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HomeMy WebLinkAboutCC 2010-02-22 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, February 22, 2010 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2010-012 2009 Racial Profiling Report (5 Minutes) A.3 IR 2010-013 Update on New Recreation Center Design Development and Progress (30 Minutes) A.4 IR 2010-011 Expansion of the Neighborhood Initiative Program (25 Minutes) A.5 Adjournment Certification 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 February 19, 2010 at `t~`.2V.~,~'~`~ ,~ - I'~ ~ ~ Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda -February 22, 2010 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, February 22, 2010 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: ^ 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 Lombard A.2 Pledge -Councilman Lombard A.3 Special Presentation(s) and Recognitions) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. NRH City Council Agenda -February 22, 2010 Page 2 of 4 B.1 Approval of Minutes of February 8, 2010 City Council Meeting B.2 PW 2010-009 Approve an Amendment to the Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing) with Metroplex Barnet Shale LLC, Operating on Behalf of DDJET Limited LLP B.3 PW 2010-010 Approve Interlocal Agreement with the City of Richland Hills for Wastewater Collection and Disposal and Authorize the City Manager to Sign the Agreement B.4 PW 2010-012 Award Project RFB No. 10-015 to Humphrey & Morton Construction Co., Inc. in the Amount of $79,373.50 for the Construction of the 2010 Iron Horse Golf Course Drainage Improvements Project (DR1003) B.5 GN 2010-016 Granting Approval to the Tarrant County Housing Finance Corporation for the Use of the Proceeds of its Series 2009 Single Family Mortgage Revenue Bonds to Finance Home Mortgages for Single Family Homes Located Within the City -Resolution No. 2010-011 B.6 PU 2010-004 Authorize the Purchase of a Backhoe Tractor Loader from Kirby-Smith Machinery in the amount of $69,050 C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2010-011 Award a Professional Service Agreement to Lee Engineering LLC for the Davis Boulevard and Creek View Drive/Post Office Traffic Signal Project (ST1005) F.0 GENERAL ITEMS F.1 PU 2010-005 Award Proposal No. 09-025 for Automated Mobile Handheld Citation Entry System to Brazos Technology in the amount not to exceed $219,151 F.2 GN 2010-017 Texas Governor's Office Criminal Justice Programs Competitive Grant - Resolution No. 2010-012 G.0 EXECUTIVE SESSION ITEMS No items for this category. NRH City Council Agenda -February 22, 2010 Page 3 of 4 H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Barth H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills Texas in compliance with Chapter 551, Texas Government Code on February 19, 2010 at ~,~ .~ ..,,~~ ~ ~~ ~ This facility is wheelchair accessible and accessible parking `spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda -February 22, 2010 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, February 22, 2010 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2010-012 2009 Racial Profiling Report (5 Minutes) A.3 IR 2010-013 Update on New Recreation Center Design Development and Progress (30 Minutes) A.4 IR 2010-011 Expansion of the Neighborhood Initiative Program (25 Minutes) A.5 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-22-2010 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2010-012 Date: February 22, 2010 Subject: 2009 Racial Profiling Report The 77`" Regular Session of the Texas Legislature passed Senate Bill 1074, an Act relating to the prevention of racial profiling by certain peace officers. This law specifically prohibited racial profiling by peace officers in Texas. This law also added, among other things, requirements for the training of peace officers. In addition, this law added Section 2.132 to the Texas Code of Criminal Procedure. This statute requires police departments to adopt a policy on racial profiling, which we have done. The North Richland Hills Police Department provided the required training to all its members before the statutory deadline of September 1, 2003. Most Patrol Section officers received this training before January 1, 2002 when key portions of the statute took effect. The Police Department continues to train new officers. The required policy on racial profiling must include a report to the governing body of each county or municipality served by the agency. The annual report must contain, "information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: a) the race or ethnicity of the individual detained; and b) whether a search was conducted and, if so, whether the person detained consented to the search." If the Police Department did not have video-recording equipment in all patrol cars and audio-recording devices for motorcycle officers, the required data collection and analysis would be much more extensive. The Police Department hired Alex del Carmen, PH.D., of Del Carmen Consulting to analyze data collected by the Police Department. It was reported to Dr. del Carmen by the Police Department that during calendar year 2009, four racial profiling complaints were received and all were determined to be unfounded. The analysis of the eight-year traffic- related contact data suggested that the North Richland Hills Police Department has been, for the most part, consistent in the racial/ethnic composition of motorists it comes in contact with during a given year. The consistency of contacts for the past eight years is in place despite the fact the city demographics may have changed, thus, increasing the number of subjects likely to come in contact with the police. Dr. del Carmen concluded that the North Richland Hills Police Department has complied with the Texas Racial Profiling Law (SB1074). Respectfully Submitted, G.u~~- Jimmy Perdue Public Safety Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ (I) Tier 1 Data Traffic-Related Contact Information (1/1/09-12/31/09) Race/Ethnicity * Contacts Searches Consensua I Searches PC Searches Custody Arrests J'- _ _ _ __ N % _ N % N % N % N Caucasian 15,37 3 81 347 77 73 86 274 75 889 77 African 1,521 8 42 9 5 6 37 10 126 11 His anic 1,640 9 58 13 7 8 51 14 130 11 Asian 387 2 2 .4 0 0 2 .5 11 1 Native American 53 .3 0 0 0 0 0 0 0 0 Other 79 .4 0 0 0 0 0 0 3 .001 Total 19,05 3 100** 449 100** 85 100 364 100 115 9 100 "N" represents "number" of traffic-related contacts * Race/Ethnicity is defined by Senate Bill 1074 as being of a "particular descent, including Caucasian, African, Hispanic, Asian, or Native American". **Figure has been rounded Com taints Filed for Possible Violations of The Texas Racial Profilin Law Complaint Alleged Violation Disposition of the Case No. i 001 Violation of Racial Unfounded Profilin Law 002 Violation of Racial Unfounded Profilin Law 003 Violation of Racial Unfounded Profilin Law 004 Violation of Racial Unfounded Profilin Law (II) Traffic-Contacts and Fair Roads Standard Comparison Comparison of traffic-related contacts with households in DFW that have vehicle access (in namantanacl (1 /1/(19-17/31 /091 RacelEthnicity* Traffic-Contacts (in percentages) __ Households with Vehicle Access in ercenta~e~ _ _ Caucasian 81 68 African 8 12 His anic 9 14 Asian 2 3 Native American .3 .54 Other .4 N/A Total 100** 97.5*** * Race/Ethnicity are defined by Senate Bill 1074 as being of a "particular descent, including Caucasian, African, Hispanic, Asian, or Native American". **Represents rounded figure ***Amount does not total 100% since Census data does provide value of "other" category. Comparison of Eight-Year Traffic-Related Contact Information 1 /1 /02---12/31 /09 RacelEthnicity* Traffic-Related Contacts (in percen tages) (02) (03) (04) (05) (06) (07) (08) (09) Caucasian 84 82 80 81 80 78 80 81 African 6 7 7 7 7 8 8 8 Hispanic 8 9 11 9 10 10 9 9 Asian 2 2 2 2 2 2 2 2 Native .10 .09 .2 .2 .2 .2 .2 .3 American Other .30 .41 .4 .6 .8 1 .6 .4 Total 100** 100** 100** 100** 100** 100** 100** 100** * Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a "particular descent, including Caucasian, African, Hispanic, Asian, or Native American". ** Figure has been rounded. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2010-013 Date: February 22, 2010 Subject: Update on New Recreation Center Design Development and Progress Our architect, Brinkley Sargent Architects, has completed a schematic design package based on the concept plans that Council reviewed at their October 26 and November 9, 2009 meetings. The design package includes: • The concept site plan • Building massing plans • Geotechnical report • Boundary and topography plans with on and off-site utilities • General descriptions of HVAC and foundation design requirements. Our construction manager, Byrne Construction, has reviewed and evaluated the schematic design package and has been an active participant in the design progress meetings as we have transitioned into the design development phase of the project. During design development, the design moves from the schematic phase towards the contract document phase. In this phase, the architect prepares drawings and other presentation documents to crystallize the design concept and describe it in terms of architectural, electrical, mechanical, and structural systems. In January and February, several meetings were held with representatives from respective City departments. In these meetings staff reviewed schematic design floor plans for the purpose of providing information regarding operational, functional and aesthetic needs to the architect. Discussions focused on the aquatics area, fitness areas, running track, gymnasium space, senior area and banquet space so that these spaces could be detailed further. Additional meetings focused on site plan and final plat requirements, zoning and off- site utilities, information technology, telecommunications, security, fire alarm system requirements and backbone cabling needs throughout the building. Additional meetings will continue to take place as the project moves further into design development and construction documents. Staff has continued to keep the Park and Recreation Board updated on the progress of the recreation center. At their February 1, 2010 Park Board meeting, the Board ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ reviewed the recreation center schematic plans and design development and was pleased with the progress thus far. The Senior Exploratory Committee continues to be involved in the senior center component and last met on February 9, 2010. They reviewed and provided comments on design development of the senior center and provided additional input to the architect on the operational and functional aspects of the proposed design. Design development will continue through April, when the architect will transition to construction details and specifications. During the construction documents phase of the project, the architect will prepare working drawings, specifications, and bidding documents. Also during this phase, building materials, colors and finishes as well as interior design will be considered. Following completion of the construction documents, bid packages will be issued and, based on the final pricing, the construction manager will prepare the Guaranteed Maximum Price (GMP) for Council consideration. Although construction of the building is anticipated to begin in September/October, 2010, construction of specific project amenities, such as the parking lots, drives and other site work could potentially begin once construction documents for this work are complete. Construction of the facility is anticipated to be substantially complete by the end of December, 2012. Brinkley Sargent Architects will present a PowerPoint presentation on the design development phase of the recreation center and is seeking input and comments from City Council. Respectfully Submitted, Vickie Loftice Managing Director of Community Services INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2010-011 Date: February 22, 2010 Subject: Expansion of the Neighborhood Initiative Program In 2004, the City began its successful Neighborhood Initiative Program (NIP). NIP helps lower income residents, single parents and persons with disabilities with needed home repairs through the work of volunteers. Since NIP began, the program has helped almost 400 families. Besides helping some residents with minor exterior home repair, NIP also helps bring homes to suitable living standards in emergencies and provides the City's match for the federal HOME funds. Last year, City Council requested city staff to develop a pilot program that would assist our citizens in renovating or maintaining the exterior of their homes in compliance with quality housing standards to avoid an adverse impact to established neighborhoods and future revenues. As neighborhoods mature, there is a reduction in both property tax and sales tax due to a lack of maintenance, curbside appeal, business closings/relocations and ultimately vacancies. Staff is proposing to expand NIP to provide cash incentives to residents to improve their home exteriors and to broaden our volunteer base to help lower income NRH residents with major exterior and interior repairs to their homes. Staff feels that these two expansion programs will meet Council's objective. The two new programs will be piloted in the area located south of NE Loop 820, west of Boulevard 26 and east of Rufe Snow Drive. This area is the "original town" of North Richland Hills and the City's more mature neighborhoods are located here. More than 65% of the homes in this area were built prior to 1960. If they prove successful, we will continue implementation throughout other parts of the City. Neighborhood Initiative Program- Current: M-NIP: Minor exterior work, including yard work (majority of current NIP projects fall into this category) E-NIP: Emergency repairs to bring homes into suitable living conditions H-NIP: City's 25% matching requirement for HOME funds, requires coordination with Tarrant County for major system repairs ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ Proposed: R-NIP: Cash rebates for homeowners who complete exterior upgrades to their homes (10% rebate on cost of repairs up to $3,000). V-NIP: Larger exterior and interior repairs, monetary contribution (50% of material costs up to $3,000) by City with work performed by volunteers Neighborhood Initiative Program-Cash Rebate (R-NIP) The goal of R-NIP is to remove code/building violations in neighborhoods by encouraging families to re-invest in their homes. Re-investment into homes makes these neighborhoods more attractive to other home buyers, which ultimately attracts new businesses. Homeowners will be given cash incentives and reductions in building permit fees to make exterior home improvements. The homeowner will be given a rebate of 10% from total cost of renovations made to their home up to a maximum per household of $3,000. There are no income or home value limits, but all building supplies must be purchased in North Richland Hills (if available) and, if needed, the contractor used must be based in North Richland Hills. Eligible improvements include the repair/replacement of soffits and fascias, roofs, windows, siding, driveways, fencing, exteriors, patio covers, front porches; repainting; and the installation of new landscape beds, sprinkler systems and gutters. A one time upgrade bonus of $200 will be given for higher quality materials or materials that create energy efficiency. Staff estimates approximately 40 rebates to homeowners in the first program year. This figure assumes that most of the projects will be below the maximum level of rebate allowed. Program participation is limited to the amount of funding available. To participate in R-NIP, a contractor must prove they are based in North Richland Hills and are in good standing with the City. Contractors must give a 10% discount to R-NIP participants and complete one volunteer project per year in another NIP area (M-NIP, E- NIP, H-NIP or V-NIP). Neighborhood Initiative Program-Volunteers (V-NIP) Volunteer groups will partner with the City to do larger exterior and interior repairs to the homes of lower income residents of North Richland Hills. In this program, the homeowner is not expected to participate financially; the City and volunteer groups contribute monetarily and the volunteer groups provide labor. To qualify for City participation, the requesting homeowner must meet the 80% HUD income guidelines. This is the same requirement for M-NIP, E-NIP and H-NIP. If volunteer groups choose to work with families whose incomes exceed those guidelines, the City will not participate financially. On projects the City participates in, it will contribute 50% of materials cost up to $3,000. Like R-NIP, the City requires materials be purchased in North Richland Hills. The City hopes to help a minimum of 30 families the first year of the program. Council approved $105,000 for NIP in the FY 2010/2011 Capital Improvements Budget with an additional $14,826 in business donations remaining for a total balance of $119,826. The two expansion programs will be sub programs of NIP and will use a portion of these funds. Breakdown of NIP Expenditures: M-NIP E-NIP H-NIP R-NIP V-NIP Total Balance: $2,000 $3, 926 $25,000 $44,450 44 450 $119,826 The program policy for V-NIP is still being finalized. Both the R-NIP and V-NIP Program Polices will be presented to the City Council on March 22"d Regular City Council Meeting. The area south of Glenview is considered a "Transitional Area" where staff feels should be developed/re-developed into commercial and a combination of multiple uses. Staff will not encourage the preservation of single family residential homes in this area but will rather encourage developers to build commercial, multi-family and mixed uses in this transitional area. Therefore, we do not anticipating spending any funds in the transitional area for R-NIP or V-NIP. Staff believes the expansion of the Neighborhood and increased volunteerism will help residents in neighborhoods and support local businesses. W continues to work together to make a difference. Respectfully Submitted, Jo Ann Stout, Director of Neighborhood Services John Pitstick, Director of Planning & Inspections Craig Hulse, Economic Director Elizabeth Reining, Assistant to the City Manager Kristin Weegar, Marketing & Research Coordinator Initiative Program into cash rebates need, preserve the quality of NRH e become a self sustaining city that CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-22-2010 Presented by: Agenda No. A.5 Subject: Adjournment 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, February 22, 2010 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation -Councilman Lombard A.2 Pledge -Councilman Lombard A.3 Special Presentation(s) and Recognitions) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of February 8, 2010 City Council Meeting B.2 PW 2010-009 Approve an Amendment to the Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing) with Metroplex Barnet Shale LLC, Operating on Behalf of DDJET Limited LLP B.3 PW 2010-010 Approve Interlocal Agreement with the City of Richland Hills for Wastewater Collection and Disposal and Authorize the City Manager to Sign the Agreement B.4 PW 2010-012 Award Project RFB No. 10-015 to Humphrey & Morton Construction Co. Inc. in the Amount of $79,373.50 for the Construction of the 2010 Iron Horse Golf Course Drainage Improvements Project (DR1003) B.5 GN 2010-016 Granting Approval to the Tarrant County Housing Finance Corporation for the Use of the Proceeds of its Series 2009 Single Family Mortgage Revenue Bonds to Finance Home Mortgages for Single Family Homes Located Within the City -Resolution No. 2010-011 B.6 PU 2010-004 Authorize the Purchase of a Backhoe Tractor Loader from Kirby- Smith Machinery in the amount of $69,050 C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2010-011 Award a Professional Service Agreement to Lee Engineering LLC for the Davis Boulevard and Creek View Drive/Post Office Traffic Signal Project ST1005 F.0 GENERAL ITEMS F.1 PU 2010-005 Award Proposal No. 09-025 for Automated Mobile Handheld Citation Entry System to Brazos Technology in the amount not to exceed 219 151 F.2 GN 2010-017 Texas Governor's Office Criminal Justice Programs Competitive Grant -Resolution No. 2010-012 G.0 EXECUTIVE SESSION ITEMS No items for this category. H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Barth H.2 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Mayor Oscar Trevino Council Meeting Date: 2-22-2010 Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-22-2010 Presented by: Councilman Tom Lombard Agenda No. A.1 Subject: Invocation -Councilman Lombard CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-22-2010 Presented by: Councilman Tom Lombard Agenda No. A.2 Subject: Pledge -Councilman Lombard CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Special Presentation(s) and Recognitions) Council Meeting Date: 2-22-2010 Agenda No. A.3 No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-22-2010 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 2-22-2010 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-22-2010 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: 2-22-2010 Presented by: Agenda No. B.1 Subject: Approval of Minutes of February 8, 2010 City Council Meeting Recommendation: To approve the minutes of the February 8, 2010 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 -FEBRUARY 8, 2010 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the Stn day of February 2010 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Scott Turnage Mayor Pro Tem, Council, Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Eric Wilhite Chief Planner Jimmy Cates Public Works Operations Manager JoAnn Stout Neighborhood Services Director Greg VanNieuwenhuize Assistant Public Works Director Andy Kancel Assistant Police Chief Mike Hamlin Assistant Police Chief Dave Pendley Building Official Craig Hulse Economic Development Director Absent: David Whitson Council, Place 5 Call to Order Mayor Trevino called the work session to order at 5:45 p.m. A.1 Discuss Items from Regular City Council Meeting There were no questions from Council. A.2 IR 2010-009 Mayor's Health & Fitness Initiative Vickie Loftice, Managing Director, briefly gave an introduction to the Mayor's Health & Fitness Initiative. Ms. Loftice introduced Tina Earle, Marketing Coordinator for Parks and Recreation Department. Ms. Earle presented a PowerPoint presentation on the Mayor's Health & Fitness Initiative for 2010. The mission of the Mayor's Health and Fitness Initiative is to support and encourage residents to improve their fitness level by encouraging regular physical activity, improved nutrition and a healthier life while promoting a sense of community. The program will consists of multiple components, with activities and support designed for all ages of the community. These components include: • American Heart Association Start! Walking Program • NRH Fit Districts • Comprehensive Marketing Campaign • Mayor's Proclamation on the Initiative will be read in March, 2010. • Mayor's Fun Walk • Susan G. Komen's Race for the Cure • BISD Elementary Youth Fitness Pledge • A City Employee Olympic Style Challenge (Sportsfest) A.3 IR 2010-010 Discuss Transportation and Access Along State Highway 121/183 and Bedford Euless Rd. Craig Hulse, Economic Development Director presented a PowerPoint presentation and spoke on some potential improvements to I-820 and access along State Highway 121/183 and Bedford Euless Road that would benefit North Richland Hills. The North Tarrant Express (NTE) project consists of a series of major improvements to I-820 and SH 121/183 highway corridor in northeast Tarrant County. The majority of North Richland Hills falls along the 1-820 segment of the project, but a small significant amount also falls along SH 121/183, specifically the commercial areas along Bedford-Euless Road that borders the City of Hurst and Northeast Mall. Over time, this portion of North Richland Hills has experienced a reduction in economic activity, specifically a rise in retail vacancy and declines in both taxable sales and appraised property values. While various elements have contributed to these conditions, access from adjoining highways as well as internal site circulation and connectivity are considered major contributors. While the NTE is designed to help relieve regional traffic congestion, improve safety and pave the way for future growth in one of the country's most congested and fastest- growing regions; the timing is right to better understand the proposed designs and determine the feasibility of potential changes that would improve access and economic viability to this specific area. The City has the opportunity to consider a series of proposals that would determine feasible redesign scenarios that could be considered by TxDOT and commercial property owners. Although acceptance of geometric feasibility may be the first step of TxDOT's formal access modification process; further studies and plan preparation would be required for formal approval and implementation. Funds specifically dedicated for this effort were adopted in the FY 2009/2010 Capital Projects Budget. After brief discussion and questions by the Council, the consensus was to move forward. B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners Ltd vs City of North Richland Hills (No. 096-236530-09); 2) Arcadia Land Partners 25 Ltd et al vs City of North Richland Hills (No. 067-241297-09); 3) Venue at Hometown vs City of North Richland Hills, et al (No. 352-237213-09) Mayor Trevino announced at 6:10 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071 for consultation with attorney regarding pending litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096-236530-09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067-241297-09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213-09). C.0 Adjournment Mayor Trevino announced at 6:43 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 February 8, 2010 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Tom Lombard Tim Barth David Whitson Tim Welch Staff: Mark Hindman Jared Miller Karen Bostic Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mayor Mayor Pro Tem, Council, Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Assistant 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 RECOGNITIONS) -NATIONAL ENGINEERS WEEK PROCLAMATION PRESENTED BY COUNCILMAN WELCH Councilman Welch presented the National Engineers Week Proclamation to Mike Curtis, Managing Director and invited all Engineers present in the audience to please come forward and join him at the podium so that they all could be recognized. A.4 SPECIAL PRESENTATION(S) AND RECOGNITIONS) - ANNUAL BUNNY AND BEAR DRIVE PRESENTED BY HALEY WHATLEY Ms. Haley Whatley presented the Council with a memento from her 10th Annual Bunny & Bear Drive benefiting Cook Children's Medical Center in Fort Worth. Ms. Whatley was recognized in Washington DC as one of the Texas Top Two Youth Volunteers. A.5 CITIZEN PRESENTATION Mayor Pro Tem Turnage announced that Mr. Noel Jones asked to speak on the 2010 Federal Legislative Positions (Item F.2). Mayor Trevino announced that because the item was on the agenda it could not be addressed during citizens presentation. Mayor Trevino asked Mr. Jones to email Council with his concerns. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JANUARY 25, 2010 CITY COUNCIL MEETING B.2 PW 2010-008 AUTHORIZING THE CITY MANAGER TO SIGN A GRANT AGREEMENT FOR THE CITY'S TRAFFIC SIGNAL ADAPTIVE SYSTEM CIP PROJECT ST1004 - RESOLUTION NO. 2010-010 AND REVISE THE 2009/2010 CIP BUDGET FOR PROJECT ST1004 COUNCILMAN LEWIS MOVED TO APPROVE THE CONSENT AGENDA, MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.1 GN 2010-008 CONDUCT A PUBLIC HEARING FOR THE 36TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPROVED Mayor Trevino opened the Public Hearing. Ms. Elizabeth Reining, Assistant to the City Manager, presented the item. The City participates in the CDBG program and each year the City must prepare and submit a CDBG program outlining the use of the funds in accordance with HUD guidelines. The City is proposing to use the funds for the 36th CDBG program in the following manner: • $214,995 for the design and reconstruction of a portion of the 3900 and 4000 blocks of Honey Lane (approximately 400 feet starting 400 feet north of Harmonson Road and going north). • $45,000 to be allocated and used for the rehabilitation of residential homes located within the target area identified by the most recent census as being low to moderate income. The City has submitted application to Tarrant County who administers the program. The City is required to hold a public hearing to receive comments and input from citizens regarding the proposed 36th CDBG program. Following the public hearing, a resolution to approve the program is required. Mayor Trevino called for comments on the 36th year CDBG program. There being no one wishing to speak, Mayor Trevino closed the public hearing. C.2 GN 2010-009 APPROVE 36TH YEAR (2010/2011) COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -RESOLUTION NO. 2010-009 (THIS ITEM IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.1) APPROVED Ms. Elizabeth Reining, Assistant to the City Manager presented the item. Item is the second part of the CDBG process. Following the public hearing, the City Council is required to take action on the projects to be included in the 36th year CDBG entitlement program. The funds will be used as presented in Agenda Item C.1 above. COUNCILMAN SAPP MOVED TO APPROVE GN 2010-009; RESOLUTION N0. 2010-009. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PLANNING & DEVELOPMENT D.1 GN 2010-010 AMENDING SIGN REGULATIONS ESTABLISHING REQUIREMENTS FOR DIGITAL BILLBOARDS ALONG FREEWAYS -ORDINANCE NO. 3086 APPROVED Dave Pendley, Building Official, presented the item. This amendment to the sign regulations would provide a method for replacing existing billboards located along Loop 820 and Highway 121 with digital billboards. The amendment will allow existing billboards to be upgraded with new digital technology and provide drivers with a fresh, modern look as they pass through the city. The amendment will also provide additional advertising opportunities for the City and local businesses. The proposed changes will only allow the upgrade of existing off premise billboard signs, the changes will not allow new billboard signs to be constructed. The amendment will allow companies to update and modernize their aging structures by replacing their signs with digital technology provided they upgrade their support structures with decorative, aesthetically pleasing, finish materials. COUNCILMAN WELCH MOVED TO APPROVE:ORDINANCE_ NO. 3086. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. PUBLIC WORKS E.1 PW 2010-006 APPROVE INTERLOCAL AGREEMENT BETWEEN THE CITIES OF NORTH RICHLAND HILLS, RICHLAND HILLS, FORT WORTH AND HALTOM CITY FOR THE DESIGN AND CONSTRUCTION OF THE BIG FOSSIL CREEK WASTEWATER OUTFACE SYSTEM IMPROVEMENTS AND THE TEMPORARY MAINTENANCE FOR THE EXISTING WASTEWATER OUTFACE SYSTEM APPROVED Mike Curtis, Managing Director, presented the item. The purpose of the Interlocal Agreement between the cities of North Richland Hills, Fort Worth, Richland Hills and Haltom City is to address two issues: 1. The design and construction of a new Big Fossil Creek Outfall Main. 2. The Operation and Maintenance (O&M) of the existing system until the new outfall main is completed. Council approved a similar version of this agreement during its May 18, 2009 Regular City Council Meeting. However, shortly after North Richland Hills, Richland Hills and Haltom City approved the agreement Fort Worth staff realized that a revision needed to be made to the agreement because it was determined that the Texas Commission on Environmental Quality (TCEQ) will hold the reporting agency responsible for sanitary sewer overflows. Originally the City of Fort Worth agreed to respond to any overflows that occurred from these lines and to report the overflows to the TCEQ. The revision now requires the city of origin for the wastewater contributing to the overflow to report the overflow to the TCEQ and the public if necessary. The interlocal agreement outlines the responsibilities of the four cities for the engineering, right-of-way acquisition, construction and project management for a new Big Fossil Creek Wastewater Outfall project. The cost allocation for each city is based on the percent of flow being contributed to the system by each city. The City of Fort Worth is requiring each city to be responsible to get its flow into the new outfall main. The City of Fort Worth will administer all phases (design, right-of-way, and construction) for this project and the other three cities will reimburse Fort Worth based on the percentages outlined in the agreement. MAYOR PRO TEM TURNAGE MOVED TO APPROVE PW 2010-006. COUNCILMAN .SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. E.2 PW 2010-007 ABANDON PUBLIC RIGHT-OF-WAY WITHIN LOT 8 OF BLOCK 1 OF THE OAKVALE ADDITION -ORDINANCE NO. 3087 APPROVED Greg VanNieuwenhuize, Assistant Public Works Director, presented the item. In 1970, a 25-foot wide strip of land along the eastern property line of Lot 8 of Block 1 of the Oakvale Addition was dedicated to the City of North Richland Hills as public right-of-way (ROW) as a requirement for development. Deed records indicate that this strip of land was to serve as half of a future street in this area; however, over the past 40 years no street improvements were ever constructed. A street connection at this location is neither shown on the Master Thoroughfare Plan nor is it necessary to serve the residents in this area of the City. The property owner is now requesting the City abandon the 25-foot wide street ROW located along the eastern property line of Lot 8 of Block 1 of the Oakvale Addition. As the ROW was dedicated by a previous property owner at no cost to the City as a condition of development, staff recommends allowing the ownership of the land to revert back to the current property owner with no compensation to the City. COUNCILMAN WELCH MOVED TO APPROVE PW 2010-007; ORDINANCE NO. 3087. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. GENERAL ITEMS F.1 GN 2010-011 CALLING MAY 8, 2010 CITY COUNCIL ELECTION AND AUTHORIZING A JOINT ELECTION AGREEMENT WITH OTHER TARRANT COUNTY POLITICAL SUBDIVISIONS AND CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY -RESOLUTION NO. 2010-008 APPROVED Ms. Patricia Hutson, City Secretary, presented the item. The Resolution orders the City's General Election for May 8, 2010 for a Mayor and Council Places 2, 4, and 6 for two-year terms of office, establishes voting locations, provides for the appointment of election officials, provides for early voting and election day procedures and authorizes the Mayor to execute a contract with Tarrant County for election services. Tarrant County has requested those governing bodies holding a May election to enter into a joint election agreement and contract with the County for election services. The election will be held jointly with the North Richland Hills Crime Control & Prevention District Election and other Tarrant County cities and schools with Tarrant County administering the election. With the passage of SB 1970 during the last legislative session, the election order and notice must state the location of each early voting location. After Tarrant County has finalized all early voting locations, the City Council will need to approve an amended resolution that lists the locations of each early voting location throughout the County. COUNCILMAN LOMBARD MOVED TO APPROVE RESOLUTION NO. 2070-008. COUNCILMAN LEWIS SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2010-012 APPROVE 2010 FEDERAL LEGISLATIVE POSITIONS APPROVED Karen Bostic, Assistant City Manager presented the item. As in previous years, four guiding principles were used to determine positions on city-related issues: The four auidina principles used to develop the legislative program are: • Support for local control; • Insurance of a predictable and sufficient level of revenue to manage local affairs; • Opposition of unfunded mandates; • Support of legislation that increases the quality of life for citizens of North Richland Hills. The City's positions on various issues fall into the following categories: Protecting Local Programs, Powers and Revenues • Telecommunications & Information Technology • Community Development Block Grant • Energy Efficiency and Conservation Block Grant Protecting the Homeland • Public Safety & Homeland Security Unfunded Mandates • Transportation Public Safety Collective Bargaining • Immigration Reform • Healthcare Reform COUNCILMAN LEWIS MOVED TO APPROVE GN 2010-012. MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.3 GN 2010-013 APPROVAL OF THE ONE-YEAR RENEWAL OPTION AND AMENDMENT TO THE IRON HORSE GOLF COURSE MANAGEMENT AGREEMENT APPROVED Vickie Loftice, Managing Director, presented the item. The management services at Iron Horse Golf Course have been provided contractually since its first year of operation. The services have been provided through the years by Evergreen Golf Limited, L.P. a Delaware limited partnership. The most recent Management Agreement was for a three year period beginning in January 2007 with two, one-year renewal options. Staff is recommending execution of the first one-year renewal option with the following amendment to the existing agreement: Page 5, 3 (b) the addition of: Notwithstanding anything else to the contrary in this Agreement, City shall not be responsible for and shall not be required to reimburse EAGLE for the cost of employee claims, attorney fees or litigation expenses arising out of claims for race, sex, age, or other discrimination alleged to have been committed by EAGLE. The proposed one-year optional extension to the Management Agreement will have a January, 2010 effective date and terminate on December 31, 2010. At the end of the first renewal option the City may opt to renew the second one year option for 2011 and renegotiate or issue Request for Proposals for 2012. COUNCILMAN SAPP MOVED TO APPROVE GN 2010-013, COUNCILMAN B~ARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-~. F.4 GN 2010-014 LICENSE AGREEMENT WITH ENTERPRISE TEXAS GAS SERVICES COMPANY FOR A GAS PIPELINE IN FOSSIL CREEK PARK AND IRON HORSE GOLF COURSE APPROVED John Pitstick, Planning and Development Director, presented the item. The item is a license agreement with Enterprise Texas Gas Services Company to construct and maintain a 30 inch gas pipeline through Fossil Creek Park and Iron Horse Golf Course. A separate item is also on the agenda for approval of a license agreement with Texas Midstream Gas Services Company to construct and maintain a 24 inch gas pipeline in the same 20 foot wide easement. Enterprise Texas and Texas Midstream are sharing the same 20 foot wide easement and separating the pipelines vertically. The entire gas pipeline will be bored within the Iron Horse Golf Course property. There is a small section on the southern end of Fossil Creek Park that will require an open cut and a staging area for the long bore made northward. Both license agreements with Enterprise Texas Gas Services Company and Midstream Gas Services Company are fora 20 year timeframe. License fees include $2.25 per square foot of permanent licensed area which includes a 20 foot wide easement for a length of 4,272 linear feet. The license fees also include $1.00 per square foot for about 2.5 acres of temporary work space primarily in the southwest portion of Fossil Creek Park. This will total $305,105.50 in license fees for each gas pipeline. There will also be a total of $54,519 for tree mitigation in the Fossil Creek Park. The tree mitigation fee can be shared by both pipeline companies. Separate license fees will be charged to both companies for the license area and temporary work space. The City is also requiring the replacement of a post and cable fence in Fossil Creek Park with a split rail fence as part of the agreement. COUNCILMAN WELCH MOVED TO APPROVE GN 2010-014. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED ~-O. F.5 GN 2010-015 LICENSE AGREEMENT WITH TEXAS MIDSTREAM GAS SERVICES COMPANY FOR GAS PIPELINE IN FOSSIL CREEK PARK AND IRON HORSE GOLF COURSE APPROVED John Pitstick, Planning and Development Director, presented the item. This item is similar to the previous agenda item requesting approval of a license agreement with Texas Midstream Gas Services Company to construct and maintain a 24 inch gas pipeline in the same 20 foot wide easement. As indicated in the previous item both gas lines will be constructed within the same 20 foot wide easement, timeframe is for 20 years and license fees are the same as Enterprise Texas Gas Services Company. MAYOR PRO TEM TURNAGE MOVED TO APPROVE GN 2010-015. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED T-0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. The North Richland Hills Fire Department offers CPR classes once a month at the Fire Administration Building. The next class is scheduled from 1 p.m. to 5 p.m. on Saturday, February 13. The cost is $25. To sign up or get more information, please call 817-427- 6901. Early voting for the March 2nd Republican and Democratic Primary Elections will be held February 15th through 26th. In North Richland Hills, early voting will take place at the NRH Recreation Center, 6720 NE Loop 820. Early voting will also take place at several other locations in Tarrant County. For a complete list of voting times and locations, visit www.tarrantcounty.comlevote or call 817-831-VOTE. Kudos Korner -Debbie Heizer, Neighborhood Services Department. A resident called to commend Debbie for helping to solve a water drainage issue on their property. The family recently moved here from Georgia and they were thankful for all the help and support that Debbie extended. Keep up the good work! H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:57 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 2-22-2010 Presented by: Gregory Van Nieuwenhuize Agenda No. B.2 Subject: PW 2010-009 Approve an Amendment to the Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing) with Metroplex Barnet Shale LLC, Operating on Behalf of DDJET Limited LLP Summary: Chesapeake Exploration would like to assign a Public Right-of-Way Use Agreement to Texas Midstream Gas Services, LLC, an Oklahoma Limited Liability Company ("TMGS"). Additionally, TMGS would like to have the agreement's term changed to a 20 year term at the City's established price of $47.00 per linear foot. Currently the agreement is on an annual basis at $1.75 per linear foot plus an inflation escalator. Both the City staff and TMGS prefer the longer term fixed amount lease that is now the City standard. TMGS will remit a check in the amount of $7,191.00 to the City for the gas pipeline that was constructed in the City's public ROW. Background: On January 8, 2007, the City Council approved Resolution No. 2007-002 which authorized the City Manager to execute a Public Right-of-Way Use Agreement (Natural Gas Pipeline Crossing) with the Harding Company. This Agreement ("Harding Company Agreement") was for the pipeline that connects the Graham Gas Well drilling site with an existing Exxon Mobil gas pipeline located southwest of the intersection of Rufe Snow Drive and Chapman Road (connection location is actually in Watauga). On March 24, 2008, the City Council approved Resolution No. 2008-016 which authorized the City Manager to execute an agreement which assigned the Harding Company Agreement to Metroplex Barnet Shale LLC, operating on behalf of DDJET Limited LLP. Since March of 2008, the City Council has adopted various Ordinances which have revised Chapter 104: "Gas Well Drilling and Production" of the City Code. Additionally, Chesapeake Energy Corporation through Chesapeake Exploration, LLC purchased the assets of DDJET Limited LLP. The relevant changes to Article IV: "Gas Pipeline Installation" in Chapter 104: "Gas Well Drilling and Production" of the City Code (via Ordinance No. 3083) are related to the Right-of-Way Uses Fee collection amount and the corresponding term of agreement. In accordance with the Ordinance in affect in January 2007, the Harding Company Agreement stipulates an annual Right-of-Way Uses Fee collection amount of $1.75 per linear foot of gas pipeline constructed in the public ROW. This $1.75 was to be indexed annually with the Dallas-Fort Worth Consumer Price Index and correspondingly this fee was to be collected annually. (Initially, this fee amounted to $270 as the gas pipeline crossed approximately 153 linear feet of public ROW.) However, collecting this fee has not been very cost effective for the City nor has it been cost effective for the gas pipeline company. Consequently, the City Council adopted Ordinance No. 3083 which changed both the Right-of-Way Uses Fee collection amount and the term of future gas pipeline ROW use agreements. In accordance with this change, gas pipeline companies are presently required to remit $47.00 per linear foot of gas pipeline proposed to be installed in public ROW -this amount is associated with the costs incurred by the City over a 20 year period. Presently, Chesapeake Exploration would like to have the Harding Company Agreement (which is presently assigned to "Metroplex Barnett Shale LLC, Operator of record, acting on behalf of DDJET Limited LLP") assigned from DDJET Limited to another Chesapeake entity. Specifically, Chesapeake Exploration would like to assign this agreement to TMGS. Additionally, TMGS would like to have the agreement's term changed to a 20 year term. TMGS is agreeable to remitting the City $47.00 per linear foot of gas pipeline that was constructed in the City's public ROW. As this pipeline extends 153 lineal feet within public ROW (Chapman Road and Rufe Snow Drive), TMGS will remit a check in the amount of $7,191.00 to the City. The enclosed "First Amendment to Public Right-of-Way Use Agreement" addresses the following issues: • Assigns the agreement from "Metroplex Barnett Shale LLC, Operator of record, acting on behalf of DDJET Limited LLP" to "Texas Midstream Gas Services, LLC, an Oklahoma Limited Liability Company" • Extends the agreement for a period of twenty (20) years • Requires Chesapeake Exploration to remit to the City the sum of $47.00 per linear foot based on the linear foot of gas pipeline constructed within the City's public ROW ($7,191.00 total) Both Chesapeake's attorneys and the City Attorney have reviewed and approved the enclosed "First Amendment to Public Right-of-Way Use Agreement". Recommendation: Approve the "First Amendment to Public Right-of-Way Use Agreement" and authorize the City Manager to execute such amendment. FIRST AMENDMENT TO PUBLIC RIGHT-OF-WAY USE AGREEMENT That certain PUBLIC RIGHT-OF-WAY USE AGREEMENT (NATURAL GAS PIPELINE CROSSING) as approved and adopted by City Council in resolution number 2007-002 on January 8, 2007 ("Agreement") is hereby amended by and between the CITY OF NORTH RICHLAND HILLS ("CITY"), a home rule municipal corporation organized under the laws of the State of Texas and acting by and through Mark Hindman, its duly authorized City Manager, and DDJET Limited, LLP, a Texas Limited liability partnership by its general partner, CHESAPEAKE EXPLORATION, LLC, an Oklahoma company, ("COMPANY"), acting by and through James C. Johnson, Senior Vice-President- Marketing. 1. The following statements are true and correct and constitute the basis upon which the CITY and COMPANY have executed this First Amendment. A. COMPANY has constructed improvements as contemplated by the Agreement in the CITY's Rights-of-Way. B. COMPANY and CITY entered into the Agreement for an initial term of five (5) years as found in Clause 3. C. The Agreement referred to herein was originally entered into by the City and the Harding Company and the first Assignment of the Agreement from "Harding Company" to "Metroplex Barnett Shale LLC, Operator of record, acting on behalf of DDJET Limited LLP" was previously approved by the CITY in resolution number 2008-16 on March 24, 2008. D. CITY has recently adopted an ordinance requiring the term of license agreements to be for a period of twenty (20) years. 2. The Agreement is hereby amended as follows: A. COMPANY, in accordance with CITY's Ordinance No. 3083 passed and approved on December 14, 2009, shall remit to the CITY aRight-of-Way Uses Fee for this twenty (20) year time period. This pipeline uses fee shall be the sum of $47.00 per linear foot based on the linear foot of gas pipeline constructed within the CITY's public right-of-way as indicated in the Agreement. B. CITY and COMPANY hereby extend said license agreement for a period of twenty (20) years. Thus, the expiration date of the initial term shall be 11:59 PM CST on January 11, 2030. C. CITY consents to a second Assignment of the Agreement from "Metroplex Barnett Shale LLC, Operator of record, acting on behalf of DDJET Limited LLP" to "Texas Midstream Gas Services, LLC, an Oklahoma Limited Liability Company". D. All other terms of the original agreement stand as originally approved and adopted. EXECUTED as of the later date below: CITY OF NORTH RICHLAND HILLS Mark Hindman City Manager Date DDJET Limited, L.L.P. By: CHESAPEAKE EXPLORATION, L.L.C. James C. Johnson Sr. Vice President -Marketing Date APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 2-22-2010 Presented by: Jimmy Cates Agenda No. B.3 Subject: PW 2010-010 Approve Interlocal Agreement with the City of Richland Hills for Wastewater Collection and Disposal and Authorize the City Manager to Sign the Agreement Recently the Public Works Department implemented a program for identifying infiltration/inflow (I&I) in the City's sanitary sewer system. While conducting field investigations under the program, the department identified several properties located in the City of Richland Hills that are connected and disposing wastewater into the City of North Richland Hills' sanitary sewer system. The department also identified several properties located in the City of North Richland Hills that are connected and disposing wastewater into the City of Richland Hills' system. Although the individual property owners are paying for their sewer service they are paying the wrong city. The property locations are identified in Exhibit A (Location Map) of the attachment and listed individually in Exhibits B and C. After several meetings with the City of Richland Hills, staff from both cities recommended that an interlocal agreement be developed and approved to allow each respective city to collect payment for the collection and disposing of wastewater from properties that are connected to their sewer system. North Richland Hills has 100 property connections that are located in Richland Hills that are connected to our system and Richland Hills has six property connections located in North Richland Hills that are connected to the Richland Hills system. Staff did review other options to address this situation such as installing metering stations and constructing additional main lines, but the costs was considered too high and in some cases, not feasible. The interlocal agreement provides methods that allow for billing of the wastewater connections. Each city will continue to collect and dispose of the wastewater from the customers located outside of their city. On a monthly basis, each City will invoice the other City for their customer's wastewater for payment. Rates applicable for each city will be the basis of cost for payment. Recommendation: Approve Interlocal Agreement with the City of Richland Hills for Wastewater Collection and Disposal and authorize the City Manager to sign such agreement. QF?3fa'f~~~L INTERLOC_AI., AGREEMENT FC3R PROVISION OF WASTEWATER COLLECTION AND DISPOSAL FACILITIES AND SERVICES STATE OF TEXAS COUNIT OF TARRANT This Agreement is entered into by and between the City of North Richland Hills, Texas, a home rule municipality located in Tarrant County, Texas, operating herein by and through its duly authorized City Manager, Marls Hindman, and the City of Richland Hills, Texas, a home rule muniapality heated in Tarrant County, Texas, operating herein by and through its duly authorized City Manager, lames Quin. A. DEFLNITIONS 1. "Area 1" is the area located. within Richland Hills shown on the attached Exhibit A, and described in the description attached hereto as Exhibit B. Z. "Area 1 Improvements" are the improvements located in Area 1, as defined herein. 3. "Area 2" is the area located within North Richland Hills shown on the attached Exhibit A, and described in the description attached hereto as Exhibit C. 4. "Area 2 Improvements" are the improvements located in Area 2 as defined herein. 5. "Force maj eure" is an actof God or a public enemy, war, riot, civil commotion, insurrection, terrorism, stxike (unless caused by acts or omissions of the party asserting same), govemmentai or de facto governmental. regulatory ar eminent domain action (unless causes by acts or omissions of the party asserting soma), fire, drought, explosion, flood, or other natural catasirophe. 6. "NoxthRichlandHills"is the City ofNorthRichlandTlilis,ahome-rulemunicipalitylocated in Tarrant County, Texas. 7. "Richland Hills" is the City of ltichiand I-illis, a Name-n~1e municipality located in Tarrant County, Texas. B. RECITALS WF~REA.S, Richland Hills has permitted development of the Area 1 Improvements in Area 1, and sigtrif cant development has already been completed there; anal WHEREAS, Ri chl and Hills provides wastewater collection and disposal services in Area 1, but Richland Hills' wastewater lines in Area 1 flows into the North Richland Hills. wastewater collection and disposal system; and WHEREAS, there currently exists excess capacity in the wastewater collection and disposal system of Nalth Richland. Hills which can be utilized w accept the wastewater flow from Area l and the Area 1 Improvements; and WHEREAS, North Richland Hills has previouslybeen accepting such wastewater flow from Area 1; and WHFR RAS, North Richland Hills iswiiling to continua to accept such wastetivater flow from Area 1 and the Area. l Improvements on the same terms as other customers of the North Richland Hills water and wastewater system; and Wl`IERLAS, North Richland Bills has permitted development. of the Area 2 Improvements in .Area 2, and significant development has already been completed there; and WHFRF.AS, North Richland Hills provides wastewater collection and disposal services in Area 2, but North Richland Hills' wastewater lines in Area ?flows into the Richland Hills wastewater collection and. disposal system; and WHEREAS, there currently exists excess capacity in the wastewater collection and disposal. system of Richland Hills which cast be utilized to accept the wastewater flow from Area 2 and the Area 2 Improvements; and WHEREAS, Richland.Iiilishas previauslybeenacceptingsuch wastewater flow from Area 2; and WHEREAS, RichlandHills is willing to continue to accept such wastewaterflow from Axea 2 and the Area 2 Improvements on the same terms as other, customers of the Richland. Hills water and wastewater system; and WHEREAS, Chapter 751 of the Texas Govemrnent Coda (the "Interlocal CaoperatianAct"} authorizes municipalities to enter into interloeal agreements fnr the providing of governmental functions and services, includingbut not limited to wastewater collection and disposal services;and. WHEREAS, the parties hereto deem it to be to their mutual barefit and to the b enefit of the health, safety and welfare of their respective citizens to enter into this Tnterlocal Cooperation Agreement toprovide forthe continued acceptance ofwastewater flowbyNorthRichlandHills from Area 1 and the Area 1 Improvements, and to provide for the continued acceptance of wastewater flow by Richland Hills-from Area 2 and the Area 2 Improvements under the terl=ls and conditions set forth herein; AGRElEN1RN1' FOR WASTEWATER SERVICES F E'riVSEN NORTH RICIII.AND HILLS AND RICBLAND HILLS Pagc 2 N lltichlcnd ~lts\AA,rreme~vts~North ILic3dand HAIs F'atu and w~tewatc• Fac7iiies AgieementtYa.1.26.10.Snat.wpd NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, North Richland Hills and Richland Hills, far good and valuable consideration, specifically, themutualpromisesand agreemcntscontained herein, da herebycontract, covenant and. agree as follows: C. TEItlVf OF AGREEMENT AND CONDITIONS PRECEDENT That Nordr Richland Hills and Richland Hills do hereby covenant and agree as follows: 1. Purpose. The purpose of this Agreement is to provide far the efficient provision of wastewater collection and disposal service to properties located in Area 1 and the Area 1 Improvements as defined herein by Richland Hills by continuing the agreement of North Richland Hills to accept such wastewater flow, until such tuna as Richland Hills car. adequately provide such services in that azea, and to pxovide for the efficient provision. of wastewater collection and. disposal service to properties located in Area 2 and the Area 2 Improvements as defined herein by PvTarth RiehlandHil3s by continuing the agreement of Richland Hills to accept such wastewater flow, until such time as North Richland Hills can adequately provide such services in that area, and for the protection of residents and occupants of both Area 1 and Area 21ri order that the development of said properties may be made in a healthful and safe mariner. 2. North Richland Hills agreement to accept wastewater flow from Area 1. a. Agreement to accept wastewater flow. l~lorth Richland H;lls agrees to accept the wastewater flow from Area 1 and the Area 1 Improvements located in Richland Hills for so long as Richland Hills requests, or until this Agreement is terminated as provided in paragraph 20 below. b. Repair and monitoring responsfbilities. Richland IT311s shall be responsible for repairing any of the wastewater collection and disposal facilities located in Richland Hills necessary to deliver the wastewater flow from Area i to North Richland Hills' wastewater system, provided, however, that nothing contained herein shall be construed as expanding Richland. Hills' liability under r~risting law to any Hurd parties, including the owners ar residents, tenants, or operators of properties within Area I beyond those otherwise impaled upon it as a municipal corporation under applicable law, or as waiving any governmental rmmumty Richland Hills is accorded under applicable law, or waiving arty damage limitatrons, caps or other legal protections provided by applicable law, c. Bllling and collection responsibilities. (1) lYIetering, invoking and collection from customers. Richland Hills shall invoice the customers irr Area i being serviced pursuant to this Agreement as i f such customers were being serviced entirely by Richland Hills' wastewater collection. and disposal system, and AGREEhrEb"FNORW,~7Z;wATERSERVrCESBETWEEhth"ORTnRICrrLAYIDHrI.ISAiYDRICSLANB.H1Lrs pa~c3 FV,~liichlwd r511siA~eementrlldcxth RichlendHil6 Watumd Wtsceweta'.FacliNesA$rctn'~enLlgs.S.24.10.fmcLwpd Richland Hills shall be responsible for all metering and other data collection necessary to determine the amount due from any customers in such area, and for all collection efforts. It is the intent of this Agreemen# that, for purposes of Richland Hills' relationship with such customers, the customers in Area 1 be treated as ifthey were cormected to the Richland Hills wastewater collecrion and disposal systems, (2} Payment by Richland HiI1s to A'orth)r2ichland Hills. However, forpurpases of this Agreement, Richland Hills agr~s to pay to North Richland Hills the applicable changes for all wastewater customers uxArea 1 atNorthRichland Hills' tllenprevailurgwastewaterrates, less a ten percent (1 U°lo) offset for metering, administrative and collation.services provided by Richland Hills under this Agreement. Richland Hills shall pay North Richland Hi11s all such charges no later than the 30th day of each month far the charges accrued the previous month. (3) Riskofnon-payment bycustamers. Richlandl-iillsshalIpayNorthRichlandllills as provided herein regardless of whether Richland Hills has collected such charges from any or all of the customers in Area 1. In other words, Richland Bills assumes the risk of non- payment by any customer in Area 1, and agrees to pay North Richland Hills for all wastewater collection anddispasal services providedto the customers insuch arearegardless of whether Richland Hills has collected for such fees. d. Cooperation regarding repairs. Richland Hills agrees to cooperate with Norih Richland Hills in any efforts of North Richland Hills to repair the wastewater. collection and disposal system facilities of North Richland Hilts which accept wastewater flow from Richland Hills. 3. Richland Hills agreement to accept wastewater flow from Area 2. a. Agreementtoacceptwastewaterflow.l2iehlandHillsagreestoacceptihewastewaterflow .from Area 2 and the Area 2 Improvements located in North Richland Hills far so long as NorthRichlandlliitsrequests, oruntilthis Agreementisterminated asprovided itaparagraph 20 below. b. Repair and monitoring responsibilities. North Richland Hills shall be responsible for repairing any of the wastewater collection and disposal facilities located in North Richland Hills necessary to deliver the wastewater flow fiam Area 2 to Richland Hills' wastewater system, provided, however, that nothing contained herein shall be construed as expanding North Richland Hills' liability under existing law to any third parties, including the owners or residents, tenants, ar operators of ptroperties within Area 1 beyond those otherwise imposed. upon it as a municipal corporation under applicable law, or as waiving any governmental immunity North Richland Hills is accorded under applicable law, or waiving any damage limitations, caps or other legal protections provided by applicable law. AGREEMENTEORWASTEWATERSERVrCFSHh'!'V+'EENNORTnRICHGANDHn.LSANURIC3ff.ANnrULrS Paged 4J9RieStand HiItslAAyrearxntslNorth rNchtand rIills Wahx and WaslewaterFaa'lidu Agcn,n,t,tgs.1.~6.1.o.5nal.wpd c. Billing and collection responsibilities. (1) Metering, invoicing and collection from customers. North Richland Hills shall invoice the customers in Area 2 being serviced pursuant to this Agreement as if such customers were being serviced entirely by North Richland Hills' wastewater collection and disposal system, andNarthRichlandHillsshall beresponsiblefor allmeteling andotherdata collection necessary to determine the amount due from any customers in such area, and for all collection efforts. It is the intent of this Agreement that, for purposes of North Richland Hills' relationship with such customers, the customers in Area. 2 be trEated as if they were connected to the North Richland Hills wastewater collection and disposal systerus. (2) paymeutbyNorthltichlandHillstoRicitlandHUls. However,forpurposesofthis Agreement, North Richland Hills agrees to pay to Richland Hills the applicable charges for all wastewater customers in Area 2 at Richland. Hills' then prevailing wastewater rates, less a ten percent (10%) offset for metering, administrative and collection services provided by North Richland Hills under this Agreement. (3) Riskafnon-paymentbycastomers. NarthRichlandHillsshallpayRichlaudHills as provided herein regardless of whether North Richland Hills has collected such charges from auy or all of the customers in Area 2, In other words, North Richland Hills assumes the rick afnon-payment by any customer in Area 2, and agrees to pay Richland Hills for all wastewater collection and dispasalservices provided to the customers in such arearegardl~s of whether North Richland Hills has collected far such fees. d. Cooperation regarding repairs. North Richland Bills agrees to cooperate with Richland Hills in any efforts of Richland Hills to repaix the wastewater collection and disposal system facilities of Richland Hills which accept wastewater flow from North Richland Hills. 4. Regulatory control It is understood and agreed by the parties hereto that regardless of whichcityisprovidingservices as describedherein, thedevelopmentregulatsonsofthe cityinwhich the property is located shalt be applicable to the development of the properties covered by this agreement, and thatthe otherparty shall have no control over the approval of said. development other than as it directly relates to the providing of rho services contemplated herein. 5. Wastewater Inspection, Sampling and Testing. Each city party to this Agreement shall have the right to inspect, test, sample and otherwise monitor the wastewater flow being received. from each customer connection. Customer wastewater connections within Richland Hills which flow into the sanitary sewer system of Korth Richland Hills must meet the>•equirements established by the North Richland Hills Code of General Ordinances, Chapter 78, Article IV, Sanitary Sewer System for Disposal of Wastewater, and all requirements established by the Texas Commission on Environmental (luality for disposal of wastewater. Customer wastewater connections within North Richland Hills which flow info the salutary sewer system of Richland Hills must meet the requirements established by the Richland Bills Cods of C?rdiuances, Chapter 11, Article IV, AGREE.MEN'r FOR wAS'tEwAT)R SERVICES aECR'ESN YORTH RICHLAND rrII.LS AND R[CHLAND HILLS Yage 5 FV:tRicldand Hi11s1AgreensntslNorthRichlan~ HiVls Water an8 Wastewater Fm.ilities Agnxtrcn4tgs.1.26.10.final.wpd Plumbing Codc, and all requirements established by the Texas Commission an Envixonmental Quality for disposal of wastewater. Faihrre to meet the above-stated requirements may reqult in the teruxination of taxis Agreement. 6. No joint enterprise. No provision of this Ageement shall be construed to create any type of joint ownership of any property, nor shall same be deemed to create a partnership, }Dint venture or other ageement which would be construed as granting partial control, ownership of or equity iu the facilities described herein. It is understood and agreed that the facilities operated by Richland Hills shall be owned and controlled by Richland Hills, and that the facilities operated by hTorth Richhutd Hills shall be owned and controlled by North Richland Hills. ~xlthermore, the parties hereto acknowledge and ogee that the doctrine of respondent superior shall. not apply between the cities. 7. Notate. Any notice, conxmmiication or request provided or permitted to be given by either party to the other party must be in writing and addressed as follows: If to Richland Fulls: City of Richland Hills Attention: City Manager 3200 Diana Dri~~e Richland Hills, Texas 7611$ If to North Richland Hills: City of North Richland Hills Attention: City Manager 7301 N.E. Leap 820 North Richlmtd Hills, T~ 761$2-0609 or to such other addresses as may be provided for in writing from time to time. 8. No waiver of immanaty or defenses. This agreement is made pursuant to Chapter 791 of the Texas Government Code. It is expressly understood and agreed that in the execution of this agreement, neither city waives nor shall. be deemed hereby to waive any immunity or defense that would otherwise he available to it against claims arising in the exercise of governmental powers and functions, or any damage limitation or other protection provided to municipalities under any applicable law. This section shall be liberally constrted to carry out the intent of the city councils of Richland Hills and North Richland FIills, and the cities do hereby invoke said governmental itxTmunity to the extent possible under the law, 9. No third party beneficiaries. It is understood by the parties that this Agreement is entered into for the mutual. convenience and purposes of the cities which are parties hereto, anal it is th.e AGREEMENT POR WASTEWATER SERVICES aF"I'VVEEti NORT$RtCH[.AlVTi HILrS A2~ R1CBx.AND Hrrr..4 Pageb W:1Richhrd AiilslAgreemectsll`tottIlRiclsland tills Wady and Wastewater Facilities Agreement.tgs.l.2b.iD.fmal.wpd parties' intent. that no other parties shall be construed as beneficiaries of this Agreement, including the owners, residents, or operators of progerty located in either Area 1 or Area 2, regardless of whether such persons are anticipated to be customers of either city under this Agreement. 10. Choice of Law and Venue. This Agreement shall be construed under the substantive laws of the Sta#e of Texas, without reference to its choice of law provisions. This Agreement is fully performable in Tarrant County, Texas, and venue for arty action arising understate law under this Agreement shall be the District Courts of Tarrant County, Texas. If any action relating to this Agreement is not properly brought in state court, venue sb.alI he the TJnited States District Court for 1be Northern District of Texas. 11. Severahility. In the event any section, subsection, paragraph, subparagraph, sentence, phrase, orword herein is held invalid, illegal, or unenforceable, the balance of this Agreement shall be onforceable, and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase, or word. In such event there shall be substituted for such deleted provision a provision as similar in terms and in effect to such deleted provision as may be valid, legal and enforceable. 12. Aatharity.'ThisAgreem~twasanthorizedbyResolutionoftheRicl~landHillsCityCouncil at its regular meeting on the day of , 20^, authorizing the Richland Hills City Manager to execute this Agreement on behalf of the City of Richland Hills, and by the Resolution of the North Richland Hills City Council at its regular nxeeting on the day of 20s, authorizing the North Richland Hills City Manager to execute this Agreement on behalf of the Gity of North Richland Hills. 13. Section ar Other Headings. Section or other headings contained in this Agreement are far reference purposes only and shall not affect in any way the meaning or interpretation of this Amended Agreement. 14. Amendment. This Agreement may only be amended, altered, or revoked by written instrument signed by the parties to such amendment. 15. Interpretation. Regardless of the actual drafter of this Agreement, this Agreement. shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for nor against any party. 16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shalt be considered an original, but all of which shall constitute one instrument 17. Farce 14iajcure. 1f by reasons of Force Majeure, any party will be rendered wholly or partially unable to carry out its obligations under this Agreement after its effentive date, then such party will give written notice of the particulars of such Force Majeure to the other party or parties within a reasonable time after the occurrence of such event. The obligations of the party giving such AGREE'.KSSZT POR WASTF.:wATER SERVICES aETWEEN NURTIr RICIIr,AND J3Ir.r.5 AtYD RrCfrLANA nI[.LS Page 7 W:Utichland Hi'11sMAgrearnentsWitillt RichlanJ Hills Wakr and Wastewafc Facilitles AgceemenLtgc.1.26.10.final.wpd notice; to the extent affected by such Force Majeure, will be suspended during the continuance of the inability claimai anal for no longer period, and any such party will in good faith exercise its best efforts to remove and over come such inability. I8. Mntual Assistance. The parties hereto agree to take all reasonable measures which are necessary or appropriate to carry out the terms anal provisions of this Agreement and to aid and. assist each other in carrying out such terms and provisions. 19. Recitals. The recitals to this Agreement are incorporated herein, and are intended to aid. in the interpretation of this Agreement. 2Q. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to fire same. 21. Termination. This Agreement may be terminated by either part,{ giving written notice to fire otherparty. Such termination will bs; effective 180 days following receipt of such written notice. REMAINDER OF PAGE INTENTI©NALLY LEFT BLANK AGREER~rFNr FOB, WASTEWATER SERVICES BTTWEFN NORTH k1iCTft,Ad'1D 1~dS AND RIC:HLAND ffi,LS knge 8 W:V2ichland 2tills~AgrtemR~mWorih Richland }rills Water and Weslewa+ErFaeilides Agi~etmentigs.l.2G.l0.fmai.wpd EXECUTED this duy of ~__ __~ 20_._ CITY OF i~ORTIi RICHI.At~D HTf ,7 S By: Mark Iiindman, City Manager ATTEST: Patricia Hutson, Cite Secretary APPROVED AS TO FORI4E AND LE(iALETY: George Staples, City Attorney AGRL~AfE[QT BOR WASTE'VYATER 9ERVTCES 9S'f WEED trORT$ W(~.AND H1LLR Ah'D RCCI[L'liH11111I~IS Page 9 TV:\Richland HilLslAgama:tslNorsh Richland Hills Water and Wastewater Fscslities Agceemert.xg5.1.2b.10 5nal.wgd Eh~Ct7TED this day of , 20_,-- GIT'Y OF RICHLAhTt HILLS Bv: James Quin, City Manager ATTEST: Linda Cantu, TMItC, City Secretary APPROVED AS TO FORM ArID LEGALITY: Tian G. Sralla, City Attorney AGREEhiENTFU1tWASTEWATF:RSERVICESBETR'EENNORTIIRiCHLANDHILI.SA.hDR1G`BI.ANDHI[.SS Pagn1U W:1Richlaad Hil'cslAg+xmentsll'forth Richland Hills 1Vata and WaemwatcrFaalitiu A~eenune~.126.10.finnl.~vpd n C C CITY LIMITS CITY OF RH SEWER LINES CITY OF NRH SEWER LINES LS ? i ~ ti 4 . t ~ ~ ,, , ~, ~- , H°~,~,,,, y , , r .. ,! ; ~ r a. k :8 ~` ~~ ~`~pp r' ~ ~,,, ~ _ ~ :a a ' `"' : • ` 4. . ~.~~r'~ r~~R~ -~~~~ i .;~'J~ ~~~y~,, :-... } ~•t"Y' tiv~J)~~~Y4~M1 ~7j[~( 'Y'~ ~p.~ ~ 1 ~ • .~ . T t ~ ~ .~(y+: ~~f, .i..•i J iF•rI f~l -'T, ~o-: ~+9Y K rare. I. ~~ ~1 ~ '~ ..~I~ ~~ bola ~~ >Mxxzl;~r It RICJiI.A.NI) I;iLLS FLOWING TQ ;v. RiCHL AM1A MILLS Residential 1. 3800 Cagle 49. 3809 Jennifer LeigJs CC Contmerciai 2. 3804 Cagle 50. 3811 Jennifer Leigh. Ct 1. 3917 Booth Calloway 3. 3808 Cagle 51. 3813 Jennifer Leigh Ct 2. 3925 Booth Calloway 4. 381.2 Cagle 52. 3815 Jennifer Leigh Ct 5. 38].6 Cagle 53. 3817 Jennifer Leigh Ct 3. 7600 <ilenview 6. 3820 Cagle 54, 381.9 Jennifer Leigh C:t 4. 7610 Glenview 7. 3824 Cagle 55. 3821 Jerurifer Leigh Ct 5. 7630 Gtem~iew 8. 3828 Cagle 56. 3823 Jennifer Leigh Ck 6. 7640 lenview 9. 3832 Gagle 57. 3825 Jennifer Leigh Ct 7. 7650 Glenview IU. 3836 Cagle 58. 3827 Jenniferi.eigh Ct 8. 7700 Crle~rview 11. 3900 Cagle 59. 7605 Jennifer Leigh Ci 12. 3908 Cagle Go. 7607 Jennifer Leigh Ct 13. 3916 (.;agle 61. 7609 Jennifer Le'sgh Ct t4. 3920 Cagle l2. 7611 Jennifer Leigh Ct 15. 3924 Cagle b3. 7613 Jennifer Leigh Ct 16. :1813 Baath Calloway G4. 7615 Jerurifer Leigh Ct 17. 3815 Booth Calloway G5. 7617 Jermifer Leigh Ct 18. 3817 Booth Calloway bb. 7fi19 Jennifer Leigh Ct 19. 3819 Booth Calloway 67. 7620 Jennifer T,eigh Ct 2U. 3821 BoathCalloway 68. 7621 Jemrifer Leigh Ct 2f. 3823 Booth Calloway b9. 7622 Jenniferl.xigh Gt. 22. 3825 Booth Calloway 70. 7623 Jennifer Leigh Ct 23. 3827 Booth Calloway 7}. 7624 Jerurifer Leigh Ct 24. 3829 Booth Calloway 72. 7625 Jennifer Leigh Ct 25. 3831 Booth Calloway 73. 7626 Jennifer Leigh Ct 26. 3833 Baath Calloway 74. 7627 Jennifer Leigh Ct 27. 3835 Booth Caliotvay 75: 7628 Jennifer Leigh Ct 28. 7620 Jennifer Dr 76. 7629 Jennifer Leigh Ck 29. 7621 Jennifee I}r 77. 7630 Jennifer Leigh Ct 30. 7622 Jennifer Dr 78. 7631 Jennifer Leigh Ct 3T. 7623 Jennif r T}r 79. 7632 Jennifer Leigh Ct 32. 7624 Jenrtiter Dr 80. 7633 Jennifer Leigh Ct 33. 7625 Jennifer Dr 81. 7634 Jennifer Leigh Ct 34. 7626 Jennifer Dr 82. 7635 Jennifer Leigh Ct 35. 7627 Jennifer Dr 83. 7636 Jenniter Leigh Ct 36. 7628 Jennifer [)r 84. 7637 Jennifer Leigh Ct 37. 7629 Jennifer Dr 85. 7638 Jennifer I,eiglt Ct 38. 7630 JermiCer Dr 86. 7639 .Tennifer high CY 39. 763T Jennifer Dr 87. 7640 Jennifer T,eiglr Ct 40. 7632 Jemrifer Dr 88. 7641 3ennifer Leigh Ct 41. 7633 Jennifer Dr 89. 7642 Jennifer Leigh Ct 42. 7634 Jennifer Ur 9U. 7643 Jennifer Leigh Ct 43. 7635 Jennifer Dr 44. 7637 Jennii'er Dr 45. 7639 Jennifer Dr 46. 7641 Jennifer Dr 47. 7643 .iennifer TJr EXHIBIT C N. RICHLAND HILLS t"LOWiNG TO RICHLAND HILLS COMMERCIAL 1. 7504 GRAPEVINE HWY. 2. 7508 GRAPEVINE HWY. 3. 7291 GLENVIEW DR. 4. 7295 GLENVIEW DR. 4a 7297 GLENVIEW OR. Strip Center 4b 7299 GLENVIEW DR. 5. 7301 GLENVIEW DR. _____ 8. 7341 GLENVIEW DR. CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 2-22-2010 Presented by: Gregory Van Nieuwenhuize Agenda No. B.4 Subject: PW 2010-012 Award Project RFB No. 10-015 to Humphrey & Morton Construction Co., Inc. in the Amount of $79,373.50 for the Construction of the 2010 Iron Horse Golf Course Drainage Improvements Project (DR1003) On February 2, 2010, a Bid Opening was conducted for the 2010 Iron Horse Golf Course Drainage Improvements Project. The project consists of correcting erosive action at the tee box for the 16th hole through silt removal and construction of a gabion wall along Singing Hills Creek as it borders the tee box. This project is one of several identified in the 1999 Iron Horse Golf Course Erosion and Sedimentation Control Master Plan. Staff placed the project's contract documents on the City's website. The Purchasing Department's bid page which contained the project's construction documents had "hits" from 60 different entities. Some of these entities were plan rooms which also send out project notices to their member contractors. Ten (10) contractors picked up project construction documents from the design engineer, DeOtte, Inc. Due to the specialized nature of the project, a Mandatory Pre-Bid Conference was held with all interested contractors on January 21, 2010. Eight (8) contractors attended the meeting, along with the design engineer, Public Works engineering and inspections staff, and a representative of Iron Horse Golf Course. The project received six (6) valid bids (one was invalidated due to the lack of acknowledgement of the addendum) which were opened during the February 2"d Bid Opening. These bids are provided below: CONTRACTOR NAME TOTAL BID Humphrey & Morton Construction Co., Inc. $ 79,373.50 ARK Construction Services, LLC $ 100,893.00 Linder Construction Company $ 117,780.00 Site Planning Site Development $ 129,437.00 Orval Hall Excavating, Ltd. $ 147,368.00 Land Constructors $ 161,927.95 The design engineering firm recommends awarding the contract to the lowest bidder: Humphrey & Morton Construction Co., Inc., who has performed CIP work in the City previously, including the reconstruction of the Holiday West Channel in 2005. There is sufficient construction funding for this project in the 2009/2010 Capital Projects Budget. The approved construction budget is $170,000. Recommendation: Award Bid No. 10-015 to Humphrey & Morton Construction Co., Inc. in the amount of $79,373.50 for construction of the Iron Horse Golf Course Drainage Improvements (2010) Project and authorize the City Manager to execute such agreement. Iron Horse Golf Course Drainage Improvements Iran Harse Golf Course Drainage Improvements _.. _ ~~ ---- _____._ ~II~~81 1 _. _. ~ ~n 7RUA t IURtiI GULF f t)7 "KtiIC t ~~ ~~pt3~yy ~,P `*, ,~ I t, ~ ~' '~, `'. ~ t `t E ~ ~t ~ ~ Y ~~. ~ , t 1 ~ ~r ~\~\ ,~ . t Ire ~'~'~ ~~ ~. .~ ~. ,. ,. ,~ ~~ ~~,, ~~ ~~~~ ~- ~ ~`~~ COQ' S~A~ ~ ~' ,x ! _ P~ ~~ ~ ~ x ~: ~ '~,~. ,~ ~ t ~,, -...., _._ e ~ i. ~ G., ... _ ~ ... ~:,.~ •.xJiWYtt~4E~9s1Y4tlwaoa N ~v ~- .. M . r: f S N~3RTH RICHL.A.ND HI~~L5 Fyraaject Lvcatr~r t;~9a~r ~, ~_. f.... CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: Larry Koonce Council Meeting Date: 2-22-2010 Agenda No. B.5 Subject: GN 2010-016 Granting Approval Corporation for the Use of the Proceeds of Revenue Bonds to Finance Home Mortgage the City -Resolution No. 2010-011 to the Tarrant County Housing Finance its Series 2009 Single Family Mortgage s for Single Family Homes Located Within At the January 25th meeting, City Council approved the Series 2010 and 2011 resolutions to allow North Richland Hills first time homebuyers to use the Tarrant County Housing Finance Corporation (HFC) Bond Program which provides a 5.05% mortgage rate with 3.0% grant for closing cost or down payment assistance. It was believed at the time of the January 25th agenda that approving the Series 2009 program was not necessary. It has since been brought to staff's attention that the Series 2009 program must be approved by Council in order to allow North Richland Hills residents to also take advantage of this program. Although this program closed in 2009, loans being made currently under the program are being originated using the Series 2009 funding. As the Council recommended, the link to this program has now been provided on the City's web site. Recommendation: Approve Resolution No. 2010-011. NF~H RESOLUTION NO. 2010-011 A RESOLUTION GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2009 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY. WHEREAS, pursuant to the Texas Housing Finance Corporations Act, Chapter 394, Local Government Code, V.T.C.A. (the "Act"), the creation of the Tarrant County Housing Finance Corporation (the "Corporation"), was approved by resolution of the governing body of Tarrant County, Texas (the "County"), adopted on the 14th day of April, 1980, to provide a means of financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for residents of the County at prices they can afford; and WHEREAS, in accordance with the Act the Corporation is not permitted to provide financing of home mortgages for homes which are located within a municipality with more than 20,000 inhabitants as determined by the Corporation's rules, resolutions relating to the issuance of bonds, or financing documents relating to such issuance, unless the governing body of the municipality approves the application of the Act to the property located within the municipality; and WHEREAS, the Board of Directors of the Corporation has requested the approval of the governing body of the City of North Richland Hills, Texas (the "City") to provide financing for home mortgages for homes within the City with the proceeds of the issuance of the Corporation's proposed Series 2009 Single Family Mortgage Revenue Bonds (the "Bonds"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the preambles to this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. SECTION 2. The governing body of the City hereby approves the application of the Act to the property within the City and grants its approval to the Corporation for the use of proceeds of the Bonds to finance home mortgages for single family homes located within the City. SECTION 3. This Resolution shall be effective from and after its passage. PASSED AND APPROVED this the 22nd day of February, 2010. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Larry Koonce, Director of Finance 2009Tarrant County HFC Bond Program Key Features The Tarrant County HFC Bond Program is dedgned to help qual~ed hams buyers purchase a home by providing affixed-rate ban with down payment and closing cost assistance. The grant does not have to be paid back. Loans under this program will be made on a first-come first-serve basis to qualified buyers through a participating Lender. • Twa Plain Benefits to the Homebuyer: 5.05%fixed mortgage rate. -> 3.00% down payment and closing cost assistance grant For example, on a S 100,000 loan amount, home buyers will receive 53.,000 in assistance. How a Homebuyer Qualifies: => Homebuyer must purchase a home within Tarrant County, excluding Keller and Grand Prairie. Homebuyer cannot have owned a home in the last three years as their primacy residence unless purchasing a home in a Targeted Area or is a Qualified Veteran. ~ Homebuyer's household income (combined income of those individuals executing the Deed of Trust) must not exceed the maximum limits"' set by the Program below: $66,000 for I-2 occupants 515,900 for 3 or more occupants ~ The purchase price of the home must not exceed the maximum limits'" set by the Program below: 5258,39 I Targeted Areas allowing increased purchase price and income iimin may apply. Ask your lender for decailz Homebuyer must occupy the home as their principal re~dence. -~ Homebuyer must apply through a partkipating Lender. • Cost for the program is 1.00°k Origination Fee and I.00% Discount Fee. Plus normal and customary fees. • FHA, VA and USDA loans only. • Can be stacked with city andtor eauctty DPA programs • Can be used in conjunction with the 58,000 tax credit To have a participating lender contact you concerning this Program, please email Mary pert-Kaelling at mar~,knejiinetF~tsw cam or call the horrtebuyer helpline at 87I.9$3.3T92 and provide the fallowing infarmatian: Yaur Mame • Yaur Phone Number • Yaur Email Address • Area that you are interested in purchasing a home Thank you for Yaur interest in the Program. CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 2-22-2010 Presented by: Larry Koonce Agenda No. B.6 Subject: PU 2010-004 Authorize the Purchase of a Backhoe Tractor Loader from Kirby- Smith Machinery in the amount of $69,050 In the FY 2009/2010 adopted budget, Council approved funding for the purchase of a backhoe tractor/loader to replace unit 502 which is a 1995 year model Case 580E backhoe/loader assigned to Utility Division of Public Works. All Capital equipment has a minimum replacement age of ten (10) years. Each piece is evaluated for replacement based on the frequency of use, type of use, number of like pieces of equipment in the fleet, condition of the equipment, the availability of parts and maintenance history. The backhoe tractor being replaced is 15 years old. The City of North Richland Hills is a member of several inter-local groups and utilized existing contracts with Landmark Equipment, Hi-Way Equipment and Kirby-Smith Machinery (formerly Continental Equipment) through Texas Multiple Award Schedule, the Local Government Purchasing Cooperative (BuyBoard) and Houston-Galveston Area Council (H-GAC) to request quotes based on specifications for the desired backhoe/loader required by the City of North Richland Hills. Kirb -Smith Machine Komatsu WB 146-5 $69,050.00 H-GAC Contract Kirb -Smith Machine Komatsu WB 146-5 $69,490.00 Bu Board Contract Landmark E ui ment New Holland B95B $73,058.00 H-GAC Contract Hi-Wa E ui ment Case 580 Series 2 $74,745.74 H-GAC Contract Each vendor's quote included atrade-in allowance for the old equipment. The bid price submitted by Kirby-Smith includes atrade-in amount of $11,000.00 for the 1995 Case 580E making their H-GAC quote the lowest price submitted. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. City staff evaluated the feasibility of replacing this tractor through the Public Entity Clean Vehicle and Equipment Grant Program. The purpose of this grant program is to reduce large amounts of nitrogen oxide (NOx) emissions and the grant funding is determined by the amount of NOx reduced. As with all clean fleet grants, the replaced vehicle or equipment must be salvaged. Based on the engine type and the annual fuel consumption, the amount of NOx emissions reduced for this tractor was low. The available grant funding was substantially less than the trade-in value of the tractor. The grant process also required tracking and reporting the annual fuel consumption for a ten year period to substantiate the amount of NOx reduced. Staff will continue to evaluate all grant programs and pursue those feasible. Funding for the backhoe tractor loader will be provided by bond proceeds from the 2010 bond sale scheduled for spring 2010. Recommendation: Authorize the Purchase of a Backhoe Tractor Loader from Kirby-Smith Machinery in the amount of $69,050. .~ ~ ~~ ~... ~„._ January 12, 2010 Jamie Brockway North Richland Hills North Richland Hills, Tx 76180 Dear Jamie Brockway We are pleased to quote the following for your consideration: ~1~,K.o[)Jai:U,f~'+~b~r~T~p.,Bs?Skr!9~,~,p~der~V~B 1465...~!!~I'<~.,N.I.~.,:~,~IV.F.~ch~Cy..QrS1gC,, Price: $80,050,00 The following factory and dealer options are included: „,~4" Backhoe bucket with teeth, *~^~,~~, [1!d Loader bucket with bolt on cutting edge, *, ,~,p~tiQC Bucket lift capacity-8,600 lbs., *_„~ga~pr, Bucket breakoutfarce- 13,224 lbs., $~~hhQe Bucket breakout force-13,087 lbs., *,,,pj~~r, Arm breakoutforce- 8,830 lbs. retracted, „,F¢~ (4) drive transmission, *,,. At~~ilj.~ry Boom/arm hydraulics, *,:,~ngl{Js~c(Cab with AJC and heater, *,,.}jQ Net 88 hp- Turbo charge engine, *.,..aa~ stabilizer- Ride control, ";..,_bheSh.~nlFal_Backhoe Bucket coupler, *,~~r~ tire and wheel, *,.~1~>K. Moving Vehicle sign, *,. prgrr)ie,C Extended Machinery Warranty 5 yr/~,000OHour warranty ";_,„T,q_be purchased through HGAC Cash Sale Price: $80,050.00 Less Trade Allowance: $11,OD0. Trade units}: 1993 Case 58D Super K, SN ]JG01718843 Price Complete, FOB Our Yard; $69,050.00 We believe the equipment as quoted will exceed your expectations. On behalf of Kirby-Smith Machinery, Inc„ thank you far the opportunity to quote your machinery requirements. Sincerely, Sol Gieser Texas -Governmental Sales Manager H-GAC CONTRACT: EM-06-09 'Subject to pricing and availability at time of order' File: North Richland Hills Komatsu WB 146-5, Proposal 1, 021110.doc CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 2-22-2010 Agenda No. C.0 Subject: PUBLIC HEARINGS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 2-22-2010 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-22-2010 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 2-22-2010 Presented by: Jimmy Cates Agenda No. E.1 Subject: PW 2010-011 Award a Professional Service Agreement to Lee Engineering LLC for the Davis Boulevard and Creek View Drive/Post Office Traffic Signal Project (ST1005) in an amount not to exceed $56,800. This Capital Improvement Project will consist of the design of a traffic signal light at the intersection of Davis Boulevard and Creek View Drive. The project design will also include re-configuring the Post Office Driveway to align with Creek View Drive. By aligning the Post Office driveway with Creek View Drive, a traffic signal light can be installed that will control access to and from the Post Office and Creek View Drive. This will help to improve motorists' safety at this location. Since the traffic signal light is being installed on Davis Boulevard, the design must be in accordance with the Texas Department of Transportation (TXDOT) specifications and must go through the state's review process. The new signal light will conform to the city's standards and include black powder coated signal poles and illuminated back lit street signs. Staff followed the City's policy for procuring professional services for the design of this project. Requests for Qualifications (RFQ 10-014) were sent out to qualified firms and placed on the City's website to view. A total of twelve (12) local engineering firms responded by submitting qualifications for review. A selection committee consisting of staff from Public Works, Human Resources, and the Police Department evaluated the twelve proposals and selected the top three firms based on each firm's design experience on similar projects, current work load, proposed project approach, and design schedule. The top three firms chosen by the committee were Lee Engineering LLC, Savant Group, Inc., and Freese and Nichols, Inc. Lee Engineering was selected as the top firm due to experience on similar projects, experience of personnel, and their overall approach to the design of the project. Lee Engineering has been in business since 1988 and has extensive experience in the design of traffic signals. Lee Engineering has also previously completed several projects for the City of North Richland Hills. All of these projects have been completed as scheduled and have met the City's design requirements. Attached is the agreement with Lee Engineering that outlines the scope of work for the project. Listed below are key tasks that are included in this agreement: Task 1 -Concept Plan for Relocation of Driveways and Reconfiguration of Post Office Parkin -Discuss the proposed design work with the Post Office. -Develop and submit a Preliminary Concept Plan of the proposed revisions to the City and Post Office. -Meet with City and Post Office personnel to discuss the Preliminary Concept Plan. -Produce a First Concept Plan for the Post Office Property and the intersection. Task 2 -Field Surveys: -Field surveys of the project area. Task 3 -Design Plans for Driveway Relocation and Traffic Signal Installation: -Discuss with the City any design issues, standards, and objectives. -Prepare preliminary roadway plans and submit to the City and TxDOT for review. -Revise preliminary roadway plans and develop traffic signal plans. -Develop plans for the construction of the traffic signal. -Develop timing plans for the traffic signal. Task 4 -Specifications Cost Estimate Dates, and Contract Documents: -Prepare required technical specifications and cost estimates. -Assemble required contract documents for the bidding and lettings of the project. Task 5 -Construction Assistance: -Assist in the project's bidding process. -Attend pre-bid and bid opening meetings. -Attend pre-construction meetings and review shop drawings. -Produce record drawings. There is sufficient funding for design services for this project. The 2009/2010 Capital Improvement Budget includes $65,000 for design. Recommendation: Approve PW 2010-011 Awarding a Professional Service Agreement to Lee Engineering, LLC for the Davis Boulevard and Creek View Drive/Post Office Traffic Signal Project in an amount not to exceed $56,800 and to authorize the City Manager to sign the agreement. 3c. i?tFRE'VdAl ~:~. 3 '~ :iU'TC 1 ui) 972/246.3DU6 FAX 972!246-3855 71711 FREE 6681298-3UU6 C ~: C~~ February 8, 2010 Mr. Jimmy Cates Public Works Operations .Mmtager City ofNorth Richland Hills 7200 A Dick Fisher Drive South North Richland Hills, Texas 76I80 Re: Dm~is Ilaulevttrd at Creek Ylety DrivelPast Off ice Drlvetincry S'ig~rul Desigrt Dear Mr. Cates: 1.ee Engineering is pleased to submit this proposal to provide professional engineering services for the City of North Richland Hills. 'fhe services outlived below include the preparation of design plans, specifications, and cost estimate data far the relocation of US Post Office driveway(s) to the Creek View Drive httersection and the sigualiration of the Davis Boulevard and Creek View DrivelPost Office Driveway intersection in North Richland l ills. "T'he plans will be prepared according to TxDOT and City of North Richland Hills renuiremettts for letting by the City. This letter will bean agreement between the City of Nuith Richland Hills and Lee Engineering, LLC {LEE) to provide the services outlined in the Scope of Services below. SCOPE OF SERVICES Task I --Concept Plan for Relocation of Driveway{s) and Reconfiguration afPost Office Parking • LEE will contact the Post Office to discuss the proposed design work included as part of this project and to determine their design preferences, including number of driveways, parking configuration and h•affic circulation. ~Ve will discuss the results of this discussion with City staff, • Based on these discussions, LEE rxill develop and submit to the Post Office and City a Preliminary Concept Plan of the proposed revisions to the Post Office property as a result of the Davis Boulevard and Creek View Road improvements. • LEE will meet with City and Post Office personnel to discuss the Preliminary Concept Ptan. • LEE will incorporate any revisions to the Prelimminary Concept Plan identified in this meeting and. meet with the City and TxDOT to discuss the Updated Pielintinary Concept Plan. The focus of this meeting will be on the nmmber and location of driveway(s) to the Post Office on Davis Boulevard and the signalization of the Davis Boulevard avd Creek View Drive;Post Office Driveway intersection. • LEE will incorporate any revisions requested by TxDO"C to the Updated Preliminary Concept Plan and conduct up to hvo (2) meetings with the City, Post Office and TxDOT' to present the Draft Final Concept Plan. • Based on the comments provided in these meetings,l:.;EE will produce a Final Goncept Plan for the Post Office property and the Davis Boulevard and Creek View DrivelPost Office Driveway intersection. • During the discussions with the City, TxDO`l' and Past Office personnel,, we will confirm this project will be let by the City. 'I'aslc 2 -Field Surveys field surveys of the project area will be performed to identify existing geometric and drainage cnnditions and locations of existing utilities and right-of--way for the work performed as part of this project. Task 3 -Design Plans for Driveway Relocation and Traffic Signal Installation Task 3.1 Preliminary Roadway Plans • Contact the City of North Richland Hills to discuss any design issues, design standards, objectives, and specific concerts regarding the design of this intersection. • Collect as-built data /record drawings in hard copy or electtronic fot•tnat $•nm the City of North Richland Hills including paving plans, drainage plans, and utility plans. • Prepare preliminary roadway plans for the driveway and intersection and submit to the City and TxDOT fur review. Task 3.2 Revise Preliminary Roadway Plans and Develop Traffic Signal Plans • .Based on comments provided by the City and TxDOT in Task 3.1, the roadway plans will be updated to incorporate comments. • Using the updated preliminary roadway plans, prepare a signal design base map of the intersection. Afield visit will he performed. to the project site to photograph key features, confirm dimensions on the base map and identify pole foundation. locations, power source, and controller cabinet foundation. • Prepare a preliminary signal design layout of the intersection of Davis Boulevard and Creek View Drive/Post Office Driveway for City and TxDOT review. The preliminary layout is expected to hrclude paverttent tnarkiugs (stop bars and ceosswalks}, pole Locations, conduit and wiring runs, signal heads, video detection, and controller location. • Submit preliminary roadway and signal layout to the City and TxDOT for their review. Task 3.3 Draft Plan Set • Any comments received to the preliminary roadway and signal layout submitted in Task 3.2 will be incorporated and a complete DItAI~"f set of roadway and traffic signal design plans on 11" x 17" sheets for #Jte construction of the proposed traffic signal will be produced. This DRAFT plan set will be provided to the City and TxDOT for their review. Task 3.4 Final Plan Sets • GVe will incorporate any necessary changes to the DRAFT plan set and produce, sign, and seal. final plan sheets for bidding purposes and construction. of the proposed improvements. Task 3.5 Traffic Signal Coordination Timings « ~rVe will use existing coordinated signal timing data for the Davis Boulevard corridor to provide recommended trmings at the Creek V iew Drive/Post Office Driveway intersection to keep progression between adjacent signals. Task 4 -Specifications, Cost Cstimate Data and Contract Documents Prepare required technical specification and cost estimate data for the project. We will identify and gather all applicable City of North Richland 1-lilts and Txi~OT standard and special specifications required for the construction project. (?uantity estimates for all applicable bid items will be tabulated with up-to-date unit costs. A draft set of specifications and cost estimate data will be submitted to the City for review, Upon review, the will incorporate necessary changes and produce final specifications and cost estimate data.. Gather available standard contract documents in electronic format from the Gity. 1Ve will then assemble the required contract documents for the bidding and letting of the project. The contract documents will include all applicable standard documents from the City, bid sheets, and technical specifications related to the project. We will. provide a draft set of contract documents for review, Upon stpproval, we will produce a final set of the contract documents for copying and distribution. Task 5 -Construction Assistance LEE will assist in various aspects of the bidding process including the following: • Advertisearent of the project; • Distribution of the plans and contract docwnents; • Attending apre-bid meeting; • Attending the bid opening; • Review and tabulation of the bids submitted; • Attending apre-consh•uction meeting; • Keview of shop drawings; • Construction inspection; and • Development of Record Drawings Fee and Schedule The fee for each of the tasks identified. above will be billed as follows: • Task I -Concept Plan -Lump suet fee of $13,fl00 • 'task 2 -field Surveys - I lotirly services not to exceed $4,500 • Task 3 -Design Plans -Lump sum fee of $27,000 • "Task 4 -Contract Documents -Lump sum fee of $~J,500 • 'task 5 -Construction Management-Lump sum fee of $7,800 The total of these five (5) tasks will be performed For a total amount no to exceed $55,800, unless otherwise approved by the City. Any additional services will be performed on an hourly basis awarding to our attached. teens and coaditinns dated February 8, 2010. 'the schedule for this project is presented in the table on the following page. This project assumes two (2) week. review periods by the City and TxDOT for each submittal. t;onger review periods than indicated will push the project back by the same amount of time. 5incerety, Accepted: ~~~~~ ' ~i Jos h T. Short, P.E., PTOE City of North Richland Frills Date Pre.ident If you have any questions, please contact me at (972) 24$-300G. We appreciate the opportunity to submit this agreement and look forward W tivorkiug with you on this project. If this agreement meets with your approval, please sign below and return a copy of this letter to me as a notice Yo proceed. Lee Engineering Terms and Conditions February 8, 2010 Additional services as authorized by you will be performed at the following rates: Principal $225,00/per hour Senior Engineer $175.00lper hour Project Manager $170.00/per hour ITS System Designer $150.40/per hour Project Engineer $135.00/per hour Sr. Engineering Designer $125.00Jper hour Engineering Designer $ 95.OOlper hour Technician $ $5.00/per hour Administrative Assistant $ 60.00/per 11aur Secretarial $ 50.00/per hour Highway travel IRS Allowable Rate Meats, lodging, air fares nut-of-pocket costs Other Direct Expenses at cost TER~VIS AND CONDITIONS: 1. Invoices will be submitted monthly. 2. Invoices are due and payable when received. 3. Interest shall be payable at the monthly rate provided by Section 2251.025, Texas Govenunent Code on invoices not paid within 31 days after receipt 1u11ess the payment is disputed. 4. We reserve the right to cease work on delinquent accounts. 5. The retainer fee will be credited against fee with the final invoice. 6. In addition to imroices rendered and interest thereon, cocrtracting party agrees to pay ally and all legal fees and costs Incurred in collecting overdue accounts, 7. Rates are subject to change annually. Work performed. in subsequent years vvill be charged at the adjusted rates. 8. Extra copies of reports will be billed at $10.00 per copy. 9. All contracts shall be subject to the laws of the Stag of "Texas. S'Standard Ratestatandari rate ?(1a 0 - NRI{.doc Traffic Signalization at Davis Boulevard & Creekview Drive Traffic Signalization at Davis Blvd & Creek View Drive ~ ~- ~ ~ ~ ~. $ ~~ „~~ ~.~~ _.,~ _ ~i~~n~li~~ki~r~: ~ ~ ~ ~.....~~,,,». .~ -~ ~ ti ,~ .. ~ ..~~ ,, ~ ~ A • ~~~~ I~ '~i°~r ~r ~ .~ ~ L ~.. ~.. _ - x ~. 5R4 e ' AY x~ x _.., e Y ~ v ~} \ • ~.~?• r~ ~ }~ ~ ~~ ~~ '~ • ~ tt tin SI _.. x ~ ,.,,.....: xvwvxx , . .. .,,. n ~ .} .. a .... _~ ~ -. ~ x.~..Y1 z~ R 8s ~. i ~~' ;~'"~. Flo PH _ ~ a ~ s, t ! ~ A~ ~ 41 ~'v J~ .~. ~- ,~ ~.a, sue. ~ , P ~ .. ,. ,~ - . ~ , t ~ . ~ •~ .u ~„ ~ ~ ~...~w~~ .. ~;., .-rip-, ~ ~ ~ ~ ~ , ~` p~: ~. ~ I f , s ~i.4 [w~ W m 1 Ft ~ ...'r lF ~ Y' v +j~ .. ~ ~ Ii ,..e ran" ,... ~ ~ ~ ` F ~ ~ .. . ~, a , i 11 R _ _ z i ~ ~~ ~ ~a ~r ~ ~ ~ ~.. ~, ,~ eq..~~ ~ -.n. ~~fir~ ' ~i i~~ li~~ti ~~,~ Tr ~~ ; , ~ a ~~ - . M ,~~,,. 7~, r _ ~ ~ ~ , , m,.~. ,m.... a ~ ~. .. i ~ .„_~e r, ag A k ~i ~ $t- ~ c3 __ .. '. 7 I ,~.. ~ - '>af.ra .r ueu-I »~ ~ ~ ,,,'', .rr ~ r Y• ~.a ~. ~ T ,,,, „ , ,, l~1 j r ~ r '... `` 'v-''. ~. _. .. " y 1. .v .e rs ~a - ~ z~ tl~aa~xe~ ~ ~ i a , ~s. .•< i ~_, ~ ~ *~ , a.. 1 P+ta ~i :, lM L, i pia- e. ... r ~. < ~ ,< a r ~. ~ .~ i, .~ --. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-22-2010 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 2-22-2010 Presented by: AKancel/LKoonce Agenda No. F.1 Subject: PU 2010-005 Award Proposal No. 09-025 for Automated Mobile Handheld Citation Entry System to Brazos Technology in the amount not to exceed $219,151 Currently, automated ticket writers are being used solely by officers assigned to the traffic section. The proposed items will provide new, state-of-the-art automated ticket writing equipment to all officers assigned to patrol and traffic sections. Automated ticket writers provide officers a safer and more efficient means of issuing citations, and the automated collection of data is beneficial to the municipal court. Use of this technology will equate to improved time efficiency and officer safety as officers spend considerably less time in the roadway on each traffic stop. The ticket writer technology accomplishes this by automatically entering vehicle and driver data by simply swiping a driver's license or scanning a vehicle registration bar code while other citation fields are populated by use of drop down windows. The devices are able to record officer notes, photograph evidentiary items, and attach these to the citation electronically for use in court. This device's new technology will provide officers with the means to become more efficient and effective in issuing citations. The devices will provide officers the ability to electronically complete field interview cards, crash reports, impound sheets, parking citations, written warnings and asset control forms. The ticket writer software will interface with the Incode court software, enabling the citation files to be uploaded electronically in real time, greatly reducing the amount of manual data entry currently being done by municipal court. Notice of Request for Proposal was advertised in the local newspaper, as required by State Statue and posted on the City Website. Twenty three (23) vendors were contacted and requested to participate in this process. Specifications were viewed on the City's Website by three (3) vendors. The following three (3) vendors submitted proposals: COMPANY BID AMOUNT Duncan Solutions $279,007.00 Brazos Technolo $295,215.00 Cardinal Trackin $327,806.79 Each of the companies submitted pricing for 50 devices and related equipment, training and annual license and maintenance fees for the first year. Brazos Technology included annual license and maintenance fees for year two (2) through year five (5) in the amount of $70,000.00. The initial order will be for 45 handheld units, 49 printers, software, accessories, training and the first year of licenses and maintenance fees. Evaluation committee members Neal Maranto (PD), Debbie Durko (Municipal Court), Laury Fiorello (Finance), JoAnn Stout (Neighborhood Services), and Bob Weakly (Information Services) considered the following criteria during the analysis and selection process: • Competitive Pricing; • Thoroughness of the response; • Quality of the materials to be installed; • Actual testing of the product under normal circumstances; • Reputation/references; • Customer Service. Duncan Solutions is the current provider of the old automated ticket writers currently being used by traffic section. The Duncan Solutions proposal was rejected because the police department has experienced less than satisfactory customer support from the company in regards to repair of current equipment when problems arise. Further, I/S experienced significant database issues that were not resolved quickly. Additionally, one reference reported they were purchasing a new system, but specified the purchase would not be made from Duncan Solutions. The Cardinal Tracking proposal was rejected as the company was unable to provide an asset control system. When checking Cardinal's references one reported they had experienced customer service issues in the past. The Brazos Technology proposal was accepted. Brazos Technology repeatedly expressed confidence to meet every aspect of the city's specifications. Further, references that were contacted expressed an absolute willingness to purchase again from Brazos. The references also praised Brazos for having excellent customer service. The Police Department and Brazos have worked together to narrow the scope of required items needed to complete installation of 45 units. We requested and Brazos has submitted a best and final offer based on the need for 45 units. Brazos submitted a negotiated price (attached to this agenda item) in the amount not to exceed $219,151. Funding for this equipment will be coming from the Municipal Court Technology fund, where $4.00 from each citation which is collected to maintain court related technology. It is believed that there will be sufficient savings within the Capital Projects Budget to offset this revision as to not exceed total adopted expenditures. In the event that this is not the case, staff will seek a budget amendment at a future date. Recommendation: To award proposal No. 09-025 for Automated Mobile Handheld Citation Entry System to Brazos Technology in the amount not to exceed $219,151 City of "tiR~I _„?~tltoluztcd I~1c~1x1~_Hnndl~elcl (.'nation EFi(t~~_'~~st>r~.._..._ TAT' (7~ UPS BID FaR'1T # 09-025 ."~oftwHre /Ind Services Item llesrriptiou Est. Qn, t'nit I'a~ire Esteucled price _1Iodifirntinct t C'o7nlneut$ 1 Sotht~~nre ~~ $850 $?~.2~Q 2 ,~.ccidcllk Ftepol~tillg ~5 ~2iJ~ ~~.OOf? T(_'NCIC Colulectivit~ 1 55,000 $5.000 ' License Fec-Seivcl Lttllinlited " (Husked} i C.antf`t4Tili'itTi011 c~ Set-1t}3 1 ~~.4~~ ~3,>Q~ ~ I[stitiin~ (Tr~[itt-tlte-[~rtitt~~ 1 53,000 $3.000 al?k1C115,) ~ ~1ll114R1 L1tZ11Se F2~ 1C'?r ~;~ ~{~ ~~ l~fullile Sofnx-are Iltcltt€lied zvr' Fitt Fear .~lituz;tl ,Iti. St) ~(3 ntr~lltetl~txlce fie. 1~l~ilttetlttnce tR; ~uppol~k Fe ~i cars ? - n i5 ~;a~~-~~li-. Server for TCIC ins#allatian (Provided by tJRH IT} H~l'CI~i'S13'~ -Printers F.r. F~ti•r~tlecl ~~G~~I~ilcnlion / Tteln l7e~rrintian t`. 7"nit pI'IfP I'I•ice C'omineu[s Par[a'Lile Printing L~zt=ice ,,1~ SC~70 533,810 {ZeUra R~Z`4?U) ~ 7cl~l';r R~Z'~'_Q d Bny' Pt7t~'et 3 S~ItJO $1,200 Sk;~tic~lt 1 C} Z~'111 C11[~rgil>g tnlit zet}ra 3 C~_5 $135 Ri~~1~0 1:1 1~'elucle C11ar~ing L711its far ~~ y;ti0 X9,000 lxt itltrt ([~lrticnls ~? 1 1 ~ ~k3n41[tl'Ct pnper ~ ~ s~ (~ ~t[+Y tlt 31~ rU~1Sj 1.3 It4ol~ile Handlteld Cit~ttiokt ~ ~ 1.62'.22 ~;7.;,t)t~0 Uttk (I~~C`75} 33I:1) FC~I~I~F f)'7-i-? ~larthr~are - t_'itati€~t~ ~~~ii5 Fa. L'•kit Eticnalc~l I ~7vtEifie~(=txn r lion S lla~~cri ~fit,n t if} ' ,y 4 ~'~Cy' ~~97 ~l.C ~ iJ iFS ltiC it ~1 ~~ E tt?~~F ~.~i. 7g ~tis'^sft'!~'1L #r'.lf~ l(.} ry .R~~wY j / .~}f '~t~ j \bct(I~! ........ ..,,..„~ m„_ ,_ I IEi i `~'ti" I.,'aCtt+t~..ai 1at,it~'.itt~ ii~r ~~ ~~?(~? j '~l l,~)? M~7~ >;F~rr~t ; ~ E cz~lf I .~~.__ __ _.,,., .~.~. .. .._ _, ~. ._... _, a .___.. ___ _. ~. _ _..._ _._.._. __ ,.._..... 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VIE€iu(e C°~~3ta 1~ ia~l I~l~_'"~ i(i ~ i 1 ~ _r.. _.. , .._... 4 s,{}~C~ ... ~~~ _. ~'~;~~ ( :.t>~:: It~i' ~i:~1ta:~C; ~_~7itG~~a: e~i ~ ~ tit?_~``: t t ~it'T' ~)~.. s _ .._„_.._ __. _ _ _ . ~ .... _...... __.. ..... t _ _..._ __......._ .. 1'c~~~t tit i, ~,~t i-t~~F €;~:~lit, 1~ t t~. f'l l'r1i ~i.,7 77 ~ 1 t't t. i',l .I 1iltC y 7 i J?.~ ! ~ ~~) 3 ~~ ~(~?l!l"; ~I1 Idi:i iii tL'C ' ~ ti.{} ~ '~(`~ _ _. _._ j '~1( ; ~ CYatill. 1at~t:('~rn r~tt _~~.k I ~ l~`~ ~,(}# 1 i t `~~ !'nrtCr t'r:tc~le 'lstt311~€ti€~t't 3~i `~l ~ ~'~.{lf.~=~ CITY OF NORTH RICHLAND HILLS Department: Police Presented by: Jimmy Perdue Council Meeting Date: 2-22-2010 Agenda No. F.2 Subject: GN 2010-017 Texas Governor's Office Criminal Justice Programs Competitive Grant -Resolution No. 2010-012 The Criminal Justice Division (CJD) of the Texas Governor's Office has notified the Police Department that grant funds have been allocated to assist in funding law enforcement programs in the North Central Texas Council of Governments (NCTCOG) under the 2010 CJD Criminal Justice Programs Competitive Grant. The grant funds are passed through the Criminal Justice Division and will be dispersed on a competitive basis throughout the NCTCOG's 16-county region. If awarded, the Police Department plans to use the funds to purchase a Mobile Elevated Observation Platform. This asset will be used as a primary resource for the Department's Directed Enforcement Program to detect and deter criminal activity in the City's commercial and residential areas. Additionally, the Mobile Elevated Observation Platform will be deployed at special events and in any area experiencing increased criminal activity. The observation platform may also be utilized for multi-city gatherings or provided to another city within the NCTCOG region experiencing an increase in criminal activity which might be suppressed by the deployment of an observation platform. Personnel within the Department's current staffing structure, as well as available volunteers who have received equipment specific training, will be utilized to operate the observation platform. The total of this grant request is $80,000 which is the maximum allotted under CJD for a Criminal Justice Program grant award. There is no requirement for a cash match under the terms of the CJD grant. However, the Department is responsible for expending funds for any equipment or service upgrades, pursuant to the initial equipment order. CJD rules require formal action from the governing body prior to the application being submitted. Recommendation: Approve Resolution No. 2010-012. T~1 i~H RESOLUTION NO. 2010-012 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for the Texas Governor's Office Criminal Justice Programs Competitive Grant and make appointments for the conduct of business relative to the Grant; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills that we request the funds available under this Grant; and WHEREAS, The City Council of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED, that the City Council of North Richland Hills approves submission of the grant application for the Texas Governor's Office Criminal Justice Programs Competitive Grant. PASSED AND APPROVED this the 22nd day February, 2010. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 2-22-2010 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-22-2010 Presented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-22-2010 Presented by: Councilman Tim Barth Agenda No. H.1 Subject: Announcements -Councilman Barth Announcements NRH2O is searching for team members who want a fun job this summer. Applicants must be at least 15 years old. For a list of upcoming job fairs and more information, please visit nrh2o.com/jobs. The City invites residents to a Spring Gardening Seminar from 9 a.m. to noon on Saturday, March 6th. Guest speakers will provide tips on preparing your yard for the upcoming growing season. The seminar will be held in the Community Room at the North Richland Hills Public Library. Admission is free. For more information, please call 817-427-6600. Volunteers from AARP are continuing to assist residents with their tax returns each Monday through April 12th at the NRH Public Library. To make an appointment or get more information, please call the Library at 817-427-6814. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Robert Raley and Mark Hill, Public Works Department A call was received from a resident regarding a possible water leak. Robert and Mark met with her, showed her where the water cut-off was and explained about leak detection. She had high praises for them and said they were both polite and helpful. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-22-2010 Presented by: Agenda No. H.2 Subject: Adjournment