alignment and elevat¡ons as req u j red for the Co ntr Bet 0 r to layout the co nst r uc ti a n 0: f the PR OJ ECT to t ha r:.ro per Ii n es and grades fur the construction of the designed improvements. Furn¡shing Control Points and ElevatiDn Benc:h Marks sh a II be pe rfor m e d on a on e - tim û 00 sì s pr i 0 r to constru cti on acd vÎti es. The C onst ruet ion C ont r actO r shall ba respo n sj b Ie fo r pr ot ecti ng s ai d it ems d Uf j ng const ruet i en. SUN ey Se rvi ce s to re-e sta bl i sl'l Contro f Po in t6 and /0 r E r Bvatj 0 n Ban G h Ma rks damaged bV GO n st r u ct i {) n or othifl r act i v i tj as b Byon d the EN GIN EE R ~ s cont rol sh all be consi dered as A ddjtionaf Serv i c as and will he ¡ n voiced û n a II" time and mate rial s.. b as¡ 5 ¡ n DC cord 6 nc e wit h the EN GIN E E Ft I S rat ð ~hed u Ie 5 effe c:ti \fA at the t j m e said S e rvi ces are reOOOf 0:tJ. 3. TtI e 1o IDVtÍ ng Sp ecial E ng i n eeri ng Services al1lj a II ot hers not s pee ifica Ily included above are excl uded from the AGREEMENT for Engineering Services. Some or all of the fullowing Special SelVices may be requ ired durirtg the p rog ress of the P R OJ ECT and ca n be prov id ed on a [:tim e and materi a I s· basis in aOCLJ rd a nLe wi th the E NGI NEE R ts rate ~h ed u te $. effective at the time said Services are n eg obated. A. Perter m 1i &1 d su rveys, co n d oct record ~ rA sea rcn an d furn i sh prope rty de sc f i ption is tor the plJ rpose a f easement and/or right~of~way acquisition by the OWNER. B. Su rveyfng a nd/or engi neering saN i ces assðr: i atell with tt1 e layou t or construction stakill 9 of tire PR OJ ECT . c. Inspection of the PROJECT construct¡on, D. R e si dent Pr ojec tRap resen t ati on, SECTION HI AUTHORtZATION OF SERVICES The OWN ERls execLJt[on of this AGREEMENT sliall be OOI1sidsred as authorization for the EN GIN EER to undertake this a ssjgn ment t m med 18 te I 'i- SECTION lV PERIOD OF SERVICE Thts AG~EEMENT shall be effective upon execution bV the OWNER and the ENGINEER, and shall rernatrt in furca until com p Ie t j 0 n 0 f con 81 r uct io n or un t ij term i n,;:¡t ~d u ndü r th e provjsi on 9 h erei n aft er p rov i ded inS ec ti on X. SECTLON V COORDINATION WITH THE OWNER The EN G N E ER shall h 0 r d per i 0 die con fare nee So wit h t he OWN ER, or its rap resentativesJ to thee nd th at the p rojocl ~ as perfBCted, shall have full benefit ar t~u:~ OWN ER'S EXPERIENCE AND KNOWLEDQE OF EXIST NG NEEDS AND FACILJTIES, AND BE CONSISTENT wtrn JTS CURRENT POLICIES AND CONSTRUCTION STANDARDS. TD implement this coordinationr the OWNER shall make avaiJable to the ENGINEER for use in planning Ihe proiect¡ ¡]JI existìng plans, maps , fie I d n (] tus J stat i 5 ti cs, com pu I ati on s and other d a!a in h is possession re j ative t a E:xisUng f aci I ít ins [In d Il) 1 hR P ro ~ect . 3 SECTLON Vf THE ENGINEERS' COMPENSATION For and in considerat]on of the Basic and Special Engineering Ser,¡ices to be rendared by the ENGINEER~ as cited in Section II above, the OWNER shaH pay and the ENGINEER shaU receive compensatfon as set forth hereinafter: 1. BASIC ENGINEERING SERVICES Compensation for the Basic Engineering Services ~Prelim~nary Des¡gn¡ Final Design and Construction Phases) for the PROJECT shall be a lump sum fee of $90.105.00. 2. SURVEYING SERVICES Compensation tor the SUr\lsyíng Services tor the PROJECT shall be a lurnp sum fee of $4r010.00. 3. REPRODUCTION Comp e n s~t¡ on tor the Re prod uct íon S erv f cas fo r the PROJ E CT shai I be ð I\J m p 5U m fee 0"1 $ 41 000. 00 4. TOTAL COMPENSATION Total co m p en sat [0 n to t he EN GIN EER sh a 1J í n cl ude 1he s.u m of Ite m 1. ., Basj c En gi n(:f:I ring Sa rvices" {.$90/1 05~~ Item 2. "Surveying ServiceslÞ {$4,01 O~, and Item 3. fJReproduction" ($4,OOOL for a total lump sum amount of $98,115.00 without additionel negotiation and authorization. Soo ATTACHMENT -BN - Work Tesb and FeBS. The compensation for engineering servicðs ~tMArJ does not joctude salm~. tux. If the Stste of Texas imposes a sales 'tax on engineering services during the time of this contract. then tha Owner agrees to pay the sales tax a9 an ext ra pay m en t. a bove and be yo n d the ag reed com pen sat i Q 11 for B ngi neeri n 9 se r vics!'1. O( pro vi de ENG IN E ER with ap p r oJ.ni¿j( e d ocu men t ation an d lor ce rtificet ion of OWN E A ' s ta x.-..e xem pT stat us . SEGT ON VU REVISION OF REPORTS, PLANS~ SPECIFICATIONS AND OTHER DOCUMENTS The rûv is i 0 r1 m 1 d r u - work of r epo rts, plans, spe cifi ca t ion san die r other d ocu me n t6 dlJ r in 9 the format i ve stages as an arderJy process in the dcvalopmnnf uf 1ha PROJECT to meat the needs of tt1e OWNER shall be- considered as part of the- Basic Services; however after a defínite plan has been approved by tha OWNER~ ¡f a decis¡cn is subsequently made by the OWN ER I w h ic h I for it s p rope r B);: ecu ti 0 n in v Q I v as extr ['t sarv ices and e xpe:n oos for chi! nge 5 in 0 r ad d ft i ens to tl1 e drawingSI and/or other documems, or it tho ENGINEER is put to labDr or e;.;:pense by dùlays irnpusJ!{j on him hom cEluses not with f n h í s con t ro I J th e E NG IN E E R she II be com pen sated for s uc.h e X1J a ex pense w h i en sh 311 be r.:onsi dBr flfI tis. Ad d¡tion al Services to be paid at an hourly reimbursable bssis. or a n~tiated Lump Sum Fee. SECTION VIII OWNERSHIP OF COCUMENTS Origin al cio c urn en tSi¡ pi a n ~ d AS i 9 n an d 5urv e y not es rú p rcsc n t the P fod uct 0 t t ra i n i ng, experie nee, and profession at skill, and ace 0 rd i ngly belong to ~ a nd rem a in the property of the E NG I N E ER who prod u ced them, an d t.h e Ow ner regardl ess of w hat her the f" stru m ent s we r e copy righted 0 r what h ar the pro je at tor w hi c: h they w P. rn pre p fir E! d js e)( e cut ed . 4 The OWN ER m av retai n reprod weible copi es 0 f d r ow I ngs an d co pies of oth er d a cu m ants fin co n sid arôti on of which it ís mutu8Hy agrcBd that thQ OWNER wHl USQ thorn soleJy in connection wfth the PROJECTr and not for plJ r pOSie of ma king sub seque n text en sion S 0 r en j arge m e nts he rù 10 r SUV'3 W ito the ex press w ritte n co nsent of th e ENG I NEE R . R e-u sa for ext ansion of the 0 r i Q in aI PROJ E CT a r for new pr oj n~ t s ~n i.. II rp.q u irE! w ritt en pe rm i ssi on of th e ENG I N EE R an d sh all entitle hi m to f urth ar com pensati D n . SECTION IX MEDIATJON In the event of an y con f I jets th at arise duri n Q the design and G() n sr rue 1 ion u f the PRO J E CT or fallow i ng eomplet i on of the PROJ ECT, the OWN ER and the ENG fN EER agree that atl disputes arisjng out of or re l.ating to th is AG REEM E NT or the PRO J EC T sh al1 be submitted to n on- b ¡ n ding me d ¡anon un 19& 5 the parti as ag re a oth B rw i sa. The OWN EA ~d the ENGINEER rurttler agree to include a similar mediation provision In all agreements With i nd (j po ndon t co J) it a c Lu rs and cons ul t~J1 t~ fB l ain ~d for the PR OJ E CT Bnd to require all j nd e pen dent C ont r actors and cansu I t an t s a I go to í nclude a si mì I a r mad i at i on p ro'1J i ~ inn in all agre erne nls w í th th Di r s uo- C ontr acto rs~ s ub- co nsu tta nt 9 r S U pp lie rs and f ab ri c al ('J rs,. the r eby p rovid in g fo r mad j ation as th e prima ry met hod for di spu to reso! u t ion be t W oen the partie 5 to an those agreemBnts. If the OWNER and the ENGINEER arB unabJe to reach a settlement of any dispute arising out of this AGREEMENT in FJccor dance wit h t he me d j atiQn pre ce 95, the n 9 uch d ¡ spu t BS may r wit h t he consent of bot h P art I 9 s, be settled by bin ding a r oi t 1a t i on in ac cor dance wit h the te rm s of th e T ex 8S G e n er 81 Ar bitr.8t ion Act + SECTION X TERMINATION Eilher party to this AGREEMENT may termínate tho AGREEMENT by giving to other party 30 days notice in w riti ng. U pon d~ ¡ iva ry of SL,J Gh not i ae bV the OW N ER to the EN GIN E EA 1 t 110 EN GIN E E R s h 811 di see nti nlJ e al ~ serv ¡ce9 in co nne ction wit h the parte r man c a of this. AG R E EM E NT an d sha l ¡ pro Geed 10 canCI:! I pr a mpt j Y B II ex j sUn 9 ord B r S 8 nd contract Sin sof a r as 5U C h ort! e rs c r contracts are ch a rge a bl a to thi sAG REE M EN T ~ As Sod n HS prQct ica bl e aft er ree ei pt of Jl 0 t ¡ ce 0 f t s rm I natio n r the E NG IN E ER sha II sub m ita st at eme.nt, sh c win gin dBtai I the sa rvi c e s; pt:3 rrorm ed LJ ndA r th i s AGREEMENT to the date of termination. The OWNER shall then pay the ENGiNEER promptly that proport~on of the pr H:.~ crihed c h arg es w h i c.h the: s er v ¡ œ s a ~u a l fV perf 0 nncd unde r tM i sAG R EEM EN T b ear to the tots I ss rvi cas c al f ed for un d 9 r t hi sAG R EE MEN T I A.~~ SUí'J1 P flyrn e n ts 0 n 3CCOU n t of the char gús LI s n'J ve been p rev ious! y made. Cop¡ as of a I' co m pi eted or p ani a ~ ~ y co m p I Bted designs, p I a ns. an d rep Qrt s pre pared un d er t tlífÞ AG R E E M E NT s h aU be dej 1ver ed to the OWNER when and if this AGREEMENT IS TERMINATED but subjact to the festríctìons, (IS 10 Ihair user as set forth in Section VIII. SECTION XI LlAB1 UTV Ttìe OWNER agrees thet the ENGINEER's liability for the negligenc.e¡ error, omission or breach of warrarlty rn the pr [,!ptj r ut i on of de s ¡ 9 ns an d draw ¡ n gs~ th e de sign at ion 0 r selectJ on of mat anals and equ ipm en I, t h 8 sa! BC ti 0 n a nl1 s u pe r V ís i on ú f Pr uj []{;1 Rt-3 pr f tS [m I a t iVI:!!-; an(j 01 h sr per son 11 e~ f or the pe rfo T m ance of any othe r serv I c as in co n nection with any assignment for which a particular wrftten 8uthor'lBlion is givHn bV the OWNER pursuant to Section III of this AGREEMENT1 shall ¡n no event exceed the amount of the totB.l compensation n==ceived by the ENGINEER for sorvices reflde red pursu a nt t c that pan i cui ar written aut h ori z ation . 5 SECTION XII SUCCESSORS AND ASSIGNMENTS T he OWN EA and t he EN GIN E ERe ach bi n ù!;Þ him self an d n is sucOO!';.1:!i n r~ r A)( Acuto r s, ad m i n i str.at ors a nd as S f9 n s to any ot her party eft his AQ R E EM E NT an d 10 l ~ lú ~ uGcessor S, e)C 00 U tors I ad m in fstr ators, an d ass i 9 ns 0 f sue hot her p any, ín res pe c t to all cov en.a nts 0 t t h i Si AG R E E MEN T . E)( capt as above n e i the r the 0 WN ER nor t he EN GIN EE R sh811 ,a ~s i gn, su b I et or tran ster his inte rest in thi s AG REE MENT withQut the written consent of the other. Nothing he rein -9hal~ be constituted as CfeEI1irlg flny personal liability on the part of any officer or agent of eny public body which m~y be a party ther€to- SECTION XIII SPECIAL CONDITIONS S pee i a I GO nditi on S r lJ n der th e AG RE EM ENT I in dud e a nd are Ii m it e d 10 those Ii ste d here ~ n afte r; the condition 5 s haU beGonlp. part of the AGREEMEN T: 1. METHOD 0 F PA YM~~T, Each m cnth ENOl NEER shall furni sh to OWNER a statement of the work performed du r i n 9 the pr e C(] ding m 0 nt h ~ Sue h ~l a I amant s ha II also in cl ude a d eta i led record 0 f the mon t hiS act u al reimbur~blc eJ(penses~ OWNER ~all pay such statement wilhin thirty (30) deys of receipt. EX E CU TE Din three ~. 3) cou n ter parts (if ae hot w h ic his Çlfl u rig i na I) un be h a I f of EN G! NEE R hy AU TH 0 R ZED SIGNATORY, .as shown befow1 and on behalf of the OWNER bv thc CITY MANAGER (thereunto duly authorized) th¡s day of , 2007. By: LOPEZGARCIA GROUP 8J!~C~~.~ DOUG LA C~ MIKEWOR H! P.E. PRINCIPAL¡ MANAGER - FORT WORTH MUNICIPAL DIVISION THE CITY OF NORTH RICHLAND HillS ATTEST: ATTEST;~"l _ ¡[-::~-þ7¿¿; Úé4~ ATTACHEMENTS: Attachment U AN - Scope of Work: The scope of work shall include the BASIC ENGINEERING and SURVEYING SERVICES for rehabilitation of the was t ew H r Ar ~"f st e m items Ii stad in the fa II 0 wing tab I e sid en t i fie d a sAtta chmen r II A P Anachment "BM - Work Tasks and Fees BASIC ENGINEERING .and SURVEYING SERVICES for the items listed in Attat:hme-nt U A'" shall be performed in a c co r d an ce w j t h th B t.a ~k sand asso c i at ad en 9 i nee r in 9 and su rvey i n 9 fe es Ii ste d in A tt ac h men t ... B rl Anachmem ..,C» - Project Schedule Completion ot thu BASIC ENGINEERING and SURVEYING SERVICES snail be in accQrdance with the :SGhedu~e idHnli riad as Attachment "C fT 6 Please Note: Attachments referenced in the agreement are available for review in the City Secretary's office. Department: City Secretary Presented by: Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 1-22-2007 Agenda No. F.O CITY OF NORTH RICHLAND HILLS Department: Police Presented by: Jimmy Perdue Council Meeting Date: 1-22-2007 Agenda No. F.1 Subject: GN 2007-005 Approve Agreement between The City of North Richland Hills and ATB Services Company, LLC for the management of the Alarm Ordinance - Resolution No. 2007-004 Council approved the ordinance for regulating alarm businesses, systems and users on December 11, 2006. The Police Department has reviewed the products currently available through ATB Services and believes that ATB Services, LLC offers the City of North Richland Hills the best value and quality of products and service. It is the City's intention to join Irving via an inter-local agreement with the City of Irving, using Irving's bid for a contractor to manage, maintain, and facilitate North Richland Hills Alarm Ordinance. The Irving bid was awarded to ATB Services, LLC. ATB Services, LLC has submitted an agreement for services to the City of North Richland Hills. ATB Services, LLC develop and maintain an automated system and the on-going administrative expenses to support the registration, tracking and billing under the alarm ordinance. ATB Services, LLC will provide services for the following functions: initial and renewal alarm registration, false alarm tracking, false alarm fee processing, citizen customer service in both English and Spanish, alarm company coordination and management, remittance processing, appeals processing, system reviews, bad debt collections, training and support and reporting. ATB Services, LLC shall be compensated for services based on a portion of fees collected, as listed in the fee schedule of the contract, but only to the extent the entire fee is collected under the Ordinance by ATB Services, LLC. Using the existing alarm responses data, it is anticipated that the alarm fees previously set by Council will adequately cover the costs of permitting, billing, collections, renewals, and the other scope of services to be provided by ATB in the proposed agreement. However, since one of the primary purposes of the alarm permit ordinance is to reduce or eliminate false alarms there should be a reduction in the fines for excessive alarms after the first year or so. Due to the unknown impact of the program we cannot predict too far into the future but believe that the funding should still be sufficient to cover the cost of the program. The agreement calls for an initial two year term renewable for an additional two year term upon the expiration of the initial term unless ATB Services, LLC is notified in writing at least 60 days prior to the expiration of the agreement. The City and ATB Services, LLC shall both have the right to terminate the agreement within 90 days by sending written notice to the other party. Recommendation: Approve Resolution No. 2007-004. Ni~H RESOLUTION NO. 2007-004 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. The City Manager be, and is hereby authorized to execute the attached agreement between the City of North Richland Hills and ATB Services Company, LLC for the implementation and administration of North Richland Hill's alarm management program. PASSED AND APPROVED this 22nd day of January 2007. 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: Jimmy Perdue, Police Chief AGREEMENT FOR SERVICES THIS AGREEMENT dated January 23, 2007 by and between ATB Services Company, LLC (hereinafter referred to as "ATB Services" with principal offices located at 3021 North Hancock, Suite 210, Colorado Springs, Colorado 80907, and the City of North Richland Hills, Texas (hereinafter referred to as "North Richland Hills" located at 7301 N.E. Loop 820, North Richland Hills, Texas 76180 1. Engagement. North Richland Hills agrees to leverage Irving, Texas contract with ATB Services dated December 11, 2006 for the same systems and services for the implementation and administration of North Richland Hill's alarm management program. 2. Term. The term of this Agreement shall commence on January 23, 2007 and shall expire on January 22, 2009. If written notice from North Richland Hills to ATB Services terminating further services after the expiration of the Agreement is not received by ATB Services at least (60) days prior to the expiration of this Agreement, this Agreement shall automatically be renewed for a period of 2 years on the same terms and conditions as set forth in this Agreement. The City of North Richland Hills and ATB Services shall both have the right to terminate the contract within 90 days by sending written notice to the other party as described in Section 6. 3. Expenses. ATB Services shall be solely responsible for all of its expenses in performing its services under this Agreement. 4. Compensation. ATB Services will invoice North Richland Hills at the end of each month for the agreed upon processing fees when registrations and fees are collected. North Richland Hills will have payment terms of 30 days from the date of the invoice to make payment. All invoices from ATB Services shall be accompanied by a detailed statement, in a form acceptable to North Richland Hills, containing sufficient information to identify the basis for the payment. ATB Services shall receive for Services the following compensation in the following amounts, but only to the extent the entire fee under the Ordinance has been collected by ATB Services: Fee Schedule: Paid Initial Registration for Residence or Business 17.50 $ Paid late fees and reinstatements 17.50 $ Paid Renewal Alarm Registrations for Businesses 17.50 $ Paid Renewal Registration for Residence 10.00 $ Paid Senior Citizen Alarm Registrations 10.00 $ Paid False alarm dispatch fee (each dispatch) 30.00 $ All bank lock box and credit card fee charges will be paid by ATB Services and these charges will be passed through to North Richland Hills at cost and be a line item on ATB Services monthly invoice to the City of North Richland Hills. 5. Audit Rights. At any time during the term of this Agreement and for three (3) years thereafter, during normal business hours of operation, City shall be entitled to inspect the Contractor's books and records, customer accounts, and all papers relating to the operation of the services set forth herein. City shall have the right to audit the Contractor's records and any expense incurred by City in conducting an inspection or audit shall be borne by City. 6. Bonding. ATB Services shall procure and maintain throughout the Term of the Agreement and any renewal thereof a Fidelity Bond from a surety insurance company licensed to do business in the State of Texas in an amount not less than $10,000.00 per occurrence in a form and containing substantive provisions acceptable to the North Richland Hills City Attorney. 7. Notices. Unless otherwise provided in this Agreement, all notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been given 3 days after the day of mailing at any United States Post Office by certified mail, return receipt requested, addressed to the party stated below: To A TB Services Company, LLC 3021 N. Hancock, Suite 210 Colorado Springs, Colorado 80907 To City of North Richland Hills Chief of Police North Richland Hills Police Department 7301 N.E. Loop 820 North Rich land Hills, Texas 76180 Any notice of change of address shall only be effective when received. 8. Successors and assigns. This Agreement shall insure to the benefit of and be binding upon ATB Services and the City of North Richland Hills, and their successors and assigns. 9. Applicable law. This Agreement shall be governed by the laws of the State of Texas without giving effect to the principles of conflicts of law. All legal issues shall be resolved by the courts of the State of Texas. 1 O. Other ag reem ents. This Ag reement contai ns all prior understand ings and agreements between the parties, and all such prior understandings and agreements are hereby merged into this Agreement and shall not be used to contradict any term of this Agreement. This Agreement may be amended only by a writing signed by the parties hereto. 11. Non-waiver. Delay or failure by either party in exercising any right under this Agreement shall not constitute a waiver of that or any other right. 12. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 13. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 14. Confidentiality. The database of information of registered alarm users and false alarms maintained by ATB Services shall remain at all times the property of the City of North Richland Hills. ATB services shall not disclose any information collected in connection with this agreement to anyone other than its employees. ATB Services shall notify its employees who are given access to this information that they have an obligation not to disclose or use this information except in the performance of services under this contract. ATB Services shall use all reasonable security measures to safeguard this information. ATB Services Company, LLC City of North Richland Hills, Texas By: By: Michael G. Zelesnik, Manager Larry J. Cunningham, City Manager ATTEST: By: City Secretary APPROVED AS TO FORM By: City Attorney CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 1-22-2007 Agenda No. F.2 Subject: GN 2007-006 Adopt 2007 Federal Legislative Program Attached is the proposed 2007 Federal Legislative Program discussed with Council at the January 8, 2007 worksession. The wording change to Immigration Reform on page 10 suggested by Council has been incorporated into the document. The four guiding principles used to develop the program are: · Support for local control; · Insuring a predictable and sufficient level of revenue to manage local affairs; · Opposition of unfunded mandates; · Support of legislation that increases the quality of life for citizens of North Richland Hills. The City's positions on various issues fall into the following categories: Protecting Local Programs, Powers and Revenues · I nternet Sales Tax · Telecommunications & Information Technology · Community Development Block Grant Protecting the Homeland · Homeland Security · Public Safety & Collective Bargaining Unfunded Mandates · Immigration Reform When the Federal Legislative Program of the City is approved by City Council, this will be given to Congressman Burgess, our U.S. Senators, and other area congressional representatives. Recommendation: Approve GN 2007-006 approving the North Richland Hills 2007 Federal Legislative Program. ..--------.-- . . . --.-. ..-.- - NI~H City of North Rich/and HiI/s ~~ ~..~ t ~ .. ·;1 .... . 'I. ~ fr . ~ .. ~P";·.:% ~¡ æ't .;.,ç:·~A ~ ? i.f J rf1' .. .:~ ,. /.y ~ ~ C ~~.~ ........+:'"... ·r ,}I:/ .j,. ~.... .¡¡}j~q$r . . ~¡j>. ~ ~:((.,.,.:~J ~ . ... ':. ~'.;': ~ t : ' · ~.. ..<~ . .1,¡.. .¡:¡:>~." 4::. L~~ ...~ ~. k· "<'.>.~ ..õ,,:õ: ,.., . 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',.... ."}~'" \~:\."t::J:~:\:.. ð)" ~ f-+L ~ .~ ~ {:1. ~ ~1 . ~fl '';~.~~.''.y ..I-~ ~ r.4 '"':' ~-~ ;;:,..... 1J,¡. ·ú ..~~... .f.#'# :f. ~ ~ L" ~ .. ...:11 I" "~ ';;:<~~cc'. J E. ~/ ~'~$(!r !~J ..' 7" Thn 1:, .\0. ~~. ~.,..~ ~..i ~ - 2007 Federal Legislative Positions .. . -------- -. -. FEDERAL LEGISLATIVE INTRODUCTION The United States Congress frequently creates new laws that greatly affect municipalities. Due to this relationship. the City of North Richland Hills must develop and adopt positions on the most critical federal issues that directly impact the City and its citizens! especially issues invo[ving 1.) local controlt 2.) quality of life. and 3.) municipal revenues (including unfunded mandates)4 Thereforer the City of North Richland Hills uses three primary principles in developing positions on legislative issues: 1 r The City vigorously opposes any 1egislation that erodes the authority to govern our own local affairs. 2. The City opposes any legislation that dramatically impacts our abiJity to pay for public services and opposes the imposition of any federal mandates which do not provide for a commensurate level of compensation. 3. The City supports legislation that increases the quality of life for our citizens including legislation that encourages equitable services that increase pride and growth in our communitYr If an issue arises in Congress that is not incJuded in this document, we urge our Congressional delegation to keep the Cityts guiding principles in mind as they make important decisions which will impact our joint-constituents. 2 TABLE OF CONTENTS G e n era I Leg is I a tj v e Pol icy 4 ~ 4 . . . . . . . 4 . . . . . . . . . . . . . . ~ . . . . . . . ~ . . . . . . . ~ . _ r ~ . _ _ ~ _ ~ _ . _ ~ _ . _ _ . . _ _ ~ ~ ~ . . . ~ ~ . ~ ~ ~ . ~ . ~ . ~ ~ ~. 4 l nt e rn e t S a I esT a x ~ _ . _ r ~ . _ _ . r ~ _ . _ . _ . _ . _ . _ . _ . _ . _ . _ . _ . _ . _ . _ . _ _ _ . _ . _ . _ _ _ . _ ~ _ . _ _ _ . . . . . 4 . . ~ . ~ . + . 4 . + . ~ . ~ . . . ~ _ . r ~ r . _ ~ _ . r ~ _. 5 Telecommunications & I nformation Technology r~. _ _~ ~_ _~. _ ~~ ~~.. ~'.'.4.' +.4. ~.~. ~.~. ~...~... ~ _. r~.. 6 Com m unity 0 eve J 0 pm e nt B 10 c k G ra n t ~ , . ~ ~ . 4 ~ ~ . 4 ~ 4 . 4 . . . 4 . 4 . 4 . . . 4 . . . ~ _ . _ . _ . _ . _ . _ . _ . _ ~ ~ . ~ . . ~ ~ _ . ~ ~ . . ~ . . . ~ 4 .. 7 H 0 me 1 and See u ri t y 4. 4 . . + 4 . . + . . . ~ . . . 4 . ~ . ~ . . . . . ~ . ~ r ~ r ~ . ~ r ~ r ~ r . _ . _ . ~ _ _ . _ . _ . _ _ _ . ~ . _ . _ . ~ . . . ~ . ~ . 4 . ~ . 4 . 4 . . . . . . . . . . . . . . r ~ _. 8 Pub lie Safety & Coil ecti ve B a rg a j n i n 9 ~ ~ ~ ~ ~ ~ . ~ ~ . ~ 4 ~ . ~ . + . ~ . ~ . . 4 ~ . . . . . _ ~ _ . _ . _ . _ r ~ . _ r _ . _ _ ~ _ . . . _ . _ . . . . . ~ . . . ~ . .. 9 I m m i g ra t ion R e fo rm .....,..... ~ 4 . . ~ . . 4 . . . 4 . . . 4 . 4 . 4 . ~ . ~ . . . ~ _ . _ . _ . _ . _ . _ . _ . _ . _ . _ . _ . _ . _ , _ . ~ . . . 4 . ~ . 4 . 4 . . . . . . . . . . _ . _ . _ . _. 1 0 Contacts . - . - . ~ . - - . - - . - . - . - . - . - . - - - . ~ - ~ ~ . - . . 4 . . ~ 4 . . ~ 4 ~ . ~ 4 ~ . . . ~ . . . ~ . _ . _ . _ r ~ . _ . _ . _ . _ . _ _ _ . _ ~ _ . _ ~ ~ ~ _ . . ~ 4 . . ~ . . . 4 . . . ~ . ~ . . . 4 . ~ . .. 11 3 GENERAL LEGISLATIVE POLICY STATEMENT OF PRESERVATION As a general policYt the City of North Richland HiUs seeks to preserve its current authority to govern the city, its citizens, and its property. As such, the City opposes legislation that: · diminishes the fundamenta1 authority of the City; · mandates increased costs without adequate compensation; · forces a loss of revenues or a decrease in public services; · erodes requirements for reasonable compensation for use of public lands; or · erodes municipal control over local water systems4 STATEMENT OF SUPPORT Likewise, the City supports legislation that: · advances municipal authority to conduct the publicts business; · improves the health. safetyt and welfare of our citizens; · responsibly and fair1y increases revenues to pay for essential services~ · reduces the cost of providing services; · responsibly promotes economic deve[opment; or · improves the economy and creates jobs. 4 · . ...____'1""1'----------. . INTERNET SALES TAX BACKGROUND Local governments rely heavily on sales tax revenues to pay for public servjces~ In the City of North Richland Hills sales tax revenues account for almost one-fourth of the City's general fund budget. Sales tax revenues also support the City's Crime Control and Prevention District, and the development of parks and recreation facilities~ Unfortunately, two recent trends have gradually eroded the local sales tax base -- migration of commerce activities over to the Internet and difficulty collecting sales tax for remote sales transactions (such as catalogue and Internet purchases). These trends will only continue as the popularity of internet shopping increases and the internet sales tax moratorium continues. A reaction to this growing concern was the creation of the Streamlined Sales Tax Project (SSTP). When the project was originally conceived, it was seen as a way for states and cities to capture sates taxes on remote sales. Texas cities were initially supportive of the Streamlined Project because it was designed to affect on[y interstate remote sales. Howevert the current SSTP requires states to adopt point-oF-destination sourcing for intrastate sales as well as interstate/remote sales. As a result, the State of Texas and Texas cities have not joined the Streamlined Sales Tax Agreement. Changing the sourcing law would be harmfuJ to Texas cities for three reasons. Firstt it would result in the shifting of revenue from origin cities to destination cities resulting in a sudden loss of sa1es tax revenue for many local governments (a change lo destination sourcing would cost over $150 million annually in sales tax revenue)4 Second, it is possible many Texas cities will see an overaU net loss in sales tax revenues because there would no longer be a city sales taxes collected on goods shipped from incorporated areas to unincorporated areas. Third, the administrative costs of changing to a new system would be extremely high (La. - tracking which jurisdiction the sales tax should go to would be costly, inefficient and timely). POSITION · The City of North RichJand Hill strongly supports preserving point-of-origin sourcing for intrastate sales and point-of-destination sourcing for interstate sales~ · The City opposes any changes to sales tax sourcing laws. · The City supports the application of saJes taxes on applicable products and services purchased over the internet. 5 TELECOMMUNICATIONS & INFORMATION TECHNOLOGY BACKGROUND The existence of affordable and modern communications infrastructure is extremely important. Modern communications infrastructures have increased productivity! spurred economic development, and improved the quality of life. Communications and information technology have become essential to health care, social services, public safety, education and job traìning~ transportation and other lifeline services. However, by law, municipalities must be fairly compensated by the telecommunication and cable industries for the use of public rights-af-way. The underlying principal is that use of publicly-awned rights-ot-way is a privilege, not an entitlement Local governments aret in fact, legally obligated to control and charge for the use of rights-of- way. The Texas Constitution requires cities to receive fair market rental payments from private industries that use public land for thejr private gains4 Local governments must also maintain the rights-at-way to ensure the health and safety of their citizens4 This enables cities to minimize service disruptions to the public, protect public investment in the rights-at-way, and assures correct placement of service lines. It is important to note that during the 79th Texas Legislative Sessjont the Texas Legis1ature passed Senate Bill 5 which created a state-wide cabre franchise process and eliminated local cable franchises in Texas~ While Senate Bill 5 diminished local control, it included a 5°/0 franchise fee for the use of local rights-of-way, maintained local police powers over rights-of-waYt and authorized Public Educational and Governmental (PEG) channe]s (and continues financial support for PEG channeJs). During recent Congressional Sessions and~ most recentlYt at the Federal Communications Commission. attempts have been made by the telecommunications and cable industries to erode local control over the public rights-at-way. Specifically, severar biHs have been introduced that would negatively impact the ability of cities to physical1y manage their public lands and to receive adequate rental payments on behalf of their citizens. The recently adopted FCC Order regarding cable franchising also has the potential to negatively impact the hard fought compromise that the telecommunications industry and cities achieved in Texas, POSITION · The City of North Richland Hil[s urges Congress to exempt Texas from any cable/video franchise legislation or FCC Order. The City supports any Congressional proposal or FCC Order that recognizes Texas has adopted a uniform statewide franchising system and does not preempt the Texas lawr · The City opposes any legislation that will restrict the ability to manage our rights- of-way or that alJows rights-at-way users access without appropriate compensation to the City. 6 COMMUNITY DEVELOPMENT BLOCK GRANT BACKGROUND Providing quality neighborhoods and housing for all Americans by contin~ing successful programs such as the Community Development Block Grant (CDBG) is important to the City of North Rich1and Hills. CDBG successfully mobilizes resources~ addresses housing! community developmentt economic development, and physical infrastructure needs. COSG has become instrumental in helping older communities within major metropolitan regions address critical issues such as aging infrastructure, housing rehabilitation! and services to senior citizens. After 32 yearsr this program remains successful and continues to demonstrate a strong federal-local partnership that must be sustainedr Over the last two years, North Richland Hills has witnessed a decrease in CDSG funds. The City saw a 5°/0 reduction for Fisca] Year 2005 and approximately 100/0 less in FY 2006. CDBG funds are vital to the continued success of our neighborhood revitaUzation initiatives~ Last year, proposals were made to eliminate the COSG program and combine it into the UStrengthening America!s Communitiest' Grant. WhiJe CDBG managed to survive. funding for the program was cut significantly. CDBG funds have allowed the City of North Richland HiUs to improve street conditions in qualifying neighborhoods, institute a housing rehabilitation program, expand and improve senior center facilities, and enhance the Northeast Transportation Service (NETS), an on demand transportation service for senior and disabled residents. POSITION · The City of North Richland Hills supports the continuation of this program at current and/or increased levels~ as this program has been and will continue to be important in funding revitalization efforts within our community. · The City opposes any budget proposals that seek to combine, eliminate or reduce community development programs that have continually proven to be effective in redeveloping deteriorating areas of cities across the country. 7 ----... .- HOMELAND SECURITY BACKGROUND Since September 11, 2001 t North Richland Hills and many other local governments have taken on an even larger roll in providing for homeland security. Loca1 governments are the first level of government to respond to most disasters and emergencies and must be regarded as the focal point of all disaster mitjgation and recovery activities. In the devastating wake of Hurricanes Katrina and Rita~ the nation witnessed how local governments are the first level of government to respond and are the focal point of natural disasters. MiUions of evacuees from New Orleans Padsh and the Gulf Coast were left homeless and stranded far from their communities. Local governments across this nation took them in and provided food and shelter. Although funds have been appropriated as grants to first responders, the United States Congress has provided a re1atively small level of funding for programs needed for local homeland security priorities~ The federal government should provide increased funding directly to loca[ governments for home1and security, emergency and disaster preparedness as well as emergency response to alJow first responders the opportunity to efficienUy and effective1y secure grant dollars. The federal government should also provide more gujdance as to the specific roles and responsibilities of federal, state and local governments in responding to natural disasters and threats. POSITION · The City of North Richland Hills urges Congress and the Federal Government to provide more guidance as to specific roles and responsibilities between reve~s of government when responding to natural disasters and threats~ · The City of North Richland Hills supports an increase in direct federal funding to local governments for preparedness and response training, threat assessment) communication systems, public health systems and critical infrastructure protection. 8 ..--- -- ---- -- PUBLIC SAFETY & COLLECTIVE BARGAINING BACKGROUND During the 109th Congress federal 'egislation was proposed that would force states and local governments to recognize unions of police, fire, and other public safety personnel as bargaining agents in all 50 states. During the 79th Texas Legis1ative session similar legislation known as Meet and Confer (House Bill 204 and House Bill 2892) were passed into law. Meet and Confer allows a representative police or fire association in cities with a popu1ation of 50,000 or more1 to meet and confer on any issues related to their employment. This can only be initiated through a petition of the association with final authorization by the governing body or through a certified election. To pass a simiJar law at the federal leve1 would simply be a duplication of effort. Furthermoret this type of legislation would negate the labor protection laws of the states) labor agreements of states and municipalities) existing civil service systems and the North Richland Hills Personnel Procedures. The City believes that the federal government should not undermine municipal authority with respect to making fundamental employment decisions. The City also believes this is an issue best resolved at the state levelt not by our federal government. POSITION · North Richland HiUs opposes federa[ legislation which singles out a class of municipal employees to be provided special bargaining rights) and pre-empts investigative and disciplinary procedures that are already in place under civil service systems and the ~¡Meet and ConferÞ~ laws of Texas. 9 .---. IMMIGRATION REFORM BACKGROUND The increasing presence of the undocumented population presents a serious challenge to municipal governments because of its escalating impact on local budgets~ service delivery, and community life. The City of North Rich1and Hills recognizes that this is a top legislative priority for Congress in 2007. The City of North Richland Hills believes immigration reform should be addressed in a comprehensive and thoughtful manneL In late 2005 House Resolution (H.R.) 4437 passed the House of Representatives which addressed the issue in a piecemeal fashion. The House bill includes several provisions that violate the principals of federalism and places burdensome unfunded federal mandates on iocal governments. Local law enforcement agents should not be mandated to enforce civil immigration laws because this would violate the principals of federalism and divert local personnel from their primary duty to protect the genera' publìc~ The City of North Richland Hills strongly concurs and also supports, a[ong with the NLC, streamlined and acceptable guest worker programs that enable businesses to hire foreign workers in order to meet economic demands. In recent years municipalities have become the main service providers to immigrant famiJies. The federal government shou1d assist local governments to provide healthcare, education and social services to these new workers. POSITION · The City of North Richland Hills supports comprehensive immigration reform legislation that addresses border security and interior enforcement at the federal level of government The City opposes any proposal that would mandate municipal enforcement of federal immigration laws. 10 CONTACTS City of North Richland Hills 7301 NE Loop 820 P.O. Box 820609 North R1chland HilIs1 Texas 76180 (817) 427-6000 Fax: (817) 427..6016 http://www.nrhtx.com Larry J. Cunningham City Manager (817) 427-6007 Email: Icunningham@nrhtx.com Karen Bostic ** Managing Director - Administrative/Fiscal Services (817) 427-6005 Email: kbostic@nrhhccom Mayor and City Council Oscar Trevino, Mayor John H. Lewis - Mayor Pro Tem Ken Sapp - Place 2 Suzy Compton ~ Place 3 Dr. Tim Barth - Place 4 David Whitson - Place 5 Scott Turnage - Place 6 Tim Welch ~ Place 7 "** Karen Bostic is the primary legislative contact for Norlh Rich/and HiJJs 11 CITY OF NORTH RICHLAND HILLS Department: Support Services Presented by: L KooncelT Powell Council Meeting Date: 1-22-2007 Agenda No. F.3 Subject: GN 2007-009 Reject Bids for Access Control System at New Library Bids were solicited for the access control, closed caption television (CCTV), and security systems at the new Library. A pre-bid meeting was held with 14 vendors attending. Each system was a separate bid package and the vendors were instructed to submit their bids in separate envelopes. Some vendors were not bidding on all three systems. For the bid opening most of the vendors put all their bids in the same envelope and there was no way to tell which system they were bidding on. When the bids were opened, only two vendors submitted bids for the access control system. See results below. Siemens I nterface Security $26,950 $34,223 Four bids each were received on the CCTV and security systems. These bids were less than $25,000 each. Some of the vendors that could have bid on the access control system stated their current work load before the end of the year prevented them from bidding. In comparing the two bids Interface Security stated their bid was higher because they did not carefully read the specifications and included items being furnished by the general contractor. With only two bids submitted and the second bid being higher than it should be, it is recommended to reject the bids for the access control system and re-bid the project. Recommendation: Reject bids for the access control system at the new Library. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 1-22-2007 Agenda No. F.4 Subject: GN 2007-012 Appointment to Substandard Building Board - Place 2 Place 2 on the Substandard Building Board is currently vacant. Councilman Sapp is recommending the appointment of Thomas Moreau to fill the unexpired term. Mr. Moreau lives in the north-eastern quadrant of the City. Recommendation: To consider the appointment of Mr. Thomas Moreau to Place 2 on the Substandard Building Board, term expiring 6/30/2008. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilwoman Suzy Compton Council Meeting Date: 1-22-2007 Agenda No. F.5 Subject: INFORMATION AND REPORTS - Councilwoman Compton An nou n cem ents The North Richland Hills Fire Department is now offering classes each month in CPR and the use of Automated External Defibrillators. Upcoming classes are scheduled from 1 to 5 p.m. on Wednesday, January 24th and Saturday, February 10th. The cost is $25 per person. For more information, please call 817-427-6900. The Neighborhood Services Department is holding a LitterNot cleanup event from 1 to 5 p.m. on Saturday, January 27th. 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. The North Richland Hills Parks and Recreation Department will host its 16th Annual DaddylDaughter Valentine Dance from 7 to 9 p.m. on Satu rday, February 10th at the BISD Fine ArtslAthletic Complex. For additional details, please call 817-427-6600. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Officer Matt Jackson, Police Department A call was received from a resident expressing gratitude and thanks to Officer Jackson for assisting her handicapped nephew with changing a flat tire. Officer Jackson saw that they were having trouble and stopped to see if he could help. He even carried the spare tire to a service station for air, since it was nearly flat as well. The resident said Officer Jackson's "attitude was one of the best she had ever witnessed in a police officer. II Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 1-22-2007 Agenda No. F.6