B.1 Minutes of the January 19, 2010 Briefing and Regular Session Consider the Minutes of the January 19, 2010 Briefing and Regular Session

Transcription

1 City of Grand Prairie City Council Regular Meeting Agenda City Hall Plaza 317 West College Street Grand Prairie, Texas Tuesday, February 2, :30 P.M. A.1 Call To Order Invocation: Associate Minister Troy Singleton, Turnpike Church of Christ Pledge of Allegiance to US Flag and to the Texas Flag led by Council Member Greg Giessner A.2 Presentations a. Recognition of Gueishan, Taiwan Educators - Presented by Council Member Dick Fregoe b. Employee of the Month - Angie Phillips, Housing and Neighborhood Services Department B.0 Consent Agenda B.1 Minutes of the January 19, 2010 Briefing and Regular Session Consider the Minutes of the January 19, 2010 Briefing and Regular Session B.2 Construction Contract for Nadine Lane Storm Drain Installation with Water and Wastewater main Replacements. a. Consider a construction contract for Nadine Lane Storm Drain Installation with Water and Wastewater main Replacements, with Tri Tech Construction, Inc. for the base bid amount of $761,888 and authorize a 5% contingency of $38,095, plus $60,951 for materials, testing, and engineering, for a total project cost of $860,934, and; b. Consider an ordinance amending the FY 2009/2010 Capital Improvements Project Budget B.3 SCADA Maintenance and Repairs Consider authorizing an annual contract in the amount of $50,510 to Prime Controls to maintain the Supervisory Control and Data Acquisition (SCADA) System at the Water Utilities Control Center and authorize future renewals B.4 Application for TEIP Grant from the Texas Water Development Board Consider a resolution requesting grant funding under the Texas Water Development Board TEIP Program in the amount of $9,760,200 for a Water Pump Station, Storage Reservoir and Water Transmission Line for the South Sector B.5 Fifteenth -Year Grant Funding for the Police Department's Victim Assistance Program Consider a resolution supporting the fifteenth-year continuation of the Victim Assistance Program grant in the amount of $80,000.

2 B.6 Texas Military Surplus Program Consider a resolution authorizing the City Manager to execute an application/agreement with the Texas 1033 Military Surplus Property and Procurement Program. B.7 Interlocal Agreement with the Dallas District Attorney Consider authorizing the City Manager to enter into an Interlocal Agreement with the Dallas County District Attorney regarding the disposition of forfeited contraband seized pursuant to Chapter 59 of the Texas Code of Criminal Procedure. B.8 Allocation of Federal Seizure Funds Consider authorizing the allocation of $15,000 from the Federal Seizure Fund (285110) to purchase computer equipment and replacement rifles, scopes and related equipment for the Police Department. B.9 Purchase of a Public Safety 911 and Radio Recording System Consider purchase of a Public Safety 911 and Radio Recording System from Vista Com in the amount of $103,880 B.10 Issuance of General Obligation Improvement Bonds and Certificates of Obligation a. Consider authorizing the issuance of General Obligation Improvement Bonds, Series 2010 in the principal amount of $5,480,000 and authorizing the issuance of Combination Tax and Revenue Certificates of Obligation, Series 2010, in the principal amount of $1,945,000, and; b. Consider an ordinance amending the FY 2009/2010 Capital Improvement Projects Budget. B.11 Repair of Marshall Bridge over Cottonwood Creek Consider awarding low bid for the repair of Marshall Bridge over Cottonwood Creek to Ed A Wilson, Inc, in the amount of $169,900 and authorize a 5% contingency of $8,495 B.12 American Recovery and Reinvestment Act (ARRA) Agreement for Traffic Signal Synchronization Consider a resolution authorizing the City Manager to enter into an agreement with Texas Comptroller of Public Accounts for ARRA Stimulus funds for Traffic Signal Synchronization. B Tarrant County HFC Single Family Bond Program Consider a resolution granting approval for the Tarrant County Housing Finance Corporation to use the proceeds of its series 2010 and 2011 single family mortgage revenue bonds to finance home mortgages for single family homes located within Tarrant County in the City of Grand Prairie. B.14 Lake Ridge Embankment Repairs

3 Consider award of a construction contract for Lake Ridge embankment repairs for Base Bid Alternative B to Soil Nail Launcher in the amount of $2,610,700, plus 5% contingency of $130,535, and $128,321 for in-house engineering and material testing. B.15 Order of City Election for May 8, 2010 Consider an ordinance ordering the City Election for May 8, 2010 to elect Mayor; Council Member, District 2; and Council Member, District 4, for three-year terms C.0 Public Hearing Consent Agenda There are no public 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 Juvenile Curfew Ordinance - Public Hearing a. Hold a public hearing to receive citizen input regarding the renewal of the City's Juvenile Curfew Ordinance. b. Consider an ordinance renewing the City's Juvenile Curfew. E.2 Public Hearing and Consideration of a Municipal Setting Designation Ordinance for 902 Fountain Parkway a. Conduct a Public Hearing for a municipal setting designation for 902 Fountain Parkway; and b. Consider applicants' request for adoption of an ordinance approving a municipal setting designation for 902 Fountain Parkway E.3 Right-of-Way Acquisition - Lake Ridge Parkway Extension Consider authorizing the acquisition of right-of-way and easements from Mary Elizabeth Martin and Sylvia Marie Baca in the amount of $536,471 for the Lake Ridge Parkway Extension Project. E.4 Right-of-Way Acquisition - Lake Ridge Parkway Extension Consider authorizing the acquisition of right-of-way and an easement from Danny T. Cessop in the amount of $118, for the Lake Ridge Parkway Extension Project. E.5 Board and Commission Appointments Consider appointing Greg Cashman (with a term to expire July 31, 2011) and Warren Landrum, Jr. (with a term to expire July 31, 2012) to the Keep Grand Prairie Beautiful Commission 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.

4 F.2 Adjournment

5 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. A.1 Call To Order Invocation: Associate Minister Troy Singleton, Turnpike Church of Christ Pledge of Allegiance to US Flag and to the Texas Flag led by Council Member Greg Giessner

6 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. A.2 Presentations a. Recognition of Gueishan, Taiwan Educators - Presented by Council Member Dick Fregoe b. Employee of the Month - Angie Phillips, Housing and Neighborhood Services Department EXPLANATION: Employee of the Month Angie Phillips, Housing and Neighborhood Services Ms. Phillips was nominated by a co-worker who stated in the nomination: Mrs. Phillips is full of spirit and shows pride in her work. She is courteous, friendly, dependable, reliable and provides professional service to her coworkers and to the public... she is a much needed asset to our department... Nomination submitted by Roger Lopez In a letter to the Housing Department, Ray Rosales thanked Ms. Phillips for going above and beyond the call...

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

8 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.1 Minutes of the January 19, 2010 Briefing and Regular Session Consider the Minutes of the January 19, 2010 Briefing and Regular Session PRESENTER: Cathy DiMaggio, City Secretary RECOMMENDED ACTION: Approve the Minutes of the January 19, 2010 Briefing and Regular Session Attachments: 1. Minutes of the January 19, 2010 Briefing Session 2. Minutes of the January 19, 2010 Regular Session

9 CITY COUNCIL BRIEFING SESSION CITY OF GRAND PRAIRIE JANUARY 19, 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 January 19, 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 Richard Fregoe, Council Member Greg Giessner, Council Member Mark Hepworth, Council Member Tony Shotwell, Council Member Jim Swafford, Council Member Bill Thorn, Council Member With a quorum present, Mayor England called the meeting to order 4:48 p.m. in accordance with the official agenda posted January 15, A.1 Parks and Recreation End of the Year Report Rick Herold, Director of Parks and Recreation, presented a copy of the 2009 year end report for the Parks and Recreation Department to Council Members. Mr. Herold thanked the City Council for their support and the citizens of Grand Prairie for their support through the sales tax dedicated to parks. A.2 Water Bill Collections and Delinquencies Update Doug Cuny, Utility Customer Service Manager, made a presentation to Council on water bill collections and delinquencies. City Manager Tom Hart stated he asked for this presentation because he is looking at trends toward foreclosures. Council Member Swafford asked Mr. Cuny to bring the procedure for debt collection and charge-offs for review by the Finance and Government Committee since the once a year charge-off may be overstating receivables. A.3 Introduction to 2010 Comprehensive Plan Update Mary Elliott, Senior Planner, stated that the Planning staff had met with most departments to see what needed to be updated in their departments with regard to the plan (demographics, economic indicators, etc.). Ms. Elliott said she would be bringing this information before Council and will put a survey on line and in the Pipeline to get input from as many people as possible. Information will also be gathered from community meetings, boards, non-profits, etc. Staff will also review and refine current goals and look at objectives that have and have not been met from the current plan. Deputy Mayor Pro Tem Jackson asked that presentations be made to the

10 Council Development Committee, Public Safety Health and Environmental Committee and the Finance and Government Committee. A.4 Update on Electric Energy Prices This presentation was postponed. A.5 Water Purchase Contract and Water Transmission Line Construction Agreement with the City of Mansfield Ron McCuller, Public Works Director, gave background information on provision of water and sewer service to the city s ETJ and southern sector. He said there are three contracts on the Regular Session Agenda: 1) building a water line in Mansfield down Matlock Road with shared funding from Mansfield, to be owned and operated by Mansfield (applying for a 2% loan for this project); 2) construction agreement with Mansfield for shared funding (city 57%); 3) contract with Johnson County SUD to supply water to area until line is in place. The price of water to Mansfield will be based on a water rate study to be done annually. Agenda Review Mayor Pro Tem Jensen asked to remove Item B.5 (Right-of-Way and Easement Acquisitions Lake Ridge Parkway Extension Project) from the Consent Agenda because of a conflict of interest on his part. Mr. Jensen also asked to remove item B.16 (Sale of Surplus Property to Strata Holding Company) to vote on individually. Mr. Jensen said he had some concern after the January 5, 2010, and subsequently had spoken with City Attorney Don Postell and Rhonda Vaughn, Strata Holding Company. He said he came to the conclusion that the city assists developers all the time and the city wants this development and Strata is at a critical point to get funding. Council Member Swafford asked if there was a staff recommendation to do a 50/50 mineral split. Bill Crolley, Planning Director, said it was discussed at the last Council meeting that the RFP stated the city would keep all minerals, but Strata requested in their proposal to split the minerals as negotiated. The 50/50 split was a number discussed at the last Council meeting. Council Member Swafford said since it was included in the RFP that mineral rights were not included, we may have gotten more money if we had given a 50/50 split in the RFP. Mr. Postell said we asked for a proposal back, not necessarily the highest bid. He said Strata proposed the 50/50 split of mineral rights; the other bidder did not propose minerals and wanted to put a non-profit campground on the site. The overall package is what staff is recommending. Mr. Swafford stated staff negotiated the bid after bids were received and he felt that was unfair. Mr. Postell said either bidder could have come back in their proposal with the mineral request. Mayor England stated he did not feel that a campground was the best use of one of the best undeveloped areas in the city. He said Strata is at a point where they need this land and mineral rights for funding. Mayor England said that the 50% minerals on these four acres is not important when considering what this development will do for the city.

11 Council Member Hepworth said he met with Ms. Vaughn, Strata Development, and he said he is excited they will be developing this area. However, he was bothered by the fact that the mineral rights were not in the RFP. He said he thought the city may have received higher bids if they had been included. In addition, he felt this would be establishing a precedent for selling land and giving away mineral rights and there was no guarantee this land will be developed. Council Member Shotwell asked for a copy of the RFP because he would like to see how staff graded the proposals. Mr. Crolley said he would see if he could get the grading sheet. He suggested that Council may need to put a timeframe for development in order for Strata to retain mineral rights. Council Member Thorn said he had looked at this property and Strata had worked for years to get this property together. He said he agreed to the 50/50 split and the stipulation that if something does not happen in a certain time, the mineral rights would revert back to the city. Mr. Shotwell congratulated the Economic Development staff for their handling of the Main Street façade with the downtown merchants (ref: B.10 Reserve Funds for Main Street Façade program). Deputy Mayor Pro Tem thanked the Union Pacific Railroad for their $5,000 donation for the downtown area. Mayor England asked Jim Sparks, Transportation Director, about the agreement for SH161 with Union Pacific. Mr. Sparks said TXDOT and NTTA lawyers have gotten the agreement to where UP should pass it. He said NTTA and TXDOT had a meeting last week and they expect the agreement for NTTA to take SH161 and the UP agreement to go to the NTTA board in February and to start construction March 1. Council Member Swafford went over the construction report for the Public Safety Building and The Summit. He said both projects are on target and the dedication for both facilities will be May 15. Executive Session There was no executive session. Recess The Briefing Session was recessed at 5:48 p.m. THE FOREGOING MINUTES WERE OFFICIALLY APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, AT THEIR REGULAR MEETING ON FEBRUARY 2, Catherine E. DiMaggio, City Secretary

12 CITY OF GRAND PRAIRIE CITY COUNCIL REGULAR SESSION JANUARY 19, 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 January 19, 2010, with the following members present: Charles England, Mayor Ron Jensen, Mayor Pro Tem Ruthe Jackson, Deputy Mayor Pro Tem Richard Fregoe, Council Member Greg Giessner, Council Member Mark Hepworth, Council Member Tony Shotwell, Council Member Jim Swafford, Council Member Bill Thorn, Council Member A.1 Call to Order Mayor England called the meeting to order at 6:42 p.m. Pastor J.D. Stewart, Westridge Baptist Church, gave the invocation. Council Member Jim Swafford led the Pledge of Allegiance to the U.S. Flag and to the Texas Flag. A.2 Presentations Recognition of Santa Cop and Santa Spot Police Chief Glen Hill stated that many believe these two programs are only a Christmas program, but they provide support throughout the year. Chief Hill said the economy is taking a toll on many families and the need has been great. The program served 455 families, 21 adults, 1381 children, and two senior citizens. B.0 Consent Agenda Deputy Mayor Pro Tem Jackson moved, seconded by Council Member Fregoe, to approve Items B.1 through B.4, remove B.5 for individual consideration, approve B.6 through B.15, remove Item B.16 for individual consideration, and approve Item B.17 on the Consent Agenda. Ayes: Council Members Fregoe, 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:

13 B.1 Minutes of the January 5, 2010 Briefing and Regular Session Approve the Minutes of the January 5, 2010 Briefing and Regular Session B.2 Purchase of Opticom Equipment Authorize the purchase of Opticom Equipment through HGAC Cooperative Program as funding allows through April 30, 2011, with an annual estimated amount of $56,000 B.3 Water Purchase Contract, Water Transmission Line Construction Agreement, and Resale Contract Approve a wholesale water purchase agreement and joint water transmission line agreement with Mansfield to provide water for portions of the South Sector and a contract with Johnson County Special Utility District for a Water Resale and CCN Transfer B.4 Purchase of Four (4) Vehicles for Housing and Neighborhood Services Authorize the purchase of four (4) new vehicles from Baby Jack II Automotive LTD at a total cost of $100,248 for the Housing and Neighborhood Services Department B.6 Change Order No. 10 with Mario Sinacola & Sons Excavating, Inc. - Arkansas Lane and Warrior Trail and SH161 Approve Change Order No. 10 with Mario Sinacola & Sons Excavation, Inc. in the net amount of $105,745 for various modifications and improvements to the Arkansas Lane and Warrior Trail Paving, Drainage and Utility Improvements project B.7 Amendment (Change Order) No. 2 to Lake Ridge Embankment Repairs and 36" Water Line a. Approve ratification and Amendment/Change Order No. 2 to a contract with Freese & Nichols, Inc. in the amount of $203,552, for engineering services related to the embankment repairs along Lake Ridge Parkway at the north bridge crossing Joe Pool Lake; b. Adopt an ordinance amending the FY 2009/2010 Capital Improvements Project Budget B.8 Annual Street Sales Tax Program a. Approve the proposed 2010 Street Maintenance Program as outlined for Grand Prairie Streets, Alleys and Pavement Leveling; and b. Approve utilizing existing approved Price Agreements and Service Contracts B.9 Participation in TexSTAR as an Authorized Investment Approve participation in TexSTAR as an authorized investment

14 B.10 Request Reserve Funds for Main Street Facade Program Adopt an ordinance amending the FY 2009/2010 Capital/Lending Reserve Fund and the Capital Improvement Projects Budget in the amount of $1,000,000 B.11 Establish Speed Limit on SH 161 Frontage Roads Adopt an ordinance amending the Traffic Register to establish speed limits on SH 161 Frontage Roads between IH 20 and Carrier Parkway B.12 Amendment to Municipal Setting Designation Ordinance Adopt an ordinance amending the Code of Ordinances, Chapter 13, "Health and Sanitation," Article XVIII, "Municipal Setting Designation," to alter the notification requirements to be better aligned with the Texas Health and Safety Code requirements. B.13 Price Agreement for Employee Leasing Services Approve a one-year price agreement for Employee Leasing Services from The Bowles Group, Inc. dba Workforce, through an inter-local cooperative agreement with the City of Euless at an estimated annual cost of $696,500, and authorize the City Manager to execute up to two available one-year renewal options. B.14 Price Agreement Contracts for Printing Services a. Approve contracts for miscellaneous printing services to Logan Graphics, Thomas Reprographics, and Alphagraphics for miscellaneous printing services at an annual estimated cost of $150,000; b. Approve contracts for specific printing needs to AC Printing, Bankers Products, and Mastercraft Business Products at an annual estimated cost of $37,000; c. Authorize the City Manager to execute four one-year renewal options. B.15 Financing and Implementation of Energy Conservation Projects a. Approve a loan from the City's Capital/Lending Reserve Fund to finance $1,312,747 of the total energy conservation project cost of $2,755,324; b. Adopt an ordinance amending the FY 2009/2010 Capital/Lending Reserve Fund and the Capital Improvement Projects Budget. B.17 Change Order No. 6 for Lynn Creek Parkway - Mitchell Enterprises, Ltd. Approve Change Order No. 6 to the CMR contract with Mitchell Enterprises in the amount of $22,718 for Fire Station 7/Lake Parks Rescue Facility.

15 ITEMS REMOVED FROM THE CONSENT AGENDA FOR INDIVIDUAL CONSIDERATION B.5 Right-of-Way and Easement Acquisitions - Lake Ridge Parkway Extension Project Mayor Pro Tem Jensen left the Chambers during discussion and vote on this item because of a conflict of interest. Council Member Fregoe moved, seconded by Deputy Mayor Pro Tem Jackson, to adopt a resolution authorizing the acquisition by purchase or eminent domain of right-of-way and easement parcels needed for the Lake Ridge Parkway Extension Project. Ayes: Council Members Fregoe, Giessner, Hepworth, Shotwell, Swafford, Thorn, Deputy Mayor Pro Tem Jackson and Mayor England Nays: None The motion carried unanimously, B.16 Sale of Surplus Property (tabled at the 1/5/2010 meeting) Rhonda Vaughn, 112 N. Center Street, stated that Strata Holding Company was interested in the mineral rights to support development on surface. Ms. Vaughn said when she read the RFP she had two concerns: the mineral rights and the conveyance documents. She said she discussed the proposal with staff and Mr. Postell and she was assured it was an RFP and not a bid, so anyone could propose anything, and it is up to City Council to accept or reject the proposals. Ms. Vaughn said Strata wants to develop the property and they have researched the proper conveyance documents so they will have clear title. She said Strata just did the homework; there was no advantage. Council Member Swafford acknowledged that Strata had done a lot of work putting this property together and he had absolutely no problem conveying the property as outlined in the RFP, but when the RFP is changed, he had a problem. He said the RFP states, The city will reserve all minerals with a surface access waiver. Mr. Swafford said he was against granting sale of the property under these conditions. Council Member Shotwell asked Ms. Vaughn how difficult it would be for Strata to rebid. Ms. Vaughn stated it would be a problem because of trying to gain funding. Mr. Crolley said staff could advertise and give time for proposals and that it would take about 30 days and then it would be brought back on Council for action. The process would take approximately 45 days. Ms. Vaughn said the delay would hurt this deal, but was not sure how badly. Mayor England said there was a big difference between a bid and a proposal. He said there was nothing illegal or unethical about coming in and changing the proposal; everyone had a chance to do this. Mayor England said this development is important to the city and it is totally useless to anyone other than this development.

16 Mayor Pro Tem Jensen moved, seconded by Council Member Thorn, to authorize the sale of approximately four acres of surplus property in the Lakeside Addition near IH 20 and Beltline Road to Grand Prairie Strata Holding Company Ltd. in the amount of $5,000 with 50/50 split in mineral rights, royalties and leasing, with the stipulation that if they have not started development in seven years or can not come back to the Council at that time to show progress, the mineral rights will revert to city. Council Member Hepworth said there was no question this could be a successful development, but there is a question about whether this is a bid or not. Council Member Giessner asked Ms. Vaughn if Strata did not get the 50/50 split on mineral rights if this would stop funding. Ms. Vaughn said she was not sure, but funding is difficult and they have been pressured to get 50/50 mineral split for funding. Deputy Mayor Pro Tem Jackson said it was stated earlier that there was no room for a well on this site, does the stipulation cover the fact that someone next door would have a well. Mr. Postell said if a well is drilled from an adjacent site, the mineral royalties would be shared 50/50. Council Member Fregoe stated it seemed Council was unanimous in their desire to have this property developed. He asked Mr. Postell if the proposed action was legal and ethical. Mr. Postell said the city sent a request for proposal and the responder can propose whatever they want, and the proposed action is legal and ethical. Council Member Swafford congratulated Ms. Vaughn and Strata for working on this project and he supported their efforts, but the one way to solve this dilemma is to re-bid the sale of this property. A vote on the motion was as follows: Ayes: Council Members Fregoe, Giessner, Thorn, Deputy Mayor Pro Tem Jackson, Mayor Pro Tem Jensen and Mayor England Nays: Council Members Hepworth, Shotwell and Swafford The motion carried. C.0 Public Hearing Consent Agenda There were no items on the Public Hearing Consent Agenda D.0 Public Hearing on Zoning Applications D.1 SU060702A - Specific Use Permit E. Main Street (Council District 5) (tabled 1/5/10)

17 Kevin Lasher, Chief City Planner, reviewed a request for approval to amend Specific Use Permit No. 752 to add heavy automotive repair. The site is currently zoned Light Industrial (LI) District and is generally located and the southeast corner of the intersection of Bagdad Road and E. Main Street. This property is located in the Central Business District-Four (CBD-4) Overlay District. On December 9, 2009, the Planning and Zoning Commission recommended approval of this request by a vote of 7-1 with conditions. Mr. Lasher said this is an existing concrete paved site, surrounded by Light Industrial except on the north. He said the Planning and Zoning discussion centered on the building at the rear of the property where the applicant wants to do make ready work on their inventory. The conditions placed on approval by the Planning and Zoning Commission included a probation period of one year and at least three inspections in that year. On January 12, 2010 the Development Committee reviewed an amendment for heavy auto repair. Mr. Lasher said one proposed change in the ordinance was to define used auto dealer; make ready service; minor automotive repair; and engine/major component replacement. These added paragraphs only apply to vehicles sold from the SUP area; all unsold inoperable vehicles shall be stored inside the enclosed repair facility; number of parking spaces designated for the parking of previously sold customer vehicles needing repairs shall not exceed the number of garage bays contained inside the repair facility. Elizabeth Arias, 2401 Main Street, stated she was present to answer questions. Council Member Shotwell said when he visited the premises last week they had a car that did not have a grille. The proposed ordinance stipulates no body work at all (ref: Sec. 2, Item B. 13) which would preclude replacing a grille. He said he would like to allow minor body work and requested this change be made to Section 2, paragraph 13. Mr. Shotwell said he would also like to change Section 3, C.1 to delete the second review after three years. Council Member Shotwell moved, seconded by Mayor Pro Tem Jensen to close the public hearing and approve SU060702A with changes to the ordinance to allow minor body work and to delete the requirement for a second review after three years. Ayes: Council Members Fregoe, 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 items for individual consideration. F.1 Citizen Comments

18 There were no speaker cards submitted for citizen comments. F.2 Adjournment Mayor England stated he and Mr. Hart earlier in the day had attended a funeral for an Arlington police officer who was killed in a motorcycle accident and asked for a moment of silence for this officer. Deputy Mayor Pro Tem Jackson stated the State of the City would be held February 4 and Mayor England would be speaking on what has been happening in the city and an outlook for the future. Mrs. Jackson said the Chamber has a new website ( where those interested could learn about the State of the City. The meeting was adjourned at 7:28 p.m. THE FOREGOING MINUTES WERE OFFICIALLY APPROVED BY THE CITY COUNCIL ON FEBRUARY 2, Catherine E. DiMaggio, City Secretary

19 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.2 Construction Contract for Nadine Lane Storm Drain Installation with Water and Wastewater main Replacements. a. Consider a construction contract for Nadine Lane Storm Drain Installation with Water and Wastewater main Replacements, with Tri Tech Construction, Inc. for the base bid amount of $761,888 and authorize a 5% contingency of $38,095, plus $60,951 for materials, testing, and engineering, for a total project cost of $860,934, and; b. Consider an ordinance amending the FY 2009/2010 Capital Improvements Project Budget PRESENTER: Romin Khavari, City Engineer RECOMMENDED ACTION: a. Award a construction contract with Tri Tech Construction, Inc. for the base bid amount of $761,888 and authorize a 5% contingency of $38,095 for a total of $799,983 for construction of the Nadine Lane Storm Drain Installation with Water and Wastewater Replacements. b. Authorize $60,951 for materials testing and engineering c. Adopt an ordinance amending the FY 2009/2010 Capital Improvements Project Budget ANALYSIS: This project provides for the installation of approximately 2,670 LF of Storm Drain box culvert and pipe with related items associated with Storm Drain installation by open cut; approximately 2,010 LF of Water Main installation and related items associated with Water Main installation by open cut; approximately 1,530 LF of Wastewater Main installation and related items associated with Wastewater Main installation by open cut, and the resurfacing of approximately 5,000 SY of existing Asphalt Pavement. Construction of this project is scheduled to begin Monday March 1, 2010 with projected completion anticipated by November 1, ENVIRONMENTAL ASSESSMENT: Disturbed areas outside the pavement will be furnished with Bermuda and/or St. Augustine grass sod. Erosion control measures will be practiced throughout the construction period.

20 FINANCIAL CONSIDERATION: Nine bids for this project were received on January 19, Tri-Tech Construction, Inc. with a total base bid of $761, The low bidder is Bids Received: 1. Tri-Tech Construction $761, Barson Utilities $834, Gra-Tex Utilities $864, SYB Construction $877, Conatser Construction $987, Burnsco Construction, Inc. $1,077, RKM Utility Services, Inc. $1,430, M-Co Construction $1,154, Atkins Brothers $1,294,417 Multiple funding required for this project is broken down as follows: Storm Water Wastewater Total Tri-Tech Construction $317,019 $224,397 $220,472 $761,888 Contingency $16,000 $11,100 $10,995 $38,095 Eng/Material Testing $25,600 $17,750 $17,601 $60,951 Total $358,619 $253,247 $249,068 $860,934 General Construction has been allocated between the three funding sources. Funding for this project in the $860,934 is available as follows: 1. $253,247 by approving an ordinance transferring and appropriating from the unobligated fund balance in the Water Capital Projects Fund (500592) to WO # (Nadine). 2. $358,619 is available the Storm Drainage Capital Projects Fund (401592) WO # (Nadine). 3. $249,068 is available the Wastewater Capital Projects Fund (500692) WO # (Nadine). Attachments: 1. Fiscal Impact Forms (Capital Budget) 2. Ordinance

21 CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Planning and Project Title: Nadine Department: Development Project Manager Romin Khavari Vendor No/Name Tri Tech Expenditure Amount: $249,068 Vendor No/Name Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design $17,601 $17,601 R.O.W. $0 Construction $460,000 ($28,596) $431,404 Capital Outlay $0 Contingency $10,995 $10,995 $0 $0 TOTAL $460,000 $0 $0 $460,000 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $460,000 Current Approp. $0 Remaining Approp. $0 TOTAL PROJECT ESTIMATE $460,000

22 CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Planning and Project Title: Nadine Department: Development Project Manager Romin Khavari Vendor No/Name Tri Tech Expenditure Amount: $358,619 Vendor No/Name Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design $25,600 $25,600 R.O.W. $0 Construction $832,000 ($41,600) $790,400 Capital Outlay $0 Contingency $16,000 $16,000 $0 $0 TOTAL $832,000 $0 $0 $832,000 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $832,000 Current Approp. $0 Remaining Approp. $0 TOTAL PROJECT ESTIMATE $832,000

23 CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Planning and Project Title: Nadine - Water Department: Development Project Manager Romin Khavari Vendor No/Name Tri Tech Expenditure Amount: $253,247 Vendor No/Name Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design $17,750 $17,750 R.O.W. $0 Construction $224,397 $224,397 Capital Outlay $0 Contingency $11,100 $11,100 $0 $0 TOTAL $0 $253,247 $0 $253,247 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $0 Current Approp. $253, Unobligated Water Capital Projects Fund Remaining Approp. $0 TOTAL PROJECT ESTIMATE $253,247

24 ORDINANCE NO. AN ORDINANCE AMENDING THE FY 2009/2010 CAPITAL IMPROVEMENTS PROJECT BUDGET BY TRANSFERRING AND APPROPRIATING $253,247 FROM WATER CAPITAL PROJECTS UNOBLIGATED FUND BALANCE (500592) to WO # (NADINE) 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 $253,247 from the unobligated fund balance of the Water Capital Projects Fund (500592), WO# (Nadine) PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 2 ND DAY OF FEBRUARY, 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 SCADA Maintenance and Repairs Consider authorizing an annual contract in the amount of $50,510 to Prime Controls to maintain the Supervisory Control and Data Acquisition (SCADA) System at the Water Utilities Control Center and authorize future renewals PRESENTER: Ron McCuller, Public Works Director RECOMMENDED ACTION: Consider awarding an annual price agreement in the amount of $50,510 to Prime Controls, L.P. for purchase, maintenance and repair services of the Supervisory Control and Data System (SCADA) for the City of Grand Prairie Public Works, Water Utilities Division. Also, authorize the City Manager to execute up to four future annual renewals so long as sufficient funding is appropriated by the City Council to satisfy the City s obligation during renewal term and the total cost of price agreement does not increase by twenty-five percent (25%) or more of the original contract. ANALYSIS: Bids were opened on December 9, 2009 for an annual price agreement that will include, but is not limited to, instrumentation maintenance, service upgrades, calibration, troubleshooting, repairs, and additional services on an as needed basis. Service agreement will greatly facilitate SCADA software and equipment maintenance and repairs critical to monitoring water systems, distribution flows and water storage levels. This will significantly impact the constant 24-hour monitoring system and provide for the quick response for water systems failures. FINANCIAL CONSIDERATION: On December 9, 2009, a total of three bids were received in purchasing for the SCADA Maintenance Bid # Bid selection was based on three criteria: reputation, past relations and price utilizing a scoring spreadsheet utilized by the Division for all competitive bids. Two of the contractors, Wheco Electric and Prime Contractors have done previous work for the Division. Prime Contractor received the highest evaluation score based on previous work and price. The lowest bidder, M&L Electronics, which is located out of state, has not previously done work for the City which lowered their total score.

26 Bids received: 1. M&L Electronics $44, Prime Contractors $50, WHECO Electric $103,195 Funding for this price agreement with Prime Controls, L.P. in the amount of $50,510 is available in the FY 2009/2010 Water/Wastewater Operating Fund, Water Well Maintenance ( ). Attachments: 1.Operating Budget Expenditure Information Form

27 CITY OF GRAND PRAIRIE OPERATING BUDGET EXPENDITURE INFORMATION FUND: AGENCY: ACCOUNTING UNIT: AVAILABLE: STAFF CONTACT: VENDOR NUMBER: VENDOR NAME: CONTINGENCY: Water/Wastewater Operating Fund Name of Fund (i.e. General Fund) Public Works/Water Utilities Division Name of Department Water Well Maintenance - $107,000 Account Code, Description, and amount available Andy Waits 4793 Prime Controls, L.P.

28 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.4 Application for TEIP Grant from the Texas Water Development Board Consider a resolution requesting grant funding under the Texas Water Development Board TEIP Program in the amount of $9,760,200 for a Water Pump Station, Storage Reservoir and Water Transmission Line for the South Sector PRESENTER: Ron McCuller, Director of Public Works RECOMMENDED ACTION: Approve a resolution approving the project and committing to meet non-federal cost sharing requirement of 25% of the project costs ($2,440,050). ANALYSIS: The Texas Water Development Board is requesting statement of interest (SOI) for possible grants under the Texas Environmental Infrastructure Program (TEIP). The grant, if approved would provide 75% federal funds with a 25% local funding match. We recommend applying for a grant under this program to provide for additional parts of the South Sector Water System. You will recall that we applied for, and were approved for, a low interest loan (est. at 1.9%) to construction of a water supply line from Mansfield for the South Sector. This requested funding would allow us to make needed extensions further south and build the associated pump station and ground storage tank. The application requires a City Council resolution authorizing the project and committing to meet the non-federal cost share requirements. FINANCIAL CONSIDERATION: The attached resolution will obligate us to appropriate our 25% cost of the project in either direct funding, in-kind services, and/or land acquisition. Attachments: Resolution

29 RESOLUTION NO. A RESOLUTION OF THE CITY OF GRAND PRAIRIE, TEXAS, REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING THE FILING OF AN APPLICATION FOR ASSISTANCE THROUGH THE TEXAS ENVIRONMENTAL INFRASTRUCTURE PROGRAM AND MAILING CERTAIN FINDINGS IN CONNECTION THEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Grand Prairie, Texas (the City ) hereby finds and determines that there is an urgent need for the City to construct a pipeline, storage facility and pump station to supply potable water to an undeveloped are of the City south of Joe Pool Lake, referred to as the South Sector and; WHEREAS, the construction of the water system for the South Sector in an integral component of the City s water management strategy and; WHEREAS, the South Sector Water System is incorporated into the Region C Water Plan and; WHEREAS, the Texas Water Development Board (TWDB) has requested Statement of Interest (SOI) from parties interested in cost participation grants under the Texas Environmental Infrastructure Program (TEIP) and; WHEREAS, Such a grant will accelerate the construction of a water system to supply the undeveloped South Sector of the City, facilitating the development of the area and; WHEREAS, the City of Grand Prairie specifically desires to obtain financial assistance from the Texas Water Development Board through the Texas Environmental Infrastructure Program to assist in the planning, design and construction of the South Sector Water System and; NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS THAT: SECTION 1. A statement of Interest is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance in the amount not to exceed $9,760,200 (nine million seven hundred sixty thousand two hundred dollars). The federal share of the project cost will be seventy-five percent (75%)

30 and the City s matching share will be twenty-five percent (25%) to provide for the costs for the planning, designing and constructing the project. SECTION 2. The City Manager of the City, Tom Hart, is hereby designated the authorized representative of the City for purposes of furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and complying with the rules of the Texas Water Development Board. SECTION 3 The following firms and individuals are hereby authorized and directed to aid and assist in the preparation and submission of such application and appear on behalf of and represent the City before any hearing held by the Texas Water Development Board on such application: City Staff: Ron McCuller Public Works Director City of Grand Prairie P.O. Box Grand Prairie, TX Financial Advisor: Jim Sabonis First Southwest Company 325 N. St. Paul, Suite 800 Dallas, TX Engineer: Thomas Haster Freese & Nichols, Inc International Plaza, Ste. 200 Fort Worth, TX Bond Counsel: Bob Drainsfield SECTION 4 This Resolution shall become effective immediately upon its passage.

31 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 2 ND DAY OF FEBRUARY, ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney

32 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.5 Fifteenth -Year Grant Funding for the Police Department's Victim Assistance Program Consider a resolution supporting the fifteenth-year continuation of the Victim Assistance Program grant in the amount of $80,000. PRESENTER: Chief Glen Hill, Police Department RECOMMENDED ACTION: Adopt a resolution supporting the continuation of the Victim Assistance Program grant beginning September 1, ANALYSIS: The Police Department is applying to the Criminal Justice Division of the Governor s Office (CJD) for a continuation grant for the Victim Assistance Program which consists of one full-time Crime Victim Liaison and one full-time Crisis Intervention Specialist. The Crime Victim Liaison will plan, coordinate, and administer the Victim Assistance Program by recruiting, training, and supervising volunteers and interns; provide personal advocacy for crime victims and their families; plan, implement, and monitor new programs pertaining to victim outreach and court accompaniment interfacing with law enforcement personnel, prosecutors, and others on behalf of the victim; assist victims in securing Crime Victims Compensation benefits; provide community education programs and participate as a member of the Coalition of Crime Victim Services, Law Enforcement Victim Assistance, and Grand Prairie Human Services Coalition. The Crisis Intervention Specialist will provide crisis intervention services to victims of violent crimes, including death notifications, and assist the Crime Victim Liaison in training volunteers and law enforcement personnel; coordinate information between the victim and law enforcement personnel, Attorney General s Office of Crime Victims Compensation, social service agencies including domestic violence shelters and Child Protective Services. FINANCIAL CONSIDERATION: The grant period begins September 1, 2010 and ends August 31, It is anticipated that the total cost for the City during this 12-month period would amount to a cash match of $42,425 and

33 In-Kind contribution of $1,728 which is calculated by using volunteer hours and a formula established by CJD. The current fiscal year portion of the cash match of $3,535 is budgeted in the Police Department s General Fund Budget FY 2009/2010. The remaining cash match of $38,890 would need to be considered for approval for fiscal year 2010/2011 General Fund Budget. CJD will fund $80,000. Therefore total funding for this grant is $124,153. Should the City desire to continue participation in this program, the City will be required to provide documentation of financial commitment to CJD each year of participation. Attachments: 1. Operating Budget Expenditure Information Form 2. Resolution

34 CITY OF GRAND PRAIRIE OPERATING BUDGET EXPENDITURE INFORMATION FUND: AGENCY: General Police ACCOUNTING UNIT: AVAILABLE: 90075, Transfer to grant fund 3005, $96,489 STAFF CONTACT: VENDOR NUMBER: VENDOR NAME: CONTINGENCY: Carlo Pacot

35 RESOLUTION NO. A RESOLUTION OF THE CITY OF GRAND PRAIRIE, TEXAS, IN SUPPORT OF A GRANT ( ) FROM THE TEXAS CRIMINAL JUSTICE DIVISION OF THE GOVERNOR S OFFICE FOR THE VICTIM ASSISTANCE PROGRAM, TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the Texas Criminal Justice Division of the Governor s Office is accepting grant applications for the Victims of Crime Act; WHEREAS, the Grand Prairie Police Department wishes to apply for funding of the Victim Assistance Program; NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS THAT: SECTION 1. the City of Grand Prairie is authorized to submit an application for a criminal justice grant for the Victim Assistance program (grant number ). SECTION 2. the City of Grand Prairie agrees to provide any applicable cash match; SECTION 3. the City Manager of the City of Grand Prairie is empowered to accept, reject, alter or terminate this grant on behalf of the City Council; SECTION 4. in the event of loss or misuse of CJD funds, the City Council of the City of Grand Prairie assures that the funds will be returned to CJD in full; SECTION 5. this resolution shall be in full force and effect from and after its passage and approval in accordance with the Charter of the City of Grand Prairie and it is accordingly so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 2 ND DAY OF FEBRUARY, ATTEST: City Secretary APPROVED: Mayor APPROVED AS TO FORM: City Attorney

36 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.6 Texas Military Surplus Program Consider a resolution authorizing the City Manager to execute an application/agreement with the Texas 1033 Military Surplus Property and Procurement Program. PRESENTER: Chief Glen Hill, Police Department RECOMMENDED ACTION: Authorize the City Manager to execute an application/agreement with the Texas 1033 Military Surplus Property and Procurement Program. ANALYSIS: Local Texas Law Enforcement agencies may receive surplus military supplies and equipment through the Department of Defense, Office of the Governor Criminal Justice Division. To be eligible to receive materials, the City Manager and Chief of Police are required to execute an application/agreement documents. Surplus equipment and supplies are donated to the agency at no cost to the City. FINANCIAL CONSIDERATION: None Attachments: Resolution

37 RESOLUTION NO. A RESOLUTION OF THE CITY OF GRAND PRAIRIE, TEXAS, IN SUPPORT OF AN APPLICATION/AGREEMENT FOR DONATION OR TRANSFER OF EQUIPMENT THROUGH THE DEPARTMENT OF DEFENSE, OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION, TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the Grand Prairie Police Department wishes to participate in the Texas 1033 Military Surplus Property and Procurement Program; WHEREAS, it is necessary and in the best interests of the City of Grand Prairie to apply for application of agreement with the Department of Defense, Office of the Governor Criminal Justice Division Texas 1033 program; NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS THAT: SECTION 1. the City of Grand Prairie is authorized to submit an application of agreement with the Texas 1033 Military Surplus Property and Procurement Program; SECTION 2. the City Manager of the City of Grand Prairie is empowered to accept, reject, alter or terminate this program on behalf of the City Council. SECTION 3. this resolution shall be in full force and effect form and after its passage and approval in accordance with the Charter of the City of Grand Prairie and it is accordingly so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 2 ND DAY OF FEBRUARY, ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney

38 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.7 Interlocal Agreement with the Dallas District Attorney Consider authorizing the City Manager to enter into an Interlocal Agreement with the Dallas County District Attorney regarding the disposition of forfeited contraband seized pursuant to Chapter 59 of the Texas Code of Criminal Procedure. PRESENTER: Chief Glen Hill, Police Department RECOMMENDED ACTION: Authorize the City Manager to enter into an Interlocal Agreement with the Dallas County District Attorney regarding the disposition of forfeited contraband seized pursuant to Chapter 59 of the Texas Code of Criminal Procedure. ANALYSIS: Article of the Texas Code of Criminal Procedure mandates that a local agreement be reached between the attorney representing the State and the seizing law enforcement agency to effect the disposition of contraband (money and property) forfeited to the State. The Police Department wishes to enter into an agreement with the Dallas County District Attorney regarding the disposition of forfeited contraband. The agreement sets forth the amount paid to the district attorney from a seizure awarded to the City. In the event of "significant time and effort" by the district attorney, the amount paid by the City will be commensurate with the time and effort involved. FINANCIAL CONSIDERATION: None

39 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.8 Allocation of Federal Seizure Funds Consider authorizing the allocation of $15,000 from the Federal Seizure Fund (285110) to purchase computer equipment and replacement rifles, scopes and related equipment for the Police Department. PRESENTER: Chief Glen Hill, Police Department RECOMMENDED ACTION: Authorize the allocation of $15,000 from the Federal Seizure Fund (285110) to purchase computer equipment and replacement rifles, scopes and related equipment for the Police Department. ANALYSIS: The Chief of Police requests Council authorization to allocate $15,000 from the Federal Seizure Funds to purchase computer equipment and police tactical equipment. The computer equipment will cost $6,300 and be used by our forensic examiner at the North Texas Regional Computer Forensics Laboratory (NTRCFL). This expenditure will be fully reimbursed from a $38,000 Department of Justice asset forfeiture allotted to be shared by member agencies of NTRCFL for the purchase of FBI approved forensic exam computers. The Tactical equipment will cost $8,700 and will include four rifles, scopes, range finders, and related equipment and will be used by the Police Department Tactical Team. This request is in accordance with Title 1.Code of Criminal Procedure, Chapter 59 Forfeiture of Contraband, Art d. that requires proceeds awarded under this chapter may be spent after a budget for the expenditure has been submitted to the governing body of the municipality. FINANCIAL CONSIDERATION: Request the line items added to the federal seizure budget for computer equipment, rifles and related equipment.

40 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.9 Purchase of a Public Safety 911 and Radio Recording System Consider purchase of a Public Safety 911 and Radio Recording System from Vista Com in the amount of $103,880 PRESENTER: Chief Glen Hill, Police Department RECOMMENDED ACTION: Approve purchase of a Public Safety 911 and Radio Recording System from Vista Com in the amount of $103,880. ANALYSIS: In November 2002 the Police Department purchased a Dictaphone recording system. In April 2006 the department received notification that Nice purchased Dictaphone and that support services for Dictaphone systems will end March 1, After receiving the above product retirement notice, staff began looking for a replacement system. Nice and Vista Com systems were compared and priced. Nice quoted an estimated $150,000 while Vista Com quoted their system at $103,880. Staff recommends the purchase of the Vista Com system. The purchase of Vista Com would be made through the State of Texas DIR contract therefore bidding is not required. FINANCIAL CONSIDERATION: Funding for this project in the amount of $103,880 is available in the Police Capital Projects Fund (401091), WO # (911 Recording System). Attachments: Fiscal Impact Form (Capital Budget)

41 CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Project Title: 911 Recording System Department: Police Project Manager Pam Meine Vendor No/Name Expenditure Amount: $ 103,880 Vendor No/Name Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design $0 R.O.W. $0 Construction $0 Communication & Video Equipment (68270) $150,000 $0 $150,000 Contingency $0 $0 $0 TOTAL $150,000 $0 $0 $150,000 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $150, Police Capital Project Fund Current Approp. $0 Remaining Approp. $0 TOTAL PROJECT ESTIMATE $150,000

42 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.10 Issuance of General Obligation Improvement Bonds and Certificates of Obligation a. Consider authorizing the issuance of General Obligation Improvement Bonds, Series 2010 in the principal amount of $5,480,000 and authorizing the issuance of Combination Tax and Revenue Certificates of Obligation, Series 2010, in the principal amount of $1,945,000, and; b. Consider an ordinance amending the FY 2009/2010 Capital Improvement Projects Budget. PRESENTER: Diana Ortiz, Chief Financial Officer RECOMMENDED ACTION: Authorize the issuance of General Obligation Improvement Bonds, Series 2010 in the principal amount of $5,480,000 and authorizing the issuance of Combination Tax and Revenue Certificates of Obligation (CO s), Series 2010 in the principal amount of $1,945,000; and adopt an ordinance amending the FY 2009/2010 Capital Improvement Projects Budget. ANALYSIS: On September 15, 2009 the City Council adopted by ordinance the FY 2009/2010 Capital Improvement Projects (CIP) Budget. This bond sale includes all of the projects approved in the FY 2009/2010 CIP Budget. In addition, we are selling CO s for TIF2. The TIF CO s are for street improvements. FINANCIAL CONSIDERATION: The bonds are structured with the following maturities 1. General Obligation Bonds 20 years 2. Certificates of Obligation streets 20 years 3. Certificates of Obligation (TIF) 11 years The City s Bond Counsel, Fulbright & Jaworski, will bring the bond ordinances to the City Council meeting on the day of the sale, February 2, Attachments: 1.Ordinance amending FY 2009/10 Capital Improvement Projects (Attachment A)

43 ORDINANCE NO. AN ORDINANCE AMENDING THE FY 2009/2010 CAPITAL IMPROVEMENT PROJECTS BUDGET FROM THE SALE OF $5,480,000 GENERAL OBLIGATION IMPROVEMENT BONDS, AND A COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION BONDS OF $1,945,000 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: SECTION 1. THAT THE FY 2009/2010 Capital Improvement Projects Budget be appropriated as according to the Attachment A to reflect the issuance of bonds for General Obligation and Combination Tax and Revenue Certificates of Obligation (CO s). PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, 2 nd of FEBRUARY, ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney

44

45 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.11 Repair of Marshall Bridge over Cottonwood Creek Consider awarding low bid for the repair of Marshall Bridge over Cottonwood Creek to Ed A Wilson, Inc, in the amount of $169,900 and authorize a 5% contingency of $8,495 PRESENTER: Ron McCuller, Public Works Director RECOMMENDED ACTION: Award low bid for the repair of Marshall Bridge over Cottonwood Creek to Ed A. Wilson, Inc., in the amount of $169,900 and authorize a 5% contingency of $8,495 for a total of $178,395. ANALYSIS: Recommended corrective actions were submitted by TxDot; design for repair was completed by Jaster-Quintanilla Dallas, LLP. Bid #10021 was opened on 01/12/10. There were 916 vendors notified, four responded. Ed A Wilson, Inc Fort Worth, TX $169,900 North Texas Bridge Co Plano, TX $186,700 Orval Hall Excavating, Ltd Benbrook, TX $232,430 New Star Grading & Paving Dallas, TX $294,000 FINANCIAL CONSIDERATION: Funding for the contract amount is $169,900 and a 5% contingency of $8,495 for a total of $178,395 is available as follows: $ 13,749 is available in the Street Capital Projects Fund (400192), WO # (FY 07 Concrete Channel Repair); (Construction); $150,220 is available in the Street Capital Projects Fund (400192), WO # (FY 09 Bridge Repair) (Construction); $ 14,426 is available in the Street Capital Projects Fund (400192), WO # (FY09 Concrete Channel Repair) (Construction). Attachments: 1. Fiscal Impact Forms (Capital Budget)

46 CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Project Title: FY 07 Concrete Channel Repair Department: Public Works Project Manager Ronnie Bates Vendor No/Name 843/Ed A Wilson, Inc Expenditure Amount: $ 13,749 Vendor No/Name Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design $0 Streets,Roads, Highway Mntce (63030) $80,981 $80,981 Construction (68540) $13,749 $13,749 Capital Outlay $0 Contingency (68570) $0 $0 $0 $0 $0 TOTAL $94,730 $0 $0 $94,730 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $94, Street Capital Projects Fund Current Approp. $0 Remaining Approp. $0 TOTAL PROJECT ESTIMATE $94,730

47 CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Project Title: FY 09 Bridge Repair Department: Public Works Project Manager Ronnie Bates Vendor No/Name 843/Ed A Wilson, Inc Expenditure Amount: $ 150,220 Vendor No/Name Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design (68560) $49,780 $49,780 R.O.W. $0 Construction (68540) $150,220 $150,220 Capital Outlay $0 Contingency $0 $0 $0 $0 $0 TOTAL $200,000 $0 $0 $200,000 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $200, Street Capital Projects Fund Current Approp. $0 Remaining Approp. $0 TOTAL PROJECT ESTIMATE $200,000

48 CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Project Title: FY 09 Concrete Channel Repair Department: Public Works Project Manager Ronnie Bates Vendor No/Name 843/Ed A Wilson, Inc. Expenditure Amount: $ 14,426 Vendor No/Name Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design $0 R.O.W. $0 Construction (68540) $200,000 $200,000 Capital Outlay $0 Contingency (68570) $0 $0 $0 $0 $0 TOTAL $200,000 $0 $0 $200,000 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $200, Street Capital Projects Fund Current Approp. Remaining Approp. $0 TOTAL PROJECT ESTIMATE $200,000

49 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.12 American Recovery and Reinvestment Act (ARRA) Agreement for Traffic Signal Synchronization Consider a resolution authorizing the City Manager to enter into an agreement with Texas Comptroller of Public Accounts for ARRA Stimulus funds for Traffic Signal Synchronization. PRESENTER: Sholeh Karimi, Traffic Engineer RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to enter into an Agreement with Comptroller of Public Accounts for ARRA Stimulus funds for Traffic Signal Synchronization. ANALYSIS: City of Grand Prairie submitted an application to receive grant funds from the State Energy Conservation Office s (SECO) Transportation Energy Efficiency (TEE) Traffic Signal Synchronization or Replacement Grant. This Grant was made available by the American Recovery and Reinvestment Act (ARRA) of City of Grand Prairie has been awarded ARRA stimulus funds in an amount of $419,900 for traffic signal synchronization. Within grant guidelines and requirements, the Agreement is necessary to make ARRA funds available for implementation of signal timing optimizations. The ARRA stimulus funds 80% of the project cost with 20% local match. Dallas County is committed to provide 50% of the local match for traffic signals that are within Dallas County. The estimated overall project cost is $524,860 of which $419,900 is funded through ARRA stimulus funds; $40,000 is Dallas County funded and $64,960 is locally funded. Optimizing signal timing will reduce congestion, decrease travel time and fuel consumption and delay to motorists, and improve the overall level of service for the citizens and visitors of Grand Prairie. This project will provide significant mobility enhancements within the City.

50 FINANCIAL CONSIDERATION: Funding for the City s share in the amount of $64,960 is available in the Street Capital Projects Fund (400192) WO # (FY 08 City Wide Traffic Signal Timing) to be transferred to Grant Account (300597) Attachment: 1. Fiscal Impact Form (Capital Budget) 2. Resolution

51 CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Project Title: Signal Timing Optimization Department: Transporation Project Manager Sholeh Karimi Vendor No/Name Expenditure Amount: $64,960 Vendor No/Name Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design $0 R.O.W. $0 Construction $154,250 ($64,960) $89,290 Capital Outlay $0 Contingency $0 Transfer to Grant $64,960 $64,960 $0 TOTAL $154,250 $0 $0 $154,250 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $154,250 Current Approp. $0 Remaining Approp. $0 TOTAL PROJECT ESTIMATE $154,250

52 RESOLUTION NO. A RESOLUTION OF THE CITY OF GRAND PRAIRIE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS FOR ARRA STIMULUS FUNDS FOR TRAFFIC SIGNAL SYNCHRONIZATION WHEREAS, the United States Congress enacted and the President signed the American Recovery and Reinvestment Act of 2009, Public Law (2009) (ARRA) to promote economic recovery, investment and creation of new jobs and opportunities for all Americans including Texans in the form of stimulus grant funds for projects that meet the requirements of both ARRA and Comptroller s SECO programs, funded through the United States Department of Energy (DOE); and WHEREAS, the Comptroller of Public Accounts (Comptroller) Stimulus Program (the Program ) has applied for and the Comptroller has been awarded ARRA funds to support the Comptroller s State Energy Program for Energy efficiency, renewable energy, energy assurances and other initiatives, which are managed by the State Energy Conservation Office (SECO); and WHEREAS, Chapters 403, 447 and 2305, Texas Government Code; 42 U.S.C. 6321, et seq, and the Act, P.L , (2009), authorize the Comptroller and SECO to consider applications for and award ARRA stimulus funds to local governments, municipalities, and other governmental organizations to fund approved grantfunded projects and activities; and WHEREAS, the Comptroller published a Notice of Availability and Request for Applications (RFA) for ARRA grant funding in order to make competitive awards of grants; and WHEREAS, the City of Grand Prairie is eligible to receive an award of ARRA grant funding as a result of the RFA process to be utilized for purposes authorized by ARRA; and WHEREAS, the Comptroller wishes to award ARRA grant funding to the City of Grand Prairie (Grantee) and the Comptroller and Grantee wish to enter into this Grant Agreement (the Agreement ); and WHEREAS, on February 2, 2010, the City Council of Grantee, the City of Grand Prairie, adopted a resolution authorizing execution of this Agreement; and

53 WHEREAS, under this Agreement, Grantee shall fully comply with all terms, conditions, requirements, and other requirements of the Program and this Grant Agreement, including those set forth in the Attachments attached to and incorporated in this Agreement; and WHEREAS, in consideration of Grantee s compliance with all eligible and other requirements of the Program and this Agreement, Comptroller agrees to award ARRA funds to Grantee on a cost reimbursement basis in an amount not to exceed $419,900; and WHEREAS, ARRA funds 80 percent of the estimated project costs of $524,860 and Dallas County will fund 7.6 percent of the project cost up to $40,000; and WHEREAS, the local match will be $64,960 which is 12.4 percent of the estimated project cost; and WHEREAS, the foregoing grant amount shall be utilized by Grantee solely for the purpose of the Program and Comptroller s requirements regarding same, in addition to requirements as may be provided by Comptroller throughout the term of this Agreement. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS THAT: SECTION 1. The City Manager is hereby authorized to enter into an agreement with the Texas Comptroller of Public Accounts for ARRA Stimulus funds to traffic signal synchronization. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, 2 nd DAY OF FEBRUARY, ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney

54 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B Tarrant County HFC Single Family Bond Program Consider a resolution granting approval for the Tarrant County Housing Finance Corporation to use the proceeds of its series 2010 and 2011 single family mortgage revenue bonds to finance home mortgages for single family homes located within Tarrant County in the City of Grand Prairie. PRESENTER: William Hills, Director of Housing and Neighborhood Services RECOMMENDED ACTION: Approve the use of the proceeds of Tarrant County Housing Finance Corporation s Series 2010 and 2011 single family mortgage revenue bonds to finance home mortgages for single family homes located within Tarrant County in the City of Grand Prairie. ANALYSIS: Without specific approval by the City Council, the Tarrant County Housing Finance Corporation is not permitted to provide financing of home mortgages for homes which are located within a municipality with more than 20,000 inhabitants as determined by the Corporation's rules, resolutions relating to the issuance of bonds, or financing documents. The City of Grand Prairie must pass a resolution if its citizens are to participate in the subject program. Upon passage, Grand Prairie s first time homebuyers purchasing in Tarrant County can use the program which is a 5.05% 30 year mortgage rate with 3.00 grant for down payment assistance. FINANCIAL CONSIDERATION: NONE Attachments: 1. Resolution

55 RESOLUTION NO. APPROVE A RESOLUTION GRANTING APPROVAL FOR THE TARRANT COUNTY HOUSING FINANCE CORPORATION TO USE THE PROCEEDS OF ITS SERIES 2010 AND 2011 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY OF GRAND PRAIRIE WHEREAS, pursuant to the Texas Housing Finance Corporations Act, Chapter 394, Local Government Code, V.T.C.A. (the "Act"), the creation of the Tarrant County Housing Finance Corporation (the "Corporation"), was approved by resolution of the governing body of Tarrant County, Texas (the "County"), adopted on the 14th day of April, 1980, to provide a means of financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for residents of the County at prices they can afford; and WHEREAS, in accordance with the Act the Corporation is not permitted to provide financing of home mortgages for homes which are located within a municipality with more than 20,000 inhabitants as determined by the Corporation's rules, resolutions relating to the issuance of bonds, or financing documents relating to such issuance, unless the governing body of the municipality approves the application of the Act to the property located within the municipality; and WHEREAS, the Board of Directors of the Corporation has requested the approval of the governing body of the City of Grand Prairie, Texas (the "City") to provide financing for home mortgages for homes within the City with the proceeds of the issuance of the Corporation's proposed Series 2011 Single Family Mortgage Revenue Bonds (the "Bonds"); NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS THAT: SECTION 1. That the preambles to this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. SECTION 2. The governing body of the City hereby approves the application of the Act to the property within the City and grants its approval to the Corporation for the use of proceeds of the Bonds to finance home mortgages for single family homes located within the City. SECTION 3. This Resolution shall be effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, 2 nd OF FEBRUARY, 2010.

56 ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney

57 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.14 Lake Ridge Embankment Repairs Consider award of a construction contract for Lake Ridge embankment repairs for Base Bid Alternative B to Soil Nail Launcher in the amount of $2,610,700, plus 5% contingency of $130,535, and $128,321 for in-house engineering and material testing. PRESENTER: Romin Khavari, City Engineer RECOMMENDED ACTION: Award a construction contract to Soil Nail Launcher for the Lake Ridge embankment Repairs for Base Bid Alternative B in the amount of $2,610,700, plus 5% contingency of $130,535 and $128,321 for in-house engineering and material testing. ANALYSIS: On July 2, 2008 the City Council awarded a consultant contract with Freese & Nichols, Inc. for engineering services to design and administer the Phase III of the Embankment repairs along Lake Ridge Parkway at the north bridge crossing Joe Pool Lake to include the installation of a 36 Water Line along Lake Ridge Parkway and Great Southwest Parkway. The project provides for 4,200 Linear Feet of embankment repairs at the Lake Ridge Parkway bridge crossing at Joe Pool Lake; this embankment repair is the third and last of three phases aimed towards stabilizing the roadway embankment along Lake Ridge Parkway north and south of the two bridges over Joe Pool Lake. This project also provided for the design of 5,600 linear feet of a 36 waterline in Lake Ridge Parkway between Camp Wisdom Road and Great Southwest Parkway as identified as project 16N in the City Water Master Plan. On October 27, 2009, eight bids were received for the Lake Ridge Embankment Repair Phase III. Two alternate methods were allowed to bid for this soil stabilization project; Base Bid Alternative A utilized the fiber reinforced soil would require the undercutting of the existing roadway embankment, mixing it with fiber filaments for stabilization and then placing it back in density controlled layers; Base Bid Alternative B is a sole source contractor that incorporates the use of ballistic soil nails. This proprietary method incorporates the launching of a 1.5 inch diameter, 20 foot long steel bar to 220 miles per hour. As these high speed projectiles enter the earth, a shock wave is generated at the tip that causes the soil particles to jump away causing penetration into the soil without significant abrasion. The soil particles then collapse onto the

58 bar, providing surprisingly high pullout resistance. The soil Nail Launcher is typically mounted on a tracked excavator. The contract document stipulates that the City reserves the right to choose the lowest bid of either Base Bid Alternative A or Alternative B based on the City s best interest. This bid also included two Added Alternatives; Added Alternative #1 is for stabilizing a deep slope failure south of the south bridge over Joe Pool Lake; due to the condition of the slope failure it was authorized under a separate emergency project the work for which is currently substantially complete. Added Alternative #2 is for concrete panel replacements in the construction area; the street division is currently conducting street repairs in Lake Ridge Parkway and staff doesn t recommend the construction of this alternate based on an extremely high unit price of concrete replacement. Freese & Nichols, the City s consulting engineer is recommending that Base Bid Alternate B be awarded to Soil Nail Launcher in the amount of $2,610,700 although the low bid for Base Bid Alternate A is lower. Several factors were considered into this recommendation as follows: o Impact to public: Base Bid Alternative A would require the complete shut down of half the roadway in Lake Ridge Parkway (two of the four lanes) for approximately eight months. This shut down will require routing traffic into one side of the roadway; and although traffic control measures would be in place to help separate traffic, it is inherently not a safe condition. o Schedule: Base bid Alternative A is expected to take approximately eight months as compared to approximately two months for the Base Bid Alternative B. This is approximately is four times as long as for Base Bid Alternative B. This would mean less City inspection and engineering charges of approximately $78,000. o Utility relocation cost: Base Bid Alternative A would require electrical and telephone utilities to be relocated at City expense (Approximately $137,000) and taking approximately 6 weeks before any other construction work can be performed in that area; Base Bid Alternative B doesn t require these franchise utility relocations. o Additional Geotechnical inspection costs: While both Base Bid Alternatives require geotechnical inspection, the inspection cost of Base Bid Alternative A is $125,000 more than Base Bid Alternative B. o The bids came in lower than expected for Base Bid Alternative A and B. o The net additional cost of Base Bid Alternative Bid B is therefore estimated at $241,968. Due to the lower bids, there is funding available to cover this cost. Due to the above listed tangible and intangible reasons (Primarily safety, no need for existing franchise utility relocation and completion time to avoid inconveniencing the Citizens) staff is concurring with the attached consultant s recommendation.

59 FINANCIAL CONSIDERATION: Eight bids were received on October 27, 2009: Base Bid Base Bid Added Alt. Added Alt. Alternative A Alternative B #1 #2 1. Cooper Excavation $2,028,731 $215,142 $36, Soil Nail Launcher $2,610,700 $216,920 $36, Ed Bell Construction $2,708,776 $183,776 $44, ARK Contracting $2,476,205 $220,200 $36, Austin Filter Systems $2,822,499 $188,940 $60, S.J. Louis Construction $3,031,650 $176,880 $24, Davis Excavation $2,607,568 $176,100 $32, DCI Contracting $2,733,815 $158,200 $27,000 Funding in the total amount of $2,869,556 is available in the Street Capital Projects Fund (400192), WO # (Lake Ridge Embankment Repair Ph III). Currently only $285,667 is available, upon approval of the current bond sale, an additional $3,514,333 will be added to this project. The ordinance to appropriate this money is under B.10. Attachments: 1. Fiscal Impact Form (Capital Budget) 2. Exhibit

60 CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Planning and Project Title: Lake Ridge Embankment Repair Ph III Department: Development Project Manager Romin Khavari Vendor No/Name Cooper Excavation Expenditure Amount: $2,869,556 Vendor No/Name Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design $47,558 $128,321 $175,879 R.O.W. $0 Construction $3,739,913 ($258,856) $3,481,057 Capital Outlay $0 Contingency $12,529 $130,535 $143,064 $0 $0 TOTAL $3,800,000 $0 $0 $3,800,000 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $3,800,000 Current Approp. $0 Remaining Approp. $0 TOTAL PROJECT ESTIMATE $3,800,000

61

62

63

64

65 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.15 Order of City Election for May 8, 2010 Consider an ordinance ordering the City Election for May 8, 2010 to elect Mayor; Council Member, District 2; and Council Member, District 4, for three-year terms PRESENTER: Cathy DiMaggio, City Secretary RECOMMENDED ACTION: Adopt an ordinance ordering the May 8, 2010 City Election ANALYSIS: The city election will be conducted by the Dallas County Elections Department and the Tarrant County Elections Department. The election will be a joint election with other entities in both counties. FINANCIAL CONSIDERATION: The actual expense to the city varies widely depending upon how many other entities participate in the joint elections. Funding is available in Account No Attachments: 1. Expenditure Information Form 2. Ordinance

66 CITY OF GRAND PRAIRIE OPERATING BUDGET EXPENDITURE INFORMATION FUND: AGENCY: General Fund Name of Fund (i.e. General Fund) City Manager Name of Department ACCOUNTING UNIT: AVAILABLE: STAFF CONTACT: VENDOR NUMBER: VENDOR NAME: CONTINGENCY: Elections Account Code, Description, and amount available Cathy DiMaggio Dallas and Tarrant Elections Departments N/A

67 ORDINANCE NO. AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, CALLING THE GENERAL ELECTION ON MAY 8, 2010, TO ELECT MAYOR, COUNCIL MEMBERS DISTRICT TWO, AND DISTRICT FOUR FOR THREE-YEAR TERMS WHEREAS, the Uniform Election Date for the City s General Election has been set as May 8, 2010; and WHEREAS, the City Council has decided and hereby finds it is in the best interest of the City to order such election for May 8, 2010, and to contract with Dallas County, Texas, and Tarrant County, Texas, for conducting such election; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: SECTION 1. That a General Election shall be held in the City of Grand Prairie on the 8 th of May, 2010 between the hours of 7:00 a.m. and 7:00 p.m. for the purpose of electing Mayor, for a three-year term; Council Member, District 2, for a three-year term; and Council Member, District 4, for a three-year term; and SECTION 2. That pursuant to contracts between the City of Grand Prairie and the Dallas County Elections Department and the Tarrant County Elections Department, the election shall be conducted by the Dallas and Tarrant County Elections Departments in precincts of the respective Counties within the City of Grand Prairie, in accordance with the provisions of the respective agreements. SECTION 3. That early voting by personal appearance shall be conducted by the Dallas County Elections Department and the Tarrant County Elections Department in accordance with provisions of the respective county agreements. Branch early voting locations will be provided within the City of Grand Prairie for Dallas and Tarrant County at the following locations: Crosswinds Alternative High School (Dallas County voters only) 1100 N. Carrier Parkway Garner Elementary School (Dallas County voters only) 145 Polo Road Starrett Elementary School (Tarrant County voters only) 2675 Fairmont Drive

68 NOTE: The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. Dates and times of early voting shall be: April (Monday through Friday) May 1 (Saturday) May 2 (Sunday) May 3-4 (Monday and Tuesday) 8 am 5 pm 7 am 7 pm 1 pm 6 pm (Dallas County) 11 am 4 pm (Tarrant County) 7 am 7 pm Application for early voting mail ballots by voters qualified to vote by mail shall be made to: 1) Dallas County voters may make application for mail ballots to the Dallas County Elections Administrator, 2377 N. Stemmons Freeway, Suite 820, Dallas, Texas ) Tarrant County Voters may make application for mail ballots to the Tarrant County Elections Administrator, 2700 Premier Street, Fort Worth, Texas, Applications for ballots by mail must be received no later than April 30, SECTION 5. THAT the deadline for candidates to file application for a place on the ballot in this election shall be March 8, 2010, at 5:00 p.m. SECTION 6. THAT the manner of holding said election shall be governed by State Statutes of the State of Texas and the Charter and Ordinances of the City of Grand Prairie. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 2 ND DAY OF FEBRUARY, ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney

69 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. C.0 Public Hearing Consent Agenda There are no public hearings on the consent agenda.

70 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. D.0 Public Hearing on Zoning Applications There are no public hearings on zoning applications.

71 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. E.0 Items for Individual Consideration

72 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. E.1 Juvenile Curfew Ordinance - Public Hearing a. Hold a public hearing to receive citizen input regarding the renewal of the City's Juvenile Curfew Ordinance. b. Consider an ordinance renewing the City's Juvenile Curfew. PRESENTER: Chief Glen Hill, Police Department RECOMMENDED ACTION: Hold a public hearing to receive citizen input regarding the renewal of the City s Juvenile Curfew Ordinance. Review and renew the City s Juvenile Curfew Ordinance. ANALYSIS: Every three years the City Council shall review the curfew ordinance; conduct a public hearing on the need to continue the ordinance; abolish, continue or modify the ordinance. The curfew ordinance is well-written and meets the needs of the police department and community. It is used as an effective strategy to impact victimization and to investigate criminal activity of juvenile offenders. The purpose of the curfew ordinance is to prevent juveniles from committing crimes or becoming victims of crime. Research into a juvenile ordinance began in The initial ordinance was delayed until a lawsuit challenging the constitutionality of the ordinance involving the City of Dallas was resolved. After the Supreme Court upheld the Dallas Ordinance, the curfew ordinance was passed by the Grand Prairie City Council on May 17, 1994, for a trial period of six months. After the trial period and on November 15, 1994, the curfew ordinance became effective removing the trial period. The curfew is in effect from 11:00 p.m. on Sunday through Thursday and 6:00 a.m. the following day and 12:01 a.m. until 6:00 a.m. any Saturday or Sunday. Violations include: (1) When a minor remains in any public place or on the premises of any establishment within the city during curfew hours. (2) When a parent or guardian of a minor knowingly permits the minor to violate the curfew ordinance. (3) When an owner, operator, or any employee of an establishment knowingly allows a minor to remain at the establishment during curfew hours. Teen s defenses in court: Accompanied by the minor s parent or guardian.

73 On an errand at the direction of the minor s parent or guardian. Engaged or going to or returning from an employment activity. On the sidewalk abutting the minor s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department. Attending an official school, religious, or other recreational activity supervised by adults. Exercising First Amendment rights. Married or certified as an adult. The curfew ordinance is a good law enforcement tool for the community. It helps to control illegal activity of its youth and provides a measure of protection to the particularly vulnerable youth who may stray occasionally into the wrong direction. The ordinance compels children to be off the streets during curfew hours but provides exceptions as mentioned above. Last year, from January 1 through December 31, the police department issued 83 citations to teens for Teen Curfew violations and took custody of 89 juveniles who were released to their parents or guardians. In an effort to protect children and reduce juvenile crime, it is recommended the City Council renew the curfew ordinance. FINANCIAL CONSIDERATION: None Attachments: Ordinance

74 ORDINANCE NO. AN ORDINANCE REENACTING OR CONTINUING CHAPTER 17, OFFENSES AND MISCELLANEOUS PROVISIONS, SECTION 17-45, CURFEW REGULATIONS FOR MINORS, OF THE GRAND PRAIRIE CITY CODE, ESTABLISHING A CURFEW FOR MINORS, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 17, 1994, after public hearing, the City of Grand Prairie enacted Ordinance 5250, as amended on November 11, 1994, which established a curfew for minors 16 and younger between 11:00 p.m. on Sunday through Thursday and 6:00 a.m. of the following day and 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday, and provided certain defenses; and WHEREAS, Section of the Texas Local Government Code provides that cities enacting a curfew must, every three years, review the ordinance's effects on the community and on problems the ordinance or order was intended to remedy; and WHEREAS, Section of the Texas Local Government Code provides the cities must conduct public hearings on the need to continue the ordinance; and WHEREAS, on March 6, 2007, after a public hearing and a finding that there was still a need for the juvenile curfew, Ordinance 7009 was adopted reenacting and reinstating the curfew provisions; and WHEREAS, the Council City of Grand Prairie finds the curfew ordinance has been a valuable tool for the police in fighting juvenile crime and juvenile victimization; and WHEREAS, after a public hearing, the City Council of the City of Grand Prairie finds an urgent public necessity to continue the curfew ordinance in its enacted format; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: SECTION 1: That Ordinance 5250, enacting a night juvenile curfew ordinance as Section of Chapter 17 of the Grand Prairie City Code, as passed on May 17, 1994, and amended on November 11, 1994, and Ordinance 7009, passed and approved on March 6, 2007, which reinstituted the curfew, and is codified in Section of the Code of Ordinances, are hereby reenacted, and the provisions of Section are to continue in full force and effect, to the effect that minors are subject to a curfew as set out in the Ordinance.

75 SECTION 2: 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 shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 3: That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4: That this ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 2 ND DAY OF FEBRUARY, ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney

76 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. E.2 Public Hearing and Consideration of a Municipal Setting Designation Ordinance for 902 Fountain Parkway a. Conduct a Public Hearing for a municipal setting designation for 902 Fountain Parkway; and b. Consider applicants' request for adoption of an ordinance approving a municipal setting designation for 902 Fountain Parkway PRESENTER: James R. Cummings, Environmental Services Director RECOMMENDED ACTION: Conduct a public hearing to receive input concerning the proposed municipal setting designation ordinance for 902 Fountain Parkway. Environmental Services Department staff recommends approval of the request for the passage of a municipal setting designation ordinance for this location. ANALYSIS: See attached staff report. FINANCIAL CONSIDERATION: N/A Attachments: 1. Staff Report 2. Ordinance 3. Maps

77 Staff Report Topic: 902 Fountain Pkwy Municipal Setting Designation (MSD) Request Date: January 20, 2010 Staff Recommendation: The Environmental Services Department recommends approval of the request for the consideration and approval of a municipal setting designation ordinance for the City of Grand Prairie property located at 902 Fountain Parkway. Introduction: In September 2003, the Texas Legislature amended the State of Texas Health and Safety Code to authorize Municipal Setting Designations (MSD). The MSD Legislation provided a mechanism for allowing a less expensive and faster alternative to existing state environmental regulations governing the investigation and cleanup of contaminated groundwater if access to the groundwater has been restricted from use as potable water by an ordinance. The intent of the legislation is to encourage redevelopment of vacant or abandoned Brownfield properties while protecting the public health. The legislation requires that a person seeking to obtain an MSD must submit an application to the executive director of the Texas Commission on Environmental Quality (TCEQ). The legislation also requires that the person seeking the MSD must meet certain pre-certification requirements. One pre-certification requirement is that the MSD application must be supported by the city council of the municipality in which the property for which the MSD is sought is located through an ordinance that prohibits the use of designated groundwater from beneath the property as potable water. Analysis: The applicant, Paula Steves, is the owner of 902 Fountain Parkway, Grand Prairie, Texas. Ms. Steves elected not to participate in the Municipal Setting Designation for 602 and 906 Fountain Parkway which the City Council approved on July 7, 2009 (Ordinance No. 7979). Ms. Steves property has been impacted by the groundwater plume originating north of her property and did not clearly understand the implications of failing to participate. Ms. Steves now has a purchaser for the property and needs to obtain state closure at the site as the groundwater plume extends under her property. There is no evidence and it extremely unlikely that the applicant or any former owners of this property contributed to the groundwater contamination at this site. 902 Fountain Parkway was leased by AmeriPac, Inc, a warehouse storage facility for many years. That lease terminated in December. Jorco Group, who recently purchased

78 Fountain Parkway, has a contract on 902 Fountain Parkway contingent upon site state closure. Jorco Group is confident that the 25,000 feet will be leased quickly and that 20 to 25 jobs will be generated. Since the current property owner is out of state and has a purchaser, and since this property did not contribute to this contamination, Environmental Services feels as that this site meets the requirement of being economically beneficial to the city.

79 ORDINANCE NO. AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, ESTABLISHING SITE 1, BLOCK 2, SECOND INSTALLMENT OF GREAT SOUTHWEST INDUSTRIAL DISTRICT, INDUSTRIAL COMMUNITY NO. 5 AS RECORDED IN PLAT RECORDS, TARRANT COUNTY, TEXAS AS A MUNICIPAL SETTING DESIGNATION SITE; PROVIDING FOR THE PROHIBITION OF GROUNDWATER FOR POTABLE AND IRRIGATION PURPOSES FOR THE SITE; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A PENALTY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL WHEREAS, the City Council of the City of Grand Prairie adopted Ordinance No on January 3, 2006 establishing processes, procedures and restrictions associated with a Municipal Setting Designation authorized under Chapter 361, Subchapter W of the Texas Health and Safety Code; and WHEREAS, Paula Steves (Applicant) has filed an application with the City of Grand Prairie for the City s approval of a Municipal Setting Designation (MSD) for Site 1, Block 2, Second Installment of Great Southwest Industrial District, Industrial Community No. 5 as recorded in Tarrant County, Texas located at 902 Fountain Parkway, Grand Prairie, Texas, more fully described in Exhibit A attached hereto and incorporated within its entirety; and WHEREAS, upon passage of a supporting resolution by the City Council, Applicant intends to file a separate application with the Executive Director of the Texas Commission on Environmental Quality (TCEQ) for certification of an MSD for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W; and WHEREAS, the City Council of the City of Grand Prairie is of the opinion that it is in the best interest of the public and the City to support Applicant s application to the Texas Commission on Environmental Quality for a Municipal Setting Designation for the Site; and WHEREAS, in order for the TCEQ to certify the Site the City must prohibit the potable use of groundwater from beneath the Site; and WHEREAS, a public drinking water system exists that supplies or is capable of supplying drinking water to the Site, and property within one-half mile of the Site; and

80 WHEREAS, where public drinking water is available, the potable use of groundwater in designated areas should be prohibited to protect public health and welfare when the quality of the groundwater presents an actual or potential threat the human health; and WHEREAS, City Council has found that the passage of the Ordinance serves the best interests of the health, safety, and safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: SECTION 1: That for purposes of this Municipal Setting Designation ordinance, the designated property means the property described in Exhibit A, attached to the ordinance. SECTION 2: That for the purpose of this Municipal Setting Designation ordinance, the designated groundwater means water below the surface of the designated property to a depth of 100 feet. The designated groundwater is the saturated soil or the groundwater bearing unit located between the ground surface and the Eagle Ford Shale formation. This shallow groundwater is in alluvial terrace deposits located above the Eagle Ford Shale and uppermost Woodbine Formation which underlie the site. The designated groundwater zone is characterized by clays, clayey sands and silty sands above the bedrock unit (Eagle Ford Shale). SECTION 3: That the use of the designated groundwater from beneath the designated property as potable or irrigation water is prohibited. This prohibition is necessary because the contaminant concentrations exceed potable water standards. SECTION 4: That chlorinated solvents have been detected within the designated groundwater at concentrations exceeding residential assessment levels for potable use. SECTION 5: That the City will provide at least sixty (60) days written notice to the Texas Commission on Environmental Quality prior to enacting an ordinance repealing or amending this ordinance. SECTION 6: 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 shall be deemed a separate, distinct, and independent provision and such holding shall not affect validity of the remaining portions thereof. SECTION 7: That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 8: 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 from all personal liability for any damage that might

81 accrue to persons or property as a result of any act required or permitted in the discharge of said duties. SECTION 9: That any person, firm, or corporation who violates any provision of this ordinance or violates any requirement established is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in section 1-8 of the Code of Ordinances of the City of Grand Prairie, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation. SECTION 10: That this ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 2 ND DAY OF FEBRUARY, APPROVED: ATTEST: Mayor City Secretary APPROVED AS TO FORM: City Attorney

82 Exhibit A

83 Map of 902 Fountain Parkway MSD Boundary