HomeMy WebLinkAboutCC 2003-11-10 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 - NOVEMBER 10, 2003
PRE-COUNCIL SESSION
The City Council of the City of North Richland Hills, Texas met in Pre-Council session
on the 10th day of November, 2003 at 6:00 p.m. in the Pre-Council Room prior to the
7:00 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
Greg Vick
Richard Torres
Karen Bostic
Paulette Hartman
Patricia Hutson
Alicia Richardson
George Staples
Larry Koonce
Mike Curtis
Jenny Mabry
Mike Young
Dave Green
Call to Order
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
City Manager
Assistant City Manager
Interim Assistant City Manager
Managing Director Administrative/Fiscal Services
Assistant to City Manager
City Secretary
Assistant City Secretary
City Attorney
Finance Director
Public Works Director
Communications Director
Acting Environmental Services Director
Zoning Administrator
Mayor Trevino called the Pre-Council meeting to order at 6:01 p.m.
1. Discuss Items from Reqular November 10. 2003 City Council Meetinq
Agenda Items 7d (PAY 2003-006) and 7e (PAY 2003-007) - Councilman Turnage
asked for clarification on the cost savings for the two projects.
2. IR 2003-120 Date for CA Sanford Club House
Council set the date for the dedication ceremony of the C.A. Sanford Club House for
Tuesday, December 2, 2003 at 4:30 p.m.
City Council Minutes
November 10, 2003
Page 2
3. IR 2003-118 Status of 18-Wheeler Enforcement
Mr. Dave Green, Zoning Administrator, updated the Council on the enforcement of the
recently adopted parking ordinance for semi tractor/trailers. Mr. Green reported that 12
warning were issued by the Code Enforcement Division the first weekend and to date a
total of 28 written warnings have been issued along with several verbal warnings.
4. Executive Session
Mayor Trevino announced at 6:15 p.m. that Council would adjourn to Executive Session
as authorized by Texas Government Code §551.071 to consult with attorney on
Roseberry v. NRH, McEntire v. NRH and Bunch v. NRH and to hear report concerning
matters covered by Section 418.177, Texas Government Code.
5. Adjournment
Mayor Trevino announced at 6:53 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
1.
CALL TO ORDER
Mayor Trevino called the meeting to order November 10,2003 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 Tem
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Staff:
Larry J. Cunningham
Greg Vick
Richard Torres
Karen Bostic
Patricia Hutson
City Manager
Assistant City Manager
Interim Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
City Council Minutes
November 10, 2003
Page 3
Alicia Richardson
George Staples
Assistant City Secretary
Attorney
2.
INVOCATION
Mr. Reed Turnage student from Snow Heights Elementary, gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Ms. Brianna Barrow, student from Snow Heights Elementary, led the pledge.
4.
SPECIAL PRESENTATIONS
The City Council presented representatives from Birdville High School Band with a
certificate of recognition for ranking second in preliminary and fifth in finals at the State
Band Competition.
The City Council presented representatives from Richland High School Band with a
certificate of recognition for first place in preliminary and finals at the State Band
Competition.
5.
CITIZENS PRESENTATION
Mayor Trevino read a letter received by the City Council from Mr. Franklin E. Goff, 7205
Elmwood Drive, regarding the recently adopted parking ordinance prohibiting the
parking of semi tractor/trailers within the city. Mr. Goff is a professional truck driver and
parks his truck in the Lazer Tag parking lot with the manager's approval. Mr. Goss
requested the Council consider a revision to the ordinance which would allow parking on
property with owner's written permission.
6.
REMOVAL OF ITEM(S) CONSENT AGENDA
None.
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November 10, 2003
Page 4
7.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE OCTOBER 27,2003 COUNCIL MEETING
B. GN 2003-134 RESCHEDULING OF DECEMBER 8, 2003 CITY COUNCIL
MEETING
C. PS 2003-48 CONSIDERATION OF A REQUEST FROM MARVIN AND JILL SMITH
TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 3 DOUGLAS ESTATES
ADDITION PHASE III LOCATED IN THE 7600 BLOCK OF DOUGLAS LANE (2.98
ACRES)
D. PAY 2003-006 APPROVE FINAL PAYMENT TO LONG CONSTRUCTION &
ENGINEERING, INC. IN THE AMOUNT OF $42,023.90 FOR THE MEANDERING
DRIVE 24-INCH WATER TRANSMISSION MAIN PROJECT
E. PAY 2003-007 APPROVE FINAL PAYMENT TO AUI CONTRACTORS, L.P. IN
THE AMOUNT OF $110,315.18 FOR THE N.E. LOOP 820 UTILITY
RELOCATIONS AT RUFE SNOW DRIVE
COUNCILMAN METTS MOVED, SECONDED BY COUNCILMAN TURNAGE, TO APPROVE THE
CONSENT AGENDA.
Motion to approve carried 7-0.
8.
PS 2003-43 CONSIDERATION OF A REQUEST FROM GRAHAM RANCH
PARTNERS LIMITED TO APPROVE THE FINAL PLAT OF GRAHAM RANCH
PHASE II ADDITION LOCATED IN THE 7100 BLOCK OF CHAPMAN ROAD (22.368
ACRES)
APPROVED
Mr. Mark Wood, applicant, 6317 Riveria, was present to answer Council questions.
Mr. Dave Green, Zoning Administrator, presented the final plat of Graham Ranch Phase
II Addition consisting of 65 R-2 residential lots. Phase II also contains a 3.42 acre site
which the City has purchased for use as a neighborhood park. The Planning and
Zoning Commission recommended approval of PS 2003-43 with the following
stipulations:
1. The addition of a 2.5' screening wall maintenance easement along the Chapman
Road frontage
City Council Minutes
November 10, 2003
Page 5
2. Remove the name Pitchfork Ranch Drive in lieu of continuing the name South
Fork Drive
3. Removal of the 10' utility easements from the front of each lot.
Mr. Green advised the applicant's engineer has revised the plat to address stipulations
NO.1 and No.2, but stipulation NO.3 has not been addressed. Recommendation of
staff is to approve PS 2003-43 as recommended by the Planning and Zoning
Commission.
Mr. Vick, Assistant City Manager, updated the Council on the issue of additional costs
being incurred by developers as a result of Oncor's policy requiring the placement of
electrical installations at the front of the lot and additional costs being passed to the
developer by Oncor to meet the city's ordinance requiring the placement of electrical
installations at the rear of the lot. Mr. Vick reported that Oncor was to have provided to
the city the costs the developer will incur to place the electrical in the rear easement by
October 30, 2003. Oncor notified the City on October 31 that the information was
delayed and would be provided by November 5. Mr. Vick reported that the information
has been further delayed by Oncor. In anticipation the City has prepared options and
will be ready to follow up to Council with an ordinance should Oncor's decision cause
financial hardship to the developers.
Council briefly discussed the requirement for a screening wall maintenance easement,
the Council's desire not to cause any financial hardship on the developers regarding the
location of the electrical equipment and Oncor's failure to notify the city of their policy.
MAYOR PRO TEM TOLBERT MOVED TO APPROVE PS 2003-43 AS APPROVED BY THE PLANNING
AND ZONING COMMISSION. COUNCILMAN LEWIS SECONDED THE MOTION.
Motion to approve carried 6-1; Mayor Pro Tem Tolbert, Councilmen Lewis, Turnage,
Metts, Whitson, and Welch voting for and Councilwoman Johnson voting against.
9.
GN 2003-132 UPDATE OF THE FOOD AND FOOD ESTABLISHMENTS
ORDINANCE - ORDINANCE NO. 2750
APPROVED
Mr. Mike Young, Interim Environmental Services Director, outlined the modifications and
changes to the Food and Food Establishments Ordinance. Modifications and changes
consist of:
· Change all references of Environmental Services Department to Neighborhood
Services Department
· Change all references of City Environmental Services Inspector to City
Consumer Health Inspector
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November 10, 2003
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· Change all references of Temporary Food Establishments to three days thus
matching already existing permit and similar zoning requirements
· Add requirement that all lavatory faucets be equipped with wrist paddles, knee
paddles or foot pedals in place of handles
· Change inspection fee of Mobile Food Unit to $105.00 per vehicle to match fees
for similar activities
· Remove Child Care Center Permit fee for Group Day Homes since the State has
inspections for the same criteria at these locations
· Extend the food manager's permit period from three years to five years to match
current state law requirements.
COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE No. 2750. COUNCILWOMAN
JOHNSON SECONDED THE MOTION.
Motion to approve carried 7-0.
10.
GN 2003-133 TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS
ELECTION - RESOLUTION NO. 2003-084
APPROVED
Ms. Karen Bostic, Managing Director, advised the City is allocated 41 votes which may
be cast collectively or separately for any nominee or nominees listed on the Tarrant
Appraisal District Board of Directors ballot. Staff is recommending that all 41 votes be
cast for John Clanton.
COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION No. 2003-84 CASTING ALL 41
VOTES FOR JOHN CLANTON. COUNCILMAN WHITSON SECONDED THE MOTION.
Motion to approve carried 7-0.
11.
GN 2003-135 CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 16 OF
THE CODE OF ORDINANCES RELATING TO THE PARKING OF RECREATIONAL
VEHICLES ON RESIDENTIAL STREETS - ORDINANCE NO. 2751
APPROVED
Mr. Dave Green, Zoning Administrator, presented the proposed ordinance. The
ordinance is in response to Council's direction for staff to review current regulations on
the parking of recreational vehicle and trailer parking on streets in residential areas and
to return with a possible revision to address council concerns. The proposed ordinance
prohibits the parking between the hours of 9:00 p.m. and 5:00 a.m. of the following
vehicles:
· Vehicles rated at more than 1 ton (2,000 Ibs) capacity;
City Council Minutes
November 10, 2003
Page 7
· Any combination of vehicles, including trailers, with a combined length that
exceeds 30';
· Any recreational vehicle, in excess of 21' in length, 8' in height and 7' in width;
and
· Any boat; or
. Any trailer.
The ordinance excludes the following vehicles:
· Any street construction, maintenance, and repair equipment, trucks, equipment
and vehicles used by public service companies engaged in repair work;
· Moving vans parked for no more than two consecutive nights for the purpose of
loading and unloading;
· Municipal vehicles or commercial vehicles in the process of loading or unloading
· Motor homes or camping trailers stored for no more than 48 hours in front of a
residence with the consent of the residential occupant.
Mayor Trevino advised that item is not a public hearing, but he had received requests
from three individuals to speak to the item. The consensus of the Council was to waive
the rules and allow the individuals to speak.
Mr. Ken Sapp, 8312 Thornway Court, was in favor of the 9:00 a.m. to 5:00 p.m.
restriction for the purpose of eliminating commercial vehicles but recommended Council
consider establishing some type of provision that would allow a citizen to obtain from
the City a temporary parking permit not to exceed two to three days.
Audrey Higgins, 8308 Forest Oak Drive, was concerned with the problem of recreational
vehicles parking on the street and obstructing the view for residents pulling out of their
driveways.
Jim Gebhardt, 5108 Roberta Drive, advised of an out of town relative unable to travel by
car. The relative travels by motor home each year to visit him for five to seven days.
The ordinance under consideration and the ordinance approved at the last council
meeting, will prevent the relative from visiting in the future.
MAYOR PRO TEM TOLBERT MOVED TO APPROVE ORDINANCE No. 2751 WITH THE CHANGE
THAT MOTOR HOMES AND CAMPING TRAILERS BE ALLOWED TO OBTAIN PERMITS FROM THE CITY
TWICE A YEAR THAT WOULD ALLOW PARKING FOR AN EXTENDED PERIOD OF UP TO SEVEN
CONSECUTIVE NIGHTS, AND WITHOUT A PERMIT MOTOR HOMES AND CAMPING TRAILERS CANNOT
PARK AS PROTECTED BY THIS ORDINANCE IN THE STREET BETWEEN 9 P.M. AND 5:00 A.M. ON
TWO CONSECUTIVE NIGHTS AND THEY CANNOT PARK FOR MORE THAN TWO NIGHTS IN A SEVEN
NIGHT PERIOD.
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City Council Minutes
November 10, 2003
Page 8
MR. STAPLES SUGGESTED MAYOR PRO TEM TOLBERT APPROVE THE ORDINANCE AS IS AND
PROVIDE AN EXCEPTION THAT PERMITS CAN BE OBTAINED FOUR TIMES ANNUALLY - TWO TIMES
UP TO SEVEN NIGHTS AND TWO TIMES UP TO TWO NIGHTS.
MAYOR PRO TEM TOLBERT ACCEPTED MR. STAPLES' SUGGESTION AND ADDED A SEPARATION
OF AT LEAST THREE WEEKS BETWEEN EACH PERIOD.
Councilman Whitson seconded the motion.
Mr. Vick asked Council if they would like Staff to bring back a revision to the ordinance
pertaining to the parking of recreational vehicles in residential driveways that mirrors the
motion made by Council tonight. Council concurred.
Motion to approve carried 7-0.
12.
PU 2003-048 LAND ACQUISITION FOR CITY FACILITIES IN RUFE SNOW AREA
NORTH OF GLENVIEW - RESOLUTION NO. 2003-085
APPROVED
Mr. Vick advised the City has a contract to purchase 4.0717 acres of land for multiple
purpose use by the City. Staff's recommendation is to approve Resolution No. 2003-
085 authorizing the purchase and amending the 2003-04 Capital Budget. (Purchase
price for property is $650,000 plus closing costs - located at Lot 1, Block 1 Northglenn
Addition)
COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION No. 2003-085. COUNCILMAN
TURNAGE SECONDED THE MOTION.
Mayor Pro Tem Tolbert advised the land being purchased is the former Food Lion
property on Rufe Snow south of 820.
Motion to approve carried 7-0.
13.
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-
COUNCIL AGENDA
Roseberry v. NRH
MAYOR PRO TEM TOLBERT MOVED TO AUTHORIZE THE CITY ATTORNEY TO SETTLE
ROSEBERRY V. NRH FOR A SUM NOT TO EXCEED $95,000. COUNCILMAN METTS SECONDED
THE MOTION.
City Council Minutes
November 10, 2003
Page 9
Motion to approve carried 7-0.
14.
INFORMATION AND REPORTS
Announcements-
The City is dedicating two neighborhood parks and would love for citizens to join us in
these dedication ceremonies. We will have food, entertainment, and the unveiling of
artwork. The park dedications include:
Saturday, November 15
1 :00 p.m. Kay Granger Park at Mullendore Elementary
2:30 p.m. Clyde Zellar's Park at Snow Heights Elementary
MasterWorks Series presents Tin Roof Tango at the NRH Library on Tuesday,
November 11 at 7:00 p.m. The concert is free to the public. They play the following
music: Celtic, Bluegrass, Zydeco, African Jazz, Contemporary Folk, Cajun, Salsa and
more! The library is located at 6720 N.E. Loop 820. For information, call 817-427-6800.
Information
November 22
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 Mike McGuire, Police Department - A NRH resident sent a letter of appreciation
for McGuire going out of his way to help with a flat tire. NRH has an outstanding Police
Department.
Ms. Jenny Mabry, Communications Director, introduced a public service announcement
produced by Citicable.
City Council Minutes
November 10, 2003
Page 10
15.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:29