B.1 Minutes of the February 16, 2010 Briefing and Regular Session Consider the Minutes of the February 16, 2010 Briefing and Regular Session

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1 City of Grand Prairie City Council Regular Meeting Agenda City Hall Plaza 317 West College Street Grand Prairie, Texas Tuesday, March 2, :30 P.M. A.1 Call To Order Invocation: Pastor Bill Eubanks, Grand Prairie Bible Church Pledge of Allegiance to US Flag and to the Texas Flag led by Council Member Bill Thorn A.2 Presentations Employee of the Month - Gregg Kidd, Environmental Services B.0 Consent Agenda B.1 Minutes of the February 16, 2010 Briefing and Regular Session Consider the Minutes of the February 16, 2010 Briefing and Regular Session B.2 Panel Replacement Change Order 11 - Arkansas Lane and Warrior Trail Paving Project a. Consider approval of Change Order No. 11 with Mario Sinacola & Sons Excavation, Inc. in the net amount of $192,476 for various modifications and improvements to the Arkansas Lane and Warrior Trail Paving, Drainage and Utility Improvements project; and b. Consider adoption of an ordinance amending the FY 2009/2010 Capital Improvement Projects Budget B.3 Neighborhood Stabilization Programs Consider an ordinance approving the expenditure of $500,000 for the purchase of 6-8 homes as part of the NSP 4-GOV program B.4 Housing Choice Voucher (Section 8) Budget Funding Year 2010 Consider an ordinance adopting the Housing Choice Voucher Budget Funding Year 2010 B.5 Amendments to the Rules for Collection of Hotel Occupancy Tax Consider an ordinance amending the Code of Ordinances, Chapter 24, Taxation, Section 24-34, Rules and Regulations; Access to Records regarding reporting and collection of hotel occupancy tax B.6 Price Agreement for Fertilizer for Parks, Golf Courses, and Cemetery Consider award of bids and price agreement with Justin Seed, Helena Chemical Co., and Mann Farm and Ranch for the purchase of fertilizer at an estimated annual cost of $91,138.76

2 B.7 Purchase of an Emergency Notification System Consider the purchase of a Reverse emergency notification system from Dialogic Communications Corporation through an HGAC cooperative purchasing agreement, at a cost of $160,000 using a Homeland Security Grant B.8 Engineering Contract for Gas Well Inspector Services Consider renewing a contract with Larry Hulsey with Larry O. Hulsey & Co. for engineering services as the City's Gas Well Inspector for a one year period renewable for a second year in an amount not to exceed $250,000 in the first year and $300,000 in the second year B.9 Hazard Mitigation Action Plan and Continuity of Operations Plan/Continuity of Government Plan a. Consider authorizing the City Manager to execute a contract with Beck Disaster Recovery, Inc. in the amount of $82,736 for the development of a Hazard Mitigation Action Plan. b. Consider authorizing the City Manager to execute a contract with Beck Disaster Recovery, Inc. in the amount of $60,164 for the development of a Continuity of Operations Plan/Continuity of Government Plan B.10 Developer's Agreement with the Viridian Municipal Management District (VMMD) Consider approving an agreement with the VMMD for a connecting road from Arlington to Riverside Drive in Grand Prairie B.11 Purchase of Replacement Microphones for Police In-Car Video System Consider the purchase of Digital Safety Technology Enhanced Microphones in the amount of $49,950 for Police In-Car-Video System and installation from John Wright and Associates in the amount of $12,000, for a total cost of $61,950 B.12 Professional Services Engineering Construction Inspection Services Contract for South Sector Lift Station Consider award of a Professional Engineering Contract to RJN, Inc. for Inspection Services for the South Sector Lift Station in the amount of $198,528. Approve a 5% contingency in the amount of $9,926, for a total cost of $208,454 B.13 South Sector Lift Station Consider award of a construction contract to North Texas Contracting, Inc. in the amount of $2,377,737. Consider approval of a 5% contract contingency of $118,887 and a 2% engineering administration of $47,555, for a total project cost of $2,544,179. B.14 Engineering Services Contract with Kimley-Horn and Associates and a Dallas County Funding Agreement for Signal Timing Optimization a. Consider an Engineering Services Contract with Kimley-Horn and Associates, Inc. in the amount of $465,983. b. Consider appropriating a 5% contingency of $23,299 and $58,817 for data entry and timing evaluation by City staff.

3 b. Consider authorizing the City Manager to enter into an Interlocal Agreement with Dallas County for updating signal timing for traffic signals within Dallas County B.15 Cabling Contract with Able Communications Consider approval of Cabling Contract with Able Communications, Inc. in the Amount of $100,338 B.16 Purchase of Police and Fire Equipment (a) Consider authorizing the purchase of various police and fire equipment in the amount of $185,000 from the ending resources in the Red Light Safety Fund (b) Consider authorizing the purchase of L/3 Mobile Vision camera system for police motorcycles in the amount of $60,447 through an inter-local agreement. B.17 Speed Cushions-Appropriation Request Consider an ordinance amending the FY 2009/2010 Capital Improvements Project Budget by appropriating $25,000 for ordering speed cushions. C.0 Public Hearing Consent Agenda There are no hearings on the Consent Agenda. D.0 Public Hearing on Zoning Applications There are no public hearings on zoning applications. E.0 Items for Individual Consideration E.1 Legislative Consultant Consider authorizing a contract with Focused Advocacy to act as legislative consultant in the amount of $6,500 per month F.1 Citizen Comments Citizens may speak for up to five minutes on any item not on the agenda by completing and submitting a speaker card. F.2 Adjournment

4 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. A.1 Call To Order Invocation: Pastor Bill Eubanks, Grand Prairie Bible Church Pledge of Allegiance to US Flag and to the Texas Flag led by Council Member Bill Thorn

5 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. A.2 Presentations Employee of the Month - Gregg Kidd, Environmental Services Employee of the Month Gregg Kidd was nominated as Employee of the Month by the Environmental Services Employee Recognition Committee. The nomination states: Gregg did an outstanding job in preparing our household hazardous waste trailer that our division obtained through a North Texas Council of Government grant. When we received the trailer, it was unfinished. Gregg was essential in getting bids and taking the trailer to different vendors to have installations (like a ceiling and getting the floor coated). Gregg also did some of the work himself, like painting with chemical resistant paints and adhering special wall boards to the inside. Gregg was instrumental in getting a rollout awning. Gregg s efforts will safeguard our trailer against contamination and wear and tear. His input and work was invaluable. Gregg always has a positive attitude and enjoys taking on additional challenging projects.

6 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.0 Consent Agenda

7 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.1 Minutes of the February 16, 2010 Briefing and Regular Session Consider the Minutes of the February 16, 2010 Briefing and Regular Session PRESENTER: Cathy DiMaggio, City Secretary RECOMMENDED ACTION: Approve the Minutes of the February 16, 2010 Briefing and Regular Session Attachments: 1. Minutes of the February 16, 2010 Briefing Session 2. Minutes of the February 16, 2010 Regular Session

8 CITY COUNCIL BRIEFING SESSION CITY OF GRAND PRAIRIE FEBRUARY 16, 2010 MINUTES The City Council of the City of Grand Prairie, Texas, met in a briefing session prior to the regular City Council meeting on February 16, 2010, 4:30 p.m. in the Council Briefing Room, 317 College Street, with the following members present: Charles England, Mayor Ron Jensen, Mayor Pro Tem Ruthe Jackson, Deputy Mayor Pro Tem Greg Giessner, Council Member Mark Hepworth, Council Member Jim Swafford, Council Member Bill Thorn, Council Member Council Members Richard Fregoe and Tony Shotwell were absent. With a quorum present, Mayor England called the meeting to order 4:40 p.m. in accordance with the official agenda posted February 12, A.1 Closing Arbor Rose Access to SH161 Jim Sparks, Transportation Director, explained that staff s recommendation to close the access from Arbor Rose to SH161 stemmed from a safety factor. Council Member Hepworth said he had spoken to several residents and had many positive responses regarding the closing. Mr. Sparks said residents will need to take Carrier Parkway over to Egyptian Way then back to I-30. He added that, in essence, this closing makes the community a private community with city streets. Council Member Thorn noted that on the other side of the development there is no access to the west. He asked if there were any plans for access on west side. Mr. Sparks said there is a creek in the back and there would probably need to be a house removed which would be a very costly project to undertake. Mayor England asked who was going to build a sound barrier. Mr. Sparks said TXDOT will add it to their project as a change order, but they will not close access until the SH 161 frontage road is finished. Mayor England commented that there are greater safety problems in the city, particularly at the intersection of Main Street and the SH161 frontage road. Deputy Mayor Pro Tem Jackson stated that the Public Health, Safety and Environmental Committee had met regarding the closing and is in favor of it. Agenda Review There were no questions on agenda items. City Manager Tom Hart said he was very impressed with city staff during the recent snow storm. He said the damage to trees was significant and the Public Works and Parks Departments did a

9 great job of removing trees and limbs and spent many hours making sure that obstructions were cleared away as soon as possible. Executive Session There was no executive session. Recess The Briefing Session was recessed at 5:06 p.m. THE FOREGOING MINUTES WERE OFFICIALLY APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, AT THEIR REGULAR MEETING ON MARCH 2, Catherine E. DiMaggio, City Secretary

10 CITY OF GRAND PRAIRIE CITY COUNCIL REGULAR SESSION FEBRUARY 16, 2010 MINUTES The City Council of the City of Grand Prairie, Texas, met in regular session in the City Council Chambers in City Hall, on February 16, 2010, with the following members present: Charles England, Mayor Ron Jensen, Mayor Pro Tem Ruthe Jackson, Deputy Mayor Pro Tem Greg Giessner, Council Member Mark Hepworth, Council Member Tony Shotwell, Council Member Jim Swafford, Council Member Bill Thorn, Council Member Council Member Richard Fregoe was absent. A.1 Call to Order Mayor England called the meeting to order at 6:32 p.m. Pastor Shawn Bernard, Inglewood Baptist Church, gave the invocation. Deputy Mayor Pro Tem Ruthe Jackson led the Pledge of Allegiance to the U.S. Flag and to the Texas Flag. B.0 Consent Agenda Deputy Mayor Pro Tem Jackson moved, seconded by Council Member Swafford, to approve Items B.1 through Item B.16 on the Consent Agenda. Ayes: Council Members Giessner, Hepworth, Shotwell, Swafford, Thorn, Deputy Mayor Pro Tem Jackson, Mayor Pro Tem Jensen and Mayor England Nays: None The motion carried unanimously as follows: B.1 Minutes of the February 2, 2010 Briefing and Regular Session Approve the Minutes of the February 2, 2010 Briefing and Regular Session B.2 Veterans Memorial Fence, Landscape and Irrigation Improvements Approve a construction contract with Parkscape Construction in the amount of $90,491.52, with the addition of Alternate 1 in the amount of $32,163.33, Alternate 2, in the amount of $20,570.52, Alternate 3 in the amount of $2,716.80, for a total contract price of

11 $145,942.17, for the Veterans Memorial fence, landscape and irrigation improvement project. Consider authorizing a 2.78% contingency of $4, B.3 Arbor Creek Drainage and Utility Improvements Construction Contract Approve Change Order/Amendment No. 2 in the amount of $24,177 with Laughley Bridge and Construction, Inc. for Arbor Creek Drainage and Utility Improvements B.4 Lease Amendment - Hangar Alpha, LLC Approve a Lease Amendment with Hangar Alpha, LLC B.5 Support Resolution for Texas Water Development Board Grant Request Adopt a Resolution supporting a Texas Water Development Board grant request by the City of Arlington for a planning grant for Cottonwood and Fish Creeks in the City of Arlington B.6 FY 07 Wastewater Master Plan Overflow Project a. Approve a construction contract with Utilitex Construction LLP in the amount of $1,114,509, a project contingency of $55,726, and $89,160 for materials, testing, and engineering; and b. Adopt an ordinance amending the FY 2009/2010 Capital Improvements Project Budget B.7 Contingency Transfer to Unemployment Services Account Authorize the transfer of $110,000 from the FY 2010/2011 General Fund Contingency Account for the increase of Unemployment Services B.8 Contract for Golf Cart Lease Authorize the renewal of a three-year contract with EZ-Go Textron, to provide golf cart leasing and maintenance services at a total cost of $415,841 or $138,614 annually. B.9 Easement Abandonment - Grand Prairie Independent School District Adopt an ordinance to abandon an unneeded portion of a 15.0 foot wide water main easement in connection with the Fannin Middle School Expansion, located near the intersection of NE 27th Street and Rinehart Street B.10 Easements Abandonment - SAIA Motor Freight Line, LLC Adopt an ordinance to abandon unneeded portions of a 20.0 foot wide drainage easement and a 10.0 foot wide drainage easement, located at 1002 W. Oakdale Road, near the intersection of Oakdale Road and Hard Rock Road

12 B.11 North Texas Interoperability Communications Coalition and Allocation of Federal Seizure Funds a. Approve an interlocal agreement with member cities of the North Texas Interoperability Communications Coalition (NTICC) to support a regional public safety radio system; and b. Consider authorizing the allocation of $15,000 from the Federal Seizure Fund (285110) to fund the City's participation in NTICC. B.12 Price Agreement for Wiring Materials and Services Approve an eight month price agreement for the purchase of wiring materials and services from Able Communications, Inc., through an inter-local cooperative agreement with Tarrant County, at an estimated annual cost of $120,000, and authorize the City Manager to execute up to two available one-year renewal options B.13 Sara Jane and Great Southwest Pkwy. Intersection Improvements - Change Order No.3 a. Approve Change Order No. 3 with McMahon Contracting, L. P. in the amount of $ 31,674 for additional improvements at Sara Jane and Great Southwest Pkwy intersection; and b. Adopt an ordinance amending the FY 2009/2010 Capital Improvements Project Budget by appropriating $2,141. B.14 Purchase of Modular Furnishings for the new Lake Parks Rescue Center Authorize the purchase of modular furniture from Wilson Office Interiors, through the State of Texas TXMAS cooperative purchasing agreement, at a cost of $66, B.15 Purchase of Audio Video Equipment for the new Public Safety Building and the Summit and Furnishings for The Summit a. Award a contract for the purchase of Audio Video Equipment from Able Communications (Grand Prairie) at a cost of $600, for the new Public Safety Complex ($349,425.70) and The Summit ($251,245.99); b. Award a contract for the purchase of furniture components for The Summit from Wilson Office Interior ($49,836.33) and Workplace Resources ($36,636.52) at a total cost of $86,472.85; c. Authorize the purchase of additional furniture and related components for The Summit, through informal bids and cooperative purchasing agreements, from various vendors at a cost not to exceed $262,633 B.16 Network Equipment for the Public Safety Building from Flair Data Systems Authorize the purchase of network equipment and installation services from Flair Data Systems in the amount of $222,750.36

13 C.0 Public Hearing Consent Agenda C.1 SU Specific Use Permit S.W. 3rd Street (City Council District 3) Kevin Lasher, Chief City Planner, asked that Council table a request for the approval of a Specific Use Permit for a dry cleaning business in excess of 3,000 square feet that is adjacent to a residential zoning district. The subject property is currently zoned General Retail (GR) District and is generally located south of Jefferson Street on the east side of S.W. 3rd Street. On February 1, 2010 the Planning and Zoning Commission tabled this case by a vote of 8-0. Council Member Swafford moved, seconded by Deputy Mayor Pro Tem Jackson, to close the public hearing and table Case SU Ayes: Council Members Giessner, Hepworth, Shotwell, Swafford, Thorn, Deputy Mayor Pro Tem Jackson, Mayor Pro Tem Jensen and Mayor England Nays: None The motion carried unanimously. D.0 Public Hearing on Zoning Applications D.1 RP Replat - Erikson Addition (City Council District 4) Mr. Lasher reviewed a request for the approval of a Replat of acres subdividing one nonresidential lot into two non-residential lots and a request for an exception to the platting requirements to allow a lot to be platted without fronting onto a public street. The site is currently zoned Light Industrial (LI) District and is generally located south of Timberlake Drive and west of S. Great Southwest Parkway. On February 1, 2010, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. The applicant will be dedicating a 30 easement to allow access from Great Southwest Parkway. Mayor Pro Tem Jensen moved, seconded by Council Member Thorn, to close the public hearing and approve Case RP Ayes: Council Members Giessner, Hepworth, Shotwell, Swafford, Thorn, Deputy Mayor Pro Tem Jackson, Mayor Pro Tem Jensen and Mayor England Nays: None The motion carried unanimously. D.2 SU Specific Use Permit NW 2nd Street (City Council District 5) Mr. Lasher reviewed a request for the approval of a Specific Use Permit for a child daycare facility. The site is currently zoned General Retail (GR) District and is generally located

14 north of College Street along the east side of N.W. 2nd Street. This property is located in the Central Business District-Two (CBD-2) Overlay District. On February 1, 2010, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. One appeal is for offsite parking to meet the parking requirement. The eight parking spaces are located 50 to the south of this property. The applicant is required to put in a new dumpster which has to go on the property. In lieu of building a masonry wall around the dumpster, the applicant wants to put the dumpster behind an existing gate. Mr. Lasher said staff will be monitoring traffic on NW 2 nd Street because of the new subcourthouse going in. Mayor England said he didn t believe people would walk two blocks south to the center to drop their children off; instead they will park in front of the building on NW 2 nd Street to drop off and pick up their children. Mr. Lasher said after the courthouse is built, most of the traffic will be in the afternoon and staff will monitor traffic and if problems occur, the city may have to post No Parking signs on the street. Deputy Mayor Pro Tem Jackson asked if the three huge trees could be removed to make an entrance to drop off and pick up children. Mr. Lasher said if trees are taken out, there would still not be enough room between the trees and building to make a turnaround, but it could possibly be a drop off lane. Council Member Giessner asked how many children will be accommodated. Mr. Lasher replied that there would be a maximum of 34 children. Mayor England asked if there was a playground in the back of the facility. Mr. Lasher said there was a playground in back with a 6 ft. fence around it. Erica Bryant, 7653 Forest Lawn Trail, Dallas, the applicant for the case, was present to answer questions. Council Member Shotwell said he had a problem with the traffic and parking. He said if there are four or five employees, and there are only 8 parking spaces, people will pull up in front and drop kids off. He said he would like to table this item and ask the applicant to come up with an alternative for parking. Ms. Bryant said she already has a lease and would not want the case to be tabled. Council Member Thorn said he was familiar with this property and in the past, alternatives for parking have been explored in great detail, and with the exception of taking the trees down, there is no alternative. He added that is it not a long walk from the parking spaces to the front of the building. Council Member Swafford said that parking there for a short period of time when it was an architect s office was not a problem, and it probably will not be for this business either. He said the school administration building was across the street at that time also. He said if it becomes a problem, and people drop children off in front of the building, the city may have to put up a No Parking zone. Mr. Swafford said he did not have a problem with the case being passed as it is. Mayor England said he had never seen anyone park in those spaces when Smith & Warder had their offices there. Discussion took place on who owned the parking lot with the eight spaces. Council Member Shotwell asked Ms. Bryant if she would agree to put up a no parking sign and inform her clients that they are not to park in front of the building on NW 2 nd Street. The sign, however, would be unenforceable by law. Ms. Bryant agreed.

15 Council Member Shotwell moved, seconded by Mayor Pro Tem Jensen, to close the public hearing and approve Case SU091201, with the stipulation that the applicant would put up a No Parking sign. Ayes: Council Members Giessner, Hepworth, Shotwell, Swafford, Thorn, Deputy Mayor Pro Tem Jackson, Mayor Pro Tem Jensen and Mayor England Nays: None The motion carried unanimously. D.3 TA Text Amendment - Article 9, "Sign Standards," of the Unified Development Code Mr. Lasher presented additions, modifications, clarifications and corrections to the text of the Unified Development Code affecting Section B "Digital Signs"; Section 3 "Definitions" for Changeable and Directional Signs; and Section 10 "Sign Placement" for Monument Signs. On February 1, 2010, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. Mr. Lasher said the Council Development Committee had reviewed these changes and recommended them. The amendments deal mainly with monument signs with LED signs. Deputy Mayor Pro Tem Jackson said she was concerned about safety if drivers are slowing down to read these signs. Mr. Lasher said the required spacing between signs had been increased from 100 to 200 and the message has to stay there for eight seconds so it would not distract drivers. Council Member Swafford moved, seconded by Deputy Mayor Pro Tem Jackson, to close the public hearing and approve Case TA Ayes: Council Members Giessner, Hepworth, Shotwell, Swafford, Thorn, Deputy Mayor Pro Tem Jackson, Mayor Pro Tem Jensen and Mayor England Nays: None The motion carried unanimously. D.4 SU Specific Use Permit E. Main Street (City Council District 5) Mr. Lasher reviewed a request for the approval of a Specific Use Permit for automotive sales with minor automotive repair, body shop with paint booth, and state inspection. The site is currently zoned Light Industrial (LI) District and is generally located south of Main Street between 15th Street and 16th Street. This property is located in the Central Business District Three (CBD-3) Overlay District. On December 9, 2009, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0, but the only component they approved was the used car sales. Mr. Lasher recommended that Council approve the case as recommended

16 by the Planning and Zoning Commission. He said there are a lot of non-conforming conditions on this site, for example the non-paved areas. Council Member Shotwell said this case had been dragging on since December The lot has been a used car lot for many years, but it is not very clean. He said he did not like to act on a case when the applicant is not present. Council Member Shotwell moved, seconded by Deputy Mayor Pro Tem Jackson, to close the public hearing and approve Case SU as recommended by the Planning and Zoning Commission for a used car lot only. Ayes: Council Members Giessner, Hepworth, Shotwell, Swafford, Thorn, Deputy Mayor Pro Tem Jackson, Mayor Pro Tem Jensen and Mayor England Nays: None The motion carried unanimously. E.0 Items for Individual Consideration There were no individual items. F.1 Citizen Comments There were no citizen comments. F.2 Adjournment Deputy Mayor Pro Tem Jackson asked City Manager Tom Hart to speak about the actions of city employees during the recent snowstorm. Mr. Hart complimented city staff who were inundated during the unprecedented snow. The city street crews were overwhelmed and the police department, fire department and public works department worked many hours through the night. The meeting was adjourned at 7:12 p.m. THE FOREGOING MINUTES WERE OFFICIALLY APPROVED BY THE CITY COUNCIL ON MARCH 2, Catherine E. DiMaggio, City Secretary

17 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.2 Panel Replacement Change Order 11 - Arkansas Lane and Warrior Trail Paving Project a. Consider approval of Change Order No. 11 with Mario Sinacola & Sons Excavation, Inc. in the net amount of $192,476 for various modifications and improvements to the Arkansas Lane and Warrior Trail Paving, Drainage and Utility Improvements project; and b. Consider adoption of an ordinance amending the FY 2009/2010 Capital Improvement Projects Budget PRESENTER: Romin Khavari, City Engineer, and Ron McCuller, Director of Public Works RECOMMENDED ACTION: a. Approve Change Order No. 11 with Mario Sinacola & Sons Excavation, Inc. in the net amount of $192,476 for various modifications and improvements to the Arkansas Lane and Warrior Trail Paving, Drainage and Utility Improvements project and b. Adopt an ordinance amending the FY 2009/2010 Capital Improvement Projects Budget ANALYSIS: On June 3, 2008, the City Council awarded construction contract for Arkansas Lane and Warrior Trail Paving, Drainage and Utility Improvements in the amount of $6,011, to Mario Sinacola & Sons Excavating, Inc. The current Change Order No. 11 is for the installation of an irrigation system within the South parkway of Arkansas Lane from Fall Street to the eastern property line of Remynse Elementary School. Change order No. 11 also provides for additional concrete pavement removal and replacement due to a break in an existing 24 water transmission line in the vicinity of Remynse Elementary School. The extent of the pavement removal and replacement will consist of both east bound lanes beginning on the west side of the intersection of Fall Lane and extend east approximately 500 feet. Change Order No. 1 was based on comments received from TxDOT for the Arkansas Lane and Warrior Trail modifications have to be made to the Traffic Control and Standard Paving Section to be constructed within the TxDOT Right of Way. Additionally, upon review and approval from Oncor Electric Delivery, it was determined that the modifications for the Construction of Underground Facilities for the relocation of Overhead Electric Lines, would need to be made to

18 design plans for the duct work. Finally, due to existing utilities located within the City Right of Way at the intersections of SH 161 and Arkansas Lane and Carrier Parkway at Arkansas Lane required the modification of proposed storm drain lines at these conflict locations. Change Order No. 2 required an intersection design change at the Northeast corner of the intersection of Arkansas Lane and Carrier Parkway. This required changing the radius at the Northeast corner of the intersection from 75 feet to 55 feet to avoid relocating existing traffic control devices on this corner. The result was a net decrease of reinforced concrete pavement, curb and gutter and sub-base to be installed at this location. Change Order No. 2 also required the modification of proposed storm drain pipe at the Southeast corner of Arkansas Lane and SH 161 north bound frontage road. This storm drain modification required the installation of 2-24 reinforced concrete pipes instead of one 36 concrete pipe in order to bypass existing Franchise Utilities in the area. Finally, Change Order No. 2 required the allocation of a landscaping allowance for repairs to an irrigation system installed adjacent to Arkansas Lane behind the Trammel Crow warehouse located on Pioneer Parkway. Change Order No. 3 was requested by Manhattan Construction to accommodate the revised plans for the necessary Police Facility electric requirements at Central Park. It provided for the installation of 510 linear feet of 6 sets of 6 electrical duct bank along Arkansas Lane adjacent to the proposed Police facility within the Central Park. Under the current contract with Mario Sinacola & Sons Excavating, Inc., 4 sets of 6 electrical duct bank were installed to relocate existing overhead electrical lines to under ground conduit. It was determined that the 4 sets of 6 conduit was not sufficient to deliver the required power to the Police Facility in Central Park and that a portion of this underground conduit would need to be increased to 6 sets of 6 conduit in order to meet the power requirements of the Police Facility. Change order No. 4 was requested by Mario Sinacola and Sons for the addition of two (2) Extra Depth 4-foot diameter Type B Storm Sewer Manholes. These manholes were called for on the construction plan sheets, but were not reflected in the quantity list to be constructed in the Bid Book. These two Storm Sewer Manholes were constructed in the field and a bill was submitted for payment of services. It was at this time that a correction to the Bid quantity was noticed. Change Order No. 5 was requested for five different aspects of construction along Arkansas Lane and Warrior Trail. The first of these is the addition of Temporary Asphalt Paving along Arkansas Lane. This Temporary Asphalt Paving facilitated construction of Arkansas Lane and provided the residents of Forum Terrace Phase 2 access to Arkansas Lane while the road section is being improved and widened. The second aspect of construction was for the installation of a deceleration and left turn lane along Arkansas Lane between Typhon Lane and S.H. 161 South Bound Frontage Road. This deceleration and left turn lane will service the Calwest Warehouse which has frontage along Pioneer Parkway. A developer s agreement was established between the City of Grand Prairie and Calwest and was executed at the time of Change Order No. 5. The third aspect of construction called for the relocation of a storm sewer curb inlet along Arkansas Lane. The fourth aspect of construction required alignment modifications to be made for a proposed 4-foot wide reinforced concrete sidewalk located at the south east corner of Arkansas Lane and Robinson Road. The final aspect requested under Amendment/Change Order #5 was

19 for the extension of a reinforced concrete median along Warrior Trail from SH 161 North Bound Frontage Road to Field Crest Drive. The extension of this median addressed safety concerns by the Transportation Engineering Department and provides a dedicated left turn lane from Warrior Trail onto Fieldcrest Drive. Change Order No. 6 was requested by Mario Sinacola for the installation Oncor Electrical subsurface secondary/services boxes for street light conduit along Arkansas Lane and Warrior Trail in order to split electrical power to overhead light poles located on both the north and south sides of the streets. Change Order No. 6 also included the modification of quantities of stamped patterned integral colored concrete to be constructed at the intersections of Esplanade at Arkansas Lane and Warrior Trail as well as the intersection of Water Wood and Arkansas Lane and associated medians. Change Order No. 7 was requested by Mario Sinacola for the installation of a sidewalk and one barrier free ramp along the northern side of Arkansas Lane from Ozark Drive to Water Wood Drive. Change order No. 7 also relocated the alignment of the sidewalk along Arkansas Lane from SH 161 to Robinson Road. Change Order No. 7 finalized the locations of stamped patterned concrete and color schemes to be located along Arkansas Lane and Warrior Trail. Change Order No. 7 was also for the installation of the concrete driveway approach and relocation of an overhead light pole pedestal along Warrior Trail east of SH 161 servicing the Smith property. Change order No. 7 provided for a small landscape retaining wall at the southwest corner of Arkansas Lane and Warrior Trail. Finally, Change Order No. 7 modified proposed roadway striping and signage along Arkansas Lane from Fall Street to SH 161. Change Order No. 8 was requested by Mario Sinacola for the exchange of stamped colored concrete for integral colored concrete at the intersections of Waterwood Drive and Esplanade Drive with Arkansas Lane. The removal of the stamped pattern from these two areas was deemed necessary to reduce noise at these two locations. Change Order No. 9 was requested by Mario Sinacola for the installation of a driveway section, the relocation of an air release valve, and the adjustment of a traffic signal control box all of which were along Arkansas Lane. Change Order No. 10 was primarily for the installation of Reinforced Concrete Sidewalks extending from Fall Street to the Central Park Project along Arkansas Lane. The request for this sidewalk installation was from the Transportation Department to provide pedestrian access from the existing residential neighborhood and the elementary school to connect to the sidewalk at Central Park. Change Order No. 10 also provided for the installation of a small section of Reinforced Concrete Retaining wall along the south section of Arkansas Lane near Fall Street, and a local area drain at the intersection of Arkansas Lane and Ozark Drive. Additionally, Change Order No. 10 provided for the installation of three irrigation systems, two of which will be located in the parkway adjacent to the Brookfield North Subdivision (South side of Arkansas Lane both east and west of Robinson Road) and the third located in the parkway adjacent to the southern edge of Berkshire Park Subdivision (Northeast corner of Arkansas Lane and Robinson Road). Finally, Change Order #10 provided for additional Bermuda Grass Block Sod to cover temporary construction easements located along Warrior Trail both east and west of SH 161.

20 Staff is recommending that Change Order #11 for this project be awarded in the net amount of $192,476 for the revised total contract amount of $6,550,515. FINANCIAL CONSIDERATION: State statutes require City Council approval of a change order when the cumulative cost of this change order exceeds $25,000. With approval of this change order, the City Manager will be able to approve the change order to a cumulative value of $25,000 without additional Council approval. Also, the City, as an owner, reserves the right to increase the amount of the work to be performed in a given construction contract by an amount not to exceed twenty-five (25%) percent of the original bid. The original amount of this contract is $6,011,882 which would allow increases of up to $1,502,971. With this change order, the total increase in the contract price will be only $538,633. Contingency Increase Decrease Net Balance Starting $300,594 Change Order 1 $108,714 $32,696 $76,018 $224,576 Change Order 2 $4,180 $9,453 ($5,273) $229,849 Change Order 3 $68,474 $31,171 $37,303 $192,546 Change Order 4 $14,700 - $14,700 $177,846 Change Order 5 $96,378 $9,686 $86,692 $91,154 Change Order 6 $15,605 $3,718 $11,887 $79,267 Change Order 7 $103,464 $81,321 $22,143 $57,124 Change Order 8 $178,080 $188,160 ($10,080) $67,204 Change Order 9 $7,310 $288 $7,022 $60,181 Change Order 10 $107,995 $2,250 $105,745 ($45,564) Additional requested from $45,564 project for C/O 10 Change Order 11 $192,476 $0 $192,476 ($192,476) Additional requested from (WTR) $180,904 Additional requested from (Strt) in Project $11,572 Totals $897,376 $358,743 $538,633 $0 Funding in the amount of $192,476 is available as follows: 1. $180,904 is available by approving an ordinance transferring and appropriating from the unobligated fund balance in the Water Capital Projects Fund (500592), WO # (Arkansas). 2. $11,572 is available in Street Capital Project Fund (400192), WO# (Arkansas) Attachments: 1. Fiscal Impact Forms (Capital Budget)

21 2. Ordinance CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Planning and Project Title: Arkansas Department: Development Project Manager Romin Khavari Vendor No/Name Mario Sinacola Expenditure Amount: $180,904 Vendor No/Name C08138 V3848 Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design $0 R.O.W. $0 Construction $180,904 $180,904 Capital Outlay $0 Contingency $0 $0 $0 TOTAL $0 $180,904 $0 $180,904 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $0 Current Approp. $180, Unobligated Fund Balance Remaining Approp. $0 TOTAL PROJECT ESTIMATE $180,904

22

23 CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Planning and Project Title: Arkansas Department: Development Project Manager Romin Khavari Vendor No/Name Mario Sinacola Expenditure Amount: $11,572 Vendor No/Name C08138 V3848 Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design $773,416 $773,416 R.O.W $135,745 $135,745 Construction $3,530,249 $11,572 $3,541,821 Landscaping $121,427 ($11,572) $109,855 Contingency $304,165 $304,165 Prof Servs $22,000 $22,000 Equip $28,450 $28,450 TOTAL $4,915,452 $0 $0 $4,915,452 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $4,915,452 Current Approp. $ Unobligated Fund Balance Remaining Approp. $0 TOTAL PROJECT ESTIMATE $4,915,452

24 ORDINANCE NO. AN ORDINANCE AMENDING THE FY 2009/2010 CAPITAL IMPROVEMENTS PROJECT BUDGET BY TRANSFERRING AND APPROPRIATING $180,904 FROM THE UNOBLIGATED FUND BALANCE IN THE WATER CAPITAL PROJECT FUND (500592) TO WO # (ARKANSAS) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: SECTION 1. THAT THE FY 2009/2010 Capital Improvements Project Budget be amended by transferring and appropriating $180,904 from the unobligated fund balance in the Water Capital Project Fund (500592) to WO # (Arkansas). PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, MARCH 2, ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney

25 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.3 Neighborhood Stabilization Programs Consider an ordinance approving the expenditure of $500,000 for the purchase of 6-8 homes as part of the NSP 4-GOV program PRESENTER: William A. Hills, Director, Housing and Neighborhood Services RECOMMENDED ACTION: Adopt an ordinance authorizing the expenditure of $500,000 for the purchase of 6-8 homes as part of the NSP 4-GOV program. ANALYSIS: On June 2, 2009 the City Council approved the expenditure of $765,000 for the purchase of foreclosed homes as part of the 4-GOV component of the Neighborhood Stabilization Grant (NSP). The grant provides funding for the development of programs designed to stabilize the growing number of foreclosures affecting the stability of property values in our community. Since that time, ten (10) properties have been purchased with the rehabilitation completed or near completion on all of them. Additionally, seven (7) of these properties have been sold. We are requesting the City Council approve the expenditure of $500,000 for the purchase of 6-8 foreclosed homes as part of the 4-GOV Acquisition and Resale Program; and authorize the City Manager or their designee to enter into the associated contracts and agreements. FINANCIAL CONSIDERATION: The requested $500,000 is available through the funding provided by HUD for this program through the letter of credit issued on May 5, Attachments: 1. Ordinance

26 ORDINANCE NO. AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AUTHORIZING THE EXPENDITURE OF $500,000 FOR THE PURCHASE OF 6-8 FORECLOSED HOMES AS PART OF THE 4-GOV ACQUISITION AND RESALE PROGRAM WHEREAS, the City Council authorized the acceptance of the Neighborhood Stabilization Grant; and WHEREAS, the grant provides funding for the development of programs designed to stabilize property values in Grand Prairie: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: SECTION 1. Authorizes the expenditure of $500,000 for the purchase of 6-8 foreclosed homes as part of the 4-GOV Acquisition and Resale Program; and SECTION 2. authorizes the City Manager or his designee to enter into the associated contracts and agreements. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 2 ND DAY OF MARCH, ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney

27 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.4 Housing Choice Voucher (Section 8) Budget Funding Year 2010 Consider an ordinance adopting the Housing Choice Voucher Budget Funding Year 2010 PRESENTER: William A. Hills, Director, Housing and Neighborhood Services RECOMMENDED ACTION: Adopt an ordinance adopting the Housing Choice Voucher (Section 8) Fund operating budget for ANALYSIS: The Section 8 Program was enacted as part of the Housing and Community Development Act of The Department of Housing and Urban Development (HUD) requires all agencies who administer a Section 8 Program adopt an operating budget at the beginning of their designated fiscal year. The 2010 Section 8 budget is a 12-month budget beginning January, 2010 and ending December, The 2010 Section 8 budget consists of Program Administrative fees, special grant awards and Housing Assistance Payments (HAP). Exhibit A FINANCIAL CONSIDERATION: None Attachment 1: Ordinance Attachment 2: Exhibit 1

28 ORDINANCE NO. AN ORDINANCE APPROVING THE HOUSING CHOICE VOUCHER (SECTION 8) FUND OPERATING BUDGET FOR 2010 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: SECTION 1. That the City Council of the City of Grand Prairie approves the Housing Choice Voucher Fund operating budget as delineated in the document attached hereto (Exhibit A) and incorporates same as if it were written herein. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 2 ND OF MARCH, ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney

29 Exhibit 1 Department: Housing & Neighborhood Services Exhibit A Budget Expenditures CY 10 VOUCHER Personnel Services 1,716,822 Supplies 53,684 Services/Transfers/Contingency 544,140 Capital Outlay Reimbursements from Gen. Fund 0 Total Adm 2,314,646 Total Appropriations 2,314,646 Budget Revenues CY 10 VOUCHER HSNG ENF. DVP OTHER Admin 1,831,114 56,000 Apartment Inspections 208,858 Motel/Hotel Inspections 17,731 Willow Tree/Cotton Creek 53,948 Fraud Repayment 52,159 Interest Earned 94,836 1,831, ,589 56, ,943 Total Admn Appropriations 2,314,646 Total HAP Appropriations 19,047,893 Total Acct Budget Appropriations 21,362,539

30 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.5 Amendments to the Rules for Collection of Hotel Occupancy Tax Consider an ordinance amending the Code of Ordinances, Chapter 24, Taxation, Section 24-34, Rules and Regulations; Access to Records regarding reporting and collection of hotel occupancy tax PRESENTER: Steve Alcorn, Assistant City Attorney RECOMMENDED ACTION: Make amendments to Section of the City Code of Ordinances to allow the Management Services Director, in addition to reviewing reports from the hotels concerning occupancy tax, to estimate a tax if reports are not timely or correctly filed, and to file an affidavit of unpaid taxes in the County real property records. In addition, the Council would declare unpaid hotel occupancy taxes to be a superior lien on property of the motel to the extent allowed by law. ANALYSIS: Generally, owners or managers of hotel/motels file a report and pay the taxes authorized by law in a regular manner. The City may review the reports and take action to collect the taxes, including filing a suit, but this is an additional remedy that some cities use to facilitate the collection of the taxes. It serves as an additional notice to the owner that the taxes are unpaid, and also gives notice to others, which would keep the City in a priority position for those unpaid taxes. FINANCIAL CONSIDERATION: This should not cost the City anything other than filing fees, which are negligible in light of the amount of taxes that are owed when such notices are filed. If it is successful, it will save litigation costs and fees, which are not always collected if litigation is filed. Attachments: 1. Ordinance

31 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS, CHAPTER 24, TAXATION, ARTICLE III, HOTEL OCCUPANCY TAX, SECTION 24-34, RULES AND REGULATIONS, ACCESS TO RECORDS, BY ADDING PROVISIONS AUTHORISING A CITY OFFICER TO ESTIMATE TAXES AND FILE AN AFFIDAVIT OF UNPAID TAXES; DECLARING UNPAID HOTEL TAXES TO BE A PRIOR AND SUPERIOR LIEN UPON PROPERTY OF THE HOTEL/MOTEL; CHANGING THE CAPTION TO REFLECT THE NEW PROVISIONS; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: THAT Chapter 24, Taxation, Article III, Hotel Occupancy Tax, Section 24-34, Rules and Regulations, access to records, of The Code of Ordinances, City of Grand Prairie, Texas, be and is hereby amended as follows (proposed additions of text are referenced in bold italics) Sec Rules and regulations; access to records, estimating taxes and filing affidavit; priority of unpaid hotel taxes. (a) The person designated by the City Manager to act as the assessor-collector shall have the power to make any rules and regulations necessary to effectively collect the tax levied by this article, and authorized by the various applicable state statutes, and shall, upon giving reasonable notice, have access to all books and records necessary to enable the officer to determine the correctness of any report filed as required by this article and the amount of taxes due under the provisions of this article. All books and records shall be made available to the assessor-collector at the hotel premises. (b) If the operator of any Hotel shall fail to file a report for any period as required by this article, or shall fail the pay the tax for any period as required by this article, then the Tax Assessor/Collector is hereby authorized to make an assessment of the tax for such period, either based on past history, any review of the records of the hotel, or other reasonable basis. All appropriate penalties and interest may be added to such assessed taxes. The rights and remedies of the taxing authority asserted in this section may be in addition to any criminal prosecution or civil action taken to collect such taxes.

32 (c) Once assessed, these taxes, together with any penalties provided by statute or other ordinances of the City, shall be a prior and superior lien on all property of the motel, to the extent permitted by law. (d) The assessor/collector, after making an assessment, if such taxes are not paid, may file an Affidavit of Unpaid Taxes, or a similar document, with the appropriate County Clerk, which shall give notice that such taxes are due, and that they remain unpaid. Sec Violation constitutes misdemeanor. A person is guilty of a Class C misdemeanor if the person fails to collect the tax, file the report, pay the tax, or make all books and records accessible to the assessor-collector at the hotel premises as required by this article, or if the person files a false report. II THAT this ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Grand Prairie, Texas, and this ordinance shall not operate to repeal or affect any other ordinance except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. III THAT if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof. IV THAT all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties. V THAT this ordinance shall be in full force and effect from and after its passage, approval, and publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 2 nd DAY OF MARCH, APPROVED: Mayor