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HomeMy Public PortalAboutResolution No. 270-06 06-13-2006 • RESOLUTION NO.270-06 A RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS, IN SUPPORT OF THE RICHLAND HILLS SUSTAINABLE DEVELOPMENT PLANNING PROJECT WHEREAS, the Regional Transportation Council comprised primarily of local elected officials, is the regional transportation policy board associated with the North Central Texas Council of Governments, is the regional forum for cooperative decisions on transportation; and, WHEREAS, the Regional Transportation Council approved $40.61 million for the current Sustainable Development Call for Projects on April 14, 2005; and, WHEREAS, the Richland Hills City Council submitted a Sustainable Development Project application for master planning and facilitating development and redevelopment in and around the Richland Hills Station of the Trinity Railway Express (TRE) commuter rail line to the North Central Texas Council of Governments prior to the January 20, 2006 deadline; and, WHEREAS, on April 13, 2006, the Regional Transportation Council approved the projects under the Sustainable Development Call for Projects, the use of Regional Transportation Council Local Funds pending the receipt of local funding agreement(s), and the requirement that a resolution of the lead public sponsor's governing body for each project be submitted to NCTCOG offices by 5 p.m., July 14, 2006; and, WHEREAS, the Regional Transportation Council approved $100,000 in Regional Transportation Council Local Funds for the Richland Hills THE Planning Project on April 13, 2006; and, WHEREAS, the Regional Transportation Council approved the "Resolution Establishing Management of Sustainable Development Projects" on May 11, 2006; and, WHEREAS, the Regional Transportation Council required the submittal of this resolution prior to the execution of an interlocal agreement with the North Central Texas Council of Governments. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: Section 1. The Richland Hills City Council will serve as the lead public sponsor and lead project contact on this project. The City Manager is authorized to designate a single point of contact for the project. Section 2. The Richland Hills City Council supports the overall landuse development project concept as applied for in the original Sustainable Development Call for Projects application as included in Attachment 1, 2, and 3. The Richland Hills City Council supports the project timing as included in Attachment 4. Section 3. The Richland Hills City Council commits to fund or pass through funds from the private sector for a minimum local cash match of 25% of the total project cost or $25,000. Section 4. The Richland Hills City Council confirms that the local partners, not the Regional Transportation Council, will be responsible for any cost overruns. Section 5. The City Manager is authorized to enter into an interlocal agreement with the North Central Texas Council of Governments and/or the Texas Department of Transportation. Section 6. The Richland Hills City Council confirms that all funding is handled on a reimbursement basis and expenditures made prior to signing an interlocal agreement on the THE Planning Project will not be eligible expenses. Section 7. The Richland Hills City Council selects Option 2, "Local Float Option" in which the assigned project staging date of October 2006 will be used for reimbursement only and the project will begin on a locally set time schedule that will begin after receipt of a Notice to Proceed from the North Central Texas Council of Governments. Section 8. The Richland Hills City Council acknowledges and understands the process associated with the funding options as described in Attachment 5. Section 9. The Richland Hills City Council concurs with the Regional Transportation Council Resolution, contained in Attachment 7, and the Sustainable Development Call for Projects Program Rules, included in Attachment 8. ~~~~~~~~i i u i nui~~~~~ ~G~~p ND y~, This resolution shall be in effect immediately upon its adoption. ~ O . I vid L. Ragan, Mayor City Council City of Richland Hills, Texas ~'l,.~',~ ~~~~~~uun~ ~~~e~~a~t~ I hereby certify that this resolution was adopted by the Ric land Hills Ci on June 13, 2006. i im utter City Secretary City of Richland Hills, Texas • Attachment 1: Project Description The City of Richland Hills would like to obtain planning services regarding evaluation of the best methodology regarding mixed use re- zoning of the property surrounding the Trinity Railway Express Station. These planning services would also include options regarding Tax Increment Financing and neighborhood empowerment zones. The City wishes to comprehensively plan sustainable development in the corridor leading to THE station; especially, the Handley Ederville Road corridor and the intersection of SH 121 and Handley Ederville Road. The goal is to plan for sustainable development for the entire industrial park that surrounds the station and eventually see the industrial park evolve into a special district with regard to high-end business and residential tenants -much like the garden districts in New Orleans or Boston. • Attachment 2: 1st PowerPoint slide from the two original required PowerPoint slides Not Applicable • • Attachment 3: 2nd PowerPoint slide from the two original required PowerPoint slides Not Applicable • • Sustainable Development Call for Projects (project name) Project • Secend RTC Local Required Reimbursement T)P # Project Nac~t~ Leal Project Spenser 3pomsor Funds Local Match Available Date Approved THE Planning Project City of Richland Hills N/A $100,000 $25,000 Oct-06 • • NCTCOG Sustainable Development Call for Projects Project Implementation Process • RTC Action to Approve Sustainable Development Projects (04/13/06) 1 1 Lead Public Sponsor chooses Lead Public Sponsor chooses Option 1, "Standard Practice Option" Option 2, "Local Float Option" 1 1 Resolution of Governing Body Resolution of Governing Body submitted to NCTCOG (no later than submitted to NCTCOG (no later than 5 p.m., July 14, 2006)' 5 p.m. July 14, 2006)' 1 1 RTC Action to Approve Project Scope RTC Action to Approve Project Scope and Placement in TIP and Placement in TIP i i Sign Interlocal Agreement with Sign Interlocal Agreement with NCTCOG' NCTCOG' 1 1 Lead Public Sponsor provides 20% cash 6ead- match to NCTCOG ~ 1 1 NCTCOG issues Notice to Proceed z NCTCOG issues Notice to Proceed (at sponsor's risk/ 2, s 1 1 Begin construction using "Project Begin construction on a locally set time Staging" date as a start date schedule 1 1 Collect invoices for 8D°~ RTC Local Project Completion Fund portion 1 1 Reimburse 20% local matct, Reimbursement of 80% RTC Local 1=ur~it) portion after assigned "Project Staging j Group" date Reimbursement of 80% RTC Local Fund portion upon completion ' 1`or Lead Project Sponsors without land usQ authority, the City within which the project is located must also provide a .Governing Body Resolution and sign the Interlocal Agreement. z Expenses incurred prior to Notice to Proceed are ineligible for reimbursement. s Project may proceed, however, NCTCOG reimbursement is contingent upon NCTCOG receipt of RTC Local Funds. Revised May 2006 Page 1 of 2 NCTCOG Sustainable Development Call for Projects Required Lead Public Sponsor Decision Regarding Project Start Date The impact of the staging group on project timing is dependent on a local choice between two o tions. p Option 1, "Standard Practice Option" means the project waits until funds for the project are in a North Central Texas Council of Governments (NCTCOG) account. Option 2, "Local Float Option" means the project begins after NCTCOG signs a contract with a local agency providing RTC Local Funds to NCTCOG and the local project sponsor (public or private) "floats" the project until NCTCOG receives payment of RTC Local Funds to a NCTCOG account. A required element of the Governing Body Resolution is the lead public sponsor decision to select Option 1 or Option 2. !neither case, transportation improvements cannot be reimbursed prior to the assigned "project staging" date. Option 1 OR Option 2 "Standard Practice Option" "Local Float Option" Lead public sponsor uses the assigned "project Lead public sponsor uses the assigned "project staging" date as a date for reimbursement only staging" date as a start date for the project, and begins the project on a locally set time pending the receipt of a Notice to Proceed. schedule that begins after a project agreement is signed with NCTCOG. If RTC Local Funds are not available due to a default of local funds being paid to NCTCOG, Staff is authorized to develop interlocal the project may be switched to federal funding. agreements with RTC Local Funds that allow This default situation would require a new immediate construction with reimbursement to contract with TxDOT and may result in a delay the lead public sponsor contingent upon the in the project. receipt of RTC Local Funds by NCTCOG. For example, this default situation would occur if Please note, NCTCOG will not sign Sustainable a NCTCOG member local government with a Development Project interlocal agreements until contract with NCTCOG to make payment of NCTCOG signs agreement(s) to receive RTC RTC Local Funds to NCTCOG is in violation of Local Funds. If a lead public sponsor selects their contract with NCTCOG. this option, choosing to move forward and complete their project prior to the assigned reimbursement date, the lead public sponsor will be "at risk" with regard to the default of local funds being paid to NCTCOG. This option may preclude switching to Federal Funds in the event that RTC Local Funds are unavailable. For example, this default situation would occur if a NCTCOG member local government with a contract with NCTCOG to make payment of RTC Local Funds to NCTCOG is in violation of their contract with NCTCOG. • Revised May 2006 Page 2 of 2 • NCTCOG Sustainable Development Call for Projects Project Scope Transportation Improvement Groups A final project scope must be included in the governing body resolution for each funded transportation infrastructure project. That project scope must budget funding into the groups of transportation improvements shown below. Changes to this scope will require RTC action to amend the Transportation Improvement Program (TIP) and may only be requested on authority assigned by the local governing body. Project scopes must use the template located at www.nctcog.org/trans/sustdev/landuse/funding/2005.asp. Catego Description Budget Pedestrian Sidewalks, crosswalks, benches, trash Amenities receptacles, shade trees, lighting, pedestrian plaza Construction of new/extended trails or Bicycle Trail connection to existing/planned trail, route signage, landscaping, lighting, egress/access from existing/planned trail Landsca in Installation of landscaping features along ~ p g transportation facilities Pedestrian shelters, pedestrian linkages to Bus Transit transit center, signage, passenger waiting areas, trash receptacles, landscaping Rail Transit Station construction, pedestrian linkages to station, signage, landscaping Traffic Signals Signal installation, signal retiming, equipment upgrades Intersection Left turn lanes, right turn lanes, improvements Improvements' to intersection geometry, landscaping Street Construction 2 Capacity expansion, reconstruction, frontage road adjustments, ramp reversals, landscaping ' Scope of work for intersection improvements must include a description of the exact intersection of cross streets and the work to be performed on each approach to intersection and may result in a project delay due to Statewide Transportation Improvement Plan (STIP) listing requirements. 2 Scope of work for street construction must include street name, to/from limits, number of lanes, divided/undivided facility, and may result in a project delay due to STIP listing requirements. • April 2006 1 RESOLUTION ESTABLISHING MANAGEMENT OF SUSTAINABLE • DEVELOPMENT PROJECTS R06-05 WHEREAS, the North Central Texas Council of Governments has been designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, the Dallas-Fort Worth area is a federally designated nonattainment area for the pollutant ozone, and air quality impacts the public and economic health of the entire region; and, WHEREAS, the Regional Transportation Council is responsible for air quality conformity; and the Clean Air Act Amendments of 1990 require that in air quality nonattainment areas, transportation plans and improvement programs conform to the applicable air quality implementation plan; and, WHEREAS, the Regional Transportation Council's first Sustainable Development Call for Projects successfully implemented a wide variety of projects and was awarded the inaugural Smart Moves: Transportation Strategies for Smart Growth Award sponsored by the Environmental • Protection Agency, the American Association of State Highway and Transportation Officials, and the Federal Highway Administration; and, WHEREAS, the Regional Transportation Council approved $40.61 million for the current Sustainable Development Call for Projects on April 14, 2005; and, WHEREAS, on April 13, 2006, the Regional Transportation Council approved the projects under the Sustainable Development Call for Projects, the use of Regional Transportation Council Local Funds pending the receipt of local funding agreement(s), and the requirement that a resolution of the lead public sponsor's governing body for each project be submitted to NCTCOG offices by 5 p.m., July 14, 2006. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: Section 1. The Regional Transportation Council approves the project scope and timing for inclusion in the Transportation Improvement Program after receiving Governing Body Resolutions for individual projects. Section 2. Standard practice is to issue a notice to proceed in the year that funds are available. In order to expedite benefits of the program, staff is authorized to develop agreements that allow immediate construction with reimbursement pending receipt of Regional Transportation Council Local • Funds. The lead Public Sponsor will sign an agreement that states they understand the risk of such construction. Section 3. Funds returned from infrastructure investments and planning projects • unable to move forward will be reallocated to the next Sustainable Development Call for Projects. Section 4. Selected land banking projects will be required to return to the North Central Texas Council of Governments, at a minimum, the Regional Transportation Council Local Funds upon resale or lease of land acquired under the program. Reasonable costs will be considered. A Land Banking Program will be established for future projects. Section 5. The Land Banking Program is to be administered as land acquisition for economic development purposes. Section 6. Regional Transportation Council action is required to reprogram funds from any Sustainable Development Program or Projects. Section 7. This resolution will be transmitted to all local governments with Regional Transportation Council selected projects under the Sustainable Development Call for Projects. Section 8. This resolution shall be in effect immediately upon its adoption. Wendy Davis, Chair • Regional Transportation Council Councilmember, City of Fort Worth I hereby certify that this resolution was adopted by the Regional Transportation Council of the North Central Texas Council of Governments for the Dallas-Fort Worth Metropolitan Area on May 11, 2006. T. Oscar Trevino, P.E., Secretary Regional Transportation Council Mayor, City of North Richland Hills • RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS • General Conditions 1. Project applicants may access the online application beginning November 1, 2005, at: www.dfwinfo.com/traps/landuse/joint venture/2005.html. Online applications must be submitted by 5 p.m., January 20, 2006. 2. In addition to an electronic submittal, all applicants must submit two paper copies of a completed and signed application to NCTCOG offices by 5 p.m., January 20, 2006. Incomplete applications or those not received by the deadline will not be accepted. Supplemental information will not be accepted after the deadline. 3. Projects must be consistent with the Regional Transportation Council approved Screening/Project Selection Process and the Regional Transportation Council approved Sustainable Development Areas of Interest. 4. Projects may be funded with federal or local funds. Projects built with federal funds will follow the standard Texas Department of Transportation (TxDOT)/Federal administrative process and design standards. Projects built with • local funds will follow the administrative process and design standards of the public sector sponsor under an interlocal agreement with NCTCOG. 5. All funding is handled on a reimbursement basis and expenditures made prior to signing an agreement on the project will not be eligible expenses. If federal funds are involved, expenditures made prior to receipt of a Federal Project Authorization and Agreement (FPAA) are not eligible. 6. A public agency must sponsor each application. The sponsoring public agency will serve as the lead project contact. 7. All projects require a minimum local cash match of 20% of the total project cost. Over-matching the project is allowed. 8. Cost overruns will not be the responsibility of the Regional Transportation Council. Local partners will be responsible for any cost overruns. 9. The Western subregion allocation is $12.59 million. The combined total requests from each individual public sector agency in the Western subregion shall not • exceed this amount. RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS Page 1 General Conditions (continued) • 10. The Eastern subregion allocation is $28.02 million. The combined total requests from each individual public sector agency in the Eastern subregion shall not exceed this amount. 11. The Regional Transportation Council will approve all final projects and funding levels. 12. The Regional Transportation Council reserves the right to remove funding from a project that is no longer supported by both local partners. 13. The Regional Transportation Council reserves the right to remove funding from a project for which the local sponsor is unable or unwilling to sign a local agreement to implement the project or cannot provide the required 20% local match. 14. All funds that are unexpended or removed from a project return to the regional Sustainable Development Program for future funding initiatives. • Conditions for Local Sustainable Development Planning Programs 1. No individual project funding request may exceed $300,000. 2. Proposals must create the planning foundation or strategic assistance necessary for a development project that would be eligible and competitive for the Sustainable Development Call for Projects. Applicants are encouraged to submit Sustainable Development programs that include (but are not limited to): objectives creating urban design standards for an area, creating a tax increment refinance zone, or implementing a public outreach campaign promoting livable communities. 3. No private sector sponsor is required. Conditions for Land Banking Projects 1. The Regional Transportation Council has established that no more than 20% of the total funding allocated to the Sustainable Development Program be spent on land banking. Thus, no individual land banking funding request may exceed $8.1 million. • RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS Page 2 Conditions for Land Banking Proiects (continued) • 2. Individual project meetings will be required for land banking applicants. NCTCOG staff will schedule these meetings after January 20, 2006. 3. No private sector sponsor is required. 4. The sponsoring public agency must provide to NCTCOG a resolution of its governing body, endorsing receipt of the award, and intent to participate in a land banking program within 90 days of Regional Transportation Council action to select the project. Conditions for Transportation Infrastructure Proiects 1. No individual project funding request may exceed $7 million. 2. Zoning and development codes necessary to allow the development to be built must be in place by the January 20, 2006, deadline. • 3. A letter of support from an active private-sector partner currently working on a development in the impacted area is required. 4. The sponsoring public agency must demonstrate apublic/private partnership. Public entities may include a county, city, transit authority, or special district. Private sector partners may include for-profit private developers, not-for-profit homebuilders, Independent School Districts, housing authorities, colleges, universities, tax increment refinance zones, and public improvement districts. Local government support is required for all applications. 5. Items ineligible for reimbursement include, but are not limited to: construction or rehabilitation of private buildings, artwork, fountains, installation and/or rehabilitation of water and sewer lines, parking garages, earthwork necessary to raise proposed buildings out of the floodplain, and other items not directly related to mobility. Certain categories of federal funds may be more restrictive. 6. Transportation infrastructure eli ible for reimbursement include, but are not limited to: roadways, intersection improvements, bus stops, sidewalks, shade trees, landscaping, pedestrian/bicyclist amenities, crosswalks, bicycle paths, transit stations, right of way or easements necessary for transportation facilities. Certain categories of federal funds may be more restrictive. • RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS Page 3 Conditions for Transportation Infrastructure Projects (continued) 7. Eli ible transportation infrastructure must be (a) physically located within or along the limits of the proposed development/redevelopment zone or, (b) located within walking distance of the proposed project (1/2 mile or less depending on site conditions), or (c) directly related to either the roadway or rail access necessary to make the development viable. 8. The sponsoring public agency must provide to NCTCOG a resolution of its governing body, endorsing receipt of the award, and confirming the private sector partner within 90 days of Regional Transportation Council action to select the project. • • RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS Page 4