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HomeMy WebLinkAboutCC 2010-07-12 Agendas CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, July 12, 2010 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Single Family Rental Certificate of Occupancy Program (25 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange or value of real property at the northwest corner of the intersection of Rufe Snow Drive and Meadow Lakes Drive B.2 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) C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on July 9, 2010 at ° 1:‘5 a.m. 1 _ * I� fl si . ant City Secretary Y rY 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 — July 12, 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, July 12, 2010 7:00 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Lombard A.2 Pledge - Councilman Lombard A.3 Special Presentation(s) and Recognition(s) - Iron Horse Golf Course Recognized as the "Best Public Golf Course" by Fort Worth, Texas Magazine 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 — July 12, 2010 Page 2 of 4 • B.1 Approval of Minutes of June 16, 2010 City Council Work Session B.2 Approval of Minutes of June 28, 2010 City Council Meeting B.3 PU 2010 -015 Authorize an Inter -local Purchasing Agreement with The Inter -local Purchasing System (TIPS/TAPS) B.4 PU 2010 -016 Renew Contract for Rights -of -Way Mowing Services with Signature Contracting Services LLC 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 No items for this category. F.0 GENERAL ITEMS F.1 GN 2010 -051 Authorize the City Manager to Execute a Memorandum of Understanding with TxDOT Adopting TxDOT's Federally Approved Disadvantaged Business Enterprise Program F.2 GN 2010 -053 Youth Advisory Committee End of Year Report F.3 GN 2010 -052 Approval of New Committee Members to the Youth Advisory Committee F.4 GN 2010 -048 Approve a Resolution Authorizing the 'Business Improvement and Growth Program' Promoting Targeted Economic Development to Local Businesses - Resolution No. 2010 -023 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Whitson H.2 Adjournment NRH City Council Agenda — July 12, 2010 Page 3 of 4 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 Texas in compliance with Chapter 551, Texas Government Code on July 9, 2010 at 55 a.m. , > ' /-"N' A. sis ant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda — July 12, 2010 Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, July 12, 2010 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Single Family Rental Certificate of Occupancy Program (25 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange or value of real property at the northwest corner of the intersection of Rufe Snow Drive and Meadow Lakes Drive B.2 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) C.0 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 7 -12 -2010 Presented by: Dave Pendley Agenda No. A.2 Subject: Single Family Rental Certificate of Occupancy Program (25 Minutes) Summary: In a continued effort to meet the objective of "Ensuring Compliance with Quality Housing Standards" that was established at the most recent Council Goals Work Session, staff is seeking City Council's input on developing a Single Family Rental Certificate of Occupancy /Inspection program to help address maintenance of properties that are not under the control of the occupant. General Description: During the summer of 2009, staff approached City Council for input regarding development of a program that would provide for the inspection of all single - family dwelling units (regardless of whether or not the dwelling was a rental unit) as a way to achieve the Council Goal of Quality Community Development and Revitalization. During that meeting, Council suggested that a more targeted approach be considered that is similar to programs currently enacted by many of our neighboring communities. As City Council is aware, the City currently has a largely successful multi - family inspection program that has been in operation for almost 5 years and includes semi- annual inspections of all our apartment complexes. Staff seeks the City Council's input regarding the development of a similar program for rental units involving single - family, duplex, 3 -plex and 4 -plex structures. The Single Family Rental Certificate of Occupancy Program would be intended to address interior and exterior safety and maintenance issues; not colors, style or general aesthetics of each structure. The program would also look at zoning violations, unauthorized construction, drainage modifications and substandard structures. Critical inspection items ensuring minimum maintenance standards are met would include the following: • Operable water & sewer system • Operable bathroom & kitchen facilities • Door, window & screen conditions • Exterior paint, waterproofing and exterior maintenance • Insect infestations • General repair (holes in walls, floors, etc.) • Fire /smoke detection systems • Grading changes (prevent standing and stagnant water) • Overgrown vegetation that may harm building /occupants • Water heating and HVAC • General dilapidation • Emergency egress from sleeping rooms • Building /zoning code violations (i.e. unauthorized enclosed garages, sheds, pools) Staff will give a presentation during the July 12, 2010 Work Session that will provide an overview of a proposed Single Family Rental Certificate of Occupancy Program. The presentation will provide anticipated objectives and will explain how such a program would function. Staff is interested in receiving Council's feedback to see if this type of program is of interest and to take suggestions for a possible ordinance. The objective would be to seek safe, sanitary, and healthy structures for North Richland Hills residents who are renting, and to continue efforts to revitalize our neighborhoods. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 7 -12 -2010 Presented by: Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange or value of real property at the northwest corner of the intersection of Rufe Snow Drive and Meadow Lakes Drive CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Agenda No. B.2 Subject: 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)) CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Agenda No. C.0 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, July 12, 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 Recognition(s) - Iron Horse Golf Course Recognized as the "Best Public Golf Course" by Fort Worth, Texas Magazine 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 June 16, 2010 City Council Work Session B.2 Approval of Minutes of June 28, 2010 City Council Meeting B.3 PU 2010 -015 Authorize an Inter -local Purchasing Agreement with The Inter -local Purchasing System (TIPS/TAPS) B.4 PU 2010 -016 Renew Contract for Rights -of -Way Mowing Services with Signature Contracting Services LLC 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 No items for this category. F.0 GENERAL ITEMS F.1 GN 2010 -051 Authorize the City Manager to Execute a Memorandum of Understanding with TxDOT Adopting TxDOT's Federally Approved Disadvantaged Business Enterprise Program F.2 GN 2010 -053 Youth Advisory Committee End of Year Report F.3 GN 2010 -052 Approval of New Committee Members to the Youth Advisory Committee F.4 GN 2010 -048 Approve a Resolution Authorizing the 'Business Improvement and Growth Program' Promoting Targeted Economic Development to Local Businesses - Resolution No. 2010 -023 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Whitson H.2 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Mayor Oscar Trevino Agenda No. A.0 Subject: CaII to Order - Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -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: 7 -12 -2010 Presented by: Councilman Tom Lombard Agenda No. A.2 Subject: Pledge - Councilman Lombard CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Jay Clements Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) - Iron Horse Golf Course Recognized as the "Best Public Golf Course" by Fort Worth, Texas Magazine Iron Horse Golf Course was recently voted the "Best Public Golf Course" by readers of Fort Worth, Texas magazine. Jay Clements, Iron Horse Golf Course Manager, along with other representatives from Eagle Golf, will be on hand to present the award to the Mayor. The write up states, "A few years ago this already good golf course got even better after the greens were converted to Champion Bermuda grass, the tee areas were rebuilt, the bunkers were redone and the clubhouse interior was remodeled. It also offers four sets of tees for players of all skill levels." The Fort Worth, Texas magazine Best of 2010 results were published in its June 2010 edition. Along with the designation of the "Best Public Golf Course" by Fort Worth, Texas magazine, Iron Horse was also recently named one of the most challenging public golf courses by the Fort Worth Business Press and the Best Public Golf Course by the Fort Worth Star Telegram. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -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 Council Meeting Date: 7 -12 -2010 Presented by: Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -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: 7 -12 -2010 Presented by: Agenda No. B.1 Subject: Approval of Minutes of June 16, 2010 City Council Work Session Recommendation: To approve the minutes of the June 16, 2010 City Council Work Session. MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE LIBRARY COMMUNITY ROOM, 9015 GRAND AVENUE, NORTH RICHLAND HILLS, TEXAS, JUNE 16, 2010 — 6:00 P.M. 1. CALL TO ORDER Mayor Trevino called the work session to order at 6:05 p.m. Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2 John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 (present at 6:33 p.m.) Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Jared Miller Assistant City Manager Jimmy Perdue Director of Public Safety Vickie Loftice Managing Director Mike Curtis Managing Director Patricia Hutson City Secretary Larry Koonce Director of Finance Mark Mills Budget Director Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager Patrick Hillis Human Resources Director Craig Hulse Economic Development Director Jennipher Castellanos Budget Analyst Shirley Hoover Internal Auditor /Financial Analyst Absent: Scott Turnage Council Place 6 2. DISCUSS ANNUAL BUDGET AND PLAN OF MUNICIPAL SERVICES FOR FY 2009/2010 AND PLANNING AND PROGRAM OF SERVICES FOR FISCAL YEAR 2010/2011 Mr. Mark Hindman, City Manager, made introductory comments and gave an overview of the budget process. A PowerPoint presentation was presented by Staff. Mr. Mark Mills presented the FY 2009/2010 revised budget discussing the preliminary submissions received from the departments for anticipated year end expenditures, reviewed the revenue impacts to the budget and compared the 2010 adopted to the 2010 revised budget. Mr. Craig Hulse, Economic Development Director, presented an overview of the economic picture discussing the economic outlook and national, state and local trends. Councilman Welch present at 6:33 p.m. Mr. Larry Koonce, Finance Director, discussed the preliminary tax roll released in May, reviewed the distribution of property taxes and discussed appraised property values. • Mayor Trevino requested Council be provided at the August work session a graph of debt service versus maintenance and operating for the previous ten years. Mr. Mills gave an overview of the Fiscal Year 2011 preliminary budget. He discussed preliminary revenue and expenditure submissions, compared the Fiscal Year 2011 preliminary to the Fiscal Year 2010 adopted revenues and expenditures, reviewed the history of net taxable values and sales tax receipts and reviewed the 2009/2010 budget cuts. Staff discussed with Council budget considerations as decisions are made to balance the 2010/2011 budget. Considerations discussed with Council were merit increases, stability program, market adjustments, health insurance costs, GASB45, TMRS contribution rates and the possible impact to the City of providing security for the Super Bowl and its related event. Mayor Trevino recessed the work session at 7:26 p.m. and called the work session back to order at 7:34 p.m. with the same members present as previously recorded. Staff discussed with Council the balancing of the budget. Staff is evaluating short and long -term costs and benefits of delaying or deferring a spectrum of asset management investments as a means of balancing the budget. Some of the options under consideration for delay or deferral include the delay of infrastructure maintenance, equipment maintenance, and capital improvements and defer facility improvements. Staff discussed with Council short term and long term consequences that could be caused by the delays or deferrals. Another option under consideration for balancing the budget is to reduce contributions to the Internal Service Funds. Staff is evaluating each of the internal service funds to establish a new minimum level of funding and the necessary contribution levels to keep the funds solvent. Also under consideration is the utilization of the undesignated /unreserved fund balance to supplement revenues for the coming year. Staff reviewed the City's policy on undesignated /unreserved General Fund balance and advised if the undesignated /unreserved fund balance is utilized in the budget for the upcoming year, it is recommended its use be restricted for one time expenditures. Possible changes in service levels were also discussed. The City's budget situation dictates that sustainable cuts be made that will result in changes to service levels. As changes to service levels are considered two primary options will be considered — the elimination of programs deemed to be the lowest priority among city services and reduction in service levels. The funding of City sponsored special events and City memberships will also be reviewed as staff continues to look at funding options to provide a balanced budget. Staff also discussed with Council possible revenue increases that could be considered. Staff will submit to Council a budget utilizing the same 57¢ tax rate as in previous years. Staff requested to review fees and charges for service to determine how they compare to the market and their level of cost recovery. • Council concurred that all of the special events and city memberships should be reviewed. Staff is to provide Council with a list of special events and their costs. Council also discussed that in addition to city memberships, consideration should be given to reducing luncheons and sponsorship costs. • Council concurred with reviewing fees and charges for services and discussed the need to look at the long term impact reductions to the budget will have on future budgets and services. Mr. Koonce reviewed the Fund Balances for FY 2009/2010. Staff discussed with Council the following future issues: Southside Recreation Center — There was extensive discussion on options for a recreation center on the Southside of the City. • The consensus of the Council was for Staff to leave it in the forefront as an issue, but not to initiate it as a project at this time. Animal Shelter — Council was updated on the future expansion of the City's animal shelter. Consolidated Dispatch and Jail — An update was provided on the consolidation of local jurisdiction dispatch centers and detention centers. CAD /RMS Replacement — Council was advised that the City's Public Safety software vendor will stop supporting the UNIX -based Computer Aided Dispatch system during calendar year 2015. The systems are being phased out. Public Safety and Information Services Staff will begin researching options to replace the system. Radio Replacement — Council was advised of the need to plan for the replacement of the radio system used by the City. The system, owned by the City of Fort Worth, supports Fort Worth public safety radios as well as radios from 22 other jurisdictions and organizations including North Richland Hills. The City of Fort Worth has begun plans to implement a new interoperable radio system. North Richland Hills needs to begin formulating a plan to secure funding to ensure the City will be in a position to take advantage of future radio system opportunities. 3. ADJOURNMENT Mayor Trevino adjourned the work session at 9:06 p.m. APPROVED: Oscar Trevino — Mayor ATTEST: Patricia Hutson — City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Agenda No. B.2 Subject: Approval of Minutes of June 28, 2010 City Council Meeting Recommendation: To approve the minutes of the June 28, 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 — JUNE 28, 2010 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 28 day of June, 2010 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2 John Lewis Council, Place 1 Tom Lombard Council, Place 3 (present at 5:47 p.m.) Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary 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 JoAnn Stout Director of Neighborhood Services Craig Hulse Economic Development Director Greg VanNieuwenhuize Assistant Public Works Director Eric Wilhite Chief Planner Dave Pendley Chief Building Official Debbie York Neighborhood Services Manager Chun Mezger Animal Rescue Center Supervisor Kristin Weegar Marketing & Research Coordinator CaII to Order Mayor Trevino called the work session to order at 5:30 p.m. A.1 Discuss Items from Regular City Council Meeting Agenda Item F.1 PU 2010 -014 — In response to a question from Councilman Welch, Staff advised water storage tanks are typically repainted every 15 years. It is anticipated that the Johnson Ground Storage Water Tank will be around another 15 years at minimum and will need to be repainted in five years. A.2 NTE Subcommittee Updates Mr. Mike Curtis, Managing Director, presented a PowerPoint presentation updating the Council on the three different subcommittees created for the North Tarrant Express project. Mr. Curtis briefed the Council on the project's background and discussed the structure, purpose and activities of the three subcommittees — Traffic Management Subcommittee, Utility Relocation Subcommittee, and Aesthetics Subcommittee. Direction was requested from Council on which type of the Master Utility Adjustment Agreement (MUAA) to utilize. Mr. Curtis explained the two types of agreements and the pros and cons of each — Developer Managed MUAA and City Managed MUAA. The consensus of the Council was to utilize the Developer Managed MUAA. Mr. Curtis also reviewed with Council the baseline elements for aesthetic treatments and explained that the baseline treatments approved in the Comprehensive Development Agreement are below TxDOT's standards for its most recent area highway projects. Councilman Lombard present at 5:47 p.m. Council was advised TxDOT had designated $11.5 million for aesthetic treatments above baseline. Mr. Curtis explained how the Aesthetics Committee identified and selected the treatments above baseline to be funded within the available funds. Council was shown a conceptual overview of what the selected enhancements will look like within North Richland Hills. A.3 BIG Program Update & Proposed Program Enhancements Mr. Craig Hulse, Economic Development Director, presented a PowerPoint presentation briefing the Council on the background of the BIG Program and suggested enhancements to the program. Staff presented the following suggested modifications: Facade Current Proposed Match Rate 50% 25% Grant Maximum $10,000 $20,000 Minimum Project Cost No Minimum $20,000 Approval Committee(s) DRC only DRC + BIG Review Committee Signage Current Proposed Match Rate 50% 50% Grant Maximum $3,000 $5,000 Sign Type All Conforming Conforming Monument Only After a brief discussion, Council concurred with the proposed enhancements. The enhancements will be brought back to Council for formal action. 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 - Graham Associates, Inc. vs. City of North Richland Hills (153- 245913 -10) B.2 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 6:16 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) Graham Associates, Inc. vs. City of North Richland Hills (153- 245913 -10) and 2) (a) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); (b) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); (c) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09). C.0 Adjournment Mayor Trevino announced at 6:52 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 June 28, 2010 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2 John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples Attorney A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance to the American Flag and Texas Flag. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Presentation of the Keep Texas Governor's Community Achievement Award Ms. Kathy Luppy, Chair Keep NRH Beautiful Commission, presented the 2010 Governor's Community Achievement Award and recognized Debbie York, Neighborhood Services Manager and members present from the Keep NRH Beautiful Commission - Doris Tipps, Diane Spradling, Justin Welborn and Holly Bullington. Keep NRH Beautiful Board members accepted the award on behalf of North Richland Hills during the Keep Texas Beautiful 43 Annual Conference awards ceremony on June 23 in Austin. Ms. Luppy presented to Mayor Trevino a ceremonial check for $270,000. The City will receive from TxDOT $270,000 for a landscaping project along a local state rig ht -of -way. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Certificate of Achievement for Economic Excellence Mr. Mike Rosa, Vice President, Economic Development of the Dallas Regional Chamber and member of the Texas Economic Development Council Board of Directors presented the 2009 Award for Economic Excellence to Craig Hulse, Economic Development Director, Kristin Weeger, Marketing and Research Coordinator and Phyl Baloga, Economic Development Administrative Secretary. North Richland Hills was one of four cities recognized across Northeast Tarrant County and one of thirty -five recognized in Texas for commitment to professional economic development by city administration, elected and appointed officials and for exemplary professional standards demonstrated by its economic development staff. A.5 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Proclamation Recognizing Jay Bruner as Recipient of the 2010 Community Builder Award for Smithfield Masonic Lodge #455 Mayor Pro Tem Sapp presented a proclamation to Jay Bruner, Pastor of Center Point Church, recognizing him as recipient of the 2010 Community Builder Award for the Smithfield Masonic Lodge. Mike Myers and Billy Campbell, representatives of the Smithfield Masonic Lodge presented to Mr. Bruner the 2010 Community Builder Award. A.6 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Proclamation for National Recreation and Parks Month Councilman Lombard presented a proclamation to Vickie Loftice, Managing Director, recognizing the month of July as National Recreation and Parks Month. Ms. Vickie Loftice recognized team members from the Park and Recreation Department — Sharon Davis, Assistant Director; Teddi Zonker - Visser, Program Coordinator; Joe Pack, Senior Park Planner; Bob Hagin, Athletic Coordinator; Adrien Pekurney, Recreation Center Manager; Kathye McCall, Dan Echols Senior Center Supervisor; and Ron Newman, Program Coordinator. A.7 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Presentation of the Yard of the Month Awards for June Ms. Diane Spradling, Keep NRH Beautiful Commission member and Councilman Turnage recognized the following recipients of the Yard of the Month Awards for June: Sherry Lewis, 6500 Towne Park Drive; Eleanor Thompson, 6720 Oliver; Maryann Felps, 6601 Carston Court; Dylan Cox, 7454 Gentling Lane; Carmen Gisi, 5916 Dripping Springs Court; Debbie Sheffield, 6628 Brookshire Trail; David Reynolds, 8648 Madison Drive; Ed Hendricks, 6878 Rolling Ridge Drive; Brian Pucci & Kathleen Jones, 8520 Steeple Ridge Drive. Sonic, 7608 Boulevard 26 was recognized as recipient of the Business Landscape award and Davis and Angela Tyson, 7554 Terry Drive, were recognized as recipients of the SmartScape Award. A.8 CITIZENS PRESENTATION Mr. Sid Cavanaugh, 6605 Crane Road, spoke on coyotes preying on his animals /livestock. He advised he has lost $4,000 in the last 60 days because of coyotes. He has worked with the City's Animal Control Staff but they do not have the equipment needed. Mr. Cavanaugh advised of a federal program that for $2,500 provides a federal trapper to work with Animal Control Staff for five weeks teaching and training them in the control of coyotes. Mr. Cavanaugh encouraged Council to look into the program. Mayor Trevino asked Jimmy Perdue, Director of Public Safety, and JoAnn Stout, Director of Neighborhood Services to meet with Mr. Cavanaugh. A request to speak card was also received from Kent Davis wishing to address the Council during Citizens Presentation to speak on the Municipal Judge. Council Rules of Procedure provide that citizens may speak during citizen presentation on any business that is not formally scheduled on the agenda or scheduled as a public hearing. The appointment of the Municipal Judge is scheduled as Item F -6 on the agenda. Council was advised that at the time Council begins discussion of Item F -6, Council could consider waiving the Rules of Procedure to allow Mr. Davis to speak during the agenda item. A.9 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JUNE 14, 2010 CITY COUNCIL MEETING COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. GENERAL ITEMS F.1 PU 2010 -014 AWARD BID TO A & M CONSTRUCTION IN THE AMOUNT OF $133,000 FOR THE REHABILITATION OF THE JOHNSON GROUND STORAGE WATER TANK APPROVED Mr. Mike Curtis, Managing Director, presented the item. Council is being asked to award a bid to A & M Construction for the rehabilitation of the Johnson Ground Storage Water Tank. Bids were received for the project in May. The low bidder, Corrosion Eliminators, submitted a bid in the amount of $71,920 and later withdrew its bid due to mathematical errors in their calculations. The second low bid was received from A & M Construction in the amount of $133,000. Staff is of the opinion that the second low bid is reasonable and recommends the bid be awarded to A & M Construction. Because all of the qualified bids exceeded the approved budget of $120,000 awarding the bid to A & M Construction will require a budget revision to the FY 2009/2010 Capital Projects Budget. Councilman Welch commented on the storage tank being constructed in 1961 and questioned what other future costs could be anticipated. Mr. Curtis advised it was anticipated that the tank would be around another fifteen years at a minimum. Typically, every 15 years tanks are repainted and the Johnson Ground Storage Water Tank was last painted ten years ago. It is anticipated that it will need to be repainted in approximately five years. The painting that will be needed in five years is separate from what is being required at this time. MAYOR PRO TEM SAPP MOVED TO APPROVE PU 2010 -014, AWARDING THE BID TO A & M CONSTRUCTION IN THE AMOUNT OF $133,000 FOR THE JOHNSON GROUND STORAGE WATER TANK AND TO REVISE THE FY 200912010 CAPITAL PROJECTS BUDGET AS INDICATED ON THE BUDGET REVISION FORMS INCLUDED IN THE AGENDA PACKET. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 GN 2010 -047 AMEND SECTION 14 -104 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO DESIGNATE A LOCAL RABIES CONTROL AUTHORITY (LRCA) - ORDINANCE NO. 3097 APPROVED Ms. Chun Mezger, Humane Division Supervisor, presented the item. Item is to consider amending Section 14 -104 of the Code of Ordinances to designate the Humane Division Supervisor position as the Local Rabies Control Authority (LRCA). All municipalities are required by the Texas Health and Safety Code to designate an officer as the LRCA. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2010 -047, ORDINANCE No. 3097. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 GN 2010 -049 FY 2011 SOLID WASTE IMPLEMENTATION PROJECT APPLICATION FOR MULTI - FAMILY RECYCLING PILOT GRANT FUNDING — RESOLUTION NO. 2010 -024 APPROVED Debbie York, Neighborhood Services Manager, presented the item. Applications are being accepted by the North Central Texas Council of Governments (NCTCOG) from local governments who are seeking solid waste management funding. Neighborhood Services is requesting approval to submit an application for $43,665 in funding for a Multi - Family Recycling Pilot Program. The program will target the residents of four multi - family properties — The Bluffs, Diamond Ridge, Harwood and The Abbey Apartments. At the end of the grant period the information gathered can be used to encourage setting up recycling in all multi - family complexes. Staff is requesting approval of Resolution No. 2010 -024 authorizing the filing of project applications with the NCTCOG for Regional Solid Waste Program Local Implementation projects. COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION No. 2010-024. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2010 -041 APPOINTMENTS TO ANIMAL CONTROL SHELTER ADVISORY BOARD - PLACES 2 AND 4 APPROVED Ms. Patricia Hutson, City Secretary, presented the item. Item is to consider appointments to Places 2 and 4 on the Animal Control Shelter Advisory Board. The ordinance establishing the Board requires the appointment to Place 2 to be a city official and the appointment to Place 4 to be a representative from an animal welfare organization. The recommendation is to reappoint to Place 2 Councilman Lewis and to reappoint to Place 4 Pam Burney, Vice President, Community Outreach, American Society for the Prevention to Cruelty to Animals, terms expiring June 30, 2012. MAYOR PRO TEM SAPP MOVED TO APPROVE GN 2010 -041, APPOINTING COUNCILMAN LEWIS TO PLACE 2 AND PAM BURNEY TO PLACE 4, TERMS EXPIRING JUNE 30, 2012. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 GN 2010 -046 APPOINTMENTS TO THE CONSTRUCTION CODE BOARD OF APPEALS APPROVED Mr. Dave Pendley, Chief Building Official, presented the item. Item is to consider appointments to Places 1 through 7 on the Construction Code Board of Appeals. The Code of Ordinances states that appointments to the board are recommended by City Staff and appointed by the City Council. Appointments to the board must also meet the requirement of technical expertise in the construction field. Individuals serving on the Board also serve as the Code Advisory Committee. Staff is recommending the reappointment of all current members: Place 1 Joe Crane 1 year term Place 2 Kirk Cameron 2 year term Place 3 Robert L. Nicholas 1 year term Place 4 Lynn Motheral 2 year term Place 5 John Klein 1 year term Place 6 Lloyd Robinson 2 year term Place 7 W.D. (Mac) McCarthy 1 year term COUNCILMAN LOMBARD MOVED TO APPROVE GN 2010 -046, REAPPOINTING ALL EXISTING MEMBERS OF THE BOARD. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.6 GN 2010 -050 APPOINTMENT OF MUNICIPAL JUDGE AND ALTERNATE JUDGES AND ESTABLISH SALARY - ORDINANCE NO. 3098 APPROVED Mr. Mark Hindman, City Manager presented the item. Chapter 58 of the Code of Ordinances establishes Municipal Court of Record No. 1 and outlines the procedures for the appointment of the Municipal Judge to the Court. With a Municipal Court of Record, the City follows the requirements of State law and Local Government Code Section 30.0006 describes the qualifications of the judge. After visiting with members of the Court, Police and Judge Bass, who is currently serving as Judge, the recommendation from Staff to Council is to consider reappointing Judge Bass to the position of Municipal Judge. Mayor Trevino advised that Mr. Kent Davis had submitted a request to speak and if Council wished to hear from Mr. Davis, a motion was needed to waive the Council Rules of Procedure. COUNCILMAN TURNAGE MOVED TO WAIVE THE COUNCIL RULES OF PROCEDURE TO ALLOW KENT DAVIS TO SPEAK ON THE ITEM. MAYOR PRO TEM SAPP SECONDED THE MOTION. MOTION TO WAIVE THE RULES CARRIED 7 -0. Mr. Kent Davis, 6817 Knob Hill Drive advised he had an issue with the appointment of the Municipal Judge. Mr. Davis stated that the issue began two years ago when the Judge who had 18 years of service to the City as a council member and municipal judge was replaced. Mr. Davis spoke on the Charter providing that the judge shall be a resident of the city. Mr. Davis expressed concerns that the individual who was representing the Court was not a resident of North Richland Hills. Mr. George Staples, Attorney for the City, addressed the residency requirements of the Judge. Mr. Staples advised the Charter provides for an elected judge to be a judge of regular municipal court, not a court of record. The City of North Richland Hills has a Court of Record and follows state procedures. When Judge Oujesky was Judge, he was not elected because the state requirements did not require it. The City cannot have both a court of record and a non court of record. The City has chosen to have a Court of Record. At the time Judge Oujesky served as Judge the City was following State law and the Charter did not govern. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2010 -050, ORDINANCE No. 3098, APPOINTING STEWART BASS AS JUDGE OF THE MUNICIPAL COURT OF RECORD NO. 1, APPOINTING GLYNNIS MCGINTY AND LORRAIN IRBY TO SERVE AS MUNICIPAL JUDGE IN THE TEMPORARY ABSENCE OF THE JUDGE AND SETTING THE SALARY FOR THE TERM. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -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. Residents are invited to join us as we kick off our Independence Day weekend with a Fireworks Show on Saturday, July 3rd. The show will begin at 9:30 p.m. and can be seen from the parking lot of the ATI Career Training Center on Boulevard 26. Don't forget to bring lawn chairs, blankets, picnic baskets and games for the family to play while waiting for the fireworks. The fireworks show is a joint project of the Northeast Tarrant Chamber of Commerce and the cities of North Richland Hills, Haltom City and Richland Hills. This year's show is also made possible thanks to the support of Chesapeake Energy and several other local sponsors. City Hall and other non - emergency City offices will be closed on Monday, July 5th in observance of the Independence Day Holiday. The NRH Recreation Center, Library, Tennis Center and Senior Centers will also be closed. NRH2O and Iron Horse Golf Course will remain open. Garbage and recycling schedules will not change due to the holiday. Kudos Korner — Cindy Shannon, Police Department. A letter was received from a future resident thanking Cindy for being helpful, fast and knowledgeable, and for providing a great first impression of the City. Cindy provided all the information requested and put the family at ease about the neighborhood where they are purchasing a new home. They were very impressed with her service and look forward to moving to North Richland Hills. A Look Through the Lens - In celebration of our community, the City Council Meeting ended with a short video highlighting recent activities in North Richland Hills. The video included images from the Summer Reading Club, the Neighborhood Initiative kickoff event, NRH2O's participation in the World's Largest Swim Lesson and recent ribbon cuttings. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:02 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 7 -12 -2010 Presented by: Larry Koonce Agenda No. B.3 Subject: PU 2010 -015 Authorize an Inter -local Purchasing Agreement with The Inter - local Purchasing System (TIPS/TAPS) Summary: This item is to authorize the City to enter into an inter -local agreement with The Inter - local Purchasing System and become a cooperative member allowing the City to take advantage of cost savings for goods and services including audio visual equipment, janitorial supplies, library books and vehicles. General Description: The Inter -local Purchasing System (TIPS/TAPS) is sponsored by the Region VIII Education Service Center (ESC8) located in Mount Pleasant, Texas and is governed by the Region 8 ESC Board of Directors. The Inter -local Purchasing System is available for use by all public and private schools, colleges, universities, cities, counties and other government entities. TIPS/TAPS Awarded Vendors have submitted proposals under the Competitive Bid Process and received a Contract of Award through TIPS/TAPS. These Awarded Vendors have agreed to provide the best pricing, terms and conditions available to TIPS/TAPS members. The Local Government Code states that a purchase made under a cooperative purchasing program satisfies any State laws that would require the City to solicit competitive bids. The Inter -local Purchasing System (TIPS/TAPS) intent is to extend options to local governments and other political subdivisions. Participation in this program will be cost effective in that the City is able to take advantage of economies of scale. The legally required bidding and awarding of contracts on commonly purchased items will also save the City the costs associated with the competitive bid process. Council has authorized several of these inter -local agreements which are very beneficial to North Richland Hills. By having available contracts through numerous inter -local agreements, the purchasing division is able to compare pricing. It also allows a quicker turn around time for our end users. Recommendation: Authorize an inter -local purchasing agreement with The Inter -local Purchasing System (TIPS/TAPS). CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 7 -12 -2010 Presented by: Jimmy Cates Agenda No. B.4 Subject: PU 2010 -016 Renew Contract for Rights -of -Way Mowing Services with Signature Contracting Services LLC Summary: This item is to request Council approval to extend the contract with Signature Contracting Services LLC for rights -of -way mowing services. The initial 2009 contract was for a period of one (1) year estimated at $270,000 and included an option to renew the existing contract for three (3) additional years. This will be the first one (1) year renewal option. General Description: In the FY 2009/2010 approved budget, Council allocated funds for mowing services for all rights -of -ways, street medians, drainage channels, water storage tanks and pump station sites. These services are covered by the annual Rights -of -Way Mowing Contract. Mowing services usually start in late spring and end by late fall. Mowing fees are based on "per mowing cycle" prices established for each area to be mowed. The total cost will vary based on the number of mowing cycles actually required. Formal bids were solicited and a contract to provide these services was approved during the July 13, 2009 (PU 2009 -025) Council meeting. The specifications called for pricing to remain firm for a twelve (12) month period with options to extend the contract an additional three (3) twelve (12) month periods providing it remains beneficial to the City as well as Signature Contracting Services. Public Works has reviewed the services provided by the vendor and the vendor's work has met the department's expectations. The vendor has agreed to extend the same contract pricing through July 13, 2011. Purchasing staff has reviewed the current market and recommends that we continue our relationship with Signature Contracting. Sufficient funding is available to cover the estimated $270,000 in expenditures through the City's contractual right -of -way mowing account. Recommendation: To renew Bid No. 09 -028 for Right -of -Way Mowing Services with Signature Contracting Services LLC. Rx nate/lice ib:Ue P. 001 JUN WED 05:28 P P, 001/001 NORTH RICHLAND HILLS City of Choice June 17, 2010 Signature Contracting Services LLC 1510 Jelrnak Grand Prabie, TX 75050 Phone: 214396,1434 Fax: 214,596.1634 Re: RFB No. 09'028 &mai Contract for Right-of-Way Mowing Services for Public Works awarded by Council in July 13 of 2009. (PU2009-025) Referenced contract was for one (1) year with three (3) options to renew for additional twelve (12) months each, The original contract was for the period of July 14, 2009 through July 13, 2010. The effective dates for the first renewal option will run front July 14, 2010 through July 1 2011. The North Richland Hills Purchasing Department hereby extends an invitation to Signature Contracting Services to accept the first option for an additional one (1) year period for this contract as awarded on My 13, 2009. Please mark the appropriate response below and provide your signature above your printed name. All prices must remain firm for the Option Renewal period through July 13, 2011, ( es, Signature Contracting Services will accept the offer to extend the same contract 14 pricing through July 13, 2011. ( ) No, Signature Contracting Services will NOT accept the offer to extend the same contract pricing through July 13, 2011. Please fax you signed response to (817) 427.6151 by June 25, 2010 Sincerely, A A it..14.4 --- lane Brockway, Purchasing Manger e5tUfrfailt-1 dity of North Richland Hile Signature Contracting Services CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: 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: 7 -12 -2010 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 7 -12 -2010 Presented by: Joe Pack Agenda No. F.1 Subject: GN 2010 -051 Authorize the City Manager to Execute a Memorandum of Understanding with TxDOT Adopting TxDOT's Federally Approved Disadvantaged Business Enterprise Program Summary: This item is to execute a Memorandum of Understanding with TxDOT adopting their Disadvantaged Business Enterprises (DBE) program, which is a prerequisite for performing any construction related work funded from the American Recovery and Reinvestment Act (ARRA) through TxDOT. General Description: The Boulevard 26 Trail is an approved Parks and Recreation Capital Improvement Program project providing for the design and construction of the multi -use trail between Rodger Line Drive and Booth Calloway Road along Calloway Branch. On May 24, 2010 Council approved the contract with GreenScaping for the construction of the trail. Funding is provided through ARRA on a reimbursement basis, administered through TxDOT, for 80% of the total construction cost. All ARRA projects through TxDOT are subject to the DBE requirements. A local government has the option of operating under TxDOT's DBE program for these projects. The Texas Transportation Code 201.702 requires that TxDOT set goals for awarding state or federally funded contracts to disadvantaged businesses. The specification for the Boulevard 26 Trail project, as approved by TxDOT, included the necessary DBE goal to meet the requirement for federal funds. However, TxDOT is now requiring that the City execute a Memorandum of Understanding (MOU) acknowledging the adoption TxDOT's DBE program which also provides guidelines for enforcing proper record keeping and report filing. The MOU documents that NRH will recommend contract specific goals consistent with TxDOT's DBE guidelines for federally funded projects. Goals include: • Ensure non - discrimination in the award and performance of federal contracts. • Remove barriers to the participation of DBE's in federally assisted contracts. • Ensure proper DBE reporting to TxDOT. • Undergo TxDOT sponsored training classes related to DBE requirements associated with contract compliance. Recommendation: To authorize the City Manager to execute a Memorandum of Understanding with TxDOT adopting TxDOT's federally approved Disadvantaged Business Enterprise Program. MEMORANDUM OF UNDERSTANDING REGARDING THE ADOPTION OF THE TEXAS DEPARTMENT OF TRANSPORTATION'S FEDERALLY - APPROVED DISADVANTAGED BUSINESS ENTERPRISE PROGRAM BY THE CITY OF NORTH RICHLAND HILLS This Memorandum of Understanding is by and between the TEXAS DEPARTMENT OF TRANSPORTATION ( "TxDOT "), an agency of the State of Texas; and The City of North Richland Hills, a political subdivision of the State of Texas. Whereas, from time to time The City of North Richland Hills receives federal funds from the Federal Highway Administration ( "FHWA ") through TxDOT to assist The City of North Richland Hills with the construction and design of projects partially or wholly funded through FHWA; and Whereas, The City of North Richland Hills, as a sub - recipient of federal funds, is required by 49 CFR 26, to implement a program for disadvantaged business enterprises ( "DBEs "), as defined by 49 CFR 26 ( "DBE Program "); and Whereas, TxDOT has implemented a Disadvantaged Business Enterprise Program (DBE Program) that is approved by the FHWA pursuant to 49 CFR part 26; and Whereas, certain aspects of The City of North Richland Hills procurement of construction and design services are subject to review and /or concurrence by TxDOT as a condition of receiving federal funds from FHWA through TxDOT; and Whereas, The City of North Richland Hilis and TxDOT undertake substantially similar roadway construction projects and design projects and construct and design their respective projects using substantially the same pool of contractors; and Whereas, The City of North Richland Hills desires to implement a federally compliant DBE Program by adopting the TxDOT approved program, as recommended by FHWA; and Whereas, TxDOT and The City of North Richland Hills find it appropriate to enter into this Memorandum of Understanding to memorialize the obligations, expectations and rights each has as related to The City of North Richland Hills adoption of the TxDOT DBE Program to meet the federal requirements; Now, therefore, TxDOT and The City of North Richland Hilis, in consideration of the mutual promises, covenants and conditions made herein, agree to and acknowledge the following: (1) TxDOT has developed a DBE Program and annually establishes a DBE goal for Texas that is federally approved and compliant with 49 CFR 26 and other applicable laws and regulations. (2) The City of North Richland Hills is a sub - recipient of federal assistance for construction projects and design projects and, in accordance with 49 CFR § 26.21, must comply with a federally approved DBE Program. The City of North Richland Hills receives its federal assistance through TxDOT. As a sub - recipient, The City of North Richland Hills has the option of developing its own program or adopting and operating under TxDOT's federally approved DBE Program. The FHWA recommends that sub - recipients, such as The City of North Richland Hills, adopt the DBE program, administered through TxDOT, and The City of North Richland Hills by its prescribed protocol adopted the TxDOT DBE Program on (date of open meeting when adoption occurred) July 12, 2010. (3) This Memorandum of Understanding evidences FHWA's and TxDOT's consent to the adoption of the TxDOT DBE Program by The City of North Richland Hills to achieve its DBE participation in federally assisted Construction and Design Projects. (4) The parties will work together in good faith to assure effective and efficient implementation of the DBE Program for The City of North Richland Hills and for TxDOT. (5) The City of North Richland Hills and TxDOT have agreed upon the following delegation of responsibilities and obligations in the administration of the DBE Program adopted by The City of North Richland Hills: (a) The City of North Richland Hills will be responsible for project monitoring and data reporting to TxDOT. The City of North Richland Hills will furnish to TxDOT any required DBE contractor compliance reports, documents or other information as may be required from time to time to comply with federal regulations. TxDOT will provide the necessary and appropriate reporting forms, to The City of North Richland Hills. (b) The City of North Richland Hills will recommend contract - specific DBE goals consistent with TxDOT's DBE guidelines and in consideration of the local market, project size, and nature of the good(s) or service(s) to be acquired. The City of North Richland Hills recommendation may be that no DBE goals are set on any particular project or portion of a project or that proposed DBE goals be modified. The City of North Richland Hills and TxDOT will work together to achieve a mutually acceptable goal, however, TxDOT will retain final decision - making authority regarding DBE goals. (c) TxDOT will cooperate with The City of North Richland Hills in an effort to meet the timing and other requirements of The City of North Richland Hills projects. (d) The City of North Richland Hills will be solely responsible for the solicitation and structuring of bids and bid documents to procure goods and services for its projects that use federal funds and will be responsible for all costs and expenses incurred in its procurements. (e) The DBEs eligible to participate on TxDOT construction projects or design projects also will be eligible to participate on The City of North Richland Hills construction projects or design projects subject to the DBE Program. The DBEs will be listed on TxDOT's website under the Texas Unified Certification Program (TUCP). (f) The City of North Richland Hills will conduct reviews and provide reports with recommendations to TxDOT concerning any DBE Program compliance issues that may arise due to project specific requirements such as Good Faith Effort (GFE), Commercially Useful Function (CUF), etc. The City of North Richland Hills and TxDOT will work together to achieve a mutually acceptable goal, however, TxDOT will retain final decision - making authority on those issues and reserves the right to perform compliance reviews. The City of North Richland Hills shall provide TxDOT with a listing of sanctions that will be assessed against contractors for violation of federal DBE regulations and its procedures for investigation of violations and assessment of sanctions for documented violations. The City of North Richland Hills will require contractors for its FHWA federally assisted projects to use the attached forms as follows: Attachment 1 — Disadvantaged Business Enterprise (DBE) Program Commitment Agreement Form SMS 4901 Attachment 2 — DBE Monthly Progress Report Form SMS 4903 Attachment 3 — DBE Final Report Form SMS 4904 Attachment 4 — Prompt Payment Certification Form (Federal -air Projects) 2177 (g) The City of North Richland Hills will designate a liaison officer to coordinate efforts with TxDOT's DBE Program administrators and to respond to questions from the public and private sector regarding The City of North Richland Hills administration of the DBE Program through TxDOT. (h) The City of North Richland Hills will be responsible for providing TxDOT with DBE project awards and DBE Commitments, monthly DBE reports, DBE Final Reports, DBE shortfall reports, and annual and updated goal analysis and reports. (i) TxDOT will be responsible for maintaining a directory of firms eligible to participate in the DBE Program, and providing business development and outreach programs. The City of North Richland Hills and TxDOT will work cooperatively to provide supportive services and outreach to DBE firms in The City of North Richland Hills area. (j) The City of North Richland Hills will submit DBE semi - annual progress reports to TxDOT. (k) The City of North Richland Hills will participate in TxDOT sponsored training classes to include topics on Title VI of the Civil Rights Act of 1964, DBE Annual Goals, DBE Goal Setting for Construction Projects and Design Projects, DBE Contract Provisions, and DBE Contract Compliance, which may include issues such as DBE Commitments, DBE Substitution, and Final DBE Clearance. TxDOT will include DBE contractors performing work on The City of North Richland Hills projects in the DBE Education and Outreach Programs. (I) The Executive Director of The City of North Richland Hills will implement all federal requirements , including those stated in Attachments A through F, which are incorporated as though fully set out herein for all purposes. (m) In accordance with 23 CFR 200.1, The City of North Richland Hills shall develop procedures for the collection of statistical data (race, color, religion, sex, and national origin) of participants in , and beneficiaries of Sate highway programs, i.e., relocatees, impacted citizens and affected communities; develop a program to conduct Title VI review of program areas; and conduct annual reviews of special emphasis program areas to determine the effectiveness of program area activities at all levels. TxDOT, in accordance with federal law, may conduct compliance reviews by TxDOT's OCR. (n) The City of North Richland Hills will comply with 49 CFR 26.29 as stated in Attachment F. (6) In the event there is a disagreement between TxDOT and The City of North Richland Hills about the implementation of the TxDOT DBE Program by The City of North Richland Hills the parties agree to meet within ten (10) days of receiving a written request from the other party of a desire to meet to resolve any disagreement. The parties will make good faith efforts to resolve any disagreement as efficiently as is reasonably possible in consultation with FHWA. Non - compliance by The City of North Richland Hills can result in restitution of federal funds to TxDOT and withholding of further federal funds upon consultation with FHWA. (7) This Memorandum of Understanding becomes effective upon execution by all parties and automatically renews each year unless a party notifies the other parties of its intent to terminate the agreement. (8) If this Memorandum of Understanding is terminated for any reason, The City of North Richland Hills will be allowed reasonable time in which to seek approval from FHWA for an alternative DBE Program, without being deemed non- compliant with 49 CFR Part 26. (9) This Memorandum of Understanding applies only to projects for which The City of North Richland Hills is a sub - recipient of federal funds through TxDOT. The City of North Richland Hills may also implement a Minority and Women -Owned Small Business Enterprise (M/W /SBE) policy and program that applies to projects for which it is not a sub - recipient of federal funds through TxDOT and which are not subject to the TxDOT DBE Program. The City of North Richland Hills may, at its option, use some aspects of the TxDOT DBE Program and other similar programs in implementing its other policies and programs for its non - federally funded projects. (10) The following attachments to this Memorandum of Understanding are also incorporated as if fully set out herein for all purposes: Attachment A - FHWA Memorandum HCR- 1 /HIF -1 (relating to access required by the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973); Attachment B - SPECIAL PROVISION — Local Government/CDA/RMA /Non- Standard Contracts Attachment C — 49 CFR §26.13 (contractual assurances) Attachment D — DBE Program Compliance Guidance for Local Government Agencies Attachment E — FHWA Form 1273 Attachment F — Texas Department of Transportation (TxDOT) Disadvantaged Business Enterprise (DBE) Program with attachments as follows: Attachment F 1 — DBE Regulations: 49 CFR Part 26 Attachment F 2 — DBE Special Provisions 000 -461 Attachment F 3 — TxDOT's Organizational Chart Attachment F 4 — Measurement and Payment Special Provision 009 -007 Attachment F 5 — Texas Unified Certification Program (TUCP) DBE directory example and website address to the directory Attachment F 6 — DBE Goal Methodology Attachment F 7 — DBE Bidder Certification Attachment F 8 — DBE Joint Check Approval Form Attachment F 9 — TUCP Standard Operating Procedures (SOP) Attachment F 10 — TUCP Memorandum of Agreement (MOA) Attachment F 11 — Forms list (11) The following procedure shall be observed by the parties in regard to any notifications: (a) Any notice required or permitted to be given under this Memorandum of Understanding shall be in writing and may be effected by personal delivery, by hand delivery through a courier or a delivery service, or by registered or certified mail, postage prepaid, return receipt requested, addressed to the proper party, at the following address: The City of North Richland Hills: Mr. Mark Hindman City Manager Hand Delivery: 7301 NE Loop 820 North Richland Hills, Texas 76180 Registered or Certified Mail (Return receipt requested): 7301 NE Loop 820 North Richland Hills, Texas 76180 TEXAS DEPARTMENT OF TRANSPORTATION DBE Liaison Office of Civil Rights Address: 125 E. 11th Street Austin, Texas 78701 (b) Notice by personal delivery or hand delivery shall be deemed effective immediately upon delivery, provided notice is given as required by Paragraph (a) hereof. Notice by registered or certified mail shall be deemed effective three (3) days after deposit in a U.S. mailbox or U.S. Post Office, provided notice is given as required by Paragraph (a) hereof. (c) Either party hereto may change its address by giving notice as provided herein. (12) This Memorandum of Understanding may be modified or amended only by written instrument, signed by both The City of North Richland Hills and the Texas Department of Transportation and dated subsequent to the effective date(s) of this MOU. Except as authorized by the respective parties, no official, employee, agent, or representative of the parties has any authority, either express or implied, to modify or amend this MOU. (13) The provisions of this MOU are severable. If any clause, sentence, provision, paragraph, or article of this MOU, or the application of this MOU to any person or circumstance is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not impair, invalidate, nullify, or otherwise affect the remainder of this MOU, but the effect thereof shall be limited to the clause, sentence, provision, paragraph, or article so held to be invalid, illegal, or unenforceable, and the application of such clause, sentence, provision, paragraph, or article to other persons or circumstances shall not be affected; provided, however, The City of North Richland Hills and TxDOT may mutually agree to terminate this Memorandum of Understanding. (14) The following provisions apply in regard to construction of this MOU: (a) Words of any gender in this MOU shall be construed to include the other, and words in either number shall be construed to include the other, unless the context in this MOU clearly requires otherwise. (b) When any period of time is stated in this MOU, the time shall be computed to exclude the first day and include the last day of the period. If the last day of any period falls on a Saturday, Sunday, or national holiday, or state or county holiday, these days shall be omitted from the computation. All hours stated in this MOU are stated in Central Standard Time or in Central Daylight Savings Time, as applicable. (15) This Memorandum of Understanding shall not be construed in any way as a waiver by the parties of any immunity from suit or liability that parties may have by operation of law, and the parties hereby retain all of their respective affirmative defenses. EXECUTED in triplicate originals by TxDOT and The City of North Richland Hills, acting through each duly authorized official and effective on the latest date signed. The signatories below confirm that they have the authority to execute this MOU and bind their principles. TEXAS DEPARTMENT OF TRANSPORTATION THE CITY OF NORTH RICHLAND HILLS By: By: Amadeo Saenz, Jr. P.E. Mark Hindman Executive Director City Manager Date: Date: CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Council Meeting Date: 7 -12 -2010 Presented by: Paige Burroughs Agenda No. F.2 Subject: GN 2010 -053 Youth Advisory Committee End of Year Report In accordance with the Youth Advisory Committee's By -Laws, Outgoing Chair Paige Burroughs will present the YAC's year end report to City Council. The report is attached for review. Recommendation: Accept the Youth Advisory Committee's year -end report to the City Council. Report of Youth Advisory Committee 2009/2010 To City Council of North Richland Hills The Youth Advisory Committee (YAC) has completed its twelfth year of successful accomplishments. It has worked well as a committee to achieve its goals and objectives for the 2009/2010 school year. Besides learning about various city departments, YAC volunteered with different city programs. This year, the Youth Advisory Committee continued to learn about different city departments. Representatives from across the City spoke to YAC about various city functions throughout the year. Officer Gwen Kasterke gave a tour of the Police Department. Sharon Davis discussed city wide special events, such as Hoot `n Howl and Night of Holiday Magic. Elizabeth Reining explained the work of the City Managers' Office. Craig Hulse explained the importance of economic development. Gaylon Cremeen gave a tour of the Public Works Service Center. Jo Ann Stout discussed the Neighborhood Initiative Program. Mark Mills explained how the City's budget was developed. Chun Mezger talked about work at the Animal Adoption and Rescue Center. YAC also used the Council Chambers for one of their meetings to learn about City Council. YAC members again volunteered at Hoot `N Howl and Night of Holiday Magic. YAC also completed a NIP service project in February, with most YAC members saying this was the highlight of the year. Overall, the Youth Advisory Committee feels that the 2009/2010 year has been another great year and looks forward to success in the coming years. CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Council Meeting Date: 7 -12 -2010 Presented by: Elizabeth Reining Agenda No. F.3 Subject: GN 2010 -052 Approval of New Committee Members to the Youth Advisory Committee Summary: The Youth Advisory Committee (YAC) currently has 7 vacancies. Below is a recommendation to fill a portion of those vacancies. General Description: The Youth Advisory Committee (YAC) currently has 7 vacancies due to members graduating this spring. To partially fill these vacancies, the following new members are recommended for appointment: Dylan Barth - Birdville High School -Grade 9 Mason Chaney - Richland High School -Grade 9 Kim Horany - Richland High School -Grade 11 Lynsey McDonald - Richland High School -Grade 12 Dhara Lad - Richland High School -Grade 12 These new appointments are in accordance with the YAC by -laws. Additional appointments to fill the remaining YAC vacancies will be brought to City Council at a later date. YAC has 5 members that are returning and in good standing. According to the by -laws currently in effect, these members are automatically re- appointed to one -year terms. Morgan Chaney - Richland High School -Grade 12 Madeline Orr - Richland High School -Grade 12 Brandon Vinson - Richland High School -Grade 10 Megan Servage - Richland High School -Grade 11 Nicole Zajimovic - Richland High School -Grade 11 Recommendation: Approve the Youth Advisory Committee's recommendations for new committee members for 2010/2011. CITY OF NORTH RICHLAND HILLS Department: Economic Development Council Meeting Date: 7 -12 -2010 Presented by: Craig Hulse Agenda No. F.4 Subject: GN 2010 -048 Approve a Resolution Authorizing the 'Business Improvement and Growth Program' Promoting Targeted Economic Development to Local Businesses • Resolution No. 2010 -023 Summary: Staff is requesting City Council modify some of the elements of the Business Improvement and Growth Program (BIG) to enhance the overall efficiency and effectiveness of the program. General Description: Per the Council Gas Fund Policy, and in support of City Council's goal of Quality Community Development and Revitalization, the Business Improvement and Growth Program (BIG) aims to enhance mature commercial corridors by utilizing reserves to encourage private commercial re- investment. Over the past 18 months, the BIG program has offered financial assistance to 10 businesses in the amount of $68,666. Although the program is a dollar for dollar match, this investment has harvested a 3 to 1 return on investment, with over $200,000 in improvements. While the overall strategy and foundation of the program is successful, 18 months has allowed staff to evaluate certain elements that, if modified, would enhance the overall efficiency and effectiveness of the program. The enhancements are listed below in comparison to the current program features. Facade Current Proposed Match Rate 50% 25% Grant Maximum $10,000 $20,000 Minimum Project Cost No Minimum $20,000 Approval Committee(s) DRC Only DRC +BIG Review Committee Rationale • Match rate reduction will create additional mileage for the limited pool of grant funds • Increase in grant maximum will enhance the program's value toward eligible commercial properties • Minimum project cost will force applicants to think bigger • A separate BIG Review Committee will focus on the quality and impact of each project application, while DRC will focus on conformance to existing codes and ordinances Signage Current Proposed Match Rate 50% 50% Grant Maximum $3,000 $5,000 Sign Type All Conforming Conforming Monument Only Rationale • Increase in grant maximum is more in line with program's original intent to fund approximately one half the cost of a conforming monument sign • The grant will clearly only support conforming monument signs versus all conforming signs The overall goal of BIG is to encourage, reward and provide assistance to projects that facilitate revitalization. Understanding limited fund availability; the proposed enhancements will make more efficient use of each grant, while ensuring effective revitalization. Recommendation: To approve Resolution No. 2010 -023 enhancing the current Business Improvement and Growth Program 1s4 itH RESOLUTION NO. 2010 -023 WHEREAS, the City Council desires to establish a program whereby economic development agreements for grants of up to $25,000 would be authorized for businesses along Boulevard 26, Rufe Snow and Davis Boulevards south of Mid - Cities and businesses along Glenview Drive and Bedford - Euless Road for the removal of non - conforming signs, facade and parking improvements and construction of conforming monument signs; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: THAT Resolution No. 2009 -001 and Resolution No. 2009 -039 are hereby repealed. SECTION 2: As authorized by Chapter 380, Texas Local Government Code a Business Improvement and Growth (BIG) program is hereby established under which City will, in order to promote local economic development and stimulate business and commercial activity in the municipality, grant to businesses along Boulevard 26, Rufe Snow and Davis Boulevards south of Mid - Cities in addition to businesses along Glenview Drive and Bedford - Euless Road a sum not exceeding $25,000 each consisting of up to a 50% match up to $5,000 for a new conforming monument sign and a separate 25% match up to $20,000 toward the cost of eligible facade and parking improvements that exceed a $20,000 minimum total project cost. Such grants will be conditioned on an approved design and color scheme by the Development Review and BIG Review Committees and compliance by such business grantee with all regulations and ordinances concerning the business and payment of all outstanding taxes on such business, remaining where such improvements are made for at least one year and, if such grantee is the owner of such property, to actively market any available vacant space located on such property for at least 24 months from the date of such grant agreement. The City Manager is authorized to sign grant documents. AND IT IS SO RESOLVED. PASSED AND APPROVED this the 12th day of July, 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: Craig Hulse, Director of Economic Development ECONOMIC DEVELOPMENT AGREEMENT The parties to this Agreement are the City of North Richland Hills ( "City ") and ( "Grantee "). The purpose of this Agreement is to establish the terms of a grant under City's Business Improvement and Growth (BIG) program authorized by Chapter 380, Texas Local Government Code under which City will, in order to promote local economic development and stimulate business and commercial activity in the municipality, grant to the Grantee a sum not exceeding $25,000.00 as reflected on Exhibit A to this Agreement consisting of the removal of non - conforming signage, a 50% match up to $5,000.00 toward the cost of a new conforming monument sign and a separate 25% match up to $20,000.00 toward eligible facade and parking improvements that exceed a $20,000 minimum total project cost. This grant is conditioned on compliance by Grantee with all regulations and ordinances concerning the business described in Exhibit A and payment of all outstanding taxes on such business, and the design and color scheme used are approved by both the Development Review Committee and BIG Review Committee. For and in consideration of the mutual undertakings and conditioned as hereinafter set forth, the parties agree as follows: 1. City agrees to pay a BIG economic development grant to Grantee in the amount reflected on Exhibit A hereto upon completion of the required improvements and proof of payment of the cost thereof. Such grant shall be payable within 30 days after proof is submitted by Grantee of payment of such costs. 2. Grantee agrees to construct the improvements described at the location stated on Exhibit A hereto on or before _ , 20 Grantee further agrees to refund to City the entire amount of the grant unless Grantee remains in business at the location described in Exhibit A hereto for at least one year and, if Grantee is the owner of such property, to actively market any available vacant space located on such property for at least 24 months from the date hereof. 3. Any notice and /or statement required and permitted to be delivered shall be deemed delivered by depositing same in the United States mail, certified mail with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other addresses provided by the parties in writing: City: with a copy to: George A. Staples, Esq. TAYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P. 6000 Western Place, Suite 200 Fort Worth, Texas 76107 Phone: 817/332 -2580 Grantee: 4. Regardless of the actual drafter(s) of this Agreement, this Agreement shall, in the event of a dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against any party. 5. This Agreement is made and shall be construed under the laws of the State of Texas, and venue shall lie in Tarrant County, Texas. 6. This Agreement may only be amended, altered or revoked by written instrument signed by City and Grantee. There are no other Agreements between the parties hereto. 7. As required by Texas law, this grant is conditioned upon the compliance by Grantee with laws prohibiting employment of undocumented workers. Should the Grantee employ a non citizen who lacks legal authority to work in this country during the five years immediately following the payment of the grant which is the subject of this agreement, such grant shall be deemed forfeited and shall be immediately repaid City. This Agreement is made and entered into this day of , 20_, at North Richland Hills, Tarrant County, Texas. CITY OF NORTH RICHLAND HILLS By: Mark Hindman, City Manager GRANTEE By: CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Councilman David Whitson Agenda No. H.1 Subject: Announcements - Councilman Whitson Announcements Dive -in Movies continue on Friday nights at NRH2O. Join us on July 16th for "Jaws" and on July 23rd for "Imagine That." Dive -in Movies are free with paid admission to the park. For more details, please call 817 - 427 -6500. Learn CPR and save a life! The North Richland Hills Fire Department is offering CPR classes on July 17, August 19 and September 18. The cost is $25. The class is American Heart Association approved and participants will receive a Certification Card. To sign up or get more information, please call 817 - 427 -6900. A new Job Seekers Help Group meets at the North Richland Hills Public Library each Thursday from 6:30 to 7:30 p.m. Participants receive resume, cover letter and interview advice from experts and other job seekers. For 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. Mike Ford & Staff, Iron Horse Golf Course A note was received from a resident who celebrated his 90th birthday with a family golf outing at Iron Horse Golf Course. The resident said Mike and the rest of the Iron Horse staff were very professional and provided outstanding customer service. It was a great day thanks to their wonderful hospitality. With service like this it is no wonder that Iron Horse continues to receive awards such as the recent recognition as the "Best Public Golf Course" by Fort Worth, Texas magazine. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -12 -2010 Presented by: Agenda No. H.2 Subject: Adjournment