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Home My WebLink AboutCC 2000-10-23 Minutes Present: Absent: 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 23,2000 - 5:50 P.M. Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Joe D. Tolbert 1. Oscar Trevino, Jr. Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Greg Dickens John Pitstick Jenny Kratz Paulette Hartman Jim Browne Bill Thornton Tom Shockley Mike Curtis Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney Public Works Director Planning Director Public Information Director Assistant to City Manager Director, Parks & Recreation Assistant Director, Parks & Recreation Police Chief Assistant Director, Public Works Don Phifer Councilman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the Pre-Council meeting to order at 5:53 pm DISCUSS ITEMS None FROM REGULAR OCTOBER 23, 2000 CITY COUNCIL MEETING Mr. John Pitstick advised Council at their October 9 IR 2000 137 City Council meetinç:¡ it was discussed to amend the Pre-Council Minutes October 23, 2000 Page 2 ITEM DISCUSSION ASSIGNMENT DISCUSS PUBLIC Nuisance Ordinance to limit the hours of distribution NUISANCE of handbills and advertisements on private property ORDINANCE from sunset to sunrise with an exception for the normal delivery of newspapers or solicited periodical subscriptions. Upon examining the Public Nuisance Ordinance, staff is requesting additional changes to allow proper enforcement of automobile sales in residential areas and removal of graffiti on private property. There was a recent case dismissed in court involving an individual that is selling used cars at his residence. The Public Nuisance Ordinance does not allow selling, but there is an exception for the occasional sale of a personal automobile on residential property. The City Attorney has suggested that we change this section to only allow the sale of one car per residence per year on private residential property. There are a couple of issues dealing with graffiti on fences and buildings. While there is a state law against the placement of graffiti, it is sometimes difficult to catch the violators. Staff is suggesting we require property owners to remove or paint over graffiti. Mayor Scoma inquired about vehicles that are sold on property other than personal property like public lots or vacant lots. Mr. Pitstick believes the current ordinance enforces that type of situation. If the property owner has not given permission to place cars on his lot the city can remove the cars. The property owner has to post signage and the city can get a wrecker to remove unwanted vehicles. Councilman Tolbert is concerned if a particular fence or area is constantly being marked. It would get expensive for the homeowner to repaint and/or replace fence. Mr. Pitstick mentioned an agreement the City of Hurst had with a paint store where the paint store donated the paint to homeowners. Councilman Tolbert suggested that Teen Court help with the repainting of fences in terms of community service. Mr. McEntire advised Council that the city could work with public service commitments with various courts downtown. Council consensus was to bring back the Public Pre-Council Minutes October 23, 2000 Page 3 ITEM DISCUSSION ASSIGNMENT Nuisance Ordinance with the three suggested changes - delivery hours of handbills and advertisements, changes to allow enforcement of JP automobile sales in residential areas, and removal of Qraffiti on private property. IR 2000-135 Mr. Greg Dickens gave Council an update on the W ASTEW A TER Wastewater Rehabilitation Improvement Project. The REHABILITATION bid date for completion was September 16, 2000. IMPROVEMENTS The contractor should be 100% complete by PROJECT; November 3,2000. The liquidated damage price per CONTRACT "A" calendar day is $500.00. The total approximate liquidated damages being $24,500. A few problems have incurred with KENKO, Inc. The city has a list of areas where KENKO, Inc. has to satisfy property owners. Councilman Trevino asked if there were any design problems or letters requesting extensions? Mr. Dickens advised Council staff did not receive anything from KENKO, Inc. Mayor Scoma inquired about the quality of work. Mr. Dickens advised Council KENKO is accomplishing what the city set out for them. Staff is most concerned with the settlement, dirt, trenches in backyards. Staff is keeping a close eye on these concerns. Again, the city has a list of areas to be taken care of. There may be some settlement after the completion of work. However, it is in the contract that they are responsible to come back and fill it in. Staff will talk to KENKO about coming back to fill in after the settlement. Councilman Trevino asked if staff is going to t.v. the line. Mr. Dickens advised Council that KENKO is responsible. It is in the contract that they t.v. the lines. Mayor Scoma asked if the impact fee was for NAN Contract "A" and "B". Mr. Cunningham advised Council the impact fee was for Contract "A" and "B". IR 2000-134 Mr. Cunningham informed Council prior to Ms. Kratz INSIDE NRH arrival to the city staff was 100kinQ at options to Qet Pre-Council Minutes October 23, 2000 Page 4 ITEM DISCUSSION ASSIGNMENT CITICABLE general public information on our city cable channel. PRODUCTION Ms. Kratz came up with the idea of broadcasting abbreviated discussions on Citicable. Staff hopes to do this on a continuous basis. Ms. Kratz summarized Inside NRH Citicable Production. Inside NRH is a new program designed for our citizens to air on Citicable Channel 7. Staff is focusing on one area of the city each month to keep our residents current on the programs occurring in the city. Inside NRH is a short, informational program that will span approximately five to fifteen minutes. Ms. Misti McNeese is the host of Inside NRH and has agreed to host the show for the following year. She is a broadcast/radio/communications student at the University of North Texas. The first Inside NRH focuses on the new automation in the Library. The goal of staff is to have a new Inside NRH by the first of each month. The months of November and December staff plans to focus the show around the Christmas activities. In January they will focus on Crime Control and Prevention District. Council suggested the following for program ideas: Youth Advisory Board (college quiz), televising the JK Youth Advisory Committee, and a program on the History of NRH. Ms. Kratz welcomed the ideas for future oroarams. IR 2000-136 Mayor Scoma advised second Council meeting in Patricia Hutson CANCELLATION OF December this year is on Christmas Day. Staff feels DECEMBER 25, they will be able to consolidate everything to be 2000 CITY COUNCIL heard at the December 11 Council Meeting. MEETING Council consensus was to cancel the December 25, 2000 Council Meetinq. ADJOURNMENT Mayor Scoma announced at 6:21 pm that the meeting would adjourn to Executive Session for deliberation regarding real property as authorized by Government Code §551.052 - Land acquisition for parks and consultation with Attorney as authorized by Government Code §551.071 - Ramos & Juarez vs. NRH. The Executive Session adjourned at Pre-Council Minutes October 23, 2000 Page 5 ITEM DISCUSSION ASSIGNMENT 6:53 pm to the regular Council meeting with no action required. ATTEST: \\,~., Ht'" '1111 ,\"~'¡lll ,....' . "J'..: ,:::,'...~ .... .......... {;"'" ~:-"':Ii:.'~' ... ~ '" "n ,'" ~ .," -..-~ f~/ \~. % -. r ,- - .. - :: : 1£:....:: ~'r\ i g ~~.. h..::- ~_v··. ,..::;." ~ ~ ~ ~ '~/ .........~......... .,:~.' //11 __ \\", '1'1 III'· 11I!1"III"'" ~u ~~- Charles Scoma -. ayor (?áÞlLM¿ ~ 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 23,2000 -7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order October 23,2000 at 7:01 p.m. Present: Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Joe D. Tolbert 1. Oscar Trevino, Jr. Absent: Don Phifer Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire ROLL CALL 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 The Valley Voices of Green Valley Elementary led the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS PRESENTATION OF PROCLAMATION FOR RED RIBBON WEEK Mayor Scoma presented a proclamation to Ms. Kim Allen for Red Ribbon Week. City Council Minutes October 23, 2000 Page 2 Ms. Patsy Tucker and Mayor Scoma recognized the following recipients for October Yard of the Month: Tommy Payne, 6425 Devonshire Drive; Garland & Moise Holt, 4705 Blaney; Jan & Toby Daley, 6320 Skylark Circle; Ron & Betty Evans, 7301 Spurgeon; Bobby & Gladys Sharp, 6705 Brittany Park Court; Gary & Margaret Zecca, 8900 Thornberry; Linda Nolte, 6800 Ridgewood Drive; and Tom & Mary Jo Ward, 8625 Saddle Ridge Trail. Ms. Tucker presented Equestrian Pointe Apartments with Landscape of the Month Award. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING OCTOBER 09, 2000 B. MINUTES OF THE COUNCIL MEETING OCTOBER 09,2000 C. PW 2000-031 - APPROVE AGREEMENT WITH DART FOR 30-INCH WASTEWATER OUTFALL CROSSING THE COTTONBEL T LINE AT CALLOWAY BRANCH (MILEPOST 623.836) - RESOLUTION NO. 2000-079 D. PW 2000-032 - APPROVE BIG FOSSIL CREEK WATERSHED INTERLOCAL AGREEMENT WITH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS - RESOLUTION NO. 2000-83 E. PW 2000-033 - APPROVE CHANGE ORDER NO.1 FOR TOURIST DRIVE PAVING AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $45,884.00 F. PAY 2000-006 - AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT - RESOLUTION NO. 2000-081 G. PAY 2000-007 - AUTHORIZE PAYMENT TO MOTOROLA FOR ANNUAL MOBILE DATA TERMINAL SERVICE AGREEMENT - RESOLUTION NO. 2000-082 Councilman Mitchell moved, seconded by Councilman Trevino to approve the consent agenda. City Council Minutes October 23, 2000 Page 3 Motion to approve carried 6-0. 7. PS 2000-20 - CONSIDER FINAL PLAT OF LOT 16, BLOCK 5, HEWITT ESTATES ADDITION AS REQUESTED BY MARIE MELBOURNE (0.603 ACRE TRACT LOCATED AT 7613 BUCK STREET) APPROVED Mr. Bill Melbourne summarized requested. He advised Council there were two issues related to this plat. One issue is fire hydrant coverage; the property is currently not contained in the 500-foot radial distance of a fire hydrant. Mr. Melbourne advised Council he is willing to sign a waiver with the city holding North Richland Hills harmless. The second issue is the sidewalk requirement. He is seeking a waiver of this requirement and willing to sign an agreement to construct sidewalks in the future. 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. The Planning and Zoning Commission recommended approval with the stipulation that a hold harmless agreement for fire service be filed and a covenant agreement for construction of a future sidewalk be received. Councilman Trevino moved for approval of PS 2000-20 for a Final Plat of Lot 16, Block 5, Hewitt Estates Addition with the stipulation that a hold harmless agreement for fire service be filed and a covenant agreement for construction of a future sidewalk be received. Councilwoman Johnson seconded the motion. Motion to approve carried 6-0. 8. PZ 2000-23 - SPECIAL PUBLIC HEARING TO CONSIDER THE APPEAL 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. DENIED Ms. Brenda McDonald, representing applicant summarized request for Council. She advised Council the Planning and Zoning Commission denied request at their October 12, 2000 meeting. The specific motion for QuikTrip included the following stipulations: improved landscaping, limited the height of light poles, limited fuel delivery hours and recommended the rear portion of this property be zoned for Office uses. Ms. McDonald City Council Minutes October 23,2000 Page 4 advised Council applicant was in agreement with most of the stipulations however, QuikTrip would need two driveway entrances off of Davis Boulevard and they could not commit to certain hours for fuel delivery. Mr. Chad Stanford, representing QuickTrip, presented background information on the corporation. 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. Mayor Scoma opened the public hearing and asked for anyone wishing to speak in opposition to come forward. The following spoke in opposition: AI Nicholson, 7821 Emerald Hill Way, Dale Jenkins, 8001 Limerick Lane; and Gary Swirczysnki, 7825 Emerald Hills Way. Mayor Scoma asked for anyone wishing to speak in favor of request to come forward. There being no one else wishing to speak Mayor Scoma closed the public hearing. Councilman Trevino moved to deny PZ 2000-23, Ordinance No. 2524. Mayor Pro Tem Welch seconded the motion. Motion deny 5-1; with Mayor Pro Tem Welch, Councilmen Mitchell, Trevino, Tolbert and Councilwoman Johnson voting for and Councilman Metts voting against. 9. PZ 2000-35 - SPECIAL PUBLIC HEARING TO RECONSIDER THE REQUEST OF JOYCE COLLUP FOR A ZONING CHANGE FROM (LR) LOCAL RETAIL TO (PD) PLANNED DEVELOPMENT FOR A WEDDING CHAPEL ON LOT 1, BLOCK D, RICH LAND OAKS ADDITION, AT 4801 STRUMMER DRIVE (DENIED AT THE 9/11/00 CITY COUNCIL MEETING) - ORDINANCE NO. 2525 APPROVED Ms. Collup submitted a new site plan for a Zoning Change from LR Local Retail to PD Planned Development on her property at 4801 Strummer. She is requesting the base zoning of Local Retail with the additional use of a wedding chapel. This new request eliminates the Apartment Locators Service from this site plan. 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. Ms. Collup is requesting variances to the landscape requirements on the north and west sides of the lot. Her request is for a variance on the 15-foot buffer adjacent to residential property and she is willing to mitigate this with substantial City Council Minutes October 23, 2000 Page 5 landscaping provided in the right-of-way along Bedford Euless Road. Currently there is a 35-foot tall pole with an area of 125 square feet located on the property. Ms. Collup plans to repaint and resurface the sign. Mayor Pro Tem Welch was concerned with the sale of alcohol. Ms. Collup advised Council that she would not sell alcohol, but the wedding party may bring their own alcohol. She further advised Council that no hard liquor would be consumed on the premises. Councilman Tolbert wanted to make sure the only retail sales would be that associated with the wedding chapel. Mayor Scoma opened the public hearing and asked for anyone wishing to speak in opposition to come forward. There being no one wishing to speak Mayor Scoma asked for anyone wishing to speak in favor of item to come forward. Mr. Harvey Greenwald, 5016 Strummer Road, spoke in favor of request. There being no one else wishing to speak Mayor Scoma closed the public hearing. Councilman Tolbert moved to approve PZ 2000-35, Ordinance No. 2525 for a Zoning Change on Lot 1, Block D, Richland Oaks Addition, located at 4801 Strummer Drive, from (LR) Local Retail to (PD) Planned Development. Councilwoman Johnson seconded the motion. Mr. Pitstick advised Council since this request is for a PD he could include a paragraph in the ordinance that addresses retail sales and maintenance of landscape in the right- of-way. This should address the concerns of Council. After further discussion Councilman Tolbert amended his motion to include the stipulation that there be an ongoing obligation to maintain landscaping of the right-of- way by property owner and retail sales be related to wedding related uses. Councilwoman Johnson seconded amendment. Motion to approve carried 6-0. 10. GN 2000-120 - LOCAL LAW ENFORCEMENT BLOCK GRANT PUBLIC HEARING AND APPROVED PLANNED EXPENDITURE APPROVED Mr. Tom Shockley, Police Chief, summarized request. City Council Minutes October 23, 2000 Page 6 Councilwoman Johnson left Council Chambers at 9:00 p.m. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Mitchell moved, seconded by Councilman Trevino to approve GN 2000- 120. Motion to approve carried 5-0. Councilwoman Johnson not present. 11. GN 2000-121 - APPROVING 2000 EQUIPMENT AND INSTALLATION RATES FOR CHARTER COMMUNICATIONS - ORDINANCE NO. 2523 APPROVED Councilwoman Johnson returned to Council Chambers at 9:06 pm. Ms. Paulette Hartman, Assistant to the City Manager, summarized GN 2000-121. Ordinance No. 2523 approves the Consent Order Approving Equipment and Installation Rate Cost Increase. The Consent Order is in accordance with the agreements made between the consortium of cities that entered into this rate review and Charter Communications. Connie Canady, the consultant who conducted the rate review has reviewed this Consent Order and recommends that the city adopt the Consent Order. Staff will be receiving Charter's 2001 rate filings within the next 60 days. Staff will ensure that the 2001 filings adhere to the agreements made per the 2000 rate negotiations as stated, and will bring an ordinance before Council regarding the 2001 rates after the rates take affect per the Federal requirements. Councilman Mitchell moved, seconded by Mayor Pro Tem Welch to approve GN 2000- 121, Ordinance No. 2523. Motion to approve carried 6-0. 12. A. CITIZENS PRESENTATION None. B.INFORMATION AND REPORTS City Council Minutes October 23, 2000 Page 7 City Council and the Planning and Zoning Commission will hold a joint work session on Monday, November 6,2000 to discuss updating the Comprehensive Land Use Plan. Citizen Involvement Program - is a program designed to educate residents about local government. Four sessions will be held beginning November 9th and ending on December 5th. For more information please call 427-6015. The Texas Department of Transportation will be closing the connector for east Loop 820 to Airport Freeway at the Grapevine Highway east bound exit on Saturday, October 28th. This closure will approximately last until 12:00 noon on Sunday, October 29th. 16. ADJOURNMENT Mayor Scoma adjourn.~d.1~,meeting at 9:14 pm. "\~. IIIl ,\' :I,;: ,,"":.t'" ........... {;:I-;' ~ l.,~,. .. ~ ~f§I.···n .... 1;- ~ ·t ~. . ~ ~ I \ ~ §~f r' y....~ ATTEST' ~r\ h }~§ / . ~~... ...'t:~- ~_V ''', ... ~ gæóukd ~"""~' Patricia Hutson - City Secretary