HomeMy WebLinkAboutCC 2000-10-09 Minutes
MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE
PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST
LOOP 820 - OCTOBER 9, 2000 - 5:55 P.M.
Present:
Charles Scoma
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Don Phifer
Joe D. Tolbert
1. Oscar Trevino, Jr.
Larry J. Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Patricia Hutson
Alicia Richardson
Paulette Hartman
Rex McEntire
Greg Dickens
Larry Koonce
John Pitstick
Jenny Kratz
Andy Jones
Terry Kinzie
John Lynn
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilwoman
Councilman
Councilman
Councilman
City Manager
Deputy City Manager
Assistant City Manager
Managing Director Community Services
City Secretary
Assistant City Secretary
Adm. Asst. to City Manager
Attorney
Public Works Director
Finance Director
Director of Development
Public Information Director
Fire Chief
Information Services Director
Asst. Police Chief
ITEM DISCUSSION ASSIGNMENT
CALL TO ORDER Mayor Scoma called the meeting to order at 5:55
p.m.
DISCUSS ITEMS Agenda Item No. 12, PZ 2000-20 - Councilman NAN
FROM REGULAR Mitchell asked for clarification on whether there was
OCTOBER 9, 2000 a valid petition with 20% of the adjacent property
CITY COUNCIL owners in opposition. The Attorney advised that the
AGENDA petition was still being calculated.
Agenda Item 6f, GN 2000-16 - Councilman Phifer NAN
questioned if Council had not recently approved a
resolution authorizing Investment Officers. The City
Manager advised the previous request was to add
Toni Van Hooser to the list of authorized individuals.
Pre Council Minutes
October 9,2000
Page 2
ITEM DISCUSSION ASSIGNMENT
This request is to add Keith Wilson who is replacing
Kristine Smith.
Public Works Director Greg Dickens introduced to
the Council Mr. Ross Canton, the new
Administrative Assistant in the Public Works
Department.
IR 2000-129 The City Manager advised that attached to the I R GREG D.
PARTICIPATION IN was the draft written presentation to be given to
THE TEXAS TxDOT at the October 16 public meeting. Mr.
TRANSPORTATION Cunningham explained the meeting would be
PLAN informal; a table would be set up to receive written
letters or individual comments would be accepted.
Mayor Scoma advised of additional items he felt
should be included in the written presentation: 1)
Davis Boulevard opening up to Hwy. 114; 2) video
monitoring of traffic congestion - need monitors in
City's Police Dispatch in order to respond faster to
situations on IH 820; 3) beautification needs for the
IH 820 expansion; 4) encourage TxDOT to support
a design bill. Councilman Trevino advised he could
not support the design bill. Councilman Trevino felt
the design bill was flawed and that it would obstruct
small businesses. He advised the Mayor could
support the bill individually but he was against the
City Council supporting it. The City will present a
written presentation at TxDOT's public meeting on
October 16, 2000.
IR 2000-127 The Public Works Director briefed the Council on NAN
DISCUSS REVISION the history of the road hump policy. Councilwoman
OF ROAD HUMP Johnson advised she requested this item be placed
POLICY on the agenda. Councilwoman Johnson felt that the
road humps do not allow large vehicles to travel
over them at the posted speed of 20 mph. The
Council discussed the purpose of the road humps
and concluded that a revision was not needed to
the road hump policy.
Pre Council Minutes
October 9,2000
Page 3
ITEM DISCUSSION ASSIGNMENT
IR 2000-128 Mr. Pitstick briefed the Council on a request to limit JOHN P.
CONSIDERATION the hours for distribution of handbills and
OF LIMITING advertisements on private property. Mr. Pitstick
HOURS FOR explained that a section could be added to the
DISTRIBUTION OF Nuisance Ordinance to limit the hours of the
WRITTEN distribution of handbills on private property. The
ANNOUNCEMENTS Council expressed concern that the ordinance
ON PRIVATE would exclude the delivery of newspapers during
PROPERTY the early morning hours. The Council also
discussed how daylight savings time would affect
the ordinance. It was suggested that the hours be
limited to between sunup and sundown and that by
using the wording "unsolicited materials" newspaper
deliveries would not be limited. The consensus of
the Council was to limit the hours for distribution of
written announcements on private property to
between sunup and sundown and that wording such
as unsolicited materials be added to exclude
newspapers.
IR 2000-130 The City Manager briefed the Council on the escrow GREG D.lSTEVE N.
REVIEW ESCROW policy for North Tarrant Parkway. Council was
POLICY FOR advised that Commissioner Whitley is willing to
NORTH TARRANT provide labor and equipment for excavation,
PARKWAY stabilization of subgrade and asphalt paving of
North Tarrant from Precinct to IH 35. Mr. Whitley
was advised of Council's desire for concrete rather
than asphalt. Mr. Whitley is investigating the
County putting together a concrete crew, but the
crew will not ready until late next summer. Mr.
Dickens reviewed the timeline for improving the
section of North Tarrant Parkway from Precinct Line
Road to 600 feet west of Davis Boulevard utilizing
Tarrant County for a portion of the construction and
collecting escrow from any adjacent property platted
or replatted on North Tarrant Parkway in the future.
Council expressed concerns with the County
participating. It was felt that it would take the
County too long; that the project should be bid and
done through escrows and assessments and other
financing. The City Manager advised that the
engineering and design could be started while staff
identified other funding options, i.e., bonds,
certificates of obligation; federal funds, state funds.
After discussion, the consensus of the Council was
for staff to move forward with the engineering and
design and begin obtaining the escrows and
Pre Council Minutes
October 9, 2000
Page 4
ITEM DISCUSSION ASSIGNMENT
assessments. Staff will look at funding options and
present a recommendation for Council's
consideration after the completion of the design and
engineering work.
ADJOURNMENT Mayor Scoma announced at 6:43 p.m. that the
meeting would adjourn to Executive Session for
consultation with the Attorney as authorized by
Government Code §551.071 for the following cases:
1) Risheg v. NRH; 2) Livergood v. NRH and 3)
Gonzalez v. N RH. The Executive Session
adjourned at 6:53 p.m. to the regular Council
meeting with no action required.
Charles Scoma
(Ou
ATTEST:
eaf/VitiL~
Patricia 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 - OCTOBER 09, 2000 - 7:00 P.M.
1.
CALL TO ORDER
Mayor Scoma called the meeting to order October 09, 2000 at 7:00 p.m.
ROLL CALL
Present:
Charles Scoma
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Don Phifer
Joe D. Tolbert
T. Oscar Trevino, Jr.
Staff:
Larry J. Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Patricia Hutson
Alicia Richardson
Rex McEntire
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
City Manager
Deputy City Manager
Assistant City Manager
Managing Director of Community Services
City Secretary
Assistant City Secretary
Attorney
2.
INVOCATION
Councilman Tolbert led the invocation.
3.
PLEDGE OF ALLEGIANCE
4.
SPECIAL PRESENTATIONS
PRESENTATION OF FIRE PREVENTION WEEK PROCLAMATION
Mayor Scoma presented Fire Chief Andy Jones and Fire Marshal Mike Duncan with a
proclamation.
PRESENTATION OF BREAST CANCER AWARENESS PROCLAMATION
City Council Minutes
October 09,2000
Page 2
Mayor Scoma proclaimed the month as National Breast Awareness Month and October
20 as National Mammography Day.
Ms. Donna Crawford representing the American Cancer Society received the
proclamation.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. APPROVAL OF PRE-COUNCIL MINUTES SEPTEMBER 25, 2000
B. APPROVAL OF CITY COUNCIL MINUTES SEPTEMBER 25,2000
C. GN 2000-113 - SET DATE FOR LOCAL LAW ENFORCEMENT BLOCK GRANT
PUBLIC HEARING
D. GN 2000-114 - AMENDING AUTHORIZED REPRESENTATIVE LIST FOR
TEXPOOL - RESOLUTION NO. 2000-075
E. GN 2000-115 -AUTHORIZING SIGNATURES FOR PLEDGEE SIGNATURE
AUTHORIZATION FORM - RESOLUTION NO. 2000-076
F. GN 2000-116 - AUTHORIZE INVESTMENT OFFICERS - RESOLUTION NO. 2000-
077
G. PU 2000-044 - AWARD ANNUAL CONTRACT FOR PRINTERS TO SDF
PROFESSIONAL COMPUTERS - RESOLUTION NO. 2000-073
H. PU 2000-045 - AUTHORIZE CONTRACT EXTENSION TO SPECIALTY
UNDERWRITERS FOR ELECTRONIC EQUIPMENT MAINTENANCE -
RESOLUTION NO. 2000-074
I. PW 2000-029 - VACATE A SANITARY SEWER EASEMENT LOCATED IN TOWN
CENTER - L.C. WALKER SURVEY, ABSTRACT NO. 1652 - ORDINANCE NO.
2520
City Council Minutes
October 09,2000
Page 3
J. PW 2000-030 - VACATE THREE PERMANENT DRAINAGE EASEMENTS
LOCATED IN TOWN CENTER, L.C. WALKER SURVEY, ABSTRACT NO. 1652
AND J. BARLOUGH SURVEY, ABSTRACT 130 - ORDINANCE NO. 2519
K. PAY 2000-05 - APPROVE FINAL PAY ESTIMATE NO.7 IN THE AMOUNT OF
$43,360.09 TO WALT WILLIAMS CONSTRUCTION, INC. FOR BLANEY AVENUE
PAVING IMPROVEMENT
Councilwoman Johnson moved, seconded by Councilman Trevino to approve the
consent agenda as read.
Motion to approve carried 7-0.
7.
PS 2000-37 - MOTION TO RECONSIDER THE REQUEST OF JOE WADE FOR A
REPLAT OF LOT 1R, EATON ADDITION (THIS 1.5641 ACRE TRACT IS LOCATED
AT THE SOUTHWEST CORNER OF HARMONSON ROAD AND RUFE SNOW
DRIVE)
APPROVED
Ms. Joelyn Beringer representing Mr. Wade was available to answer questions from
Council.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances and summarized recommendations of staff and the Planning and
Zoning Commission.
Councilman Trevino moved to approve PS 2000-37 for replat of Lot 1 R, Block 1, Eaton
Addition. Councilman Phifer seconded the motion.
Motion to approve carried 7-0.
8.
PS 2000-28 - CONSIDER REPLAT OF LOTS 1RA & 3R2A, BLOCK 7, INDUSTRIAL
PARK ADDITION AS REQUESTED BY IRVING M. GROVES, III, REPRESENTED BY
SHEMWELL - CARTER RESTAURANTS (SONIC). THIS 2.31 ACRE TRACT IS
LOCATED AT 5647 RUFE SNOW DRIVE.
APPROVED
Councilman Phifer abstained from voting and discussion.
Mr. David Carter explained the nature of his request.
City Council Minutes
October 09,2000
Page 4
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances and summarized recommendations of staff and the Planning and
Zoning Commission.
Councilman Mitchell moved, seconded by Councilwoman Johnson to approve PS 2000-
28.
Motion to approve carried 6-0; with Councilman Phifer abstaining.
9.
PS 2000-43 - CONSIDER FINAL PLAT OF LOT 1, BLOCK 1, TAPP II ADDITION AS
REQUESTED BY ZONE SYSTEMS, INC., (THIS 21.33 ACRE TRACT LOCATED AT
5201 RUFE SNOW DRIVE)
APPROVED
Mr. Peter Kavanaugh of Zone Systems, Inc. summarized his request. The purpose of
this plat is to add additional land for a parking lot on the west side of what is currently
the Richland Pointe Business Center. The parking lot will be used for vehicles
associated with the new employer. Applicant is asking that a new sidewalk be added in
front of the new addition to the property up to the nearest driveway.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances. The Planning and Zoning Commission at their September 14
meeting recommended waiver of the new sidewalks with the exception of the following:
sidewalks be added along the North side of Combs Drive from the Southwest corner of
this tract to the first drive entry on Combs.
Councilman Metts moved to approve PS 2000-43 with the inclusion of the new sidewalk
as stated by applicant. Councilwoman Johnson seconded the motion.
Motion to approve carried 7-0.
10.
PZ 2000-39 - CONSIDER SITE PLAN APPROVAL FOR NET CHURCH LOCATED AT
8203 STARNES, BEING LOT 11, BLOCK 6, CRESTWOOD ESTATES
APPROVED
Mr. Ernest Herrera, architect, came forward and summarized his request.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances and summarized recommendations of staff and the Planning and
City Council Minutes
October 09,2000
Page 5
Zoning Commission. Mr. Pitstick advised Council that applicant has negotiated a
shared access easement with Winn-Dixie to the east.
Councilman Phifer moved, seconded by Councilman Mitchell to approve PZ 2000-39.
Motion to approve carried 7-0.
11.
PZ 2000-23 - PUBLIC HEARING TO CONSIDER THE REQUEST OF QUIKTRIP
CORPORATION, REPRESENTED BY MCDONALD & ASSOCIATES, FOR A
SPECIAL USE PERMIT FOR A CONVENIENCE STORE WITH GAS SALES WITHIN
200 FEET OF RESIDENTIAL PROPERTY AT 5600 DAVIS, BEING TRACT 17 J OUT
OF THE W. W. WALLACE SURVEY, ABSTRACT 1606. REQUEST BY APPLICANT
TO CONTINUE TO OCTOBER 23, 2000 CITY COUNCIL MEETING.
TABLED
Councilman Phifer abstained from discussion and voting.
Mayor Scoma advised Council that staff received a request from the applicant to table
this item until October 23,2000.
Ms. Brenda McDonald, representing applicant, advised Council that the Planning and
Zoning Commission tabled this item at their October 12 meeting. The Planning and
Zoning Commission felt this would allow applicant time to address a couple of issues.
Ms. McDonald is requesting Council to table this item until October 23, 2000.
Councilman Mitchell moved to table PZ 2000-23 until October 23, 2000. Councilman
Trevino seconded the motion.
Motion to table carried 6-0 with Councilman Phifer abstaining.
12.
PZ 2000-20 - SPECIAL PUBLIC HEARING TO CONSIDER THE REQUEST OF
WINKELMANN & ASSOCIATES FOR AZONING CHANGE ON 17.380 ACRES FROM
R1 SINGLE FAMILY AND C1 COMMERCIAL TO PD-PLANNED DEVELOPMENT
FOR HOME DEPOT, A HOME IMPROVEMENT CENTER WITH OUTDOOR SALES
AND DISPLAY. (THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF
PRECINCT LINE ROAD AND MID-CITIES BOULEVARD IN THE 9100 BLOCK OF
MID CITIES BOULEVARD) - ORDINANCE NO. 2521
APPROVED
Mr. Michael Clark of Winkelmann & Associates summarized his request.
City Council Minutes
October 09, 2000
Page 6
Mr. Pitstick, Director of Development gave the following case chronology:
September 25, 2000 -
Public Hearing and recommendation of denial by the
Planning and Zoning Commission
Public Hearing and 5-2 vote by City Council to approve
Ordinance No. 2483 with stipulations
Planning and Zoning Commission recommends approval of
Final Plat for Home Depot
City Council approves Final Plat for Home Depot
April 27, 2000 -
May 22, 2000 -
September 14, 2000-
This request is a re-hearing of a zoning request originally heard on May 22, 2000. As a
result of a pending law suit, Winkelmann has requested to re-hear this case with a full
15-day newspaper notice.
Specific changes made from the original site plan and are shown on the new site
plan include:
· Relocating an 8 foot masonry wall closer to the building
· Providing an 80 to 100 foot landscaped buffer channel to the north, west and south
side of the building
· Significant increases in trees and landscaping in buffer areas
· Changing the exterior façade to a split face concrete with limestone veneer finish
· Deleting outside storage areas fronting Mid Cities Boulevard. All outside storage
areas to be directly in front of building and not to be located in parking lot area.
· Restricted access to Precinct Line Road at Wayne and no additional driveways for
out parcels to Precinct Line Road
· Providing traffic light at Mid Cities Boulevard at Home Depot's expense (across from
the street from high school stadium)
The following were stipulations made at the May 22, 2000 City Council meeting.
· Hours of Operation for Home Improvement Center - 6:00am to 10:00 pm Monday
through Saturday and 8:00am to 7:00pm on Sundays
· Truck Delivery Hours for Home Improvement Center - 7:00am to 7:00pm, Monday
through Saturday with no truck deliveries on Sunday
· Main Access to Precinct Line Road - No north bound left turns permitted
City Council Minutes
October 09,2000
Page 7
· Access to Martin Road - Right out only allowed with a truck barrier to only allow
customer traffic
· Traffic Signal at Mid Cities access - A fully accessible traffic signal shall be installed
at the total expense of the home improvement center
· Deliveries on the northeast of the home improvement center be limited to tool pick
up and delivery by the public.
· Deliveries on the northwest side of the home improvement center be limited to
lumber pick up and delivery
· No overnight parking and storage of trucks or trailers allowed on the site
The request before Council is the same exact case brought before them at their May
22,2000 meeting with one exception. Home Depot is requesting an option to the right
out access on Martin Road depending on the ability of Home Depot acquiring the
necessary access easements to Martin Road.
Council discussed the item.
Councilman Phifer inquired about a request he made when the Council heard the final
plat at their September 25 meeting. He made the request to include the maintenance
of the channel be made party to the plat in the form of a covenant. He was advised at
the Council meeting that the maintenance of the channel was part of the PD-Planned
Development. He does not see it and wants to know if it got included on the plat.
Mr. Greg Dickens, Director of Public Works, advised Councilman Phifer the applicant is
being required to sign a maintenance agreement.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak in
opposition of the request to come forward. The following people spoke in opposition:
Randy Alderman, David Watson (spoke for a group of 10 people), Dennis Buckingham
(spoke for a group of 10 people), Katherine Robinson, Earnest Bernard, Jo-Anne
Beveridge, Myrtis Byrd, Bobbie Eddins, Robin Eddins, Charles Rogers, Faye Rogers,
and Claudia Thompson.
Mayor Scoma recognized Andra and Richard Bennett. They are in opposition to the
request, but did not request to speak.
The Mayor advised Council he received a petition in opposition of the request.
There being no one else wishing to speak in opposition Mayor Scoma asked for anyone
speaking in favor to come forward. Mr. Harvey Greenwald and Michael Clark spoke in
favor of the request.
City Council Minutes
October 09, 2000
Page 8
Mayor Scoma recognized MaryBeth and Larry Frazee. They are in favor of request, but
did not request to speak.
Councilwoman Johnson moved to approve PZ 2000-20, Ordinance No. 2521 with the
only change from the May 22, 2000 site plan approval to allow the optional right out
only access to Martin. Mayor Pro Tem Welch seconded the motion.
Councilman Metts left the room at 8:59 pm.
Councilman Metts returned to the room at 9:02 pm.
Councilman Mitchell asked Councilwoman Johnson to amend her motion to have no
exit on Martin and open exit/entrances on Precinct Line Road and Mid Cities Boulevard.
Mayor Pro Tem Welch called point of order. He thinks Council should take into
consideration what will happen to the northwest corner of Martin. It is zoned
commercial and what Council decides tonight may have an impact on this property.
Councilwoman Johnson denied Councilman Mitchell's amendment.
Councilman Mitchell is concerned that Council is in the process of piece-mealing Martin
Drive. In the past Council has discussed their concern with piece-mealing a street.
Councilman Mitchell asked Councilwoman Johnson to amend her motion to include an
optional right out for Home Depot on Martin and unlimited access onto Precinct Line
Road.
Councilwoman Johnson amended her motion. Mayor Pro Tem Welch seconded the
amendment.
After discussion regarding northbound access on Precinct Line Road Councilman
Mitchell asked for an amendment to the motion. He asked Councilwoman Johnson to
include the provision that there be signage indicating there will be no left turns
(northbound access) onto Precinct Line Road between the hours of 7:30 am - 9:00 am
and 4:30 pm - 6:00 pm.
Councilwoman Johnson amended her motion to include the provision. Mayor Pro Tem
Welch seconded the amendment.
Councilman Metts suggested Home Depot put a gate or blockade to eliminate patrons
from going northbound onto Precinct Line Road.
Mayor Scoma advised Council they could address the issue when an ordinance is
brought before them regarding the signage and exits onto Precinct Line Road.
City Council Minutes
October 09,2000
Page 9
Motion to approve carried 6-1 with Mayor Pro Tem Welch, Councilmen Mitchell, Metts,
Trevino, Tolbert and Councilwoman Johnson voting for and Councilman Phifer voting
against.
13.
GN 2000-117 - CONSIDERATION OF JOINING THE CITY OF DENTON VS.TXU
ELECTRIC AND GAS LITIGATION - RESOLUTION NO. 2000-080
APPROVED
Mr. Greg Vick, Managing Director Community Services, advised Council that the City of
Denton has filed suit against TXU Electric and Gas and has asked North Richland Hills
and other cities to join their case. Earlier this year Wharton, Galveston, and Pasadena
won a multimillion dollar judgement against HL&P (Houston Lighting & Power). HL&P is
now known as Reliant Energy. The case was based on claims by the cities that HL&P
had intentionally underpaid franchise fees to the cities. The City of Denton filed suit
against TXU Electric and Gas on similar issues. The City of Denton advised North
Richland Hills if we wish to join this case we need to act by October 20, 2000.
The city can join this suit by adopting an ordinance or resolution by October 20th. The
cost would be $.25 per capita based on our 1990 census and needs to be paid by
October 31. Mr. Vick has had discussions with Mr. Steve Johnson of TXU Electric and
Gas. He verbally indicated there was no need to join the litigation. TXU would be
willing to make each city whole based upon the outcome from the litigation. He and Mr.
Johnson have discussed putting TXU's commitment in writing.
Mr. Vick advised Council that Mr. Steve Johnson with TXU Electric and Gas is present
along with Mike Bucek of Bucek & Frank (one of the attorneys representing the City of
Denton).
Councilwoman Johnson left the room at 9:57 pm.
Councilwoman Johnson returned to the meeting at 9:59 pm.
Mayor Scoma asked why there was a drop-dead date of October 20. Mr. Vick referred
that question to Mr. Bucek.
Councilman Phifer left the room at 9:59 pm.
Councilman Phifer returned to the meeting at 10:03 pm.
Mr. Bucek advised Council that November 1 is the date the lawsuit will be switched over
from a City of Denton lawsuit to the list of steering committee of cities. On October 21st
his firm will come up with a ballot. Every city that has passed a resolution by October
21st can nominate an individual from their city to serve as an officer on the steering
City Council Minutes
October 09,2000
Page 10
committee. If there are 29 or less cities there will be a three-person steering
committee. If there are 30 or more cities there will be a five-person steering committee.
The ballot will be sent out on October 21. The cities will vote for a representative on the
steering committee. The drop-dead date is for the cities that want to be represented by
the steering committee. If North Richland Hills is not interested in voting for a
representative the drop-dead date is October 31,2000.
Mayor Scoma recognized Mr. Johnson. He asked Mr. Johnson to address the issue of
the agreement that would protect the city should deficiencies be found in TXU Electric
and Gas records.
Mr. Johnson advised Council that TXU has offered North Richland Hills the opportunity
to speak with their lawyers. At this time staff has not agreed to meet with TXU's
lawyers.
Mayor Scoma asked Mr. Johnson if TXU would submit a letter to the City of North
Richland Hills stating that TXU would make North Richland Hills whole should there be
deficiencies uncovered as a result of this lawsuit.
Mr. Johnson advised Council that he would not mind writing a letter to the city stating if
a deficiency is found in this lawsuit that TXU would review and audit the franchise fees.
If there is anything found to be wrong TXU would make North Richland Hills whole.
Councilman Phifer asked Mr. McEntire if our franchise agreement with TXU has a
provision for audit.
Mr. McEntire advised Council the city has an option to audit, but the city is limited in its
ability to do so. The city has to hire an expert to audit the franchise agreement. Mr.
McEntire suggests that TXU be bound by the terms of the Denton case and hold North
Richland Hills harmless together with any penalty and interest they owe the city.
Councilman Trevino left the room at 10:24 pm.
Councilman Trevino returned to the meeting at 10:26 pm.
Councilman Phifer clarified with Mr. Johnson that TXU would provide the city with a
letter, which stated any finding that resulted in a beneficial impact to the City of North
Richland Hills, TXU would make the city whole.
Mr. Johnson advised Council he is confident that TXU would make the city whole if any
findings were found that would impact TXU as it relates to North Richland Hills
agreement.
Councilwoman Johnson asked for Mr. Cunningham's opinion on the matter before
Council.
City Council Minutes
October 09, 2000
Page 11
Mr. Cunningham advised Council he would suggest Council pass the resolution, but
also request TXU to provide the city with a letter containing information that satisfies the
City Attorney and the city would not enter the lawsuit. He believes the most desirable
thing for Council is obtaining the letter from TXU.
Councilman Trevino moved to adopt the resolution with the addendum this resolution
shall be of no force and effect if TXU executes an appropriate hold harmless agreement
approved by the City Attorney and the City Manager. Councilwoman Johnson
seconded the motion.
Motion to approve carried 5-2; with Councilmen Mitchell, Metts, Trevino, Tolbert and
Councilwoman Johnson voting for and Mayor Pro Tem Welch and Councilman Phifer
voting against.
14.
GN 2000-118 -APPROVAL OF NEW COMMITTEE MEMBERS TO THE YOUTH
ADVISORY COMMITTEE AND REMOVAL OF COMMITTEE MEMBERS FOR NON-
ATTENDANCE
APPROVED
Ms. Paulette Hartman, Assistant to City Manager, summarized GN 2000-118. In July
the Youth Advisory Council appointed 14 members to the committee. The by-laws
allow for the appointment of 16 members. Two applications were received and the
committee reviewed the applicants at their last meeting. The committee is
recommending the following applicants be appointed to the Youth Advisory Committee
for two-year terms, expiring in May 31,2002:
Ryan Shiflet, Richland High School and Kendra Newton, Birdville High School
In addition, two members have not attended any meetings since August. The
committee is recommending removal of Kira Christopher and Blair Stewart both of
Richland High School. The committee recommends Kendahl Brown of Haltom High
School and Tiffany Sikes of Richland High School to fulfill the remainder of the term
expiring May 31,2001.
Councilman Trevino moved to approve the recommendation. Councilman Tolbert
seconded the motion.
Motion to approve carried 7-0.
15.
GN 2000-119 - RESOLUTION SUPPORTING THE DALLAS 2012 BID COMMITTEE
City Council Minutes
October 09, 2000
Page 12
IN ITS EFFORTS TO SECURE THE 2012 OLYMPIC GAMES FOR THE DALLAS/FT.
WORTH REGION - RESOLUTION NO. 2000-078
APPROVED
Ms. Paulette Hartman summarized GN 2000-119.
Councilwoman Johnson moved, seconded by Councilman Metts to approve GN 2000-
119, Resolution No. 2000-078.
Motion to approve carried 7-0.
16.
A. CITIZENS PRESENTATION
None.
B. INFORMATION AND REPORTS
Fire Department - Sixth Annual Open House on Saturday, October 14 to be held at Fire
Station # 4, 7202 Dick Fisher Drive and will begin at 10:00 a.m. For more information
you can call 427-6900.
Paws to Recycle - Recycle your aluminum cans at the Animal Shelter. Funds from the
recycling benefit the NRH Animal Shelter. The Animal Shelter is located at 7200 Dick
Fisher. For more information you can call 427-6570.
16.
ADJOURNMENT
Mayor Scoma adjourned the meeting at 10:55 pm.
U
ATTEST:
rYdtvitd ~
~t~a Hutson - City Secretary