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HomeMy WebLinkAboutCC 1989-07-24 Minutes Present: TEM REQUEST BY LAIDLAW WASTE SYSTEM, INC FOR RATE INCREASE LETTER FROM MR. ROBERT MARKS REGARDING WATER LINE REPLACEMENT CRITERIA FOR THE NAMING OF STREETS AND PUBLIC 'ACILITI ES NOTES ON PRE-COUNCIL MEETING July 24, 1989 Tommy Brown Richard Davis Mack Garvin Frank Metts, Jr. Byron Sibbet Lyle E. Welch Charles Scoma Linda Spurlock Dennis Horvath C.A. Sanford Jeanette Rewis Rex McEntire Lee Maness Pam Burney Greg Dickens Bob Mi 11 er George Tucker Richard Albin Mayor Mayor Pro Tern Councilman Councilman Councilman Counc il man Councilman Councilwoman Deputy City Manager Assistant City Manager City Secretary Attorney for the City Finance Director Environmental Services Director Public Works Director Economic Development Director Management Services Director City Engineer Absent: Rodger Line City Manager DISCUSSION ASSIGNMENT An in-house review of the request will be made by Staff. Councilman Garvin was appointed as Council liaison for the review. Dennis Please follow up with Mack, Greg, & Bob. Mr. Dickens advised an investigation had been Dennis TAA conducted on the number of repairs made in the area. Gayle Street had the most repairs. Staff recommended that the water line replacement be done by City crews and equipment. Councilwoman Spurlock questioned the reason City Council direction is requested. for requiring that a person had to be deceased one year before a street or building could 'TEM RECONSIDERATION OF ORDINANCE NO. 1615 REZONING TRACTS 2A & 2A3, S. RICHARDSON SURVEY, ABSTRACT 1266 AND TRACTS lA & lAl, A. HOOD SURVEY, ABSTRACT 683, 'ROM THEIR PRESENT ~LASSI FICATIONS OF R-l SINGLE FAMILY, C-2 COMMERCIAL AND AG AGRICULTURE TO R-2 SINGLE FAMILY Pre-Council Minutes 7/24/89 Page 2 DISCUSS ION be named for them. Councilman Sibbet stated the committee felt it would take the emotionalism out of it. Mr. McEntire advised these were suggested guidelines only. Councilman Scoma questioned Section liD II of the criteria. Councilman Sibbet advised there was only one chance to use the name. Mayor Pro Tern Davis asked if the guidelines would be added to the Council Rules of Procedure or a separate ordinance. Councilman Sibbet advised he felt it should be part of the Rules of Procedure. It was the consensus of the Council to adopt the guidelines as part of the Rules of Procedure. Mayor Pro Tern Davis advised that III needed to be added to the guidelines: "Any exception to the guidelines shall be approved by three- fourths vote of the Council. II Mayor Pro Tern Davis advised that Councilman Garvin had made the original motion with the stipulation that two 150' x 150' open spaces be dedicated. It would be easier to maintain one space and the recommendation was to amend the ordinance to state one 45,000 square foot open space. Mr. Barfield was in agreement with the change. ACTION TAKEN C.A. TAA 'TEM ANIMAL CONTROL SHELTER ADVISORY COMMITTEE - ORDINANCE NO. 1516 ANIMAL CONTROL ORDINANCE - ORDINANCE NO. 1609 Pre-Council Minutes 7/24/89 Page 3 DISCUSS ION ACTION TAKEN Mr. McEntire advised that the Council Dennis TAA was required to appoint an Advisory Shelter Committee. The following names had been submitted and all had agreed to serve: Joe Metcalf, Veterinarian; Lyle Welch, Councilman; Donna Patterson, Animal Control Employee; and Lynn Buffington, Humane Society Representative. Councilman Scoma stated he felt the ordinance Dennis Please follow up. needed more work before it could be approved. Mayor Pro Tern Davis suggested that the Ad Hoc Committee or the Animal Shelter Advisory Committee should review the ordinance. Ms. Burney advised that the ordinance had been written and reviewed by the Ad Hoc Committee and public hearings were held prior to its adoption. Mayor Pro Tern Davis stated that he felt the Council should approve the ordinance as written and any changes that Councilman Scoma requested should be reviewed by the Animal Shelter Advisory Committee. Mayor Brown appointed Mayor Pro Tern Davis, Councilmen Garvin and Scoma to work with the Ad Hoc Advisory Committee and the Animal Shelter Advisory Committee and if these committees 'TEM CHILD CARE ORDINANCE - ORDINANCE NO. 1617 AMENDMENT TO ORDINANCE NO. 1539, ESTABLISH- ING TEEN COURT ORDINANCE ADVISORY BOARD - ORDINANCE NO. 1614 Pre-Council Minutes 7/24/89 Page 4 DISCUSSION felt that changes were necessary they would be submitted to the Council in late August. Councilman Scoma stated that several items had not been included in the proposed ordinance and some of the wording needed to be changed. Councilman Scoma stated he would like for the Council to table the ordinance and when the changes were made, a meeting be held with the Day Care Operators for review and submitted back to the Council. Councilman Scoma asked about the rules and procedures for Teen Court. He asked that a copy be sent to the Council. Judge Thorn advised the rules were made by the Council appointed Teen Court Advisory Committee. Councilman Sibbet stated that the wording in Section 3 needed to be changed from "shall" to "may" and Secti on 3, 1 ast sentence, after the word II i f", change II it II to II the Counc il Memberll. PUBLIC HEARING Mayor Pro Tern Davis stated that the Steering IN CONSIDERATION F ADOPTION OF Committee recommended that the impact fees not IMPACT FEES FOR DRAINAGE FACILITIES be adopted at this time. Councilman Scoma ACTION TAKEN Dennis Please handle. Dennis TAA Dennis Fo 11 ow up. TEM FOSSIL CREEK LIGHTING SYSTEM ITEMS ON CONSENT AGENDA NOT ON PRE-COUNCIL WORK SESSION OTHER ITEMS Pre-Council Minutes 7/24/89 Page 5 DISCUSS ION discussed the meeting with developers that was held on July 11th. Mayor Pro Tern Davis and Councilman Scoma stated that new legislation had also been passed that would have an effect on the impact fees. Mayor Brown appointed Mayor Pro Tern Davis, Councilmen Scoma and Garvin to the committee to study the alternatives pertaining to passage of impact fees. Jim Browne, Director of Parks and Recreation, and Karen Allen, Commissioner of the Girls Softball League, briefed the Council on the unsafe light poles and fixtures at Fossil Creek Park. Staff had already taken action to disconnect all power to the fields. The Staff was directed to remove as many unsafe poles as possible. This item will be discussed at the budget work session which will be held in August. No discussion. None. No discussion. ACTION TAKEN Dennis & C.A. Note 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 - JULY 24, 1989 - 7:30 P.M. l. CALL TO ORDER Mayor Brown called the meeting to order July 24, 1989, at 7:30 p.m. Present: Tommy Brown Richard Davis Lyle E. Welch Charles Scoma Byron Sibbet Linda Spurlock S ta ff: Dennis Horvath C.A. Sanford Jeanette Rewis Rex McEntire Greg Dickens Absent: Mack Garvin Frank Metts, Jr. Rodger N. Line 2. ROLL CALL Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Deputy City Manager Assistant City Manager Ci ty Secretary Attorney City Engineer Councilman Councilman City Manager 3. INVOCATION Councilman Scoma gave the invocation. 4. MINUTES OF THE REGULAR MEETING JULY 10, 1989 APPROVED Councilman Sibbet moved, seconded by Councilman Welch, to approve the minutes of the July 10, 1989 meeting. Motion carried 5-0. 5. PRESENTATIONS BY BOARDS & COMMISSIONS None 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA July 24, 1989 Page 2 Councilman Scoma removed Items No. 13, 14 and 18 from the Consent Agenda. 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (16 & 17) APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Scoma, to approve the Consent Agenda. Motion carried 5-0. 8. SPECIAL PRESENTATION OF "YARD OF THE MONTH AWARD" Ms. Pat Fisher, Beautification Committee, assisted Mayor Brown in presenting the following "Yard of the Month Awards" for the month of July: Mark and Phyllis Young, 6501 Meadow Lakes Court; Phillip and Anna Peters, 7700 Terry Drive; Chuck and Laura Chenault, 6829 Parkwood; Ron and Paulette Steele, 8954 Hialeah Circle Court; Gene and Susan Thomas, 5713 Acapulco Drive; Mary and Lester Naeve, 7201 Riviera; Bill and Bobbie Simon, 5201 Colorado Boulevard; and Darrell and Barbara Beavers, 7145 Winchester Road. 9. SPECIAL PRESENTATION BY NORTH RICHLAND HILLS BAPTIST CHURCH - MR. PAUL PASCHAL Reverend Paul Paschal briefed the Council on a trip that was taken by the North Richland Hills Baptist Church to Merida, Yucatan Mexico and presented the City Council with a gift from Mayor Jose Adonay Cetina Sierra. 10. PZ 89-9 RECONSIDERATION OF ORDINANCE NO. 1615 REZONING TRACTS 2A & 2A3, S. RICHARDSON SURVEY, ABSTRACT 1266 AND TRACTS 1A & 1A1, A. HOOD SURVEY, ABSTRACT 683, FROM THEIR PRESENT CLASSIFICATIONS OF R-1 SINGLE FAMILY, C-2 COMMERCIAL AND AG AGRICULTURE TO R-2 SINGLE FAMILY (B.H. & L. JOINT VENTURE) Mayor Pro Tern Davis moved, seconded by Councilman Scoma, to reconsider PZ 89-9, Ordinance No. 1615. Motion carried 5-0. Mayor Pro Tern Davis moved, seconded by Councilman Scoma, to approve PZ 89-9, Ordinance No. 1615 with the stipulation that the two 150' x 150' open spaces be changed to one 45,000 square foot open space. Motion carried 5-0. July 24, 1989 Page 3 II. GN 89-60 ANIMAL CONTROL ORDINANCE - ORDINANCE NO. 1609 APPROVED Councilman Scoma stated the committee had reviewed the ordinance and suggested the following changes: Article 2, Section 1, subparagraph (h) (3) & subparagraph (L) remove the reference to menacing fashion dealing with the nature of vicious animals. Councilman Scoma moved, seconded by Mayor Pro Tern Davis, to approve Ordinance No. 1609, as amended with the understanding that the ordinance be reviewed in more detail and be resubmitted to the Council. Motion carried 5-0. 12. GN 89-76 PUBLIC HEARING IN CONSIDERATION OF ADOPTION OF IMPACT FEES FOR DRAINAGE FACILITIES (RECESSED AT THE JUNE 12, 1989 CITY COUNCIL MEETING) Mayor Brown reconvened the same Public Hearing that was recessed at the June 12th, 1989 Council Meeting. Mr. Nelson Stoppiello, 7400 Jade Circle, appeared before the Council. Mr. Stoppiello stated he supported the impact fees because it would move the City toward planning for and carrying out the improvements that were needed to protect the City from flooding. Mr. Stoppiello stated he realized there were other alternatives, but the impact fees would get the City in the direction it needed to go. Mr. Stoppiello stated he felt the issue of flood control, drainage and storm control on the lower portion of Calloway Branch was a matter of public safety. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. Mayor Pro Tern Davis moved, seconded by Councilman Scoma, to reject the adoption of the Drainage Impact Fees as recommended by the Impact Committee. Mayor Pro Tern Davis stated that in light of the numerous workshops, studies and recommendations of the Impact Fee Advisory Committee he felt the Council should wait to adopt the fees. Councilwoman Spurlock stated the original plan was to adopt a phase in fee over a two or three year period and if it was not beneficial, then not adopt it. July 24, 1989 Page 4 Mayor Brown stated the Impact Fee Advisory Committee would check the changes in the law and other alternatives and present it back to the Council . Mayor Pro Tern Davis stated one thing that made him change his mind was the alternative methods of financing, not just the impact fees. Councilman Welch stated he and Councilman Sibbet visited several places that flooded during the last storm, and they felt a lot of the water back-up was caused by people. Councilman Welch stated he knew the impact fees would hopefully solve some of the problems and it was needed now. Councilwoman Spurlock stated she would encourage the Council not to delay the implementation of the impact fees. Councilman Scoma stated that the recently passed legislation had a lot of restrictions pertaining to impact fees. Councilman Scoma stated that if the impact fees were approved at this time the City would be in violation of some of the new standards. Councilman Scoma stated the Committee would obtain the new Bills and put them into the existing plans. Councilman Scoma stated the Committee would expedite the plan as quickly as possible. Councilman Sibbet stated he felt all areas needed to be explored on where funds could be obtained to do the projects. Councilman Sibbet stated that he did not feel the impact fee alone would solve the existing problems. Councilman Sibbet stated more time was needed to review the new legislation to come up with a workable program. Councilwoman Spurlock asked which would be implemented more quickly - an impact fee with staggered payments not to start within three years or a program such as Councilman Scoma was proposing? Councilman Scoma stated he thought that after a period of time the Committee should know the contents of Senate Bill 1786 and the recommendation made to the Council could be implemented immediately. Councilman Scoma stated he felt the Committee could come up with a recommendation to the Council by the end of the year. Motion carried 4-1; Mayor Pro Tern Davis, Councilmen Scoma, Welch and Sibbet for, and Councilwoman Spurlock against. 13. GN 89-87 AMENDMENT TO ORDINANCE NO. 1539, ESTABLISHING TEEN COURT ORDINANCE ADVISORY BOARD - ORDINANCE NO. 1614 (POSTPONED AT THE JULY 10TH, 1989 CITY COUNCIL MEETING) APPROVED Councilman Sibbet moved, seconded by Mayor Pro Tern Davis, to approve Ordinance No. 1614 with the following amendments: Paragraph 3, second sentence, lithe appointments to said board" strike "shall" and insert "may be made from the recommendations by the Municipal Judge by the Council Member who holds the corresponding Council Place or on the Council July 24, 1989 Page 5 Member's own motion" strike "it" and insert "if the Council Member rejects one or more of the Judge's recommendations". Motion carried 5-0. 14. GN 89-92 CHILD CARE ORDINANCE - ORDINANCE NO. 1617 TABLED Councilman Scoma moved, seconded by Mayor Pro Tern Davis, to table Ordinance No. 1617 until the August 28th meeting in order to give the public time or opportunity to provide any input they might have after reviewing the revised ordinance. Motion carried 5-0. 15. GN 89-93 APPOINTMENT TO LIBRARY BOARD APPROVED Councilman Sibbet moved, seconded by Councilman Welch, to appoint Robert A. Hardy to the Library Board. Motion carried 5-0. *16. GN 89-94 ANIMAL CONTROL SHELTER ADVISORY COMMITTEE - ORDINANCE NO. 1616 APPROVED *17. PAY 89-04 APPROVE FINAL PAY ESTIMATE #4 IN THE AMOUNT OF $10,606.98 TO J.L. BERTRAM CONSTRUCTION, INC. - EMERALD HILLS WAY AND EMERALD COURT PAVING AND DRAINAGE IMPROVEMENTS APPROVED 18. PAY 89-05 APPROVE FINAL PAY ESTIMATE #13 IN THE AMOUNT OF $56,578.58 TO AUSTIN PAVING - STARNES ROAD STREET AND DRAINAGE IMPROVEMENTS APPROVED Councilman Scoma stated that in reviewing this request he noted that there was a 61 day over-run on the project. Councilman Scoma stated the engineering firm and City Staff had recommended waiving the penalty. Councilman Scoma moved not to consider waiving the 61 day penalty because the City had the right to collect over-run fees. Councilman Scoma moved to have the City Staff enter into negotiations with the contractor, Austin Road, to work out a conclusion on this contract that would have beneficial effects on the Watauga Road Contract; to utilize the 61 day penalty July 24, 1989 Page 6 provlslon as an effort to stimulate acceleration of construction of Watauga Road. Mayor Brown asked the Attorney if this could be done. Mr. McEntire stated that everyone thought that a penalty clause could be enforced, but nine times out of ten it could not be enforced. Councilwoman Spurlock stated that in all fairness each contract had to be studied on its own merit. Councilwoman Spurlock stated that the Staff had said it was delayed due to weather. Councilwoman Spurlock stated the Staff's opinion and the contract should be honored, and then deal with Watauga Road. Councilman Sibbet stated he was concerned with the excuse of it being the weather. Councilman Sibbet stated the section between College and Smithfield had not been completed yet, but they were able under good weather conditions to complete Smithfield Road to Davis Boulevard which was not tied in yet Councilwoman Spurlock called a point-of-order. Councilwoman Spurlock stated this pertained to Starnes and not Watauga Road. Mayor Brown stated Watauga Road had been mentioned. Mayor Pro Tern Davis moved to uphold the rule on point of order. Councilman Scoma seconded the motion. Councilman Scoma stated his intent in making the original motion was that it be used on negotiations on Watauga Road to accelerate the project. Councilman Scoma withdrew his motion. Councilman Scoma moved to pursue the evaluation of the 61 day overage and determine if there were any legitimate claims the City had for funds for such over runs and instruct the City Staff to make arrangements to collect such funds. Motion died for lack of a second. Mayor Pro Tern Davis asked Mr. Dickens if there had been any documentation in regards to the 61 day delay because of weather conditions. Mr. Dickens stated the contract was substantially complete before the bid time ran out. Mr. Dickens stated that the change order time was added to the original bid time. Mayor Pro Tern Davis moved, seconded by Councilwoman Spurlock, to approve final payment to Austin Road. Motion carried 5-0. July 24, 1989 Page 7 Mayor Pro Tern Davis moved, seconded by Councilman Scoma, that the Staff give the Council a status report at the CIP Meeting from Austin Road Company regarding their completion schedule and whether they were on schedule regarding Watauga Road. Mayor Pro Tern Davis stated he personally knew that part of the delay was because of the railroad. Mayor Pro Tern Davis stated he thought it was evident to Austin Road that the Council was concerned about how slow they were going. Councilman Scoma suggested that in the future if substantial completion date was being considered as the penalty completion date then it needed to be stated on the Council IS information sheet. Councilman Scoma stated the information given to the Council indicated contract completion date of February 26th and final acceptance date of April 26th, which was 61 days over the contract completion time. Councilman Welch stated he had received several calls inquiring about why Watauga Road was not open on the north side of Rufe Snow. Councilman Welch stated the answer he had received had nothing to do with Rufe Snow and Watauga. Councilman Welch stated he was told it was not open because of the railroad and this had nothing to do with Watauga Road on the north side. Councilman Welch stated he was also asked about Watauga Road and Davis Boulevard connecting and he was advised it was not connected to Davis because the State had to do it. Councilman Welch stated the third question was pertaining to the new county road that could not be used because this also depended on the State connecting it to the City's road. Mr. Horvath advised that Watauga Road questions would be answered at the CIP Meeting on Thursday. Motion carried 5-0. 19. CITIZENS PRESENTATION MRS. PAM PIETRYKOWSKI 7112 GREENHILL TRAIL RE: STREET WORK Mrs. Pam Pietrykowski was not present. Mr. Nelson Stoppiello, 7400 Jade Circle appeared before the Council. Mr. Stoppiello stated he had noticed that in some instances that the City did not spend all of the money that had been allocated for construction projects. Mr. Stoppiello asked how some of that money could help finance other projects. Mayor Brown stated the money was put in the CIP fund and used on other projects. Councilman Scoma stated that he had been asked by a citizen if Shirley Drive was going to be resurfaced. Councilman Scoma stated the Council had previously said funds were being made available to resurface the street. July 24, 1989 Page 8 Councilman Scoma asked Mr. Dickens what was going to be done about the streets in the area of Newman and Shirley. Mr. Dickens stated that at the present time Shirley was not on the program for this year. Councilman Scoma stated that unless he was mistaken, before he was elected to Council, there were discussions in regard to improvements in that area and the citizens were told that Shirley was on the list for improvements. Councilman Scoma asked if Shirley was not ranked to be redone in 1989. Mr. Dickens stated it was not on the list. Councilman Scoma asked if anyone remembered the discussion concerning this area. Mr. Don Collins, 6290 Shirley, appeared before the Council. Mr. Collins stated a group of citizens in the area appeared before the Council in October, 1988 concerning rezoning in the area. Mr. Collins stated that a lady had made a point of addressing the Council as to what the plans were for the streets in the area. Mr. Collins stated he thought that at that time the City engineer assured her it would be in the early part of 1989. Mr. Dickens stated that Newman Drive was the only one scheduled to be resurfaced. Mr. Collins stated work had started on Newman and the neighbors were wondering if any other streets were going to be done. Mr. Dickens stated he would double check on the other streets in the area; Shirley Drive was not on the list for overlay in 1989. Mr. Stoppiello reappeared before the Council. Mr. Stoppiello asked if consideration could be given to building a bridge over Maplewood when funds were left from another project. Mayor Brown stated the funds were used as recommended by the CIP Committee. Mr. Frank Butts, 6552 Riddle, appeared before the Council. Mr. Butts stated that if there was going to be a penalty clause in a construction contract, the City should enforce it. Mr. Butts stated he failed to understand why Watauga Road was not interconnected. Mr. Butts stated that evidently someone did not do their homework. Mayor Brown stated that when you deal with two bureaucracies, there was a problem. Mayor Brown stated that in this case it was the State Highway Department and the Railroad. Councilman Scoma stated he was very familiar with Watauga Road and he did not buy the excuse that there were bureaucracies that could not be July 24, 1989 Page 9 coordinated. Councilman Scoma stated that much of what happened on Watauga Road was politically oriented. Councilman Scoma stated he could see no reason why the State could not have coordinated to complete the Davis Boulevard/Watauga Road interconnect or the Watauga Road/Rufe Snow interconnect. Councilman Scoma stated he was not satisfied with the progress on Watauga Road. Mayor Brown stated he did not think placing the blame on anyone was going to get the job done. Mayor Brown stated he felt the Staff had done a good job in dealing with the Highway Department. Mayor Brown stated he did not believe politics were involved. Councilman Welch stated he would have to agree with Mayor Brown. Councilman Welch stated that several council members, along with the staff, went to Austin to try and get something done on the hold up because of the railroad. Councilman Welch stated that through the work of the staff some progress was made. Councilman Welch stated that as far as the connection of Davis Boulevard, the State would have to do that. Councilman Welch stated there would be a progress report on Watauga Road at the CIP Meeting. 20. ADJOURNMENT Mayor Pro Tern Davis moved, seconded by Councilwoman Spurlock, to adjourn the meeting. Motion carried 5-0. c:: d 1. .~7Æ~"... J May f'" ATTEST: f ) aLu./