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HomeMy WebLinkAboutCC 2005-04-11 Agendas · · · CITY OF NORTH RICH LAND HILLS PRE-COUNCIL AGENDA APRIL 11, 2005 - 6:15 P.M. For the Regular Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from April 11, 2005 City Council Meeting (5 Minutes) Discuss Details of Settlement Agreement between Steering 2. IR 2005-046 Committee of Cities Served by TXU and TXU Electric Company (10 Minutes) <Aç¡enda Item No. 7b> Update by Richard Ruddell, President/Executive Director of 3. IR 2005-050 Fort Worth Transportation Authority (The T), Regarding Cotton Belt Commuter Connection between Downtown Ft. Worth and Dallas/Fort Worth Airport and The T's Involvement in Public Transit Matters (20 minutes) 4. Adjournment POSTED - ~ IJ~I M.~__. DatE> //:Y¿7 hrJ, --- Time By ~SßdPA: 04/11/05 City Council Agenda Page 1 of 4 " · CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA APRIL 11, 2005 -7:00 PM For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. · NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Councilwoman Johnson 3. Pledge - Councilwoman Johnson 4. Special Presentations Proclamation - Child Abuse Prevention Month, Tammy Alvarado 5. Citizens Presentation 6. Removal of Item(s) from the Consent Agenda · 04/11/05 City Council Agenda Page 2 of 4 , · · · . NUMBER ITEM ACTION TAKEN 7. Consent a. Minutes of the March 28, 2005 Council Agenda Meeting GN 2005-036 b. Approve Settlement Agreement Between Steering Committee of Cities Served by TXU and TXU Electric Delivery - Resolution No. 2005-028 PU 2005-016 c. Award of Contract to DV Dallas in the amount of $50,071.74 for the Security Camera Project - Resolution No. 2005- 029 PU 2005-017 d. Award of Bid to Dr Pepper Bottling Company as Beverage Company for the Parks and Recreation System - Resolution No. 2005-030 PU 2005-018 e. Award Bid for Annual Utility Materials Supply Contract to Hughes Supply Company - Resolution No. 2005-031 PU 2005-019 f. Award Bid for Annual Uniform Cleaning Contract to Dry Clean Super Center Cleaners - Resolution No. 2005-032 PU 2005-020 g. Award Annual Food Supply Contract for NRH20 and Police Detention Facility to Ben E. Keith Foods - Resolution No. 2005-033 PU 2005-021 h. Authorize Interlocal Purchasing Agreement with the City of Watauga - Resolution No. 2005-034 Public Hearing and Consideration of a Request 8. ZC 2005-03 from Rod Munsell for a Zoning Change from "AG" Agricultural to "0-1-NR-PD" Non Residential Planned Development for "0-1" Office District Uses and a Veterinarian Clinic with Enclosed Kennels (Located at 8301 Davis Boulevard - 1.1 acres) - Ordinance No. 2827 Public Hearing and Consideration of a Request 9. SUP 2005-01 from North Hills Hospital for a Special Use Permit (SUP) to Utilize a Non-Approved Exterior Building Material (Located at 4401 Booth Calloway Road) - Ordinance No. 2828 04/11/05 City Council Agenda Page 3 of 4 . . e ,. NUMBER ITEM ACTION TAKEN Consideration of a Request by Life Church for 10. SP 2005-01 Site Plan Approval of Proposed Church on Lot 1 Block 1, House of Grace Addition (Located at 7850 Davis Boulevard - 11.409 acres) Intent to Reimburse Expenditures with Proceeds 11. GN 2005-038 Of Future Debt - Resolution No. 2005-035 12. Information and Reports - Councilwoman Cox IR 2005-047 Staff Report on Status of New Library Design & Construction (Follow up from March 28, 2005 Citizen's Presentation) 13. Adjournment POSTED ~~, (}~'\ M(JQ ffatE> II,' 46 J'hIU . Time By ~'ty Se"."", /fµ¡T; . //t¡¿) / 04/11/05 City Council Agenda Page 4 of 4 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR #2005-046 ~ Date: April 11, 2005 Subject: Discuss Details of Settlement Agreement Between Steering Committee of Cities Served By TXU and TXU Electric Delivery The City has received a Settlement Agreement from TXU Electric Delivery in response to a rate inquiry filed by 20 cities last fall. This is agenda item GN 2005-036 on the regular Council agenda. We would like to discuss the details of the agreement as well as answer any question you may have. Respe ully Submitted, Æn Bostic [- Managing Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR2005-050 * Date: April 11 , 2005 Subject: Update by Richard Ruddell, President/Executive Director of Fort Worth Transportation Authority (the T), Regarding Cotton ~elt Commuter Connection between Downtown Fort Worth and Dallas/Fort Worth Airport and the T's Involvement in Public Transit Matters. The Fort Worth Transportation Authority, better know as "the T,': continues to playa significant role in regional transportation and public transit issues. Not the least of which is the proposed and much anticipated use of the Cotton Belt Railroad to create a commuter link between Downtown Fort Worth and the Dallas/Fort Worth International Airport. The T's President and Executive Director, Mr. Richard Ruddell, will provide City Council with a presentation covering the proposed Cotton Belt commuter rail link as well as possible locations of rail stations location along the line. He will also update the Council concerning the T's involvement with NETS (Northeast Transportation Service) and it's commitment to regional transportation and public transit initiatives. Please feel ee to call if you need any additional information. ISSUED BYTHE CITY MANAGER NORTH RICH LAND HILLS, TEXAS MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST e LOOP 820 - MARCH 28, 2005 e e PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 28th day of March, 2005 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino David Whitson John Lewis Jo Cox Suzy Compton JoAnn Johnson Nancy Bielik Timothy J. Welch Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson Alicia Richardson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Dave Green Vickie Loftice Thomas Powell Drew Corn John Lynn Bill Thornton Richard Abernethy Call to Order Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilwoman Councilman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Public Information Officer Director of Development Finance Director Public Works Director Director of Planning Parks & Recreation Director Support Services Director Budget Director Interim Police Chief Assistant Parks & Recreation Director Assistant to City Manager Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m. Councilwoman Johnson present at 6:03 p.m. 1. Discuss items from Regular March 28.2005 City Council Meeting Agenda Item 10 - GN 2005-031 - Councilwoman Bielik questioned Section 2f of the resolution. Councilwoman Bielik questioned if ineligible property inventory included all City Council Minutes March, 28 2005 Page 2 e inventory paid through business personal property taxes. Mr. Pitstick advised personal property would still be eligible; that it was the business personal property tax with the inventory subtracted. Agenda Item 7b - GN 2005-028 - Councilwoman Cox asked how election officials are determined. Ms. Hutson explained that unlike federal and state elections, election officials for city elections are not associated with a political party affiliation. The officials recommended for the upcoming city election have worked in previous city elections. Several years ago when the city was in need of election officials and workers, citizens were recruited to work through the city newsletter. Tarrant County Elections Office has also provided names of officials who have worked for them or expressed an interest in working elections. Agenda Item 7c -.GN 2005-029 - Councilwoman Cox questioned what kind of equipment is purchased by cities. Mr. Lynn explained the equipment purchased is basic equipment such as supplies, traffic cones, etc.. Agenda Item 9 - GN 2005-030 - Councilwoman Cox stated there was over a fifty percent difference in the impact fees compared to five years ago and questioned why the big change. Mr. Curtis explained the sixty percent difference referred to is the adopted amount. The City Council approved previously the adopted fee at 25% of the maximum calculated fee. Staff is recommending Council adopt the fee at 50%. e Agenda Item 14 - PW 2005-003 - Councilwoman Cox stated she understood part of the project was funded by a grant and funding for the remainder of the project was shared with the City of Keller. Councilwoman Cox questioned where the City's portion of the project was funded. Mr. Curtis advised it was funded from bond funds. 2. IR 2005-044 Discussion of Site Plan ApDroval Process e Mr. Green advised that staff has received inquires from the development community concerning the limiting of the site plan approval process to the staff or Planning & Zoning Commission level of review. Council also discussed streamlining the process at the recent goals work session to make it more efficient. Currently site plan approval is required by the Planning & Zoning Commission and City Council for new commercial development or redevelopment that 1) exceeds 75% of the assessed value of the property; 2) is located on property within 200 feet of residential zoning or property shown on the Comprehensive Plan to become residential; or 3) any addition to the square footage of an existing commercial building exceeding 30% and located with 200 feet of residential zoning. The site plan approval process is not a public hearing and does not require notification of property owners. Site plans are required to meet all current ordinance requirements and no variances may be requested. The site plan approval process takes as much time as a zoning case or a plat because of Planning & Zoning and Council meeting scheduling requirements. If the process were to be modified to eliminate Council approval, the process would be shortened by an average e e e City Council Minutes March, 28 2005 Page 3 of three and one-half weeks. If it were further modified to eliminate the Planning & Zoning Commission from the approval process, another four weeks could be cut from the process. Staff is requesting direction from Council as to their desires to streamline and modify the approval process. After discussion by Council, the consensus was for Staff to look at what other cities are doing and to address the possibility of a way for Council to review or receive some type of summary report without the applicant having to go through the long approval process and consider asking for input from developers. 3. IR2005-045 Discuss Pilot Proaram for Outsourcina Parks Mowinç¡ Ms. Loftice advised the Parks Department is interested in maximizing full use of available resources in the most effective and efficient way possible. In the current year's budget, the Parks Department has four newly approved mid-year park maintenance positions. Instead of hiring those four positions as planned in April, Staff would like to use the funds associated with those positions to outsource general mowing, trimming and edging. Staff feels that this approach can provide an opportunity to improve productivity and efficiency. Mr. Thornton presented a PowerPoint presentation addressing the benefits of outsourcing. Council was advised the outsourcing would be a pilot program and the program would be evaluated during fiscal year 2005/06 to measure the success of the program and its continuation. After discussion by Council, consensus was for Staff to proceed with the program. Staff will proceed with bidding the mowing services and bring back for Council approval. 4. Executive Session Mayor Trevino announced at 6:40 p.m. that the Council would adjourn to Executive Session as authorized by Texas Government Code Section 551.087 for deliberation regarding economic development negotiations for the purpose of discussing the North Hills Mall Redevelopment Agreement. 5. Adiournment Mayor Trevino announced at 7:03 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order March 25, 2005 at 7:10p.m. e e e City Council Minutes March, 282005 Page 4 ROLL CALL Present: Oscar Trevino David Whitson John Lewis Jo Cox Suzy Compton JoAnn Johnson Nancy Bielik Timothy J. Welch Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilwoman Councilman Staff: Larry J. Cunningham Richard Torres Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Councilwoman Compton gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilwoman Compton led the pledge of allegiance. 4. SPECIAL PRESENTATIONS PROCLAMATION - NATIONAL ANIMAL CONTROL APPRECIATION WEEK Councilman Welch presented Animal Center Supervisor Tommy Miller with a proclamation proclaiming April 11-17, 2005 as National Animal Control Appreciation Week. e e e City Council Minutes March, 282005 Page 5 5. CITIZENS PRESENTATION Mr. John Propp, 8220 Euclid Avenue, inquired about the construction timeline for the construction of the Library to be built in Hometown. Mayor Trevino asked City Manager Larry Cunningham to either s~nd a letter or set up a meeting with Mr. Propp to inform him of the construction timeline. Councilwoman Johnson asked Mr. Cunningham to provide information to all citizens as there may be other citizens who would find information beneficial. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE MARCH 07, 2005 COUNCIL MEETING B. GN 2005-028 APPOINTMENT OF ELECTION JUDGES - RESOLUTION NO. 2005-026 C. GN 2005-029 APPROVE COOPERATIVE DRIVER TRAINING INTERLOCAL AGREEMENT - RESOLUTION NO. 2005-018 D. GN 2005-034 APPROVE ABANDONMENT OF A SANITARY SEWER EASEMENT LOCATED NEAR THE FOREST GLENN WEST, PHASE 1 AND FOREST GLENN WEST, PHASE 2 DEVELOPMENTS - ORDINANCE NO. 2825 E. PU 2005-009 AWARD ANNUAL CONTRACT FOR TOP SOIL, SAND AND FLEX BASE TO HJG TRUCKING - RESOLUTION NO. 2005-020 F. PU 2005-011 AWARD BID FOR TRACTOR/LOADER BACKHOES TO CONTINENTAL EQUIPMENT IN THE AMOUNT OF $101,254 G. PU 2005-012 AWARD BID FOR ASPHALT PAVER TO ROMCO EQUIPMENT IN THE AMOUNT OF $93,350 e e e City Council Minutes March, 28 2005 Page 6 H. PU 2005-012 AWARD BID FOR ANNUAL SHIRT CONTRACT TO ACTIVE IMPRESSIONS -RESOLUTION NO. 2005-021 I. PU 2005-013 AUTHORIZE MODIFICATION TO DEPOSITORY CONTRACT WITH BANK OF AMERICA FOR CREDIT CARD TRANSACTION· PROCESSING SERVICES - RESOLUTION NO. 2005-019 J. PU 2005-014 AWARD BID FOR ANNUAL CONTRACT TO PRINT VARIOUS CITY NEWSLETTERS AND BROCHURES - RESOLUTION NO. 2005-024 K. PU 2005-015 AWARD BID FOR TRAFFIC MATERIALS SUPPLY CONTRACT- RESOLUTION NO. 2005-022 L. PAY 2005-002 APPROVE FINAL.PAYMENT TO N.G. PAINTING, L.P. IN THE AMOUNT OF $31,295.00 FOR THE BOOTH CALLOWAY 2.0 MG GROUND STORAGE TANK REHABILITATION PROJECT MAYOR PRO TEM WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN BIELIK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 8. LRB 2005-001 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM NORTH HILLS HOSPITAL FOR A VARIANCE FROM LANDSCAPE ORDINANCE NO. 2473 IN THE 7700 BLOCK OF RODGER LINE DRIVE APPROVED Mayor Trevino opened the public hearing. Nature of request is to expand an existing parking lot from 204 spaces to 355 parking spaces. The parking lot is being expanded to accommodate additional required parking spaces necessary for the hospital's expansion project and loss of spaces to equipment and material storage for hospital's expansion. Applicant is requesting a variance from the 15' landscaped setback along Rodger Line Drive and a variance from providing street trees and parking lot screening in the 15' setback along Rodger Line Drive. In lieu of providing the 15' landscape and parking lot screening applicant is proposing an increase (60% above requirement) in the amount of landscaping within the parking lot. Mr. David Littleton, representing applicant, was available to answer questions from council. e e City Council Minutes March, 282005 Page 7 Director of Planning Dave Green advised council the hospital has worked with staff to maintain a twenty foot wide open space on the west side of proposed parking lot in an effort to preserve the required area needed for a future hike and bike trail. Staff is in support Qf hospital's variance due to their efforts to grant the required space needed to support a hike and bike trail through the hospital campus; hospital's eagerness to ease the amount of visitor/patient parking in the adjacent neighborhood streets; their effort to exceed all other landscaping requirements by providing significantly more landscaping features. than required by ordinance; and their desire to provide a modern, consistent, streetscape along Rodger Line Drive. Mr. Green was available to answer questions from Council. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILWOMAN BIELlK MOVED TO APPROVE LRB 2005-001. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 9. GN 2005-030 PUBLIC HEARING AND CONSIDERATION FOR COMPREHENSIVE LAND USE PLAN, IMPACT FEE CIP PROGRAM AND IMPACT FEE RATES - ORDINANCE NO. 2826 APPROVED Mayor Trevino opened the public hearing. Nature of request is a requirement of Senate Bill 243 which was passed in September 2001, which states that municipalities review their Capital Improvement Plan (CIP) and impact fees every five years and update if necessary. The maximum time allowed between updates is 10 years and the last update to North Richland Hills plan was completed in 1997. Ordinance No. 2826 sets the water impact fee to $1,087 and the wastewater impact fee to $306 effective beginning April 1, 2005. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. Public Works Director Mike Curtis was available to answer questions from council. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2826 AND SET THE WATER IMPACT FEE TO $1,087 AND THE WASTEWATER IMPACT FEE TO $306 EFFECTIVE BEGINNING e APRIL 1,2005. COUNCILMAN WELCH SECONDED THE MOTION. City Council Minutes March, 28 2005 Page 8 e MOTION TO APPROVE CARRIED 7-0. 10. GN 2005-031 APPROVE RESOLUTION REVISING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENTS IN REINVESTMENT ZONES CREATED IN THE CITY OF NORTH RICH LAND HILLS - RESOLUTION NO. 2005-025 APPROVED Nature of request is to approve a resolution revising guidelines and criteria for granting tax abatements in reinvestment zones to allow up 100% property tax abatements in redevelopment areas. The current guidelines only allow up to 50% property tax abatements throughout the city. Economic Development Director John Pitstick was available to answer questions from council. COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION No. 2005..025. COUNCILWOMAN COMPTON SECONDED THE MOTION. e MOTION TO APPROVE CARRIED 7-0. 11. GN 2005-032 APPROVE 2005 BYRNE JUSTICE ASSISTANCE GRANT PROGRAM AWARD INTERLOCAL AGREEMENT - RESOLUTION NO. 2005-017 APPROVED Nature of request is to approve resolution authorizing city's participation in a joint application for a grant award under the 2005 Byrne Justice Assistance Grant (JAG). Interim Police Chief John Lynn was available to answer any questions from council. COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION NO. 2005-017. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. e City Council Minutes March, 28 2005 Page 9 e 12. GN 2005-033 APPOINTMENT TO PLANNING & ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE - EX OFFICIO POSITION APPROVED City Secretary Patricia Hutson advised council the ex officio position is vacant and Mayor Trevino is recommending Mike Benton be appointed to position with term expiring June 30, 2006. COUNCILWOMAN COMPTON MOVED TO APPOINT MIKE BENTON TO THE EX OFFICIO POSITION FOR THE PLANNING AND ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 13. GN 2005-035 CONSIDERATION AND ACTION ON REDEVELOPMENT INCENTIVE AGREEMENT - RESOLUTION NO. 2005-027 APPROVED e Nature of request is to take formal action on item discussed in Executive Session and relating to economic development negotiations for North Hills Mall Redevelopment Agreement. Assistant City Manager Richard Torres introduced Bob Ginsburg with C.B. Richard Ellis. Mr. Torres advised council Mr. Ginsburg would review the proposed rendering of the new development. Mr. Ginsburg summarized artist rendering and the theme in which applicant is leaning towards for the new development. Mr. Ginsburg discussed the development would include mixed development and a fountain. Mr. Torres outlined agreement for council and the public. MAYOR PRO TEM WHITSON MOVED TO APPROVE RESOLUTION No. 2005-027. COUNCILWOMAN JOHNSON SECONDED THE MOTION MOTION TO APPROVE CARRIED 7-0. e City Council Minutes March, 282005 Page 10 e 14. PW 2005-003 APPROVE INTERLOCAL AGREEMENT WITH THE CITY OF KELLER FOR THE DESIGN OF NORTH TARRANT PARKWAY FROM DAVIS BOULEVARD TO WHITLEY ROAD - RESOLUTION NO. 2005-023 APPROVED Nature of request is to enter into an interlocal agreement with the City of Keller for the design of North Tarrant Parkway excluding portion covered by grant (an amount not to exceed $725,000). The agreement will define how the local match will be paid by Cities of North Richland Hills and Keller; designate North Richland Hills as the administrator of the grant; local match will be divided between the parties with the cost of designing North Tarrant Parkway between the east right-of-way line of Smithfield Road and the North Richland Hills-Keller city limit line where it crosses North Tarrant Parkway west of Smithfield Road being divided evenly and the cost of the' balance of the project to be divided between the cities, based on estimated construction costs within each city of the remainder of the project; if local match is required to be deposited before apportionment of costs can be determined, both cities shall pay one half of such local share and parties agree to share expenses not covered by the grant or local match. Mr. Curtis was available to answer questions from council. e MAYOR PRO TEM WHITSON MOVED TO APPROVE RESOLUTION NO. 2005-023. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7..(). 15. PW 2005-004 APPROVE LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR NORTH TARRANT PARKWAY (DAVIS BOULEVARD TO WHITLEY ROAD) APPROVED Nature of request is related to agenda item 14. The grant received requires the city to execute a Local Transportation Project Advance Funding Agreement (LPAFA) with the State. The LPAFA defines the responsibilities of both the State and the City of North Richland Hills. Mr. Curtis was available to answer questions from council. COUNCILMAN LEWIS MOVED TO APPROVE PW 2005-004. COUNCILWOMAN BIELIK SECONDED THE MOTION. e MOTION TO APPROVE CARRIED 7..(). e e e City Council Minutes March, 282005 Page 11 16. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL Council took action on Agenda Item No. 13. 17. INFORMATION AND REPORTS Councilman Lewis made the following announcements. Dan Echols Senior Center is hosting a Springfest Health Fair on Friday, April 1 , from 8:30 a.m. to 1 p.m. Please join us for free health screenings including blood sugar, vision, hearing and more. For more information, please call 817-281-9267. Keep North Richland Hills Beautiful is sponsoring the annual Great American Cleanup event on Saturday, April 2. Neighborhood associations, schools, civic groups, scout troops, and employee groups are encouraged to participate and remove trash and litter from neighborhoods, workplaces and other public spaces across North Richland Hills. Volunteer groups should register and pick up supplies in advance at the Neighborhood Services Office. For more information, please call 817-427-6651. The City of North Richland Hills kicks off spring with a free concert series at Green Valley Park, 7701 Smithfield Road. Join us for Key West on April 8 and Empty Pockets on April 22. All concerts begin at 7 p.m. Admission is free. Please bring your own lawn chairs and blankets. For more information, please call 817-427-6614. The NRH Recreation Center will hold a Spring Break Camp from 7:30 a.m.-5:30 p.m. April 11-15. Activities include games, crafts, field trips and fun. For more information, please call 817-427-6600. Kudos Korner - Jimmy Cates and Staff, Public Works Department A North Richland Hills resident e-mailed his thanks and appreciation for the Public Works employees who quickly responded to a storm drain problem. He said he reported the problem one day and by the next day it was fixed. e e e City Council Minutes March, 28 2005 Page 12 17. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:59 p.m. ATTEST: Oscar Trevino - Mayor Patricia Hutson - City Secretary · .. CITY OF NORTH RICHLAND HILLS Department: City Manaç¡er's Office Council Meeting Date: 4/11/2005 Subject: Approve Settlement Aç¡reement Between Steerinç¡ Agenda Number: GN 2005-036 Committee of Cities Served By TXU ~nd TXU Electric Delivery - Resolution No. 2005-028 The City of North Richland Hills is a member of a 110 member city coalition known as the Steering Committee of Cities Served by TXU. The Steering Committee has been in existence since the late 1980's. It took on a formal structure in the early 1990s when TXU Cities gave up their statutory right to rate case expense reimbursement in exchange for higher franchise fee payments. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate for approximately 17 years before the Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters dealing with TXU. After months of consideration in 2004, the Steering Committee recommended that TXU be forced into a full scale review of its historic cost of service, something that had not occurred in more than a decade. To facilitate the efforts of the Steering Committee, twenty (20) cities passed resolutions requiring TXU Electric Delivery to show cause why the non- bypassable transmission and distribution charges should not be reduced. The rate inquiry was justified by several factors. First, the PUC had thrown municipal accounts in with broader commercial services in the 2001 rate proceedings that led to the deregulated environment. This led to application of unfair demand ratchets and higher charges for water pumping. It also led to higher charges for street lighting. Second, TXU had filed earnings monitoring reports at the PUC that established the Company was over- earning. Third, the Company had recently gone through a massive reorganization and the hypothetical cost structures the PUC had used to justify current rates in 2001 were no longer valid. Information was to have been filed by TXU with the 20 cities initiating the rate review in late November 2004. Assuming that the cities that reviewed that material would have passed ordinances reducing rates in the January-February time frame, appeals to the PUC would have been triggered that would have led to a statewide rate case in the summer of 2005. A final order would have been expected in mid to late 2006. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget {¡!t~(1 5tJL Account Number Sufficient Funds Available De artment Head Si nature ~ß P",nQ 1 ",f ~ CITY OF NORTH RICHLAND HILLS The Steering Committee and TXU began settlement discussions last fall and before Thanksgiving sufficient progress had been made to justify delaying the required rate filing. A Settlement Agreement was signed on February 22, 2005. The Agreement postpones or abates the statewide rate proceeding for approximately 14 months. In exchange for abating its rate inquiry, the cities have been promised rate design changes to be proposed to the PUC that should significantly reduce future electric charges. The Agreement also includes certain lump sum payments by TXU to the Steering Committee. As soon as all original jurisdiction city members of the Steering Committee approve the Settlement Agreement, TXU will pay $8.5 million to the Steering Committee. The Steering Committee will distribute funds back to members by: (1) providing an amount equivalent to 25% of the total street lighting revenues collected by TXU in 2004; (2) holding back $100,000 for committee expenses including attorney fees; and (3) distributing the residual based upon per capita participation in the Steering Committee. Since all prior assessments have been on a per capita basis, it was believed that this manner of distribution would be the fairest to all cities. North Richland Hills will receive $80,274 this year. Additional payments to the Steering Committee of $8 million are expected in 2006 and 2007. These payments will also be distributed to the Steering Committee cities. There is no one factor that tilted the Steering Committee toward accepting a Settlement with TXU. Instead, all of the following factors were influential: 1. Most residential customers remain on price to beat (PTB) rates. Cost of service rate reductions cannot be shared with PTB customers until after January 1, 2007. Neither a litigated outcome nor a settlement will benefit PTB customer before that date. 2. The settlement delays rather than terminates a rate review. TXU must file a statewide case on or before July 1, 2006. The settlement provides that the Company must cooperate with cities in the interim period before the rate filing by funding a cities' consultant to evaluate affiliate transactions of TXU. Additionally, the Company must provide up to $2 million of reimbursement of cities' future rate case expenses. Without the settlement, the Steering Committee would have to make assessments to raise a comparable amount of money. 3. Cities have been consistently treated unfairly in the cost allocation/rate design process associated with the transition from regulated to competitive industry. This is especially true with regard to street lighting and water pumping. The settlement guarantees that TXU will propose fixes to those tariff problems when it files its rate case. That is particularly significant since rate design issues typically do not receive adequate consideration in a rate case. The settlement provides specific relief to cities that would be difficult to obtain in a rate case. 4. TXU has agreed to provide the steering Committee $8.5 million after approval of the Settlement Agreement is obtained from cities. A payment of $8 million will be paid in 2006 and a third payment in 2007 will be based on $8 million pro rata to the point of a final rate order from the Public Utility Commission. CITY COUNCIL ACTION ITEM P",nQ ') nf ~ CITY OF NORTH RICHLAND HILLS 5. Cities Aggregation Power Project (CAPP) has an extremely important legislative agenda. Four bills have been drafted by CAAP. The potential benefit to residential customers and the cities where they reside exceed benefits expected from a rate case. It is better to postpone the rate case and concentrate current efforts on the Legislature. Recommendation: Approve Resolution No. 2005-028. CITY COUNCIL ACTION ITEM n___ .., ....Ç. ") e e e RESOLUTION NO. 2005-028 WHEREAS, the City of North Richland Hills, Texas (City) is a member of the Steering Committee of Cities served by TXU (Steering Committee); and WHEREAS, the Steering Committee did encourage certain member cities to initiate show cause rate proceedings against TXU (Electric Delivery); and WHEREAS, Electric Delivery and the Steering Committee engaged in settlement discussions regarding abatement of any full-scale rate investigation and interim relief that may be available to Cities; and WHEREAS, it remains impractical, if not impossible, to deliver rate relief to the vast majority of residential customers until the expiration of price to beat (PTB) on January 1,2007; and WHEREAS, the unfair and adverse impacts of street lighting and water pumping tariffs that Cities have experienced since the implementation of retail deregulation on January 1, 2002 can be addressed on an interim basis pending a final order in a future rate case through a financial distribution from the Steering Committee of funds received from Electric Delivery as part of a Settlement; and WHEREAS, the coupling of interim relief with the Steering Committee's recognition that resources should be devoted to the 2005 Legislative Session to promote overall enhancements in electric retail competition for the benefit of all end-users; and WHEREAS, the Steering Committee and Electric Delivery has entered into a Settlement Agreement pending approval by the 20 Cities that passed show- cause resolutions and ratification by other member cities with original jurisdiction; and WHEREAS, Electric Delivery has agreed to improve communication, coordination and timing of construction in rights-of-way, permit development of a tariff that will allow city mandated underground placement of distribution facilities, modify certain franchise renewal negotiation positions and improve meter reading on certain city accounts that are estimated; and WHEREAS, Electric Delivery has committed to the Steering Committee during the period of rate case abatement to share information on certain company operations and procedures that should enhance the Cities' ability to appropriately exercise regulatory responsibilities in the rate proceeding that Electric Delivery has agreed to file on or before July 1, 2006; and e e e WHEREAS, that Agreement calls for immediate and long-term benefits to flow to all city members of the Steering Committee which in turn have indirect but positive benefit to all city residents and public safety in general. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. The Settlement Agreement between the Cities' Steering Committee and TXU Electric Delivery is hereby approved. PASSED this 11 th day of April, 2005 by the City Council of the City of North Richland Hills, Texas. Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM: George Staples, City Attorney APPROVED AS TO CONTENT: Karen Bostic, Managing Director e e e '. SETTLEMENT AGREEMENT This Settlement Agreemënt ("Agreement") is made and entered into between TXU Electric Delivery Company ("Electric Delivery") and the Steering Conunittee of Cities Served by TXU Electric Delivery Company on behalf of all cities listed on Exlùbit A to this Agreement ("Cities"), hereinafter refeITed to jointly herein as "Signatories." WHEREAS, the city councils of 23 cities who are members of Cities passed resolutions in 2004 requiring Electric Delivery to file with those cities infonnation that demonstrates good cause for showing that Electric Delivery's transmission and distribution rates should not be reduced (hereinafter referred to as "Show Cause Actions'~; WHEREAS, other cities who are members of Cities are contemplating initiating similar Show Cause Actions against Electric Delivery; WHEREAS, Cities and Electric Delivery desire to resolve all outstanding issues related to the existing and potential Show Cause Actions and other regulatory issues; and WHEREAS, after extensive negotiations, Cities and Electric Delivery have reached a compromise and settlement to resolve those issues. NOW, THEREFORE, the Signatories, through their undersigned representatives, hereby agree to the following: 1. Electric Delivery agrees to propose and support in its next system-wide rate case or city rate inquiry one or more mUIÙcipal rates, each without a demand ratchet, that together will cover all municipal accounts, including a street lighting rate and municipal pwnping rate that will be lower than they otherwise would be. Cities agree to provide to Electric Delivery any infonnation needed to design the rates described in this paragraph. 2. Electric Delivery agrees to file a system-wide rate case at the Public Utility Commission of Texas ("PUC") no later than July 1, 2006, based on a test year ending December 31, 2005 unless Cities and Electric Delivery mutually agree that such a filing is unnecessary. For those cities that do not have a City Council meeting in July, 2006, Electric Delivery will extend its effective date to accomplish suspension by August 31, 2006. However, if Electric Delivery files a system-wide rate case at the PUC on or before June 1,2006, then Electric Delivery will not extend its effective date. 3. Cities agree that Electric Delivery is not required to respond to any pending Show Cause Action initiated by any city listed on Exlùbit A to this Agreement prior to July I, 2006. Cities further agree to abate or dismiss all pending Show Cause Actions, not to pursue any abated Show Cause Actions, and not to initiate similar actions before July 1,2006, provided the provisions of this Settlement Agreement are honored. Cities agree not to intervene in, or participate in any manner in, any show cause action initiated at the PUC or in any other jurisdiction prior to the proceeding described in paragraph 2, or in any appeals of such show cause actionS, except as necessary to protect the tariff or tariff-efforts associated with paragraph 1 or to protect the city or 1 e its residents from being prejudiced in any show cause action pending on appeal at the PUC. If Cities intervene in a show cause action pending on appeal at the PUC, then Cities agree not to take any position in that proceeding that is inconsistent with its obligations WIder this Settlement Agreement. 4. In consideration for Cities' obligations wuier this Agreement, Electric Delivery agrees to make a cash payment of$8.5 million to Cities by the later of March 31, 2005 or two weeks after receiving notice from Cities that (1) all cities listed on Exhibit B to this Settlement Agreement have abated or dismissed show cause actions pending against Electric Delivery, and (2) each city on Exhibit C to this Settlement Agreement has passed a resolution ratifiying this Settlement Agreement or provided to Cities a letter in substantially the same fonn as Exhibit D to this Settlement Agreement that has been signed by an authorized representative of the city. Starting March 31, 2006, and each March 31&1 thereafter, Electric Delivery will make an annual cash payment of $8 million to Cities. Electric Delivery's obligation to make this payment ceases on the date upon which Cities fail to comply with their obligations under this Agreement or the date upon which the tariffs approved in Electric Delivery's next system-wide rate case at the PUC or in a city rate inquiry become effective on a temporary or pennanent basis ("Termination Date"); provided, however, in the year the new tariffs become effective, the annual payment shall be prorated until the Termination Date. e 5. Electric Delivery agrees to w'.'rk with Cities to improve the timeliness of streetlight maintenance and to develop a proceSJ so that every city-owned and Electric Delivery-owned street light is assigned an identifiable geographic location. Signatories agree to establish a task force of senior employees that will develop, by JWle 30, 2005, the process and planned rollout for the street light assignment project. Electric Delivery also agrees to provide to Cities a specific contact person (or persons) within Electric Delivery who will be responsible for handling all unresolved Cities' requests with respect to streetlights, including, but not limited to, billing, maintenance, installation, removal, and account initiation and closure. Signatories agree to diligently pursue resolution of the issues discussed in this paragraph; however, failure to reach an agreement with respect to these issues will not constitute a breach of this Settlement Agreement by either Cities or Electric Delivery. 6. Electric Delivery agrees to work with Cities to establish improved communication, coordination, and timing of construction concerning relocations of Electric Delivery's facilities in public right of way. Signatories agree to establish a task force of senior employees that will develop, by June 30, 2005, the process and planned rollout of an improved relocation process. Signatories agree to diligently pursue resolution of the issues discussed in this paragraph; however, failure to reach an agreement with respect to these issues will not constitute a breach of this Settlement Agreement by either Cities or Electric Delivery. 7. Electric Delivery agrees to discuss with Cities the payment of franchise fees on a quarterly basis regardless of whether the basis for a quarterly payment is historic or prospective and the standardization of a franchise renewal process that permits transition from a prospective basis to a historic basis where the franchise is up for renewal. Signatories agree to diligently pursue discussion of the issues discussed in this paragraph; however, failure to reach a resolution . - ~.... e 2 e of these issues will not constitute a breach of this Settlement Agreement by either Cities or Electric Delivery. 8. Electric Delivery agrees to negotiate with Cities, and Cities agree to approve, a tariff that pennits Cities to request W1dergroW1ding of new or existing distribution facilities. The tariff shall ensure full cost recovery by Electric Delivery through a surcharge in the requesting city in the event that no t1úrd party is required by Electric Delivery's tariff, or applicable city ordinance, to pay for W1dergroW1ding costs. That tariff will also allow Cities to request undergrounding of transmission lines to the extent Electric Delivery determines that (a) such undergrounding is feasible, (b) such W1dergroW1ding is consistent with the PUC's Substantive Rules and ERCOT's requirements, and (c) Electric Delivery can recover the costs of such W1dergrounding through a surcharge in the requesting city. Electric Delivery will not be obligated to file the tariff for city approval until after the expiration of the Price to Beat or the modification of the Price to Beat in a manner that allows pass through of tariff charges to the ultimate consumer. 9. Electric Delivery agrees to provide quarterly updates to representatives designated by Cities and their consultants concerning Electric Delivery's capital expenditure projects and affiliate transactions, the creation and regulatory treatment of a Pension and Health Benefits Reserve for Electric Delivery, possible workable parameters for performance based rates for Electric Delivery, and other topics as agreed upon by the Signatories. Electric Delivery will work with Cities to provide information requested by Cities concerning those topics. e 10. Electric Delivery shall pay up to S10,000 per month in regulatory expenses directly to Cities' consultants, after receipt of appropriate documentation and invoices, provided said expenses may be deferred for recovery. Cities agree to support recovery of such costs in Electric Delivery's next rate case. Should recovery be denied by the PUC, then the payments will immediately cease. 11. Electric Delivery agrees to work with Cities to establish better communications between the Cities and Electric Delivery with respect to access to city meters for monthly reading. Each city shall provide in writing, by March 31, 2005, a contact person for inaccessible meters for city accoW1ts, and shall promptly notify Electric Delivery of any change in the contact person. In months where a meter reader is unable to gain access to the premises to read the meter on regular meter reading trips, or in months when meters are not read, Electric Delivery agrees to provide the customer with a postcard and request the customer to read the meter and return the card to Electric Delivery. If the postcard is not received by EleCtric Delivery in time for billing, Electric Delivery may estimate the meter reading and issue a bill. Electric Delivery agrees that all municipal meters will be read at least once every three months by it or by the respective city. The failure of a city to designate a contact person for inaccessible meters affects only that city and does not adversely impact any other city or mitigate responsibilities and benefits otherwise inherent to this Agreement 12. Electric Delivery agrees to reimburse Cities for the expenses incUIred related to the Shuw Cause Actions in an amoW1t not to exceed $100,000 after receipt of appropriate documentatiun and invoices, and Cities agree that those costs can be deferred for recovery in its next rate ..:ase and agree to support deferral and recovery in that case. Notwithstanding any provisions in e 3 e existing applicable ftanchise agreements to the contrary, Electric Delivery agrees to reimburse Cities for reasonable and necessary expenses incurred in Electric Delivery's next rate case in an amoWlt not to exceed $2,000,000. The rate case expense reimbursements will be made monthly, beginning with the first month after the consultants are hired. Cities further agree not to contest the recovery of Cities' rate case expenses and Electric Delivery's reasonable and necessary rate case expenses in Electric Delivery's next rate case. Electric Delivery further agrees to pay, and Cities agrees to accept, $150,000 in settlement of all previously disputed regulatory expenses. Electric Delivery will not seek reimbursement of that $150,000 amount in Electric Delivery's rates. 13. Electric Delivery agrees that, in ftanchise negotiations, it will not seek to extend the prohibition on reimbursement of municipal rate case expenses beyond June 2008. 14. Electric Delivery agrees that if the 2005 Texas Legislature considers the implementation of a nodal pricing system in ERCOT, then Electric Delivery will provide information to the Legislature concerning the importance of a vibrant electric transmission system and the benefits of the expansion of transmission facilities in helping 'to reduce congestion costs. e 15. Signatories acknowledge that Electric Delivery intends to offer certain terms of this Settlement Agreement to cities served by Electric Delivery that are not listed on Exhibit A (''Negotiations''). Electric Delivery agrees that all cities listed on Exhibit A are entitled to Most Favored Nations protection during those Negotiations and that any benefits that Electri~ Delivery agrees to provide to any city during those Negotiations that are not already included in this Settlement Agreement will be offered to all cities listed on Exhibit A. Cities acknowledge and agree that to receive any additional benefits fÌ'om Electric Delivery, additional consideration fÌ'om Cities to Electric Delivery may be required. 16. The Signatories agree that the amounts paid by Electric Delivery to Cities pursuant to paragraphs 4, 10, and 12 of this Agreement are paid solely in consideration for Cities' abatement or dismissal of, and forbearance from filing or pursuing. Show Cause Actions against Electric Delivery and Cities' agreement to abide by the terms of this Agreement, and to reimburse Cities' expenses associated with the Show Cause Actions and other regulatory proceedings. To the extent that the amounts paid may be in excess of Cities' expenses, the excess is paid solely in order to settle the matters that are the subject of this Agreement. Signatories recognize and agree that the payments specified in this Agreement are not a rate reduction, refund, rebate, discount, preference or privilege of any kind for services provided by Electric Delivery or any of its affiliates or predecessors in interest under any tariff: whether in the past, now, or in the future. As such, the provision of electric delivery service to Cities by Electric Delivery or any affiliate or predecessor has been and will continue to be govemed solely by the rates, terms, and conditions of the applicable tariffs. 17. Cities agree that for a ten-day period following the date this Settlement Agreement is executed, neither Cities nor the cities listed on Exhibit A will make any public statements or take any public action concerning the existence of a settlement or the terms of the Settlement Agreement. . e 4 e 18. TIris Agreement shall become effective OIÙy upon the execution of this Agreement and the entry of resolutions or orders abating or dismissing the Show Cause Actions. 19. Each person executing this Agreement represents that he or she is authorized to sign this Agreement on behalf of the party represented. 20. The Signatories expressly acknowledge and agree that oral and written statements made by any party or its representative during the course of the settlement negotiations that led to this Agreement cannot be·used or portrayed as an admission or concession of any sort and shall not be admissible as evidence in any proceeding in any forum. Executed on this the '2. r;, day of February, 2005, by t"e Signatories hereto, by and through their undersigned duly authorized representatives. TXU Electric Delivery Company Steering Committee of Cities Served by TXU Electric Delivery Company on behalf of all . cities listed on Exhibit A to this Agreement hl-¡kl ~ e e s e e _' . JJ'" e Exhibit A City of Addison City of Allen City of Alvarado City of Andrews City of Archer City City of Arlington City of Belton City of Benbrook City of Big Spring City of Breckenridge City of Bridgeport City of Brown wood City of Buffalo City of Burkburnett City of Burleson City of Caddo Mills City of Cameron City of Canton City of CarroUton City of Celina City of CenterviUe City of Clebume City of CoUeyviUe City ofCollinsviJle City of Comanche City of Corinth City of Crowley City of Dallas City ofDalworthington Gardens City of DeLeon City of Denison City of Early City of Eastland City of Edgecliff Village City ofEuless City of Farmers Branch City of Flower Mound City of Forest Hill City of Fort Worth City of Frisco City of Frost City of Glenn Heights City of Grand Prairie City of Granger City of Grapevine City of Gunter City of Harker Heights City of Heath City of Henrietta City of Hewitt City of Highland Park City of Honey Grove City of Howe City of Hurst City of Hutto City of Irving City of Jolly City of Josephine City of Justin City of Kaufman City ofK.eller City ofKerens City of Lakeside City of Lamesa City of Lindale City of Little River Academy City of Luella City of Malakoff City of Mansfield City of McKinney City of Midland City of Milford City of Murphy City of Murchison City of New Chapel HiU City of North Richland Hills City of O'Donnell City of Oalc Leaf City of Oak Point City of Odessa City of Ovilla City of Palestine City of Pant ego City of Paris City of Plan 0 City of Ranger City of Rhome City of Richardson City ofRichland Hills City of Roanoke City of Robinson City ofRockwall City of Rosser City of Rowlett City of Sherman City of Snyder City of Southlake City of Sulphur Springs City of Sunnyvale City of Sweetwater City of Temple City of The Colony City of Tyler City of University Park City of Venus City of Waco City ofWatauga City of White Settlement City of Wichita Falls City of Wood way Exhibit B e City of Arlington City of Benbrook City of Brown wood City of Burleson . City of Carroll ton City of Dallas City of Dalworthington Gardens City of Denison City of Ft. Worth City of Harker Heights City of Heath City ofPantego City of Plano City ofRichland Hills City of Robinson City ofRockwall City of Snyder City of Sulphur Springs City of The Colony City of Woodway e e .. ' . I Exhibit C e e City of Addison City of Allen City of Andrews City of Archer City City of Belton City of Big Spring City of Breckenridge City of Bridgeport City of Burkbumett City of Celina City of Cleburne City of Colleyville City of DeLeon City of Early City of Eastland City of Euless City of Farmers Branch City of Flower Mound City of Forest Hill City of Frisco City of Glenn Heights City of Grand Prairie City of Grapevine City ofHemietta City ofHigbland Park City of Howe City of Hurst City of Irving City of Keller City of Lakeside City of Lamesa City ofLindale City of Little River Academy City of Mansfield City of McKinney City of Midland City of Mwphy City of North Richland Hills City of Oak Point City of O'Donnell City of Odessa City of Palestine City of Paris City of Richardson City of Roanoke City of Rowlett City of Sherman City of South1akc City of Sunnyvale City of Sweetwater City of Temple City of Tyler City of University Park City of Waco City ofWatauga City of White Settlement City of Wichita Falls e e e e EXHmIT D March -,2005 Mr. Geoffrey Gay Lloyd Gosselink Blevins Rochelle Baldwin & Townsend, P.C. 111 Congress Avenue, Suite 1800 Austin, Texas 78701 Re: Settlement Agreement between Steering Committee of Cities Served by Dill Electric Delivery and TXU Electric Delivery Company Dear Mr. Gay: I hereby acknowledge that the Steering Committee of Cities Served by TXU Electric Delivery has the authority to act on behalf of the City of in the"negotiation and execution of a settlement agreement with TXU Electric Delivery Company, dated February 22, 2005. I also represent that I am duly authorized by the City of to sign this letter. Sincerely, [Name] [Position] ,of . CITY OF NORTH RICHLAND HILLS " Department: Parks and Recreation Council Meeting Date: 4/14/05 Subject: Award of Contract to DV Dallas in the Amount of Agenda Number: PU 2005-016 $50,071.74 for the Security Camera Project Resolution No. 2005-029 Included in the FY 2004/05 Parks and Recreation Capital Improvement Program is funding for purchase and installation of security cameras with digital video storage at Cross Timbers Park, Green Valley Park, Richfield Park and Walker's Creek Park. Request for proposals were solicited for the Security Camera Project. The specifications call for the installation of vandal resistant cameras at various locations within each park to provide adequate video surveillance coverage. Digital storage units will be located within secured building space at each park and can provide up to 90 days of data storage. The proposed camera system can be accessed via the internet, by staff, and is capable of viewing all activities in the majority of the park area. Three (3) proposals were received, and the results are outlined below. DV Dallas Virtual Surveillance Notifications Systems $50,071.74 $52,129.00 $56,028.00 DV Dallas submitted the lowest proposal in the amount of $50,071.74. Their proposal also met all the specifications and general conditions. Current client references for DV Dallas include American Airlines Center, Infomart, Verizon, Crescent Real Estate Equities and Zale Corporation. In the FY 2004/05 CIP Budget, $60,000 is allocated for the Security Camera Project. The balance of funds are scheduled to be used to allow for the installation of DSL lines by others to the digital storage units at each park. The project is in accordance with the Safety and Security Goal and Council's high priority to "develop and implement security systems around technology." Recommendation: To approve Resolution No. 2005-029. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 125-8510-604.79-04 Sufficient Fiu ds A ailable PK0507 L Budget Director ddtÌ~ - Depart nt Head Signature Page 1 of 1 . . . RESOLUTION No. 2005-029 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section1: THAT the City Manager is hereby authorized to execute a Contract with DV Dallas for the installation of security cameras at Cross Timbers Park, Green Valley Park, Richfield Park and Walker's Creek Park for Parks and Recreation Facilities, as the act and deed of the City. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 11 th day of April 2005. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: Utdæ ~ Vickie Loftice, Director of Parks and Recreation . . . ~ AGREEMENT THIS AGREEMENT is made and entered by and between DV DALLAS, (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICH LAND HILLS, TEXAS, (hereinafter referred to as "City"), to be effective from and after the date hereinafter provided. Contractor shall provide all labor, supervision, materials, equipment, insurance and services necessary to perform all work required by the contract documents in connection with the Park Security Camera installation project, Proposal #05-1217. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained, the parties agree the contract documents shall consist of the following: 1. this written agreement; 2. a payment bond in the sum of one hundred percent (100%) of the total contract price, in the event sub-contractors employed for installation; 3. insurance certificate 4. the specifications, terms and general conditions, project drawings (if any) of Proposal #05-1217; 5. the advertisement for bids; and 6. the Contractor's submitted proposal. These documents form the entire agreement and are complementary; what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. The Contractor shall, at his own expense, maintain and keep in force insurance coverage in the minimum amounts as specified in the general conditions and specifications of bid #05-1217. Certificates of coverage, including workers compensation insurance, must be submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. Executed payment bond with powers of attorney, if applicable, and all required insurance certificates must be submitted prior to commencement of work. Contractor agrees that all work shall be complete within ten (10) calendar days of start of installation. The City shall pay the Contractor the amount of Fifty Thousand Seventy-One dollars and Seventy-Four cents ($50,071.74) for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents. 1. . . . ~ This agreement, including the contract documents listed hereinabove, represents the entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may only be amended by written instrument signed by both the City authorized representative and the Contractor. This agreement is binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement, having been previously approved by the City Council of North Richland Hills on April 11, 2005, shall be effective upon the date of execution by Contractor, provided the City executes the same within ten (10) working days. IN WITNESS WHEREOF, the parties have executed this agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS DV DALLAS BY: City Manager BY: DATE: TITLE: DATE: ATTEST: ATTEST: Patricia Hutson, City Secretary TITLE: APPROVED AS TO FORM: Attorney for the City 2. CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 4/14/05 Subject Award of Contract to Dr Pepper Bottlinç¡ Company as Agenda Number: PU 2005-017 Beverage Company for the Parks and Recreation System Resolution No. 2005-030 Staff solicited requests for proposals for a beverage vendor for the Parks and Recreation Department. The proposal included NRH20 Family Water Park and other facilities within the Parks and Recreation system. Staff also met with representatives of all three major beverage suppliers prior to issuing the proposals. Proposals were received from Coca- Cola, Dr Pepper and Pepsi Cola. After evaluation and negotiation, staff determined that Dr Pepper's proposal best fits the current needs and requirements of the department. The Dr Pepper proposal includes better pricing on product and its "value-adds" offer the department the best financial opportunity. A comparison chart showing a summary of all three vendor proposals is listed below. Beverage Sponsorship Evaluation for Life of Contract Dr Pepper Pepsi Coca-Cola Coca-Cola Bag in Box 20 ounce only Sponsorship Sponsorship Dollars $61,250 - $115,000 $100,000 $50,000 $125,000 On Can Offer (NRH2O) Yes Yes No No Promotional Materials $8,000 $0 $9,500 $5,500 Radio Support $25,000 $0 $0 $0 Recreation Center Equipment $11,300 $0 $11,300 $11,300 $105,550 - $159,300 $100,000 $70,800 $141,800 Pricing (Two Highest Volume) Bag in Box (5 gallons of syrup) $40.05 $43.50 $51.55 N/A 20 ounce bottle (CSD) $0.69 $0.69 $0.75 $0.75 Notes · Pepsi offered 7 year agreement. Value adjusted for 5 year comparsion. · Coca-Cola offered 7 year agreement. Value adjusted for 5 year comparision. · 1 Bag in Box yields 3,840 ounces (30 gallons) of finished product. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other JtJfù~ fr- Depa ent Head Siqnature Account Number S"ffident~7;:vai a , ~ Budget Director Page 1 of 2 CITY OF NORTH RICHLAND HILLS At first review it may appear that Coca-Cola's offer with regard to the 20 ounce drinks is a better deal in terms of total value. However, once it is evaluated taking into account the increased cost of purchasing 20 ounce bottled drinks versus the cost of Bag-in-Box purchases; the increased costs outweigh the additional sponsorship value making Dr Pepper's proposal better in terms of total value. Dr Pepper's proposal is valued between approximately $105,550 and $159,300 over a five-year period and includes several major components. The largest component is for advertising and marketing which includes an "on can" offer and radio spots valued at $25,000 over the life of the contract. The other two components include improvements to the existing Recreation Center; and cash payments totaling between $61,250 and $115,000 depending on sales volume. Some of the highlights of Dr Pepper's proposal are: · Dr Pepper will provide $12,250 a year ($61,250 total) in sponsorship dollars for NRH20 and Richland Tennis Center. These funds may be allocated for special events or other purposes. In addition any purchases made from Dr Pepper in excess of the 2004 Season will result in a one and a half percent increase in the payment made to NRH20 and the Richland Tennis Center. The increase will be based on the system totals. · Dr Pepper will provide $ 5,000 worth 0 f designated radio s pots with 1 O-second radio tags for NRH20 between the months of May and August each year ($25,000 total). · Dr Pepper will provide an "on can" offer on 1.2 million cans each year. · Dr Pepper will provide funding for the purchase and installation of a wireless scoreboard and gymnasium divider for the Recreation Center's gymnasium. This is valued at $11,300. · Dr Pepper will provide all equipment necessary to vend contracted products and they will provide all maintenance for vending equipment. · Dr Pepper will provide complimentary product for up to seven special events. · At no charge, Dr Pepper will supply "point of purchase" equipment to NRH20. Such items are "point of sale" signs, menu boards, clocks and Dr Pepper promotional banners. The value of this over the life of the agreement is $8,000. Parks and Recreation Department's ObliQations: · Dr Pepper will be the exclusive beverage provider for all facilities included in the contract. · Dr Pepper will be listed as a sponsor on the major donor/sponsor board at the front of NRH20 and their logo will be listed on all permanent billboards and message centers at other identified facilities. · Dr Pepper will be listed as a sponsor for specified departmental special events. · Dr Pepper's logo will be placed in each edition of the "Time of Your Life" magazine. · Dr Pepper will receive complimentary tickets for promotional purposes. Recommendation: To approve Resolution No. 2005-030. CITY COUNCIL ACTION ITEM Page 2 of 2 . . . RESOLUTION No. 2005-030 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section1: THAT the City Manager is hereby authorized to execute a five-year contract with Dr Pepper Bottling Company of Texas for the "exclusive pouring rights" for Parks and Recreation Facilities, as the act and deed of the City. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 11 th day of April 2005. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: ViC~~&g¿ctor of Parks and Recreation . CITY OF NORTH RICHLAND HILLS, TEXAS AGREEMENT FOR PROVISION OF NON-ALCOHOLIC BEVERAGES This AGREEMENT is made and entered into this 11 th day of April ,2005, by and between THE CITY OF NORTH RICHLAND HILLS PARKS AND RECREATION DEPARTMENT, hereinafter called the CITY, and DR PEPPER BOTTLING COMPANY, a business hereinafter called DR PEPPER. This AGREEMENT is applicable to the furnishing of non-alcoholic beverages by DR PEPPER to the CITY for the sale of such products to its guests and customers. The specifics of the AGREEMENT are as follows: NRH20 Familv Water Park Dr Pepper Bottling Company of Texas agrees to the following specifics for NRH20. 1. Provide national account pricing on all products including but not limited to wax cups and beverage product. 2. Provide promotional materials such as vendor point of purchase signs, vendor point of sale, vendor menu boards, vendor clocks, vendor promotional banners, vendor umbrellas, etc. to be placed by NRH20 throughout the park. The value of such materials to be $8,000 over the life of the contract. . 3. Provide current equipment at no charge to NRH20. This includes procurement, delivery, installation and service. Additional equipment based on NRH20's future needs may be required, but must be mutually agreeable. 4. Provide miscellaneous support equipment at no charge to NRH20. Support equipment to include ice machines, racks for postmix system etc. 5. Repair and response time of no greater than three (3) hours between the hours of 9:00 AM and 5:00 PM, seven (7) days per week with a vendor representative available for emergency calls twenty-four (24) hours, seven (7) days per week for the duration of the agreement. 6. Vendor shall provide the ability for NRH20 to utilize an on-can offer. This offer will be utilized under a timetable that is agreeable to both NRH20 and vendor. NRH20 shall approve design and application of on-can offer. 7. Vendor shall provide $5,000 worth of radio spots between the months of May and August annually on mutually agreed upon commercial stations. 8. Vendor shall provide a cash sum payable at the beginning of each contract year for NRH20 advertising and marketing in the amount of $10,000. These funds will be used at the discretion of NRH20. In addition, any purchases made from Dr Pepper in excess of the 2004 contract year will result in a one and a half percent increase in the payment made to NRH20 to cap at $20,000 per contract year. The increase will be based on the department totals and will be due at the end of each contract year. . '¡alker's Creek Girls Softball Complex 403 Emerald Hills Way Dr Pepper Bottling Company of Texas agrees to the following specifics for Walker's Creek Girls Softball Complex. 1. Provide and service current equipment at no charge for the life of the contract and mutually evaluate equipment needs for future locations within the park. Fossil Creek Park Girls Softball Complex 6101 Onyx Drive South Dr Pepper Bottling Company of Texas agrees to the following specifics for Fossil Creek Park Girls Softball Complex. 1. Provide and service current equipment at no charge for the life of the contract and mutually evaluate equipment needs for future locations within the park. Richfield Park 7250 Chapman Road Dr Pepper Bottling Company of Texas agrees to the following specifics for Richfield Park. . 1. Provide and service current equipment at no charge for the life of the contract and mutually evaluate equipment needs for future locations within the park. Cross Timbers Park (Baseball Complex) 7680 Douglas Lane Dr Pepper Bottling Company of Texas agrees to the following specifics for Cross Timbers Park. 1. Provide and service current equipment at no charge for the life of the contract and mutually evaluate equipment needs for future locations within the park. Richland Tennis Center 7111 N.E. Loop 820 Dr Pepper Bottling Company of Texas agrees to the following specifics for Richland Tennis Center. 1. Provide and service current equipment at no charge for the life of the contract and mutually evaluate equipment needs for future locations within the park. 2. Provide a cash payment of $2,250.00 per year for promotional tournaments during the term of the contract. In addition, any purchases made from Dr Pepper in excess of the 2004 contract year will result in a one and a half percent increase in the payment made to Richland Tennis Center to cap at $3,000 per contract year. The increase will be based on the department totals and will be due at the end of each contract year. . Dr Pepper Contract - Page 2 of 5 Northfield Park .408 Davis Boulevard Dr Pepper Bottling Company of Texas agrees to the following specifics for Northfield Park. 1. Provide and service current equipment at no charge for the life of the contract and mutually evaluate equipment needs for future locations within the park. North Richland Hills Recreation Center 6720 N.E. Loop 820 North Richland Hills Dr Pepper Bottling Company of Texas agrees to the following specifics for North Richland Hills Recreation Center. 1. Provide and keep stocked at least three drink vending machines at the Recreation Center. 2. Pay 20% of vending machine gross sales to the Recreation Center. 3. Provide funding for the purchase and installation of a gymnasium divider curtain with an approximate value of $4,100. 4. Provide funding for the purchase and installation of wireless scoreboards for the gymnasium with an approximate value of $7,200. Green Valley Soccer Complex and Community Park 7701 Smithfield Road 'r Pepper Bottling Company of Texas agrees to the following specifics for Green Valley Soccer Complex and Community Park. 1. Provide and service current equipment at no charge for the life of the contract and mutually evaluate equipment needs for future locations within the park. In addition, Dr Pepper Bottling Company of Texas agrees to the following for the City of North Rich/and Hills. 1. 2. 3. 4. 5. 6. . Provide equipment for the aforementioned locations to use in the sale of Dr Pepper Bottling Company of Texas products. Provide at no charge, service, installation and repair on the equipment we place in each location. Provide point of sale and advertising material as needed. (Mutually agreed upon quantities and sources.) Mutually evaluate equipment needs for existing locations within the park system. Provide national account pricing on all products including but not limited to wax cups and beverage product. To provide as much soft drink fast flow fountain dispensing equipment, (Canisters or Bag In a Box), lid and cup dispensers and installed chase lines (if required) as may be needed at each of the identified facilities. NRH Parks and Recreation will provide the definition of a portable system. Dr Pepper Contract - Page 3 of 5 . 7. Supply at no cost or charge, maintenance, and repair service, including preventive maintenance on all machines and equipment provide pursuant to this agreement. 8. Agrees to indemnify and hold harmless the City of North Richland Hills from any and all liability, loss, damage, claim or subrogation and expenses arising due to mechanical malfunctions of the Vendor's equipment or because of consumer consumption of Soft Drink Vendor's product sold by the City. 9. Provide, at no charge, brochures, posters, displays, or any other advertising material in this category. 10. Provide support in the form of five promotional/special events a. Portable Premix Equipment b. Special Events Trailer for each specialized event c. Complimentary Product - 10 Tanks of Premix Product (50 gallons equivalent to 1,000 drinks) and equal number of complimentary cups for sampling purposes. 11. Provide support in the form of two promotional/special events - Complimentary Product - 10 Cases of 20 ounce bottled product. 12.ldentify one primary point of contact for company. This primary point of contact will be responsible for assisting with all areas to include both service related and product related questions. *Portable equipment/trailers, etc. to be mutually agreed upon based on timing and availability of the equipment. .The following obligations apply to the City of North Richland Hills entire parks and recreation system ted within this proposal and any future locations acquired during the term of this contract period. . The Dr Pepper Bottling Company of Texas receives the following. 1. The City of North Richland Hills and all facilities listed herein agree to purchase any/all beverage products exclusively from the Dr Pepper Bottling Company of Texas to include: All carbonated, non-carbonated products, tea, bottle waters, juices and isotonics for all vending dispensing or sampling purposes. (Pricing of product can increase annually with a 30 day notice.) A penalty of $500.00 will be taken each incident that product is found that was not purchased from Dr Pepper Bottling Group. This will apply for the length of the contract. 2. Advertising of soft drink beverage products in any/all locations will be exclusive Dr Pepper Bottling Company of Texas brands/products. (All artwork/installations to be pre-approved by Dr Pepper Bottling Company of Texas) 3. Dr Pepper Bottling Company of Texas has the option of either receiving: a. A one (1) evening, two hour rental at NRH20 at no charge for up to 2,000 guests. Vendor will be responsible for providing food and beverage for the aforementioned evening plus all other applicable charges. b. Two hundred (200) tickets for the Vendor's use. 4. Dr Pepper Bottling Company of Texas will be listed on the major donor/sponsor board at the front of NRH20 for the duration of the agreement. 5. Dr Pepper Bottling Company of Texas will be listed as a sponsor with logo identification for all major special events. Dr Pepper Contract - Page 4 of 5 . 6. The Dr Pepper Bottling Company of Texas approved logo will be listed on all permanent billboards, message centers, reader boards, etc., at all identified facilities where appropriate. 7. The Dr Pepper Bottling Company of Texas logo will be listed on all ballfield scoreboard sponsor signs. (Only Dr Pepper Bottling Company of Texas approved artwork will be used.) 8. The Dr Pepper Bottling Company of Texas logo will be listed in each edition of the "Time of Your Life" brochures that are mailed to 25,000 households. 9. At NRH20, Dr Pepper Bottling Company of Texas approved logo will be placed on written promotional material/signage for promotional/special events that have been provided by Dr Pepper Bottling Company of Texas. This includes 90,000 park brochures developed annually. Due to contract scheduling, vendor may not appear on the 2005 Season's brochure. 10. The Dr Pepper Bottling Company of Texas will purchase and have installed, the scoreboards for the facilities listed herein only. All maintenance, repair, etc. will be the responsibility of the City of North Richland Hills. The term of this contract shall be for a period of (5) five years. CITY OF NORTH RICHLAND HILLS, TEXAS DR PEPPER BOTTLING COMPANY By: .rry J. Cunningham, City Manager By: ATTEST: ATTEST: Patricia Hutson, City Secretary Signature APPROVED AS TO FORM: George Staples, City Attorney . Dr Pepper Contract - Page 5 of 5 . ,. -, . t . . CITY OF NORTH RICHLAND HILLS Department: Finance / Public Works Council Meeting Date: 4/11/2005 Subject: Award Bid for Utility Materials to Huç¡hes Supply Company Agenda Number: PU 2005-018 in the Amount of $228,411 - Resolution No. 2005-031 As a part of the 2004/05 approved budget, Council appropriated funds for the purchase of various utility materials for the Utility Division and the Utility Construction Division of the Public Works Department. Formal bids were solicited for an annual contract to supply utility materials for the budget year. The results are outlined below. Hughes Supply Company Atlas Utility Supply Company D& W Utility Texas Water Products Metro Valve & Pipe Ferguson Waterworks $228,411 $248,737 $261,013 $270,011 $273,943 $310,596 Vendors were supplied a list of items to bid on and were required to guarantee the price of each item for a twelve month period. PVC pipe, gate valves, fire hydrants, meter boxes, various pipefittings and various sizes of clamps are some of the items included under this contract. Materials will be ordered on an as need basis and delivered to various locations. Based on the estimated quantities included in the bid, purchases will stay within the 2004/05 budget. Hughes Supply met all the specifications and general conditions of the bid. Funding Source: 405-6004-731 .43-41 405-6005-731.43-42 Recommendation: To approve Resolution No. 2005-031. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account NUJrber Sufficient Funds Mailable Ii j . li /I! {I \ Lit VV Budget Director .~ \'~~I Finance Director Page 1 of L · 1 · t · . . RESOLUTION NO. 2005-031 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract with Hughes Supply Company, to provide miscellaneous utility items and materials as the act and deed of the City. PASSED AND APPROVED this 11th day of April, 2005. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: ¿t~ ce, Director of Finance " . . . CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 4/11/2005 Subject: Award Bid for Annual Uniform Cleaninq Contract to Dry Clean Super Center- Resolution No. 2005-032 Agenda Number: PU 2005-019 In the 2004/2005 approved budget, Council appropriated funds for uniform cleaning services for the Police Department, Municipal Court and the Neighborhood Services Humane Division. Formal bids were solicited for an annual contract to provide these services. Three bids were received from Town & Country Cleaners, Kell Cleaners and Dry Clean Super Center. Attached is a side by side comparison of the bids received. The bid specifications provided a list of items to be cleaned and requested the vendor to provide unit prices for cleaning services on each item on the list. Approximately 2,000 pieces are cleaned or laundered monthly under this contract. The bid submitted by Dry Clean Super Center is the lowest overall bid and is the lowest for 23 of the 24 items bid. In addition, the bid submitted by Dry Clean Super Center contains several line items where the unit cost is lower than the 2002 through 2004 contract price. Dry Clean Super Center has been awarded the contract for the last three years and they have provided very reliable service. They also met all the specifications and general conditions of the current bid. The specifications call for the contract to be for a one-year period with the option to extend the contract for two additional one-year periods if it remains beneficial to the City. Dry Clean Super Center provides drive-through services and "in by 9 out by 5" turn around for cleaning and laundry. These are very beneficial services for the Police Officers. Recommendation: To approve Resolution No. 2005-032. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Budget Director \\06 Page 1 of 1 ~ · · · UNIFORM CLEANING SERVICES BID # 05-1227 DRY CLEAN TOWN & KELL 2002 - 2004 DESCRIPTION SUPER CTR. COUNTRY CLEANERS Contract Prices SECTION I - PATROL Shirt & Pants - 1 uniform $2.68 $2.50 $5.00 $2.49 BDU - Shirt $1.34 $2.25 $3.00 $1.39 BDU - Pants $1.34 $2.25 $2.50 $1.39 Tufty Jacket $1.34 $2.50 $4.00 $1.24 Jacket Liner $1.34 $1.75 $2.00 $1.24 Dress Gloves $1.00 $1.00 $1.00 $1.24 Bullet Proof Vest Covers $1.00 $2.00 $3.00 $1.24 Neck Tie. Scarf, Ascot $1.00 $1.50 $2.50 $1.24 SECTION II Sport Coat $1.34 $2.00 $4.00 $1.24 Suit - 2 piece $2.68 $4.00 $7.00 $2.49 Suit - 3 piece $4.02 $4.75 $9.00 $3.74 Casual Pants (Dry Clean) $1.34 $1.85 $2.15 $1.24 Casual Pants ( Laundry) $1.98 $2.25 $2.50 $1.99 Jean Style Pants (Laundry) $1.34 $2.25 $2.50 $1.99 Shirts ( Dry Clean) $1.34 $1.50 $3.00 $1.24 Shirts ( Laundry) $0.89 $0.99 $1.25 $0.89 Neck Tie $1.00 $1.50 $2.50 $1.24 Casual Jacket used by Investigators $1.34 $2.00 $4.00 $1.24 SECTION III Shirts ( Dry Clean) $1.34 $1.50 $3.00 $1.24 Pants ( Dry Clean) $1.34 $1.85 $2.00 $1.24 Pants ( Laundry) $1.98 $2.25 $2.50 $1.99 Tufty Jacket $1.34 $2.50 $4.00 $1.24 Tufty Jacket Liner $1.34 $1.75 $2.00 $1.24 Casual Jacket $1.34 $2.00 $4.00 $1.24 TOTAL $36.99 $50.69 $78.40 $36.96 Turn around time for In by 9:00 am In by 9:00am Same day service Laundry out by 5:00pm out by 5:00pm on request Same day if in by 9:00 a.m. Service Turn around time for In by 9:00 am In by 9:00am Same day service Cleaning out by 5:00pm out by 5:00pm on request Same day if in by 9:00 a.m. Service Otherwise in by Drive Thru capability 9:00 a.m. out by the next day after 5:00p.m. Drive Thru Capability Yes No No , · · · RESOLUTION NO. 2005-032 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract with Dry Clean Super Center, to provide dry cleaning and laundry services as the act and deed of the City. PASSED AND APPROVED this 11th day of April, 2005. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: Larry Koonce, Director of Finance ~ .. CITY OF NORTH RICHLAND HILLS .- Department: Finance / Parks & Recreation Council Meeting Date: 04/11/05 Subject: Award Annual Food Supply Contract for NRH20 and Agenda Number: PU 2005-020 Police Detention Facility to Ben E. Keith Foods Resolution No. 2005-033 Request for Proposals were solicited for an annual contract to supply food items for NRH20 Water Park. Bidders were requested to submit prices on a list of specific food items as well as specific brands that were high volume sellers in the 2004 season. Attached is a breakdown of the prices submitted. Evaluation factors include brand of food item offered, price, quality, and customer service response. Proposal requests were sent to the following companies: Ben E. Keith, Bassham Foods, SYSCO, CD Hartnett Co. and US Food Service. Three companies submitted bids and all bids were evaluated. Staff recommends the contract be awarded to Ben E. Keith Foods based on the evaluation factors listed above. Ben E. Keith also submitted the lowest overall proposal price. Ben E. Keith Foods has an excellent reputation and provided very reliable service to NRH20 during the 1996 through 1998 and 2000 through 2004 seasons. All the brands offered by Ben E. Keith Foods meet the specifications for high quality and availability. We plan to continue to use the on-line ordering system that allows the park to take advantage of the distributor's full inventory. A separate section was included for an annual contract to supply food items for the Police Detention Facility. Ben E. Keith also submitted the low bid for this section in the amount of $6,150. Recommendation: To approve Resolution No. 2005-033. Finance Review ¿b &enl Head Sianature ~ Budget Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other Page 1 of 1 ... RESOLUTION NO. 2005-033 . BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the annual food supply contract for NRH20 Family Water Park and the Police Detention Facility with Ben E. Keith Foods, as the act and deed of the City. PASSED AND APPROVED this 11th day of April, 2005. APPROVED: Oscar Trevino Mayor ATTEST: .. Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: Vic~~~ctor of Parks and Recreation . ~ 2005 Bid Comparisons Ben E Keith US Foods Bassham Flame Broiled Beef Steak Burger 3 oz. (80030ACN) Flame Broiled Beef Steak Burger 2 oz. (80120ACN) Beef Patties, 80/20, 4/1 (frozen) Beef Patties, 75/25,4/1 (frozen) Hotdogs all meat 6/1 BBQ Sauce with Chopped Pork and TVP (78131-01254) Pre-Cooked Chicken Breast Fajitas (78131-5526) Pre-Cooked Beef Fajita Strips Mahi Mahi Fillet - Individually Wrapped Pre-sliced Oven Roasted Turkey Breast (.66oz) (50100-32585)1 Pre-sliced Smoked Ham (.66oz) (50100-32590) Hamburger Buns - 4 inch Hot Dog Buns - Regular Coneys 12" Press - White Reduced Carb Tortilla - (10735) Bacon - precooked (layed out) (14081) Invisicoat 3/8" Regular Skin-off French Fries Hot Top2 Jalapeno Cheese Sauce (#05100) - BIB Sliced American Cheese Shredded Mild Cheddar Cheese (41789) our Cream Portion Pack xtreme Supreme Guacamole (93266) Roastworks Flame-Roasted Peppers and Onions Sugar Cookies - Bulk Chocolate Chip Cookies - Bulk Classic Iced Brownies (7513) Vanilla Individual Ice Cream Cups Grape Juice - Aseptic Boxes Frozen Sliced Strawberries Potato Chip Regular Potato Chip Cheetos Potato Chip Cheetos Cheese Puffs Potato Chip Doritos Potato Chip Cool Ranch Doritos Potato Chip Ruffles Potato Chip Baked Lays Potato Chip Baked Lays Masterpiece Barbecue Potato Chip Ruffles - Bulk Tortilla Chips - Triangle White Popcorn - Bulk Baked Beans efried Beans Spanish Rice Jalapenos .- $984.30 $874.80 $8,188.00 $5,464.00 $5,242.25 $850.68 $554.25 $604.95 $57.99 $362.90 $333.10 $1,590.00 $3,464.00 $1,046.52 $1,745.40 $8,955.00 $5,882.00 $1,478.40 $430.00 $126.50 $268.05 ~- $144.00 $431 . 1 0 $489.90 $2,503.50 $407.10 $393.40 $852.80 $539.25 $539.25 $539.25 $539.25 $431 .40 $539.25 $376.40 $376.40 $312.50 $1,455.00 $25.47 $357.00 $93.80 $149.80 $415.60 -- -. $604.80 $1,072.50 $1,093.80 $1,072.50 $8,056.00 $7,360.00 $7,420.00 $7,600.00 $6,175.00 $6,175.00 $850.68 $410.28 $635.55 $623.85 $946.50 $865.20 $46.89 $62.50 $481.30 $552.00 $429.80 $514.80 $3,580.00 $3,637.50 $5,552.00 $5,400.00 $1,113.75 $1,113.75 $1,558.80 $1,422.00 $8,955.00 $8,955.00 $6,482.10 $6,351.20 $1,410.85 $2,406.25 $453.00 $486.80 $84.00 $110.60 $344.05 $178.35 ----~._~ $139.95 $177.70 -----~-~._- $470.40 $492.00 $526.20 $517.50 -- $2,577.00 $2,639.25 $348.00 $232.50 $396.40 $534.00 $791.40 $506.00 $540.50 $632.50 $674.75 $674.75 $535.00 $546.00 $540.75 $546.00 $432.60 $436.80 $539.00 $546.00 $436.80 $436.80 $432.60 $436.80 $313.25 $368.25 $1,947.00 $969.00 $30.39 $42.48 $405.90~ $366.90 $93.55 $101.00 $152.00 i $163.05 $332.40 $357.80 PRODUCT Ben E Keith US Foods Bassham $188.04 I $146.52 Hamburger Pickles $136.921 otato Salad wi mustard $770.40 $922.80 $540.60 Salad - Macaroni - #11 003GH $766.20 $910.80 $513.90 Fresh Fruit Mix -please list contents $17.32 $17.32 $16.25 Ketchup packets (PPI) $1,554.80 $1,099.40 $447.35 BBQ Sauce - Smokey $137.12 $149.56 $153.00 BBQ Sauce - Original $137.12 $149.56 $153.00 Chile 'n Lime Hot Sauce $394.80 $248.00 $394.80 Beef Broth $328.50 $411.60 $603.00 Mustard Packets $1,171.85 $409.40 $587.65 Mayonnaise PC Packets $708.40 $933.80 $767.05 Relish Packets $217.80 $297.30 $215.70 BBQ Bullseye Dipping Cup Original $450.40 $353.60 $1,158.40 Sweet & Sour Dipping Cup $450.40 $546.80 $1,176.80 Original Ranch Portion Cup $682.80 $682.80 $627.00 Original Ranch Portion Pack Dressing $479.40 $481.80 $477.90 Fat Free Original Ranch Portion Pack Dressing $448.50 $507.00 $507.00 Golden Honey Mustard Portion Pack Dressing $636.30 $412.20 $670.80 ~- Thick & Creamy Blue Cheese Portion Pack Dressing $490.50 $754.20 $492.00 Golden Italian Light Portion Pack Dressing $682.80 $682.80 $453.00 Salt PC Packets $69.24 $58.08 $48.96 .pper PC Packets $121.44 $102.36 $94.08 -~~-_. _ quid Vegetable Fryer Oil $737.55 $692.10 $804.60 -- 9" Paper Plate $24.68 $32.29 $39.44 -- ¡----~ 12 oz Foam Cup $178.60 $180.80 $202.50 Tall Folded Dispenser Napkins $732.00 $1,101.20 $617.20 Grease Resistant French Fry Bags - 5x1x4 - square $81.20 $120.60 $455.60 *must say "French Fries" on bag . Sandwich Wrap - cushion foil - 1 0.5x13 - Red Stripes $1,305.90 $1,305.90 $755.50 .. Sandwich Wrap - cushion foil- 10.5x13 - Blue Stripes $1,209.20 $1,209.20 $785.50 Sandwich Wrap - cushion foil - 10.5x13 - Gold Stripes $1,255.00 $1,255.00 $785.50 Sandwich Wrap - cushion foil- 10.5x13 - Plain $567.55 $465.25 $392.75 Popcorn Bag Printed $32.58 $59.97 $59.97 Food Trays, quarter pound #25 $198.75 $185.55 $248.25 Food Trays, three pound #300 $1,078.00 $1,250.20 $1,196.30 Meal Kits - Fork/Knife/Salt/Pepper/Napkin $886.40 $771.60 $784.00 Straw - Jumbo Wrapped $776.44 $467.32 $191.24 Plastic forks (wrapped) - md weight $105.36 $336.72 $196.92 Plastic spoons (wrapped) - md weight $817.65 $1,262.70 $850.50 Plastic soda spoon (05950) $59.30 $57.75 $122.30 1 oz. Paper Souffle Cup $405.40 $409.70 $407.20 2 oz. Translucent Plastic Portion Cups $152.35 $196.95 $181.15 4114 oz. Translucent Plastic Souffles Cup $225.00 $718.60 $519.30 114 oz. Translucent Plastic Souffles Lid $213.90 $738.70 $485.30 Filter Paper 13.5x24 $84.96 $38.26 $45.55 , PRODUCT Ben E Keith US Foods Bassham Embossed Gloves - Large $647.80 $563.80 $235.80 mbossed Gloves - Medium $485.85 $422.85 $119.85 Scouring Pads $68.80 $56.00 $26.70 Pink Dish Soap $214.92 $215.76 $517.20 Bleach $80.70 $76.90 $88.80 Degreaser Cleaner $325.20 $231 . 1 5 $240.00 Total $84,269.68 $93,620.63 $89,692.84 . . CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 4/11/2005 Subject: Authorize Interlocal Purchasinq Aç¡reement with the Agenda Number: PU 2005-021 City of Watauga - Resolution No. 2005-034 The City of Watauga is requesting to enter into an interlocal purchasing agreement with the City for the purchase of goods and services from vendors selected through the competitive bidding process. The City of Watauga is interested in purchasing from our 2005 vehicle bid. This agreement will be mutually beneficial to Watauga and North Richland Hills because purchasing larger quantities will reduce the overall expense to each agency. Each agency will place their orders and pay the vendors directly. North Richland Hills or the City of Watauga may change or cancel the agreement with a 30-day written agreement. The City currently participates in interlocal agreements with several area cities. Some of the agreements are with the City of Fort Worth for the purchase of fuel, Tarrant County for the purchase of office supplies and the City of Hurst for the purchase of auto parts. Recommendation: To approve Resolution No. 2005-034. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account ~mber Sufficient nrnds tvaila e V VI 1/'", Budget Director vJ Finance Director Page 1 of ..L · · · RESOLUTION NO. 2005-034 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the interlocal agreement with the City of Watauga authorizing each entity to purchase goods and services from vendors selected through the competitive bidding process. PASSED AND APPROVED this 11 th day of April,2005. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: Larry Koonce, Director of Finance · · · INTERLOCAL AGREEMENT BETWEEN CITY OF NORTH RICHLAND HILLS AND CITY OF WATAUGA This Agreement made and entered into by and between the City of North Richland Hills, hereinafter referred to as "NRH", and the City of Watauga, hereinafter referred to as "Watauga". Pursuant to the authority granted by the Texas Interlocal Cooperation Act {Article 4413 (32c) Vernon's Annotated Texas Statutes} providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: NRH and Watauga desire to enter into an agreement for the purchase of goods and services from vendors selected through the competitive bidding process. Specifications for said items should be determined in cooperation with the final approval of the entity processing the bid. The responsibility of each entity shall be as follows: I. NORTH RICHLAND HILLS 1. NRH shall be allowed to purchase goods and services from vendors who have been selected by Watauga through the competitive bidding process. NRH will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications that have been agreed to. NRH shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. NRH shall give a 30-day written notification to all participating agencies of any change or cancellation of participation. 4. Donna Hurst Enos, Purchasing Agent, shall be designated as the official representative to act for NRH all matters relating to this cooperative purchasing agreement. II. City of Watauga 1. Watauga shall be allowed to purchase goods and services from vendors who have been selected by NRH through the competitive bidding process of NRH. Watauga will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. · · · 2. All purchases will be within the specifications that have been agreed to. Watauga shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. Watauga shall give a 30-day written notification to a participating agency of any change or cancellation of participation. 4. Brenda H. Jackson. C.P.M., shall be designated as the official representative to act for Watauga in all matters relating to this cooperative purchasing agreement. This Agreement shall take effect upon execution by the signatories and shall be in effect from date of execution until terminated by either party with thirty (30) written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers. CITY OF NORTH RICHLAND HILLS CITY OF W AT AUGA BY: City Manager BY: Harry J. Jeffries TITLE: Mayor DATE: DATE: ATTEST: ATTEST: City Secretary Nancy Meadows, City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: Attorney for the City CITY OF NORTH RICHLAND HILLS Department: Planning Department Council Meeting Date: 4/11/05 Subject: Public Hearing and Consideration of a Request from Agenda Number: ZC 2005-03 Rod Munsell for a Zoning Change from "AG" Agricultural to "0-1-NR-PD" Non Residential Planned Development for "0-1" Office District Uses and a Veterinarian Clinic with Enclosed Kennels (Located at 8301 Davis Boulevard - 1.1 acres). Ordinance No. 2827 Case Summary: The applicant, Rod Munsell, is requesting approval of a rezoning request on a 1.1 acre site located at 8301 Davis Boulevard. The request is to rezone the site from the current "AG" Agricultural District to "0-1-NR-PD" for all "0-1" Office District uses and a veterinarian clinic with enclosed kennels. The applicant is also requesting a temporary waiver of the required site plan to a future date. The proposed clinic will contain an enclosed kennel area for the boarding of dogs and cats (no outside exercise areas are proposed). A veterinary clinic without kennels is a permitted use in the "0" Office District. However, when boarding kennels are added, the use then requires "HC" Heavy Commercial zoning. In an effort to limit potential future uses on this site and to better reflect the Comprehensive Plan for the area, the applicant has worked with staff to tailor this request to represent only office uses and the clinic as proposed. Conceptual Site Plan: All requests for PD zoning must (by ordinance requirements) be accompanied by a site plan, landscape plan and building elevations. As mentioned above, the applicant is requesting a temporarv waiver from providing this final plan information until final approval of the zoning request has occurred. As requested by the city staff, the applicant has (in lieu of a final site plan) provided a conceptual site plan for review. This plan provides a conceptual idea of how the applicant intends to develop the site. Also attached is artist sketch of the proposed building. The Concept Plan notes the following: · A 5,000 square foot (approximate) clinic and kennel facility oriented toward Davis Boulevard; · Proposed kennel facility is located on the west side of the proposed building; Finance Review Account Number ~ Sufficient Funds Available Finance Director ~ C;;~ . . ~~ Manage< ~ ZC 2005-03 Ron Munsell Vet Clinic CC CITY OF NORTH RICHLAND HILLS · Several existing trees (including a 42" Oak) are shown to be retained in the area of the kennel; · A single access point onto Davis Boulevard (elimination one existing access point and a widening of another); · A note on the plan states that final site plan approval is required prior to any plat or building permit; · Additional notes address final approval conditions for access and circulation. Plat Status: The site is not platted. Existing Site Conditions: The site is currently occupied by manufactured home and several out-buildings. Thoroughfare Plan: The site has frontage along Davis Boulevard a 6-lane, divided, principal arterial with a 120' R.O.W. Comprehensive Plan: The Comprehensive Plan depicts this and adjacent areas on the west-side of Davis Boulevard for office development. With the exception of the proposed kennels (requiring a more intensive commercial district) the use is consistent with the Comprehensive Plan. Adjacent Zoning I Land Use: North: "AG" / Manufactured house and out-buildings East: "R3", "AG" / Large lot single family South: "R3" / Large lot single family West: "C-1" / Vacant (permanent open space) Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on March 17, 2005, recommended approval of ZC 2005-03 and the accompanying concept plan by a vote of 7-0. Staff Recommendation: Approve Ordinance No. 2827 Review Schedule: Application: 2/04/05 Final Hearing: 4/11/05 Total Review Time: 9 weeks · ORDINANCE NO. 2827 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, REZONING A 1.1 ACRE TRACT OF LAND IN THE S. RICHARDSON SURVEY, LOCATED AT 8301 DAVIS BLVD., FROM "AG" AGRICULTURAL TO "0-1- NR-PD" NONRESIDENTIAL PLANNED DEVELOPMENT (ZC 2005-03) FOR ALL 0-1 OFFICE USES AND A VETERINARIAN CLINIC WITH ENCLOSED KENNELS; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, · WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Zoning Ordinance and the zoning map of the City of North Rich1and Hills is hereby amended by rezoning a 1.1 acre parcel of land described on Exhibit "A" hereto, from AG Agricultural to 0-1-NR-PD Planned Development for 0-1 office uses and a veterinarian clinic with enclosed kennels and approving a conceptual site plan submitted herewith. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. · Ordinance No. 2827 Page 1 of 2 Section 4: This ordinance shall be in full force and effect immediately after passage. · AND IT IS SO ORDAINED. PASSED AND APPROVED on this 11th day of April, 2005. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: · George A. Staples, Attorney APPROVED AS TO CONTENT: David L. Green, Director of Planning · Ordinance No. 2827 Page 2 of 2 · · · NRH ZC 2005-03 8301 Davis Blvd. From "AG" Agricultural to "O-1-NR-PD" Non Residential Planned Development Office District to include a Veterinarian Clinic with Enclosed Kennels rï rï r----l . I L.J L.J I Feet Prepared by Plannmg 02/28/05 0 100 200 400 N w4p-E s · ZC 2005-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROD MUNSELL FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "0-1- NR-PD" NON RESIDENTIAL PLANNED DEVELOPMENT FOR "0-1" OFFICE DISTRICT USES AND A VETERINARIAN CLINIC WITH ENCLOSED KENNELS (LOCATED AT 8301 DAVIS BOULEVARD -1.1 ACRES). APPROVED Mr. Green explained that the Comprehensive Plan denotes office use for this site. This request has been fashioned as an "Q-1-NR-PD" in order to try to accommodate the applicant's request but also follow the regulations of the zoning ordinance and the Comprehensive Plan. The zoning ordinance will allow a veterinarian clinic without a kennel in an office district. If kennels are added (whether enclosed or not) the zoning ordinance calls for the use to be in "HC" heavy commercial. The applicant wishes to have kennels for small animals only. Staff recommended that the applicant request a 0-1-NR-PD zoning which allows the applicant to add the kennels but also stay consistent with the Comprehensive Plan since there is an underlying office use. In the future, the only allowed uses on this property with that zoning is either a vet clinic with enclosed kennels or office uses. Staff feels that is fairly consistent with the Comprehensive Plan. · The applicant is also requesting a temporary waiver of site plan approval. With a PO, site plan approval is required, but the applicant is asking that the zoning be approved first before he spends the time and effort to design the property. The applicant has provided a conceptual plan. There will be one access point rather than two as the applicant is trying to save a number of the existing trees, one of which is a 42-inch caliper. Even though the applicant cannot be held to this specific drawing, it gives an indication of the intent of the project that they are willing to do on this site and Staff recommends approval with the stipulation that the applicant understands that before approval of plats or before permits can be issued for any kind of construction that a final site plan must be reviewed by staff, P&Z Commission, and City Council. The Chairman opened the Public Hearing. The applicant, Rod Munsell, 6800 Ridgewood Dr., came forward and stated that his clinic is strictly small animal - dogs and cats - no horses, no cattle. · The Chairman asked if Mr. Munsell would be willing to do a joint access agreement with the property to the north in order to avoid another curb cut. Mr. Munsell stated that he is uncomfortable answering that question. He is willing to work toward a mutually agreeable access but his proposed parking does not allow a lot of "extra". He had hoped to originally obtain the property to the north, and he hopes he'll be able to have the opportunity to look at it again later, but as far as committing to something tonight, he would want to work with anybody who · might want to purchase it, but he can't say. The Chairman responded that Mr. Munsell might want to get with his neighbor to the north or work with staff and figure out how to stub it out so that it doesn't affect a loss of parking spaces for Mr. Munsell, but the property to the north would use that same drive entrance in order to minimize curb cuts. Mr. Sapp mentioned that it is also an area that approaches a curve so it has been an area of traffic concern as development occurs along that area. Mr. Munsell mentioned a 15-ft. landscape buffer along the north side of the property that could impact parking. After discussion between the Commission members and Mr. Green, the Chairman suggested removing the 15-ft. landscape buffer from the concept plan. Staff agreed. This would also allow the applicant to shift his drive entrance north just a little bit. As there were no others wishing to speak, the Chairman closed the Public Hearing. Mr. Schopper, seconded by Mr. Shiflet, motioned to approve ZC 2005-03 as proposed. · Chairman Davis asked if the motion would accept a friendly amendment that would delete the 15-ft. landscape buffer on the north side since it is not going to be required if that property also develops. Mr. Schopper stated that it is a concept plan only so it doesn't exist. Mr. Green added that he is not sure if it is necessary for the motion to do that. As staff begins to work with the applicant on designs to accomplish a mutual access easement, and if the landscape buffer is a hindrance, then for everyone's benefit, what is brought back to P&Z probably wouldn't include it anyway. Mr. Sapp asked the motion if he would accept a friendly amendment to add a footnote that the clinic will serve small animals only. Mr. Schopper asked if there is something in the nuisance ordinance that defines small animals. Mr. Green stated that he is not an expert in those areas of the code, but from what he has read, it is tied to how a person keeps personal ownership of animals, not necessarily how they would be treated in a medical situation. After further discussion, Mr. Sapp withdrew his request. · · Mr. Green added that staff recommends approval subject to the applicant returning for final site plan approval. The motion and second agreed that there is a note is on the conceptual drawing to that effect. The motion was approved unanimously (7-0). · · . NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL = CASE #: Applicant: Address: Legal ZC 2005-03 Rod Munsell 8301 Davis Boulevard 1.1 acres out of the S. Richardson Survey, Abstract No. 1266 You are receiving this notice beCause you are a property owner of record within 200 feet of the above property. purøose of Public Hearina: A public hearing is being held to consider a request from Rod Munsell to rezone the above property from 'AG" Agricultural to "0-1-NR-PD" Non Residential Planned Development for all "0-1" Office District uses including a Veterinarian Clinic with Enclosed Indoor Kennels. The applicant intends to develop the site as a veterinary hospital with enclosed kennels. The applicant is also requesting a temporary waiver of the required site plan submittal. This request has been recommended for approval by the Planning and Zoning Commission. Public Hearina Schedule: . Public Hearing Date: Time: Location: CITY COUNCIL MONDAY, April 11, 2005 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: . Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 phone (817) 427-6300 Fax (817) 427-6303 -- B H & L JV of Hurst 700 W. Harwood Rd Ste A .urst, TX 76054 Leon George POBox 821517 North Richland Hills, TX 76180 . . J Maurice Drake 8220 Davis Blvd North Richland Hills, TX 76180 A B Timmers 8309 Davis Blvd North Richland Hills, TX 76180 Loren Howerton Attn John Barfield 700 W. Harwood Rd Ste A Hurst, TX 76054 H W Gilbreath 8321 Davis Blvd North Richland Hills, TX 76180 .... CITY OF NORTH RICHLAND HILLS '1" . Department: PlanninÇJ Department Council Meeting Date: 4/11/05 Subject: Public Hearinq and Consideration of a Request from Agenda Number: SUP 2005-01 North Hills Hospital for a Special Use Permit (SUP) to Utilize a Non-Approved Exterior Building Material (Located at 4401 Booth Calloway Road). Ordinance No. 2828 Case Summary: The applicant proposes to use a standard grade EIFS (Exterior Insulation Finish System) in lieu of approved masonry materials as required by Section 605 of the North Richland Hills Zoning Ordinance on an expansion that will add two new floors to the existing structure. The applicant (North Hills Hospital) is in the design process of adding two (2) new stories to the existing four story building. According to our current zoning ordinance, the minimum required percentage of masonry on exterior wall surfaces of non- residential buildings must be 100%. Masonry is defined as, "A combination of brick, ceramic block, stone, decorative concrete block, or masonry materials installed in a craftsman-like manner that are a minimum of one inch (1 ") thick and imbedded in a cementious reinforced substrate." It should be noted that stucco, fiber reinforced cement board (Hardi-plank), reinforced EIFS, or other approved simulated masonry systems may be used for accent areas as long as they are installed at least 8 feet above the adjacent grade and do not exceed 15% of each elevation. During the early 1990's, the hospital revitalized the appearance of the exterior by installing standard grade EIFS atop an existing brick veneer. This project predated the current masonry requirements that were adopted by council in 1999; as a result, a Special Use Permit was not necessary. It is the hospital's desire to further the installation of standard grade EIFS on the exterior walls of their approaching expansion project. According to the documents submitted by the hospital, 67,000 Square Feet of EIFS material currently exists on the building with 27,000 Square Feet of additional EIFS planned for the expansion. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number ~ Sufficient Funds Available '. Finance Director SUP 2005-01 North Hills Hospital CC . · CITY OF NORTH RICHLAND HILLS If masonry is required on the exterior of the two new floors, it would need to be completely supported by structural steel installed at the upper límits of the existing EIFS materials. The Fire Department is concerned that such an installation could possibly pose falling object hazards due to the loss of strength in the masonry support members as a result of a fire. At the time this report was submitted, the Planning and Zoning Commission had not yet heard this request. In the interest of time, hearing notices for both the Planning & Zoning Commission and the City Council were sent out simultaneously regarding this Special Use Permit application. The Planning and Zoning Commission will be hearing this request at their regularly scheduled meeting on April 7, 2005. Recommendation: The planning and zoning recommendation will be faxed to the City Council prior to their meeting on April 11. In general, staff is supportive of this request. However, staff recommends that reinforced EIFS be utilized (similar to what is currently required for accent areas) due to the meager performance of single strength EIFS systems. Reinforced EIFS contains two layers of fiberglass mesh (as opposed to the standard single layer) and provides a more durable, impact resistant, finish. A detail of the two strength levels is provided below: · NORMAL IMPACT HIGH IMPACT · SUP 2005-01 North Hills Hospital CC SUBS IRA if GRYYi~ ADhESi"E tXPAN'D£.D DÚlYS:-Y?Es£ ¡S)W~A nUN BO.MiD tHiY"l~'" 9AS£ UJA ~ c~"(v,,,, ,:'¡L'ü'C!{{"NG ME Sr; DRY"" üASE COA' GRY"f· ¡WiSH SUBSTRAH DRWiT ADHESWE EXPANGED POt YSTYRENE mSVtATtO}¡ BOARD fJRYV'T BAst mAT P ANlER IS GiI 2C q ÐNF ORCN'G !1£SH JRWi' BAS:: ::::;AT :;(y.....:... ~£,NF:.;RCNG ~e.s~~ D~y'ý,7 ~AS£. ~::;A '" JRYVi - '~iS" . ,~~ .'';'. .'" . '" \. . ' ....: I . ,<..; , ",~.:. ....:.. ..-....: .;.:..;..;...:::.:,.,..-..:.:..:.:::....,:.:,.:.:..: .--:.;'.'.....:.... ." ........,..."....- ......-. ......... , '. t. .; '.. ... I.'~ '.. ..~. 'I , . ".~. .. ,. '\ 'p ',:. . . . ify C ~ rŒR~ ~Y'''' ...:··s···· A' "" ,y<o-~ /'DRY,;,. ;';'~~ '...... ';,,;'--' ~ I j,t" · · · N W ~~--E ~ S NRH SUP 2005-01 4401 Booth Calloway Rd North Hills Hospital Prepared by Planning 03-17-05 ~ Feet o 100200 400 · NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS Case #: Applicant: Location: SUP 2005-01 North Hills Hospital 4401 Booth Calloway Road You are receiving this notice because you are a property owner of record within 200 feet of the property noted above and shown on the attached map. Purpose of Public Hearinq: North Hills Hospital is proposing a major expansion of the hospital located at 4401 Booth Calloway Road. This expansion consists of adding 2 floors to the existing 4-story building. The hospital is requesting a variance from Section 605 of the Zoning Ordinance concerning the amount and type of exterior building materials. The Hospital is proposing to utilize an EIFS (Exterior Insulation Finish System) product that does not meet the city's definition of a masonry product. This variance request will be considered by the Planning and Zoning Commission and the City Council at the dates and times listed below. · Public Hearinq Schedule: Public Hearing Dates: Planning and Zoning Commission Monday, April 7, 2005 City Council Monday, April 11 2005 Time: 7:00 P.M. Location: City Council Chambers 7301 N. E. Loop 820 North Richland Hills, Texas If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 · .,. P~marÿ Properties Corp Attn: Jay Mason 611 Olive St Ste 1300 .nt Louis, MO 63101 Alan Young Buick Inc 7724 NE Loop 820 N. Richland Hills, TX 76180 North Hills Prof Bldg Condo JV 4351 Booth Calloway Rd Ste 101 N. Richland Hills, TX 76180 Marcus Newton, DO M Omey, MD 4351 Booth Calloway Rd Ste 203 N. Richland Hills, TX 76180 Allen Samuels Realty Inc 301 Owen Ln Waco, TX 76710 .van Le 7801 Mary Frances LN N. Richland Hills, TX 76180 Mary Jane Russell 7800 Mary Frances Ln N. Richland Hills, TX 76180 Ruth Mcguire 7800 Arnold Ter N. Richland Hills, TX 76180 Nancy Lynn 7804 Arnold Ter N. Richland Hills, TX 76180 . Tex Mall LP c/o Michael Kest 5150 Overland Ave Culver City, CA 90230-4914 Columbia N Hills Subsidiary LP 1 Park Piz Nashville, TN 37203 H C A Realty Inc Tax Dept 34329 POBox 1504 Nashville, TN 37202 Mid Cities Cardiology 4375 Booth Calloway Rd Ste 400 N. Richland Hills, TX 76180 State of Texas POBox 6868 Fort Worth, TX 76115 Robin Smith 7805 Rogan Dr N. Richland Hills, TX 76180 Heath Power 7804 Mary Frances Ln N. Richland Hills, TX 76180 Nair Property Interest, L TD 7805 Glenview Dr N. Richland Hills, TX 76180 Hospital Corp of America Tax Dept 34329 POBox 1405 Nashville, TN 37202 North Hills Hospital 4401 Booth Calloway Road N. Richland Hills, TX 76180 Attn: Charlie Smith Halff Associates, Inc. 8616 Northwest Plaza Dr Dallas, TX 75225-4292 Attn: David Littleton, P.E. David Eisen, MD 4375 Booth Calloway Rd Ste 400 N. Richland Hills, TX 76180 Ennis Chester 7805 Mary Frances LN N. Richland Hills, TX 76180 Janie Hernandez 7801 Rogan Dr N. Richland Hills, TX 76180 Anthony Phillis 7805 Arnold T er N. Richland Hills, TX 76180 Mary Nell Apple 7801 Arnold Ter N. Richland Hills, TX 76180 · City of North Richland Hills Memo To: Mayor and City Council From: David B. Pendley, Building Official cc: Larry J. Cunningham, City Manager Ogden "Bo" Bass, Assistant City Manager Dave Green, Planning Director ~e: April11,2005 Re: Planning & Zoning Commission Results of SUP 2005-01 regarding North Hills Hospital's request to utilize a non-approved exterior building material (Located at 4401 Booth Calloway Road). · On Thursday, April 7, 2005, the Planning and Zoning Commission voted unanimously to recommend approval of North Hills Hospital's request to utilize non-masonry materials (E.I.F.S.) for the two-story expansion of their facility. In conjunction with that request, the Planning and Zoning Commission also recommended to approve the use of standard, single- strength, EIFS. City staff supports the Planning and Zoning Commission recommendation to grant the S.U.P. Respectfully, David B. Pendley, C.B.O. Building Official · . CITY OF NORTH RICHLAND HILLS . Department: Finance Council Meeting Date: 4/11/2005 Subject: Intent to Reimburse Expenditures with Proceeds Of Future Debt - Resolution 2005-035 Agenda Number: GN 2005-038 At the March yth Pre-Council meeting, staff made a presentation regarding the postponement of the 2005 bond sale to 2006 (see attached IR). That presentation also included a note that staff would bring forward a resolution which gives the City the ability to reimburse any 2005 bond project expenditures with 2006 bond proceeds. The resolution presented for Council approval includes the total dollar amount of all projects in the 2005 CIP budget intended to be reimbursed with proceeds from the 2006 bond sale. The resolution includes funding for Lola Drive, Galway Lane, Flory Street, Holiday West Channel drainage improvements and the Fire Training Facility expansion/upgrade as presented at the March 7th meeting (see attached spreadsheet). The total to be reimbursed with 2006 bond proceeds will not exceed the $1,145,000 budgeted for these projects. Approval of the resolution will allow the City of North Richland Hills to reimburse 2005 project expenditures with proceeds from the planned 2006 general obligation bond sale. Recommendation: To approve Resolution No. 2005-035. Finance Review Source of Funds:. Bonds (GO/Rev.) Operating Budget Other k!-rÞ'~ ead Signature .. í¥ \ Account Number Sufficient Funds AvallaDle ~ / . . , /I/Í./¿/)/ ~Lc:..-.-- Finance Director tl ' , Budget Director Page 1 of_ . . . RESOLUTION NO. 2005-035 A RESOLUTION declaring expectation to reimburse expenditures with the proceeds of future debt. WHEREAS, the City of North Richland Hills, Texas (the "Issuer") intends to issue debt for street improvements, drainage improvements and expansion/upgrade of the fire training facility (collectively, the "Projects") and further intends to make certain capital expenditures with the proceeds of such debt; WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursements with the proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with the proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $1,145,000. PASSED AND ADOPTED this 11th day of April 2005. APPROVED: ATTEST: Oscar Trevino, Mayor City Secretary APPROVED AS TO LEGALITY: Attorney for the City APPROVED AS TO CONTENT: INFORMAL REPORT TO MA VOR AND CITY COUNCIL No. IR 2005-034 1\ ~ Date: March 7, 2005 Subject: Status of the Capital Improvements Program and Bond Sale In the 2004-2005 Capital Projects Budget, Council approved several projects that were to be funded through financing. Most of these were 2003 Bond Election projects. Management and staff have reviewed these projects for timing and project costs. The attached Project Status Report indicates which projects were approved to be included in the 2005 debt issuance and the current status of each project. Of the $4,255,000 in projects originally budgeted for 2005, Management and staff can identify $1 145,000 of projects that are in process or will require funding before Spring 2006. Some of the projects originally budgeted for 2005 have been delayed as explained in the status report. One project, Glenview Drive (Flory to Honey Lane), was originally estimated to cost $1,690,000. $1,100,000 of general obligation bonds was issued in 2004. The remaining $590,000 was included in the 2005 bond sale estimate. The project contract came in much lower than the original estimate. Public Works has determined that the $590,000 will not need to be sold for the Glenview project. Staff recommends that these voter approved funds be moved into the unspecified streets section of the 2003 Bond Election projects. These funds may legally be used for other general obligation street projects the City Council may approve in the future. Other changes in project status include a recommendation that the Tiburon Public Safety Software/Hardware Upgrade project be funded with Information Services cash reserves rather than through financing per the 2005 CIP Budget. The fiscal year 2004 estimated ending cash reserves balance was $1,428,216. The actual cash reserves balance at fiscal year end was $1,898,527. The better than expected cash balances will allow the City to complete all of the Information Services budgeted projects with cash reserves. The plan would be to replace the $650,000 cash for the Tiburon project over the next five to seven years (project useful life) through an increase in departmental allocations. This replacement of cash will be calculated into the multi-year information services replacement plan. Based on the changes in the status of the bond sale projects as described, management and staff recommend that the City not issue debt in 2005. By doing this, the City will save some costs of bond issuance and delay paying interest on the bonds. It is further recommended that these projects, except for the Tiburon pay-as-you-go project, be included in the 2006 bond sale. The street, drainage, and Fire Training Facility Expansion/Upgrade projects totaling $1,145,000 will all be started and completed as planned in the 2005 CIP Budget. Staff will bring forward a resolution in the near future which gives us the ability to reimburse any 2005 project expenditures with 2006 bond proceeds. The City has sufficient cash reserves in streets and drainage project savings and the Building Services Fund to cover the 2005 expenses until bond proceeds are received in 2006. It will be necessary to reimburse these funds to preserve the integrity of the Building Services multi-year plan and the 2003 bond election. A presentation of the Project Status and funding recommendations will be made during the March th Pre-Council meeting. 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It ~ QI s: Õ ~ .s ~ '" III ¡,j f- o W ... o II: ~ ~ Õ It> o o ... ..J ..J < .J ~ o f- ~ . - Announcements and Information April 11, 2005 Announcements Early voting for the May 7 City Council election will be held from 8 a.m. to 5 p.m., weekdays, April 20 through May 3, and from 10 a.m. to 4 p.m. on Saturday, April 30. Early voting will take place at City Hall, 7301 N.E. Loop 820. Please bring your voter registration card with you. The City of North Richland Hills continues its free concert series at Green Valley Park, 7701 Smithfield Road. Join us for Empty Pockets on April 22 at 7 p.m. Admission is free. Please bring your own lawn chairs and blankets. For more information, call 817-427-6614. Business Connections is a new program by the Economic Development . Department to assist the local business community. Business Connections can be called to find out information about the latest development in the City, plans and programs available for businesses, who to contact for interpretation of local ordinances and regulations, and any other business related issues. If you need assistance with your business, please remember to call Business Connections at 817-427-6094. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Officer Bill Washington, Police Department A letter was received from a North Richland Hills residents expressing gratitude for the helpfulness and genuine concern Officer Washington showed after her daughter's car accident. Officer Washington exemplified the standard of a perfect and excellent policeman, the resident said. .. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR# 2005-047 ~ Date: April 11, 2005 ~T Subject: Status of the New Library Construction Recently, the City received a citizen inquiry into the status of the new library. To address these concerns; the City Manager's Office has developed this report to give both the citizens and the City Council of North Richland Hills an update on the new library. In January we began advertising for architectural and design services for the new facility. A committee is now in the process of screening proposals that were submitted. In May, staff plans to negotiate and submit a proposed contract to the City Council which will recommend the most qualified architectural firm. The design phase of this project should last no more than a year. The design should be completed and construction of the new library should begin in the spring of 2006. It is estimated that the construction phase of this project should not exceed 18 months with an anticípated opening date in late 2007 or early 2008. The City's financing plan includes issuing certificates of obligation to complete the estimated $10.2 million project. As you may remember, The City has already issued $1.4 Million in C.O.'s to begin the project. The debt will be repaid with proceeds from the Tax Increment Reinvestment Zone, which was created in accordance with State law to finance the public improvements in this Reinvestment Zone. A portion of the land has already been acquired consistent with the terms of the Development Agreement with Arcadia. Staff is currently working with the developer to acquire the remaining land necessary for the library. The transaction should be finalized also by May. The entire site should be 3 to 4 acres. Although most of facility's details will not be known until the design phase is complete, we do anticipate a two story facility with up to 60,000 square feet, approximately 165 parking spaces, and a classical design suitable to satisfy all the design standards of the zoning district. The location of the new Library is going to necessitate some street improvements in the vicinity. The realignment of Cardinal/Simmons is a proposed project for the Capital Projects Budget in Fiscal Year 2005-2006. If approved, this project will realign the streets and connect the new library to Mid-Cities Blvd and Grapevine Highway. Once the library is complete and open, residents will be able to easily access the new facility from both of these major thoroughfares. Respectfully Submitted, . ~~ Larry J. Cunningham City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS · e e NRH Office of the City Manager Ii III R.JCHLAND HILLS April 4, 2005 Mr. John Propp 8220 Euclid Lane North Richland Hills, TX 76180 Re: Status of New Library Construction Dear Mr. Propp: Thank you for your recent inquiry into the status of the new Library construction. Approximately two months ago we began advertising for architectural and design services for the new facility. A committee is now in the process of screening proposals and we anticipate the City Council to select an architectural/design firm this coming May. The design of the Library should take approximately one year to complete. The City will finance the $10.2 million project with the sale of certificates of obligation. This debt will be repaid by proceeds from Tax Increment Reinvestment Zone # 2, which, as you know, was created for purposes of providing and financing for public improvements constructed in this District. Construction is anticipated to begin in the spring of 2006 and should not exceed 18 months with an anticipated opening date in late 2007 or early 2008. We are currently working with the developer to acquire the land where the Library will be located and this should also be complete by May. (A part of the land has already been acquired.) Although most of the details of the facility will not be known until the design phase is complete, we do anticipate a two story facility with up to 60,000 square feet, approximately 165 parking spaces, and a classical design suitable to satisfy all the design standards of this specific zoning district. The location of the new Library is going to necessitate some street improvements in the vicinity. The realignment and reconstruction of Cardinal/Simmons streets is a proposed project for the Capital Projects Budget in the next fiscal year. Once this project is complete, the Library will be easily accessed from both Mid- Cities Boulevard and Grapevine Highway, making either of these the most viable approaches for residents throughout our City. CML 2005-022 ¡:'U Bn;, 820fìOµ J ~.\ortll ::;¡';i,lmHi llii!"!"'"", , ,I:: pr'·¡Ì\Y;~: . e e . Thank you for your concern regarding this matter. The City Manager's Office will be generating a status report for the City Council Meeting in the coming months. Please do not hesitate to contact Richard Torres, Assistant City Manager, or me with any further questions. Sincerely, ~o- ' ¿µ La'::v~ ~Qn~ing~ City Manager xc: Honorable Mayor and Members of the City Council Richard Torres, Assistant City Manager Steve Brown, Library Director CML 2005-022