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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. < _._-----~."~._--------"~._.~--~_._--_._,.._._.- City Council Minutes 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 · .-_._'-_..__..,------~~~---"_._._-_._._._..,~_.._..,---_.----- City Council Minutes November 10, 2003 Page 6 · 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. ..__.~--".,~--~-_._-'-~--~--~-~._---~- 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