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Home My WebLink AboutCC 1998-09-14 Minutes Present: MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 14,1998, - 6:20 P.M. Charles Scoma Don Phifer Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Matt Milano Cheryl Cowen Lyman Larry Cunningham Randy Shiflet Ron Ragland Patricia Hutson Rex McEntire Marty Wieder Greg Dickens Barry LeBaron Larry Koonce John Lynn Pam Burney Melani Fragge Donna Huerta Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Councilwoman City Manager Deputy City Manager Assistant City Manager City Secretary Attorney Economic Development Director Public Works Director Planning/lnspection Director Finance Director Acting Police Chief Environmental Services Director Human Resources Director Communications Director I ITEM I DISCUSSION I ASSIGNMENT I CALL TO ORDER Mayor Scoma called the meeting to order at 6:20 p.m. Mayor Scoma introduced a new member of the staff, Ms. Alicia Richardson, Assistant City Secretary. Pre-Council Minutes September 14, 1998 Page 2 I ITEM I DISCUSSION I ASSIGNMENT I DISCUSS ITEMS Agenda Item No. 22 - GN 98-113- NAN FROM REGULAR Councilwoman Johnson questioned how this SEPTEMBER 14 item came about and why the rates were being AGENDA adjusted. Staff explained that in accordance with FCC regulations Marcus had filed a request with the City for rate increases. The City retained a rate consulting firm to review Marcus' request. The rates listed in the resolution are based on the consultants' findings. The Council discussed the complaints they have been receiving from the citizens about Marcus. The Mayor advised that he and the City Manager were planning to meet with Marcus, present the list of problems and see if better service can be negotiated. The Council was advised that the City had limited jurisdiction in regard to rate regulations and customer service. There was a question on when the franchise with Marcus will expire. Councilman Welch requested Staff to review the franchise agreement and determine when the franchise with Marcus will expire. Mayor Scoma advised that at a request of a PATRICIA H. Council Member the following change had been made to the August 24, 1998 regular City Council Minutes: Page 9, the reason for Councilwoman Johnson's denial was removed from the motion. The original wording was "Councilwoman Johnson moved, seconded by Councilwoman Lyman, to deny GN 98-96 on the basis that there are not the qualified people on the committee that there are on the other committees." The wording was changed to: "Councilwoman Johnson moved, seconded by Councilwoman Lyman, to deny GN 98-96. Councilwoman Johnson advised that she made the motion to deny on the basis that there are not the qualified people on the committee that there on the other committees." Council was advised that they would be approving the minutes with the correction. Pre-Council Minutes September 14, 1998 Page 3 I ITEM I DISCUSSION I ASSIGNMENT I REVIEW FUNDING The City Manager explained that NETS has LARRY C. ISSUES RELATED been receiving its funding from the Federal TO NETS ISTEA grant, from the State and member cities in the Northeast Tarrant area. With the revision of ISTEA, now called TEA-21, NETS has lost federal funding. The member cities have been meeting and working with NETS to address this loss. The cities have agreed to advance money through the end of December to help them through this financial crisis. Mayor Pro Tem Phifer briefed the Council on what the Regional Transportation Commission was doing to address the problem. He advised that Congressman Frost was working on legislation to reestablish the funding, but that it would not be approved in time. RTC is exploring options to fund NETS until a bill can be passed by Congress. A plan is scheduled to be brought before the RTC at their next meeting. The Council discussed the need to look at outside sources to subsidize NETS for North Richland Hills citizens in case the funding fails. Mayor Scoma advised that NETS was to provide quarterly reports to the Council as part of the original agreement with NETS. Mayor Scoma advised the Council has not been receiving the quarterly reports and requested that these reports be sent to the Council. DISCUSS The Council reviewed the list of proposed NAN AGENDA FOR items to be discussed at the September 14 MEETINGS WITH meetings with the Zoning Board of Adjustment PLANNING & and the Planning and Zoning Commission. ZONING The Council agreed to the agenda. Mayor COMMISSION Scoma asked that City Staff summarize the AND ZONING enabling legislation at the meeting. The BOARD OF Council discussed what they considered the ADJUSTMENT definition of a "hardship" to be. The Council reviewed Section 211.009 of the enabling legislation which enumerates the authority of the board. The Council ::!areen that a hardshiD Pre-Council Minutes September 14, 1998 Page 4 I ITEM I DISCUSSION I ASSIGNMENT I DISCUSS does not exist when an individual takes action AGENDA FOR contrary to established City ordinances MEETINGS WITH regardless of the financial or inconvenience PLANNING & factor. They agreed that financial hardship ZONING alone was not sufficient grounds for a COMMISSION variance. The Council discussed the need to AND ZONING adopt a standard for carports when variances BOARD OF are approved. The Ad Hoc Committee is to be ADJUSTMENT asked to consider variance standards in their (continued) review. SET SCHEDULE The Council will meet with the various boards LARRY C. FOR FUTURE and commissions on the first Tuesday after the MEETINGS OF second Monday. Staff is to use their discretion BOARDS AND in the scheduling of when each board and COMMISSIONS commission will meet with the Council. DISCUSS The Council discussed the proposed Council NAN COUNCIL TRAVEL travel policy and the list of recommended POLICY AND conferences for the 98/99 budget year. The CONFERENCES Council discussed participation on TML and NLC committees. The Council is encouraged to participate in committees and leadership on the State level. The Council is to focus their committee and leadership participation on state and local level and not national level. It was agreed that the budgeted TML Conferences and the NLC Congress of Cities and Congressional Cities Conferences were beneficial. Mayor Scoma advised that there were many good seminars in the metroplex and he encouraged the Council to attend as many of those as possible. Mayor Scoma also asked Staff to check into an uDcomina r Pre-Council Minutes September 14,1998 Page 5 I ITEM I DISCUSSION I ASSIGNMENT I DISCUSS to be held in Dallas - How to Recruit, Train COUNCIL TRAVEL and Retrain Volunteers and see if it would be POLICY AND beneficial to Staff members. The Council CONFERNCES discussed if a Council Member could take a (continued) traveling companion if a spouse was unable to accompany the Council Member. The consensus of the Council was that only spouse travel would be authorized. OTHER A new member of the Staff, Ms. Donna Huerta, INFORMATIONAL Communications Director, was introduced to ITEMS the City Council. ADJOURNMENT Mayor Scoma announced at 7:17 p.m. that the TO EXECUTIVE Council would adjourn to Executive Session to SESSION discuss litigation as authorized by Government Code Section 551.071. ATTEST: ~Nti-/~ atricla Hutson - City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 14, 1998 - 7:30 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order September 14, 1998 at 7:30 p.m. ROLL CALL Present: Charles Scoma Don Phifer Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Matt Milano Cheryl Cowen Lyman Staff: Larry Cunningham Randy Shiflet Ron Ragland Patricia Hutson Rex McEntire Greg Dickens Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilwoman City Manager Deputy City Manager Assistant City Manager City Secretary Attorney City Engineer 2. INVOCA TION Councilwoman Lyman gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS A. RECOGNITION OF FORMER BOARD/COMMISSION MEMBERS City Council Minutes September 14,1998 Page 2 Mayor Scoma presented plaques to the following former board members: Mr. David Barfield, Planning & Zoning Commission and Capital Improvement Advisory Committee, serving from September 1987 to June 1998; Mr. Bill Biggers, Civil Service Commission, serving from May 1993 to June 1998; Mr. Thomas A. Hodge, Town Hall Committee, serving from June 1997 to June 1998; Ms. Billie Sommermeyer, Beautification Commission, serving from April 1991 to June 1998; Mr. Don Tipps, Park and Recreation Board and Park and Recreation Facilities Development Corporation, serving from June 1980 to June 1998; and Mr. James Bellomy, Board of Adjustment, serving from March 1995 to June 1998. Mayor Scoma also recognized the following former Board Members who could not be present to receive their plaques: Mr. Danny Blankenship, Civil Service Commission and Park and Recreation Facilities Development Corporation, serving from October 1997 to June 1998; Mr. Ed Brock, Civil Service Commission, serving from July 1994 to June 1998; Mr. Billy Cypert, Board of Adjustment, serving from June 1983 to June 1998; Mr. Don Ferguson, Planning and Zoning Commission and Capital Improvement Advisory Committee, serving from April 1997 to June 1998; Mr. Bobbie Lambert, Park and Recreation Board, serving from August 1987 to June 1998; Mr. James McCaig, Board of Appeals, serving from May 1993 to June 1998; Ms. Joyce Moody, Library Board, serving from August 1995 to June 1998; Ms. Lorrine Miller, Park and Recreation Board, serving from January 1997 to June 1998; and Ms. Jill Spicer, Planning and Zoning Commission, serving from August 1994 to June 1998. B. DISTINGUISHED BUDGET PRESENTATION AWARD FOR FISCAL YEAR 1997/98 Ms. Nell Lange, Director of Administration, North Central Texas Council of Governments and immediate past President of GFOA, presented to Mr. Larry Koonce, Finance Director, and Debbie Durko, Budget Coordinator, the Distinguished Budget Award for the City's Comprehensive Annual Budget for the fiscal year beginning October 1, 1997. Mr. Koonce recognized the members of the Finance Staff. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEM(S) APPROVED City Council Minutes September 14, 1998 Page 3 A. MINUTES OF THE GOAL SETTING WORK SESSION JUNE 19-20,1998 B. MINUTES OF THE WORK SESSION JUNE 30, 1998 C. MINUTES OF THE SPECIAL MEETING AUGUST 11, 1998 D. MINUTES OF THE PRE-COUNCIL MEETING AUGUST 24, 1998 E. MINUTES OF THE REGULAR MEETING AUGUST 24, 1998 F. GN 98-98 - APPOINTMENT OF ASSISTANT CITY SECRETARY - RESOLUTION NO. 98-41 G. GN 98-99 - APPOINTMENT TO PLACE 4 ON TEEN COURT ADVISORY BOARD H. GN 98-105 - INTERLOCAL AGREEMENT ON JUVENILES WITH TARRANT COUNTY - RESOLUTION NO. 98-38 I. GN 98-107 - APPROVE EXEMPTION OF CITY'S HEALTH PLAN FOR HIPPA REQUIREMENTS J. GN 98-110 - AMEND INTERLOCAL AGREEMENT FOR USE OF ENVIRONMENTAL COLLECTION CENTER - RESOLUTION NO 98-45 K. GN 98-111 - REVISION OF SCHOOL ZONE HOURS AT CARRIE FRANCES THOMAS ELEMENTARY SCHOOL - ORDINANCE NO. 2326 L. GN 98-112 - CONTRACT AUTHORIZING PASS-THROUGH STATE GRANT AGREEMENT FOR NETS M. PU 98-55 - APPROVAL OF PURCHASE OF ARMORED VEHICLE Councilman Metts moved, seconded by Mayor Pro Tem Phifer, to approve the Consent Agenda with the correction to the minutes of the August 24, 1998 regular meeting as discussed in Pre-Council. Motion carried 7-0. City Council Minutes September 14, 1998 Page 4 7. PZ 98-32 PUBLIC HEARING TO CONSIDER THE APPEAL OF NEXTEL CORPORATION FOR A SPECIAL USE PERMIT TO ALLOW A COMMUNICATIONS TOWER ON A PORTION OF LOT 15A, EDGLEY ADDITION (LOCATED IN THE 7500 BLOCK OF GRAPEVINE HIGHWAY) - ORDINANCE NO. 2330 DENIED Mayor Scoma opened the public hearing and called for anyone wishing to speak in favor to come forward. Mr. Terry Burroughs, 8585 North Stemmons, representing the applicant, spoke in favor of the request and addressed the concerns of the Planning and Zoning Commission. Mr. Wayne Herndon, owner of the property, spoke in favor of the request. Mayor Scoma called for anyone wishing to speak in opposition to come forward. There being no one else wishing to speak, Mayor Scoma closed the public hearing. After discussion, Councilwoman Johnson moved, seconded by Councilwoman Lyman, to deny Ordinance No. 2330. *Motion to deny carried 5-2; Mayor Pro Tem Phifer, Councilwomen Johnson and Lyman, Councilmen Welch and Milano voting for denial and Councilmen Mitchell and Metts voting against. 8. PZ 98-35 REQUEST OF JIM BROWN FOR A REDUCTION OF THE MASONRY REQUIREMENT ON LOT 14, BLOCK 3, J.L. AUTREY ADDITION (LOCATED AT 4019 RUFE SNOW DRIVE) - RESOLUTION NO. 98-44 DENIED Mr. Barry LeBaron, Director of Planning, presented the request because the applicant could not be present. *Corrected at the 9/28/98 City Council Meeting - Councilman Metts voted in error against the denial. His intent was to vote for the denial. City Council Minutes September 14, 1998 Page 5 Councilman Milano moved, seconded by Councilwoman Johnson, to deny PZ 98-35, Resolution No. 98-44. Motion to deny carried 7-0. 9. PZ 98-36 PUBLIC HEARING TO CONSIDER THE REQUEST OF THE CITY OF NORTH RICHLAND HILLS TO REMOVE THE SPECIAL USE PERMIT ALLOWING NURSERY RETAIL SALES, TRUCK RENTAL, AND A TEMPORARY OFFICE (LOCATED AT 51 02 DAVIS BOULEVARD) - ORDINANCE NO. 2332 APPROVED Mayor Scoma opened the public hearing and called for anyone wishing to speak for or against to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Metts moved, seconded by Mayor Pro Tem Phifer, to approve Ordinance No. 2332 to repeal the Special Use Permit for nursery sales and a temporary office at 5102 Davis Boulevard. Motion carried 7-0. 10. PS 98-30 REQUEST OF ROB ADAMS FOR A FINAL PLAT OF LOTS 1 RAND 2, BLOCK 6, T APP ADDITION (LOCATED AT 6401 NORTHEAST LOOP 820) APPROVED Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve PS 98-30 . Motion carried 7-0. 11. PS 98-34 REQUEST OF JOHN BARFIELD FOR A REPLA T OF LOT 1, BLOCK 1, AND LOT 16, BLOCK 2, THORNBRIDGE ESTATES, PHASE 5 (LOCATED AT 8933 AND 9001 THORNWA Y DRIVE) APPROVED City Council Minutes September 14, 1998 Page 6 MAYOR PRO TEM PHIFER ABSTAINED FROM DISCUSSION AND VOTING BECAUSE OF CONFLICT OF INTEREST. The Council discussed whether there would be a future need for Bramble Lane to provide access to the Thornbridge Addition. Councilman Metts moved, seconded by Councilwoman Lyman, to approve PS 98-34. Motion carried 6-0; Mayor Pro Tem Phifer abstaining. 12. PS 98-35 - REQUEST OF MATT SPEIGHT FOR A REPLA T TO BE KNOWN AS LOTS 1 R1 AND 1 R2, BLOCK 30, HOLIDAY NORTH ADDITION (LOCATED IN THE 5500 BLOCK OF DAVIS BOULEVARD) APPROVED MAYOR PRO TEM PHIFER ABSTAINED FROM DISCUSSION AND VOTING BECAUSE OF CONFLICT OF INTEREST. Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve PS 98- 35. Councilman Milano expressed concerns regarding plats being approved prior to the overlay zone being put in place. Mr. Scott Sandlin, representing the applicant, advised that office retail was planned at this location. Motion carried 4-2; Councilwomen Johnson and Lyman, Councilmen Welch and Metts voting for, Councilmen Mitchell and Milano voting against, and Mayor Pro Tem Phifer abstaining. 13. PS 98-41 - REQUEST OF MICHAEL RADER FOR AN AMENDED PLAT OF LOTS 6 & 7, BLOCK 4, INDUSTRIAL PARK ADDITION (LOCATED AT 5619 RUFE SNOW DRIVE) APPROVED MAYOR PRO TEM PHIFER ABSTAINED FROM DISCUSSION AND VOTING BECAUSE OF CONFLICT OF INTEREST. City Council Minutes September 14, 1998 Page 7 Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve PS 98-41. Motion carried 6-0; Mayor Pro Tem Phifer abstaining. 14. GN 98-1 00 APPROVAL OF 1998 CERTIFIED TAX ROLL - RESOLUTION NO. 98-40 APPROVED Councilman Metts moved, seconded by Councilman Welch, to approve Resolution No. 98-40 and the Certified Tax Roll in the amount of $1 ,961 ,435,474 for the tax year 1998. Motion carried 7-0. 15. GN 98-101 AUTHORIZING HOMESTEAD, OVER 65, AND DISABILITY EXEMPTIONS FROM AD VALOREM TAXES - ORDINANCE NO. 2327 APPROVED Councilman Welch advised he would like to recommend that the $29,000 exemption be raised to $30,000 for persons over the age of 65 and for persons disabled. However, since the budget had been prepared based on the $29,000 exemption, he recommended that it be done next budget year. Councilman Welch moved, seconded by Councilwoman Johnson, to approve Ordinance No. 2327 providing for exemptions for homestead, over 65 years of age and disability persons to be approved and with the provision that next budget year, the $29,000 exemption for senior citizens and the disabled be raised from $29,000 to $30,000. Motion carried 7-0. RECESS Mayor Scoma called a recess at 9:00 p.m. BACK TO ORDER Mayor Scoma called the meeting back to order at 9:07 p.m. with the same members present as recorded. City Council Minutes September 14,1998 Page 8 16. GN 98-102 ADOPTING THE TAX RATE FOR 1998 - ORDINANCE NO. 2328 APPROVED Councilwoman Lyman moved, seconded by Councilman Welch, to approve Ordinance No. 2328 setting the tax rate for the 1998-1999 fiscal year at 57¢. Motion carried 7-0. 17. GN 98-103 ADOPTING THE 1998-99 BUDGET ORDINANCE NO. 2329 APPROVED Mayor Pro Tem Phifer moved, seconded by Councilwoman Johnson, to approve Ordinance No. 2329 adopting the 1998-99 Budget for all funds and the revisions to the 1997 -98 Budget for all funds. Motion carried 7-0. 18. GN 98-104 CONSIDER ORDINANCE TO EXTEND FOR 120 DAYS THE MORATORIUM ON PERMITS FOR ELECTRONIC MESSAGE BOARD SIGNS - ORDINANCE NO. 2331 APPROVED Councilman Milano moved, seconded by Councilwoman Lyman, to approve Ordinance No. 2331 extending the moratorium for an additional 120 days. The Council discussed the feasibility of including all signs in the moratorium. They also discussed the removal of signs and landscaping from the Zoning Ordinance, and the adoption of interim review guidelines as part of the ordinance. Motion carried 7-0. 19. GN 98-106 LOCAL LAW ENFORCEMENT BLOCK GRANT - PUBLIC HEARING City Council Minutes September 14, 1998 Page 9 Mayor Scoma opened the public hearing and called for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. No further action was needed by the Council. 20. GN 98-108INTERLOCAL AGREEMENT WITH CITY OF KELLER FOR RECONSTRUCTION OF SHADY GROVE ROAD - RESOLUTION NO. 98-39 APPROVED Mayor Pro Tem Phifer moved, seconded by Councilwoman Lyman, to approve Resolution No. 98-39. Motion carried 7-0. 21. GN 98-109 APPROVE CONTRACT FOR TNRCC FY 1999 SOLID WASTE GRANT #99-04-G11 FOR PUBLIC OUTREACH PROGRAMS FOR RESIDENTIAL SOLID WASTE REDUCTION - RESOLUTION NO. 98-46 APPROVED Mayor Pro Tem Phifer moved, seconded by Councilwoman Lyman, to approve Resolution No. 98-46. Motion carried 7-0. 22. GN 98-113 SETTING MAXIMUM BASIC CABLE AND INSTALLATION RATES FOR MARCUS CABLE - RESOLUTION NO. 98-42 APPROVED Councilwoman Lyman moved, seconded by Mayor Pro Tem Phifer, to approve Resolution No. 98-42, setting maximum permitted rates for basic tier cable service, installation of equipment and services, and the Wire Maintenance Program for Marcus Cable. City Council Minutes September 14, 1998 Page 10 After discussion by the Council, motion carried 6-1; Mayor Pro Tem Phifer, Councilmen Mitchell, Metts, Milano, Councilwomen Johnson and Lyman voting for and Councilman Welch voting against. 23. PUBLIC HEARING TO CONSIDER CREATION OF REINVESTMENT ZONE NUMBER ONE - ORDINANCE NO. 2333 APPROVED Mayor Scoma opened the public hearing and called for anyone wishing to speak for or against to come forward. Mr. Marty Wieder, Economic Development Director, presented the proposed ordinance. There being no one else wishing to speak, Mayor Scoma closed the public hearing. Councilwoman Lyman moved, seconded by Councilman Metts, to approve Ordinance No. 2333 establishing Reinvestment Zone Number 1, City of North Richland Hills. Motion carried 7-0. 24. GN 98-115 DIRECT STAFF TO DRAFT SPECIFICS FOR DEVELOPING A NORTH DAVIS OVERLAY DISTRICT DENIED The City Manager reviewed the activities of City Staff regarding the issues being addressed in the North Davis Overlay District. Councilman Milano moved, seconded by Councilwoman Lyman, to direct City Staff to develop specifics to support the suggestions as outlined in the North Davis Overlay District as the report was presented to the City Council on July 13, 1998 meeting. After discussion by Council, motion failed 5-2; Mayor Pro Tem Phifer, Councilmen Welch, Mitchell and Metts and Councilwoman Johnson voting against and Councilman Milano and Councilwoman Lyman voting for. 25. (A) CITIZENS PRESENTATION City Council Minutes September 14,1998 Page 11 Ms. Mary King, citizen, advised that the citizens in the North Davis area would like commercial standards to be raised in the City. Ms. King advised they felt the overlay zone was in the best interest of the City. Ms. King asked what was to be done by the Ad Hoc Committee. Mayor Scoma advised the City Council has instructed the Land Use Ad Hoc Committee to review all aspects of land use. The Ad Hoc Committee will include in their review the study prepared by the North Davis Group. The City has needed to improve its standards for several years. Mayor Scoma advised the steps outlined in Council's discussion on Agenda Item No. 24, define the actions being taken and the study done by the North Davis Group is included. (B) INFORMATION AND REPORTS Mayor Scoma introduced the City's new Communication Director, Ms. Donna Huerta. Mayor Scoma commended the City's Neighborhood Crime Watch organization and advised that five new Neighborhood Watch Groups have been formed. 2.6 ADJOURNMENT Mayor Scoma adjourned the meeting at 10:34 p.m. ATTEST: t?aóztNÆ/~ Patricia Hutson - City Secretary