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HomeMy WebLinkAboutCC 2005-01-24 AgendasC, • CITY OF NORTH RICHLAND HILLS PRE - COUNCIL AGENDA JANUARY 24, 2005 — 6:10 P.M. For the Meeting conducted at the North Richland Hills City Hall - Pre - Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular January 24, 2005 City Council Meeting 5 Minutes 2. IR 2005 -014 Discuss Revision to Section 14 -1 of the Code of Ordinances Relating to the Definition of Massage Establishments — Ordinance No. 2818 <Agenda Item No. 08> (10 Minutes) 3. IR 2005 -015 Discuss Political and Weekend Advertising Sign Revisions to the North Richland Hills Sign Regulations — Ordinance No. 2819 <Agenda Item No. 09> 10 Minutes 4. IR 2005 -013 Discuss Impact Fees and the Updating Process <Agenda No. 10> (15 Minutes) 15. Adjournment 01/24/05 City Council Agenda Page 1 of 4 %PPSTED � 0,5 Date Time 4 . City Secretar kkl U_A.) r 1 LJ • • CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JANUARY 24, 2005 — 7:00 PM For the 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 — Smithfield Middle School 3• Pledge — Smithfield Middle School 4. Special Presentations Certificate of Recognition - Sean Lynch, David Clines, Bo Green 5. Citizens Presentation 6. Removal of Item(s) from the Consent Agenda 01/24/05 City Council Agenda Page 2 of 4 Ll • • NUMBER ITEM ACTION TAKEN 7. Consent a. Minutes of the January 10, 2004 Council Agenda Meeting GN 2005 -008 b. Authorize Application for Edward Byrne Memorial Fund Grant — Resolution No. 2005 -005 GN 2005 -009 c. Calling May 7, 2005 City Council Election — Resolution No. 2005 -006 PU 2005 -001 d. Award Bid for 2005 -Year Model Vehicles to Lynn Smith Chevrolet in the Amount of $293,291; Friendly Chevrolet in the Amount of $66,979 and Capital Chevrolet in the Amount of $40,754 8. GN 2005 -010 Approve Ordinance Revising Section 14 -1 of the Code of Ordinances Relating to the Definition of Massage Establishments - Ordinance No. 2818 9. GN 2005 -011 Approve Ordinance Revising Sections 13.C(6) and 13.C(9)(G) of Ordinance 2374 as Amended, the Sign Ordinance of the City of North Richland Hills Relating to Political Signs and Weekend Advertising Signs - Ordinance No. 2819 10. GN 2005 -012 Reschedule Public Hearing Date for Land Use Assumptions, Impact Fee Capital Improvements Plan and Impact Fees 11. GN 2005 -013 Appointment of Board Member to Reinvestment Zone Number One (TIF No. 1) and Reinvestment Zone Number Two (TIF No. 2 12. GN 2005 -014 Appointment to Naming Board 13. PU 2005 -002 Authorize City Manager to Execute a Contract with Blank Slate Advertising for a Creative Advertising Contract in the Amount of $35,000 for Services at NRH2O Family Water Park - Resolution No. 2005 -007 14. PU 2005 -003 Approve Contract Renewal of Microsoft Enterprise Agreement with SHI Government Solutions — Resolution No. 2005 -008 01/24/05 City Council Agenda Page 3 of 4 0 • NUMBER ITEM ACTION TAKEN 15. PU 2005 -004 Authorize City Manager to Execute a Professional Services Contract with Davis & Davis, Inc. in the Amount of $19,500 for Architectural Design Services for the Catering Building at NRH2O - Resolution No. 2005 -009 16. Information and Reports 17. Adjournment 01/24/05 City Council Agenda Page 4 of 4 TED Date - -�- - 13 v R. (n. Time U4-, City Secretar • 0 • i MPublic gs The Regional Transportation Council of the North Central Texas Council of Governments invites the public to comment on the following topics and help set transportation priorities: • Updates to the Current Transportation Improvement Plan Updates to the Metropolitan Transportation Plan and the New Transportation Improvement Plan • Air Quality Conformity of the Metropolitan Transportation Plan and the New Transportation Improvement Plan • Amendments to the 2004 -2005 Unified Planning Work Program . Trans Texas Corridor: Regional Response For special accommodations due to a disability, for Spanish translation, or for additional information, call Lara Rodriguez at (817) 695 -9247 at least 72 hours prior to the meeting date. Reasonable accommodations will be made North Central Texas Council of Governments Transportation Department www.nctcog.org/trans/public—involvement Tuesday, January 18, 2005 Dallas City Hall — L1 FN Auditorium 1500 Marilla Street Dallas, TX 75201 Tuesday, January 18, 2005 Intermodal Transportation Center Community Room, 2nd Floor 1001 Jones Street Ft. Worth, TX 76102 Wednesday, January 19, 2005 Richardson Civic Center West Conference Room 411 West Arapaho Road Richardson, TX 75080 10:30 AM 6:30 PM 6:30 PM rORM AL REPORT TO MAYOR AND CITY COUNCIL No. IR 2005 -014 Date: 1/24/2005 Subjec t: Revision to Section 14 -1 of the Code of Ordinances Relating to the Definition of Massage Establishments - Ordinance No. 2818 Effective September 1, 1999, the 76t' Texas Legislature approved new regulations that license therapeutic massage establishments as well as therapeutic massage therapists. In addition to the new licensing requirements, the legislature also passed a section that prohibits political subdivisions from adopting similar regulations that are more restrictive than those for other health care professionals or establishments. The North Richland Hills City Code currently does not recognize the status of a state licensed "Massage Therapy Establishment" or a state licensed "Massage Therapist" and thereby inadvertently imposes requirements that are more restrictive than those currently imposed on the remainder of our health care activities; including massage therapy schools. Ordinance No. 2818 has been written to further clarify the North Richland Hills City Code by bringing it into order with the state statute. Appropriately licensed massage therapy establishments, massage therapy schools, and massage therapists will be exempt from the more restrictive provisions applied to non - licensed establishments and therapists. Staff is unaware of any instance where the more restrictive requirements of the current city code have been applied to a licensed business and /or person and is unfamiliar of any circumstance where the city would have acted in conflict with state law The City Attorney has reviewed this amendment and supports its recommendation for approval and adoption by City Council. This item will be discussed in Pre - Council session and followed by an action item on the Council's agenda. Respectfull 5ubmi d, , David B. Pendley Building Official ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL Date: Subject: 1/24/2005 No. IR 2005 -015 Political and Weekend Advertising Sign Revisions to the North Richland Hills Sign Regulations - Ordinance No. 2819 In an on going effort to uphold safety and clarify the City's sign regulations as they relate to political signs and weekend advertising signs, staff is presenting the following amendments to the city's sign regulations for Council consideration. Section 13.C(6)f has been modified to further clarify that signs containing a primarily political message which are larger than 36 square feet and taller than 8 feet, are not to be considered a political sign and are subject to all other sign requirements (including permits). This amendment will also prevent the location of these larger sign types in residential zoning districts when prohibited by other sections of the sign regulations. Section 13.C(6)g has been amended to grant city personnel the authority to remove, without prior notice, political signs located within the public right -of -way if the Director of Public Works or his /her designee determines that a sign(s) constitutes a safety or traffic hazard. Section 13.C(6)i has been revised to provide clarification that no portion of a political sign can be located closer than three feet from the back of curb; nor may they be placed in the right -of- way adjacent to publicly owned land (excluding roads) which can cause the misperception that such signs are sponsored by the entity owning such adjacent property. 13.C(9)(g) has been amended to prohibit the placement of weekend advertising signs in the right -of -way adjacent to publicly owned land (excluding roads). The City Attorney has reviewed these amendments and supports its recommendation for approval and adoption by City Council. This item will be discussed in Pre - Council session and followed by an action item on the Council's agenda. RespectFully,&4 David B. Pendley Building Official ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL Date: January 24, 2005 Subject: Impact Fees and the Updating Process No. I R 2005 -013 The City hired the engineering firm of Freese and Nichols, Inc. (F &N) to prepare an update to the City's impact fee program. F &N has completed their work and will be conducting a public hearing in March over the key components of the impact fee update. Since the last impact fee update was in 1997, staff would like to brief the Council on impact fees in general and on the key components of the impact fee update. In September 2001, the State Legislature passed Senate Bill 243 which describes the procedure all municipalities shall follow to implement an impact fee. An impact fee is defined as a charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costs of capital improvements necessitated by and attributable to such development. The City has been collecting water and wastewater impact fees on new service connections since June 1990 in accordance with State law. State law requires the City to review the Capital Improvement Plan (CIP) and impact fees every five years and update if necessary. The maximum time frame between updates is 10 years. The last update to the City's plan was performed in 1997. An impact fee update consists of 3 key components. Land Use Assumptions - Since impact fees are based on a 10 year development plan, the City must have adopted land use assumptions. The land use assumptions consist of the growth trends, development patterns, and population projections. The basis for many of these assumptions is the City's Comprehensive Land Use Plan. This plan represents the type of development the City is expecting to occur in the City. The City recently went through a very thorough process updating the City's Comprehensive Land Use Plan (approved by Council April 2001). The plan used by the City's consultant (F &N) was the 2001 plan including any revisions to the plan that have been previously approved by Council. • Impact Fee CIP - This plan represents the capital improvements that are required to provide water and sewer service to the areas of the City that are projected to develop during the next 10 years (by 2014). The Impact Fee CIP plan will be presented to the Council by F &N during the meeting. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS • Maximum Allowable Impact Fee - Chapter 395 of the Texas Local Government Code states that the maximum impact fee may not exceed the amount determined by dividing the total cost of capital improvements needed by the total number of service units attributed to new development during the impact fee eligibility period, less a credit to account for water and wastewater revenues and property taxes used to finance the capital improvements. The law allows this credit to be equal to one half (1/2) the maximum calculated impact fee. For example, if the maximum calculated fee was $2,000, then the credit would be 1/2 of $2,000 or $1,000. Therefore, the maximum allowable impact fee would be $2,000 (max calculated) - $1,000 (credit) = $1,000. Staff will go into further explanation on the key components during the Pre Council Meeting and will be available to answer any questions the Council may have. No action is being requested from Council at the January 24, 2005 meeting, other than rescheduling the public hearing. All questions pertaining to impact fees and /or the updating process are welcomed by staff. Respectfully submitted, 40 ike Curtis, P.E. Public Works Director �i U • Special Presentation Recognition: Certificate of Recognition Presenters: Councilman Lewis and Joann Stout Recipients: Sean Lynch, David Clines, Bo Green Reason: Last month, North Richland Hills Resident Elizabeth Whatley was attacked by a dog while jogging in the Meadowview Estates neighborhood. During this frightening incident three neighbors came to Mrs. Whatley's assistance. The three men managed to get the dog off of Mrs. Whatley and stayed at the scene to inform Police, animal control and EMS as to what had happened. These three men deserve special recognition for their brave actions and assistance to Mrs. Whatley. . to 0 0 0 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 LOOP 820 — JANUARY 10, 2005 PRE - COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre - Council session on the 10th day of January, 2005 at 6:25 p.m. in the Pre - Council Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino David Whitson John Lewis Jo Cox Suzy Compton Nancy Bielik Timothy J. Welch Absent: JoAnn Johnson Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson Alicia Richardson George Staples John Pitstick Lary Koonce Mary Edwards Dave Green Drew Corn Call to Order Mayor Mayor Pro Tern Councilman Councilwoman Councilwoman Councilwoman Councilman Councilwoman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative /Fiscal Services City Secretary Assistant City Secretary City Attorney Director of Development Finance Director Public Information Officer Director of Planning Budget Director Mayor Trevino called the Pre - Council meeting to order at 6:25 p.m. 1. Discuss items from Regular January 10 2005 City Council Meeting Councilwoman Bielik questioned why some final plats are on the regular agenda and others are on the consent agenda. Mr. Cunningham explained that final plats are generally placed on the consent agenda, but that the plats before Council tonight relate to zoning requests, which are also on the agenda. A decision was made to put all the items together. Mr. Cunningham explained that should Council decide not to approve the zoning, they might also not want to approve the related plat. Any plats relating to • City Council Minutes January 10, 2005 Page 2 residential replats require public hearings and are therefore also placed on the regular agenda. Councilwoman Cox requested clarification on the square footage requirements for R -1 and R -2 zoning. Mr. Green advised R -2 zoning requires a minimum 9,000 square foot lot and a 2,000 square foot minimum house. R -1 zoning requires a minimum 11,000 square foot lot and a 2,400 square foot house. 2. IR 2005 -001 Review Process of Gas Rate Regulatory Procedures Mr. Staples gave Council a general overview on utility rate regulatory procedures and the city's role in the process. Council was advised there are two items on the regular agenda pertaining to ATMOS request for an interim rate adjustment. Staff will address the items during the regular Council meeting. 3. IR 2005 -009 Report on Limitations on Actions and Statements of Members of City Boards & Commissions In response to questions raised during the December Council meeting regarding Board and Commission members ability to participate in public forums and political activities, a • general memorandum was prepared by City Attorney Staples to give guidance to the Board and Commission members. Mr. Staples discussed with Council the contents of the memorandum. Council was that advised that with their consensus the information will be distributed to each of the Boards & Commissions by placing an item on each of their agendas to discuss and answer any questions. The consensus of the Council was for Staff to proceed with taking the information to each of the Board and Commissions. Adjournment Mayor Trevino announced at 6:44 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 January 10, 2005 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor • David Whitson Mayor Pro Tern is Absent John Lewis Jo Cox Suzy Compton Nancy Bielik Timothy J. Welch JoAnn Johnson Staff: Larry J. Cunningham Patricia Hutson Alicia Richardson George Staples City Council Minutes January 10, 2005 Page 3 Councilman Councilwoman Councilwoman Councilwoman Councilman Councilwoman City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Councilwoman Jo Cox gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilwoman Jo Cox led the pledge of allegiance. Mayor Pro Tern Whitson recognized Boy Scout David Michener, Troop 144 None. 4. SPECIAL PRESENTATIONS 5. CITIZENS PRESENTATION Mrs. Patricia Christopher, 6708 Tabor, spoke on the article in Sunday's newspaper regarding the operation of a recreational vehicle storage business in a residential area. Mayor Trevino asked the City Manager to send a letter to Mrs. Christopher explaining is the facts of the case. • None. City Council Minutes January 10, 2005 Page 4 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE DECEMBER 13, 2004 COUNCIL MEETING B. FP 2004- CONSIDERATION OF A REQUEST FROM J & J NRH 100 FLP TO APPROVE THE FINAL PLAT OF FOREST GLENN WEST PHASE II ADDITION (LOCATED IN THE 8000 BLOCK OF SMITHFIELD ROAD — 38.616 ACRES) MAYOR PRO TEM WHITSON MOVED TO APPROVE THE CONSENT AGENDA, COUNCILMAN LEMS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. • 8. ZC 2004 -09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RICK FIGUEROA FOR A ZONING CHANGE FROM "AG" AGRICULTURE TO "R2" RESIDENTIAL (LOCATED IN THE 8800 BLOCK OF KIRK LANE — 2.996 ACRES) — ORDINANCE NO. 2815 APPROVED Mayor Trevino opened the Public Hearing. The site currently contains a single family residence. The purpose of the request is to rezone and subdivide the tract to develop four single family residences in addition to the applicant's existing residence. The Comprehensive Plan depicts low residential uses for the area and the proposed zoning is consistent with the plan. The Planning & Zoning Commission at their December 16, 2004 meeting recommended approval of the request. Staff recommends approval of the Ordinance. Mr. Rick Figueroa, applicant, presented case and was available to answer questions from Council. Director of Planning Dave Green summarized case and was available to answer questions from Council. • Mayor Trevino asked if there was anyone wishing to speak for or against the request. i City Council Minutes January 10, 2005 Page 5 Mayor Trevino advised that a letter of opposition received by the Planning and Zoning Commission was included in Council packets. There being no one wishing to speak Mayor Trevino closed the Public Hearing. COUNCILMAN WELCH MOVED TO APPROVE ZC 2004 -09, ORDINANCE NO 2815.. COUNCILWOMAN BIELIK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0 9. ZC 2004 -10 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MEIKEL D. BOYDSTON FOR A ZONING CHANGE FROM "AG" AGRICULTURE TO "R2" RESIDENTIAL (LOCATED AT 8324 SMITHFIELD ROAD —.751 ACRES) — ORDINANCE NO. 2816 APPROVED Mayor Trevino opened the Public Hearing. • The purpose of the request is to rezone and plat tract to building a single family residence. Property is currently unplatted and zoned agricultural. The Comprehensive Plan depicts low density residential uses for the area and the proposed zoning and use are consistent with the Comprehensive Plan. The Planning & Zoning Commission recommended approval at their December 18, 2004 meeting. Staff recommends approval of Ordinance No. 2816. Mr. Mark Long, 6615 Precinct Line Road, engineer for applicant, presented case and was available to answer questions. Director of Planning Dave Green summarized case and was available to answer questions. Mayor Trevino asked for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak Mayor Trevino closed the Public Hearing. COUNCILMAN LEWIS MOVED TO APPROVE ZC 2004 -10, ORDINANCE No. 2816. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. • u City Council Minutes January 10, 2005 Page 6 10. FP 2004 -09 CONSIDERATION OF A REQUEST FROM MEIKEL D. BOYDSTON TO APPROVE THE FINAL PLAT OF LOT 2, BLOCK 1 BRADFORD ADDITION (LOCATED AT 8324 SMITHFIELD ROAD —.751 ACRES) APPROVED The purpose of the request is to plat the property to allow the applicant to construct a single family house on the site. The Planning & Zoning Commission recommended approval of the final plat at their December 16, 2004 meeting. Mr. Mark Long, 6615 Precinct Line Road, engineer for the applicant, was present to answer questions from the Council. Director of Planning Dave Green summarized the case and was available to answer questions. MAYOR PRO TEM WHITSON MOVED TO APPROVE FP 2004 -09. COUNCILWOMAN BIELIK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0.. 0 11. ZC 2004 -11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ERNEST HEDGCOTH REPRESENTING ROSALIO MIRANDA FOR A ZONING CHANGE FROM "AG" AGRICULTURE TO "112" RESIDENTIAL (LOCATED AT 6800 HEWITT STREET —1.009 ACRE) — ORDINANCE NO. 2817 MOVED TO END OF AGENDA 12. FP 2004 -08 CONSIDERATION OF A REQUEST FROM ROASALIO MIRANDA TO APROVE THE FINAL PLAT OF LOT 1, BLOCK 1 MIRANDA ADDITION (LOCATED AT 6800 HEWITT STREET —1.009 ACRES) MOVED TO END OF AGENDA 13. PW 2005 -001 APPROVE MECHANIC'S LIEN CONTRACT FOR PUBLIC IMPROVEMENTS FOR THE CONSTRUCTION OF A SIDEWALK AT LOT 1, BLOCK 1, MIRANDA ADDITION (6800 HEWITT STREET) — RESOLUTION NO. 2005-001 MOVED TO END OF AGENDA Representative was not present to present Agenda Items 11, 12, and 13. Items were is moved to end of meeting. • City Council Minutes January 10, 2005 Page 7 14. RP 2004 -10 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JIMMY SIMPSON TO APPROVE THE REPLAT OF LOT 8R, BLOCK C HEWITT ESTATES LOCATED IN THE 7700 BLOCK OF FRANKIE B STREET — 0.358 ACRES) APPROVED Mayor Trevino opened the Public Hearing. The purpose of the replat is to combine two existing vacant residential lots into one lot for the purpose of constructing a single family home. The Public Works Department has submitted a letter stating all requirements have been met and recommending plat be forwarded to Council for consideration. The Planning and Zoning Commission recommended approval of the replat at their December 16, 2004 meeting. Mayor Trevino opened the Public Hearing. Mr. Jimmy Simpson, applicant, was present to present case and answer questions. Director of Planning Dave Green summarized case and answered questions. • Mayor Trevino called for anyone wishing to speak in favor or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. MAYOR PRO TEM WHITSON MOVED TO APPROVE RP 2004 -10. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 15. GN 2005 -001 AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH JET POWERED GROUP FOR THE PREPARATION OF BRANDING AND DESIGN EFFORTS FOR THE SOUTH GRAPEVINE HIGHWAY CORRIDOR — RESOLUTION NO. 2005 -002 APPROVED The nature of the request is to approve a contract with Jet Powered Group for the preparation of branding and design efforts for the South Grapevine Highway Corridor. The cities of North Richland Hills and Richland Hills adopted an interlocal agreement in June 2004 to promote jointly the planning and implementation of revitalization efforts for • the South Grapevine Highway Corridor. One of the primary priorities was to hire a professional consultant to develop marketing, branding and design concepts for the n U City Council Minutes January 10, 2005 Page 8 corridor. The joint Oversight Sub - Committee is recommending a contract with the Jet Powered Group. Total contract cost is $75,000 which will be split by both cities. Funds were approved in this year's budget. Richland Hills will also consider the contract at their meeting on January 11. MAYOR PRO TEM WHITSON MOVED TO APPROVE RESOLUTION NO. 2005 -002, GN 2005 -001.. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -1; MAYOR PRO TEM WHITSON, COUNCILWOMEN COMPTON, COX, AND JOHNSON AND COUNCILMAN LEWIS VOTING FOR AND COUNCILWOMAN BIELIK VOTING AGAINST. 16. GN 2005 -002 SUSPENSION OF INTERIM RATE ADJUSTMENT PROPOSED BY ATMOS ENERGY CORPORATION - RESOLUTION NO. 2005 -003 APPROVED The purpose of the resolution is to suspend implementation of the proposed filing by Atmos Energy to increase its distribution rates, known as a GRIP, effective February 15, 2005. The resolution will also appoint a staff member as the City's representative to • a Cities' Steering Committee; authorize intervention in any Railroad Commission or court proceedings related to the GRIP rate increases, and require Atmos Energy Corporation to reimburse the city reasonable costs associated with the city's review of the GRIP rate increase filings or participation in any subsequent proceeding. Managing Director Karen Bostic was available to answer questions from council. COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION NO. 2005 -003 AND GN 2005 -002. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0.. 17. GN 2005 -003 AUTHORIZE PARTICIPATION OF INTERVENTION IN RAILROAD COMMISSION GAS UTILITY DOCKET NO. 9530 - RESOLUTION NO. 2005 -004 APPROVED Atmos Energy Corporation, formerly known as TXU Gas, made a filing of a gas cost prudence review with the Railroad Commission of Texas on September 24, 2004. The filing has been docketed as GUD No. 9530. Resolution No. 2005 -004 authorizes intervention filed on behalf of the City of Arlington, appoints a city representative to a Cities' Steering Committee, and requires Atmos Energy Corporation to reimburse the • City Council Minutes January 10, 2005 Page 9 city reasonable costs associated with the city's participation in Gas Utility Docket No. 9530 or any subsequent proceeding. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2005-004. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 18. GN 2005 -004 CONSIDER APPOINTMENT TO QUAD CITIES DFW FOUNDATION APPROVED Mayor Trevino advised council he would like to nominate Councilman Lewis to the Quad Cities DFW Foundation. Councilman Lewis would replace the vacancy left by former Councilman Metts. MAYOR PRO TEM WHITSON MOVED TO APPROVE THE NOMINATION OF COUNCILMAN LEWIS. COUNCILWOMAN COX SECONDED THE MOTION. • MOTION TO APPROVE CARRIED 6-0. 19. GN 2005 -005 CONSIDER APPOINTMENT TO SOUTH GRAPEVINE HIGHWAY CORRIDOR OVERSIGHT COMMITTEE APPROVED Mayor Trevino advised council former Councilman Metts served on the South Grapevine Highway Corridor Oversight Committee with Councilwoman Johnson and at this time council needed to appoint a replacement to the committee. COUNCILMAN LEWIS MOVED TO APPOINT MAYOR PRO TEM WHITSON. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 20. GN 2005 -006 APPOINTMENT TO PLANNING & ZONING COMMISSION & CAPITAL IMPROVEMENT ADVISORY COMMITTEE — EX OFFICIO POSITION ITEM PULLED FROM AGENDA 40 Mayor Trevino pulled item from agenda. • City Council Minutes January 10, 2005 Page 10 21. GN 2005 -007 APPOINTMENTS TO WHOLESALE WATER CUSTOMER ADVISORY COMMITTEE AND WHOLESALE WASTEWATER CUSTOMER ADVISORY COMMITTEE APPROVED City Secretary Patricia Hutson advised council it was necessary to make a voting member appointment and alternate appointment to the Wholesale Water Customer Advisory Committee and Wholesale Wastewater Customer Advisory Committee. The terms for both committees expire September 30, 2005. MAYOR PRO TEM WHITSON MOVED TO MAINTAIN TIM WELCH AS VOTING MEMBER AND MIKE .CURTIS AS ALTERNATE VOTING MEMBER TO BOTH COMMITTEES. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. • 11. ZC 2004 -11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ERNEST HEDGCOTH REPRESENTING ROSALIO MIRANDA FOR A ZONING CHANGE FROM "AG" AGRICULTURE TO "112" RESIDENTIAL (LOCATED AT 6800 HEWITT STREET —1.009 ACRE) — ORDINANCE NO. 2817 APPROVED Mayor Trevino opened the public hearing. The nature of the request is to rezone unplatted property tract to build an addition onto an existing singe family residence. Property is currently zoned "AG" Agricultural which does not permit expansion of the existing residence. Mr. Ernest Hedgcoth, representing applicant, was available to answer questions from council. Director of Planning Dave Green summarized case and was available to answer questions from Council. Mayor Trevino asked for anyone wishing to speak in favor or against request to come forward. 0 Ms. Ginny Parson, 7701 Turner, spoke in favor of request. City Council Minutes January 10, 2005 Page 11 There being no one else wishing to speak Mayor Trevino closed the public hearing. MAYOR PRO TEM WHITSON MOVED TO APPROVE ORDINANCE N0.2817 AND ZC 2004 -11. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. 12. FP 2004 -08 CONSIDERATION OF A REQUEST FROM ROASALIO MIRANDA TO APROVE THE FINAL PLAT OF LOT 1, BLOCK 1 MIRANDA ADDITION (LOCATED AT 6800 HEWITT STREET —1.009 ACRES) APPROVED The purpose for the final plat is required for applicant's request for a building permit to expand his existing home. Mr. Ernest Hedgcoth, representing applicant, was available to answer questions from council. • Director of Planning Dave Green summarized case and was available to answer questions from Council. COUNCILMAN LEms MOVED TO APPROVE FP 2004 -08. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 13. PW 2005 -001 APPROVE MECHANIC'S LIEN CONTRACT FOR PUBLIC IMPROVEMENTS FOR THE CONSTRUCTION OF A SIDEWALK AT LOT 1, BLOCK 1, MIRANDA ADDITION (6800 HEWITT STREET) — RESOLUTION NO. 2005 -001 APPROVED Resolution No. 2005 -001, an approval of a mechanic's lien, is a result of Mr. Miranda's request for a final plat. In accordance with the Subdivision Ordinance, one of the requirements for platting property requires that sidewalks be constructed at the time the property is developed. In Mr. Miranda's case there were no existing sidewalks adjacent to his property. If there are no existing sidewalks to connect with, the developer has the option of escrowing the funds to the city for the sidewalks. In lieu of escrowing funds, Mr. Miranda has requested to enter into agreement (Mechanic's Lien) with the city to pay for sidewalks at such time when sidewalks are established. • City Council Minutes January 10, 2005 Page 12 Council discussed the feasibility of the Mechanic's Lien, possibility of sidewalks not being constructed in affected property owner's neighborhood and the process other cities take to address the installation of sidewalks. MAYOR PRO TEM WHITSON MOVED TO APPROVE RESOLUTION No. 2005-001 AND PW 2005- 001. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -1; WITH COUNCILMEN Lams, WELCH AND MAYOR PRO TEM WHITSON AND COUNCILWOMEN JOHNSON AND BIELIK VOTING FOR AND COUNCILWOMAN COX VOTING AGAINST. 22. INFORMATION AND REPORTS IR 2005 -002 UPDATE OF LOOP 820 CORRIDOR STUDY The purpose of the Informal Report is to update council on the Loop 820 corridor study. The planning study is prepared in anticipation of and in advance of the proposed widening /expansion of Loop 820. The proposed roadway project will have a major IS impact on the landscape, land uses along the corridor and traffic patterns within the area. The purpose of the study is to prepare for the changes in advance of the actual construction. Assistant City Manager Mr. Torres advised council the City of North Richland Hills would not be acquiring property along Loop 820 as a direct result of the roadway widening. Mr. Torres further advised the project as currently designed involves the acquisition by the State of several land parcels owned by the City. Although the city may have some minimal input on issues that effect local streets, access and development, the City of North Richland Hills will not be able to control details of the project. Mr. Torres informed council the City will not be involved in exercising its right to eminent domain as a direct result of the widening project. Councilwoman Compton made the following announcements. Registration for the Adult Spring Softball and Kickball Leagues begins on January 17. For more information, please contact the Recreation Center at 817- 427 -6600. The City will host the 5th Annual Growing Great Kids Parenting Seminar at the Recreation Center on Saturday, January 22. The seminar is free. Pre - registration is required. For more information, please call the Recreation Center 817 - 427 -6600. Iron Horse Golf Course is currently booking its pavilion and clubhouse for weddings, receptions, graduation parties, retirement parties and more. Call today to reserve your spot. NRH residents who book an event by January 31 will receive a discounted rental 40 rate. For more information please call 817 - 485 -6666 ext. 24. City Council Minutes January 10, 2005 Page 13 • Free high speed wireless internet access, known as Wi -Fi, is now available at the North Richland Hills Public Library. The new service allows library patrons to connect to the Internet using their own laptop computer or a personal digital assistant, such as a Palm Pilot. For more information, call the Library at 817 - 427 -6814. Kudos Komer Every Council Meeting, we spotlight our employees for the great things they do. Kathye McCall, Dan Echols Senior Center A resident sent a letter praising Kathye McCall for being a tireless person who is very kind and caring. She said Kathye is a blessing and a real asset to NRH and the citizens who attend Dan Echols Senior Center. 23. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:28 p.m. ATTEST: Patricia Hutson - City Secretary Oscar Trevino - Mayor r_1 LJ • CITY OF NORTH RICHLAND HILLS Department:. Police Department Council Meeting Date: 1/24/05 Subject, Application for Edward Byrne Memorial Fund Grant - Agenda Number: GN 2005 -008 Resolution No. 2005 -005 The City of North Richland Hills Police Department has participated in a multi- agency task force under the supervision of the Tarrant County District Attorney's Office for the past sixteen years. Because of the county -wide jurisdiction of the task force, prior funding for the task force detectives' positions was procured through grants applied for and administered by Tarrant County. New requirements under the Edward Byrne Memorial Fund Grant Program, as administered by the Criminal Justice Division of the Texas Governor's office for FY 2006, preclude a county -wide application for the grant funding, and necessitate that each participating law enforcement agency apply individually for grant funding for their respective detectives' positions. With the assistance provided through grant funding, the North Richland Hills Police Detective assigned to this county -wide narcotics unit will continue to operate within the unit as in previous years to detect and prosecute criminal offenses involving the manufacture, trafficking, distribution, and sale of illicit drugs occurring in and around the City. With the approval of the City Council, the Police Department would like to make application to the Criminal Justice Division for a grant to fund approximately $64,034 of the direct salary costs for the detective's position; an approximate $21,345 cash match would be provided from City funds upon receipt of the grant funds from the State. This grant funds activities from June 1, 2005 to May 31, 2006 and is made under the Byrne formula, which provides 75% of projected expenses and requires a 25% cash match. The attached resolution will authorize application for the grant and appoint the City Manager as the agent to act for the City relative to the grant. Recommendation: To approve Resolution No. 2005 -005. Source of Funds: Bonds (GO /Rev.) Operating Budget Other f Departm Finance Review Account N urpber 001 - 0000 - 431.10 -90 Sufficien 06nos Available Budget Director r Manager Signature Page 1 of 1 RESOLUTION NO. 2005 -005 WHEREAS, the City of North Richland Hills, Texas possesses legal authority to apply for the 2006 Byrne Formula Grant and make appointments for the conduct of business relative to the Grant; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills that the Special Narcotics Investigator Project be operated for the Fiscal Year 2006; and WHEREAS, The City Council of North Richland Hills agrees to provide applicable matching funds for the said project as required by the Byrne Formula Grant Program grant application; and WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or misuse of the Governor's Criminal Justice Division funds, The City Council of North Richland Hills assures that the funds will be returned to the Governor's Criminal Justice Division in full; WHEREAS, The City Council of North Richland Hills designates City Manager Larry J. Cunningham as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. is NOW THEREFORE, BE IT RESOLVED that The City Council of North Richland Hills approves submission of the grant application for the Special Narcotics Investigator Project to the Governor's Criminal Justice Division. • PASSED AND APPROVED this 24th day of January, 2005. APPROVED: Oscar Trevino, Mayor ATTEST: City Secretary ROVED AS TO CONTENT: Chief of APPROVED AS TO FORM AND LEGALITY: Attorney for the City CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1/24/2005 Subject: _Calling City Council Election - Resolution No 2005 -006 Agenda Number: GN 2005 -009 The attached resolution calls for a City election to be held on May 7, 2005 for the election of City Council Places 1, 3, 5 and 7 for two -year terms of office. The resolution calls for the election to be conducted in accordance with the Texas Election Laws. It establishes the voting locations and provides for early voting procedures. The appointment of Election Day officials will be brought to Council at a later date for approval. In accordance with State law, filing will begin on February 5, 2005 and end on March 7, 2005, and early voting by personal appearance will begin April 20, 2005 and end May 3, 2005. The resolution authorizes the City Secretary to procure voting machines for the election and to contract with the Tarrant County Elections Administrator for early voting and other miscellaneous voting services. The City will be using the Direct Record Electronic system (DRE) for early voting and the Optech Eagle voting machines on Election Day. The City will hold its election jointly with the Birdville Independent School District as we have done the past several years. In the event a run -off election is necessary following the canvass of the May 7 election, the attached resolution also provides a run -off date of Saturday, June 4, 2005. This date is in accordance with State law. Recommendation: To approve Resolution No. 2005 -006 Finance Review Source of Funds: Account Nu r Bonds (GO /Rev.) Sufficient F n i a e Operating Budget Other _ Department Head Signature City Manager Signature ance Director r • is • RESOLUTION NO. 2005-006 WHEREAS, the regular election for the City of North Richland Hills, as set forth by the Texas Election Code, is required to be held on May 7, 2005, at which time the voters will elect City Council Places 1, 3, 5, and 7; and WHEREAS, in accordance with Section 271.002 of the Texas Election Code, the City election will be conducted jointly with Birdville Independent School District; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT an election is hereby called to elect City Council Places 1, 3, 5 and 7 to serve until May of 2007, or until their successors are duly elected and qualified. Such election shall take place on the 7th day of May, 2005, from 7:00 a.m. until 7:00 p.m. Section 2: Qualified persons may file as candidates by filing with the City Secretary between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, beginning February 5, 2005, and ending on March 7, 2005. Each application for a place on the ballot shall be accompanied by either a filing fee of One Hundred Fifty ($150.00) Dollars payable to the City, or, in lieu of the filing fee, a Petition seeking the candidate's name to be placed on the ballot. Such Petition must be signed by at least one hundred fifty (150) qualified voters of the City. Forms for the Petition shall be furnished to potential candidates by the City Secretary. Section 3: The location of polling places for this joint election are designated pursuant to Section 271.003 of the Texas Election Code, and the Council finds that the following locations can most adequately and conveniently serve the voters in this election, and that these locations will facilitate the orderly conduct of the election: PRECINCT VOTING LOCATION Precinct One (includes County voting precincts City Hall, 7301 Northeast Loop 820 3214, 3324, 3333, 3041, 3364, 3366 & 3416) Precinct Two (includes County voting precincts Dan Echols Senior Adult Center 3032, 3140, 3215, 3289, 3325, 3326, 3399, 3424, 6801 Glenview Drive 3631, 3633, 3634, 4620 & 4629) Precinct Three (includes County voting precincts Bursey Road Senior Adult Center 3063, 3049, 3177, 3209, 3365, 3367, 3387, 7301 Bursey Road 3507, 3527, 3543, 3580 & 3584) Section 4: Each Presiding Judge shall appoint not less than two, but no more than ten qualified clerks to serve and assist in holding said election, provided that if the Resolution No. 2005 -006 Pagel of 3 i • r1 U Presiding Judge herein appointed actually serves, the Alternate Presiding Judge shall be one of the clerks. Section 5: Early voting will be held on weekdays beginning on April 20, 2005 at 8:00 a.m. and will continue through May 3, 2005 at 5:00 p.m. Such early voting shall take place in the office of the City Secretary in the North Richland Hills City Hall (the Pre - Council Room and City Council Chambers shall be considered an extension of the City Secretary's office for early voting purposes) at 7301 Northeast Loop 820, North Richland Hills, Texas. Applications for early voting by mail shall be delivered to the City Secretary at the same address not earlier than Tuesday, March 8, 2005, and not later than the close of business on Tuesday, April 29, 2005. The City Secretary, or her designee, shall be responsible for conducting early voting, both in person and by mail, and has the authority to contract with Tarrant County for early voting services and other miscellaneous voting services. Section 6: All resident qualified electors of the City shall be permitted to vote at said election and, on the day of the election, such electors shall vote at the polling place designated for the Election Precinct in which they reside. Section 7: The election shall be conducted pursuant to the election laws of the State of Texas. The City Secretary is directed to procure voting machines, if available, for the election of May 7, 2005, and voting machines are hereby adopted as the method of voting at such election. Section 8: Should a runoff election be required following the canvass of the May 7, 2005 election, the Council hereby orders that a runoff election be held on Saturday, June 4, 2005. The polling place on election day for the runoff election shall be at the same polling places as those of the original election, and the hours of voting shall be between 7:00 a.m. and 7:00 p.m. The Presiding Judges and Alternate Judges presiding over the General Election held on May 7, 2005, are hereby appointed to preside over the runoff election. Should a runoff election be necessary, early voting by personal appearance for the runoff election shall be held at the office of the City Secretary at North Richland Hills City Hall (the Pre - Council Room and City Council Chambers shall be considered an extension of the City Secretary's office for early voting purposes) at 7301 Northeast Loop 820, North Richland Hills, Texas, between the hours of 8:00 a.m. to 5:00 p.m. on each day that is not a Saturday, Sunday, or an official State Holiday, beginning on Wednesday, May 18, 2005, and continuing through Tuesday, May 31, 2005 until 5:00 p.m. Section 9: The Presiding Election Judges shall be compensated at the rate of $8.00 per hour and each Alternate Presiding Judge and Election Clerk shall be compensated at the rate of $7.50 per hour. The Presiding Election Judges shall also be paid the additional sum of $25.00 for delivering the returns of the election. Resolution No. 2005 -006 Page 2 of 3 • C n U Section 10: This resolution shall be construed with Resolution No. 96 -11, passed February 12, 1996 providing for joint elections held with the Birdville Independent School District, so as to give effect to both resolutions. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 24 day of January, 2005. RM ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head Resolution No. 2005 -006 Page 3 of 3 L-1 • • CITY OF NORTH RICHLAND HILLS Department: Finance /Support Services Council Meeting Date: 1/24/2005 Subject: Award Bid for 2005 -Year Model Vehicles to Lynn Smith Agenda Number: PU 2005 -001 Chevrolet in the Amount of $293,291; Friendly Chevrolet in the Amount of $66,979 and Capital Chevrolet in the Amount of $40,754 The 2004/2005 adopted budget includes $517,680 for the purchase of 19 replacement vehicles. In addition to the cost of the vehicles, the budgeted amount includes the cost for all the accessories associated with the vehicles such as tool boxes, light bars, radios, etc. The replacement vehicles are for the Police Department, Public Works, Finance, Parks and Recreation and Building Services Departments. Four bids were received as a result of soliciting formal bids. They were received from Capital Chevrolet, Friendly Chevrolet, Lynn Smith Chevrolet and Vandergriff Chevrolet. The bid specifications were written in such a way that the City had the option to purchase all vehicles from one vendor or to purchase from various vendors in order to achieve the greatest savings. Purchasing from more than one vendor saves approximately $2,800. The lowest bidders meeting specifications are: Lynn Smith Chevrolet $293,291 Friendly Chevrolet $ 66,979 Capital Chevrolet 40,754 Total Award $401,024 The attached bid tabulation explains which types and quantities of vehicles were awarded to each vendor, and indicates which bids did not meet specifications. Capital Chevrolet did not meet the minimum specifications for the Impala Police package vehicles since they did not offer the custom paint colors to match the existing Police patrol vehicles, passenger side air bag switch for the Police Tahoes or the parts manuals. But, Capital Chevrolet did meet the minimum specifications on the Impala undercover vehicle. The bids from Lynn Smith Chevrolet and Friendly Chevrolet met all the specifications and general conditions of the bid. All bids are within the allocated budget and can be delivered in 75 to 120 days depending on the model. Recommendation: To award the bid for 2005 -year model vehicles to Lynn Smith Chevrolet in the amount of $293,291; Friendly Chevrolet in the amount of $66,979 and Capital Chevrolet in the amount of $40,754. Source of Funds: Bonds (GO /Rev.) Operating Budget Other Yl .� nNl.yl n 9 3 4 1 I A Department Head Signature Finance Review Account Number 510 - 7032 - 712.74 -10 Sufficient Funds Available Director Director Citv Manager Signature Page 1 of 1 C. • t 00 00 I` N 0 O CD CD ~ ti O LO � 00 co � r0 � r r O = I� O) M � 0) N N O > U 69 69 69 6'9 69 69 69 69 L " ct O O r 0 LO r 0) Cn O` In r O 00 ti N C d C L N r M M O M CD U 64 69 69 69 � 669 CD v >` N M r N 0 c OO co N M CA 000 U-) ti � � 0) > i L co d' O CO cc 64 O U. U ER 6q 69 69 6=} 69 d O v O r O O 't O N co d is L. d) CD f` O O d O CA to O 't N O) N N O rZ Q' > t M L r O O CA 00 V (0 O M C00 U ER C{} 69 6t! 69 U!" 64 69 = M N M r r r O m m r 0 O ( w O a v v M v It 0) 0 � N O p O) I� O O 0) r F- M d lq' CN r d O_ M N N N R � U 6609 6M9 6Mi9 6). 669 � � cn O L to O p CO d C� N O r CA N It CY) a OL d' 1` M O CD y 00 N CO r O It 00 co cD L C Z r r r r r O U N N N M M O J C,) 64 H3 63 69 69 69 6% 69 N = a -a a _ co CU � N N C0D Q) t N M f` r co O r It co LO MD U CU m > = r r LL U N 69 N 69 M 69 M 69 69 64 61? 61? = 0 0 06 C a a +, U y N N v - M v LO O c0 O ` to O o, O M O 1` C 7 0p I` N N N LC) 't N 0 O O O U Q" cn !G d r O r r L6 Il 00 (A 0 L CT E U V U t N N M M r r r r L .O O O U U 69 64 69 69 69 69 69 69 C f0 (n O CD O C Q -0 O Q ` N ` E .,.O E O N O O O cn cn CD :i7 LO O cn cu U [V Y U U CO .L• a C a m > L) N U f Cl- 0)-o � d v a m U m U p >' to ?' O L- C) O N U U a ca 0 a N U � LO o > a a a �' N O cu O p N O 0 c0 ca N O N > � Do CD CD x m m Q- m O L O - Y O Y CA p 2 _c _� cL) O— ;O 0. cu m U U — cn > Q m 69 64 H9 F— a tL ¢ _ _ �Rco� �� CITY OF NORTH RICHLAND HILLS Department: Inspections Department Council Meeting Date: 1/24/2005 Subject: Approve Ordinance Revising Section 14 -1 of Agenda Number: GN2005 -010 the Code of Ordinances Relating to the Definition of Massage Establishments - Ordinance No. 2818 CASE SUMMARY: Effective Sept. 1, 1999, the 76th Texas Legislature approved new regulations that license therapeutic massage establishments as well as therapeutic massage therapists. In addition to the new licensing requirements, the legislature also passed a section that prohibits political subdivisions from adopting a like regulation that is more restrictive than those adopted for other health care professionals or establishments. The North Richland Hills City Code currently does not recognize the status of a state licensed "Massage Therapy Establishment" or a state licensed "Massage Therapist" and thereby imposes requirements that are more restrictive than those currently imposed on the remainder of our health care activities; including massage therapy schools. This proposed ordinance has been written to further clarify the North Richland Hills City Code; in that, those appropriately licensed massage therapy establishments, massage therapy schools, and massage therapists are exempt from the more restrictive provisions applied to non - licensed establishments and therapists. The City Attorney has reviewed this amendment and supports its recommendation for approval and adoption by City Council. This item will be discussed in Pre - Council session and followed by an action item on the Council's agenda. Should additional discussion, review and /or amendments be desired, this item may be tabled for action at a future date. RECOMMENDATION: To approve Ordinance No. 2818. Finance Review Source of Funds: Account Numfi Bonds (GO /Rev.) Sufficient F�rnds/'Available Operating Budget Other ! Finance Director f � � Department Head Signature City Manager Signature Page 1 of 1 17-� • • ORDINANCE NO. 2818 AN ORDINANCE AMENDING THE DEFINITION OF MASSAGE ESTABLISHMENT CONTAINED IN SECTION 14 -1 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO CONFORM TO STATE LAW. WHEREAS, Chapter 455, Texas Occupations Code, establishes licensing regulations for therapeutic massage and preempts and supersedes city regulations on the subject; and WHEREAS, the City Council desires to conform its regulations to state law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section l: THAT Section 14 -1 of the City of North Richland Hills Code of Ordinances is hereby amended by adding to the definition of the term "Massage Establishment" therein the following: "This term shall not include establishments in which massage is provided only by persons holding licenses issued by the State of Texas pursuant to Chapter 455, Texas Occupations Code." AND IT IS SO ORDAINED. Passed on the 24" day of January, 2005. ATTEST: Patricia Hutson, City Secretary Ordinance No. 2818 Page 1 of 2 CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor • • • APPROVED AS TO CONTENT: Ordinance No. 2818 Page 2 of 2 CITY OF NORTH RICHLAND HILLS Department: Inspections Department Council Meeting Date: 1/24/2005 Subject: Approve Ordinance Revising Sections 13.C(6) and Agenda Number: GN2005 -011 13.C(9)(G) of Ordinance 2374 as amended, Sign Ordinance of the City of North Richland Hills, Relating to Political Signs and Weekend Advertising Signs - Ordinance No. 2819 CASE SUMMARY: In an on going effort to uphold safety and clarify the City's sign regulations as they relate to political signs and weekend advertising signs, staff brings forth the following amendments for Council consideration. Section 13.C(6)f has been modified to further clarify that signs containing a primarily political message which are larger than 36 square feet and taller than 8 feet, are not to be considered a political sign and are subject to all other sign requirements (including permits). This amendment will also prevent the location of these larger sign types in residential zoning districts when prohibited by other sections of the sign regulations. Section 13.C(6)g has been amended to grant city personnel the authority to remove, without prior notice, political signs located within the public right -of -way if the Director of Public Works or his /her designee determines that a sign(s) constitutes a safety or traffic hazard. Section 13.C(6)i has been revised to provide clarification that no portion of a political sign can be located closer than three feet from the back of curb; nor may they be placed in the right -of- way adjacent to publicly owned land (excluding roads) which can cause the misperception that such signs are on or sponsored by the entity owning such adjacent property. 13.C(9)(g) has been amended to prohibit the placement of weekend advertising signs in the right -of -way adjacent to publicly owned land (excluding roads). The City Attorney has reviewed these amendments and supports its recommendation for approval and adoption by City Council. This item will be discussed in Pre - Council session and followed by an action item on the Council's agenda. Should additional discussion, review and /or amendments be desired, this item may be tabled for action at a future date. RECOMMENDATION: Source of Funds: Bonds (GO /Rev.) Operating Budget Other 7 partment Head GN 2005-011 To approve Ordinance No. 2819. Review Accoun�Nber Sufficie-6 Available i Fence Director City Manager Signature Page 1 of 1 • Ll • ORDINANCE NO. 2819 AN ORDINANCE AMENDING SECTIONS 13.C(6) AND 13.C(9(G) OF ORDINANCE 2374 AND THE SIGN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS TO CORRECT THE PROVISIONS DEALING WITH POLITICAL SIGNS SO AS TO CLARIFY THAT SIGNS WITH POLITICAL MESSAGES WHICH DO NOT MEET THE SIZE RESTRICTIONS OF A POLITICAL SIGN AS THEREIN DEFINED ARE ALLOWED IN DISTRICTS PERMITTING OTHER SIGNS, SUBJECT TO THE RESTRICTIONS GENERALLY APPLICABLE TO SIGNS IN SUCH DISTRICTS; PROHIBITING POLITICAL AND WEEKEND ADVERTISING SIGNS IN PUBLIC RIGHTS OF WAY ADJACENT TO PUBLICLY OWNED PROPERTY; AUTHORIZING REMOVAL WITHOUT NOTICE OF SIGNS IN RIGHTS OF WAY WHICH CONSTITUTE A SAFETY HAZARD; CLARIFYING RESTRICTIONS ON MINIMUM DISTANCE FROM BACK OF CURBS FOR SIGNS IN RIGHTS OF WAY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Constitutional protections for signs with political messages limits require that such signs be permitted subject to no more restrictions than other signs; and, WHEREAS, language in the current ordinance inadvertently establishes an invalid restriction on political signs (as therein defined) limiting such signs to residential areas; and, WHEREAS, the current ordinance provisions prohibit political and weekend advertising on all public property, but would permit such signs on public right of way adjacent to such property, which can cause the misperception that such signs are on or sponsored by the entity owning such adjacent property; and WHEREAS, the amendments herein have been recommended by the City's attorney; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT North Richland Hills Ordinance 2374, as amended, is hereby amended by amending Section 13.C(6) to read as follows: "6. Political Signs. a. A political sign is a sign that contains primarily a political message, has an Ordinance No. 2819 Page 1 of 4 • • • a. A political sign is a sign that contains primarily a political message, has an effective area of 36 square feet or less, is no more than eight feet in height, is not illuminated, and has no moving elements. b. No permit shall be required for any political sign. C. Political signs shall be allowed in all zoning districts on private property with the consent of the property owner. d. Political signs shall not be located on any utility, light, traffic signal or sign pole. e. Political signs shall be allowed for a period of thirty (30) days prior to local or county elections, sixty (60) days prior to a state election, and ninety (90) days prior to a national election. All political signs shall be removed no later than seven (7) days after the election or after the termination of candidacy, whichever comes first. f. Signs with primarily political messages which do not meet the definition of a. above (and therefore are not political signs as defined therein) shall not be allowed unless within a residential zoning district with a permit, subject to other sign requirements. g. Political signs shall not be located so as to cause a safety or traffic hazard. Signs within public right of way which, in the opinion of the Director of Public Works or his designee constitute a safety or traffic hazard may be removed without prior notice. h. A political sign shall not be illuminated or projected. i. Political signs shall not be placed on public property or within public right of way, except that political signs less than three (3) feet in height and with no more than six (6) square feet of sign face on any side may be placed in public right of way, other than a median, with no portion of such sign closer than three (3) feet from the back of the curb, or, if no curb, from the edge of the pavement of streets classified by the City's thoroughfare plan as arterial P61), M6D, M41), P7U, M5U or M4U or collectors classified as C4U or C2U as long as such sign is not placed in right of way adjacent to an occupied residence or adjacent to publicly owned land other than a road. No sign shall be placed within thirty (30) feet of an identical sign. Signs shall not extend over the sidewalk or street." Section 2: THAT Ordinance 2374 as amended by Ordinances 2379, 2435, 2474, 2730 and 2740 is hereby amended by amending Section 13.C(9)g to read as follows: 119. Weekend Advertising Sign. The purpose of Weekend Advertising signage is to assist the public by guiding them to available residential properties in North Richland Hills. Ordinance No. 2819 Page 2 of 4 • • • g. Signs shall not, except as herein provided, be placed on public property or in public right of way. Such signs may be placed no closer than three (3) feet from the back of the curb or, if no curb, from the edge of the pavement of streets classified by the city's thoroughfare plan as arterial P6D, M61), M41), P7U, M5U or M4U or collectors classified as C4U or C2U as long as such sign is not placed in right of way adjacent to an occupied residence or adjacent to publicly owned land other than a road Signs shall not extend over the sidewalk or street. Section 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this.ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 3: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance as an alternative method of publication provided by law. Section 5: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED on this 24`h day of January, 2005. Ordinance No. 2819 Page 3 of 4 CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor • r� ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: �Ddvid B. Pendley, Building Offici Ordinance No. 2819 Page 4 of 4 Department: Public Works CITY OF NORTH RICHLAND HILLS Council Meeting Date: 1/24/05 Subject: Reschedule Public Hearing Date for Land Use Agenda Number: Assumptions, Impact Fee Capital Improvements Plan and Impact Fees GN 2005 -012 On December 13, 2004 (GN 2004 -107), Council set the date for the public hearing on the Land Use Assumptions, Impact Fee Capital Improvements Plan (CIP) and Impact Fee Rates for January 24, 2005. The public hearing covering these three components is a requirement of the State law for any City updating their impact fees. During the preparation of the notice to be published, staff inadvertently listed the existing Fort Worth impact fees incorrectly. Even though the Fort Worth impact fees are not a requirement of the publication, the published notice showed the maximum allowable wastewater fee $10.00 lower than it could have been. The City Attorney has advised staff to readvertise the public notice and reschedule the public hearing. Changing the public hearing date will allow staff the opportunity to provide more detail to Council during a Pre Council Meeting and provide Council more time to review the impact fee updating process prior to the public hearing. Staff is currently planning a presentation to Council during the Pre Council Meeting on January 24, 2005. The recommended date for the rescheduled public hearing is set for March 14, 2005 at 7:00 p.m. Immediately following the public hearing on March 14, 2005, staff will present an action item requesting Council to consider adopting each component. Recommendation: To set the date for the public hearing to be conducted on March 14, 2005 at 7:00 p.m. for the Land Use Assumptions, Impact Fee CIP Plan and Impact Fee Rates. Source of Funds: Bonds (GO /Rev.) Operating Budget Other A _��g ' D partment Head Signature Finance Review Account Number SufficientFd-n�s Avai a e ance Director Paae 1 of =ctor CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1/24/2005 Subject: Appointment of Board Member to Reinvestment Agenda Number: Zone Number One (TIF #1) and Reinvestment Zone Number Two (TIF #2) GN 2005 -013 With Frank Metts resignation from the City Council, the City has a vacant seat on the Board of Directors of Reinvestment Zone Number 1 (TIF #1) and Reinvestment Zone Number 2 (TIF #2). In accordance with the Bylaws, the City Council is being requested to appoint a Council member to fill these two vacancies. When the Reinvestment Zones were created, Council elected to appoint the same Council members to TIF #1 and TIF #2 with the exception of the one extra Council Member on TIF #2. Council members currently serving on TIF #1 and TIF . #2 are Mayor Trevino, Mayor Pro Tern Whitson, Councilwoman Johnson, and Councilman Lewis. Councilman Welch serves on TIF #2. The Council member who is appointed to fill these two vacancies term will expire October 2006. Recommendation: To appoint one Council Member to serve the unexpired term on Reinvestment Zone Number One and Reinvestment Zone Number Two Board of Directors. Finance Review Source of Funds: Account Number Bonds (GO /Rev.) Sufficient F n s Ava i a e Operating Budget Other Finance Director Department Head Signature Cit anager ignature Paqe 1 of CITY OF NORTH RICHLAND HILLS partment: City Secretary Council Meeting Date: 1/24/05 Subject: Appointment to Naming Board Agenda Number: GN 2005 -014 The resignation of Frank Metts from the City Council created a vacancy on the Naming Board. Mr. Metts served on the Naming Board along with Mayor Trevino and Councilman Lewis. The ordinance establishing the Naming Board provides that appointments to the Board are to be made by the Mayor subject to Council approval. Mayor Trevino is recommending the appointment of Councilwoman Compton to fill the vacancy created by Mr. Metts. Recommendation: To approve the recommendation of the Mayor to appoint Councilwoman Compton to the Naming Board. Source of Funds: Bonds (GO /Rev.) Operating Budget Other Department Head Signature Finance Review Account Number Sufficient Fu id Avai a e ance Director City Manager Signature Page 1 of _ CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 01/24/05 Subject: Authorize the City Manager to Execute a Contract with Agenda Number: PU 2005 -002 Blank Slate Advertising for a Creative Advertising Contract in the Amount of $35,000 for Services at NRH2O Family Water Park — Resolution No. 2005 -007 In February 2004, Council awarded Blank Slate a contract in the amount of $35,000 for creative marketing services for NRH2O Family Water Park. Blank Slate brought a new level of creative advertising to NRH2O Family Water Park during the 2004 season. By continuing to use their services in 2005, the park will be able to expand on the groundwork that was laid during the previous season. In addition to the services that were offered last year, Blank Slate has agreed to provide the park with one extra month of service. Blank Slate will also establish brand guidelines to provide consistent image development for advertising and marketing. Staff requests approval to re- contract with Blank Slate Advertising Agency for the 2005 season at the current rate of $35,000. In recent years, there has been a burst of competing waterparks and leisure pools in the Dallas /Fort Worth Metroplex. Although many of the current parks are not similar in size to NRH2O, it is possible that more parks closer to our size are planned for the near future. Due to the increasing competition, it is more important than ever to employ a capable, creative advertising agency that will produce a strong marketing campaign and help us remain competitive in the market. Blank Slate, an advertising agency based out of Dallas, has a great deal of experience creating strategic and original advertising campaigns for professional sports teams such as the Texas Rangers, Houston Rockets and Houston Comets. While sports teams are not exactly the same product as waterparks, many similarities exist between the two entertainment industries. The employees at the agency have all been in the advertising and marketing industry for years, working for large agencies such as the Richards Group. Along with the knowledge gained at the larger agencies, Blank Slate brings with them important contacts in the industry as well as a host of creative ideas. Blank Slate's fresh and creative approach to advertising has brought new, innovative ideas to NRH2O's marketing campaign. Source of Funds: Bonds (GO /Rev.) Operating Budget Other Department Head Signature Finance Review Account Number 415 - 7515 - 712.54 -05 Sufficient Fu ds i ble Budget Director Director City Manager Signature Page 1 of 2 CITY OF NORTH RICHLAND HILLS Staff has negotiated a fee with Blank Slate in the amount of $35,000 which includes strategy development, branding, concepting, design, copywriting and production of all of the waterpark's advertisements. This fee is within the available funding as allocated in the currently approved NRH2O marketing budget. The City Attorney has reviewed and approved the contract. Recommendation: To approve Resolution No. 2005 -007. CITY COUNCIL ACTION ITEM Paae 2 of 2 • RESOLUTION No. 2005 -007 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Sectionl: THAT the City Manager is hereby authorized to execute a Contractual Agreement in the amount of $35,000 with Blank Slate Advertising for the creative marketing services for NRH2O Family Water Park, as the act and deed of the City. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 24th day of January 2005. • ATTEST: Patricia Hutson, City Secretary APPROVED S TO FORM AND LEGALITY: Aep—whv George Staples, dity Attorney APPROVED AS TO CONTENT: il'� Vickie Lofti e, Director of Parks and Recreation n U CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor Contract # CITY OF NORTH RICHLAND HILLS, TEXAS • PROFESSIONAL SERVICES CONTRACT AGREEMENT FOR CREATIVE DESIGN SERVICES This AGREEMENT is made and entered into this day of January '2005, by and between THE CITY OF NORTH RICHLAND HILLS, hereinafter called the OWNER, and BLANK SLATE ADVERTISING, a business hereinafter called the CONSULTANT. RECITALS This AGREEMENT is applicable to the furnishing of Professional Services by the CONSULTANT to the OWNER for the preparation of media and creative services for NRH2O Water Park, hereinafter called the CAMPAIGN. CONTRACTUAL UNDERTAKINGS SECTION 1 EMPLOYMENT OF CONSULTANT The OWNER agrees to employ the CONSULTANT and the CONSULTANT agrees to furnish Professional Services in connection with the CAMPAIGN as stated in Section II following, and for having rendered such services the OWNER agrees to pay to the CONSULTANT compensation as stated in Section VI following. SECTION 11 CHARACTER AND EXTENT OF SERVICES 1. The PROFESSIONAL SERVICES to be rendered by the CONSULTANT, include and are limited to the items specified 40 ttachment A. SECTION III AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the CONSULTANT under this AGREEMENT until he has received written authorization from the OWNER. SECTION IV PERIOD OF SERVICE This AGREEMENT shall be effective upon execution by the OWNER and the CONSULTANT, and shall remain in force until terminated under the provisions hereinafter provided in Section X. SECTION V COORDINATION WITH THE OWNER The CONSULTANT shall hold periodic conferences with the OWNER, or its representatives in accordance with the Scope of Services, to the end that the CAMPAIGN shall have full benefit of the OWNER'S EXPERIENCE AND KNOWLEDGE OF EXISTING NEEDS, AND BE CONSISTENT WITH ITS CURRENT POLICIES AND STANDARDS. To implement this coordination, the OWNER shall make available to the CONSULTANT for use in planning the CAMPAIGN, all existing marketing related information in his possession relative to existing marketing efforts and to the CAMPAIGN without additional cost to the CONSULTANT, and upon which the CONSULTANT may rely. • Page 1 SECTION VI THE CONSULTANT'S COMPENSATION For and in consideration of the Professional Services to be rendered by the CONSULTANT, as cited in Section II ve, the OWNER shall pay and the CONSULTANT shall receive the compensation hereinafter set forth below and detailed in tachment B. Total compensation to the CONSULTANT shall total an amount not to exceed $35,000 without additional negotiation and authorization. CONSULTANT shall submit invoices stating work completed expressed as a percentage of the total for each identified item in Attachment B. Subject to OWNER's approval, the CONSULTANT will be compensated within a period of 30 days from invoice submission. The CONSULTANT will be limited to submission of no more than one invoice per calendar month. SECTION VII REVISION OF REPORTS, PLANS, SPECIFICATIONS AND OTHER DOCUMENTS The revision and redrafting of advertisements, reports, plans, and other documents during the formative stages as an orderly process in the development of the CAMPAIGN to meet the needs of the OWNER shall be considered as part of our agreed upon Professional Services; however after a definite plan has been approved by the OWNER, if a decision is subsequently made by the OWNER, which, for its proper execution involves extra services and expenses for changes in, or additions to the drawings, specifications or other documents, or if the CONSULTANT incurs extra labor cost or expenses due to delays imposed on him from causes not within his control, the CONSULTANT shall be compensated for such extra expense which shall be considered as Special Services. The CONSULTANT is responsible for notifying the OWNER as soon as possible if this circumstance arises. SECTION VIII OWNERSHIP OF DOCUMENTS Original advertisements represent the product of training, experience, and professional skill, and accordingly belong to, remain the property of the CONSULTANT who produced them, and the OWNER regardless of whether the instruments e copyrighted or whether the CAMPAIGN for which they were prepared is executed. SECTION IX COMPLETION SCHEDULE See Attachment "C" for completion schedule. SECTION X TERMINATION Either party to this AGREEMENT may terminate the AGREEMENT by giving to the other 30 days notice in writing. Upon delivery of such notice by the OWNER to the CONSULTANT, the CONSULTANT shall discontinue all services in connection with the performance of this AGREEMENT and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this AGREEMENT. As soon as practicable after receipt of notice of termination, the CONSULTANT shall submit a statement, showing in detail the services performed under this AGREEMENT to the date of termination. The OWNER shall then pay the CONSULTANT promptly that proportion of the prescribed charges for the services actually performed under this AGREEMENT less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and reports prepared under this AGREEMENT shall be delivered to the OWNER when and if this AGREEMENT IS TERMINATED, but subject to the restrictions, as to their use, as set forth in Section VIII. SECTION XI LIABILITY The CONSULTANT agrees to indemnify, and hold City whole and harmless against any and all claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, error or omission of IMNSULTANT, or an agent, servant, or employee of CONSULTANT in the execution or performance of this Contract, without and to whether such persons are under the direction of City agents or employees. Page 2 SECTION XII SUCCESSORS AND ASSIGNMENTS 41 The OWNER and the CONSULTANT each binds themselves and their successors, executors, administrators and signs to any other party of this AGREEMENT and to the successors, executors, administrators, and assigns of such other rty, in respect to all covenants of this AGREEMENT. Except as above, neither the OWNER nor the CONSULTANT shall assign, sublet or transfer their interest in this AGREEMENT without the written consent of the other. Nothing herein shall be constituted as creating any personal liability on the part of any officer or agent of any public body, which may be a party thereto. SECTION XIII SPECIAL CONDITIONS Special conditions, under the AGREEMENT, include and are limited to those listed hereinafter; the conditions shall become part of the AGREEMENT: Other provisions contained in the written "Authorization of Services ", issued by the OWNER, under Section III, and accepted by the CONSULTANT, shall become part of the AGREEMENT. EXECUTED in three counterparts (each of which is an original) on behalf of CONSULTANT by their authorized contract representatives, as shown below, and on behalf of the OWNER by its CITY MANAGER (thereunto duly authorized) this day of January 2005. CITY OF NORTH RICHLAND HILLS, TEXAS Oki Cunningham, City Manager ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM: George Staples, City Attorney E, Page 3 Blank Slate Advertising 2121 San Jacinto, Suite 3300 Dallas, Texas 75201 By: Kent Johnson, Founder /Creative Director ATTEST: Signature Printed Name ATTACHMENT SCOPE OF SERVICES 1. NRH2O Brand Development - Brand Development — Create overall brand guidelines that will detail the look and feel of all advertising and provide a benchmark by which NRH2O can leverage a consistent brand voice to be maintained for future seasons. 2. Park Strategy Development — Coming out of the Strategic Plan, Blank Slate will determine the best strategic direction for the creative advertising of the park. 3. Group Sales Concepting — Generate overall concepts and create design and copy ideas for all group sales advertising materials. 4. Group Sales Creative Development — Manage layout, design and production of group sales advertising materials, make certain that all copy and headlines effectively communicate the park's strategy, and produce camera ready artwork for all printed materials. 5. General Park Concepting - Generate overall concepts and create design and copy ideas for all park advertising materials. General Park Creative Development — Develop all creative communications involving design, .General of ads and collateral to promote NRH20. Manage layout, design and production of park advertising materials, make certain that all copy and headlines effectively communicate the park's strategy, ensure a level of continuity exists between all pieces of communication and produce camera ready artwork for all printed materials. • \ \Nrh -prlc \parka and recreation \ADMIX \WP -CHRIS \CITYCOUN \Contracts or Agreements \NRH2O Blank Slate Contract 1- 21- 05.doc Attachment B NRH2O Creative Services Professional Services Fee Breakdown • • \ \Nrh -prlc \parks and recreation \ADMIN \Wp - CHRIS \CITYCOUN \Contracts or Agreements \NRH2O Blank Slate Contract 1- 21- 05.doc February March April May June July Deliverable Total Cost % Cost % Cost % Cost % Cost % Cost % Cost Brand Development $4,000 75% 3,000.00 25% 1,000.00 Park Strategy Development $2,000 50% 1,000.00 50% 1,000.00 Group Sales Concepting $2,000 100% 2,000.00 Group Sales Creative Development $2,000 75% 1,500.00 25% 500.00 General Park Concepting $12,500 10% 1,250.00 10% 1,250.00 20% 2,500.00 20% 2,500.00 20% 2,500.00 20% 2,500.00 General Park Creative Development $12,500 10% 1,250.00 10%1 1,250, 1 20%1 2,500.0 1 20% 2,500.00 20% 2,500.00 20% 250000 TOTAL 1 $35,0001 110.000.001 5,000.001 1 5,000.001 1 5,000.001 1 5,000.00 5,000.00 • • \ \Nrh -prlc \parks and recreation \ADMIN \Wp - CHRIS \CITYCOUN \Contracts or Agreements \NRH2O Blank Slate Contract 1- 21- 05.doc • • • ATTACHMENT C COMPLETION SCHEDULE TASK 1. City Council Awards Contract 2. Brand Development 3. Park Strategy Development 4. Group Sales Concepting 5. Group Sales Creative Development 6. General Park Concepting 7. General Park Creative Development DATE OF COMPLETION January 24, 2005 March 31, 2005 March 31, 2005 February 28, 2005 March 31, 2005 July 31, 2005 July 31, 2005 \ \Nrh -prlc \parks and recreation\ ADMIN \WP - CHRIS \CITYCOUN \Contracts or Agreements \NRH2O Blank Slate Contract 1- 21- 05.doc IP CITY OF NORTH RICHLAND HILLS Department: Information Services Council Meeting Date: 1/24/2005 Subject: Approve Contract Renewal of Microsoft Enterprise Agreement Agenda Number PU2005 -003 With SHI Government Solutions and Resolution No. 2005 -008 At the September 24, 2001 Council meeting a contract was awarded to Software House International (SHI) Government Solutions allowing the City to enroll in an Enterprise Agreement with Microsoft Corporation. This Enterprise Agreement, effective November 1, 2001, was a 3 -year term volume licensing agreement which included Microsoft licensing and software upgrades for 530 desktop computers. The software included was the Microsoft Desktop Operating System, Microsoft Office (Word, Excel, Access, PowerPoint and Publisher) as well as SQL database, Exchange email, and Network Client Access licenses. As a result of this agreement, City desktop computers have been kept current with the latest Microsoft software and licensing requirements. The current agreement expired on November 30, 2004 with a 90 day enrollment renewal period. The State of Texas Department of Information Resources (DIR), on behalf of the State of Texas, entered into an Enterprise Agreement with Microsoft Corporation for State and Local Governments. Additionally, DIR entered into an agreement with SHI to provide this software to Local Governments. All State competitive bidding requirements for this purchase will be met by participating in the DIR cooperative purchasing program. The Enterprise Agreement that just expired cost the City $137,800 per year. The annual cost of the contract renewal has been reduced to: Year 1 - $96,778.00, Year 2 - $95,930.00, and Year 3 - $95,930.00 thereby saving the City $124,760.00 per the term of the contract. The City currently has 530 PC's and 24 Servers that will utilize this agreement. If the City were to purchase individual licenses and software upgrades for our personal computers instead of utilizing this agreement, it would cost us approximately $64,000 more per year. The agreement can be cancelled at the end of any of the one - year segments. The City will also be required to sign a "State and Local Government Enterprise Enrollment" licensing agreement with Microsoft. Staff is requesting that the Council authorize the City Manager to sign the Microsoft Agreement on the City's behalf. Recommendation: To approve Resolution No. 2005 -008. Finance Review Source of Funds: Account Nu - 7nl9-7'41 4'A-61 Bonds (GO /Rev.) Sufficie F vail e ' Operating Budget _X_ Other 117 Budget Director irector Dei)arfient Head Sianature Citv Manaaer Sianature • RESOLUTION NO. 2005 -008 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the attached Microsoft Enterprise Enrollment Agreement with Software House International Government Solutions for a 3 year term agreement to include Microsoft licensing and software upgrades for desktop and server computers. PASSED AND APPROVED this the 24th day of January, 2005. 0 ATTEST: Patricia Hutson, City Secretary APPROVED.AS TO CONTENT: K e Spooner, Information Services Director is APPROVED: Oscar Trevino, Mayor SHI- Government Solutions State of Texas Gov't Sales Team 800 - 870 -6079 FAX 512 - 732 -0232 www.texas.gs.shi.com Government Solutions email: texas @gs.shi.com icrr�s1 xtr�>hsegi�entttz lags �1, �,:6 Darron Gross - Account Executive Quote to: Kyle Spooner 1250 Capitol of Texas Hwy, 1 -350 City of North Richland Hills Austin, Texas 78746 Phone 512 -634 -8100 - fax 512- 732 -0232 Phone: Fax: Parr Numher Enterprise Products Per- Desktop Price Extended Annual Price Annual Desktop True-Up Prices Year 1 - $684 ; Year 2 -$567 Year 3 - $450 Date Quoted: January 20, 2005 • MS Full Platform Enterprise Agreement SA ONLY - Annual Price $165.00 587,450.00 530 (includes Office Pro, Windows OS, Back Office CAL) Additional Products - Year One Annual Unit Annual Extended Ory 9 Windows Server - Std Edition - SA ONLY $149.00 81,341.00 15 Windows Server - Std Edition - LICENSE AND SOFTWARE ASSURANCE 8278.00 84,170.00 I Exchange Server - Std Edition - SA ONLY 8145.00 8145.00 I * ** Exchange Server -'Enterprise Edition - Step- Up (from Std Edition) = SA ONLY 81,591.00 81,591.00 4 SQL Sever - Standard Edition - SA ONLY 8138.00 8552.00 2 SQL Server - Standard Edition - LICENSE AND SOFTWARE ASSURANCE $25700 8514 00 I Systems Management Server Enterprise Edition - SA ONLY 8119.00 31190o ISA Server - Std. Edition - I processor - SA ONLY S26800 8268 00 I MOM Operations Mgmt - SA ONLY 889.00 889.00 I MOM O erations Mgr Server - Enterprise Edition - SA ONLY $11900 S11900 Mgmt Server CAL LICENSE AND SOFTWARE ASSURANCE 814.00 342U 00 30 Windows Rights - Total Year One Price - Add -On Products $9,328.00 Additional Products - Years 2 & 3 Annual Unit Annual Extended Qq, y Windows Server - Std Edition - SA ONLY 8119.00 $1,071 00 5 Windows Server - Std Edition - LICENSE AND SOFTWARE ASSURANCE 8278.00 84,170.00 Exchan e Server - Std Edition - SA ONLY 811600 8116.00 * ** Exchange Server -,Enterprise Edition - Step-Up (from Std Edition) - SA ONLY 81,273.00 8 11,273.00 4 SQL Sever -Standard Edition - SA ONLY 8110.00 8440.00 SQL Server - Standard Edition - LICENSE AND SOFTWARE ASSURANCE $25700 8514 00 Systems Management Server Enterprise Edition - SA ONLY 895.00 895.00 I ISA Server - Std. Edition - 1 processo r - SA ONLY 8215 00 $215 00 / MOM Operations Mgmt - SA ONLY 871.00 871.00 MOM Operations Mgr Server - Enterprise Edition - SA ONLY 895.00 895.00 Mgmt Server CAL LICENSE AND SOFTWARE ASSURANCE 814.00 8420.00 30 Windows Rights - Total Price - Years 2 & 3 - Add -On Products 58,480.00 o +Add -On Products - Year 1 Annual Price - EA Desktop >: >: »: : >a:: Annual Price - EA Desktop + Add -On Products - Years 2 & 3�(� Total 3 Year EA Price & , 38,att sN G?FE« iftfaR ij»�R/P�Ft�tyl�«� 'fryR�:�!f7 jIT /{ rt#�S.�ta$p .> i7I4�':� /ii1 *Irfi1!4�iSi / /T*i ...: Annual Desktop True-Up Prices Year 1 - $684 ; Year 2 -$567 Year 3 - $450 Date Quoted: January 20, 2005 • u • • Microsoft Z a„µ Microsoft Enterprise Enrollment (indirect) — State and Local For Use Only By Affiliates of the State of Texas Microsoft Business Agreement number (if applicable) Reseller to complete Enterprise Agreement number Reseller to complete Enrollment number Microsoft affiliate to complete Reseller purchase order number Reseller to complete Previous Enterprise Enrollment number Reseller to complete Previous Enterprise Enrollment end date Reseller to complete This Microsoft Enterprise Enrollment is entered into between the following entities. Each party will notify the other in writing if any of the information in the following table changes. SLG EA Enrollment (indirect) v6.1 (North America) October 3, 2003 Cover Page Page 1 of 13 Name of Entity Contact Name (This person handles access to online information and receives order confirmations. This person also receives true up, renewal and other notices, unless a different contact for notice is provided in the notices section below.) Street Address Contact E -mail Address (required for online access) City State /Province Phone Country Postal code Fax Microsoft Account Manager Name Contracting Microsoft Microsoft Licensing, GP - 6100 Neil Road, Suite 210 - Reno, Nevada USA 69511 -1137 - Dept. 551, Volume Licensing If notices should be sent to someone or some place other than above, complete this section: Name of Entity Contact Name Street address Contact E -mail Address City State /Province Phone Country Postal Code Fax SLG EA Enrollment (indirect) v6.1 (North America) October 3, 2003 Cover Page Page 1 of 13 • • • Notices to Microsoft should be sent to: Microsoft Licensing, GP 6100 Neil Road, Suite 210 Reno, Nevada USA 89511-1137 Dept. 551, Volume Licensing Copies should be sent to: Microsoft Law and Corporate Affairs One Microsoft Way Redmond, WA 98052 USA Volume Licensing Group VLG-USA@Microsoft.com (425) 936 -7329 fax Definitions. As used in this enrollment, "you" refers to the entity that signs this enrollment with us, and "we" or "us" refers to the Microsoft entity that signs this enrollment. All other definitions in the Microsoft Enterprise Agreement identified above apply here. Effective Date. If you are renewing Software Assurance from one or more previous "Enterprise Enrollments" (as defined in subsection 3(a) (Placing the initial order) of the Microsoft Enterprise Agreement identified above), then the effective date will be the day after the expiration of the first of those Enterprise Enrollments to expire. Otherwise the effective date will be the date this enrollment is signed by us. Where a previous Enterprise Enrollment is being used, your reseller will require the Enterprise Enrollment number and end date to complete the applicable boxes above. Term. This enrollment will expire 36 full calendar months from the effective date indicated below unless terminated earlier or renewed as provided in the Microsoft Enterprise Agreement. We will provide you with written notice 60 days prior to expiration of the initial enrollment or renewal term advising you of your renewal options. For a description of renewal options, see subsection 12(e) of the Microsoft Enterprise Agreement (How to renew an enrollment). Representations and Warranties. By signing this enrollment, the parties agree to be bound by the terms of this enrollment, and you represent and warrant that: (i) you have read and understand the Microsoft Business Agreement identified above and the Microsoft Enterprise Agreement, including any amendments to those documents, and the product use rights, and agree to be bound by those terms; (ii) you are an "Affiliate" of the State of Texas (as defined in the Microsoft Business Agreement identified above). (iii) you have 250 or more qualified desktops; and (iv) the information that you provide on this cover page and each of the attached forms is accurate. SLG EA Enrollment (indirect) v6.1 State of Texas, October 3, 2003 Cover Page Page 2 of 13 C. • • This enrollment consists of (1) this cover page, (2) the Enterprise Order Form, (3) the Shipping Information Form, (4) the Reseller Information Form, and (5) the Enterprise Update Statement. Customer Name Contracting Microsoft Affiliate Microsoft Licensing, GP Signature Signature Printed Name Printed Name Printed Title Printed Title Signature Date Signature Date (date Microsoft affiliate countersigns) Effective Date (may be different than our signature date) THIS ENROLLMENT NOT VALID UNLESS SIGNED BELOW BY TEXAS DEPT. OF INFORMATION RESOURCES Required Approval by Texas Department of Information Resources: By: Name: (Signature) Title: (Printed) Date: (Printed) SLG EA Enrollment (indirect) v6.1 Cover Page Page 3 of 13 State of Texas, October 3, 2003 • Enterprise Order Form (To be completed with your reseller or Microsoft account manager) • • 1. Defining your enterprise. Use this section to identify which affiliates will be included in your enterprise. Your enterprise must consist of entire government agencies, departments or legal jurisdictions, not partial government agencies, departments, or legal jurisdictions. Each affiliate must be entirely "in" or entirely 'but." All affiliates acquired after the effective date of this enrollment that are not party to an Enterprise Enrollment of their own will automatically be included unless you fill in part b below (when we refer to an Enterprise Enrollment in this section 1, we mean either (i) a Microsoft Enterprise Select Agreement; (ii) an enterprise enrollment entered into under a separate Microsoft Select Master Agreement or Microsoft Enterprise Agreement; (iii) an enterprise subscription enrollment under a separate Microsoft Enterprise Subscription Agreement; or (iv) any other enrollment submitted under the Microsoft Enterprise Agreement identified on the cover page). ❑ I Only you will be participating ❑ I You and the following affiliates will be participating (if no affiliates will be participating, write "none" on line 1) (attach a list of names on a separate piece of paper if more than 5 affiliates are being included): 2. Selecting your language option. Your selection below will determine the languages in which you may run the products licensed under this enrollment. If you select "Listed Languages," you may run (i) all copies of each of your products in any of the languages identified as "Listed Languages" below, and (ii) up to 10% of the copies of each of your products in any of the languages identified as "Restricted Languages" below. If you select "All Languages," you may run all copies of your products in any of the "Listed Languages" and any of the "Restricted Languages." MListed Languages El All Languages SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page 4 of 13 State of Texas, October 3, 2003 . Enterprise Order Form (To be completed with your reseller or Microsoft account manager) "Listed Languages" Arabic Korean Simplified Chinese Japanese Traditional Chinese Polish Czech Portuguese (Brazil) English Russian French Canadian Turkish Hebrew Thai Hungarian Spanish Languages" Danish I Greek Dutch Italian English Norwegian Finnish Portuguese (Portugal) French Spanish German Swedish t English is a "Listed Language," except when restricted as described in the "Restricted Languages" list (see footnote 3) 2 Spanish is a "Listed Language,' only if this enrollment is signed in Latin America 3 English is a "Restricted Language" if this enrollment is signed in Austria, Belgium, Denmark, France, Finland, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, United Kingdom, Switzerland, Sweden, or Spain 4 Spanish is a "Restricted Language" unless this enrollment is signed in Latin America 3. Language allocation. Provide us with your good faith estimate of the specific languages in which you will run all copies of all products and the approximate percentage of those copies you will run in each language. Information that you provide here does not limit your future use of products under this enrollment in any permitted language within the language group you select above. Attach a separate sheet if more space is needed. • Language r �J English Other languages Greater than 90 10% or less % SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page 5 of 13 State of Texas, October 3, 2003 • Enterprise Order Form (To be completed with your reseller or Microsoft account manager) �J • 4. Applicable currency. The currency your reseller accepts is based on the country in which you are located. All payments must be made under this enrollment in the accepted currency. Type of currency: U.S. Dollars 5. Establishing your price level and number of qualified desktops. Your price level will be determined pursuant to the special terms of the Enterprise Agreement between the State of Texas (acting by and through the Department of Information Resources) and us. Please consult the Enterprise Agreement for details. Actual pricing will be provided by your reseller. Qualified Desktops: You represent that the total number of qualified desktops in your enterprise is, or will be increased to, this number during the initial term of this enrollment. (This number must be equal to at least 250 desktops, unless an amendment is also included in which you waive the free shipment of CD ROMs.) 6. Enterprise Product Orders. The prices stated below are for your reference only. Your prices and payment terms for all products ordered will be determined by agreement between you and your reseller. a. Initial order for enterprise products. The reference prices for the enterprise products covered by your initial order are set forth below. We will invoice your reseller in three equal annual installments. The first installment will be invoiced upon our acceptance of this enrollment; the remaining installments will be invoiced at the next two anniversaries of the enrollment effective date. You must choose the Enterprise Desktop Professional Platform (which is composed of all three of the individual enterprise products) or at least one of the individual enterprise products before selecting any additional products in section 7 (Additional product orders) below. SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page 6 of 13 State of Texas, October 3, 2003 • Enterprise Order Form (To be completed with your reseller or Microsoft account manager) • • Enterprise Product Selection Table: Product Enterprise Pool Product Annual Annual Total (Applications, Systems, Servers) Type enterprise enterprise enterprise product per product product desktop reference reference *Office Professional Applications reference price price price *Office Standard Windows Desktop Operating System Systems Upgrade *Core Client Access ervers Servers *BackOffice CAL Servers Windows Server CAL Servers Exchange Server CAL Servers SharePoint Portal Server CAL Servers Systems Management Server CAL Servers r--SQL Server CAL Servers Total • Product (add column for the (6) enterprise products chosen above) ` The components of the current version of Office Professional, Office Standard, BackOffice CAL, and the current versions of the components that make up the Core CAL, are identified in the Product List and /or in the Enterprise Agreement. b. True up orders for enterprise products. The reference price for the enterprise products covered by any true up orders submitted during the initial term is set forth below. That price is based on the price level identified in box 5(b) above. We will invoice your reseller in total upon our acceptance of each true up order. We tfuill.prfl�ide thetrtte,upErefiere lceh ricesIlgr ea ch,anniversary. #hrough your Columns 2 -4�:.. resetler, vvtfotwil! topletethe?tafiebelouv. rices vvill'be filled =tn onlyfor products ordered in subsection S.fa' .1hitial;©rderfor Enter rise Products . SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page 7 of 13 State of Texas, October 3, 2003 • Enterprise Order Form (To be completed with your reseller or Microsoft account manager) • Enterprise Product True Up Price Table: Product Enterprise Office Professional reference price reference price reference price Windows Desktop Operating System Upgrade Core Client Access License BackOffice CAL Windows Server CAL Exchange Server CAL SharePoint Portal Server CAL Systems Management Server CAL SQL Server CAL c. Qualifying systems licenses. All desktop operating system licenses provided under this program are upgrade Licenses. Therefore, if you select the Windows Desktop Operating System Upgrade & Software Assurance, all qualified desktops on which you will run that product must be licensed to run one of the qualifying operating systems identified in the Product List under Windows Desktop Operating System Upgrade & Software Assurance. 7. Additional Product Orders. The prices stated below are for your reference only. Your prices and payment terms for all products ordered will be determined by agreement between you and your reseller. a. Initial order for additional products. The reference prices for each additional product covered by your initial order are listed in the table below. We will invoice your reseller in three equal annual installments. The first installment will be invoiced upon our acceptance of this enrollment; the remaining installments will be invoiced at the next two anniversaries of the enrollment effective date. You may license additional products by entering the names and quantities for the products of your choice in the Additional Product Selection table. For a list of the available additional products, contact your reseller. • SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page 8 of 13 State of Texas, October 3, 2003 • Enterprise Order Form (To be completed with your reseller or Microsoft account manager) • • Additional Product Selection Table: 1 Additional Product 2 Product Type 3 4 Product Price Pool Level 5 Quantity 6 Annual additional product per license reference price 7 Annual additional product reference price 8 Total additional product reference price 9 Total Initial Annual Additional Product Reference Price: SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page 9 of 13 State of Texas, October 3, 2003 • Enterprise Order Form (To be completed with your reseller or Microsoft account manager) U F- -I LJ b. Subsequent additional product orders. The reference price for any new additional product not initially included in your enrollment will be the then current reference price for your price level for that product as of the date of your order. We will invoice your reseller in total upon our acceptance of your order. Once you have placed the first order for copies of a new additional product, you may run additional copies of that product at any time and order them as described in subsection 7(c) (True Up Orders for Additional Products). c. True up orders for additional products. The reference price for additional products initially included in your enrollment and covered by any true up order submitted during the initial term is set forth below. That reference price is based on the price level identified in the box in 5(b) or 5(c) above, as applicable. The true up reference price for any new additional products will be the then current true up reference price for your price level for that product as of the date of your first order for that product. We will invoice your reseller in total upon our acceptance of your true up order. Additional Product True Up Price Table: B. Renewal orders. For any 36 -month renewal, your renewal order will be invoiced to your reseller in three annual installments. The first installment will be invoiced upon our acceptance of the renewal order; the remaining installments will be invoiced at the next two anniversaries of the effective date of that renewal term. For any 12 -month renewal and for any true up orders, we will invoice your reseller in total upon our acceptance of your order. SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page 10 of 13 State of Texas, October 3, 2003 • Shipping Information Form (To be completed with your reseller or Microsoft account manager) LJ • CD -ROM subscriptions will be shipped to the following address. address CD Kit Ship To Information (If different from Customer name on . page) Customer contact name Street address Contact email address City and State / Province Contact phone Country and Postal Code Contact fax Unless you mark one of the boxes below, upon our acceptance of this enrollment we will ship your starter CD kit for each product group you designate in the table below containing products in the language(s) you select. We will provide updates in the form of CDs, or upon reasonable notice by electronic download or similar other means. If you need additional CD kits and updates, you may order these through your reseller for a fee. For a complete list of the contents of any kit, go td hftp: / /selectug.mslicense.com/ 1 do not wish to receive a ❑ I do not need another complete set, but would like to receive CD kit or kit updates. kit updates. SLG EA Enrollment (indirect) v6.1 Shipping Information Form Page 11 of 13 State of Texas, October 3, 2003 0 Reseller Information Form Reseller Purchase Order Number: General information Reseller Company Name: Street Address and /or Post Office Box: City and State / Province and Postal Code: Country: Contact Name: Phone Number: Fax Number: • Email Address: • The undersigned confirms that the reseller information is correct. Name of Res( Signature Printed Name Printed Title SLG EA Enrollment (indirect) v6.1 State of Texas, October 3, 2003 Reseller Information Form Page 12 of 13 0 • • Enterprise Update Statement Enterprise Agreement Number Enrollment Number Customer Name Anniversary of Enrollment Effective Date An Enterprise Update Statement must be submitted unless (a) the number of your qualified desktops has increased during the previous year and you have placed a true up order covering those desktops; and (b) you are running only enterprise products under your enrollment, Enterprise products. If there has been no increase in your qualified desktop count, confirm this by marking the first box below. Additional products. For any additional product for which a true up order has not been placed, confirm that there has been no increase in the number of copies of that product run under your enrollment by marking the second box below. ❑ I confirm that there has been no increase in the number of qualified desktops in my enterprise. ❑ 1 confirm that there has been no increase in the number of copies of any additional product run under this enrollment other than those for which a true up order has been submitted. Statement completed by: Name of customer Authorized signature Name Title Date SLG EA Enrollment (indirect) v6.1 Enterprise Update Statement Page 13 of 13 State of Texas, October 3, 2003 Microsoft Microsoft State and Local Government Enterprise Enrollment- Amendment 001 Enterprise Agreement number Reseller to complete Enrollment number Microsoft affiliate to complete Microsoft Business Agreement number (if applicable) Reseller to complete Proposal ID number Microsoft affiliate to complete This amends the Microsoft State and Local Government Enterprise Enrollment identified above between City of North Richland Hills and Microsoft Licensing, GP as of the effective date identified below. Any terms that are used but not defined in this amendment will have the same meanings as in the enrollment. 1. Amendment. 1. Notwithstanding the date it was executed, the effective date of this agreement shall be December 1, 2004. 2. Section 7a of the enrollment entitled Initial order for additional products is hereby amended by replacing it in its entirety with the following: The license reference prices for each additional product covered by your initial order are listed in the table below. We will invoice your reseller in three annual installments. The first installment will be • invoiced upon our acceptance of this enrollment, the remaining installments will be invoiced at the remaining anniversaries of the enrollment effective date. You may license additional products by entering the names and quantities for the products of your choice in the Additional Product Selection table. For a list of the available additional products, contact your reseller. • Additional .. uct Product Product Total Type Pool Level annual additional product per 3 annual additional .. per additional product price Exchange Svr Ent Listed Languages SA Ste U MVL SA Servers D 1 license reference price 1,888.95 license reference price 1,511.16 4.911.27 Exchange Svr Listed Languages SA MVL SA Servers D 1 171.33 137.06 445.45 ISA Server Std Ed Listed Languages SA MVL 1 SA Servers D 1 317.68 254.15 825.98 Processor License MOM Ops Mgmt License Listed Languages SA MVL SA Servers D 1 104.62 83.70 272.02 MOM Ops Mgr Sery Entpr Ed Listed Languages SA SA Servers D 1 140.53 112.42 365.37 MVL SQL Svr Standard Edtn Listed Languages Lic/SA USA Servers D 2 304.60 304.60 1,827.60 Pack MVL SQL Svr Standard Edtn Listed Languages SA MVL SA Servers D 4 163.13 130.50 1,696.52 Microsoft SLG Enterprise Enrollment (indirect) v6.x — Amendment (North America) (September 1, 2003) Page 1 of 3 M'crwft , W Sys Mgmt Svr Ent Ed Listed Contracting Microsoft Affiliate City of North Richland Hills Microsoft Licensing, GP Signature Signature Printed Name Printed Name Languages SA MVL SA Servers D 1 140.53 112.42 365.37 Win Rghts Mgt Svc CAL WinNT Listed Languages LiGSA Pack MVL Device L &SA Servers D 30 16.63 16.63 1,496.70 CAL Windows Svr Std Listed Languages LiGSA Pack L &SA Servers D 15 328.95 328.95 14,802.75 MVL Windows Svr Std Listed Lan ua es SA MVL SA Servers D 9 176.25 141.00 4,124.25 S k 6 kid KDvit .., pv r un' izrA wN � 3. The following Section 9 is hereby added to the Enrollment: The parties acknowledge that the reference prices hereunder for the selected Enterprise Products take into account purchases of Upgrade Advantage and Software Assurance which you made (the "Credited Purchases "). Because the reference prices herein for Enterprise Products take such Credited Purchases into account, you agree that (i) no further refund or credit shall be due pursuant to such Credited Purchases, and (ii) you will not transfer such Upgrade Advantage, Software Assurance or the original licenses to which it applies to any third party. • U. Effect of Amendment. Except as specifically amended by this amendment, all provisions of the enrollment shall remain unchanged and in full force and effect. You must execute and return 2 copies of this amendment to the address below on or before February 28, 2005 in order for the terms and conditions of this amendment to be considered by Microsoft Licensing, GP. This amendment is not legally binding until executed by Microsoft Licensing, GP and shall become effective on that date. When this amendment is fully executed, you will receive a confirming copy. 1 L J Microsoft Licensing, GP Attn: Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, NV 89511 -1137 Name Contracting Microsoft Affiliate City of North Richland Hills Microsoft Licensing, GP Signature Signature Printed Name Printed Name Printed Title Printed Title Signature Date Signature Date (date Microsoft affiliate countersigns) Microsoft SLG Enterprise Enrollment (indirect) v6.x — Amendment (North America) (September 1, 2003) Page 2 of 3 • Microsoft Effective Date (may be different than our signature date) THIS AMENDMENT NOT VALID UNLESS SIGNED BELOW BY TEXAS DEPARTMENT OF INFORMATION RESOURCES Signature Printed Name Printed Title Signature Date Prepared by: Heather Young, Licensing Executive Microsoft SLG Enterprise Enrollment (indirect) v6.x — Amendment (North America) (September 1, 2003) Page 3 of 3 CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 1/24/05 Subject: Authorize City Manager to Execute a Professional Agenda Number: PU 2005 -004 Services Contract with Davis & Davis, Inc., in the amount of $19,500 for Architectural Design Services for the Catering Building at NRH2O — Resolution No. 2005 -009 The NRH2O Family Aquatic Park CIP Budget includes funding for the design and construction of the food and catering building. This building will be located near the existing group pavilion located in the northern area of the park. The 600 square foot building will be designed specifically to meet the catering needs of group guests. Currently NRH2O operates catering functions out of three locations: the main concession area, the original team member break room and the pavilion area. This system is inefficient and no longer viable for the amount of catering provided by the park. Last year, catering revenue increased by 28% with 34 organizations served by the NRH2O Cater Team. The new facility will increase efficiency and make it possible to accommodate larger sized groups. After advertising and solicitation for professional architectural services, three proposals were received as follows: GSBS Batenhorst, Inc. Davis & Davis, Inc. Petrelli Associates, Inc. The proposals were reviewed and evaluated based on the following criteria: Experience of the Firm Financial Stability Quality of Previous Work Qualifications of the Project Manager Past Record with the City Management Approach A selection committee, with committee members being Richard Torres, Assistant City Manager, Vickie Loftice, Director of Parks and Recreation, Chris Swartz, Aquatic Park Manager, Penny Peterson, Assistant Building Official, and Stephanie East, Environmental Health Supervisor, met on January 11, 2005 to review proposals. After thorough evaluation, the committee selected Davis and Davis, Inc., to perform the necessary professional and technical services. Source of Funds: Bonds (GO /Rev.) Operating Budget Other I f Head Finance Review Account Number 415 - 8513 - 712.79 -01 Sufficient Ftinds Avoitable WP0504 r Director Page 1 of 2 CITY OF NORTH RICHLAND HILLS Davis & Davis, Inc. was selected for their 30 year comprehensive experience in working with the water park industry. They specialize in wet/dry Family Entertainment Centers and have completed 27 similar food service facilities. The negotiated contract amount of $19,500 includes the following professional services: Architecture Landscape Architecture Mechanical, Electrical and Plumbing Engineering Civil Engineering Structural Engineering Kitchen Equipment Design and Specifying Funding for the catering building is allocated within the Aquatic Park Capital Projects Budget. The total project budget is $225,000 which includes $20,000 for architectural design services. The City Attorney has reviewed the attached contract. Recommendation: To approve Resolution No. 2005 -009 CITY COUNCIL ACTION ITEM Page 2 of 2 • RESOLUTION No. 2005 -009 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Sectionl : THAT the City Manager is hereby authorized to execute a Professional Services Contract in-the amount of $19,500 with Davis & Davis, Inc. for Architectural Design Services for the Catering Building at NRH2O Family Water Park, as the act and deed of the City. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 24th day of January 2005. • ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: Vickie Loftice, Director of Parks and Recreation CJ CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor • 0 DAVIS & DAVIS mc. RECREATIONAL PLANNING CONSULTANTS MASTER PLANNING ARCHITECTURE LANDSCAPE ARCHITECTURE January 18, 2005 Larry j. Cunningham City of North Richland Hills 7301 NE Loop 820 North Richland Hill, Texas 76180 RE: Proposed Catering Building NRH2O Family Waterpark Dear Mr. Cunningham: Kim C. Davis, RLA, ASLA President kdavis @ddirpc.com The firm of Davis & Davis Inc., Recreational Planning Consultants (DDI) is pleased to present the City of North Richland Hills, Texas (as the Owner) and Larry). Cunningham as the Owner's representative with the following proposal. INTRODUCTION The Owner desires to add a catering building of approximately 600 SF to the existing NRH2O Family Waterpark. The general location of the proposed catering building is adjacent to the existing groups pavilion, although an exact location has not been determined. The architectural styling and materials of the proposed catering building shall be consistent with the architectural vernacular of the existing buildings. An allowance for a food service consultant is included in this contract and will be part of the consultant team. The owner will approve the selection of the food service consultant and DDI will establish a professional services contract with the selected consultant. DDI will include the food consultant as a consultant team member. 1805 -A West Park Row Drive • Arlington, Texas 76013 -3584, USA • Phone (817) 274 -3871 • Fax (817) 274 -3875 E -mail: info @ddirpc.com • Web: www.ddirpc.com \ \rvrn- pric\parKs ana recreation \ADMIN \WP - CHRIS \CITYCOUN \Contracts or Agreements \NRH2O Davis and Davis Catering Building 1- 24- 05.doc Proposal for Catering Building NRH20 • The professional services include: Architecture Landscape Architecture Mechanical, Electrical and Plumbing Engineering Civil Engineering Structural Engineering Kitchen Equipment Design and Specifying Gas is not available for use which will require the catering building to be all electric. Underground storm drainage does not appear to be necessary. Domestic water and sanitary sewer are available within the work area. A grease trap is expected to be necessary. There appears to be an 8" water and an 8" sanitary sewer line in the project area. Efforts will be made to work around these existing utilities. This proposal does not include the engineering to relocate the existing 8" water and sewer lines. If required . these services will be treated as an additional service. SCOPE OF SERVICES Produce plans, specifications, notes and details required for design, permitting, bidding and construction of the catering building and associated site work as described herein. The services are planned to consist of three (3) phases: 1. Design 2. Bidding 3. Construction DESIGN PHASE Due to the short duration of the project the design phase shall occur in two steps: Step 1.) Preliminary Design Step 2.) Construction Documents • 2 Proposal for Catering Building NRH20 • Preliminary Design shall consist of: • Program Development and Menu Development • Site Research • Preliminary Site Plan Identifying Proposed Building Location • Preliminary Floor Plan for Catering Building • Preliminary Catering Building Exterior Elevations • Preliminary Utilities Plan • Preliminary Kitchen Equipment Plan Approximately two meetings are estimated to occur. The owner shall be provided three (3) sets of review prints at each meeting. The preliminary design documents will be reviewed with building permit plans examiners, prior to beginning construction documents. It is not anticipated to submit for site plan review. If needed, this submittal will be treated as an additional service. The owner shall provide authorization to proceed into construction documents. Construction Documents shall consist of: • • Cover Sheet • Existing Conditions Survey • Demolition Plan • Site Plan • Utilities Plan • Grading and Erosion Control Plan • Landscape Plan • Irrigation Plan • Architectural Floor Plan, Elevations, Cross - Sections, Foundation, Wall Sections, Roof - plans, Internal Building Walls and Exterior Shell, Window and Door Schedules. • Mechanical, Electrical, Plumbing Engineering to include distribution of interior utilities, HVAC design, electrical service to building, plumbing floor plans and riser plans, and schedules • Structural Engineering of foundation, walls, and roof • Kitchen Equipment Plans and specifying including vent -a -hood and grease trap • Opinion of Probable cost • 3 Proposal for Catering Building NRH20 • The plans will include the necessary notes, details and schedules to allow bidding, permitting and construction of the catering building. Development of technical specifications and bid form with alternates is included. The owner shall supply the legal and general specifications. Approximately two (2) meetings are estimated to occur. The owner shall be provided three (3) sets of review prints at each meeting. The documents shall be submitted for building permit application by the owner. The owner shall be provided a set of reproducible documents for printing of the building permit application documents. DDI shall submit plans to TDLR for accessibility permitting. Development of operational and facility use signage is excluded. This building is not planned to require a fire sprinkler system. If required, the fire sprinkler system shall be presented as performance specifications for the design / build installer. BIDDING: (The following services are included unless noted otherwise) • Provide owner with a maximum 12 sets of plans for bidding. The owner shall advertise and distribute plans. • DDI shall coordinate and attend a pre -bid meeting. • Answer questions and interpret drawings during the bidding period. • The owner shall receive all bids. Attendance at the bid opening is included. • Prepare and distribute any required addendum. • Analyze the bids and make a written recommendation to the owner for awarding a contract CONSTRUCTION ADMINISTRATION: (The following services are included unless noted otherwise) • Provide advice to the owner. • Attend monthly construction meetings through the course of construction. Additional site visits will be made as project timing requires. • Preparation of elementary and supplementary sketches required to resolve field conditions. • Approve submittals and shop drawings submitted by the contractors for conformance with the design concept. • Review certificates for payment submitted by the contractor. • Prepare change orders for the owner approval and execution. 4 Proposal for Catering Building NRH2O • Coordinate final site walk through with the owner at the conclusion of the construction and provide a punch list to the contractor to complete the project. ADDITIONAL SERVICES: In the event that an additional service is required which is not part of this proposal DDI shall submit an addendum to this proposal for approval by the owner prior to an additional service being performed. SCHEDULE It is understood that the owner requires for the catering building to be open by Memorial Day Weekend, if not earlier. The schedule shown as attachment "A" is submitted as the proposed project schedule. Every effort will be made to meet and maintain this schedule. OWNER SUPPLIED INFORMATION The owner shall supply the site survey to include verification of all site features including utilities and spot grades / 1' contours. FEES AND RATES The fee structure for this project is shown as a lump sum fee. There is a breakdown for the value of professional services. The total lump sum fee is: $19,500.00, with the following allocations: Professional Services: Design Phase: $ 17,200.00 (This includes $6,000.00 as a variable allowance for a Kitchen Equipment Designer). Bidding Phase: $300.00 is Construction Phase: $2,000.00 5 Proposal for Catering Building NRHz0 • A breakdown of the fees associated with each consultant will be provided at the time of the first invoice. The professional services include an allowance of $6,000 for a food service consultant. This amount will be updated as the owner negotiates a final professional service agreement. All reimbursable expenses will be invoiced at cost. Reimbursable expenses include reproduction expenses associated with plans and specifications for review and plan distribution associated with project reviews, bidding, permitting and construction. Additional reimbursable expenses include submittal fees, permit application fees, mailing or couriers and outside consultants not part of this proposal. All invoicing shall occur on a percentage of completion basis within each phase for a standard monthly billing cycle. All invoices are due upon receipt. Non - payment of an invoice within the billing cycle may result in a cease of work until the outstanding invoice is brought up to date. • M r� U • Proposal for Catering Building NRH20 IN WITNESS WHEREOF, the parties have executed this professional services agreement upon the year and date indicated beneath their signatures hereto. DAVIS & DAVIS INC. By: Kim C. Davis, President Date: ATTEST: TITLE: CITY OF NORTH RICHLAND HILLS By: Larry J. Cunningham, City Manager Date: ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM: George Staples, Attorney for the City Ll • Announcements and Information January 24, 2005 Announcements The NRH Office of Emergency Management and the National Weather Service will host a free Severe Weather Seminar on Saturday, January 29, at the Richland High School auditorium. The seminar is scheduled from 8:30 a.m. to 1:30 p.m. It will include formal presentations and displays on family preparedness, storm spotting, amateur radio, emergency response teams and more. For more information, please call 817 - 427 -6900. The NRH Recreation Center will host its 14th Annual Daddy /Daughter Valentine's Dance on Saturday, February 5. For ticket information, please call 817- 427 -6600. The NRH Recreation Center is hosting a Winter Break Camp February 7 — 11 to coincide with Birdville ISD's Winter Break. Throughout the week, campers will explore different aspects of winter though games, art and field • trips. For registration information, please call 817 - 427 -6600. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Officer Tom Cleveland An e-mail was received from an NRH couple thanking Officer Cleveland for the way they were treated during an auto accident. It was their first accident in 60 years and Officer Cleveland made a bad situation a little better, they said. 0