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Home My WebLink AboutCC 2000-11-13 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 - NOVEMBER 13, 2000 - 6:10 P.M. Charles Scoma 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 Rex McEntire Greg Dickens John Pitstick Jenny Kratz Paulette Hartman Jim Browne Bill Thornton Mike Curtis Ross Canton Terry Kinzie Thomas Powell Larry Koonce Donna Enos Mike Duncan Mayor Councilman Councilman Councilwoman Councilman 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 Assistant Director, Public Works Administrative Assistant Information Services Director Support Services Director Finance Director Purchasing Agent Assistant Fire Chief Lyle E. Welch Mayor Pro T em ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the Pre-Council meeting to order at 6: 1 0 pm DISCUSS ITEMS Councilman Trevino pointed out an error in the FROM REGULAR October 23, 2000 City Council minutes. The NOVEMBER 13, recipient of the Red Ribbon Proclamation was 2000 CITY COUNCIL presented to Ms. Brenda Allen. Councilman Trevino MEETING raised questions reqardinq the Iron Horse Golf Pre-Council Minutes November 13, 2000 Page 2 ITEM DISCUSSION ASSIGNMENT Course agreement. He asked staff to explain the payments of excess cash. Mr. Cunningham advised Councilman Trevino the $35,000 is EAGL's working NAN capital. Councilman Trevino clarified the contingent management fee. Councilwoman Johnson would like to see staff send JK/JP citizens notice of the revision to the high grass and weeds ordinance. Mr. Cunningham advised Council staff would include the new revision in the City's newsletter. Mayor Scoma had a couple of concerns with the EAGL contract. Item 9c, on page 9 - closing. If contract is terminated he would like to see the city still operate and the assets be transferred as soon as possible. He suggested staff replace "reasonable time" with a maximum of 30 days. Mr. Cunningham advised Council staff could put the 30 days in the contract and/or otherwise agreed by upon management. Mayor Scoma also suggested Westbrook, EAGL's partner, be identified on the Indemnification in the contract. Council discussed EAGL's partner being identified under the Indemnification. It was Council's consensus to have the City Attorney determine what is in the best interest of the city. Mr. McEntire advised Council he wrote verbiage for the Public Nuisance Ordinance to address people REX I JP distributing literature in neighborhoods. "In addition to the person distributing the printed material the owner of the material and any persons who aids or abets in the distribution shall be deemed guilty of a violation of this ordinance." Mayor Scoma discussed Item No. 11 - Appointments to the Health Facilities Development Corporation. NAN He advised Council Mr. Clint Blackman and Mr. David Myers did not wish to be re-appointed to the board of directors. Mayor Scoma recommended Ms. Rita Oujesky and Dr. David Brewer to the board of directors. Pre-Council Minutes November 13, 2000 Page 3 ITEM DISCUSSION ASSIGNMENT Mr. Greg Vick advised Council of possible dates to IR 2000-144 meet with State Legislators. The following are SELECT MEETING possible dates: Wednesday, November 29, TIMES FOR Thursday, November 30 - breakfast or lunch option PRESENTATION OF only, as the Boards and Commission Dinner is PROGRAM TO scheduled in the evening, Tuesday, December 12 or STATE December 14. LEGISLATORS AND DISCUSS Mr. Cunningham advised Council staff intended to LEGISLATIVE invite Bill Carter, Todd Smith, Vicki Truitt and Chris PRIORITIES Harris. Council suggested Mike Moncrief, Jane Nelson, the three senators and representatives. The Council advised staff to move forward with Tuesday, December 12 and Thursday, December 14 as possible meeting dates. Mr. Vick advised Council that the meeting dates GV would revolve around the State Legislators schedules. IR 2000-143 Mayor Scoma asked Councilman Trevino if he would NAN BIG FOSSIL CREEK serve as the city's representative and Councilman WATERSHED Tolbert as the alternate. POLICY COMMITTEE; COUNCIL APPOINTMENTS VIDEO OF PARK & Due to the time constraints, Mayor Scoma GV RECREATION suggested that Council view the video of the Park & SYSTEM - Recreation System at the November 27 City Council NATIONAL GOLD Meeting. MEDAL AWARD COMPETITION ADJOURNMENT Mayor Scoma announced at 6:50 pm that the meeting was adjourned. "III' ., ......" Q\("HÄA~_ ~~~.~;:;.:::.'!.!l}"'// §~"''''''n .....~/\. ATTEST.' ~ð[ r ..~~ :;.,...\ ¡....= ~~... h ~. ; ~.v' f - ~ ,.... .... § ~ ~.. ...... .... ~ '.I" e.. .......... ~ ~ ~. , /}.rA,· ...(,.. "" ,,' U<.IuU,d ~"''''''''''."..". Patricia Hutson . - City Secretary ~ Charles Sco ma- Pre-Cou . Novembnc11 Minutes er 13 2 Page 4 ,000 ';!~ MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 13, 2000 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order November 13, 2000 at 7:01 p.m. Present: Charles Scoma Russell Mitchell Frank Metts, Jr. JoAnn Johnson Don Phifer Joe D. Tolbert T. Oscar Trevino, Jr. Absent: Lyle E. Welch Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire ROLL CALL Mayor Councilman Councilman Councilman Councilman Councilman Councilman Mayor Pro Tem City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney 2. INVOCATION Ms. Tammy Lumpkins Leader of Brownie Troop 1160 gave the invocation. 3. PLEDGE OF ALLEGIANCE Brownie Troop 1160 presented colors of the flag and led in the pledge of allegiance. 4. SPECIAL PRESENTATIONS None. City Council Minutes November 13, 2000 Page 2 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT WORK SESSION AUGUST 21, 2000 B. MINUTES OF THE PRE-COUNCIL MEETING OCTOBER 23, 2000 C. MINUTES OF THE COUNCIL MEETING OCTOBER 23, 2000 D. APPROVE 2000/2001 CITY STREET OVERLAY PROGRAM E. CONSIDER REVISION OF HIGH GRASS AND WEEDS ORDINANCE TO REFLECT CHANGES IN STATE STATUTE REGARDING NOTIFICATION AND ABATEMENT OF HIGH GRASS AND WEEDS - ORDINANCE NO. 2528 F. CONSIDER REVISION OF BUILDING PERMIT FEES TO REFLECT CHANGES IN CORRECTED BUILDING CODE TABLES - ORDINANCE NO. 2529 G. REFURBISHING OF FOUR 1996 TAHOES BY SHAHEEN CHEVROLET NOT EXCEEDING THE AMOUNT OF $56,000 H. AUTHORIZATION TO EXTEND ANNUAL CONTRACT WITH HJG TRUCKING FOR TOP SOIL, SAND AND FLEX BASE I. AWARD OF BID FOR NRH20 POOL REFINISHING TO CLASSIC TILE AND PLASTER IN THE AMOUNT OF $205,549 - RESOLUTION NO. 2000-084 Councilman Trevino moved to approve the consent agenda with the amendment to change Ms. Kim Allen to Ms. Brenda Allen in Special Presentations of the October 23, 2000 City Council Minutes. Councilman Mitchell seconded the motion. Motion to approve carried 6-0. City Council Minutes November 13, 2000 Page 3 7. PZ 2000-40 - PUBLIC HEARING TO CONSIDER THE REQUEST OF WCJ RUFE SNOW 94, LTD. REPRESENTED BY S.C. EQUITIES, FOR A SPECIAL USE PERMIT TO ALLOW A CONVENIENCE STORE (KIOSK) WITH GAS SALES WITHIN 200 FEET OF RESIDENTIAL PROPERTY AND EXTERIOR MATERIALS OTHER THAN MASONRY. THIS PROPERTY IS LOCATED AT 7150 RUFE SNOW DRIVE _ ORDINANCE NO. 2527 APPROVED Mr. Ron Yeary, SC Equities (Tom Thumb) and John Patterson of Moore and Associates were available to answer questions from Council. Mr. John Pitstick, Director of Development advised Council the site plan and landscape plans have been reviewed and meet the city zoning, landscaping, and sign regulations. The applicant has requested a specific variance from the 100% masonry requirement. The applicant is proposing stucco finish for the top 4 feet of the building. The final plat for this property has been submitted and is in review. One issue with the future plat is the drive approaches. The proposed shared drive entry on the north is acceptable; there is a question about additional future access for the property to the north. 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 reiterated Council's desire to require 100% masonry for new development. Councilman Trevino agrees with Councilman Mitchell that the City needs to do what they can to maintain the appearance, especially on Rufe Snow. He believes that Council needs to stand behind the masonry requirements. Councilman Phifer moved, seconded by Councilman Metts to approve PZ 2000-040, Ordinance No. 2527. Councilman Mitchell asked Councilman Phifer to amend his motion to limit the number of gas pumps from 14 to 8. Councilman Phifer denied the amendment. Motion to approve carried 4-3; with Councilmen Metts, Phifer, and Tolbert voting for approval, Councilmen Mitchell, Trevino and Councilwoman Johnson voting against approval. Mayor Scoma broke the tie voting for approval of PZ 2000-40, Ordinance No. 2527. City Council Minutes November 13, 2000 Page 4 8. GN 2000-125 - APPROVE "NO PARKING ANYTIME" ZONE ON THE NORTH AND SOUTH SIDE OF ICE HOUSE DRIVE - ORDINANCE NO. 2518 APPROVED Mr. Greg Dickens, Public Works Director, informed Council the Fire Department and Public Works Department are recommending a "No Parking Anytime Zone" be established along a portion of Ice House Drive. The south side zone will be established from the dead end of Ice House Drive for 125 feet and the north side will start at the northeast curb return on Ice House Drive that intersects the designated fire lane and continue east for 50 feet. Vehicles that park along this section of Ice House Drive block enough of the roadway to cause the Fire Department problems in maneuvering their equipment around the Blue Line Ice Complex. Staff has informed representatives of Blue Line Ice of the city's plan to install "No Parking Signs". They do not have any objections to the "No Parking Zone". Councilman Metts moved, seconded by Councilwoman Johnson to approve GN 2000- 125, Ordinance No. 2518. Motion to approve carried 6-0. 9. GN 2000-126 - APPROVE "NO PARKING ANYTIME" ZONE FOR THE 3800-4000 BLOCK OF DAWN DRIVE - ORDINANCE NO. 2526 APPROVED Mr. Greg Dickens advised Council the Public Works Department is requesting the west side of Dawn Drive from Onyx Drive north to Glenview Drive be designated as "No Parking Anytime" zone. The Public Works and Police Department have received numerous complaints concerning the parking of vehicles on Dawn Drive. In the evening hours and on the weekends, people park on both sides of Dawn Drive while utilizing Linda Spurlock Park which creates one lane open for both north and south bound traffic. This creates traffic congestion and sight visibility problems for motorists traveling on this street. Council discussed parking options for citizens visiting Linda Spurlock Park. Mayor Scoma called on Assistant Fire Chief Mike Duncan to address the safety issue for the fire equipment apparatus traveling on Dawn Drive. Mr. Duncan advised Council that the Fire Department would encounter difficulties backing in and out of Dawn Drive. City Council Minutes November 13, 2000 Page 5 Councilwoman Johnson moved to approve GN 2000-126, Ordinance No. 2526 with the provision that staff bring Council a parking plan for Linda Spurlock Park within 45 days. Councilman Mitchell seconded the motion. Motion to approve carried 6-0. 10. GN 2000-127 - APPROVE LEASE AGREEMENT WITH METRICOM FOR BURSEY ROAD WATER TOWER - RESOLUTION NO. 2000-088 TABLED Councilman Trevino moved, seconded by Councilman Tolbert to table GN 2000-127, Resolution No. 2000-088. Motion to approve carried 6-0. 11. GN 2000-128 -APPOINTMENTS TO THE HEALTH FACILITIES DEVELOPMENT CORPORATION APPROVED Mayor Scoma advised Council the appointments to the Health Facilities Development Corporation expired November 01,2000. Mr. Clint Blackman and Mr. David Myers advised staff they do not wish to be re-appointed to the board of directors. Mayor Scoma suggest to Council they appoint Ms. Rita Oujesky and Dr. David Brewer to the board of directors. Councilman Trevino moved to appoint Charles Brinkley, Robert Harrison, Don Ferguson, Bob Hamm, Rita Oujesky, Richard Work and Dr. David Brewer to the Board of Directors of the Health Facilities Development Corporation, terms expiring 11/1/2006. Councilman Metts seconded the motion. Motion to approve carried 6-0. 12. GN 2000-129 -APPROVING 2001 LEGISLATIVE PROGRAM AND SETTING DATE FOR PRESENTATION TO STATE LEGISLATORS APPROVED Mr. Greg Vick, Managing Director of Community Services, summarized GN 2000-129. He advised Council the proposed Legislative Program for the 2001 session of the State Legislature has been modified from previous discussions with Council. Staff has put City Council Minutes November 13, 2000 Page 6 each of the issues into one specific category based on the four guiding principles: Erosion of Local Control, Predictable and Sufficient Level of Revenue, State Mandates, and Quality of Life. Councilwoman Johnson moved, seconded by Councilman Mitchell to approve GN 2000-129. Motion to approve carried 6-0. 13. GN 2000-130 - IRON HORSE GOLF COURSE MANAGEMENT AGREEMENT RENEWAL - RESOLUTION NO. 2000-089 APPROVED Mr. Randy Shiflet, Deputy City Manager, advised Council renewal discussions were based on the following: (1) a minimum five year agreement with a five year renewal option, (2) continuation of a fixed management fee with the addition of a bonus/penalty system based on performance measures developed by the city, and (3) required development of written policies and procedures which will be approved by the city. The term of the proposed agreement is five years beginning December 1, 2000 with an option to be extended an additional five years by mutual consent of the city and EAGL. The city may terminate the agreement at the end of the third contract year without cause. Additionally, the city will have the option of terminating the agreement in the event of any of the following: (1) a breech of EAGL's fiduciary obligation as described in the agreement, (2) EAGL bankruptcy, (3) a discontinuance by EAGL of its business or abandonment of its activities at Iron Horse, (4) a failure of EAGL to perform its duties under the agreement, (5) assignment by EAGL of the agreement within the first two years of the term, or (6) the loss of, transfer of, or disposal of control of EAGL by its parent corporation. Upon termination, EAGL is required to transfer all assets to the city and the city will assume all obligations and contingent liabilities in relation to Iron Horse. Mr. Shiflet recognized Council's concern with item 9c on page 9 of the contract. He spoke with representatives of EAGL and they are comfortable with specifying 30 days as a reasonable time period. EAGL representatives would prefer not to have a change on item 10 (indemnity), page 10 without consulting with their staff attorney. Mayor Scoma reiterated his previous concern mentioned in the Pre-Council meeting. He would like to include the principal as part of the indemnification protection. He will asked the City Attorney for his recommendation. Mr. Rex McEntire, City Attorney advised Council he is satisfied with the proposed contract. Councilman Trevino moved to approve GN 2000-130, Resolution No. 2000-089 the renewal contract with the 30 day time limit on page 9, item 9c under termination City Council Minutes November 13, 2000 Page 7 p.roceedings and the signatory of the agreement by Evergreen as shown in the sIgnature block. Councilman Phifer seconded the amendment. Motion to approve carried 6-0. Mr. Shiflet introduced Gordon Wagoneer, Managing Director and Dean Kruger, Golf Pro to Council. 14. GN 2000-132 - CONSIDER REVISION OF PUBLIC NUISANCES ORDINANCE BY PROVIDING UPDATED DEFINITIONS, SPECIFIC PUBLIC NUISANCES AND NOTICE OF VIOLATIONS AND ABATEMENT PROCEDURE- ORDINANCE NO. 2522 APPROVED Mr. John Pitstick advised Council staff and Council have discussed the modification of the Public Nuisance Ordinance. As a direction of Council, staff has prepared a revised Public Nuisance Ordinance. The following are the proposed changes: 1. Adding to the text that no more than two vehicles could be offered for sale on residential property over one calendar year. 2. Adding to the text that distribution of advertisements on private property could not occur between sunset and sunrise. The exception being delivery of newspapers or solicited periodicals. 3. Adding a new public nuisance requiring property owners to remove graffiti from buildings and structures with a definition for graffiti. 4. Changing the Notice of Violation section to reflect recent state statutes requiring 7 days notice rather than the previous 10-day notice. There is an addition to change 2 addressing enforcement. Mr. McEntire will address change. The Police, Code Enforcement or Health Officers can enforce public nuisances. Each violation is subject to a fine up to $200 per day. Mr. McEntire advised Council he added a paragraph in Section 3 Specific Nuisances, item Q on page 6 dealing with the scattering or distributing of advertisements. The following is to be included: In addition to the person distributing the printed material, the owner of the material and any person(s) who aids or abets in the distribution shall be deemed guilty of a violation of this ordinance. City Council Minutes November 13, 2000 Page 8 Councilman Tolbert moved to approve GN 2000-132, Ordinance No. 2522 with Mr. McEntire's suggested language and the stipulation staff provide Council within 90 day plans on the graffiti removal for the handicap, elderly, and residents who are continually hit with graffiti within 90 days. Councilwoman Johnson seconded the motion. Motion to approve carried 6-0. 15. PW 2000-035 - APPROVE INTERLOCAL AGREEMENT WITH CITY OF HURST CONCERNING SANITARY SEWER CROSS FLOWS IN THE WOODCREST ADDITION - RESOLUTION NO. 2000-085 APPROVED Mr. Greg Dickens advised Council staff recently became aware that wastewater flow from 28 homes on Woodway Drive and Wreyhill Drive in the Hurst city limits were draining into the North Richland Hills' sewer system. In an effort to begin recovering cost for this sewer flow, we contacted the Hurst staff and drafted an agreement, which includes the following points. 1. The agreement lists the 28 homes by service address, account name, and account number with reference to the Hurst utility billing system. 2. Hurst will pay North Richland Hills 90% of the sewer service charges it collects from these 28 customers on a monthly basis. Hurst will retain 10% to cover their maintenance of these lines. 3. The first payment from Hurst will cover 90% of the sewer service charges it collected for the past fiscal year, October 1, 1999 through September 30, 2000. The first monthly payment will be for October 2000. 4. The agreement can be renegotiated by either party upon sixty (60) days notice. Councilwoman Johnson moved, seconded by Councilman Metts to approve PW 2000- 035, Resolution No. 2000-085. Motion to approve carried 6-0. 16. A) CITIZENS PRESENTATION Mayor Scoma advised Council he received four requests to address the Council. Ms. Shelly Hattan, 6109 Estill Drive, Watauga, TX; Mr. John Hattan, 6109 Estill, Watauga, City Council Minutes November 13, 2000 Page 9 TX; David Penn, 425 S. Oak Street, Arlington, TX; and Mr. Randall Gorman, 7817 Hidden Oaks, North Richland Hills, TX. The citizens requesting to speak left the meeting prior to Citizens Presentation. B) INFORMATION AND REPORTS Mayor Scoma announced City Hall would be closed for the Thanksgiving Holiday on November 23-24, 2000. Trash service will not be provided on Thursday, November 23. Trash service will resume with regular schedule on Friday, November 24, 2000. Children's Book Week begins in the Library from November 13-19, 2000. The next citizen involvement program will be held on Tuesday, November 14, at City Hall beginning at 5:30 pm. 17. ADJOURNMENT ATTEST: Mayor Scoma adjourrl~.(:tt~!31 meeting at 8: 11 pm. .::.:;~~,~;~~......:,::~II'II""%. r?LU. ,~ .' n " 1;- 3'~.. .... ~ ft.L/ \. ~ - :0; r :~: ~.,...~. ¡~; ~~" h :r_:' ~.v '\ . ... ~ .:. ~ of. ....... ...~~ ~ ......¡;......... ,,~ ",1. \\' ", \\' 11111f"" tllI\\\\ Charles Scoma &~à Patricia Hutson - City Secretary