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HomeMy WebLinkAboutCC 2003-09-23 Minutes MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 23, 2003 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 23rd day of September, 2003 at 5:45 p.m. in the Pre-Council Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Timothy J. Welch Staff Members: Larry J. Cunningham Karen Bostic Paulette Hartman Patricia Hutson Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Patrick Hills Debbie Durko Dave Green Dave Pendley John Lynn Jimmy Cates Absent: Greg Vick Call to Order Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Councilman City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Communications Director Human Resources Director Municipal Court Clerk Zoning Administrator Building Official Assistant Police Chief Streets Superintendent Assistant City Manager Mayor Trevino called the Pre-Council meeting to order at 5:45 p.m. 1. Discuss Items from Reqular September 23. 2003 City Council Meetinq None. 2. IR 2003-103 Apartment Inspection Proqram City Council Minutes September 23, 2003 Page 2 Mr. Pendley advised council that staff is proposing an apartment maintenance ordinance. Mr. Pendley presented a PowerPoint presentation highlighting the proposed apartment maintenance program. The ordinance would establish a centralized contact person in the building inspection department who would be responsible for inspecting multi-family housing units on a bi-annual basis. This person would also field individual complaints raised by apartment tenants. The ordinance stipulates that apartment owners/managers would be required to attain an operating license in order to operate their facilities. Apartment units must be inspected and meet minimum standards as determined by the ordinance. The failure to maintain a valid multi-family operating license may result in fines up to $2,000.00. Staff proposes a $1.00 per month per unit fee that will be made a part of the apartment complex's water bill. Mr. Pendley advised council other cities throughout the Dallas/Fort Worth area have an apartment maintenance program and the proposed ordinance is closely modeled after several of those programs. Council discussed the proposed ordinance and expressed the following concerns - 1) The ordinance needs to address situations such as a couple residing in a one- bedroom apartment becoming parents of triplets and exceeding the occupancy limit. 2) Concerns that revoking the certificate of occupancy will hurt the tenants more than the landlord; that the landlord would use as a means to evict a tenant by not repairing the unit. Mr. Pendley explained that revoking the certificate of occupancy was a tool to issue citations for non-compliance. It was suggested to change the wording to revoke certificates of occupancy in unoccupied units only. 3) Concerns with enforcement of unoccupied vehicles. Council was advised there is a separate ordinance addressing unoccupied vehicles, but that reference can be made in ordinance that abandoned vehicles will be enforced according to the unoccupied vehicle ordinance 4) Concern with fourplexes not being included in the enforcement; there could be situations where several fourplexes are owned by one individual. Staff advised that the ordinance would apply to fourplexes located on a parcel of land, but not to a single lot. 5) Section 5.170 - need to change "may" to "shall" in sentence - Each washateria, clubhouse or office may be counted..... 6) Felt the emergency telephone number should also be posted on the property. Staff advised that a provision can be added requiring it to be posted with the license. 7) Council wanted the Building Official to have the authority to monitor and control the number of occupancy. Consensus of Council is for staff to move forward with ordinance incorporating changes discussed. 3. IR 2003-102 Update on NETS Proqram City Council Minutes September 23, 2003 Page 3 Mr. Cunningham advised Council American Red Cross would be providing transportation service for the NETS program. Effective September 29, 2003 the American Red Cross would be providing the day to day service to users of the NETS program. The Fort Worth Transportation Authority (The T), in cooperation with the Board of NETS Urban Transit District, will be responsible for administration of the program. Mr. Cunningham stated that staff from each city that participates in the NETS program have been working with representatives from the T, American Red Cross, YMCA and TXDOT to insure a smooth transition. The contract is for three years with the option to renew for two additional years. Council was advised that the Mayor along with the other participating cities' mayors will be participating in a ceremonial signing of the contract at the North Richland Hills City Hall on September 24. Council was invited to attend. 4. Executive Session Mayor Trevino announced at 6:24 p.m. that Council would adjourn to Executive Session as authorized by §551.071 (2) to conduct a private consultation with city's attorney on a matter in which the duty of the attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code, and deliberation regarding economic development north of Loop 820 as authorized by Government Code §551.086. Adjournment Council adjourned to the regular Council meeting at 6:45 p.m. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order September 23, 2003 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Timothy J. Welch Mayor Mayor Pro T em Councilman Councilman Councilman Councilwoman Councilman Councilman City Council Minutes September 23,2003 Page 4 Staff: Larry J. Cunningham Karen Bostic Patricia Hutson Alicia Richardson George Staples City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary Attorney Absent: Greg Vick Assistant City Manager 2. INVOCATION Ms. Lydia Tallon of Holiday Heights Elementary School gave the invocation. 3. PLEDGE OF ALLEGIANCE Ms. Ciara Costello and Cameron Potts of Holiday Heights Elementary School led in the pledge of allegiance. 4. SPECIAL PRESENTATIONS NATIONAL SICKLE CELL DISEASE MONTH PROCLAMATION Councilwoman Johnson proclaimed, on behalf of Mayor Trevino, the month of September as National Sickle Cell Disease. YARD OF THE MONTH Ms. Ruth Ann Smith, Keep North Richland Hills Beautiful Commission and Councilman Whitson presented certificates to the following yard of the month recipients. Bill & Pat Whisenant, 3733 Holland; Jerry & Sandra Jackson, 6736 Victoria Avenue.; Larry & Cheryl Plunkett, 6312 Meadow Lakes Drive; C.G. & Jenna Mathews, 7721 Terry Drive; Dr. Ram K. Sharma, 5967 Lakeway; Larry & Suzy Compton, 6737 Brittany Park; Arthur & Wretha Denys, 8332 Thorncrest Court; Mike & Wendy Wilson, 7620 Douglas Lane; Sylvia Little & Mike McBurney, 8128 Pecan Ridge Drive; Texas SmartScape Winner Peter Hillier, 8636 Kensington; Business Landscape Winner Meadow Lakes Retirement Community, 5000 Meadow Lakes Drive, Wendy Earney - Marketing Director. City Council Minutes September 23, 2003 Page 5 Ms. Smith and Councilman Whitson gave special recognition to Ogena Collins, 7528 Circle Drive and Mr. Jack Hill for keeping the median located at Circle Drive cleaned and maintained. 5. CITIZENS PRESENTATION Ms. Katelyn Pattersen, 5001-C EI Camp Fort Worth, spoke to the council on behalf of Tarrant County College. The Mayor and Council were invited and challenged to assist in the scholarship fundraiser by supporting the second annual Tarrant County College Cowtown Trinity Duck Stampede on October 19. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE SEPTEMBER 08, 2003 COUNCIL MEETING B. GN 2003-113 CONSIDERATION OF AN AMENDMENT TO THE INTERLOCAL AGREEMENT ESTABLISHING THE NORTHEAST TRANSPORTATION SERVICE URBAN TRANSIT DISTRICT (NETSUTD) C. GN 2003-114 AUTHORIZING SIGNATURE FOR 2004 CAPP ELECTRIC SERVICES - RESOLUTION NO. 2003-072 D. PU 2003-042 AUTHORIZING CONTRACT WITH LINEBARGER GOGGAN HEARD & SAMPSON FOR DELINQUENT COLLECTIONS OF MUNICIPAL COURT ACCOUNTS - RESOLUTION NO. 2003-075 E. PAY 2003-004 AUTHORIZE PAYMENT TO MOTOROLA FOR ANNUAL MOBILE DATA TERMINAL SERVICE AGREEMENT - RESOLUTION NO. 2003-074 F. PAY 2003-005 AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT - RESOLUTION NO. 2003-073 COUNCILWOMAN JOHNSON MOVED, SECONDED BY COUNCILMAN WELCH TO APPROVE THE CONSENT AGENDA. City Council Minutes September 23,2003 Page 6 Motion to approve carried 7-0. 8. PS 2003-38 PUBLIC HEARING TO CONSIDER A REQUEST FROM SYLVIA THRASH, PATRICIA AND CARRIL BRAUDRICK TO APPROVE THE FINAL PLAT OF LOTS 13R1 & 13R2, BLOCK 2 WOODBERT ADDITION (LOCATED IN THE 8200 BLOCK OF SAYERS LANE - .414 ACRES) APPROVED Mayor Trevino opened the public hearing. Ms. Sylvia Thrash, applicant, was present to answer questions of council. Zoning Administrator Dave Green advised the site is currently platted as Lot 13 with a residential structure on the western half of the lot. The applicant wants to replat the site into two lots in order to construct a single-family residence on the proposed Lot 13R2. Mr. Green brought to council's attention that the lot does not meet the depth requirements of R-3, but the Planning and Zoning Commission recommends waiver for depth of lot and approval of final plat. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN WHITSON MOVED TO APPROVE PS 2003-38 WITH THE WAIVER OF DEPTH. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 7-0. 9. GN 2003-117 CONSIDERATION OF AN ORDINANCE AMENDING THE SIGN ORDINANCE - ORDINANCE NO. 2740 APPROVED Mr. Green advised the ordinance before council tonight addressed council's concern with relation to political signs. Staff has prepared the amendment to address the concentration of identical political signs and weekend advertising signs along rights-of- way. Mr. Green advised council weekend advertising signs are currently regulated by 200' spacing requirement and Staff would notify the major sign contractors of this regulation. The proposed ordinance would allow a minimum spacing of 10' between identical or duplicate political signs. Council discussed the signs needing to be spaced more than ten feet apart and expressed concerns the ordinance will allow signs to be placed in the medians along Meadowlakes Drive and North Tarrant Parkway. City Council Minutes September 23, 2003 Page 7 Attorney Staples advised that the wording in "61" can be changed by adding to the first sentence the wording "other than a median - "with no more than six square feet of sign face on any side may be placed in the public right of way other than a median no closer. . ." MAYOR PRO TEM TOLBERT MOVED TO APPROVE ORDINANCE No. 2740 WITH SPACE BETWEEN POLITICAL SIGNS BEING 30 FEET AND VERBIAGE "OTHER THAN MEDIAN" BE ADDED TO 61 WHEN DESCRIBING THE SIZE AND PLACEMENT OF POLITICAL SIGNS. COUNCILMAN METTS SECONDED THE MOTION. Motion to approve carried 7-0. 10. GN 2003-116 APPROVE ORDINANCE NO. 2739 AMENDING CIVIL SERVICE RULE 11.03 APPROVED City Attorney George Staples advised the Civil Service Commission and staff have been working to draft revisions to Civil Service Rule 11.03. Recent appeals have identified areas of the Civil Service Regulations where all parties involved could benefit from more specific rules addressing subpoenas and evidence presented during the hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2739 ADOPTING THE REVISIONS TO AMEND CIVIL SERVICE RULE 11.03 AS RECOMMENDED BY STAFF AND CIVIL SERVICE COMMISSION EFFECTIVE IMMEDIATELY. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 7-0. 11. GN 2003-115 APPROVE TRAFFIC CALMING POLICY AND REPEALING ROAD HUMP ORDINANCE - ORDINANCE NO. 2741 APPROVED Public Works Director Mike Curtis presented item to council. Mr. Curtis informed council their comments from the August 25 Pre-Council meeting were incorporated into the traffic calming policy. The changes/comments are as follows: · Appeal process - residents may appeal the City's decision to the City Manger within 21 days of notification for a level 3 or level 4 traffic calming measure, City Council Minutes September 23, 2003 Page 8 with the option to appeal level 4 to the City Council. Streets that do not meet the qualifying criteria are not eligible for traffic calming measures. · Required percentage of residents to sign a petition was reduced to 80%, with level 3 requiring 80% and level 4 requiring 85%. · Addition of paragraph on brochure reminding "motorists to watch their speed". Staff was not certain of council consensus regarding funding participation for different levels. Level 1 & 2 measures will be 100% paid for by the City, level 3 will be split 50/50 with the residents and the City, and level 4 measures will be paid 100% by the residents. Council discussed the funding levels, and reimbursement of monies to citizens if the traffic calming device did not resolve the problem. Council discussed possible language to include in the traffic calming policy to address their concerns. Council discussed adding language to ordinance to clarify that the ordinance would not take away from or restrain Public Works from handling traffic concerns on their own initiative. MAYOR PRO TEM TOLBERT MOVED TO APPROVE ORDINANCE No. 2741 WITH FOLLOWING STIPULATIONS: USE STANDARDIZED TERM OF "SPEED BUMPS" THROUGHOUT POLICY IN PLACE OF THE TERM "ROAD HUMPS". - ADD VERBIAGE AT THE END OF SECTION 1 "THIS POLICY SHALL NOT BE DEEMED TO LIMIT THE AUTHORITY OF THE PUBLIC WORKS DEPARTMENT TO REMEDY PROBLEMS ON THEIR OWN INITIATIVE." ADD VERBIAGE TO SECTION 5..2 "REQUIREMENT THAT BEFORE ANY WORK IS ACTUALLY DONE THAT THE PUBLIC FUNDS BE APPROVED TO BE SPENT AND PUBLIC WORKS APPROVE OF THE PLAN." CORRECTIONS TO TEXT: PARAGRAPH 3.8 - 6TH SENTENCE CHANGE "FOR IF THE APPLICANT" TO "IF THE APPLICANT" PARAGRAPH 5.2 - CHANGE "IT'S" TO "ITS" LEVEL 4 COSTS BE BROUGHT BACK TO COUNCIL TO PORTION BETWEEN THE PUBLIC AND PRIVATE SECTOR; AND City Council Minutes September 23, 2003 Page 9 - WHATEVER SPLIT THERE IS TO PUT IN THE TRAFFIC CALMING DEVICES AND WITHIN A YEAR THERE IS A REQUEST TO REMOVE THE CALMING DEVICES THAT THE COST OF REMOVAL BE SPLIT IN THE SAME PROPORTION AS THE AMOUNT OF MONEY IT TOOK TO IMPLEMENT THE TRAFFIC CALMING DEVICE. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 5-2; Mayor Pro Tem Tolbert, Councilmen Turnage, Metts, Whitson and Welch voting for and Councilman Lewis and Councilwoman Johnson voting against. 12. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA None. 13. INFORMATION AND REPORTS Councilman Tim Welch made the following announcements. The Fire Department Open House will be held on Saturday, October 4th. This is a free, family event that is educational and fun. There will be fire trucks displayed, fire extinguisher demonstration, children's crawl through smoke house and a Goof Troop performance. The event will be held from 10:00 a.m. - 3:00 p.m. at Fire Station 4 on Mid Cities and Tecnol Blvd. For information, call 817-427-6900. September 27 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. Kudos Korner - Every Council Meeting, we spotlight our employees for the great things they do. Officer Todd Espy, Police Department - An email was received from a NRH resident complimenting Espy for his courteous manner in which he gives citations. With officers such as this, "it wasn't so bad getting a ticket in NRH." 14. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:14 p.m. City Council Minutes September 23, 2003 Page 10 ATTEST: 1Pndør Oscar Trevino - Mayor @áólfc¡diiururr-- Patricia Hutson - City Secretary