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HomeMy WebLinkAboutCC 2007-10-22 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE - COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 22, 2007 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2007 -114 Presentation of Proposed Sign Ordinance Revisions by City Council Focus Group (25 Minutes) A.3 IR 2007 -120 Report Concerning Revisions that FEMA is Making to their Floodplain Maps (20 Minutes) A.4 IR 2007 -117 Discussion Regarding Current Weekend Food Vendor Regulations (10 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Sec. 551.072, Texas Government Code to deliberate the purchase of real property at 5101 Cummings Drive C.0 Adjournment C ertificatinn I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 19, 2007 at V r A si st an ft qty Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. October 22, 2007 — Agenda Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 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: • Library on the Friday prior to the meeting (available electronically) • City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ----------------------------------------------- - - - - -- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) - Proclamation 2007 Red Ribbon Week presented by Mayor Pro Tern Compton A.4 Special Presentation(s) and Recognition(s) - Recognition of Neighborhood Initiative Program Donors presented by Councilman Welch A.5 Special Presentation(s) and Recognitions(s) - Presidential Volunteer Service Awards for Humane Division Volunteers presented by Councilman Lewis A.6 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.7 Removal of Item(s) from Consent Agenda October 22, 2007 — Agenda Page 2 of 4 B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of October 8, 2007 City Council Meeting B.2 PU 2007 -052 Award Bid No. 07 -1398 for the Little Bear Creek Dredging Project to Hydromulch Services in the amount of $106,105. C.0 PUBLIC HEARINGS C.1 GN 2007 -092 Public Hearing and Action on Enactment of Section 74 -38 of the Code of Ordinances providing for Taxation of Goods in Transit as authorized by HB 621 - Ordinance No. 2960 C.2 GN 2007 -093 Authorize City Manager to Execute an North Central Texas Council of Governments relative Richland Hills' intention to not allow the Ad Valorem transit" pursuant to Texas Tax Code, Section 11.253 - item is not a public hearing but related to Item C.1) D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS Interlocal Agreement with the to expressing the City of North Tax Exemption for "goods -in- Resolution No. 2007 -060 (This E.1 PW 2007 -019 Award of Bid No. 07 -1407 in the Amount of $332,054.50 for the Construction of the Grand Avenue (Parker Boulevard to HealthMarkets) Project and Amend the 2007 -2008 Capital Projects Budget- Resolution No. 2007 -062 E.2 PW 2007 -020 Approve Engineering Agreement with DeOtte, Inc. for an Amount of $68,000 for the Design of the Iron House Golf Course Drainage Improvement project which includes the update to the Golf Course Drainage Master Plan. - Resolution No. 2007 -063 F.0 GENERAL ITEMS F.1 GN 2007 -094 Amend Agreement for Mineral Lease of Northfield Park to include an additional 20.639 acres - Resolution No. 2007 -061 October 22, 2007 — Agenda Page 3 of 4 F.2 GN 2007 -096 Support Statewide Proposition 12 - Resolution No. 2007 -064 F.3 GN 2007 -095 Appointments to Naming Board F.4 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda F.5 INFORMATION AND REPORTS - Councilman Turnage F.6 Adjournment All items on the agenda are for discussion and /or action. C P.rtifirn inn I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 19, 2007 at 0LIM d �d' kc A sis ant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. October 22, 2007 — Agenda Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, October 22, 2007 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2007-114 Presentation of Proposed Siqn Ordinance Revisions by City Council Focus Group (25 Minutes) A.3 IR 2007-120 Report Concerning Revisions that FEMA is Making to their Floodplain Maps (20 Minutes A.4 IR 2007-117 Discussion Regarding Current Weekend Food Vendor Regulations (10 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Sec. 551.072, Texas Government Code to deliberate the purchase of real property at 5101 Cummings Drive C.0 Adjournment CITY OF INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007 -114 Date: October 2, 2007 4p Subject: Presentation of Proposed Sign Ordinance Revisions by Sign Focus Group During the past year City Staff has compiled a list of issues and requests for signs that need consideration and Council direction for potential revisions to the Sign Ordinance. It is felt that the major foundation and objectives of the Sign Ordinance are still relevant to Council goals and ideals, but some modifications need to be reviewed to consider possible updating. With this in mind, the Sign Focus Group was requested to review these issues and requests similar to the Sign Ordinance Revisions that were adopted in December, 2006. The Sign Focus Group is made up of Councilman Scott Turnage, Mayor Pro Tern Suzy Compton, and Kathy Luppy, Chairperson of the Keep NRH Beautiful Committee. The Sign Focus Group has met three times in September and early October to review specific sign requests and receive input from staff on potential issues and concerns. All recommended changes are the result of either specific requests or issues that have arisen since the last sign ordinance update. Please see the below list of requests and issues that brought about each recommendation. Additional Development Signs — request from Home Town Banner Signs in multifamily front yards — request by apartment complexes Electronic message boards — request from Fort Worth Christian School Interior Directional Signs — staff concerns over proper enforcement Political Signs — staff concerns over proper enforcement Vehicle Advertising setbacks — general aesthetic concerns by citizens and City Council since last sign update Works of Art — new art objects being displayed in city created need for definitions We also had requests from two Councilmembers and the Mayor to review some of the sign matters listed above. The Sign Focus Group considered each request and is presenting the following recommendations to the City Council as a whole to get consensus on moving forward with formal sign ordinance revisions. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � Following is an outline of specific recommended changes under each of the primary objectives established by the Sign Focus Group: A. Identification of Local Businesses and Civic Organizations • Consider additional temporary new development signs for residential and mixed use developments greater than 100 acres (accommodates current and future major developments within the city) • Consider allowing temporary banner signs to be placed in the front yard setback for multifamily complexes (allows for more effective temporary signs for apartment complexes) • Consider allowing electronic message boards on monument signs for schools and churches (allows for effective civic and non - profit announcements) B. Traffic Safety • Consider setbacks for interior directional signs in large centers (establishes distinction of interior signage from primary traffic directional signs in large centers) C. Conform to State and Federal laws (No recommended changes) D. Removal of Illegal and Obsolete Signs • Consider notice in Sign Ordinance that political signs placed illegally in the public right of way may be removed without notice. (establishes clear enforcement of illegally placed political signs) E. Promoting an Attractive Community • Vehicle Advertising - Consider requiring vehicles and trailers with display advertising to be stored at least 65 feet from a public right of way. Recommending exception for vehicles and trailers that are available for lease as part of the business' primary operation shall be allowed to park no closer than 15 feet from a freeway or primary arterial right of way. (clears roadway visibility and cluttered signs from the traveling public and encourages focus on permanent pole, monument and wall signs for business advertising) • Works of Art - Consider promoting artistic, historical and nostalgic objects and images and works of art. Recommending not requiring a permit but must be in relative scale and context to property. Artistic plans to be reviewed by Sign Review Committee with appeal to Sign Review Board. (allows and encourages works of art throughout city) Scott Turnage, the Chair of the Sign Focus Group, will be making a presentation at the Council work session regarding the proposed sign ordinance revisions. Please see attached presentation. If City Council believes these are desirable to consider, this item will be brought back as an action item with an ordinance revision for formal consideration at the November 12, 2007 regular session. The proposed sign ordinance revisions involve changes to Chapter 106 of the Code of Ordinances and do not require public hearings. Respectfully submitted, John Pitstick Director of Planning & Development Proposed Sign Ordinance Amendments by Sign Focus Group October 22, 2007 Sign Focus Group Scott Turnage, Council Place fi, Focus Group Chair Suzy Compton, Council Place 3 Kathy Luppy, Chairperson, Keep NRH Beautiful Primary Objectives ■ Identification of local businesses and civic organizations ■ Enhance traffic safety ■ Conform to state and federal laws ■ Efficient enforcement and removal of illegal and obsolete signs ■ Promote an attractive community Focus Group Meeting Dates ■ September 11, 2007 {initial review and scope} ■ September 26, 2007 (review of recommendations) ■ October 1, 2007 (summary and review presentation ■ October 22, 2007 (work session presentation to City Council) November 12,2007 (final ordinance consideration before City Council) A . Identification of Local Businesses & Civic Organizations ■ Consider allowing additional temporary New Development Signs for developments greater than 100 acres. Request by Home Town Accommodates current and future major developments within city New Development Signs a NOO A . Identification of Local Businesses & Civic Organizations ■ Consider allowing temporary Banner Signs to be placed in the front yard setback for Multifamily Complexes Request by apartment complexes Allows for more effective temporary signs for all apartment complexes t Banner Signs i4 i. �+ 3 - MkIl- I- I a h +y �s A . Identification of Local Businesses & Civic Organizations ■ Consider allowing Electronic Message Boards within monument signs for churches and schools Request by Fort Worth Christian School Lj Allows for effective city -wide civic and non- profit announcements Example of Monument Sign for Schools a tk o�p BIROVItIE HIGH SCHOOL 60 HAWKS Monument Sign for Churches Electronic Message Board (example) �; `� .. ..�� Eft: E�.,, �..� lis�� �i ��•'•�� .�u..�i. T„ °`' ► �� '•i� .#�. �i"r• �c�f: �':�s �i• �i4 •i»i� -spa• Electronic Message Board (example) '4? •;? R i ,.r,. a �.,,s ma,c , a. neA Typical Monument Sign OP 4t Awl* t ax J6 V I I j"vA IN OP Off Freeway Electronic Message Board Standards ■ Only non - profit public and private schools and churches ■ Only allowed as part of a Monument Sign {surrounded by masonry and landscaped} ■ 1/3 of sign area for static sign ■ 2/3 of sign area for electronic message ■ Only allow Amber lights with black background ■ No scrolling or movement (only static display) ■ Minimum of 15 second refresh rate B. Traffic Safety • Consider requiring a 30 foot setback for interior directional signs for large centers. ■Staff enforcement issue ■Establishes distinction of interior signs from primary traffic directional signs Interior Directional Signs jr A.4 if's WL WL C. Conform to State and Federal Laws (No recommended changes to ordinance) D. Removal of Illegal and obsolete Signs ■ Consider adding statement in Political Sign section stating that political signs placed in the public right of way in violation of this chapter may be removed without notice. Staff enforcement issue Establishes clear enforcement of illegally placed political signs Political Signs .41, Al JAI I E. Promoting an Attractive Community ■ Vehicle Advertising - Consider requiring vehicles and trailers with advertising to be setback at least 65 feet from a public right of way ■ Recommend exempting vehicles and trailers available for lease as part of business' primary operation; 15 foot setback from freeways and primary arterials. Li General concerns by public since last sign update Clears roadway visibility and encourages focus on primary pole, monument and wall signs Vehicle Advertising Na" E. Promoting an Attractive Community ■ Consider promoting Artistic, historical, nostalgic objects and images and Works of Art. Li No permit required Li Must be in relative scale and context to property Cannot promote an onsite product, good or service Li Plans reviewed by sign Review committee Appealable to Sign Review Board Initiated by new works of art being displayed Li Allows and encourages works of art throughout city Works of Art 14, V'i Proposed Sign Ordinance Amendments Questions ? INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007 -120 Date: October 22, 2007 Y.. Subject: Report Concerning Revisions that FEMA is Making to their Floodplain Maps The Federal Emergency Management Agency (FEMA) is currently in the process of a nationwide conversion of existing Flood Insurance Rate Maps (FIRMs) into Digital Flood Insurance Rate Maps (DFIRMs). This process is known as Map Modernization. The flood map modernization has been a multi -year project to re- examine flood zones and develop detailed, digital flood hazard maps. FEMA recently released revised preliminary DFIRMs for public review in the City of North Richland Hills. The newly issued preliminary maps reflect current flood risks and areas of recent growth. It is important to note that the calculated flood levels (based on extensive hydraulic modeling) in the City of North Richland Hills are not chang nq with the issuance of the maps. Rather, more accurate survey information is allowing FEMA to show the limits of the floodplain more accurately than ever before. In other words, properties which are now shown on the map to be within the floodplain were actually always within the floodplain. No physical features have changed which adversely impacted the properties and caused the shift in floodplain limits. The acquisition of better data revealed that the existing maps, some of which are up to 12 years old, were not correct. The risk of flooding was always there; FEMA is now making the public aware of it. FEMA's 90 -day Appeal Period for the preliminary maps in Tarrant County began on September 20, 2007. In an effort to better disseminate FEMA's update, Public Works staff members will be notifying all affected property owners of the change. The preliminary maps will be made available electronically on the website to allow any interested parties to view the changes. As always, citizens are welcome to meet with engineering staff members to view the maps and ask questions. It is important to note that while the 90 -day period is called an "appeal" period, since no flood levels are changing within North Richland Hills, FEMA is not accepting appeals in our city. They are accepting comments from anyone wishing to technically dispute the information on the maps. Public Works staff will provide Council a presentation during the October 22, 2007 Work Session on this issue and be available for questions. Respectfully Submitted, Mike Curtis Director of Public Works ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007 -117 Date: October 22, 2007 Subject: Discussion Regarding Current Weekend Food Vendor Regulations It was recently brought to our attention that some Texas cities (Austin & Forth Worth specifically) are experiencing a significant increase in the number of mobile and weekend food vendors such as taco trucks, ice cream trucks, hot dog and hamburger stands. While North Richland Hills has not seen an increase in this type of activity yet, there is a possibility that we could also see an increase in the future. Staff feels confident that we have a good enforcement procedure in place for Temporary Events and Mobile Food Vendors and how they are currently regulated. However, we felt it was appropriate to review our ordinances pertaining to Weekend Food Vendors to determine if our current regulations of these types of food vendors are sufficient, or if additional regulation is desired. Staff will give a short power point presentation that will review our current regulations and definitions for Weekend Food Vendors, Mobile Food Units, and Temporary Food Vendors. We will show examples of the proliferation of mobile food units throughout the Fort Worth area and we will provide information on how our current ordinances compare to other cities. As we reviewed our current ordinance as it relates to Weekend Food Vendors and the requirements associated with them, it was determined that under our current ordinance, our city could potentially have 140+ weekend food vendors located throughout our community. Currently, any single business or single group of contiguous businesses with a minimum of 10,000 square feet of building space and zoned retail, commercial or industrial could apply for a weekend food vendor permit. We examined some ideas as to how to improve the NRH ordinance to avoid the proliferation of weekend and temporary food vendors throughout the City, but also be sure that we keep the original intent of the ordinance in tact that will allow such food vendors to operate at specified locations. Some ideas for Council's consideration are as follows: Option #1 1. Removing any reference to a "sin-gle ,group of contiguous businesses." 2. Removing "Industrial" zoned properties as an acceptable location and ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS 3. Increasing the building square footage requirement from 10,000 square feet to 100,000 square feet of mandatory building space per business wanting a weekend food vendor on their site. This option would allow approximately 14 potential weekend food vendors to operate in our City. Option #2 1. Removing any reference to a "single group of contiguous businesses." 2. Removing "Industrial" zoned properties as an acceptable location and allowing weekend food vendors to only operate on properties with approved land uses for commercial or retail. 3. Increasing the building square footage requirement from 10,000 square feet to 50,000 square feet of mandatory building space per business wanting a weekend food vendor on their site. This option would allow approximately 35 potential weekend food vendors to operate in our City. Staff would like direction from City Council on whether to leave the current ordinance as is, which could allow potentially 140+ weekend food vendors in our city today, or look at other options to reduce the number of potential weekend food vendors, such as the 2 options presented above. Respectfully Submitted, Jo Ann Stout Director of Neighborhood Services CITY OF CITY OF CITY OF 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, October 22, 2007 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) - Proclamation 2007 Red Ribbon Week presented by Mayor Pro Tem Compton A.4 Special Presentation(s) and Recognition(s) - Recognition of Neighborhood Initiative Program Donors presented by Councilman Welch A.5 Special Presentation(s) and Recognitions(s) - Presidential Volunteer Service Awards for Humane Division Volunteers presented by Councilman Lewis A.6 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.7 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of October 8, 2007 City Council Meeting B.2 PU 2007 -052 Award Bid No. 07 -1398 for the Little Bear Creek Dredging Project to Hydromulch Services in the amount of $106,105. C.0 PUBLIC HEARINGS C. 1 GN 2007-092 Public Hearing and Action on Enactment of Section 74-38 of the Code of Ordinances providing for Taxation of Goods in Transit as authori HB 621 - Ordinance No. 2960 C.2 GN 2007-093 Authorize Citv Manaaer to Execute an Interlocal Aareement with the North Central Texas Council of Governments relative to expressing the City of North Richland Hills' intention to not allow the Ad Valorem Tax Exemp ion for "goods-in-transit" pursuant to Texas Tax Code, Section 11.253 - Resolution No. 2007-060 (This item is not a public hearing but related to Item D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E1 PW 2007-019 Award of Bid No. 07-1407 in the Amount of $332,054.50 for the Construction of the Grand Avenue (Parker Boulevard to HealthMarkets) Project and Amend the 2007-200 ital Prooects Budget- Resolution No. 2007-062 E.2 PVV 2007-020 Aoorove Enaineehna AqreernentwiLh DeCtLe. Inc. for an Amount of $68,000 for the Design of the Iron House Golf Course Drainage Improvement promect which includes the update to the Golf Course Drainage Master Plan. Resolution No. 2007-063 F.0 GENERAL ITEMS F.1 GN 2007-094 Amend Agreement for Mineral Lease of Northfield Park to include an additional 20.639 acres - Resolution No. 2007-061 F.2 GN 2007-096 Support Statewide Proposition 12 - Resolution No. 2007-064 F.3 GN 2007-095 App intments to Naming Board F.4 Action on AnV Item Discussed in Executive Session Listed on Work Session Agenda F.5 INFORMATION AND REPORTS - Councilman Turnage F.8 Adiournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -22 -2007 Presented by: Agenda No. A.0 Subject: Call to Order - Mayor Trevino CITY OF CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -22 -2007 Presented by: Agenda No. A.2 Subject: Pledge - Councilman Whitson CITY OF MRH CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, abuse of alcohol and other drugs has reached epidemic stages in the United States; and WHEREAS, it is imperative that community members launch visible substance abuse prevention education efforts to reduce the demand for drugs; and WHEREAS, the City of North Richland Hills and Birdville Independent School District are coordinating our community's Red Ribbon Campaign to offer our citizens the opportunity to demonstrate their commitment to alcohol, tobacco and illegal drug and violence prevention; and WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations, youth, medical providers, senior citizens, military, sports teams, and individuals will demonstrate their commitment to drug -free, healthy lifestyles by wearing and displaying red ribbons during this week -long campaign; and WHEREAS, the City of North Richland Hills further commits its resources to ensure the success of the Red Ribbon Campaign; NOW, THEREFORE, BE IT RESOVED, that I Oscar Trevino, Mayor of the City of North Richland Hills do hereby proclaim October 22 — October 31, 2007 as "RED RIBBON WEEK" and encourage the citizens to participate in alcohol, tobacco and illegal drug and violence prevention activities and events, making a visible statement that we are committed to creating safe and caring environments for every child to grow up in. BE IT FURTHER RESOLVED, that the City of North Richland Hills encourages all citizens to pledge, "NO USE OF ILLEGAL DRUGS, NO ILLEGAL USE OF LEGAL DRUGS." IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 22nd day of October 2007. Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Council Meeting Date: 10 -22 -2007 Presented by: Debbie York/Councilman Tim Welch Agenda No. A.4 Subject: Special Presentation(s) and Recognition(s) - Recognition of Neighborhood Initiative Program Donors presented by Councilman Welch Tonight the Neighborhood Services Department would like to recognize the businesses and individuals who have helped make the Neighborhood Initiative Program a success. In 2007, 69 projects have been completed by volunteers. The monetary and service donations of the following businesses made those projects possible. Platinum Level (Donation of $500.00 or more Huggins Honda J. Davis Tree Service John Kelly Brittian LIFE Church North Richland Hills Baptist Church Richland Hills Church of Christ Phifer & Associates, Inc. Sam's Club Texroots Tyson Foods, Inc. Gold Level (Donation of $250 to $499.001 Hamilton Duffy, P.C. Silver Level (Donation of $100 to $249) Archie's Donuts Hunan Wok Chinese Restaurant, Inc. North Hills Family Practice Dolores Webb, State Farm Insurance Companies Bronze Level (Donation of $99.00 or Less QuikTrip Corporation CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Council Meeting Date: 10 -22 -2007 Presented by: Chun Mezger /Councilman John Lewis Agenda No. A.5 Subject: Special Presentation(s) and Recognitions(s) - Presidential Volunteer Service Awards for Humane Division Volunteers presented by Councilman Lewis The Presidential Volunteer Service Award Program thanks and honors Americans who inspire other to engage in volunteer service. Bronze Level (100 to 249 hours of Service Sue Keigley (103 hours of service) Silver Level (250 to 499 hours of Service) Mary Byrd (465 hours of service) Gold Level (500 or more hours of Servicel Rachelle Jones (1,534 hours of service) These three (3) people along with other volunteers are vital to the City of N.R.H. They dedicate many, many hours to assist staff wherever they are needed and we would like to recognize them in this small, but heartfelt manner. Respectfully Submitted, Joann Stout Director of Neighborhood Services. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -22 -2007 Presented by: Agenda No. A.6 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Removal of Item(s) from Consent Agenda Council Meeting Date: 10 -22 -2007 Agenda No. A.7 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -22 -2007 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -22 -2007 Presented by: Agenda No. B.1 Subject: Approval of Minutes of October 8, 2007 City Council Meeting Recommendation: To approve the minutes of the October 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 — OCTOBER 8, 2007 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 8th day of October, 2007 at 5:30 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Suzy Compton Mayor Pro Tem, Council Place 3 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Jim Starr Interim Assistant City Manager Ogden Bo Bass Assistant City Manager Karen Bostic Managing Director Administrative /Fiscal Services Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Jimmy Perdue Police Chief Kyle Spooner Information Services Director Larry Koonce Finance Director Laury Fiorello Assistant Finance Director Mike Curtis Public Works Director Greg VanNeiuwenhuize Assistant Public Works Director JoAnn Stout Neighborhood Services Director Jamie Brockway Purchasing Manager Bill Thornton Assistant Parks Director Eric Wilhite Chief Planner Call to Order Mayor Trevino called the work session to order at 5:30 p.m. A.1 Discuss Items from Regular City Council Meeting There were no items discussed. Mr. Larry Koonce, Director of Finance, introduced to the Council the City's new Assistant Director of Finance, Ms. Laury Fiorello. A.2 I R 2007 -115 Solid Waste Contract Proposals Ms. Karen Bostic, Managing Director, presented a PowerPoint presentation highlighting the proposals for the solid waste contract. The City's current contract expires January 31, 2008. The consensus of Council in March was to issue requests for proposals instead of renegotiating with Allied Waste for a new contract. Proposals were issued on July 30, 2007. The City received proposals from five companies with 13 options. Proposals were received from Allied Waste Services, Community Waste Disposal, IESI, Waste Management and Republic Waste Services of Texas. A staff committee has reviewed the proposals and the committee interviewed the companies submitting the top three proposals. Ms. Bostic reviewed the current service level and discussed the analysis of the three proposals focused on by the committee. Every proposal increased rates for both residential and commercial service over the existing contract. Alternative services were offered by the companies that included 4 day /week service, use of polycarts for discounted rates, limitation on brush pickup, recycling picked up on non - trash days. Ms. Bostic requested Council direction on the following: 1) Is Council only interested in a contract that has identical service levels as the existing contract (Mon /Thu take -all); 2) Would Council consider a service of more than two residential collection days a week (4 or 5 pick up days); 3) Would Council consider annual rate adjustments tied to the DFW CPI or possibly a fuel adjustment versus no rate change for the 5 year contract; and 4) Would Council consider automated collection containers ( polycarts) within the City with only once per week pick up? After discussion by Council, the Council advised that they were interested in a contract with service levels the same as the existing contract, but would be open to considering a four -day service, splitting pick -up of the City in half. Council advised that they were not interested in the use of polycarts. Council felt that the price ratio should be fair for both commercial and residential and should not vary too much from the current ratio. The Council was not in favor of five pick up days in the City and wanted recycle pickup to be the same day as one of the trash pickups. Council preferred rate adjustments be tied to the DFW CPI and they were not in favor of adjustments related to formulas. Council was also interested in including the favored nation clause that is in the current contract. Council also asked Staff to find out if the companies are working with the Council of Governments on air quality making clean burning emissions on their trucks, and if not, Council wanted it included as one of the requirements. A.3 IR 2007 -116 Review of Parks Contract Mowing Program Mr. Bill Thornton, Assistant Parks Director, presented a PowerPoint presentation reviewing the Parks Mowing Program. A pilot program for outsourcing general parks mowing began in May 2005 with the execution of a contract with VMC Landscape Services. The contract included an option to renew for two one -year periods with the first renewal occurring in September 2006. The contract allowed for renewal requests to be submitted with price changes in accordance with the local Consumer Price Index for the preceding 12 months. In August 2007, VMC Landscape requested a ten percent increase which exceeded the local CPI and could not be accommodated under the terms of the current contract. Staff began to explore and evaluate the following options: 1) resume mowing services "In- House" as prior to implementation of the pilot program; 2) continue Contract Mowing Program and issue bids for a new contract; and 3) create an In -House Seasonal Mowing Program. Mr. Thornton discussed Staff's evaluation of the first option. Mr. Gary Bechthold, Parks Superintendent, discussed Staff's assessment of continuing the Contract Mowing Program. Council was advised that based on Staff's assessment of the success of the current program, the following revisions were included in the new mowing contract: 1) language requiring missed cycles due to weather be made up the very next possible day; 2) divided the city into two mowing districts to encourage competition; 3) five one -year renewal periods; and 4) assigned mowing days for each facility — Neighborhood Parks on Thursday, Friday and Municipal Buildings on Monday, Tuesday. Mr. Thornton advised that bids were received in September for a new mowing contract and after evaluation of the bids, VMC Landscape was the low bidder. Council was advised that key aspects of continuing the program included a savings to the City as demonstrated in the current bid calculations and evaluation, no additional capital outlay for mowing equipment, no additional allocation for personnel to perform mowing tasks, limits the City's personal and property liability and allows the City to focus on higher level of service in other areas. Staff also looked at creating an In -House Seasonal Mowing program which would require the hiring of a full time mowing supervisor and the employment of part -time labor for the 36 week mowing season at an estimated cost of approximately $294,000. Mr. Thornton discussed key considerations for an In -House Seasonal Mowing Program and the budget implications for all three of the options. Council was advised that Staff is recommending the continuation of the General Parks Mowing Program. Council discussed some of the complaints they had received regarding VMC's performance to quality. Mr. Thornton advised that many of the issues were driven by the past year's wet weather and that Staff has make revisions to the contract language to help streamline the contract's management. Council indicated that they were in favor of the new contract and formal action was taken during the regular Council meeting. A.4 Adjournment Mayor Trevino announced at 6:26 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order October 8, 2007 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Suzy Compton John Lewis Ken Sapp Tim Barth David Whitson Scott Turnage Tim Welch Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson George Staples Mayor Mayor Pro Tem, Council Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager City Secretary Attorney A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) None. A.4 CITIZENS PRESENTATION Mrs. Laverne O'Steen, 8429 Emerald Circle, spoke on her concerns with Block 1, Lot 40 Emerald Lakes Addition drainage easement. Mrs. O'Steen read an excerpt on liability of a municipality and presented a picture that she had shown previously to the Council of Block 1, Lot 40 drainage easement. Mayor Trevino asked Attorney Staples to address Mrs. O'Steen's liability statement. Attorney Staples advised that Mrs. O'Steen was reading from Chapter 101 of Texas Civil Practices and Remedies Code and she referred specifically to sanitary sewer, which this is not. In this particular situation the City is not concerned with a liability situation; there is no known danger to human life and property damage is not covered. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Welch removed Consent Agenda Item B.5. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF SEPTEMBER 24, 2007 CITY COUNCIL MEETING B.2 RP 2007 -08 CONSIDERATION OF A REQUEST FROM DOUG SLUITER OF GATEWAY CHURCH TO APPROVE A REPLAT OF LOT AR, BLOCK 6 AND TRACT 2131A, ABSTRACT 146 INTO LOT 4R, BLOCK 6, CRESTWOOD ESTATES ADDITION FOR THE NRH CAMPUS OF GATEWAY CHURCH B.3 FP 2007 -10 CONSIDERATION OF A REQUEST FROM JIM MAKENS TO APPROVE A FINAL PLAT OF LOT 4, BLOCK 1, GIBSON ADDITION (LOCATED IN THE 8700 BLOCK OF PRECINCT LINE ROAD - 1.12 ACRES) B.4 FP 2007 -07 CONSIDERATION OF A REQUEST FROM CLIFF HARRIS OF CLIFFORD LAND COMPANY TO APPROVE A FINAL PLAT OF LOTS 1-41 BLOCK A, LOTS1 -3, BLOCK B, AND LOTS 1A -3, BLOCK C, BRIAR POINTE VILLAS ADDITION (LOCATED AT MAIN STREET AND AMUNDSON DRIVE - 1.590 ACRES) B.5 REMOVED B.6 PU 2007 -042 AUTHORIZE THE PURCHASE FOR THE POLICE DEPARTMENT DICTAPHONE RECORDING EQUIPMENT FROM MYNAVOICE EQUIPMENT IN THE AMOUNT OF $46,616.00 B.7 PU 2007 -048 AUTHORIZE PURCHASE OF CISCO NETWORK FIREWALLS FROM INX, INC. IN THE AMOUNT OF $39,999.32 B.8 PU 2007 -050 AUTHORIZE PURCHASE OF RADIOS FROM MOTOROLA FOR THE POLICE DEPARTMENT IN THE AMOUNT OF $36,178.29 COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. B.5. FP 2007 -11 CONSIDERATION OF A REQUEST FROM BOB WYATT TO APPROVE A FINAL PLAT OF LOT 8, BLOCK 3, WOODBERT ADDITION (LOCATED AT 8120 SAYERS LANE - 2.0 ACRES) APPROVED Mayor Trevino announced that Councilman Welch was the engineer on record for the project and would be abstaining from discussion and vote. An affidavit of disqualification has been completed by Councilman Welch and filed with the City Secretary stating the nature of the interest was Engineer of Record for Project. COUNCILMAN SAPP MOVED TO APPROVE FP 2007 -11. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0; COUNCILMAN WELCH ABSTAINING. PUBLIC HEARINGS CA RP 2006 -14 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JON WESTROM OF WESTROM AND WALLING DEVELOPERS TO APPROVE A REPLAT OF LOT 11A, BLOCK 6 INTO LOTS 11 R1 -11 R23, BLOCK 6, CRESTWOOD ESTATES ADDITION (LOCATED IN THE 8200 BLOCK OF STARNES ROAD - 3.673 ACRES APPROVED Mayor Trevino opened the Public Hearing. Mr. Jon Westrom, Westrom and Walling Developers, presented his request for a replat of 3.673 acres. The project was zoned for RI -PD Residential Infill — Planned Development in January and is located on Starnes Road west of Davis Boulevard behind the future North Richland Hills Gateway Church campus. Mr. Westrom explained the development would consist of 18 single - family lots with four open space lots and a private street. Mr. Westrom advised that a note had been added to the final plat, as well as the HOA documents, requiring front yard trash service. Mr. Eric Wilhite, Chief Planner, presented the request, staff recommendations and the recommendations of the Planning & Zoning Commission. Staff and the Planning and Zoning Commission recommend the replat for approval. Councilman Whitson asked Staff to verify that the drainage issues had been addressed. Mr. VanNeiuwenhuize, Assistant Public Works Director, verified that the majority of the subdivision drains to the north and does not drain to the west, but to the east. Mayor Trevino called for anyone wishing to speak against the request. Ms. Martha Bertram, 7400 Forrest Lane, was concerned that the winding sidewalks would eliminate some of the trees and requested that the trees be preserved. Mayor Trevino called for anyone wishing to speak in favor of the request. There being no one else wishing to speak, Mayor Trevino closed the public hearing. Mayor Trevino asked Mr. Wilhite to address Ms. Bertram Is concerns with the trees. Mr. Wilhite advised that when plans are submitted for the masonry screening walls, they would work around the trees. The intent of the meandering sidewalk is to wind around the trees in order to preserve them. The developer included the trees as part of the RI- PD and Staff is working with the developer to insure there will be a minimal impact to the trees. COUNCILMAN WELCH MOVED TO APPROVE RP 2006 -14 AND ALSO INCLUDE THE LANGUAGE THAT THE DEVELOPER TAKES ALL EXTREME CARE TO PRESERVE THE TREES DURING THE DEVELOPMENT. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.2 SUP 2007 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TEVIA DAVIS OF RACETRAC PETROLEUM TO APPROVE A SPECIAL USE PERMIT AND PUBLIC HEARING FOR A LANDSCAPE VARIANCE AT 5640 RUFE SNOW DRIVE - ORDINANCE NO. 2955 APPROVED Mayor Trevino announced that for this item the City Council was also sitting as the Landscape Review Board and opened the Public Hearing. Mr. Tom Hoover, 1361 West Euless Boulevard, Euless, Thomas Hoover Engineering, presented the request of RaceTrac Petroleum at 5640 Rufe Snow Drive for a Special Use Permit and Landscape Variance. Mr. Hoover explained RaceTrac is expanding the parking and vehicle circulation area serving the facility. The parking lot expansion will close the existing drive access onto Rufe Snow and relocate it to the south. The applicant is also requesting a variance to the 15 feet landscape setback requirement because of the existing site configuration and the expansion of Rufe Snow Drive. Mr. Eric Wilhite, Chief Planner, presented details of the proposed landscape plan and advised that Staff supported the request and the Planning and Zoning Commission recommended approval of the request with 150 square feet encroachment of the 15 feet landscape setback as indicated on the plan. Mayor Trevino called for anyone wishing to speak in favor or against the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN LEWIS MOVED TO APPROVE SUP 2007 -04, ORDINANCE NO. 2955, AND APPROVING THE VARIANCE FOR THE 15 FEET SETBACK AS REQUESTED AND IDENTIFIED ON THE SITE PLAN. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.3 ZC 2007 -10 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MARK PERKINS TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO 11R -1" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 6900 BLOCK OF WALTER STREET - 0.60 ACRES) - ORDINANCE NO. 2954 APPROVED Mayor Trevino opened the Public Hearing. Mr. Mark Long, 1615 Precinct Line Road, Engineer for the applicant, presented the applicant's request to rezone a 0.60 acre lot from AG Agricultural to R -1 Single Family Residential. Mr. Long advised the applicant was proposing to develop the lot as one single - family residential lot. Mr. Eric Wilhite, Chief Planner, presented the item, Staff's recommendation and the recommendation of the Planning & Zoning Commission. The Planning & Zoning Commission is recommending approval of the item. Mayor Trevino called for anyone wishing to speak in favor of or against the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. MAYOR PRO TEM COMPTON MOVED TO APPROVE ZC 2007 -10, ORDINANCE NO. 2954. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.0 PLANNING & DEVELOPMENT There were no items for this category. E.0 PUBLIC WORKS There were no items for this category. GENERAL ITEMS F.1 GN 2007 -088 SUSPEND THE EFFECTIVE DATE OF ATMOS ENERGY CORPORATION'S REQUEST TO INCREASE GAS UTILITY RATES WITHIN NORTH RICHLAND HILLS - RESOLUTION NO. 2007-058 APPROVED Ms. Karen Bostic, Managing Director, presented the item. Atmos Energy Mid -Tex Division filed a Statement of Intent to Increase Rates within the City of North Richland Hills on September 20. The increase would raise rates for the average residential customer by 8.27 %, the average commercial customer by 22.72% and the average industrial customer by 38.95% and would become effective on October 25, 2007 unless the City takes action to suspend the effective date. Suspending the effective date will allow the City 90 days to study the filing. This rate request is on top of a May ruling by the Railroad Commission to approve new system -wide rates for Atmos customers. Council approval of the proposed resolution will suspend the effective date of the rate increase for the maximum period allowed by law to permit time to review the proposed changes and to establish reasonable rates; authorize the City to cooperate with the Atmos Cities Steering Committee and its member cities to hire and direct legal counsel and consultants regarding reasonable rates; require Atmos to reimburse the City for reasonable rate case expenses; verify that the meeting at which this resolution is passed is open to the public as required by law and provide that a copy of the resolution be sent to Atmos and to the General Counsel for the Atmos Cities Steering Committee. In response to questions from Council, Ms. Bostic advised that the City can oppose the rate request but that the Texas Railroad Commission has the ultimate authority. Atmos is required to justify their request for a rate increase with the Railroad Commission and the Commission determines if their expenses are accurate and whether Atmos is gaining more profit than allowed by law. COUNCILMAN BARTH MOVED TO APPROVE RESOLUTION NO. 2007 -058, GN 2007 -088. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 GN 2007 -090 AMENDING SECTION 14 -2 & 14 -395 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES REGARDING TIME PERIOD ALLOWED FOR RESTRAINING DOGS AND ADDING NEW DEFINITIONS - ORDINANCE NO. 2959 APPROVED Ms. Chun Mezger, Animal Center Supervisor, presented the item. The proposed ordinance will bring the City's current ordinance in line with new State law. New State Legislation became effective September 1 that allows a dog to be restrained for a reasonable period not to exceed three hours in a 24 -hour period and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained. The City's current ordinance states that no dog or puppy may be restrained for more than eight hours in a 24 -hour period. The proposed ordinance is consistent with State law allowing a dog to be tethered no more than three hours and adds new definitions. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2007 -090, ORDINANCE NO. 2959. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 PU 2007 -047 APPROVE CONTRACT WITH INTEGRATED FORENSIC LABORATORIES FOR FORENSIC TESTING SERVICES FOR THE NORTH RICHLAND HILLS POLICE DEPARTMENT FOR $345800 - RESOLUTION NO. 2007 -057 APPROVED Police Chief Perdue presented the item. The Police Department is requesting the approval of a contract with Integrated Forensic Laboratories for forensic testing services. In the past only two certified labs, the Fort Worth Police Department Crime Lab and the Tarrant County Medical Examiners Office, have been available for the Department's use. Both labs are overwhelmed and have unsatisfactory turnaround time. Integrated Forensic Laboratories is a privately owned certified lab located in Euless and offers comparable services at competitive prices. In response to questions from the Council, Chief Perdue advised that the Lab has been at the Euless location for two years and the owner of the company has been in the business for at least fifteen years. Several of the surrounding cities have started using their services. Chief Perdue explained to Council the chain of custody for handling and processing evidence. COUNCILMAN WHITSON MOVED TO APPROVE PU 2007 -047, RESOLUTION NO. 2007 -057. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 PU 2007 -051 AWARD OF BID TO VMC LANDSCAPE SERVICES IN THE AMOUNT OF $304,362 FOR PARKS GENERAL MOWING SERVICES APPROVED Mr. Bill Thornton, Assistant Parks Director, presented the item. In May 2005 a pilot program for the outsourcing of parks mowing was initiated. A contract was executed with VMC Landscape Services that included two one -year renewal options. The first renewal of the contract was in September 2006. In August 2007, VMC requested an increase, which could not be accommodated under the terms of the contract, and they decided against renewing. Staff explored various options for managing the general parks mowing which included resuming mowing services "in -house as was done prior to implementation of the pilot program, continuing the contract mowing program by issuing bids for a new contract and creating an in -house seasonable mowing program using seasonal part time labor. After evaluation of the options, Staff is recommending continuing the parks general mowing contract. Bid specifications were issued for a new mowing contract. Staff is recommending the award of the bid for Parks General Mowing Services for fiscal year 2007/08 to the lowest bidder, VMC Landscape Services in the amount of $304,362. COUNCILMAN WHITSON MOVED TO APPROVE PU 2007 -051, AWARDING THE BID TO VMC LANDSCAPE SERVICES IN THE AMOUNT OF $304,362 FOR PARKS GENERAL MOWING SERVICES. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 GN 2007 -091 APPOINTMENT TO QUAD CITIES DFW ECONOMIC DEVELOPMENT FOUNDATION APPROVED Mayor Trevino advised that Councilman Lewis has been the City's representative to the Quad Cities DFW Economic Development Foundation. Councilman Lewis is also now attending the Chamber Board meetings. Mayor Trevino advised that he would like to appoint Councilman Sapp to represent the City at Quad Cities. COUNCILMAN LEWIS MOVED TO APPROVE THE APPOINTMENT OF COUNCILMAN KEN SAPP AS THE CITY'S ELECTED OFFICIAL REPRESENTATIVE TO THE QUAD CITIES DFW ECONOMIC DEVELOPMENT FOUNDATION. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.6 INFORMATION AND REPORTS Councilman Whitson made the following announcements. The Autumn Night Music concert series will continue on Saturday, October 13, with a performance by the Studio 54 Band. The free concert will begin at 7 p.m. at Kay Granger Park at Mullendore Elementary School. Guests are encouraged to bring blankets and lawn chairs. For more information, please call 817 - 427 -6600. Residents can dispose of unwanted bulky items during the annual Fall Community Cleanup on Saturday, October 13. Unwanted furniture, appliances, brush and other items can be dropped off between 9 a.m. and noon at the Tarrant County College Northeast Campus, 828 Harwood Rd., Parking Lot E (by the Tennis Courts). For more details, please call 817 - 427 -6650. North Richland Hills is proud to be the new home of the Texas Brahmas hockey team! The Brahmas first home game is scheduled for October 27 at the NYTEX Sports Centre located at 8851 Ice House Dr. For a complete game schedule and more information about the Brahmas, visit www.brahmas.com or call 817 - 336 -4423. Kudos Korner - Phyl Baloga, Economic Development Department. A card was received from out of state property investors thanking Phyl for taking the time to assist them and provide information regarding the community and land for sale. The information she provided was helpful and they are excited about being a part of North Richland Hills. F.7 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:55 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: MCurtis /LKoonce Council Meeting Date: 10 -22 -2007 Agenda No. B.2 Subject: PU 2007 -052 Award Bid No. 07 -1398 for the Little Bear Creek Dredging Project to Hydromulch Services in the amount of $106,105. In the 2007/2008 approved budget, Council allocated $345,000 for Channel Cleaning and Street Drainage improvements. The channel dredging work being recommended for award of bid is part of this project and will consist of removing sediment deposited in the bottom of the channel along a tributary of Little Bear Creek. Removing the sedimentation will improve the drainage flow and provide more capacity for the channel. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute, and posted on the City's Website. Eight (8) vendors were contacted and requested to participate in this bid process. Bid specifications were viewed from the City's Website by five (5) additional vendors. Five (5) bids were received from the vendors listed below: ITEM I DESCRIPTION I QTY HYDROMULCH SERVICES Wylie, TX $650.00 $102,300.00 $3,155.00 IF $106,105.00 ORVALL HALL 2L CONST. EXCAVATIING LTD HASLET, Fort Worth, TX TX $15,000.00 1 $34,000.00 PATCO Mobilization to UTILITIES 1 the project site, 1 LS Grand work fully Prairie, TX performed Silt removal 2 from the 6200 Channel CY Stream Erosion Control, 3 furnish and 288 install SY sedimentation basins GRAND TOTAL HYDROMULCH SERVICES Wylie, TX $650.00 $102,300.00 $3,155.00 IF $106,105.00 ORVALL HALL 2L CONST. EXCAVATIING LTD HASLET, Fort Worth, TX TX $15,000.00 1 $34,000.00 PATCO MANN UTILITIES ROBINSON & SONS INC Grand Aubrey, TX Prairie, TX $25,806.00 1 $30,000.00 $93,434.00 1 $122,140.00 1 $134,850.00 1 $334,180.00 $4,320.00 1 $1,843.20 $112,754.00 1 $157,983.20 $12,000.96 1 $14,400.00 172,656.96 I $378,580.00 The Public Works Department has evaluated all five (5) bids that were submitted; each bid meets specifications. Staff contacted several references who have employed Hydromulch Services and all references provided positive comments about the company. All jobs were completed on time and the company's work met the project specifications. Hydromulch Services submitted the lowest bid and it is recommended that they be awarded this contract. Recommendation: Award Bid No. 07 -1398 for the Little Bear Creek Dredging Project to Hydromulch Services in the amount of $106,105. CITY OF CITY OF NORTH RICHLAND HILLS Department: Economic Development Presented by: Thad Chambers Council Meeting Date: 10 -22 -2007 Agenda No. C.1 Subject: GN 2007 -092 Public Hearing and Action on Enactment of Section 74 -38 of the Code of Ordinances providing for Taxation of Goods in Transit as authorized by HB 621 - Ordinance No. 2960 The State Legislature passed HB 621 (Super Freeport) at the end of the last session. The bill implemented legislation based on a constitutional amendment passed several years ago. The bill is very similar to the existing Freeport Exemption, but has a potentially larger impact. The new law passed without much scrutiny because it affected only one county in Texas. However, an amendment was added that made the exemption applicable statewide. HB 621 is targeted primarily toward the Texas warehousing industry in an effort to make these types of operations more competitive with bordering states. With our current business mix and limited availability of raw land, warehousing is not an industry being pursued by NRH. For those existing businesses potentially affected by this action the city's location within the region and overall business climate likely far outweigh any financial benefit provided by exempting these specific goods. Should the City Council decide to take no action, or not opt -out, the conservative estimate on lost tax revenue is about $30,000 per year. Unlike abatements, or most other tax incentives, which are negotiated based upon increased investment in a community, this exemption simply removes this revenue without a measurable positive financial impact. This tax burden would then shift to other taxpayers, or an equal cut in city services may be required to compensate. City Council asked that we move forward with the Public Hearing, as required by the legislation, to consider whether or not to continue taxing these specific goods -in- transit. Recommendation: To approve Ordinance No. 2960 to opt -out of HB 621 and continue to tax the specific goods -in- transit targeted by this legislation. ORDINANCE NO. 2960 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 74 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES BY ENACTING A NEW SECTION 74 -38 PROVIDING FOR THE TAXATION OF GOODS - IN- TRANSIT EXEMPTED UNDER SECTION 11.253, SUBSECTION b, TAX CODE WHEREAS, House Bill 621, approved by the 80th Texas Legislature amends the Texas Tax Code by adding Section 11.253 defining and exempting goods in transit from ad valorem taxation; and, WHEREAS, Subsection (j) of the added Section 11.253 provides that the governing body of a taxing unit may, by official action, provide for the taxation of goods -in- transit exempt under Subsection (b) of the added Subsection 11.253 and not exempt under other law, and WHEREAS, the city council has conducted a public hearing prior to this official action; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; Section 1: Article II of Chapter 74 of the North Richland Hills Code of Ordinances is hereby amended by adding a new Section 74 -38 which shall read as follows: "Sec. 74 -38. Goods in transit. Goods in transit, as defined by subsection (a)(2) of Section 11.253, Texas Tax Code which are not exempt from taxation under other law shall be subject to ad valorem taxation and shall not be exempt from taxation as provided by subsection (b) of such section." Section 2: This ordinance shall be in full force and effect from and after its passage and it is so ordained PASSED AND APPROVED on this the 22nd day of October, 2007. CITY OF NORTH RICHLAND HILLS 0 ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Thad Chambers, Economic Development Director CITY OF NORTH RICHLAND HILLS Department: Economic Development Presented by: Thad Chambers Council Meeting Date: 10 -22 -2007 Agenda No. C.2 Subject: GN 2007 -093 Authorize City Manager to Execute an Interlocal Agreement with the North Central Texas Council of Governments relative to expressing the City of North Richland Hills' intention to not allow the Ad Valorem Tax Exemption for "goods -in- transit" pursuant to Texas Tax Code, Section 11.253 - Resolution No. 2007 -060 (This item is not a public hearing but related to Item C.1) Recently at a meeting at the North Central Texas Council of Governments, several city officials were discussing the recently enacted "Super Freeport exemption" legislation. From the large group of officials there, it appeared that most of the cities did not see this new exemption advantageous to economic development and in some cases could adversely impact their communities. (You may recall that in a related agenda item, we have mentioned that the warehousing industry is not one that North Richland Hills is pursuing and presently this would have little impact, but nevertheless we do not believe this would be good for our city to eliminate.) Because of the concerns expressed by some cities, a suggestion was made that we work together and take similar action to opt out of this legislation, and enter into an interlocal agreement basically expressing our intent to opt out. This would not be a binding agreement but rather an expression of intent. If any city chose to opt back in, they could certainly do so, but they would advise the other cities of their plans. In this way the other cities that might be impacted by an action of a neighboring community to opt in could reevaluate the matter, and make a decision accordingly. It is intended just to be a cooperative agreement, and not binding on anyone. It would be like an expression of intent as to how cities plan to handle this matter. North Richland Hills staff does not see a problem in entering in to such an agreement. It will help us know what other cities do and if others change their positions. Since it is not legally binding on what we do, but an expression of intent, we see no problem The COG was asked to coordinate this effort of Interlocal Agreements. Please see attached letter from Mr. Mike Easland, Executive Director of North Central Texas Council of Governments for description of this item. Recommendation: Approval of Resolution No. 2007 -060 allowing City Manager to execute the Interlocal Agreement with the North Central Texas Council of Governments relating to H.B. 621. ,rrth Texas CL�.inc:l Of G a- &-i nnioi rs October 2, 2007 Tu: City Managers From: Mike Eastland, Executive Difectrjr Subject; Resolutions ra latirrg to H -B. 621 (Freeport Exemp tions) Severa I cities have expressed oo ncern a bout the negative aft that H.B. tat 1 veil I most I ikely have on property tax revenue. They indicate than th ey wou Id like to p reserve th is revenue and n of g rant the Freeport exern ption allovied in the MI. H owever, it is recog nized th at if one or me re cities g rant the exemption, the rem a in i ng cities will 101ICW SLI it. I eras asked to forward an i me rlocal a0reement to our cities for consideration awh ich asks th at each recipient ind icate its intent to h o Id a pu bii c h eartng to fu Ifiil the req uirem a nts of Secdon 11 -2:53 of the Texas Ta x C ode to decry the exern ption by DeoeniW r 31, 2007. The ag reement further cal Is for any city 1h at intp nd s to gra nt the exemption to notify me by November 1, 2007 sa that other cities can be informed. In addition to the I nterlocal Agreement. I am forwarding a sarcp le resolution which vrau!d authorize YOU tc sign the agreement if your city decides not to allow the exemption. Also, I am sending ion Ord i iiance which has already been adopted by the B ity of Euless, a s it can serge as a tern p late, Please send me a copy of you r inlierlocal Ag reeiine nt unae your city has ad opted it su th at we ca n keep e n aerate list of s ig natories O r remember to notify me by November 16: if you pra n to g rant the exem ption so that Other cities wi II h acre ea rly notice, Please lei# me know if yc u have any qu estions , ei •�; �.��1F'I�• ;5 �rr.:. C.rih^q►rir� 7 xw R J. Juz MUF • rl n ;ttir T sxf ?QM][►; ]5 dE it11 ?: C= ;. -F3 "4 FAQ(. 74M � �%. -`:'�� 8�}:_. WA'w 1`. tLUy.vlkl NIkH RESOLUTION NO. 2007-060 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND POLITICAL SUBDIVISIONS WITHIN THE BOUNDARIES OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS RELATIVE TO EXPRESSING THEIR INTENTION TO NOT ALLOW THE AD VALOREM TAX EXEMPTION FOR "GOODS IN TRANSIT" PURSUANT TO TEXAS TAX CODE, SECTION 11.253 WHEREAS, the Texas State Legislature has authorized the formulation of interlocal cooperation agreements between and among governmental entities pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended. WHEREAS, the City of North Richland Hills believes that this agreement is necessary for the benefit of the public and has the legal authority to provide the governmental function which is the subject of the Interlocal Agreement; and WHEREAS, The Texas Constitution was amended in 1989 by the addition of Article 8, Section 1-j, to exempt from ad valorem taxation certain tangible personal property to include warehouse inventory that is detained in the State for assembling, storing, manufacturing, processing or fabricating purposes by the person who acquired or imported the property and is transported outside of the State not later than 175 days after date the person acquired or imported into the State; and WHEREAS, the Texas Tax Code was amended in 1989 pursuant to the Constitutional amendment by adding Section 11.151, to allow for the exemption of "freeport" goods, which are defined as property delineated in Texas Constitution, Article 8, Section 1-j; and WHEREAS, the Texas Tax Code, Section 11.251 was amended in 1991, 1993 and 2001 to its current wording; and WHEREAS, The Texas Constitution was amended in 2001 to add Article VIII, Section 1- n to allow the legislature to add an ad valorem tax exemption for tangible personal property held at certain locations only temporarily for assembling, manufacturing, processing, or other commercial purposes; and WHEREAS, the 80th legislature in 2007,pursuant to The Texas Constitution, Article VIII, Section 1 -n, passed House Bill 621 creating Texas Tax Code, Section 11.253 to allow certain tangible personal property, defined as "goods in transit" to be exempt from ad valorem taxation; and WHEREAS, the major differences in the exemption of Texas Tax Code, Sections 11.251 and 11.253 is that Section 11.253 allows the exemption for property that will be forwarded to another location in this state or outside this state, and the property is detained at a location in this state that is not owned or under the control of the property owner for assembling, storing, manufacturing; processing or fabricating purposes by the person who acquired or imported the property; and WHEREAS, Texas Tax Code Section 11.253 allows the governing body of a taxing unit to tax "goods in transit" which are not exempt by other law if it takes action before January 1 of the tax year for which the taxing unit intends to tax such goods; and WHEREAS, a property owner who receives the exemption from Texas Tax Code, Section 11.253 is not eligible to receive the exemption of Texas Tax Code, Section 11.251 for the same property; and WHEREAS, the exemption of "goods in transit" from taxation would result in the loss of needed revenue to the taxing units and would be an inequitable shift of the tax burden to the homeowners and local businesses; and WHEREAS, those taxing units that cannot afford to grant such an exemption will be negatively impacted by the exemption of "goods in transit "; and WHEREAS, all the taxing units within the NCTCOG allow for the exemption of "freeport" goods; and WHEREAS, the City of North Richland Hills would like to acknowledge that an ad valorem tax exemption for "goods in transit" would not be in the best interest of the political subdivision and that the political subdivision intends to not grant such exemption; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: That the City Manager or his designee is hereby authorized to execute an Interlocal Agreement with the North Central Texas Council of Governments and the political subdivision of the North Central Texas Council of Governments relative to expressing their intention to not allow the ad valorem tax exemption for "goods in transit" pursuant to Texas Tax Code, Section 11.253. A substantial copy of the agreement is attached hereto and incorporated herein for all intents and purposes. PASSED AND APPROVED on this the 22nd day of October, 2007. CITY OF NORTH RICHLAND HILLS M ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Oscar Trevino, Mayor Thad Chambers, Economic Development Director NRH INTERJURISDICTIONAL INTERLOCAL AGREEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF § THIS INTERLOCAL AGREEMENT (hereafter "Agreement ") is made and entered into by, between and among the signatories which are comprised of the North Central Texas Council of Governments (hereinafter referred to NCTCOG), and any political subdivision or taxing unit located wholly within the sixteen counties covered by the North Central Texas Council of Governments. WHEREAS, the Texas State Legislature has authorized the formulation of interlocal cooperation agreements between and among governmental entities pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended. WHEREAS, the governing bodies of each entity believes that this agreement is necessary for the benefit of the public and that each party has the legal authority to provide the governmental function which is the subject of the Interlocal Agreement; and WHEREAS, The Texas Constitution was amended in 1989 by the addition of Article 8, Section 1-j, to exempt from ad valorem taxation certain tangible personal property to include warehouse inventory that is detained in the State for assembling, storing, manufacturing, processing or fabricating purposes by the person who acquired or imported the property and is transported outside of the State not later than 175 days after date the person acquired or imported into the State; and WHEREAS, the Texas Tax Code was amended in 1989 pursuant to the Constitutional amendment by adding Section 11.251, to allow for the exemption of "freeport" goods, which are defined as property delineated in Texas Constitution, Article 8, Section 1-j; and WHEREAS, the Texas Tax Code, Section 11.251 was amended in 1991, 1993 and 2001 to its current wording; and WHEREAS, The Texas Constitution was amended in 2001 to add Article VIII, Section 1- n to allow the legislature to add an ad valorem tax exemption for tangible personal property held at certain locations only temporarily for assembling, manufacturing, processing, or other commercial purposes; and WHEREAS, the 80th legislature in 2007,pursuant to The Texas Constitution, Article VIII, Section 1 -n, passed House Bill 621 creating Texas Tax Code Section 11.253 to allow certain tangible personal property, defined as "goods in transit" to be exempt from ad valorem taxation; and WHEREAS, the major differences in the exemption of Texas Tax Code, Sections 11.251 and 11.253 is that Section 11.253 allows the exemption for property that will be forwarded to another location in this state or outside this state, and the property is detained at a location in this state that is not owned or under the control of the property owner for assembling, storing, manufacturing; processing or fabricating purposes by the person who acquired or imported the property; and WHEREAS, Texas Tax Code, Section 11.253 allows the governing body of a taxing unit to elect to tax "goods in transit" which are not exempt by other law if it takes action before January 1 of the tax year for which the taxing unit intends to tax such goods; and WHEREAS, a property owner who receives the exemption from Texas Tax Code, Section 11.253 is not eligible to receive the exemption of Texas Tax Code, Section 11.251 for the same property; and WHEREAS, the exemption of "goods in transit" from taxation would result in the loss of needed revenue to the taxing units and would be an inequitable shift of the tax burden to the homeowners and local businesses; and WHEREAS, those taxing units that cannot afford to grant such an exemption will be negatively impacted by the exemption of "goods in transit"; and WHEREAS, all the taxing units within the NCTCOG allows for the exemption of "freeport" goods; and WHEREAS, the NCTCOG supports its member local governments in their effort to preserve an equitable tax structure which is capable of sustaining services and service levels defined by their citizens; and WHEREAS, the political entities within the NCTCOG would like to acknowledge that an ad valorem tax exemption for "goods in transit" would not be in the best interest of the political subdivision and that the political subdivisions intends to not grant such exemption; NOW THEREFORE, In consideration of the premises and the agreements, covenants and promises herein set forth, it is agreed as follows: 1. RECITALS. The recitals set forth above are true and correct. 2. IMPLEMENTATION. Signatories by its signature indicates the intent of the signatories to impose ad valorem taxes upon "goods in transit" as defined in Texas Tax Code, Section 11.253. The parties further agree that it is their intent at the time of signature, to hold a public hearing and fulfill the requirements of Texas Tax Code Section 11.253 to deny such exemption, before January 1, 2008. 3. NOTICE. The signatories agree that if it decides to not to act and to allow the exemption of Texas Tax Code Section 11.253 to come into effect that it will notify the other signatories by November 1, 2007. The notice will be effected by sending written or faxed notice to NCTCOG at the following address or fax number. Mike Eastland P.O. Box 5888 Arlington, TX 76005 -5888 Telephone #:817- 695 -9100 Facsimile #:817- 704 -2543 NCTCOG will then notify all other signatories by the quickest reasonable means possible through the contact person designated in writing by each of the signatories. 4. NO VERBAL AGREEMENT. This Agreement contains all the terms, commitments and covenants of the PARTIES pursuant to this Contract. Any verbal or written commitment not contained in this Agreement or expressly referred to in this Agreement and incorporated by reference shall have no force or effect. 5. AGREEMENT INTERPRETATION AND VENUE. The signatories covenant and agree that any litigation relating to this AGREEMENT, the terms and conditions of the AGREEMENT will be interpreted according to the laws of the State of Texas and venue shall be proper exclusively in Tarrant County, Texas. 6. IMMUNITY. It is expressly understood and agreed that, in the execution of this AGREEMENT, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 7. SEVERABILITY. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this AGREEMENT are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions in this AGREEMENT shall remain in full force and effect and shall in no way be affected, impaired or invalidated. EXECUTED by the Signatories hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by each entity. CITY OF NORTH RICHLAND HILLS 0 Larry J. Cunningham, City Manager ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. Council Meeting Date: 10 -22 -2007 Agenda No. D.0 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -22 -2007 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 10 -22 -2007 Presented by: Mike Curtis Agenda No. E.1 Subject: PW 2007 -019 Award of Bid No. 07 -1407 in the Amount of $332,054.50 for the Construction of the Grand Avenue (Parker Boulevard to HealthMarkets) Project and Amend the 2007 -2008 Capital Projects Budget- Resolution No. 2007 -062 On October 10, 2007, a Bid Opening was conducted for the Grand Avenue (Parker Boulevard to HealthMarkets) Project. The project consists of removing and replacing Grand Avenue in front of the library, the placement of underground conduit for future irrigation for the park plaza property, additional landscaping in front of the library, and the addition of concrete curb and gutter onto the section of Grand Avenue in front of the park plaza property. The section of Grand Avenue adjacent to the new library will be constructed prior to the opening of the library. During the project's advertisement time period, nine (9) general infrastructure contractors picked up construction documents from the office of the City's engineering consultant, Schrickel, Rollins and Associates, Inc. (SRA); however, only three (3) of these contractors bid on the project. City staff and SRA were dismayed at the limited number of bids received for this project. In recent paving projects the City has received twice the number of bids. The City's standard advertising and bidding process was followed, staff sent out in excess of 25 "Notice to Bid" letters to contractors known to do this type of work, and staff has checked the TxDOT letting schedules - neither the Fort Worth District nor the Dallas District had projects scheduled for letting in October. The 3 bids that were received are shown below. Name of Contractor Base Bid Total Bid With All Alternates JLB Contracting $ 332,054.50 $ 415,344.20 JRJ Paving $ 347,624.50 $ 410,089.80 Reliable Paving $ 361,098.00 $ 440,448.00 All three bids exceeded the construction budget for the project. The construction budget after a prior expenditure for utility adjustments is $288,241.00. The total project was divided into a base bid and 4 alternates. Base Bid: The base bid represents the portion of the project necessary to complete all of the paving, parking and landscaping adjacent to the new library. The base bid will provide the library project with effective on and off -site traffic circulation and access. The base bid will be constructed prior to the opening of the library for use by patrons. Alternatel : This alternate would provide for the installation of electrical sleeves and conduit from the new library to the park plaza property. This alternate was not part of the original project but was added to better facilitate the development of the park plaza directly across Grand Avenue in front of the library. The reason for this alternate not being included in the original project was that there were ongoing negotiations occurring with Arcadia. Alternate 2: This alternate would provide for the installation of "street trees" in front of the park plaza property directly across Grand Avenue from the library. As with Alternate 1 this alternate was not a part of the original project but was added at a later date to facilitate the development of the park plaza. The reason for this alternate not being included in the original project was that there were ongoing negotiations occurring with Arcadia. Alternate 3: This alternate would provide for the extension of Grand Avenue over to the HealthMarkets access drive which begins at the library property's "north" property line. Although this alternate was included in the original project scope, it is not necessary for the effective traffic circulation and access need for use by library patrons. This alternate is solely for the purpose of continuing access for HealthMarkets to Grand Avenue. Alternate 4: This alternate would consist of replacing a portion of the HealthMarkets access road that was mistakenly removed by the Library contractor during the earlier stages of the Library project. It was never staff's intent to have the public pay for this alternate, we were simply attempting to get an accurate estimate of the time and cost required to provide this work. NOTE: The attached location map indicates the limits of the base bid and all of the alternates. For the past several months staff has been coordinating with Arcadia and HealthMarkets concerning a different design for Alternates 3 and 4. The City's current design consists of simply extending Grand Avenue to the HealthMarkets access drive. Arcadia and HealthMarkets have requested consideration of a different alignment to Alternate 4 and a "roundabout" design at the intersection of Alternates 3 and 4. Each has stated that they are willing to contribute up to $110,000 for a total of $220,000 for these changes. However, the details of this joint participation are still being discussed. But, as stated early none of the alternates are critical to effective traffic circulation and access to and from the library by its patrons. As soon as these details are resolved staff will bring a budget revision to City Council including alternates 3 and 4 as a stand alone project. The base bid portion of this project will be completed in advance of the library opening. There are two primary reasons for the project coming in over budget. First, an underestimate of the total construction costs by the City's engineering consultant. And secondly, the expansion of the scope of work to the base bid portion of the project. The expanded scope of work is summarized below: 1. An error made by the library architect during design that resulted in more of Grand Avenue having to be removed and replaced. During the course of the library construction, it was determined that the library was designed lower than desired relative to the existing paved portion of Grand Avenue. The Grand Avenue project as bid includes the removal and replacement of Grand Avenue in front of the library to remedy this situation. The cost for this work was not originally budgeted when this project was approved as a CIP project; however, the library architect, BRW Architects, has written a check to the City in the amount of $26,250 for this removal and replacement work. While the City has received this amount, it would be appropriate for the Council to assign this deposited amount to the Grand Avenue construction account through a budget revision. 2. A relatively minor change in the amount of $2,080.75 for irrigation conduit which was included in the project to facilitate the development of the park plaza property across Grand Avenue from the library. The Parks and Recreation Department is providing funding for this item. Funding of the Base Bid: The base bid is the most necessary component of the total project and as such staff is recommending awarding the base bid only. Construction funding for the base bid is available with the approval of the following recommended budget amendment to the 2007 -2008 Capital Projects Budget for the Grand Avenue project. Staff is proposing that additional funding be provided from the Parks and Recreation Department ($2,080.75 from Account No. 125 - 8510 - 604.79 -03 for irrigation conduit) and that a transfer of $16,000 be made from Engineering /Design to Construction. In addition BRW Architects has written a check to the City in the amount of $26,250 for their error. Once these additions are accounted for, and the budget is amended there will be sufficient funds available and approved for the project. Attached is the budget form indicating these proposed changes to the 2007 -2008 Capital Projects Budget. As indicated above, staff will come back to Council in the future for a budget revision to include a new project that will consist of Alternates 3 & 4 above with participation from Arcadia and HealthMarkets. A signed Conflict of Interest Statement was submitted with each bid and is on file in the office of the Purchasing Manager. Recommendation: To approve Resolution No. 2007 -062 and Amend the 2007 -2008 Capital Projects Budget as indicated on the attached Budget Revision Form. NItH RESOLUTION NO. 2007-062 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: THAT the $26,250 check deposit from BRW Architects is hereby authorized to be assigned to the Grand Avenue CIP construction account (Account No. 320 - 8350 - 603.79 -03). SECTION 2: THAT the City Manager is hereby authorized to execute a construction contract with JLB Contracting in the amount of $332,054.50, for the construction of the Grand Avenue (Parker Boulevard to HealthMarkets) Project, as the act and deed of the City. PASSED AND APPROVED this the 22nd day of October, 2007. CITY OF NORTH RICHLAND HILLS in ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director LOCATION MAP FOR GRAND AVENUE STREET IMPROVEMENTS PROJECT LIMITS OF GRAND AVENUE STREET IMPROVEMENTS (BASE BID) ti ALTERNATE #4 ALTERNATE #3 .09 F ALTERNATE #1 O G �`O ALTERNATE #2 A �JP oS' N.T.S. N H MAP PREPARED BY NRH PUBLIC WORKS DEPARTMENT 041 KK Sc_ hrickel, Rollins and Ass()c1aIes, Inc. October 12, 2007 Mr. Gregory Van Nieuwenhuize, P.E. . Assistant Public Works Director City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills 76180 RE: Grand Avenue Simmons Drive to Health Markets Project No. 07 -1407 One October 10, 2007 three (3) bids were received on the Grand Avenue project in North Richland Hills, Texas. The low base bid was submitted by JLB Contracting , LP of Fort Worth, Texas in the amount of $322,054.50. There were nine sets of contract documents picked -up by and distributed to general contractors on this project (the list of plan holders is attached). JLB Contracting has performed satisfactory work on similar projects in the past and is well qualified to perform the work on this project. We therefore recommend the contract for the Grand Avenue project be awarded to JLB Contracting, LP in the amount of $322,054.50 at this time. Attached please find a tabulation of all three bids and the original bidding documents. Yours truly, SCHRICKEL, ROLLINS AND ASSOCIATES, INC. Sanford P. LaHue, Jr., P. SI /sl CC' file H: \Job \4743 \5CD\Text \Nieuwenhuize 2.doc Street & Sidewalk Grand Avenue Street and Utility Improvements S T0702 PROJECT DESCRIPTION & JUSTIFICATION This project consists of paving and utility improvements on Grand Avenue. Grand runs north /south through Home Town NRH, between the new NRH library and The Venue. This project will complete all sections of Grand except for the area in front of the proposed Tarrant County Conference Center (TCCC). Grand will be extended to replace the access to HealthMarkets (formerly UICI) that was relocated by the construction of the new library. The utility improvements consist of constructing a new sewer line within the Grand Avenue right -of -way under the planned paving improvements. The new sewer line will provide service to adjacent properties including the new library. The majority of Grand Avenue is fronted by city property. There is a public area located along the south east side of Grand that will be used as an open space area with public art and sidewalks. In addition, the new library is located on the north wes side of Grand Avenue. The improvements identified in this project are improvements that are the City's responsibility since the City owns the property adjacent to Grand. The extension of Grand Avenue over to the HealthMarkets access drive is necessary since the construction of the new library will cause the existing access drive to be relocated. Note: The funding in "Reserves" represents project savings from 1994 Bond Program. Staff is negotiating that the Developer (Arcadia) of Home Town NRH will pay their share of these improvements. Since the timing and the exact amount of the developer's payment is unknown at this time, staff is planning on paying 100% of the project up front and being reimbursed by the Developer for their share after the project is complete. PROJECT STATUS Original 2007/2008 Original 2007/2008 Start Date Revision End Date Revision Engineering 10/2006 10/2006 06/2007 06/2007 Construction 07/2007 11/2007 12/2007 03/2008 REVISION EXPLANATION There are two (2) primary reasons for this budget revision. First, due to the City's engineering consultant underestimating the construction costs, the project's bids exceeded the budgeted amount. Secondly, the project scope was expanded to 1) include the removal and replacement of a portion of Grand Avenue due to the library's designed finish floor elevation, and 2) include irrigation conduit for the park plaza property "across" the street from the library. FINANCIAL DATA IMPACT ON OPERATING BUDGET Annual Operating No operating impact is anticipated. Impact 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 Total Projected $0 $0 $0 $0 $0 $0 2007/2008 2007/2008 Total Funding Source Amount to 2007/2008 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: Source Description $345,000 $0 $0 $0 $0 $345,000 Proposed Funding Allocations: Source Description 0 0 28,331 28,331 0 28,331 Total $345,000 $0 $28,331 $28,331 $0 $373,331 Project Expenditures Engineering /Professional Services $34,000 $0 ($16,000) $18,000 $0 $18,000 Right -of- -Way 0 0 0 0 0 0 Construction 281,000 30,000 44,331 74,331 0 355,331 0 Total $315,00 $30,0001 1 $28,331 $92,331 $0 $373,331 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 10 -22 -2007 Presented by: Mike Curtis Agenda No. E.2 Subject: PW 2007 -020 Approve Engineering Agreement with DeOtte, Inc. for an Amount of $68,000 for the Design of the Iron House Golf Course Drainage Improvement project which includes the update to the Golf Course Drainage Master Plan. - Resolution No. 2007 -063 Significant erosion has occurred over the years at Iron Horse Golf Course due to upstream development and more recently due to higher than average rainfall amounts. As a result of the erosion, the appearance and playability of the Course has diminished and in some locations golf course improvements and features are threatened. Over the past few years, City staff and golf course management personnel have been working together to address and correct the areas where erosion and drainage have caused problems. In 1999, an Erosion and Sedimentation Control Master Plan was developed for Iron Horse Golf Course. The plan identified several locations along Big Fossil Creek and Singing Hills Creek where erosion had negatively affected the appearance and playability of the golf course. The impacted areas were divided up into two categories, High Priority and Low Priority. The city improved many of the High Priority problem areas in 2000. During the past 6 to 7 years additional erosion has occurred and many of the Low Priority problem areas (as defined in 2000) are now impacting the golf course and in some situations are threatening some of the golf course features such as cart paths and Tee Boxes. The Iron House Golf Course Drainage Improvement project approved in the 2007 -2008 Capital Projects Budget will improve two critical areas around Tee Box No. 1 and the cart path at Hole No. 16. and update the Golf Course Master Drainage Plan. The engineering consultant being recommended for this project is DeOtte, Inc. This is the same engineer that developed the Master Drainage Plan for the golf course in 1999 and prepared the designs for the "High Priority" drainage project in 2000. City staff and golf course personal have been very pleased with his work. Staff also believes that the engineering firm's familiarity with the project will be a benefit to the city. The major items that will be provided by the engineer are summarized below: • Update the 1999 Golf Course Drainage Master Plan to reflect "High Priority" and "Low Priority" drainage improvement needs. Cost estimates will be provided for the recommended improvements. • Provide necessary surveying and geotechnical studies in order to design a solution to stop the erosion that is taking place at Tee Box No. 1 and the cart path at Hole No. 16. • Prepare design plans and assist the city in bidding the project. The engineering agreement will be available for your review at the Work Session. Sufficient funds have been approved in the 2007 -2008 Capital Projects Budget for this project. Recommendation: To approve Resolution No. 2007 -063 NRH RESOLUTION NO. 2007 -063 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 engineering agreement with DeOtte, Inc., in an amount not to exceed $68,000, for the engineering design of the Iron Horse Golf Course Drainage Improvements Project, as the act and deed of the City. PASSED AND APPROVED this the 22nd day of October, 2007. CITY OF NORTH RICHLAND HILLS 0 ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E, Director Of Public Works Excerpt from FY2007-2008 CIP Budget IRON HORSE GOLF COURSE A6 ` f Project Locator Map A, Scale: 1 " = 500' 16 JJL 07 Starj&ALI MdPOGIP Lt —lion Hcjr:e C-oll Drainage ;ripS nix-i ritc miawn uepatinioi it - CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -22 -2007 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Elizabeth Reining Council Meeting Date: 10 -22 -2007 Agenda No. F.1 Subject: GN 2007 -094 Amend Agreement for Mineral Lease of Northfield Park to include an additional 20.639 acres - Resolution No. 2007 -061 Over the past several years, the Barnett Shale natural gas field has become one of the busiest natural gas fields in the country with drilling and production activity occurring all over North Central Texas. The City of North Richland Hills passed a gas drilling regulatory ordinance to ensure the public safety and minimize the impact of drilling and production activities on the City's residents and the environment. It also explored the possibility of leasing City -owned land. To assist with this the City hired gas production professionals with J.P. Morgan Chase Bank N.A. to help identify potential lease sites and set up procedures to receive bids in 2005. In February 2006, the City advertised a mineral lease bid for Northfield Park for a total of 32.759 acres. The City received two bids and chose Harding Company. The lease term was for two years and included provisions to protect the City's interests. The City received $3,000 per acre as a signing bonus, totaling more that $106,000.00, and 25% royalties. Harding Company has since entered a partnership with Exxon Mobile. They have formed Metroplex Barnett Shale LLC. That company has approached the City to amend the lease to Northfield Park to include an additional 20.639 acres. It was discovered after the lease was signed that the City owned additional property at the park site. The additional acreage includes one acre for the drive leading into Northfield Park. Though used as a road it is not a right of way and officially part of the park. If it was a right of way, the General Land Office would be entitled to the mineral rights under the road. The terms of the amended lease are identical to the original lease. The City will receive $3,000 per acre or $61,917.00 total as a signing bonus for the additional acreage and 25% royalty from anything that is extracted from the site. A public hearing does not need to be held because it is an addendum to a previously executed lease agreement. A Resolution must be passed to amend the lease agreement. Recommendation: Approve the Resolution No. 2007 -061 authorizing the City Manager to execute the Amendment of Oil and Gas Lease for Northfield Park. fq1kH RESOLUTION NO. 2007 -061 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 Amendment of Oil and Gas Lease for Northfield Park. PASSED AND APPROVED this the 22nd day of October, 2007. CITY OF NORTH RICHLAND HILLS ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Elizabeth Reining Council Meeting Date: 10 -22 -2007 Agenda No. F.2 Subject: GN 2007 -096 Support Statewide Proposition 12 - Resolution No. 2007 -064 The Regional Transportation Council (RTC) has asked the City of North Richland Hills and other area cities to support Statewide Proposition 12, found on the November 6, 2007 general election ballot. Statewide Proposition 12 would change the Texas Constitution to allow the Texas Department of Transportation (TxDOT) to issue up to $5 billion in general obligation bonds to fund highway projects. As you are aware, the State of Texas is facing a transportation funding crisis. In the Dallas -Fort Worth region alone, there is a $58.6 billion shortfall for adding new highways and improving current ones, such as NE Loop 820. The $5 billion would begin to correct the shortfall. Recommendation: Approve Resolution No. 2007 -064 supporting Statewide Proposition 12 allowing TxDOT to issue general obligation bonds to fund highway projects. NIkH RESOLUTION NO. 2007-064 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City of North Richland Hills supports Statewide Proposition 12. If approved, $5 billion of new funding will be available to expedite needed transportation improvements. The Dallas -Fort Worth region alone has a $59 billion funding shortfall over the next 25 years. PASSED AND APPROVED this the 22nd day of October, 2007. CITY OF NORTH RICHLAND HILLS M ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 10 -22 -2007 Agenda No. F.3 Subject: GN 2007 -095 Appointments to Naming Board The Naming Board was established by Ordinance No. 2517 for the purpose of submitting recommendations to the City Council for the naming of City facilities, which includes parks, buildings, streets and other publicly owned facilities. The Board consists of three council members. Mayor Pro Tern Compton, Councilman Barth and Councilman Turnage are currently serving on this board. The ordinance provides that the appointments to the board are to be made annually and that the Mayor, subject to Council approval, makes the appointments. Mayor Trevino is recommending that Mayor Pro Tern Compton, Councilman Barth and Councilman Turnage be reappointed to the Board. Recommendation: To approve the recommendation of the Mayor to reappoint Mayor Pro Tern Compton, Councilman Barth and Councilman Turnage to the Naming Board. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -22 -2007 Presented by: Agenda No. FA Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -22 -2007 Presented by: Councilman Scott Turnage Agenda No. F.5 Subject: INFORMATION AND REPORTS - Councilman Turnage Announcements Bring your little ghosts and goblins out for an evening of fun at the 4th Annual Hoot n' Howl. This event will be held from 5 -8 p.m., Saturday, October 27, at Green Valley Park, 7701 Smithfield Rd. Enjoy games, bounce houses, hayrides, storytelling, a costume contest and more. For more information, please call 817 - 427 -6600. In an ongoing effort to promote recycling, Keep NRH Beautiful is hosting the Northeast Recycles Day Flea Market on Saturday, November 10. This event will be held from 8 a.m. to 3 p.m. in the parking lot at 6357 Boulevard 26. To register as a vendor or for more information, please call 817 - 427 -6651. The City of North Richland Hills invites you to a Veterans Day Ceremony on Sunday, November 11th. This event will be held at 2:00 p.m. at Liberty Park located at 5825 Holiday Lane. It will include patriotic music and a keynote address from Brigadier General Keith Thurgood. For more details, please call 817 - 427 -6600. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Kathye McCall, Dan Echols Senior Center Supervisor An e-mail was received complimenting Kathye on the exceptional way she runs the Senior Center. The e-mail stated that the patrons of the Senior Center are extremely happy with all the events and activities Kathye plans and the way she attends to all of the visitors to the center. CITY OF