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CC 2012-07-09 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 9, 2012 6:30 P.M. A.0 Discuss Items from Regular City Council Meeting 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 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 6, 2012 at W.CC a.m. s 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. City Council Agenda - July 9, 2012 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 9, 2012 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 Barth A.2 Pledge - Councilman Barth A.3 Special Presentation and Recognition(s) - Recognition of The Hangin' With The Heat Summer Camp 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 the 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. City Council Agenda - July 9, 2012 Page 2 of 4 s B.1 Approval of Minutes of June 25, 2012 City Council Meeting B.2 GN 2012 -052 Establishing procedure for judicial appeal of Substandard Building Board Orders - Ordinance No. 3207 B.3 PW 2012 -020 Approve an Ordinance Amending Chapter 78: "Utilities" of the North Richland Hills Code of Ordinances as it Pertains to Water Wells - Ordinance No. 3208 C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 RP 2012 -02 Consideration of a Replat to create Lot 1 R, Block A, College Hill Addition on property currently described as Blocks A and B and Lot A, Block 28, College Hill Addition; located on 41.07 acres at 6200 Holiday Lane. D.2 RP 2012 -06 Consideration of a Replat to create Tracts 2R -1, 2R -2, and 2R -3, NRH Industrial Park on property currently described as Tract 2, of Tract 1, 2, and 3, NRH Industrial Park; located on 3.275 acres in the 5700 Block of Rufe Snow Drive. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2012 -051 Selective Traffic Enforcement Program FY 2013 Grant - Resolution No. 2012 -023 F.2 GN 2012 -053 Appointments to Boards & Commissions F.3 GN 2012 -054 Appointments to Civil Service Commission - Places 1, 2, 4, 5 & Ex Officios F.4 GN 2012 -055 Appointments to Red Light Camera Advisory Committee F.5 GN 2012 -056 Appointments to Park and Recreation Facilities Development Corporation - Places 1, 3, 5 and 7 F.6 GN 2012 -057 Appointments to Animal Adoption & Rescue Center Advisory Committee - Places 2 and 4 F.7 GN 2012 -058 Appointment of Board Delegate to Reinvestment Zone No. 1 and Reinvestment Zone No. 2 City Council Agenda - July 9, 2012 Page 3 of 4 F.8 GN 2012 -059 Brinkley Sargent Architects Professional Services Agreement - Resolution No. 2012 -024 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 Welch 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 July 6, 2012 at .�C� a.m. I *s tant ity 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. City Council Agenda - July 9, 2012 Page 4 of 4 City of North. Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, July 9, 2012 6:3!0 P.M. A.0 Discuss Items from Reaular Citv Council Meetina B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551. Texas Government Code C.0 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. A.a Discuss Items from Regular City Council Meeting M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 7 -9 -2012 Subject Agenda Item No. 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 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 7 -9 -2012 Subject Agenda Item No. C.0 Adjournment City of North Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, July 9, 2012 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Barth A.2 Pledge - Councilman Barth A.3 Special Presentation and Recoanition(s) - Recoanition of The Hanain" With The Heat Summer Camp AA 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 the 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 25, 2012 Citv Council Meetina B.2 GN 2012 -052 Establishina procedure for iudicial appeal of Substandard Buildinq Board Orders - Ordinance No. 3207 B.3 PW 2012 -020 Approve an Ordinance Amendinq Chapter 78: "Utilities" of the North Richland Hills Code of Ordinances as it Pertains to Water Wells - Ordinance No. 3208 C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 RP 2012 -02 Consideration of a Replat to create Lot 1 R, Block A, College Hill Addition on property currently described as Blocks A and B and Lot A. Block 28, Colleae Hill Addition: located on 41.07 acres at 6200 Holidav Lane. D.2 RP 2412 -06 Consideration of a Replat to create Tracts 2R -1, 2R -2, and 2R -3, NRH Industrial Park on propertv currently described as Tract 2. of Tract 1. 2, and 3. NRH Industrial Park: located on 3.275 acres in the 5700 Block of Rufe Snow Drive. E.0 PUBLIC WORKS No items for this category. zl�e3 :11 0 4 I :11a7_101901 ►►i6 F.1 GN 2012 -051 Selective Traffic Enforcement Proaram FY 2013 Grant - Resolution No. 2012 -023 F.2 GN 2012 -053 Appointments to Boards & Commissions F.3 GN 2012 -054 Appointments to Civil Service Commission - Places 1. 2. 4. 5 & Ex Officios F.4 GN 2+012 -055 Appointments to Red Licht Camera Advisory Committee F.5 GN 2012 -056 Appointments to Park and Recreation Facilities Development Corporation - Places 1. 3. 5 and 7 F.6 GN 2012 -057 Appointments to Animal Adoption & Rescue Center Advisory Committee - Places 2 and 4 F.7 GN 2012 -058 Appointment of Board Deleaate to Reinvestment Zone No. 1 and Reinvestment Zone No. 2 F.8 GN 2012 -059 Brinklev Saraent Architects Professional Services Aareement - Resolution No. 2012 -024 G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aaenda H.1 Announcements - Councilman Welch H,2 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 7 -9 -2012 Subject Agenda Item No. A.0 Call to Order - Mayor Trevino M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 7 -9 -2012 Subject Agenda Item No. A.1 Invocation - Councilman Barth M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. A.2 Pledge - Councilman Barth M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. A.3 Special Presentation and Recognition(s) - Recognition of The Hangin' With The Heat Summer Camp Presenter: Andy Kancel, Assistant Police Chief Summarv: The North Richland Hills Police and Fire Department's 2012 "Hangin' with the Heat" Summer Camp had a positive impact on campers and one North Richland Hills resident. General Descrir)tion: While most summer programs focus on entertaining the kids that attend, this program gave 42 kids from BISD middle schools a unique opportunity to give back to their community. The goal of the camp is to enrich and develop the lives of children through positive police and firefighter interaction, using team building exercises, sports and activities. The campers participated in many fun events including ice skating at the NYTEX complex, golf at Iron Horse Golf Course, a tour of The Ballpark in Arlington, police and fire department unit demonstrations, games with senior citizens at the Franklin Park Center, and a group community service project. Additionally, several guest speakers were invited to conduct daily enrichment seminars focused on leadership and making correct life choices for their future and that of the community. However, the highlight of the camp was when they donated their time in restoring a local resident's yard. Ms. Joyce Hilger, an elderly citizen, has had difficulty in caring for her yard, and it had been taken over by weeds and ivy. The campers spent several hours pulling weeds, clearing vines and improving the landscape. Campers were able to see first -hand how a small act of kindness and hard work can have such a big impact. Many local residents who live around the project house took immediate notice and gave praise to the campers for their enormous effort in cleaning up Ms. Hilger's yard. The camp is free of charge and is made possible by donations from local residents and businesses. The camp gets bigger and better each year, and we are thankful for the chance to have such positive interaction with the young leaders of our community. The camp was an overwhelming success made ,possible by the men and women of the North Richland Hills Police and Fire Departments. �:�- MR. After M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 7 -9 -2012 Subject Agenda Item No. A.5 Removal of Item (s) from the Consent Agenda M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. B.a 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject Agenda Item No. B.1 Approval of Minutes of June 25, 2012 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the June 25, 2012 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 25, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25 day of June 2012 at 0:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tom Lombard Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council, Place 3 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place B Council, Place 7 Staff Members: Mark Hindman Jared Miller Karen Bostic Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mary Peters Kristin Weegar Larry Koonce Jo Ann Stout Greg VanNieuwenhuize Mike Hamlin Jimmy Cates Clayton Comstock Stacy Udoni Absent: Tito Rodriguez Call to Order City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Finance Director Neighborhood Services Director Assistant Public Works Director Assistant Police Chief Public Works Operations Manager Senior Planner Public Works Management Assistant Council, Place 1 Mayor Trevino called the work session to order at 6:00 p.m. A.0 Discuss Items from Reaular Citv Council Meetina There were no questions. A.1 NRH Citizens Academy Mr. Jared Miller, Assistant City Manager, presented a proposal for the implementation of a NRH Citizens Academy. The objectives of the Citizens Academy will be 1) to familiarize citizens with the structure, functions and activities of North Richland Hills government; 2) to encourage citizens to become involved with the City's government; and 3) to enhance citizen ability to communicate effectively with city officials. Benefits of the citizens academy include 1) creating a cadre of informed citizens who will be able to become involved in community activities, will volunteer for Council appointed boards, commissions, committees and task forces, and will otherwise become involved in the City's governance; 2) provide an opportunity for citizens to learn about the City's government through first -hand experience and gain exposure to the wide range of city services, functions, activities and issues; and 3) obtain feedback from citizens regarding governmental programs and services. The class size will be limited to 15 to 20 individuals who are city residents over the age of 18 years and the owners of city businesses. The class will meet on Thursday evenings for 6 to 8 weeks from 6:30 p.m. to 8:30 p.m. Mr. Miller gave an example of how the curriculum could be broken down into different sessions. Council was advised that if they concurred with the Citizens Academy, the next steps will be to identify dates and publicize the Citizens Academy using various media. Staff is anticipating the sessions would begin at the end of September and finish before Thanksgiving. After a brief discussion, the consensus of the Council was to move forward with the Citizens Academy. A.2 Joint NRH /Hurst Wavfindina Desian Ms. Kristin Weegar, Assistant to City Manager, briefed Council on the progress of the wayfinding signage project approved in the 2010/2011 Capital Improvements Budget. Council expressed their desire at the last Council Goals Session to partner with neighboring cities on projects that provide mutual benefit with the wayfinding project identified as an initial opportunity. Staff approached the City of Hurst about a wayfinding partnership and an interlocal plan was developed for the project. Centerline Supply Company was hired by the cities to design the wayfinding. Ms. Weegar introduced Mike Lewis, Centerline Supply, who presented to Council three design options for Council input. Council discussed the three signs presented and concurred with the conception of the signs and the color selected for North Richland Hills portion. The Council was split between the traditional and contemporary design. Staff will continue moving forward on the design and will provide updates to Council. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the followina 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, lease or value of real propertv: 1) 6713 Corona 2] Rufe Snow Widenina B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with citv's attornev to seek advice about pending or contemplated litigation: or a settlement offer: or on a matter in which the dutv of the attornev to the oovernina bodv under the Texas Disciplinary Rules of Professional Conduct of the State 'Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code Mayor Trevino announced at 0:21 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: 1) Section. 551.072 to deliberate the purchase, exchange, lease or value of real property for 1) 6713 Corona 2) Rufe Snow Widening; and 2) Section 551.071 to consult with city's attorney to seek advice about pending or contemplated litigation; or a settlement offer, or on a matter in which the duty of the attorney to the governing body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code C.0 Adiournment Mayor Trevino announced at 6 p.m. that the Council would adjourn to the regular Council meeting. N*ell1W'_1Zi 1611111►N101i1=1 =1 I I ► IL9 A.0 CALL TO ORDER Mayor Trevino called the meeting to order June 25, 2012 at 7:00 p.m. I Zia] I IK+1 -A1 I I Present: Oscar Trevino Tom Lombard Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tem, Council, Place 3 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff Mark Hindman Jared Miller Karen Bostic Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Absent: Tito Rodriguez City (Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Assistant City Secretary Attorney Council, Place 1 A.1 INVOCATION Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) Proclamation for National Recreation and Parks Month Mayor Pro Tem Lombard presented to Vickie Loftice, Managing Director Community Services, with a proclamation recognizing July as National Recreation and Parks month. Ms. Loftice presented a short video with this year's theme, "Do the Nevi'. Fallowing the video, Ms. Loftice introduced the following staff members: Sarah Green, Cultural Arts Program Coordinator; Tina Earl, Marketing 1 Special Projects Coordinator; Brian Chapin, Athletic Program Coordinator, Ron Newman, Recreation Programs Coordinator, Dianne Hughes, Grand Hall Banquet/Hospitality Coordinator; Kathye McCall, Senior Center Supervisor; Amanda Alms, NRH Centre Assistant Manager; and Adrien Pekurney. NRH Centre Manager. A.4 CITIZENS PRESENTATION 14 15 m A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA ONrem B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JUNE 11, 2012 MID -YEAR BUDGET WORK SESSION MEETING B.2 APPROVAL OF 'MINUTES OF JUNE 11, 2012 CITY COUNCIL MEETING B.3 PW 2012 -005 APPROVE ORDINANCE NO. 3192 AMENDING ATTACHMENT "A" OF SECTION 78 -63 OF THE CODE OF ORDINANCES WHICH IMPLEMENTS MANDATED TCEQ INTERNAL REPORTING PROCESSES B.4 PW 2012 -018 APPROVE THE ABANDONMENT OF A PORTION OF RIGHT - OF -WAY LOCATED WITHIN BLOCK B OF THE COLLEGE HILLS ADDITION - ORDINANCE NO. 3206 B.5 GN 2012 -043 APPROVE AGREEMENT WITH TARRANT COUNTY TAX ASSESSORICOLLECTOR FOR THE COLLECTION OF CITY PROPERTY TAXES - RESOLUTION NO. 2012 -021 COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA. MIAYOR PRO TEM LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.0 PUBLIC HEARINGS C.1 ZC 2012 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B.H.L. JOINT VENTURE FOR A ZONING CHANGE FROM C -1 COMMERCIAL, 0-1 OFFICE AND R -2 SINGLE FAMILY RESIDENTIAL TO U INSTITUTIONAL ON APPROXIMATELY 12.294 ACRES IN THE 8200 BLOCK OF DAVIS BLVD. - ORDINANCE NO. 3198 (CONTINUED FROM THE MAY 14, 2012 COUNCIL MEETING) APPROVED Mayor Trevino announced agenda items C.1, C.2 and C.3 were a continuance from the May 24, 2012 council meeting. Mayor Trevino opened the public hearings for Agenda Items C.1 (ZC 2012 -04), C.2 (ZC 2012 -05) and C.3 (RP 2012 -03) and called on the applicant to present the requests. Mr. Dustin Austin, 6505 Rock Springs Drive, North Richland Hills, representing B.H.L. Joint Venture, came forward. Mr. Austin presented a revised development plan that he felt resolved the issues expressed at the May 14 meeting. Mr. Austin briefly highlighted the revisions. Mr. Clayton Comstock, Senior Planner, briefed the Council on the three requests. ZC 2012 -04 is a zoning change from C -1 Commercial, 0-1 Office and R -2 Single Family Residential to U Institutional for approximately 12 acres. ZC 2012 -05 is a zoning change from 0-1 Office and R -3 Single Family Residential to R -2 Single Family Residential for 1.857 acres. RP 2012 -03 is a replat to create Thornbridge West consisting of 37 residential lots and 2 open spaces on 24.964 acres. an April 19 the Planning and Zoning Commission recommended approval of the zoning changes and on May 3 recommended approval of the replat with a cul de sac at the end of Timber Drive to be defined by city staff in cooperation with the neighborhood so the new development is not connected by a through street. On May 14 the City Council continued the three items to June 25 with direction to the developer to align the development's main entry along Davis Boulevard with Shadywood Lane to create safer conditions on 'Davis Boulevard. an June 21 the Planning and Zoning Commission reheard the cases and recommended approval of all three cases as presented by a vote of 6 -0. The May 14 replat proposal for the new development showed one public access off Davis Boulevard at Timber Drive and a connection to Clear Spring Drive from Timber Drive. The June 25 replat proposal shows a fully signalized intersection with a hike and bike trail crossing aligning with Shadywood Lane. Timber Drive at Davis Boulevard is proposed to be a right in /right out. The revisions to the replat minimally impact the boundaries of the zoning changes. The replat includes a developers agreement for city participation for a portion of the public infrastructure improvements for drainage improvements and signalized intersection at Davis Boulevard and Shadywood Lane. Staff is recommending approval of the three cases. ZC 2012 -04 Mav 14 Version June 25 Version Existing Zoning R -2, 0 -1 & C -1 0-1 & C -1 Acreage 12.929 12.294 ZC2012 -05 Mav 14 Version June 25 Version Existing Zoning R -3 & 0 -1 R -3 & 0-1 Acreage 1.541 ac (R -3) 1.541 ac (R -3) 0.316 ac (0 -1) 0.295 ac (0-1) 1.857 ac total 1.836 ac total Mayor Trevino called for anyone wishing to speak for or against the requests to come forward. The following individuals spoke in opposition: • Peggy Shumate, 8612 & 8608 Timber Drive — opposed to the development if Timber Drive is not made a cul de sac and to the right turn only onto Davis Boulevard. • Kelly Elliott, 8628 Timber Drive — opposed to the impact the development will have on the Timber Drive residents; supported a cul de sac on Timber; requested Council deny the request. • Les Bokros, 8632 Timber Drive expressed concerns with the width of Timber Drive and the ability for a vehicle to travel through Timber when two vehicles are parked across from each other; also expressed concerns with drainage impacting his property. Mr. Mike Curtis, Managing Director Community Services, explained that while Timber Drive was 16 feet wide the right of way for the street was 60 feet. Parking would partially be on the paved road and partially in the street right of way. Mr. Curtis also explained the City's design criteria for drainage and advised the proposed subdivision complies with city standards; the developer's plans will not add to the existing drainage problems on Timber and in some cases will improve the drainage. Mayor Trevino advised the Council had received a petition from the residents. Staff advised that the petition was specific to the replat and contained 11.31% of the land area within 200 feet of the subject property in opposition. The petition does not satisfy the 20% opposition threshold that would require a three - fourths (super majority) vote of the Council. In addition, the requirement is only applicable to a replat if a variance is being requested. No variances are being requested for the replat so the three- fourths provision is not applicable. There being no one else wishing to speak, Mayor Trevino closed the public hearings and called for a motion on ZC 2012 -04, Ordinance No. 3198 and ZC 2012 -05, Ordinance No. 3199. MAYOR PRO TEM LOMBARD MOVED TO APPROVE ZC 2012 -04, ORDINANCE NO. 3198 AND ZC 2012 -05, ORDINANCE NO.. 3199. COUNCILWOMAN WRIGHT QUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -1; COUNCILMAN WELCH VOTING AGAINST. C.2 ZC 2012 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B.H.L. JOINT VENTURE FOR A ZONING CHANGE FROM 0-1 OFFICE AND R -3 RESIDENTIAL TO R -2 RESIDENTIAL ON APPROXIMATELY 1.836 ACRES IN THE 8200 BLOCK OF DAVIS BLVD. - ORDINANCE NO. 3199 (CONTINUED FROM THE MAY 14, 2012 COUNCIL MEETING) APPROVED This item is related to the previous item C.1 and the public hearing was opened and discussed in item C.1. MOTION WAS MADE WITH AGENDA ITEM C.1, ZC 2412 -04. C.3 RP 2012 -03 PUBLIC HEARING AND CONSIDERATION OF A REPLAT WITH DEVELOPMENT AGREEMENT TO CREATE THORNBRIDGE WEST ADDITION, BEING A REVISION OF A PORTION OF HOLDER SMITHFIELD ESTATES AND A TRACT OF LAND OUT OF THE STEPHEN RICHARDSON SURVEY, ABSTRACT NO. 1286, CONTAINING 24.964 ACRES IN THE 8200 BLOCK OF DAVIS BLVD. (CONTINUED FROM THE MAY 14, 2012 COUNCIL MEETING) APPROVED This item is related to the previous two items C.1 and C.2 and the public hearing was opened and discussed in item C.1. Mayor Trevino called for a motion for RP 2012-03. MAYOR PRO TEM LOMBARD MOVED TO APPROVE RP 2012 -03. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -1; COUNCILMAN WELCH VOTING AGAINST. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2012 -017 APPROVE AN AMENDMENT TO THE ENGINEERING AGREEMENT FOR THE BOULEVARD 26 INTERSECTION IMPROVEMENTS PROJECT WITH SCHRICKEL, ROLLINS AND ASSOCIATES, INC. (SRA) IN AMOUNT NOT TO EXCEED $67,750 APPROVED Mr. Mike Curtis, Managing Director, briefed the Council on the item. Staff has been working on the Boulevard 26 Intersection Improvements project since 2006. The consultant developed the design concepts and elements based on the conceptual design approved by the Boulevard 26 Oversight Committee. Many of the concepts and elements did not meet TxDCT approval and after several years of working with TxDOT to obtain approval, the Oversight Committee has agreed to remove and revise those elements and concepts to comply with State standards. The amendment will allow the consulting firm of Schrickel, Rollins and Associates to proceed with the changes recommended by the Oversight Committee in December. COUNCILMAN WHITSON MOVED To APPROVE PW 2412 -017, APPROVING THE AGREEMENT FOR THE BOULEVARD 26 INTERSECTION IMPROVEMENTS PROJECT WITH SCHRICKEL, ROLLINS AND ASSOCIATES, INC. FOR AN AMOUNT NOT TO EXCEED $67,750. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. E.2 PW 2012 -019 REVISE THE 2011/2012 CAPITAL PROJECTS BUDGET, APPROVE A CHANGE ORDER TO L.H. LACY CONSTRUCTION, LTD. IN THE AMOUNT OF $182,166.50 AND APPROVE AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT FOR CONSTRUCTION WITH THE CITY OF KELLER ON THE NORTH TARRANT PARKWAY STREET IMPROVEMENTS PROJECT (ST0201 ) APPROVED Mr. Greg VanNieuwenhuize, Assistant Public Works director, briefed the Council on a change order for traffic signal improvements on the North Tarrant Parkway Street Improvements Project. The project is a joint project with the City of Keller with North Richland Hills being the "lead" city. During the course of construction, the City of Keller would like to extend Keller - Smithfield Road to intersect with North Tarrant Parkway at approximately 1,800 feet west of the Smithfield Road intersection — within the "Joint Section ". Keller has conducted a traffic analysis and a traffic signal is warranted at the new intersection. The current Interlocal Agreement for construction indicates that improvements within the "Joint Section" are to be split on a 50150 basis between Keller and North Richland Hills. Since the need for a traffic signal is driven solely by Keller's new roadway, Keller will be responsible for the cost of the traffic signal installation. Once installed, the City of North Richland Hills will own, operate and maintain the traffic signal as part of the City's signal network. Tarrant County has agreed to pay for 50% of the traffic signal installation leaving Keller to pay the remaining 50 %. The City Council is being asked to revise the 2011/2012 Capital Projects Budget, approve a change order to the contractor, L.H. Lacy Construction and approve an amendment to the Interlocal Agreement for Construction with the City of Keller. The cost of the change order will be the responsibility of the City of Keller in accordance with Amendment No. 1 to the Interlocal Agreement for construction. The budget revision is necessary because North Richland Hills will need to make the payments to Lacy Construction and receive reimbursement from the City of Keller. MAYOR PRO TEM LOMBARD MOVED TO APPROVE PW 2012 -019, REVISING THE 201112012 CAPITAL PROJECTS BUDGET, APPROVING A CHANGE ORDER TO L.H. LACY CONSTRUCTION, LTD. IN THE AMOUNT OF $182,166.50 AND APPROVE AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT FOR CONSTRUCTION WITH THE CITY OF KELLER ON THE NORTH TARRANT PARKWAY STREET IMPROVEMENTS PROJECT (ST0201). COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -1; COUNCILMAN WELCH VOTING AGAINST. F.0 GENERAL ITEMS F.1 GN 2012 -047 AUTHORIZE THE PUBLICATION OF NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION - RESOLUTION NO. 2012 -018 APPROVED Mr. Larry Koonce, Director of Finance, briefed the Council on the proposed issuance of certificates of obligation in August. As part of the legal requirements, Council must authorize the City Secretary to publish a notice of intent of the City to issue Certificates of Obligation in an amount not to exceed $5,550,000. COUNCILMAN WELCH MOVED TO APPROVE THE GN 2012 -047, RESOLUTION NO. 2012 -018 AUTHORIZING THE CITY SECRETARY TO PUBLISH THE INTENT TO ISSUE CERTIFICATES OF OBLIGATION NOT TO EXCEED $5,660,000. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.2 GN 2012 -048 APPROVE ORDINANCE AMENDING CHAPTER 34, ARTICLE II OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES CHANGING REGULATIONS DEFINING AND PROHIBITING PUBLIC NUISANCES - ORDINANCE NO. 3187 APPROVED Jo Ann Stout. Director of Neighborhood Services, briefed the Council on Agenda Items. F.2, F.3 and F.4. Item F.2 is consideration of an ordinance that amends the current nuisance ordinances by clarifying some language to facilitate a clearer understanding and consistent compliance with established property maintenance standards. Amendments recommended for approval include: • Two new definitions: • Brush • Filth • Specific Nuisances • Clarified that no grass, trash, brush or rubbish can be blown on any public thoroughfare • Clarified that missing or deteriorated fence panels, slats, rails, pickets and posts must be replaced with material similar in size and appearance to those being replaced • Addresses rooftop storage • Addresses allowing poison ivy, poison oak or other poisonous plant to grow onto adjacent or public property • Requires builders, contractors, drilling rigs and other earth moving activity causing an unreasonable amount of dust to travel onto adjacent properties to put measures into place to keep the dirt and dust to a minimum. Agenda Item F.3 is consideration of an ordinance that amends the junk vehicle ordinance. The proposed amendment clarifies the definition of inoperable vehicles, wrecked vehicles, dismantled or partially dismantled vehicles and junked vehicles. It adds a mechanism to address vehicles that do not travel on public streets and do not require a valid license plate and/or inspection. It also adds a mechanism to enable code officers to look under a tarp to verify if a vehicle meets the definition of a junk, inoperable or wrecked vehicle. Agenda Item F.4 is consideration of an ordinance changing the regulations limiting the height of grass, weeds and uncultivated plants. The proposed ordinance eliminates the "on average" portion of the ordinance to allow code officers to address properties that have sections of grass /weeds over 10 inches that have become unsightly. The term "on average" is problematic in that it has been interpreted to allow a property owner to keep sections of a property unmaintained, so long as more than half of the property is under 10 inches in height. The proposed ordinance will also add a section that requires brushes, vegetation and trees to be properly maintained with enforcement based on whether the property meets the definition of "rank profusion ". It also allows the Fire Marshall the authority to require any grass, brush, tree or vegetation to be mowed or removed if they pose a fire hazard to the structures during extreme drought or other hazardous conditions. Mayor Trevino called for a motion on GN 2012 -048, Ordinance No. 3187. COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE NO. 3187. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.3 GN 2012 -049 APPROVE ORDINANCE AMENDING CHAPTER 34, ARTICLE IV, SECTIONS 34 -131 AND 34 -132 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AMENDING THE DEFINITION OF JUNKED VEHICLES AND THE DECLARATION OF VEHICLES TO BE A PUBLIC NUISANCE - ORDINANCE NO. 3205 APPROVED Item presented and discussed with Agenda Item F.2 COUNCILMAN TURNAGE MOVED To APPROVE GN 2012 -049, ORDINANCE No. 3205. MAYOR PRO TEM LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.4 GN 2012 -050 APPROVE ORDINANCE AMENDING CHAPTER 34, ARTICLE III, SECTION 34 -71(A) OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES CHANGING REGULATIONS LIMITING HEIGHT OF GRASS, WEEDS AND UNCULTIVATED PLANTS - ORDINANCE NO. 3186 APPROVED Item presented and discussed with Agenda Item F.2. MAYOR PRO TEM LOMBARD MOVED To APPROVE THE GN 2012 -050, ORDINANCE No. 3186. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA B.1 DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY: 6713 CORONA. APPROVED Jared Miller, Assistant City Manager, presented the item. Staff recommends Council approve the purchase of property located at 6713 Corona plus $5,000 of moving costs. MAYOR PRO TEM LOMBARD MOVED TO AUTHORIZE THE ACQUISITION OF PROPERTY KNOWN AS 6713 CORONA AND TO PAY THE AMOUNT REFLECTED IN THE CLOSING STATEMENT FROM COMMERCE TITLE PLUS UP TO $5,004 OF MOVING COSTS AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE CLOSING STATEMENTS AND OTHER DOCUMENTS REQUIRED TO CLOSE THE TRANSACTION. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. B.1 DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY: RUFE SNOW 'WIDENING APPROVED Mike Cues, Managing Director, presented the item. Staff is recommending Council authorize the acquisition of right of way needed for the Rufe Snow Widening Project from Mid Cities to Ridgetop. COUNCILMAN WELCH MOVED TO AUTHORIZE ACQUISITION OF RIGHT OF WAY NEEDED FOR RUFE SNOW WIDENING AND TO PAY APPRAISED PRICE PLUS ANY REQUIRED RELOCATION ASSISTANCE. COUNCILWOMAN WRIGHT OU,JESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. H.0 INFORMATION AND REPORTS H.1 Councilman Whitson made the following announcements. Join us for the Family 4th Fireworks Show on Wednesday, July 4th. The show will begin at 9:30 p.m. and can be seen from the parking lots of the ATI Career Training Center and Wiley G. Thomas Coliseum. Don't forget to bring lawn chairs, picnic baskets and games for the family to play while waiting for the fireworks. City Hall and other non - emergency City offices will be closed on Wednesday, July 4th in observance of the Independence Day Holiday. The Library, Tennis Center and Senior Center will also be closed. The NRH Centre, NRH20 and Iron Horse Golf Course will remain open. Residential garbage and recycling collections will not be impacted by the holiday. Kudos Korner - Rickie McMahan, Miguel Bermea and Joshua Venable of the Public Works Department. A resident called to express thanks for the city employees who came to her aid when she fell ill in front of her home. Rickie, Miguel and Joshua went out of their way to help her and were very attentive and concerned. She was very grateful and wants the city to know what great employees they have. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:18 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. B.2 GN 2012 -052 Establishing procedure for judicial appeal of Substandard Building Board Orders - Ordinance No. 3207 Presenter: George Staples, Attorney Summarv: During the past year, court decisions required that cities place a hold on processing structures under the sub - standard ordinance. At issue was the amount of time necessary to give proper appeal by the property owner prior to the City taking action. Upon review of the courts final ruling, the City Attorney has determine that changing our ordinance granting a "trial de novo" will satisfy the judicial limitations placed on this process. The attached ordinance makes this required change. General Descrir)tion: The City Attorney previously advised that the Texas Supreme Court in City of Dallas v. Stewart, 361 S. W.3d 562 (Tex. 2092) issued a new opinion in a substandard building case invalidating a Substandard Building Board Order declaring a nuisance and ordering demolition. In response to a motion for rehearing and amicus briefs (including one filed by Taylor Olson Adkins Sralla & Elam, LLP for the cities they represent, including North Richland Hills), the Supreme Court of Texas withdrew its original opinion and substituted this new opinion. In this case that went before the Texas Supreme Court, Heather Stewart Ibought a house in Dallas which she abandoned in 1991. Dallas Code Enforcement Officials left notices which were not claimed. Utilities were disconnected, windows boarded up and the house was vandalized and even occasionally occupied by vagrants. The Dallas Urban Rehabilitation Standards Board met in 2001 to decide whether the property was an urban nuisance. Stewart's neighbor testified that a fallen tree had caused $8,000 damage to her home and was about to cause $30,000.00 more. The Board ordered demolition and although Stewart filed an appeal, the city obtained a judicial demolition warrant and demolished the house before the appeal was heard. Because the statute and Dallas' ordinance provided for only what is known as a substantial evidence review, the city took the position that the court had to honor the Beard's finding that the property was a nuisance. It appears the city had some problems in the trial of the case and the trial court held that the city had taken the property and had to pay for it. It appears that the city did not establish in the trial court that the property was in fact a nuisance, relying instead on the Board finding. Stewart was awarded $75,707 for the destruction of the house on a takings theory. Although the Court confirmed the portion of its opinion affirming the takings holding and invalidates the statutory remedy established by the Legislature for appellate review, it provided for some finality for such review. The court in Stewart established that the question of whether a public nuisance exists so as to justify use of the police power to have it demolished without constituting a taking is a judicial issue which cannot be delegated to a legislative or administrative body, and the statute in authorizing an appeal based on the substantial evidence standard gives undue weight and authority to the determination of an administrative board. The court holds that there must be a review other than a substantial evidence review and holds that this must be by a new trial of the issues involving the existence of a nuisance. This second opinion does not change that holding but holds that the statutory provisions for a 30 day review in the statute are valid and that if there is no appeal within that time, the property owner has no further rights. The City Attorney has drafted the attached ordinance to create the right to a trial de novo (new trial) judicial review of decisions of the Substandard Building Board if filed within 30 days after delivery of notice to property owners and lienholders. Staff expects that eventually the legislature will make this or a similar change to Chapter 214 of the Texas Local Government Code where these matters are currently addressed. The City will simply take no action regarding any Board ordered demolition until after the 30 days have expired, except for emergency actions to protect lives or in case of imminent danger. Recommendation: Approval of Ordinance No. 3207 ORDINANCE NO. 3207 AN ORDINANCE AMENDING DIVISION I OF CHAPTER 98 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY ADDING A NEW SECTION 98 -471 PROVIDING FOR JUDICIAL REVIEW OF DECISIONS OF THE SUBSTANDARD BUILDINGS BOARD; PROVIDING A SEVERABILITY CLAUSE. WHEREAS, the City Council has been made aware of the decision of the Texas Supreme Court in City of Dallas v ,Heather Stewart, 361 S. W.3d 562 'Tex. 2012) in which the court invalidated the substantial evidence review established by Section 214.012, Texas Loc. Gov't Code for appeals to courts of decisions of local boards dealing with substandard buildings and announcing that such appeals must be decided on the basis of a trial de novo; and WHEREAS, the City Attorney has recommended establishment of a procedure for judicial review of substandard building board decisions which will meet the requirements established by the court; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: Section 1. That Division I of Chapter 98 of the North Richland Hills Code of Ordinances is hereby amended by adding a new Section 98 -471 which shall read as follows "Sec. 98 -471. Judicial Review. Judicial Review (a) Any owner, lienholder, or mortgagee of record of property jointly or severally aggrieved by an order of the Substandard Building Board or the City issued under any provision of this Chapter may file in district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be filed by an owner, lienholder, or mortgagee within 30 calendar days after the respective dates a copy of the final decision of the Substandard Building Board or the City is personally delivered to them, mailed to them by first class mail with certified return receipt requested, or delivered to them by the United States Postal Service using signature confirmation service, or such decision shall become final as to each of them upon the expiration of each such 30 calendar day period. (b) Appeal in the district court shall be by de nova hearing before the court without a jury. The court may reverse or affirm, in whole or in part, or may modify the decision brought up for review. (c) Costs may not be allowed against the municipality. (d) If the decision of the municipality is affirmed or not substantially reversed but only modified, the district court shall allow to the City all attorney's fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners, lienholders, or mortgagees as well as all persons subject to the proceedings before the City." SECTION 2. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 9th day of July, 2012. 1_1 a 11 16 Patricia Hutson, City Secretary Is] I cgs] ML , tQ A d:1N DUIW— AI'►113:I I I %' Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. B.3 PW 2012 -020 Approve an Ordinance Amending Chapter 78: "Utilities" of the North Richland Hills Code of Ordinances as it Pertains to Water Wells - Ordinance No. 3208 Presenter: Gregory Van Nieuwenhuize, Assistant Public Works Director Summarv: The City Council is being asked to amend a section of Chapter 78: "Utilities" of the City Code. Specifically, staff is requesting a change to the manner in which water wells are regulated within North Richland Hills by adopting the State's standards. General Description: Presently, the City only allows private water wells if two (2) conditions are met — the well has to be for irrigation purposes only and the well cannot exceed 200 feet. Through the years various well drillers have indicated that there is no water to be found within 200 feet of the surface. Staff's research has yielded that the aquifer in this area of Texas (Paluxy formation within the Trinity Aquifer) is typically 850 feet to 1,000 feet below the ground surface. Additionally, staff has learned that the State has recently begun to adopt comprehensive regulations regarding the drilling, use and plugging of private water wells. About 10 years ago, the State through various departments (Texas Commission on Environmental Quality, Texas Water Development Board, Texas Department of Agriculture, Texas State Soil and Water Conservation Board, Texas Department of Licensing and Regulation, etc.) conducted a wide - ranging study of water wells in the State. And, within the last 5 — 6 years the Texas Commission on Environmental Quality (TCEQ) and the Texas Department of Licensing and Regulation (TDLR) have ramped up their efforts to regulate water wells in the State. Because the State has comprehensively regulated the subject of water wells, it would be appropriate for the City to adopt the State's regulations and requirements. The following ordinance would repeal the City's current private water well requirements (adopted in 1971) and adopt the State's requirements. The City Attorney has proposed the attached ordinance to accomplish this. Recommendation: Approve Ordinance No. 3208. RH Al zip] II,F- 1►[@]:I►101WY41F.] AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; AMENDING THE CITY OF NORTH RICHLAND HILLS CODE OF ORDINANCES BY REPEALING CHAPTER 78 -37, WATER WELLS; BY AMENDING CHAPTER 78 -2; BY CREATING VIII, WATER WELLS, RELATING TO THE PERMITTING AND REGULATION OF WATER WELLS WITHIN THE CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of North Richland Hills, Texas, desires to amend the Code of Ordinances of the City of North Richland Hills as it pertains to the regulations covering the drilling of water wells within the City limits; and WHEREAS, the Texas Department of Licensing and Regulation (TDLR) and the Texas Commission on Environmental Quality (TCEQ) have rules regulating the drilling of water wells to help ensure the safety of underground water supplies; and WHEREAS, these rules and regulations are found in the Texas Administrative Code, Title 16 - Economic Regulation, Part 4 - Texas Department of Licensing and Regulation, Chapter 76 - Water Well Drillers and 'Water Well Pump Installers and Texas Administrative Code, Title 30 - Environmental Quality, Part 1 - TCEQ, Chapter 290 - Public Drinking Water, Subchapter D - Rules and Regulations for Public Water Systems; and WHEREAS, safe and uncontaminated groundwater is important to the City's general welfare; and WHEREAS, the City Council of the City of North Richland Hills, Texas, deems it to be in the best interest of the public health, safety, and general welfare of the citizens of the City of North Richland Hills to amend Chapter 78 of the Code of Ordinances relating to the permitting and regulation of water wells so that water wells are consistent with current rules and regulations as promulgated by the TDLR and the TCEQ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Sec. 78 -37. - "Water wells" is hereby repealed. SECTION 2. The first paragraph of Chapter 78 -2, "Definitions" of the North Richland Hills Code of Ordinances is hereby amended as follows: "Sec. 78 -2. - Definitions. Unless a different meaning clearly appears from the context or from the words and phrases found in the latest revision of the TDLR's 'Water Well Drillers and Pump Installers Administrative Rules" found in the Texas Administrative Code (TAC), Title 16 — Economic Regulation, Part 4 — Texas Department of Licensing and Regulation, Chapter 76 — Water Well Drillers and Water Well Pump Installers, the following words, terms and abbreviations shall have the following meanings respectively, as they are used in articles, I, II, III, V and VIII of this chapter:" [A x0I 191► 90 The following words, terms and abbreviations are hereby added to Chapter 78 -2, "Definitions" of the North Richland Hills Code of Ordinances: "Deteriorated Well means a well that because of its condition will cause or is likely to cause pollution of any water in the City or State, including groundwater. FFMA means the Federal Emergency Management Agency. NTGCD means the Northern Trinity Groundwater Conservation District. TAC means the Texas Administrative Code. TCEQ means the Texas Commission on Environmental Quality, or any successor agency designated by the Legislature of the State of Texas to ,perform the regulatory function of the TCEQ. TCHD means the Tarrant County Health Department, or any successor agency designated by the Legislature of the State of Texas to perform the regulatory function of the TCDH. TDLR means the Texas Department of Licensing and Regulation, or any successor agency designated by the Legislature of the State of Texas to perform the regulatory function of the TDLR. TWDB means the Texas Water Development Board, or any successor agency designated by the Legislature of the State of Texas to perform the regulatory function of the TWDB." SECTION 4. Chapter 78, "Utilities" of the (North Richland Hills Code of Ordinances is hereby amended by adding a new Article VI 11, 'Water Wells" to read as follows: "ARTICLE VIII. WATER WELLS Sec. 78 -450. Well Driller's Registration Anyone desiring to do work for which a water well drilling permit is required must be registered with the City as a contractor. Registration with the City is effective for one calendar year. Well drillers must be licensed by the State of Texas prior to being registered with the City. Registration with the City is required before a City permit can be issued. Registration fees shall be in accordance with Sec. 08 -185. — Contractor Registration of the North Richland Hills Code or Ordinances. Sec. 78 -451. Water Well Drilling Permit and Construction (a) Prior to the drilling of any water well within the corporate limits of the City, a permit shall be obtained from the City by filing an application with the Public Works Department at least two (2) weeks in advance of commencing work on the well. An application to drill a water well within the City limits shall contain two (2) copies of the following information. (1) The name, address, and phone number of the owner of the land upon which the work is to be done. (2) A map drawn to scale showing the location of the well and including its latitude, longitude, and street address. (3) Show to scale on the map the location of all other water wells, fences, swimming pools, property lines, irrigation lines, animal pens, fuel storage tanks, septic tanks, lateral fields, aerobic on -site sewage systems, and aerobic system effluent spray piping on the tract of land the well is to be drilled and located. (4) The type of material and size of casing, piping, and all other equipment to be installed. (5) The well driller's name, business address, phone number, and State TDLR license number. (0) An application fee of fifty dollars ($50.00); after 2012, this fee shall be as established in Appendix A of the North Richland Hills Code of Ordinances. (7) Copy of permit and registration with the NTGCD. (b) TDLR Driller's License Required: No water well in the City limits shall be drilled, reworked, or repaired unless the person, company, or corporation doing the work has a well driller's license from the TDLR and a Well Driller's Registration from the City. Normal maintenance of pumps, delivery pipe, wiring, or sand removal should be performed by a licensed well driller or by persons under his supervision unless exempted under TAC, Title 16, Part 4, Chapter 76, Section 76.300. Exemptions. (c) Water Well Construction: All water wells drilled within the City limits shall meet the following minimum requirements. (1) All water wells drilled within the City shall be constructed and completed in accordance with the appropriate rules promulgated by the TCEQ or TDLR for an individual property owner (private well). These rules and regulations are found in the Texas Administrative Code, Title 30 - Environmental Quality, Part 1 - TCEQ, Chapter 290 - Public Drinking Water, Subchapter D - Rules and Regulations for Public Water Systems and the Texas Administrative Code, Title 16 — Economic Regulation, Park 4 - Texas Department of Licensing and Regulation, Chapter 76 — Water Well Drillers and Water Well Pump Installers. (2) All wells shall be constructed and completed in accordance with the rules and regulations of the NTGCD. (3) All wells shall be for irrigation purposes only. (4) All wellheads and vents shall be at least two feet (2') above the ground or the known high watermark or 1 00 -year base flood elevation (BFE) whichever is higher. (5) No well other than a City owned and operated public drinking water supply well is permitted to be connected to the City's public water system. (6) A copy of the appropriate fully executed Sanitary Control Easement. (7) Water wells located within dedicated sanitary control easements for public water systems must be constructed to public water well standards pursuant to TAC, Title 30 - Environmental Quality, Part 1 - TCEQ, Chapter 290 - Public Drinking Water, Subchapter D - Rules and Regulations for Public Water Systems. (d) Spacing and Location of Water Wells: All new water well locations shall meet the requirements of TAC, Title 16, Part 4, Chapter 76, Section 76.1000 Technical Requirements - Locations and Standards of Completion for Wells ", part (a). Additionally, all new water well locations shall meet the rules for spacing and location of the NTGCD. (e) Inspections: The permit holder or the permit holder's agent will notify the Public Works Department 24 hours prior to the well driller beginning to drill the well and 24 hours prior to the water well being completed. The notification will be in person or by phone during the City's regular business hours. The notification will include the time, name and phone number of the person making contact, the approved permit number, and the address given for the inspection. The City's inspector will call back the phone number given on the notification to confirm the address and time of the inspection. The inspection by the City prior to the well being drilled will be to verify that the drilling rig is set up ready to drill in the proper well location as noted on the approved permit. The inspection by the City after the well is completed will be to confirm the wellhead has been finished in accordance with the City and State criteria. The City inspector's access to the site will be the permit holder's responsibility. Any pets or animals (cats, dogs, cattle, horses, etc.) will need to be removed or excluded from the wellhead area prior to the inspections taking place. (f) Logs and Reports: No later than thirty (30) days after the completion of any new water well, or the deepening or reworking of an existing well (in excess of normal maintenance), the well driller shall furnish to the Director of Public Works copies of the following logs and reports. (1) TDLR Well Report. (2) Report on cementing procedures and surface protection system used. (3) Report on disinfection procedures. (4) Coliform Submission and Report Form from a State Health Department approved testing laboratory showing results for the Total Coliform and E. coli categories to be Absent (no coliforms found). (5) Private Wells: Test results showing levels of nitrate, nitrite, pH, fluoride, total solids, iron, copper, lead, sulfate, and chloride in the well water. The test results must be from a State Health Department approved testing laboratory. (6) Public Wells: Test results for water quality in accordance with the TCEQ rules. Sec. 78 -452. Abandoned and Inoperative Water Wells The record owner of land upon which any abandoned water well is located must plug such wells as required by the TCEQ and TDLR rules and submit the following to the Public Works Department: (1) An application complying with Sec. 78 -451 above. (2) A fee of fifty dollars ($50.00) for the cost for plugging a well after 2012, this fee shall be as established in Appendix A of the North Richland Hills Code of Ordinances. (3) A copy of the official plugging report to be sent the State from the driller or the property owner immediately after the plugging operation is complete. Sec. 78 -453. Annual Test Report All land owners within the corporate limits of the City with existing water wells located thereon as of January 1st of each year, must furnish the Public Works Department with the water quality test results for nitrate and nitrite. The test results must be from a State Health Department approved testing laboratory and be supplied to the Public Works Department prior to September 30th of that same year. Sec. 78 -454. Regulation Conflicts In the event of a conflict between the provisions of this ordinance and applicable regulations enforced by the TCEQ or the TDLR, the most stringent regulations shall apply." SECTION 5. THAT, all other Ordinances in conflict herewith are hereby repealed [4 x0I [9]k 94 THAT, any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall, upon final conviction thereof, be fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each and every day any such violation continues shall constitute a separate offense and shall be punishable as such hereunder. [4x01 I[97►f! THAT, if any section, paragraph, clause, phrase, or provision of this Ordinance, or application thereof, is held to be invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining provisions of this Ordinance. SECTION S. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause of this Ordinance as an alternative method of publication provided by law. 611X011101►EPa THAT, this Ordinance shall become effective and shall be in full force and effect from and after the date of passage and adoption by the City Council of the City of North Richland Hills, Texas, and upon execution thereof by the Mayor of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 9th day of July, 2012. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor rra11 *16 Patricia Hutson, City Secretary 1,1:21=191 I III I=15clil41viii George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 7 -9 -2012 Subject Agenda Item No. C.0 PUBLIC HEARINGS No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. D.1 RP 2012 -02 Consideration of a Replat to create Lot 1 R, Block A, College Hill Addition on property currently described as Blocks A and B and Lot A, Block 28, College Hill Addition; located on 41.07 acres at 8200 Holiday Lane. Presenter: John Pitstick, Director of Planning & Development Case Summary: The Fort Worth Christian School is requesting a replat for the purpose of combining the property under their ownership into a single 41.07 acre lot. The replat is required because the school is planning to build a new administration building which would otherwise straddle the existing boundary of Block A and Block B and would therefore not comply with minimum building line standards. Current Zoning: The property is zoned "U" Institutional. Thoroughfare Plan: The lot is served by Holiday Lane on the north side, College Circle on the east side, and Bogart Drive to the south. Holiday Lane is a C4U Major Collector, College Circle is a C2U Minor Collector, and Bogart Drive is an R2U Residential Street. Driveways accessing the lot exist on all three thoroughfares. Comprehensive Plan: The Comprehensive Plan calls for Public /Semi- Public uses for this lot. This land use category is intended to permit non - profit activities of an educational, religious, governmental, or institutional nature. Schools, churches, hospitals, governmental buildings, fire stations, and water towers would be considered Public /Semi Public areas. Staff Review /Rough Proportionality Determination: The Development Review Committee has reviewed the plat and determined that it complies with both the Zoning and Subdivision Ordinances. No public improvements are necessary for the Subdivision. A small portion of right -of -way associated with this plat was abandoned at the June 25, 2012 City Council Meeting. 'Located near the intersection of College Circle and Holiday Lane, this 0.3218 acre parcel had been designated on the previous plat as right -of -way for the possible extension of College Circle. Since Holiday Lane was extended along that route instead and a new intersection was created with College Circle, the small, triangular tract is no longer needed as right -of -way. This former right -of -way and a small "out lot" remainder of the previous Lot A will now become part of the new Lot 1 R, Block A. Planning & Zoning Commission: The Planning & Zoning Commission recommended approval of replat request RP 2012 -02 by a 6 -0 vote at their June 21, 2012 meeting. Staff Recommendation: Approval of replat request RP 2012 -02. LOCATION MAP AERIAL PHOTO , Wt raw• � _ i .� m.. �� •� "a��}.. - -, l eft ^ �, a f.t WNV a • " +i y. �L ': + e w REPLAT EXHIBIT I ' \• ar k" `f � 41ec�+uur,auncw � n , -�,s, ry �;L" ; LA: I. moo.. nu £iE nA A G � w - J COLLE@E MIIf.AWi410N i f� � 1a3s cr P:RT,Gi 1 x • yo.+ rGw_..,.... � � q of T - sz+ a f._. E L. ear,or -- HOLIDAY ERNE §. a^ 1 L&- HaO',6'Sd'f ',", .e�fr;!s[ voa.n' i 'EA'� w siar"ava 1 ! @a`""'t m•6149a r o x A r ererxcrc L � E�w so w °i -.4ns � �J . �x�'u'v �� s� o• a E r FLACP' r '� r f! 4W 195.1 , YICh'iY WlP t A 4 ea e.aA �� 11TNM J- �r •. Reob ° 1°a�up t u .uunue orxl.eF. r�r n.. a aisRH1A11� T_ Aa 3F� . zn ra ME I a. a za b c� !Y [ �( A: y✓ � °0 " \ �e S4T .. ra" P.R.T,°.T. trvprtul % ° M �o� �MAA CO- 16a94 - ` > ,,, . L r�..x1 r •,' rmT ems _ IG,7 yam/ a= a asar w•- ,�„.,a " n - xr,ca e9 i 1.mrar T �A , r: s;9 - 95• / / I l Y ` eesueer ff /;� � � °� 1 I1 CB• 53O'SA'01'E �� 1� � b'+f -e a uen LOT 7R, BLOCK �f mE COLLEGE HILL ADDITION Y 1,788845 S4 FT. .rnp a,a 41,07 ACRES �� • - - - -� __ t _ qy�'.• LAB1 `Aa190.QC °^'�. 1.� 3 T Pae �e 1S [ ~ _ P p�Y �Mq C VaL 8Be ,Y PG ° ei e1 TM U [ I S]e E �e !"_ "1@Y rus r r Pr 4a4 ceawP oo- u �.. � "�"?'i P� I b1 T9' I r +, � ��I ,I f1 1 raa �r � b w N:w �r„• aPa�- + J IT i 1 q7> f / '.�.{ auu p vsiFnrt n f� • N. �+.b d� _ } J L = r GF <.l ' 1 1 "�"' `,,' �t .. = w xn 1 •• .N i p , 16Ad r l � ,n PAINT OF °E II I ��. k'i BEGINNING 1 .•. ',.I I :o�: s —I TC. .x.�,� "� o ..n• •1.� + { 1 sr rr, - �F i J L_,, A«x ' ` . ' " f� �r�� M •T• 1 0 .. r aaT.cr. roL.�¢>s� � 1 ��-_ � aEwE1c �-� -. _- � � �' � r '•� 'L N''�� -i- ' � � „`e.eassm� A m"QH LKQ *R - I - �"^�. avMa -•' ,� ,t i .� _ r .ier ad> �m�ti m a1i I ,tr Fwvo�= t f 1 F } � — � - wS •',I 1 Pnu - k: - - � xa M . 1N1 WE T= e f c vl zr oar �ry T I ma wa rxi ;. •� � cu• 4,aRS3 �. A. MIT, ❑ w.ar , .�` cw�i. '� w •1�t� � x y J \ 1 '-s' L 72.w ® E ! 1 &dl `�1I [G•Ta,TS�e•ii•E °,�F'�' fi n. sL s�.m 'u a kw ix m.iem LEGEND sasFav9r LEA PAWERT, Lk MTH; F15ELE11T LAE 'nm'nm�.'aF.!mcua ww�au+:.n c,ccurr+.a�+ REPEAT annhe Mr -aecR E11E EHGlEER LOT 9R, 9LppI[ A uE c +P s..u En T" " °"}. L ,r...•�nu.1... 1w',°1°d1° ;L } eo N' ' 'T5:•eja COL4EGE HYU. ADDITION Vn5E�/ F9rr �wNe..m.xw.xw r.u. e,n � aN as1� a 4 WRWR 9E1 TV ACa Vi4x w 1.wm n1.laueu eF.ia.lr la Pxsf. uiri �esiiyl NgFF C1P STeNPEp 91elFF' A9`AC. hC.' �^ ].s'ieaW�..n:mew,nw.•:q ms.+»'i^.x�^+i.wso.:+rawNUn.. e1. 5ce - v W AA]II T FOR RY' � 'rte F OF aua°u�H SUF ^ i'ee.re .cT'�si �u° ME 1LM FM OE9ORPT109 'ra R B F�nF19H 1 BI.P4[ °n1RR9E HL. AFn gMRF @ ULWLATED PL M OR PT °, ,. - dr`mx. c rt1.cnTiu m ^r1u11r_ .. 3 elm FCB rtp C Pbm b eLOCx b,n aa,.a 9r+ancw.nerl aLO a W1LTRdl 1iCNLXENT �„ ei ° m - arorcan! Fxrt! H... F �'dfE3 - I 9es'u®.P aacLZ aa. rm � .narw.rm.m �" »i1� m.ee a1�NxN^Hn� a u.� 41NHERIDEVELOPER saoa nwi Fl�rs Nwe ew�Fi FV xeum f— -J FFAN FL1,'OaIMAT AISAS A1TNH 201E AE aP ;T �� 17 HALFF EXCERPT FROM THE MINUTES OF THE JUNE 21, 2012 PLANNING AND ZONING COMMISSION MEETING RP 2012 -02 Consideration of a Replat to create Lot 1 R, Block A, College Hill Addition on property currently described as Blocks A and B and Lot A, Block 28, College Hill Addition; located on 41.07 acres at 6200 Holiday Lane. Bill Schopper moved to approve RP 2012 -02, seconded by Don Bowen. The motion passed unanimously (6 -0). M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. D.2 RP 2.012 -06 Consideration of a Replat to create Tracts 211-1, 211-2, and 2R-3, NRH Industrial Park on property currently described as Tract 2, of Tract 1, 2, and 3, NRH Industrial Park; located on 3.275 acres in the 5700 Block of Rufe Snow Drive. Presenter: John Pitstick, Director of Planning & Development CASE SUMMARY: On behalf of property owners Steven J. Stallard and Rufe Snow Car Wash, LP, Mays & Company is requesting approval of a Replat for Tracts 2R1, 2R2 and 2R3, NRH Industrial Park, an industrial -zoned property of 3.275 acres located near the northeast corner of Iron Horse Drive and Rufe Snow Drive. Approval of this replat would allow for the construction of a new Firestone Complete Auto Care business just south of the existing car wash. The plat also parcels out a third lot which fronts Iron Horse Drive to the east and which at this point will remain vacant. This Replat titles the proposed "lots" as "tracts," which is uncommon for newly platted properties and inconsistent with HRH's policy for plat naming; but the existing plat from 1986 designates the lots as tracts already. The surveyor, JPH Land Surveying, has maintained throughout the DRC review process that changing from "tract" to "lot" will complicate future title searches on the properties. Under these unique circumstances, staff is satisfied with the applicant's response. CURRENT CONDITIONS & ZONING: The original "Tract 2" was developed with a car wash in 2005 under the 1 -2 Industrial Zoning District. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Commercial" for this area. The Commercial Land Use is intended to permit a variety of commercial uses including automobile - related services, retail trade, and business service establishments with outside storage, display and sales. THOROUGHFARE PLAN: The car wash lot (proposed Tract 2R3, 1.014 acres) will continue to have direct frontage on Rufe Snow Drive and access to Iron Horse Blvd via cross access easements. The Firestone lot (proposed Tract 2R1, 1.197 acres) will have frontage along both Rufe Snow Drive and Iron Horse Blvd. The vacant lot (proposed Tract 2R2, 1.064 acres) will have direct frontage on Iron Horse Blvd and access to Rufe Snow through access easements. Rufe Snow Drive is a 7 -lane undivided principal arterial (P7U) with 130 feet of ROW width. Iron Horse Boulevard is a 4 -lane undivided major collector (C4U) with 68 feet of ROW width. ROUGH PROPORTIONALITY: No additional public street paving, sanitary sewer or drainage facilities are needed to provide service to these lots. However, the Subdivision will be required to have sidewalks installed along its frontage during the building permit process on each lot. Such items /improvements (sidewalks) are roughly proportionate to the proposed Subdivision. Therefore, the developer will be required to design and construct these items /improvements per current minimum City standards. PLANNING & ZONING COMMISSION The Planning & Zoning Commission recommended approval of RP 2012 -06 by a vote of 6 -0 at their June 21, 2012 meeting. STAFF RECOMMENDATION: Approval of RP 2012 -06. INFORMATIONAL MATERIAL: To understand the impetus behind the proposed Replat, the Site Plan and Elevations certified by the Development Review Committee for Firestone Complete Auto Care on the proposed Tract 2R1 are provided below. DRC- Certified Elevations for Firestone ME Irm" iff- Incur tJDRTH ELEVATIDN (EAS . w F . ie WE EVATION NCLOSURE ELEVATION ■ DRC- Certified Site Plan for Firestone i a,. - N . irxRS exek TO- x �. ,;.:...� �S�fE�Tr�on LEGEND i r3,:wcr�v 9 -4 vidnity Map o fl �Y�n Q-Ow 51% wlr 'i ` 6 A _.. .... - - � k 1 = � I ❑ YiEEtWLS sc wmm.wm awrsun.�a _ till r bi - .. vor[s ffi Poe g'L nn.c �4. In W° J! !, uj ci J H w Q of O = fl T u- 3 2 w 0 W ¢ 2 OR— _ SITE DATA 1 ��rt ee n ww rass.Zme,a� u.l _ smc s ;'E RAN C -2 LOCATION MAP AERIAL PHOTO I n. < of 0 � G 2 � mom. S II , EA9 lZ .p r R ,❑ IL rp AL t s REPLAT EXHIBIT xlc moist b. Rcplat Tracts 2R-1, 2R-2, & 2R-3 NRH Industrial Park Tract 2. ufTmct 1.1 Lubd 3 NRH InduuuiW Park Volme 388-144, Page 44, RRY-C.T. 7TI --- - - -- — — — — — — — — — — — r r- 2 R-3 T- 2R-z lmw �j 55 sq- 1�q *,341 s9� Fm new. V I L 11 Fj I', q.9 1 T- 2R-1 LAY? A- 17,142 %1- F-1 sn e vft� VICINITY NISI' xlc moist b. Rcplat Tracts 2R-1, 2R-2, & 2R-3 NRH Industrial Park Tract 2. ufTmct 1.1 Lubd 3 NRH InduuuiW Park Volme 388-144, Page 44, RRY-C.T. EXCERPT FROM THE MINUTES OF THE JUNE 21, 2012 PLANNING AND ZONING COMMISSION MEETING Consideration of a Replat to create Tracts 2R -1, 2R -2, and 2R -3, NRH Industrial Park on property currently described as Tract 2, of Tract 1, 2, and 3, NRH Industrial Park; located on 3.275 acres in the 5700 Block of Rufe Snow Drive. ►,1 »:197 ►1 =1 1 Mark Haynes moved to approve RP 2012 -06, seconded by Mike Benton. The motion passed unanimously (6 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date 7 -9 -2012 Subject Agenda Item No. E.0 PUBLIC WORKS No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 7 -9 -2012 Subject Agenda Item No. F.0 GENERAL ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. F.1 GN 2012 -051 Selective Traffic Enforcement Program FY 2013 Grant - Resolution No. 2012 -023 Presenter: Mike Hamlin, Assistant Police Chief Summarv: The Texas Department of Transportation (TxDOT) provides grant programs to support the mission of the Selective Traffic Enforcement Program (STEP), which is to reduce the number and severity of vehicular crashes throughout the state. The North Richland Hills Police Department has received notification from TxDOT that grant funds have been allocated under the STEP 2013 Program to reimburse for overtime hours incurred while conducting enforcement for speed compliance and increased DWI enforcement. General Description: To receive the grant funds, the City of North Richland Hills is required to enter into a grant agreement with TxDOT. The City of North Richland Hills agrees to fund overtime for 1,458 projected additional man -hours targeting speed compliance and impaired drivers throughout this period. The Police Department will seek reimbursement from TxDOT at the conclusion of each month for overtime and mileage costs incurred each month. The maximum amount of the grant is $103,321.28 which includes TxDot reimbursements of $39,160.22 and city's match (including in kind) of $64,161.06. The City's matching amount of $64,161.06 represents 42% of the total wages and 100% of the administrative costs for the program, vehicle costs, etc. Participation in this grant will allow the Police Department to target two violations of the law that unquestionably cause our citizens injury and property damage. The Grant becomes effective on the date of final signature of both parties and ends on September 30, 2013, unless terminated or otherwise modified. The attached resolution will authorize application for the grant and appoint the City Manager as the agent to act for the City relative to the grant. Recommendation: Approve Resolution No. 2012 -023 M RH 10**QWil0IQ►I►161WIT11VZOWC? 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 STEP 2013 Program 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 to provide for increased enforcement for speed compliance and additional enforcement hours targeting impaired drivers during fiscal year 2013; and WHEREAS, The City Council of North Richland Hills finds that these two violations of the law unquestionably cause our citizens injury and property damage; and WHEREAS, The City Council of North Richland Hills agrees to fund overtime hours to provide for this additional enforcement during fiscal year 2013, in anticipation of reimbursement from the Texas Department of Transportation as set forth in the Grant Agreement; and WHEREAS, The City Council of North Richland Hills designates City Manager Mark Hindman 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 for the STEP 2013 Program. PASSED AND APPROVED this the 0th day of July, 2012 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor F-11 a 11*3 6 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 STEP 2 ©13 BUDGET SUMMARY Budget Category TxDOT Match Total Category I - Labor Costs (100) Salaries $39,160.22 $28,542.62 $67,702.84 (200) Benefits $0 $24,192.46 $24,192.46 Category I Sub- 'total $39,160.22 $52,735.08 $91,895.30 Category II - Other Direct Costs (300) Travel $0 $8,745.22 $8,745.22 (400) Equipment $0 $0 $0 (500) Supplies $0 $1,238.76 $1,238.76 (600) Contractual Services $0 $1,442.00 $1,442.00 (700) Other Miscellaneous $0 $0 $0 Category II Sub -Total $0 $11,425.98 $11,425.98 Total Direct Costs $39,160.22 $64,161.06 $103,321.28 Category III - Indirect Costs (800) Indirect Cost Rate $0 $0 $0 Summary Total Labor Costs $39,160.22 $52,735.08 $91,895.30 Total Direct Costs $0 $11,425.98 $11,425.98 Total Indirect Costs $0 $0 $0 Grand Totals $39,160.22 $64,161.06 $103,321.28 I Fund Sources (Percent Share) 1 37.90% 62.10% Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minim and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall fiuYni the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A- 1101); OMB Circular A -87; OMB Circular A -102; OMB Circular A -21; OMB Circular A -122; OMB Circular A -133; and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) § §46011 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC § §4321 et seq.; the Clean Air Act, as amended, 42 USC § §7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC § §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the fiiture are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(x) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(x) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment E, Traffic Safety Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If Attachment E, Traffic Safety Project Budget, specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with Attachment E, Traffic Safety Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the oventan does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overran must be off -set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department prior to the Request for Reimbursement being approved. This notification must be in the form of an attachment to the Request for Reimbursement that covers the period of the overrun. This attachment must indicate the amount, the percent over, and the specific reason(s) for the oven Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In Attachment E of the Grant Agreement, Traffic Safety Project Budget (Form 2077 -LE), Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, " PI &E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use undenun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, " PI &E Activities." The TxDOT amount for Subcategory B, " PI&E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with underrun fiends from Budget Categories II or III.. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with Attachment E, Traffic Safety Project Budget, within the time frame specified in the Grant Period on page 1 of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is farther governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A -21, Cost Principles for Institutions of Higher Education; • A -87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A -122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in Attachment D, Action Plan, within thirty (30) days after the end of the billing period. The Subgrantee will use billing forms acceptable to the Department. The original Request for Reimbursement, with the appropriate backup documentation, must be submitted to the Department address shown on Attachment A, Mailing Addresses, of this Agreement. In addition, a copy of the Request for Reimbursement and appropriate backup documentation, plus three (3) copies of the Request for Reimbursement without backup documentation, must be submitted to this same address. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty -five (45) days of the end of the grant period. H. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period, which is specified on page 1 of this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient firnding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE S. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment designated by the Department. Any amendment must be executed by the parties within the Grant Period, as specified on page 1 of this Grant Agreement. ARTICLE G. ADDITIONAL WORD AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work . will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30) days after the end of each reporting period, as designated in Attachment D, Action Plan, the Subgrantee shall submit a performance report using forms provided or approved by the Department. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minim (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. The Subgrantee shall submit the Final Performance and Administrative Evaluation Report electronically within thirty (30) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE S. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified on page l of this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a goverment entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified on page 1 of this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal fluids are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133, "Audits of States, Local Governments, and Other Non- Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona tide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that wound in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. 'SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve„ use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A- 11(3), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared wider this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department.. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60 -74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination : The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds. of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal hinds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal fiords. These requirements shall be included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENTISUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article, and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Carder 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furni a copy of the certification. ARTICLE 25. LOBBYING CERTII'ICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for beeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specked grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: http://www.dot.st,ate.tx.us/cso/default.htm. RESPONSIBHLITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • telephone conversations • eGrants system messaging • e -mails and letters • quarterly review meetings • physical inspection of project records and supporting documentation. B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress towards self- sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices. RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department - approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI &E) activities. Salaries being claimed for PI &E activities must be included in the budget. F. When applicable, all newly developed PI &E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI &E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district- managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours or holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. M. If an officer makes a STEP - related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administrationllnternationa.l Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DBEs) when necessary. T. The Subgrantee is encouraged to use the DWI On -line Reporting System available through the Buckle Up Texas Web site at www.buckleui)texas.com . M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. F.2 GN 2012 -053 Appointments to Boards & Commissions Presenter: Patricia Hutson, City Secretary Summarv: Council is being asked to approve the nominations to the Boards & Commissions. General Description: The terms of office for the individuals serving on the Boards and Commissions in Places 2, 4, 6 and Alternate f Ex Officio have expired. In addition, the Place 5 position on the Teen Court Advisory Board has been vacated. For the boards listed below, Chapter 2, Article I 11, Section 2 -121 c of the Code of Ordinances states that the City Council will act upon Council member nominations. The following nominations have been submitted for Council consideration at this time: Keep North Richland Hills Beautiful Commission Latoyia Dennis Place 2 Kathy Luppy Place 6 Shannon Juarez Alternate Board of Adjustment Brian Crowson Place 2 Bill Gibbs Place 6 Library Board Karen Alexander Place 2 Mike Madar Place 6 Kathy Antropik Alternate Park and Recreation Board Suzy Compton Place 2 Jay Crane Place 6 Paul Pena III Alternate Planning & Zoning Commission and Capital Improvement Advisory Committee Mike Benton Place 2 William 5chopper Place 6 Gerald (Jerry) Tyner Ex Officio Substandard Building Board Thomas Moreau Place 2 Brian Crowson Place 6 Teen Court Advisory Board Janet Golightly Place 2 Lisa Daugherty Place 5 Karen Russell Place 6 The Place 4 nominations are not yet complete and Council will be advised of these nominations at the Council meeting. The terms of office for Places 2, 4, 6, and Alternate /Ex Officio will expire June 30, 2014 and term of office for the appointment to Place 5 will expire June 30, 2013. Recommendation: Take action on City Council member nominations to the Boards & Commissions. k4 KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. F.3 GN 2012 -054 Appointments to Civil Service Commission - Places 1, 2, 4, 5 & Ex Gfficios Presenter: Patricia Hutson, City Secretary Summarv: Council is being asked to confirm the Mayor's appointments to the Civil Service Commission. General Descriration: The terms of office for the individuals serving in Places 1, 2, 4, 5 and Ex Officios on the Civil Service Commission expired June 30, 2012. The Charter stipulates that these appointments are mayoral appointments with confirmation by two- thirds vote of the Council. The Charter also stipulates that Positions 2 and 4 shall be appointed from a list or list of nominees provided to the Mayor by the City employee associations. If no list is presented, the (Mayor may make the appointment as he deems fit. The associations were notified on June 8 of the upcoming Place 2 and Place 4 appointments and were asked to submit their recommendations to the City Secretary. The North Richland Hills Firefighter's Association submitted their recommendation in support of the reappointment of September Daniel to Place 2. The Police Associations submitted their recommendation in support of the reappointment of Arthur De La Flor to Place 4. Mayor Trevino is recommending the following individuals for Council confirmation: Place 1 Place 2 Place 4 Place 5 Ex Officio Ex Officio Sally Bustamante September Daniel Arthur De La Flor Robert Harrison Tony Radar Brent Barrow term expires 6/30/2013 term expires 613012013 term expires 6130/2014 term expires 6/30/2015 term expires 6/30/2014 term expires 6/30/2014 Recommendation: To take action on the Mayor's appointments. M RH COUNCIL MEMORANDUM From The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. F.4 GN 2012 -055 Appointments Committee Presenter: Patricia Hutson, City Secretary to Red Light Camera Advisory Summarv: Council is being asked to approve the annual appointments to the Red Light Advisory Committee. General Description: In accordance with State Law and Article X of Chapter 54 of the North Richland Hills Code of Ordinances, the Mayor and each member of Council is required annually to appoint an individual to serve on the Red Light Camera Advisory Committee. The committee's purpose is to advise the Council on the installation and operation of a photographic traffic signal enforcement established under Article X of Chapter 54. The Council members have submitted the following names for appointment to the Red Light Advisory Committee. Their terms of office will expire June 30, 2013. Councilman Rodriguez Councilwoman Wright Oujesky Mayor Pro Tem Lombard Councilman Whitson Councilman Turnage Councilman Welch Bob McCary Richard Scott Wood Charlie Ott Gerald Tyner Pam Hansen Karen Williams Councilman Barth's nomination is not yet complete and Council will be advised of his nomination at the Council meeting. Mayor Trevino will not be recommending an appointment to the Red Light Camera Advisory Committee at this time. Recommendation: Approve the appointments to the Red Light Advisory Committee submitted by the Council, term expiring June 30, 2013. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. F.5 GN 2012 -056 Appointments to Park and Recreation Facilities Development Corporation - Places 1, 3, 5 and 7 Presenter: Patricia Hutson, City Secretary Summarv: Council is being asked to approve four appointments to the Park and Recreation Facilities Development Corporation. General Descriration: The terms of office for the Board Members serving in Places 1, 3, 5 and 7 on the Park and Recreation Facilities Development Corporation expired on May 1, 2012. The Corporation's Articles of Incorporation and Bylaws state that appointments to the Board of Directors are to be made by the City Council and that Places 1-4 are designated for Council Member Directors and Places 5 -7 are designated for Citizen Member Directors. Because of the purpose of this Board, practice has been to select current members of the Park and Recreation Board to serve as the citizen members on this Board. The places with expired terms are: Place 1 Council Member Director (Councilman Whitson- incumbent) Place 3 - Council Member Director (Mayor Trevino - incumbent) Place 5 - Citizen Member Director (Tracye Tip,ps — incumbent) Place 7 - Citizen Member Director ('Brad Greene — incumbent) Other board members whose terms have not expired are: Councilman Rodriguez, Place 2; Councilman Barth, Place 4; and Jay Crane, Place 6. Recommendation: To appoint 1) Council Member Directors to Places 1 and 3, terms expiring May 1, 2014 2) Citizen Member Directors who are also serving on the Park and Recreation Board to Places 5 & 7, terms expiring May 1, 2014. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. F.6 GN 2412 -057 Appointments to Animal Adoption & Rescue Center Advisory Committee - Places 2 and 4 Presenter: Patricia Hutson, City Secretary Summary Council is being asked to consider two appointments to the Animal Adoption and Rescue Center Advisory Committee. General Description The individuals serving in Places 2 and 4 on the Animal Adoption and Rescue Center Advisory Committee terms of office expired on June 30. The ordinance establishing the Board states that the appointment to Place 2 shall be a city official and the appointment to Place 4 shall be a representative from an animal welfare organization. Currently serving in Place 2 is Councilman Tito Rodriguez and Place 4 is Pam Burney, Vice President of Community Initiatives, American Society for the Prevention of Cruelty to Animals. Both of these positions are two year terms of office. Recommendation To appoint a city official to Place 2 and a representative from an animal welfare organization to Place 4, terms expiring June 30, 2014. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. F.7 GN 2012 -058 Appointment of Board delegate to Reinvestment Zone No. 1 and Reinvestment Zone No. 2 Presenter: Patricia Hutson, City Secretary Summarv: With the resignation of Ken Sapp from the City Council, the city has one vacant seat on the Board of Directors of Reinvestment Zone No. 1 and Reinvestment Zone No. 2. The City Council is being requested to appoint a City Council Member to fill the seat vacated by former Councilmember Ken Sapp. General Description: The Bylaws of Reinvestment Zone No. 1 state that the nine - member Board is to consist of five members appointed by the City Council. Council Members currently serving on this board are Mayor Trevino, Councilman Whitson, Councilman Turnage and Councilman Welch. The Bylaws of Reinvestment Zone No. 2 state that the nine - member Board is to consist of six members appointed by the City Council. Council Members currently serving on this board are Mayor Trevino, Councilman Rodriguez, Councilman Whitson, Councilman Turnage and Councilman Welch. Initially when the Reinvestment Zones were created, First Southwest Company, the City's Financial Advisor, recommended that the City's Board Members include elected officials of the City. Council also agreed to appoint the same Council Members to Reinvestment Zones No. 1 and 2 with the exception of the one extra member on Reinvestment Zone No. 2. The Council Member appointed to fill these vacancies will serve until October 2012 at which time all board members terms will expire. Recommendation: To appoint a member of the City Council as North Richland Hills' delegate to Reinvestment Zone No. 1 and Reinvestment Zone No. 2. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. F.8 GN 2012 -059 Brinkley Sargent Architects Professional Services Agreement - Resolution No. 2012 -024 Presenter: Jimmy Perdue, Public Safety Director Summarv: City Council is being asked to authorize the City Manager to Execute a Professional Services Contract with Brinkley Sargent Architects in the amount of $4,893,847 for Professional Architectural Services related to the design and construction of the new Municipal Complex — Resolution No. 2012 -024. The approved project includes funding for engineering, design and construction administration services related to the development of the proposed new Municipal Complex located on approximately 12 acres of land in the Calloway Creek Commercial development (formerly North Hills Mall). General Descrir)tion: The City issued a Request for Qualifications (RFQ) on August 16, 2011 for interested firms to submit their qualifications to conduct a space needs and site assessment for city facilities. The City received a total of 16 responses from firms across the country. The quality of responses was of the highest caliber representing firms with significant experience in this type of project. The City was especially pleased to have received responses from many North Texas firms. Per City policy, the City Manager selected a review committee to evaluate the submittals and make a recommendation. The committee narrowed the list down to six firms and conducted interviews on October 20 -21, 2011. Fallowing those interviews, the committee unanimously recommended the firm of Brinkley Sargent Architects (BSA) to conduct the space needs assessment. The City Council approved this contract during the November 14, 2011 City Council meeting. At the conclusion of the space needs assessment the information was presented to the Community Improvement Program (CIP) Task Force. This citizen led group reviewed all of the material and recommended to the City Council that the City proceed with the development of a new Municipal Complex. The recommendation included a funding of the project through a combination of bonds and other City revenue sources. The City Council concurred with the recommendation of the CIP Task Force and authorized a $48 million ballot initiative to partially fund the project. On May 12, 2012 the item was approved by the voters of NRH with 68 % in favor. An initial budget estimate of up to $70 million has been set for the total project, which includes everything from land acquisition and architectural design to construction, fixtures and equipment. The new municipal complex will include approximately 180,000 square feet of space for City Hall, Municipal Court and Public Safety including Fire Administration. It will be constructed on approximately 12 acres of land in the Calloway Creek Commercial development (former North Hills Mall). The City Manager reconvened the review committee and conducted a further evaluation of the firms that were interviewed during the space needs assessment process. The committee unanimously agreed that the firm of Brinkley Sargent Architects offered the best combination of experience and familiarity with this type of project. Brinkley Sargent Architects (BSA) was founded in 1975 and has its principal office in Dallas, Texas. The firm focuses their efforts on municipal type facilities and has completed projects around the country with many being in the North Texas area. They have extensive experience with the design of municipal facilities particularly as they relate to the unique requirements for a public safety facility. Some of their recently completed projects include: Grand Prairie Public Safety Headquarters, Ft. Collins Police Services Facility, Georgetown Council Chambers, Bryan Justice Center, Mesquite Public Safety and Municipal Complex. The City has direct experience with BSA on a number of City projects including most recently the NRH Centre. City staff involved in this project has been very pleased with the work of the firm and facility they have created. The contract has been negotiated at $4,893,847, based on a currently estimated construction budget of $52,000,000. A final price will be set at the conclusion of design development, based on the final construction budget. The $4,893,847 includes: • Basic architectural /engineering services of $3,380,000 (6.5 %4 of construction costs) which includes Architectural, Structural Engineering and Mechanical, Electrical and Plumbing Engineering. • $1,338,847 in supplemental services which includes Civil Engineering, Civil and Design Work for Entrance Boulevard, Accessibility Consulting, Landscape Design Services, Cost Estimating Services, Site Submittal, Interior Design and FF &E Services, Technology Systems Design Services, Building Commissioning Services, Audio/Visual & Acoustical Consulting, As -built Drawings, and Conceptual Design Energy Modeling. • A reimbursable budget of $175,000 which includes 3D modeling. Excluding the reimbursable budget, the total contract amount ($4,718,847) equals 9.1 % of the current construction budget or 6.7 % of the total project budget. After the contract has been executed and the Notice to Proceed is issued by the City, it is anticipated that design services will take approximately 12 -16 months. Recommendation: Approve Resolution No. 2012 -024 RH I0 *WW1,119ED] I,IZ,191w llPZIYZI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute a Professional Services Agreement with Brinkley Sargent Architects in the amount of $4,893,847 for Professional Architectural Services related to the design and construction of the new Municipal Complex as the act and deed of the City. PASSED AND APPROVED this the 9th day of July, 2012. la ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor George A. Staples, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 7 -9 -2012 Subject Agenda Item No. G.0 EXECUTIVE SESSION ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 7 -9 -2012 Subject Agenda Item No. G.1 Action on Any Item discussed in Executive Session Listed on Work Session Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject Agenda Item No. H.0 INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 7 -9 -2012 Subject: Agenda Item No. H.1 Announcements - Councilman Welch Announcements Golfers and pet lovers are invited to participate in the North Richland Hills Animal Adoption & Rescue Center benefit golf tournament on Saturday, July 14 at Iron Horse Golf Course. The registration fee is 70 plus tax, with proceeds being donated to the NRH Animal Adoption & Rescue Center. You can register online at www.ironhorsetx.com or by calling 817 -485 -6666. Dive -in Movies continue on Friday nights at NRH20. Join us on July 13th for "The Sandlot" and July 20 for "Jaws." 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 conducts CPR training classes once each month. The next class is scheduled from 1 p.m. to 5 p.m. on Saturday, July 21st. 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. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we spotlight: Tuan Ngo of the Facilities & Construction Department - A teacher was awkwardly wheeling a 40 gallon trash can full of paper down Dick Fisher Drive to empty it into a recycling bin when Tuan saw her and pulled over to assist. Tuan loaded the can and drove it to the recycling bin and unloaded it. The teacher wanted to express her heartfelt thanks for Tuan lending a helping hand. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 7 -9 -2012 Subject Agenda Item No. H.2 Adjournment