HomeMy WebLinkAboutCC 2003-10-27 Agendas
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CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
OCTOBER 27, 2003 - 5:45 PM
For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301
Northeast Loop 820.
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NUMBER ITEM ACTION
TAKEN
1. Discuss Items from Regular October 27,2003 City Council
Meeting (5 Minutes)
Discussion - Possible Joint Committee Regarding Naming of
2. IR 2003-112 Grapevine Hiahwav Namina (5 Minutes)
Discussion of an Ordinance Amending Chapter 16, Code of
3. IR 2003-114 Ordinances, Relating to the Parking or Storage of
Recreational Vehicles in Residential Areas (Agenda Item
No. 10) (20 Minutes)
Transportation Improvements in the Northern Part of the City
4. IR 2003-113 (15 Minutes)
*Executive Session - The Council may Enter into Closed
5. Executive Session to Discuss the Following:
Deliberation Regarding Economic Development as
Authorized by §551.087
North Hills Mall
Deliberation Regarding Real Property as Authorized by
§551.072
Land Acquisition - South of Loop 820 Area
Adjournment
*Closed due to subject matter as provided by the Open Meetings Law. If any action is
contemplated, it will be taken in open session.
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City Council Agenda
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
OCTOBER 27, 2003 - 7:00 PM
For the Meeting conducted at the North Rich/and Hills City Hall Council Chambers 7301 Northeast
Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or
action.
1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for
separate discussion.
2. The Council reserves the right to retire into executive session concerning any of the items
listed on this Agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act.
3. Persons with disabilities who plan to attend this meeting and who may need assistance should
contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so
that appropriate arrangements can be made.
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NUMBER ITEM ACTION TAKEN
1. Call to Order
2. Invocation -
North Ridge Elementary - Nancy Mull,
Principal
3. Pledge -
North Ridge Elementary - Nancy Mull,
Principal
4. Special Presentations
Yard of the Month - Mayor Pro Tem Tolbert
Proclamations -
Municipal Court Week
5. Citizens Presentation
6. Removal of Item(s) from the Consent Agenda
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10/27/03
City Council Agenda
Page 2 of 3
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NUMBER ITEM ACTION TAKEN
7. Consent a. Minutes of the October 13, 2003 Council
Agenda Meeting
GN 2003-128 b. Approve Revisions to the Rules and
Procedures for the Capital Improvement
Advisory Committee - Resolution No.
2003-082
PW 2003-016
c. Approve Additional Funding in the
Amount of $4,522 and a Time Extension
for the Big Fossil Creek Watershed
Interim Feasibility Study - Resolution No.
2003-083
8. GN 2003-131 Approve Subordination of Lien for City Owner
Agreement on Banister Estate, Lot 1, Block 1
9. GN 2003-129 Consideration of an Ordinance Requiring a
Permit for Certain Establishments Selling
Alcoholic Beverages for On Premise
Consumption - Ordinance No. 2747
10. GN 2003-130 Consideration of an Ordinance Amending
Chapter 16, Code of Ordinances, Relating to the
Parking and Storage of Recreational Vehicles in
Residential Areas - Ordinance No. 2749
11. Action on Any Item Discussed in Executive
Session listed on Pre-Council Aaenda
12. Information and Reports
13. Adjournment
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2003-112
~ Date: October 27, 2003
T Subject: Discussion - Possible Joint Committee Regarding Grape\4ne Highway Naming
Following the joint meeting with the City of Richland Hills recently in discussions for a
strategic plan for redevelopment and improvements to the Grapevine Highway corridor in the
southern part of our City and in Richland Hills, comments were made as to the possibility of
renaming Grapevine Highway to something more descriptive of this area. Some thoughts
were presented about the possibility of having a couple of Council members from North
Richland Hills and a couple from Richland Hills to jointly discuss potential names and
whether the idea of renaming Grapevine Highway should be pursued at this time. With this
in mind, Mayor Trevino has suggested that we discuss this at Pre-Council and consider
appointing two members to such a joint committee and request that the City of Richland Hills
do the same.
The purpose of this item on Pre-Council is to discuss this idea and see if this is something
we should pursue. If so, then Mayor Trevino could follow up with communication with the
Mayor of Richland Hills to proceed.
Respectfully submitted,
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2003-114
Date:
Subject:
October 27, 2003
Ordinance Revising Chapter 16 of the Code of Ordinances Relating to the
Parking and Storage of Recreational Vehicles in Residential Areas.
Summary
Earlier this year the Council directed staff to pursue revisions to the current regulations regarding
the parking and storage of recreational vehicles in residential areas. Of primary concern to the
Council was the visibility problems created with large recreational trailers or motor homes parked
in residential driveways. These situations created potential safety issues with adjacent property
owners when backing out of a driveway or the blocking of a public sidewalk forcing individuals to
walk in the street. In addition council requested staff to consider the issue of "grandfathering"
existing recreational vehicles.
Current regulations for recreational vehicles including but not limited to travel trailers, motor
homes, boats, boat trailers, and camper tops require these vehicles to be parked on paved
surfaces and if located in the side or rear yard of a residence, screened with a 6 ' tall solid fence.
The Planning and Zoning Commission and staff reviewed the regulations of several adjacent
communities along with photos of existing properties with -recreational vehicles. The consensus
of the Commission and staff was that the "grandfathering" of existing recreational vehicles and
locations is not feasible from an enforcement perspective. Ultimately the Commission's
recommendation was to require all recreational vehicles to be parked behind the front building
setback of interior lots. Corner lots would require placement behind both the front and side yard
building setbacks.
The amending ordinance prepared by the City Attorney places the above regulations in Chapter
16, Article V. Parking Requirements, of the Code of Ordinances. The recently approved
changes to semi-truck /trailer regulations were placed in this chapter as well. The reasoning for
this was to locate all parking-related issues in one location for ease of enforcement. The current
regulations are located within the Zoning Ordinance. Staff would like to note that the placement
of these regulations with the Code of Ordinances does not allow or provide for the
"grandfathering" of existing situations. The City Attorney has determined that only if the
regulations are attached to the Zoning Ordinance would current situations be allowed to be taken
into account for enforcement purposes. Staff would also like to note that the Planning and
Zoning Commission did not hold a public hearing when considering these regulations. Since this
ordinance would affect a significant number of citizens, the Council may wish to consider the
option of returning this issue back to the Planning and Zoning Commission for a public hearing
on their recommendation.
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lé::I L. Green
Zoning Administrator
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
N IR 2003-113
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~ Date:
T Subject:
October 27, 2003
Transportation Improvements in the Northern Part of the City
The City is being asked to participate in several street improvements that are associated with the
proposed Forest Glenn West development. The Forest Glenn West development is located north of
Green Valley Elementary School and south of the future Bursey Road alignment.
The developer is requesting the City to participate in the new Bursey Road extension east of Smithfield
Road (no road currently exist), the unimproved section of Bursey Road west of Smithfield Road (currently
a two lane section without curb & gutter or sidewalks), the new Smithfield Road alignment north of
Bursey Road (currently no road exist), and the unimproved section of Smithfield Road south of Bursey
Road (also a two lane section without curb & gutter or sidewalks). All streets are shown on Exhibit "A".
The City has the choice to participate or not. The pros and cons of each choice are summarized below
in "bullet" form.
Participate
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If the City chooses to participate, two major collector streets will be improved to the width identified
on the Master Thoroughfare Plan. The streets are Bursey Road and Smithfield Road. Currently, the
existing widths of these streets are probably "adequate" for the amount of traffic that uses them.
However, when the "missing" section of Bursey Road is constructed and the Forest Glenn West
development is complete, the traffic is expected to increase substantially.
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· These improvements can probably be constructed now at a lower cost to the City rather than several
years in the future at a higher cost.
· If the City chooses to participate, the City's share of the cost could come from the $2,000,000 set
aside in the 2003 Bond Program for "Unspecified Street Improvements". The developer has also
indicated that he would pay for all improvements "up front" and allow the City to reimburse him in the
future. No specific financing plan has been discussed with the developer. Either way the City will
need to commit $536,000 of the 2003 Bond Program for all of the improvements.
The table below shows the total cost for each street section and the City's portion of cost.
Street Section Developer BISD City Total
Bursey Road
East of Sm ithfield $ 227,265.06 $ 172,276.50 $ 40,000.00 $ 439,561.56
Bursey Road
West of Smithfield 51,464.91 0 99,021.70 150,486.61
Smithfield Road
North of Bursey 218,569.61 130,197.08 300,709.49 649,476.18
Smithfield Road
South of Bursev 38,086.74 0 95,597.85 133,684.59
Totals $535,386.32 $302,473.58 $535,329.04 $1,373,208.94
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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Do Not Participate
· If the City chooses to not participate, the developer will still be required to construct his
portion of Bursey Road and Smithfield Road adjacent to Forest Glenn West. It just would not
be constructed to its full width. These sections of Bursey Road and Smithfield Road will just
be 24-foot wide sections. This would be wide enough to allow two-way traffic, but not
adequate to handle the future traffic projections.
· The City will still have all of the $2,000,000 identified in the Bond Program for future projects
(these projects or others).
· The City could come back after the Forest Glenn West development is complete and
evaluate the need to widen the streets at that time.
The developer is in the process of completing his construction plans and needs to know if the
City would be interested in participating in these street projects.
The City also has the option to participate in part of the improvements. Even though the
developer is requesting the City to participate in all of the street sections identified on Exhibit
"A", the most critical would be Bursey Road (east and west of Smithfield) and Smithfield Road
south of Bursey. The section of Smithfield Road noM of Bursey Road is the least critical and
the most expensive. If the City participated in the cost for all sections except the Smithfield
Road north of Bursey, the City's share of the cost would be $235,000.
Staff is requesting direction from Council on how to proceed.
Respectfully submitted,
ì1Á-;l~ C~I
Mike Curtis, P.E.
Public Works Director
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Exhibit A
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AREA 1
AREA 2
AREA 3
AREA 4
AREA 5
- AREA 6
AREA 7
AREA 8
AREA 9
YARD-OF-THE-MONTH WINNERS
OCTOBER, 2003
Stephen & Diana Finstad, 6412 Suncrest Ct.
John Jones, 6745 Cylinda Sue Circle
No winner chosen for this area
Eddie & Kim Frazier, 7016 Meadow Park S.
Charles & Glenda Fearaeant, 8113 Bridae
Ed & Rosa Santiaao, 6737 Lucas Lane
Anthony & Celeste Malozzi, 7001 Herman Jared Dr.
Terri Loddick, 7517 Peachtree Trail
Rodney & Mary Burns, 7913 Kandy
Texas SmartScape Winner J. W. Curtis II, 6884 Green Leaf
Business Landscape Winner Summit Bank. 8501 Davis Blvd., Robert Harrison,
President
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01\1 of NortH RicHlè\t1" Hills
PROCLAMATION
WHEREAS. morc pcoplc. citizrns è\t1Î) t1ot1-citizrns è\1ikc. comc it1 persot1è\l COt1tè\ct
witH T cxAs M\.-It1icipè\l CO\.-lrts tHè\t1 è\ll otHer T CXè\S CO\.-lrts combit1cÎ): è\t1Î)
WHEREAS. tHc p\.-lblic· s imprcssiot1 of tHc rntirc j\.-lÎ)iciè\l s\1stcm is lè\rgc1\1 Î)cprn"ct1t
\.-IpOt1 tHc p\.-lblic· s cxpcrict1cC it1 M\.-It1icipè\l CO\.-lrts: è\t1"
WHEREAS. thc North RicHlè\t1Î) Hills M\.-It1icipè\l CO\.-lrt servcs it1 è\ criticè\l è\t1Î) pivotè\l
rolc for thc è\"j\.-l"icè\tiot1 of fit1c-ot11\1 stè\tc offrnscs è\t1" 10Cè\1 orÎ)it1è\t1ccs tHè\t protcct tHc
pCè\CC è\t1Î) Î)igt1i1\1 of 0\.-11' comm\.-lt1i1\1: è\t1Î)
WHEREAS. M\.-It1icipè\l J\.-I"gcs è\t1" CO\.-lrt s\.-lt'1'ortpersot1t1c1 of thc Cit\1 of North
Richlè\t1" Hills hè\vC plc"gcÎ) to bc ever mit1Î)f\.-ll of thcir t1C\.-1trè\lit\1 è\t1" impè\mè\lit\1.
rrnÎ)crit1g cq\.-lè\l servicc to è\ll. è\t1Î) cot1foM11 to thc stè\t1"è\r"s set \n.t thc Cè\t1011S of
J\.-IÎ)iciè\l COt1Î)\.-Iet: è\t1Î)
WHEREAS. therc è\rc O11C M\.-It1icipè\l J\.-IÎ)gc. tHrcc Associè\tc J\.-IÎ)gcs. è\t1Î) 13 CO\.-lrt
S\.-lpport perso1'mcl it1 thc Cit\1 ofNort11 Richbt1" Hills. who cOt1sistrnt1\1 \.-IpHolÎ) rigoro\.-ls
stè\t1Î)è\rÎ)s of profcssiot1è\lism whilc worldt1g "iligct1t1\1 è\t1Î) cfficirnt1\1 to rns\.-lrc thc fè\ir
è\i)mit1istrè\tiot1 of l\.-1sticC: è\t1Î)
WHEREAS. M\.-I1'1icipè\l J\.-I"gcs, C1erlts. CO\.-lrt Ai)mi1'1istrè\tors. Dè\iliffs. è\1'1" W è\".è\1'1t
Officers c01'1ti1'1\.-1è\ll\1 strivc to improvc the è\trn1i1'1istrè\tio1'1 of l\.-1stice thro\.-lgh
pè\t1icipè\tio1'1 i1'1 l\.-1"iciè\l e"\.-ICè\tio1'1 progrè\ms. semi1'1è\rs. workshops. è\1'1Î) the è\1'11'1\.-1è\1
mect11'1gs of their stè\te è\1'1Î) 10cè\1 professio1'1è\l orgè\1'1izè\tio1'1s: è\1'1Î)
WHEREAS. it is most è\ppropriè\te thè\t we recog1'1ize the è\ccomplisHmrnts of tHe
North Richlè\1'1Î) Hills ....hmicipè\l CO\.-lrt i1'1 T eXè\s. è\t1" sè\l\.-1te their criticè\l rolc it1
presCf'Vi11g p\.-lblic sè\fct\1. protecti1'1g the q\.-lè\1it\1 of life i1'1 T eXè\S comm\.-l1'1itics. è\1'1"
"etcní1'1g f\.-lf\..frc crimit1è\l behè\vior.
NOW THEREfORE. ,. Oscè\r Trcvi1'1o. Mè\\1or of North Richlè\1'1" Hills "0 here\n.t
rccogt1izc the wec1{ of November 3 - 7. 2~~3 è\S:
""MVN1C1PAl COVRTS WEER"
è\t1Î) ct1co\.-lrè\ge ~11 cities è\1'1" citizrns to observe this importè\1'1t OCCè\Si011.
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\ \ .". '. .~ ji 1N W1TNESS WHEREOf. 1 hè\vC herC\.-l1'1to set
\ {,'·ll. t,!, ://).. ·.f 1'11\1 hè\1'1" è\1'1" Cè\\.-ISC" thc sCè\l of thc Cit\1 of
"¢~ ,~, North Richlè\t1" "11s to bc è\ffixcÎ) this 27tJ. Î)è\\1
t~:tf>/t of etober 2~" .
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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 - OCTOBER 13, 2003
PRE-COUNCIL SESSION
The City Council of the City of North Richland Hills, Texas met in Pre-Council session
on the 13th day of October, 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
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Staff Members: Larry J. Cunningham·.
Greg Vick
Karen Bostic
Paulette Hartman
Patricia Hutson
Alicia Richardson
George Staples
John Pitstick
Larry Koonce
Mike Curtis
Jenny Mabry
Andy Jones
Thomas Powell
Dave Green
Dave Pendley
City Manager
Assistant 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
Fire Chief
Director of Support Services
Zoning Administrator
Building Official
Call to Order
Mayor Trevino called the Pre-Council meeting to order at 5:45 p.m.
1. Discuss items from Regular October 13. 2003 City Council Meeting
None.
2. IR 2003-109 Discussion of an Ordinance Revising Chapter 16. Code of Ordinances.
Relating to the Parking and Storage of Semi Tractor Trailers
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October 13, 2003
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Mr. Dave Green, Zoning Administrator, briefed the Council on a proposed ordinance
addressing the parking and storage of semi-tractor trailers. The proposed ordinance is
brought forward at the request of council to more efficiently address parking issues.
The ordinance clarifies the language and places in one location parking restrictions
pertaining ~o semi-tractor trailers. The ordinance will prohibit the owner or operator of
any truck tractor, truck trailer or truck tractor trailer rig to stand, park or store or permit
the standing, parking or storing of any truck, trailer or rig on any public street, public
right of way, median, parkway, athletic field or other public property within the city
unless picking up or delivering to premises on such property. The ordinance also
prohibits the standing, parking or storing of trucks, trailers or rigs on any parking lot,
playground, athletic field, vacant lot, public or private school, church premises or
residential property. Staff reviewed the enforcement policy and answered Council
questions. Council took action on the ordinance during the regular council meeting.
3. IR 2003-107 Discussion of an Ordinance Revisinq the Subdivision Requlations to
Restrict the Location of Above-Ground Utilitv Service Appurtenances in Residential
Areas
Mr. Dave Green, Zoning Administrator, briefed the Council on Oncor's new program of
placing electrical services for new residential subdivisions in the front of a lot rather than
the traditional rear service. Oncor feels it is more efficient to service transformers from
the front of yards as opposed to those in the rear. At the direction of Council, staff took
the issue to the Planning and Zoning Commission for a recommendation. The Planning
& Zoning Commission is recommending an ordinance placing above-ground
appurtenances and equipment, and, if permitted, above ground facilities along rear lot
or tract lines. The developer of the affected property may appeal the requirements to
the Planning & Zoning Commission at the preliminary plat stage based on the
requirement not being technically environmentally or economically feasible. Mr. Greg
Vick, Assistant City Manager, advised Oncor had submitted a letter after the Planning &
Zoning meeting expressing their concerns with the proposed ordinance being submitted
to Council from the Planning & Zoning Commission. Oncor has submitted for Council
consideration a compromise to Planning and Zoning's recommendation. Should
Council want to consider Oncor's compromise Mr. Staples has revised Oncor's version
to clean up some of the verbiage and has titled the ordinance - Oncor Version -
Revised. Council discussed whether it was necessary to include on page 2 of the
Oncor Version - Revised ordinance, item 6. Council was advised by the City Attorney
that should Council want to approve the Oncor Version - Revised, item 6 could be
removed. Council took action on the ordinance during the regular council meeting.
4. IR 2003-106 Discussion of December Council MeetinQs
Ms. Patricia Hutson, City Secretary advised Council that earlier in the year Council
agreed to reschedule the December 8 council meeting to December 15 because of a
council conference. Staff was now requesting direction from Council as to whether they
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City Council Minutes
October 13, 2003
Page 3
would like to hold the second meeting in December since the meeting falls during
Christmas week. The consensus of the Council was to leave it to the discretion of City
Manager. If the City Manager determines that the second meeting is not needed, then
an item will be placed on a future agenda to formally cancel the meeting.
5. Executive Session
Mayor Trevino announced at 6:21 p.m. that Council would adjourn to Executive Session
as authorized by the Texas Government Code §551.071 to consult with the City
Attorney on Davis vs. North Richland Hills and to deliberate on real property as
authorized by Government Code §551.072 for land acquisition south of Loop 820 area.
6. Adiournment
Mayor Trevino announced at 6:56 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 October 13, 2003 at 7:07 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
Staff:
Larry J. Cunningham
Greg Vick
Karen Bostic
Patricia Hutson
Alicia Richardson
George Staples
City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
Assistant City Secretary
Attorney
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October 13, 2003
Page 4
2.
INVOCATION
Councilman Whitson gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Councilman Whitson led the pledge of allegiance.
4.
SPECIAL PRESENTATIONS
LIFE SAFETY ACHIEVEMENT AWARD - FIRE DEPARTMENT
Fire Chief Jones recognized the North Richland Hills Fire Department as recipients of
the Life Safety Achievement Award for 2002. Several members of the Fire Department
were present to receive the award from Chief Jones.
5.
CITIZENS PRESENTATION
Mr. Ray Hudson, 8825 Jason Court, submitted a petition for the repair and resurfacing
of two streets in Eden Estates - Jason Court and Hilary Court. Mayor Trevino
requested Mike Curtis, Public Works Director, to receive the petition and follow-up with
Mr. Hudson.
6.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
7.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE AUGUST 1 - 2, 2003 COUNCIL BUDGET WORKSESSION
B. MINUTES OF THE SEPTEMBER 23, 2003 COUNCIL MEETING
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October 13, 2003
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C. PS 2003-45 CONSIDERATION OF A REQUEST FROM KIRBY COX TO
APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1, KIRBY ADDITION (LOCATED AT
8601 CARDINAL LANE - 3.33 ACRES)
D. PS 2003-47 CONSIDERATION OF A REQUEST FRO~ SIDNEY EGGLESTON
AND THE CITY OF NORTH RICH LAND HILLS TO APPROVE THE FINAL PLAT OF
LOTS 1 & 2, BLOCK 2 NORTH FIELD PARK ADDITION (LOCATED IN THE 8400-
8500 BLOCK OF NORTH FIELD DRIVE - 32.13 ACRES)
E. GN 2003-127 APPROVE ABANDONMENT OF A SANITARY SEWER EASEMENT
LOCATED AT 6109 WINTER PARK DRIVE IN HOME TOWN NRH WEST - PHASE 2
- ORDINANCE NO. 2744
F. PU 2003-043 AWARD OF BID TO SPORTS FACILITIES CONSTRUCTION
COMPANY IN THE AMOUNT OF $41,600 FOR THE WALKER'S CREEK PARK NET
EXTENSION PROJECT
G. PU 2003-044 AWARD BID FOR 2003 EXTERIOR PAINTING PROJECT TO
ARTISTIC PAINTING COMPANY IN THE AMOUNT OF $35,680
H. PU 2003-045 AWARD BID FOR GROUNDS MAINTENANCE EQUIPMENT FOR
IRON HORSE GOLF COURSE TO AUSTIN TURF AND TRACTOR IN THE AMOUNT
OF $190,830
I. PU 2003-046 SALE OF PROPERTIES (8405 & 8412 FRANKLIN COURT) TO
TRINITY TRUTH PROPERTIES- RESOLUTION NO. 2003-081
J. PW 2003-115 AWARD OF BID TO HALL-ALBERT CONSTRUCTION CO. IN THE
AMOUNT OF $1,180,209.69 FOR THE MAIN STREET/GLENANN DRIVE DRAINAGE
IMPROVEMENTS PROJECT AND APPROVE REVISION TO THE 2003/04 CIP
BUDGET
COUNCILWOMAN JOHNSON MOVED, SECONDED BY COUNCILMAN TURNAGE, TO APPROVE THE
CONSENT AGENDA.
Motion to approve carried 7-0.
8.
GN 2003-122 APPROVE ORDINANCE REVISING THE SUBDIVISION
REGULATIONS REGARDING THE LOCATION OF ABOVE-GROUND UTILITY
SERVICE APPURTENANCES IN RESIDENTIAL AREAS - ORDINANCE NO. 2737
APPROVED
Mr. Dave Green, Zoning Administrator, summarized the issue of Oncor's program of
e providing electrical services from the front of a lot for new residential subdivisions
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City Council Minutes
October 13, 2003
Page 6
instead of the traditional rear service. Oncor's policy has led to the placement of
electrical transformers in the front yard of lots throughout a subdivision. Mr. Green
presented the proposed revision to the Subdivision Regulations requiring utilities to be
placed underground in new residential subdivisions. Unless there are technical,
environmental or economic re.asons where this cannot be accomplished. Any above-
ground appurtenances and equipment, and above ground facilities are to be placed
along rear lot or tract lines. The developer of the property can appeal the requirements
to the Planning and Zoning Commission at the preliminary plat stage based upon the
requirement of not being technically environmentally or economically feasible. The
Planning & Zoning Commission recommended approval of the revisions on October 2.
Following the Planning and Zoning Commission's meeting, Oncor submitted a request
to provide an alternative to the Planning & Zoning Commission's recommendation.
Oncor proposes to locate any above ground transformer boxes behind the building set-
back line rather than the rear of the property.
Council questioned any additional expenses that would be incurred by Oncor and
passed to the developer to place the utilities in the rear easement of undeveloped land.
There was extensive discussion by the Council on the location of the utilities in the back
easements and associated costs.
COUNCILWOMAN JOHNSON MOVED TO PASS ORDINANCE No. 2737 FOR THE REAR LOCATION
FOR ABOVE GROUND UTIUTY EQUIPMENT. MAYOR PRO TEM TOLBERT SECONDED THE MOTION.
A couple of the council members felt that the compromise offered by Oncor should be
considered. Several council members expressed concerns that the Planning & Zoning
Commission was not given an opportunity to review the compromise that Oncor
submitted to Council. The Mayor clarified that the ordinance was brought forward
without submitting Oncor's revisions to the Planning & Zoning Commission because of
Council's immediate desire to regulate the placement of above ground utility
appurtenances. Council will be considering later in the agenda two plats with plans to
locate above ground electrical transformers in front utility easements.
Motion to approve carried 5-2; Mayor Pro Tem Tolbert, Councilwoman Johnson,
Councilmen Lewis, Turnage and Whitson voting for and Councilman Metts and Welch
voting against.
9.
PS 2003-37 CONSIDERATION OF A REQUEST FROM GRAHAM RANCH
PARTNERS LIMITED TO APPROVE THE FINAL PLAT OF
GRAHAM RANCH PHASE I ADDITION (LOCATED IN THE 7000 BLOCK OF
HIGHTOWER DRIVE - 54.70 ACRES
APPROVED
City Council Minutes
October 13, 2003
Page 7
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Mr. Mark Wood, 6317 Riveria Drive, North Richland Hills, representing Graham Ranch
Partners, was available to answer questions.
Councilman Welch asked Mr. Wood if he would be agreeable to a ten foot utility
screening wall easement along Hightower Drive consisting of a 2.5 foot screening wall
easement with a 7 % foot utility easement in the back. Councilman Welch also stated
the plat was approved with lot size exceptions based on the width and he would like to
add those lots on final plat so it is not confusing in the future to the building officials.
Mr. Wood was agreeable to Councilman Welch's suggestions. Mr. Wood asked for
clarification on the application of the ordinance passed in the previous agenda item to
this final plat. Mr. Wood stated that developers abide by rules in place at the time an
application is first filed, and in his case first application would have been filed at the
time zoning application was filed. Mr. Wood expressed concerns that anything already
in process should have the opportunity to live by the existing rules. Mr. Staples advised
Mr. Wood that Vested Rights Act has no application in this situation.
Mayor Trevino advised Mr. Wood to discuss the issue with the City Manager and City
Attorney.
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Mr. Green summarized the case and presented staff recommendations and the
Planning & Zoning Commission's recommendation. The Planning & Zoning
Commission recommended approval with the stipulation that the 10 foot utility
easement shown on the front of the lots not be required. The purpose of the stipulation
was to make sure that any kind of above ground transformers or utility appurtenances
be located on the rear of the lot instead of the front of the lot.
Councilman Welch recommended that the ten foot utility easement on Lots 1-6, Block 2
be placed to the west of the 50 foot gas line.
COUNCILMAN WELCH MOVED TO APPROVE PS 2003..37 SUBJECT APPLICANT ADDING TALONG
HIGHTOWER DRIVE A 2.5 FOOT SCREENING WALL MAINTENANCE EASEMENT ADDITION TO THE
7.5 FOOT UTIUTY EASEMENT AND ALSO ADD TO THE PLAT BASED ON THE RECOMMENDATION
AND APPROVAL BY THE PLANNING & ZONING COMMISSION THOSE LOTS AND BLOCKS AS FAR AS
LOT SIZE, WIDTHS, DEPTH THAT ARE LESS THAN 72.5 FEET AT THE BUILDING LINE AT CUL DE
SACS AND AT ELBOWS. COUNCILMAN METTS SECONDED THE MOTION.
Councilman Welch clarified that the second part of motion was to add to the final plat
those lots that do not meet minimum lot width of 72.5 feet that was approved by the
Planning & Zoning Commission.
Motion to approve carried 7-0.
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Page 8
10.
PS 2003-42 CONSIDERATION OF A REQUEST FROM WHISPERING OAKS, LTD.
TO APPROVE THE FINAL PLAT OF WHISPERING OAKS ADDITION
(LOCATED IN THE 7000 BLOCK OF EDEN ROAD - 10.3 ACRES)
APPROVED
Mr. Joseph Rue, applicant's engineer, GSWW, 3950 Fossil Creek Blvd, Suite 210, Fort
Worth, and Mr. Gary Cantrell, developer, were present to answer questions.
Councilman Welch asked if applicant would be agreeable to a utility easement masonry
screening wall easement along Eden Road.
Mr. Rue was agreeable to Councilman Welch's suggestion.
Mr. Cantrell advised the project was to close later in the week and that the electrical
system had already been designed. Mr. Cantrell advised they had worked to preserve
the trees around the perimeter of the lots and the placement of the utilities in the rear
will have an adverse impact on the trees. Mr. Cantrell expressed concerns with the new
requirement to place all above ground utility appurtenances in the rear easement.
There was extensive discussion by the Council on the placement of the utilities in the
back easement, the environmental impact, and any additional costs the developer
might incur with the redesign by Oncor. Council was not in favor of imposing any
hardships on Mr. Cantrell or the previous applicant as a result of the approval of
agenda item number 8. Council's position was all underground utilities and
appurtenances are to be in rear easements unless it is not environmentally or
economically feasible. Council discussed that the City's Subdivision Regulations have
always required utility easements to be in the back of the property and not the front.
The issue is a result of Oncor's new policy to require placement of above ground
electrical appurtenances in the front. The Council discussed their desire to preserve
the trees on Mr. Cantrell's property and were in favor of working with Mr. Cantrell to find
a solution to the location of the above ground electrical equipment.
The City Attorney advised Council they could approve the plat as submitted and the
applicant could work with the City Attorney and City Manager to resolve the issue of
how Oncor will serve the property with the preservation of as many trees as possible.
Unnecessary easements on the plat can be eliminated later.
Mr. Dave Green, Zoning Administrator, summarized the case. Applicant is requesting
approval of a final plat for Whispering Oaks consisting of 37 lots for R-2 development.
The minimum lot size requirements are 9,000 square feet with a minimum house size of
2,000 square feet. The Planning & Zoning Commission recommended approval with
City Council Minutes
October 13, 2003
Page 9
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the stipulation that the ten foot utility easements shown on the front of the lots not be
required.
COUNCILWOMAN JOHNSON MOVED TO APPROVE PS 2003-42. COUNCILMAN LEWIS.
SECONDED THE MOTION.
MAYOR PRO TEM TOLBERT REQUESTED THE FOLLOWING AMENDMENT TO THE MOTlON-
APPROVE ITEM AS PLANNING & ZONING RECOMMENDED BUT THAT ANY LOTS WHERE THERE
ARE TREES THAT MIGHT BE IMPACTED THAT THOSE LOTS BE REVIEWED WITH P&Z STAFF AND IF
IT IS A PROBLEM THAT THE TRANSFORMER OR WHATEVER APPURTENANCE THAT NEEDS TO BE
PUT UP THERE BE ALLOWED ON THE FRONT OF THOSE PARTICULAR LOTS TO SAVE TREES AND
THAT CAN BE APPROVED BY P&Z STAFF.
COUNCILWOMAN JOHNSON AND COUNCILMAN LEWIS ACCEPTED THE AMENDMENT TO THE
MOTION.
Motion to approve carried 7-0.
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11.
PZ 2003-12 PUBLIC HEARING TO CONSIDER A REQUEST FROM J & J NRH 100
FAMILY LIMITED PARTNERSHIP FOR A ZONING CHANGE FROM "C-2"
COMMERCIAL TO "R-2" RESIDENTIAL (LOCATED IN THE 7500 BLOCK OF
NORTH TARRANT PARKWAY - 6.5 ACRES) - ORDINANCE NO. 2745
APPROVED
Mayor Trevino opened the public hearing.
Mr. Owen D. Long, representing the applicant, was present to answer questions.
Mr. Dave Green, Zoning Administrator, summarized the case. Applicant is requesting
to rezone a portion of the northeast corner of the intersection of North Tarrant Parkway
and Smithfield Road from C-2 zoning to R-2 Residential zoning. The Comprehensive
Plan indicates retail commercial uses for this area. The proposed use is not consistent
with the Comprehensive Plan; however it is consistent with a trend during the last year
and half to reduce identified commercial areas to residential use. The Planning &
Zoning Commission recommended approval of PZ 2003-12.
Mayor Trevino called for anyone wishing to speak in favor of the request to come
forward.
There being no one wishing to speak, Mayor Trevino called for anyone wishing to speak
in opposition to the request.
e There being no one wishing to speak Mayor Trevino closed the public hearing.
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October 13, 2003
Page 10
COUNCILWOMAN JOHNSON MOVED TO APPROVE PZ 2003·12. COUNCILMAN WELCH
SECONDED THE MOTION.
Motion to approve carried 7-0.
12.
PS 2003-46 PUBLIC HEARING TO CONSIDER A REQUEST FROM
RIVERCROWN INVESTMENT TO APPROVE THE FINAL PLAT
OF LOTS 1 R & 2R, BLOCK 1 RIVERCROWN ADDITION
(LOCATED IN THE 4800 BLOCK OF SUSAN LEE LANE -4.28 ACRES)
APPROVED
Mayor Trevino opened the public hearing.
Mr. Ernest Hedgecoth, consulting engineer and representing applicant, was available to
answer questions.
Mr. Dave Green, Zoning Administrator, summarized the case. The purpose of the
replat is to consolidate nine residential lots into o,ne commercial lot (Lot 2R) and
combine with an existing commercial lot (Lot 1 R) for the expansion of Huggins Honda.
Because the proposed Lot 2R is a residential replat a public hearing is required to be
held in accordance with the Local Government Code. The Planning & Zoning
Commission recommended approval of the final plat of Lots 1 Rand 2R, Block 1,
Rivercrown Addition.
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 2003-46. MAYOR PRO TEM TOLBERT
SECONDED THE MOTION.
Motion to approve carried 7-0.
13.
GN 2003-118 APPROVE CLOSING A PORTION OF THE 4800 BLOCK OF SUSAN
LEE LANE AND ABANDONING THE ASSOCIATED RIGHT-OF-WAY-
ORDINANCE NO. 2742
APPROVED
Combined with Agenda Item No. 14.
14.
GN 2003-119 APPROVE CITY-DEVELOPER AGREEMENT WITH HUGGINS HONDA
FOR RIVERCROWN ADDITION, BLOCK 1, LOTS 1 RAND 2R
APPROVED
City Council Minutes
October 13, 2003
Page 11
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Mr. Mike Curtis, Public Works Director, presented Items 13 and 14 together. Mr. Curtis
advised the approved expansion of the Huggins Honda Dealership incorporates a
portion of Susan Lee Lane into the site plan. The portion of Susan Lee Lane integrated
into the site plan must be closed and the right of way abandoned. Approval of
Ordinance No. 2742. identifies the portion of Susan Lee to be closed and abandoned.
The City Developer Agreement addresses the future maintenance of the masonry
screening wall to be installed on the east property line of the site and the
reimbursement of Community Development Block Grant (CDBG) funds for the
construction of Susan Lee Lane. The second phase of the dealership encompasses a
portion of the newly constructed Susan Lee Lane funded by the CDBG programs.
Councilman Metts moved to approve GN 2003-118 (approval of Ordinance No. 2742)
and GN 2003-119 (approving the City Developer Agreement with Huggins Honda for
Rivercrown Addition, Block 1, Lots 1R and 2R).
Motion to approve carried 7-0.
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15.
PZ 2001-33R1 PUBLIC HEARING TO CONSIDER A REQUEST FROM J. L. STEEL
L. P. FOR A TIME EXTENSION TO AN APPROVED SPECIAL USE PERMIT FOR A
CONCRETE BATCH PLANT OPERATION (LOCATED AT 6001 NORTH DICK
FISHER DRIVE) - ORDINANCE NO. 2746
APPROVED
Mayor Trevino advised he was a partner with J.L. Steel and as such he would be
abstaining. Mayor Trevino left the Council Chambers at 9:04 p.m. and Mayor Pro
Tem Tolbert presided.
Mayor Pro Tem Tolbert opened the public hearing.
Mr. Pat Pace, J.L. Steel, was available for questions.
Mr. Dave Green, Zoning Administrator summarized the case. A Special Use Permit
was granted to the applicant in December 2001 for the operation of a concrete batch
plant for a period of 24 months for the reconstruction and expansion of Rufe Snow.
The applicant is requesting an extension of the plant's operation to September 2004
because of delays in the project. The Planning & Zoning Commission recommended
approval of PZ 2001-33R1.
Mayor Pro Tem Tolbert called for anyone wishing to speak for or against the request to
come forward.
e There being no one wishing to speak Mayor Pro Tem Tolbert closed the public hearing.
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October 13, 2003
Page 12
COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE No. 2746. COUNCILWOMAN
JOHNSON SECONDED THE MOTION.
Motion to approve carried 7-0.
RECESS & BACK TO ORDER
Mayor Pro Tem Tolbert called a recess at 9:13 p.m.
Mayor Trevino returned to the Council Chambers and called the meeting back to order
at 9:17 p.m. with all Council Members present as recorded.
16.
GN 2003-121 CONSIDERATION OF ORDINANCE REVISING CHAPTER 5 OF THE
CODE OF ORDINANCES RELATING TO THE ADOPTION OF A COMPREHENSIVE
APARTMENT MAINTENANCE AND INSPECTION PROGRAM -
ORDINANCE NO. 2743
APPROVED
Mr. Dave Pendley, Building Official, presented the proposed ordinance. Council was
advised the proposed program was presented at a previous Pre-Council meeting and
council concerns and suggestions had been incorporated into the proposed ordinance.
The ordinance establishes a maintenance and inspection program for multi-family
housing units.
COUNCILMAN TURNAGE MOVED TO APPROVE GN 2003-121, ORDINANCE No. 2743.
COUNCILMAN LEWIS SECONDED THE MOTION.
Motion to approve carried 7-0.
17.
GN 2003-120 CONSIDERATION OF AN ORDINANCE REVISING CHAPTER 16,
CODE OF ORDINANCES, RELATING TO THE PARKING AND STORAGE OF SEMI
TRACTOR TRAILERS - ORDINANCE NO. 2748
APPROVED
Mr. Dave Green, Zoning Administrator, presented proposed ordinance prohibiting the
storing or parking of a trailer, tractor or combination of either on any public street or
right of way unless delivering to or picking up from the premise. Proposed ordinance
also prohibits the storing or parking of a trailer, tractor or combination of either on
private properties including any parking lot, playground, vacant lot, public or private
schools, church premises or residential property unless engaged in a pickup or delivery
to the location.
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October 13, 2003
Page 13
COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE No. 2748. COUNCILMAN TURNAGE
SECONDED THE MOTION.
Motion to approve carried 7-0.
18.
GN 2003-123 APPOINTMENT OF CHAIRMAN TO REINVESTMENT ZONE NO.1
AND CHAIRMAN TO REINVESTMENT ZONE NO.2
APPROVED
Ms. Patricia Hutson, City Secretary, advised that the bylaws for Reinvestment Zones
No. 1 and 2 require the Chairman to be appointed on an annual basis. Mayor Trevino
was appointed last year to serve as Chairman to both boards. Staff's recommendation
is to make the annual appointment of Chairman to Reinvestment Zone Number 1 and
Reinvestment Zone No.2.
COUNCILWOMAN JOHNSON MOVED TO APPOINT MAYOR TREVINO AS CHAIRMAN TO
REINVESTMENT ZONES No. 1 AND 2. COUNCILMAN WELCH SECONDED THE MOTION.
Motion to approve carried 7-0.
19.
GN 2003-124 APPOINTMENTS TO NAMING BOARD
APPROVED
Mayor Pro Tem Tolbert presented the Mayor's recommendation for the annual
appointments to the Naming Board. The ordinance requires the appointments to the
Naming Board to be made annually on or before November 1 for one-year terms. The
Mayor, subject to Council approval, makes the appointments. Mayor Trevino is
recommending Councilman Metts, Mayor Pro Tem Tolbert and Mayor Trevino for
reappointment to the Board.
COUNCILMAN TURNAGE MOVED TO APPROVE GN 2003-124, APPROVING THE
RECOMMENDATION OF THE MAYOR TO APPOINT COUNCILMAN METTS, MAYOR PRO TEM
TOLBERT AND MAYOR TREVINO TO THE NAMING BOARD. COUNCILMAN LEWIS SECONDED THE
MOTION.
Motion to approve carried 7-0.
20.
GN 2003-125 APPOINTMENT OF NEW MEMBERS TO
THE YOUTH ADVISORY COMMITTEE
APPROVED
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City Council Minutes
October 13, 2003
Page 14
Ms. Hartman, Assistant to City Manager, presented the Youth Advisory Committee's
recommendation for the appointment of Cheris Hart to a two year term and John
Mcintosh to a one year term.
COUNCILMAN WHITSON MOVED TO APPROVE GN 2003-125. MAYOR PRO TEM TOLBERT
SECONDED THE MOTION.
Motion to approve carried 7-0.
21.
GN 2003-126 NOMINATION OF TARRANT APPRAISAL DISTRICT
BOARD OF DIRECTORS - RESOLUTION NO. 2003-080
APPROVED
Mr. Cunningham advised the City's nomination to the Tarrant Appraisal District (TAD)
Board of Directors must be submitted by resolution to TAD by October 15. Staff is
recommending the nomination of Mr. John Henry Clanton. After the nomination is
submitted, Council will submit votes by resolution for nominee(s) of their choice by
December 15.
COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2003-126, NOMINATING MR. JOHN
HENRY CLANTON TO SERVE AS A MEMBER OF TARRANT ApPRAISAL DISTRICT BOARD OF
DIRECTORS. COUNCILMAN WHITSON SECONDED THE MOTION.
Motion to approve carried 7-0.
22.
PU 2003-047 AWARD ARCHITECT CONTRACT FOR FIRE STATIONS 2 & 3
REMODEL - RESOLUTION NO. 2003-079
APPROVED
Fire Chief Jones presented the recommendation of staff to authorize the City Manager
to enter into a contract with the architectural firm of Petrelli* associates, inc. and Cole +
Russell Architects to design the remodel of the City's Fire Stations NO.2 & 3.
COUNCILMAN TURNAGE MOVED TO APPROVE PU 2003-047 AND RESOLUTION No. 2003-079.
COUNCILMAN WHITSON SECONDED THE MOTION.
Motion to approve carried 7-0
23.
INFORMATION AND REPORTS
Councilman Lewis presented the following information and reports:
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City Council Minutes
October 13, 2003
Page 15
Announcements-
. Register today to learn how to use landscape lighting to enhance your home's
beauty, increase its value, and enjoy greater security. Keep NRH Beautiful is
presenting this seminar on Saturday, October 18th, at 1 :00 p.m. at the NRH Fire
Administration located at 7202 Dick Fisher. A low voltage fixture will be given away
for a door prize. Attendance is limited to the first 50 registered participants. To
register call 817-427-6651.
. Celebrate Halloween at North Hills Mall! We have big surprises for all the little
goblins! There will be a costume contest, carnival games and treats galore. Join us
for this "spook-tacular" event on Saturday, October 25, at 6:00 p.m.! For
information, call 817-427-6600.
Information
October 25
Critter Connection
North Hills Mall
1 0:00 a.m. - 6:00 p.m.
Kudos Korner:
Every Council Meeting, we spotlight our employees for the great things they do.
Kathye McCall, Dan Echols Senior Center - A note was received from a NRH resident
thanking McCall for all the improvements to the Dan Echols Senior Center. The Center
has a friendly atmosphere and great participation since she joined the City.
24.
ADJOURNMENT TO EXECUTIVE SESSION
Mayor Trevino announced at 9:35 p.m. on October 13 that the City Council would
convene in Executive Session in the Pre-Council Room to discuss personnel matters as
authorized by the Texas Government Code, Section 551. Council will discuss the
following personnel matter as authorized by Section 551.074 - Council appointed
positions. Mayor Trevino announced that the regular council meeting will be called
back to order following the executive session in the Pre-Council Room at which time the
Council will take action on any items discussed during the executive session.
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City Council Minutes
October 13, 2003
Page 16
25.
EXECUTIVE SESSION
26.
RETURN TO OPEN SESSION
Council re~urned from Executive Session at 11 :59 p.m. after completing the evaluation
of the City Manager.
27.
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-
COUNCIL AGENDA AND COUNCIL AGENDA
Personnel Matters - Council Appointed positions
Mayor Trevino announced in open meeting in the Pre-Council Room that the Council
had completed its annual evaluation of City Manager Larry Cunningham. Mayor
Trevino announced that an 8-0 Council consensus evaluation of Exceeds Expectations
of the City Manager. Mayor Trevino further announced that the City Manager had
recommended to Council that in light of the financial issues facing the City at this time
that no salary increase be approved. Council accepted this recommendation as
requested.
28.
ADJOURNMENT
Being no other business, Council meeting was adjourned at 12:01 a.m. Tuesday,
October 14,2003.
Oscar Trevino - Mayor
ATTEST:
Patricia Hutson - City Secretary
"
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 10/27/03
Subject: Approve Revisions to the Rules and Procedures for the Agenda Number: GN 2003-128
Capital Improvements Advisory Committee (CIAC)
Resolution No. 2003-082
The City Council adopted the Rules and Procedures for the Capital Improvement Advisory
Committee (CIAC) when the City began collecting water and sewer impact fees. The
CIAC members are the Planning and Zoning board members.
The revisions recommended by staff are very minor and are a result of changes in the
organization and titles of some employees in the Planning and Inspection Department. No
other changes have been made to the Rules and Procedures
Recommendation: To approved Resolution No. 2003-082.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds AvallaDle
Finance Director
~I ~:t-.
Departmen Hea Signature
~ B"""" D;""'"
, '6u ", . vJ
CAy ~n 9 .Q;gnarure c:Ý
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RESOLUTION NO. 2003-082
WHEREAS, it has been recommended the Rules and Procedures for the Capital
Improvements Advisory Committee be amended.
NOW, THEREFORE, BE IT RESOLVED:
1.
The City Council approves and adopts the amendments to the Rules and
Procedures for the Capitol Improvements Advisory Committee.
PASSED AND APPROVED this 27th day of October, 2003.
APPROVED:
Oscar Trevino, Mayor
e ATTEST:
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Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
APPROVED AS TO CONTENT:
)1/1 ;-L Þ C k.t
Mike Curtis, Public Works Director
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RULES AND PROCEDURES
CAPITAL IMPROVEMENTS
ADVISORY COMMITTEE
Revised - October 27,2003
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CITY OF NORTH RICHLAND HILLS, TEXAS
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
RULES AND PROCEDURES
1. ORGANIZATION AND OFFICERS
A. Organization:
The Capital Improvements Advisory Committee shall be composed of the
Planning and Zoning Commission. The Advisory Committee shall have at
least one member of the real estate, development or building industry who is
not an employee or official of the City. Ifno such representative is a member
of the Planning & Zoning Commission, at least one such representative shall
be appointed by the City as an ad hoc voting member of the Planning &
Zoning Commission when it acts as the Advisory Committee._ The Advisory
Committee shall èxercise such powers as prescribed by Chapter 395, Local
Government Code, as amended, and as further granted by the City Council of
the City of North Richland Hills, Texas.
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B. Officers:
The officers of the Planning and Zoning Commission shall hold like positions
on the Advisory Committee. Those officers shall be Chairman, Vice-
Chairman and Secretary, and each shall be selected in accordance with the
Rules and Procedures of the Planning and Zoning Commission.
c. Duties:
The Advisory Committee shall serve in an advisory capacity and IS
established by the City Council to perform the following duties:
1. To advise and assist the City Council in adopting Land Use
Assumptions.
2. To review the Capital Improvements Plan and file it's written
comments.
3. To monitor and evaluate implementation of the Capital
Improvements Plan.
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II.
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4. To file semi-annual written reports with respect to the progress
of the Capital Improvements Plan and report to the City Council
any perceived inequities in implementing the Plan or imposing
the Impact Fees.
5. To advise the City Council of the need to update or revise the
Land Use Assumptions, Capital Improvements Plan and Impact
Fees.
6. Provide other Impact Fee advisory services as directed by the
City Council.
D. Rules of Order:
Roberts Rules of Order, latest revision, shall be the Committee's final
authority on all questions of procedure and parliamentary laws not
covered by these rules and procedures. The Rules and Procedures of the
Advisory Committee shall be adopted and approved by the City Council.
Any modifications to the adopted Rules and Procedures shall first be
submitted to the City Council for formal approval. A certified copy of
these Rules and Procedures, and any amendments thereto, shall be filed in
the office of the City Secretary and be made available for public
inspection during regular business hours.
MEETINGS
Á. Quorum:
A quorum shall consist of four, (4) members and shall be required to
conduct official business and forward recommendations to the City
Council.
B. Agenda:
An agenda shall be prepared for each meeting by the Director of Planning
and Development. The agenda and all reference and statistical material
relating to agenda items shall be delivered to each Advisory Committee
member prior to each meeting allowing adequate time for review of and
familiarization with the agenda items.
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C. Meetings:
1. Calling Meetings:
Meetings of the Advisory Committee shall be called and conducted at
various times to fulfill the obligations outlined in Chapter 395, Local
Government Code, as amended, as well as directives of the City
Council. The Chairman shall call meetings and instruct the Zoning
Administrator to prepare an agenda and provide any required
information, reports or statistics.
2. Place of Meeting:
Meetings of the Advisory Committee shall be held in the North
Richland Hills City Hall unless otherwise directed by the Chairman,
with the approval of a majority of the Advisory Committee.
3. Time of meeting:
The Chairman shall establish a time for each called meeting of the
Advisory Committee.
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4. Public Notice:
All meetings of the Advisory Committee shall be open to the public
and shall be held in accordance with state law and the Charter and
Code of the City of North Richland Hills.
5. Work Sessions:
The Advisory Committee may convene in work session in order to
discuss any matter concerning Impact Fees. No official business shall
be conducted at such work session, and a quorum shall not be required.
III. OFFICIAL RECORDS
Á. Definition:
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The official records of the Advisory Committee shall consist of these
Rules and Procedures, Minutes of all Meetings, supporting documents
such as reports, calculations, and all other material used to approve Land
Use Assumptions, prepared written reports to the City Council and
supporting documentation for all recommendations.
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B. Minutes:
The minutes of the Advisory Committee meetings shall show the vote of
each member, or if absent or abstaining, shall indicate that fact.
C. Record Retention:
The official records of the Advisory Committee shall be kept In
accordance with the City's adopted Records Retention Schedules.
IV. HEARINGS AND DECISIONS:
A. Order of Business:
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The Chairman, or in his absence the Vice-Chairman, shall preside at all
meetings and shall decide all points of order or procedure. All letters of
transmittal and/or correspondence from the Advisory Committee shall be
over the signature of the Chairman. The Chairman shall call the
Committee to order and call the roll of the membership. The ~mbers
present and/or absent shall be recorded by the Zoning Administrator or his
designated representative. The minutes of any previous meeting shall be
submitted for approval. The public shall be advised of the procedures to
be followed in the meeting. The Zoning Administrator shall publicly
advise the Committee members of any communication received pertaining
to any matter pending before the Committee.
B. Presentation and Hearing:
1. The Chairman shall call on persons present who wish to speak to the
agenda items, and shall direct that they speak in the following order:
a. The proponent or his designated representative.
b. Those persons in support of the agenda item.
c. Those persons in opposition
Whenever necessary, the chairman shall direct that all remarks be germane
to the agenda item. At the Chairman's discretion, he may also impose a
specified time limit for each speaker wishing to address a particular item.
No rebuttal shall be allowed from either side, unless specifically granted
by a majority vote of the Committee. The Committee may direct
questions to any speaker in order to clarify statements and facts presented.
2. The chairman shall then declare the public presentation or hearing closed.
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3. A motion may be made by any member of the Committee, other than the
presiding officer.
4. Any motion may be approved or denied by a simple majority
vote of the members present. In the event of a tie vote on any motion,
the motion shall be considered denied and shall be so recorded.
Approved by the City Council of the City of North Richland Hills the _ day of
October, 2003.
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 1 0/27/03
Subject: Approve Additional Fundinq in the Amount of $4.522 and a Agenda Number: PW 2003-016
Time Extension for the Big Fossil Creek Watershed Interim
Feasibility Study - Resolution No. 2003- 083
The Policy and Technical Committee of the Big Fossil Creek Watershed Study met on
September 10, 2003, to discuss the progress of the Study. The U. S. Army Corps of
Engineers (USACE) informed the committee that it had experienced delays in the project
because of the technical issue related to the digital topographic data. The data did not
show a sufficient level of detail needed to complete the study. The USACE spent several
months trying to find a way to work around the deficiencies in the digital orthophotos, but
finally concluded that the study could not be completed using this data. The USACE
consulted with two different survey firms and determined that the topographic data could
be upgraded into a useable product by having some actual"field surveys" performed at
key areas (bridges, culverts, etc.).
The additional field surveys and processing time for the typography upgrade will result in
an additional cost to all eight cities in an amount of $70,000. Each city's pro-rata share of
the cost is determined by the percent of the watershed located in the corresponding city.
(same methodology used in the original study). The maximum cost to the City of North
Richland Hills if $4,522. The North Central Texas Council of Governments will bill the City
in the future. Since this amount will be invoiced in two separate payments (one this year,
one next year), the funding will come from the Public Works Department Operating
Budget.
The policy Committee noted unanimously to approve the additional funding and 26 month
time extension.
Recommendation: To approved Resolution 2003-083 supporting the increase in funding of
$4,522 and the 26 month time extension.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Available
Finance Director
jJ.A~~ C'~ oJ
Depãrtment Head Signature
Budget Director
~i~
Page 1 of _
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Resolution No. 2003-083
WHEREAS, the North Central Texas Council of Governments has facilitated local
governments in pursuit of a COMMON VISION for the Trinity River, induding watershed
management planning and stabilization of flood risks;·and
WHEREAS, the North Central Texas Council of Governments serves as
administrative agent on behalf of participating local governments in cooperation with the
U. S. Army Corps of Engineers for the Upper Trinity Feasibility Study, which identified
watershed management planning as a potential flood damage reduction alternative; and
WHEREAS, the Big Fossil Creek Watershed of the Upper Trinity River Corridor is
rapidly developing and has historically experienced significant flooding problems; and
WHEREAS, municipal and county jurisdictions within the Big Fossil Creek
Watershed, induding but not limited to Tarrant County and the cities of Fort Worth,
Haltom City, North Richland Hills, and Richland Hilts, intend to commit local matching
funds in cash and in-kind services for a Flood Protection Panning Study.
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. That the Executive Director of the North Central Texas Council of
Governments is authorized to apply for a grant for Flood Protection
Planning from the Research and Planning Fund of the Texas Water
Development Board on behalf of the City of North Richland Hills.
SECTION 2. That, on behalf of the City of North Richland Hills, the Executive
Director of the North Central Texas Council of Governments is
hereby authorized to enter into a contract with the Texas Water
Development Board for a Flood Protection Planning Study for the
Big Fossil Creek Watershed.
SECTION 3. That the City of North Richland Hills intends to commit local
matching funds in cash in an amount not to exceed $4522 for the
City of North Richland Hills' pro-rata share of the additional funding
needed for the Flood Protection Planning Study.
SECTION 4. That the City of North Richland Hills understands that a time
extension of 26 months is also required for the Planning Study.
PASSED AND APPROVED this the 27th day of October, 2003.
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ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
APPROVED:
Oscar Trevino, Mayor
CITY OF
NORTH RICHLAND HILLS
epartment: Public Works
Council Meeting Date: 10/27/03
Subject: Approve Subordination of Lien for Citv Owner AQreement Agenda Number: GN 2003-131
On Bannister Estate, Lot 1, Block 1.
The current property owners ·for Bannister Estates, Lot 1, Block 1 (Wesley D. Bannister
and Ellen F. O'Daniel) are wanting to take advantage of the low interest rates and
refinance their home mortgage. The City of North Richland Hills currently has a lien on the
property due to a City/Owner Agreement signed by Mr. Bannister when the property was
platted in 1993. The agreement specifies that the property owners will be responsible for
their share of street improvements abutting their property.
Before the refinancing can be complete, the title company is requiring the City to sign a
Subordination of Lien.
The City Attorney has reviewed the Subordination of Lien and observed that the new
subordination replaces an existing one and that the new subordination will not hurt the
City's position.
Recommendation: To approve the Subordination of Lien for Bannister Estates, Lot 1,
Block 1.
Source of Funds:
Bonds (GOlRev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds ÄvallaDle
Finance Director
/}lA ¡--~ CZ\ð-
Department Head Signature
(]V
Budget Director
~~
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 1 0/27/03
Subject: Consideration of an Ordinance Requiring a Permit for Agenda Number: GN 2003-129
Certain Establishments Selling Alcoholic Beverages for On Premise Consumption. Ordinance
No. 2747
Summary:
The purpose of this ordinance is to bring the current regulations concerning alcohol sales
for on premise consumption in line with state regulations as quickly as possible. Additional
stipulations regulating the districts permitting these uses and the requirement for a Special
Use Permit (SUP) will be forthcoming from staff. The attached ordinance will require all
establishments that derive more than 75% of their gross revenue from on premise
consumption of alcohol to:
· Obtain a permit from the Planning and Inspections Department;
· Not be permitted in a sexually oriented business;
· Not be located within 500 feet of a residence or another business that derives 75%
of its gross revenue from on premise consumption of alcohol;
· Be properly zoned.
Operators of these establishments shall be required to provide sales tax information to the
Planning and Inspections Department to insure compliance with the above zoning criteria.
RECOMMENDATION:
To approve Ordinance No. 2747
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Account Number
Sufficient Funds Available
Finance Director
oJ
'~~0#
GN2003-
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ORDINANCE NO. 2747
AN ORDINANCE REQUIRING A PERMIT FOR CERTAIN
ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES FOR ON
PREMISE CONSUMPTION; REQUIRING SALES TAX INFORMATION TO
DETERMINE COMPLIANCE; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; PROVIDING "A SEVERABILITY CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City Council desires to restrict establishments which derive 75% or more of
gross revenue from the sales of alcoholic beverages for on premise consumption
and to enact regulations which will better enable the City to ensure compliance;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS,
TEXAS:
Section 1:
THAT establishments deriving 75% or more of gross revenue from the sale of
alcoholic beverages for on premise consumption shall not be pennitted in the
City without a pennit issued by the City's Planning and Zoning Department.
No such pennit shall be granted for any establishment which is also a sexually
oriented business, 0 r which is located within 5 00 feet 0 fa ny residence 0 r
another establishment which derives more than 75% of its revenue from the sale
of alcoholic beverages for on premise consumption. No permit shall be issued
for any such establishment unless it is properly zoned.
Section 2.
Establishments which purvey alcoholic beverages for on premise consumption
shall be required to provide sales tax infonnation annually to the City's
Planning and Inspection Department to detennine whether they require pennits.
Such infonnation may be marked "confidential" and limited by the provider to
use in enforcement of these requirements.
Section 3:
Any person, finn or corporation violating any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon final conviction thereof fined in
an amount not to exceed Five Hundred Dollars ($500.00). Each day any such
violation shall be allowed to continue shall constitute a separate violation
punishable hereunder.
Section 4:
All rights and remedies of the City of North Richland Hills are expressly saved
as to any and all violations of the provisions of any ordinances affecting health
and safety which have accrued at the time ofthe effective date ofthis ordinance;
and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not
be affected by this ordinance, but may be prosecuted until final disposition by
the courts.
Ordinance No. 2747
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Section 5:
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable and,
if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional or otherwise invalid by the final judgment or decree
of any court of competent jurisdiction, such invalidity shall not affect any ofthe
reinaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without
the incorporation in this ordinance of any such invalid phrase, clause, sentence,
paragraph or section.
Section 5:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
AND IT IS SO ORDAINED.
Passed on the 27th day of October, 2003.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
Dave Green, Zoning Administrator
Ordinance No. 2747
Page 20f 2
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CITY OF
NORTH RICHLAND HILLS
Department PlanninQ & Inspections Department Council Meeting Date: 10/27/03
.bject: Consideration of an Ordinance Amending Chapter 16 of Agenda Number: GN 2003-130
Code of Ordinances Relating to the Parking and Storage of Recreational Vehicles in Residential
Areas. Ordinance No. 2749
Earlier this year the Council directed staff to pursue revisions to the current regulations
regarding the parking and storage of recreational vehicles in residential areas. Current
regulations for recreational vehicles including but not limited to travel trailers, motor
homes, boats, boat trailers, and camper tops require these vehicles to be parked on paved
surfaces and if located in the si,d~ or rear yard of a residence, screened with a 6' tall solid
fence.
The Planning and Zoning Commission and staff reviewed the regulations of several
adjacent communities along with photos of existing properties with recreational vehicles.
Although a public hearing was not held, the Commission did consider the matter at an
open public meeting. The consensus of the Commission was that the "grandfathering" of
existing recreational vehicles was not feasible. The City Attorney has determined that
"grandfathering" with the attached ordinance is not possible. The issue of "grandfathering"
would need to be addressed in the Zoning Ordinance rather than the Parking Chapter in
the Code of Ordnances. Ultimately the Commission's recommendation was to require all
recreational vehicles in residential areas to:
. Be parked behind the front building line on an interior lot;
. Be parked behind the front an~ side building lines on a corner lot.
To expedite the matter staff has brought forward the Planning and Zoning Commission's
Parking Ordinance amendment. If Council would like, staff can go back to the Commission
and develop a "grandfather" method of enforcement through the Zoning Ordinance.
Staff has considered its enforcement options for this ordinance. The planned approach will
be to begin issuing warning notices with a substantial time allotted for individuals to find
other legal storage areas. About 30 days after the warning, Code Enforcement Officers
Finance Review
Source of Funds:
Bonds (GOIR.ev.)
Operating Budget
Other
Account Number
Sufficient Funds Available
Finance Director
~W
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GN 2003-
, .
CITY OF
NORTH RICHLAND HILLS
will begin issuing citations to those still not in compliance. Staff would propose to use the
_ newspaper, water bills, flyers, Citicable and the web page to disseminate information
. regarding this new law.
RECOMMENDATION:
To uphold the Planning and Zoning Commission recommendation to approve
Ordinance No. 2749.
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ORDINANCE NO. 2749
AN ORDINANCE AMENDING ARTICLE V OF THE NORTH RICHLAND
HILLS CODE OF ORDINANCES AND ADDING A NEW SECTION 16-68
PROHIBITING THE PARKING OR STORAGE OF RECREATIONAL
VEHICLES AND OTHER EQUIPMENT IN FRONT OF BUILDING LINES ON
RESIDENTIAL LOTS; PROVIDING A PENALTY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the parking of recreational vehicles and storage of other equipment in front of
building lines and between the building line and adj acent streets on comer lots
is an eyesore and adversely affects property values; and,
WHEREAS, the City Council desires to enact restrictions which will prohibit parking and
storage of such vehicles except behind building lines; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS
TEXAS:
Section 1 :
THAT Article V of Chapter 16 ofthe North Richland Hills Code of Ordinances
be amended by adding a new Section 16-68 which shall read as follows:
"16-68.
Parking and Storage of Recreational Vehicles and other Equipment
Restricted.
No trailer, recreational vehicle, camper top, boat or boat trailer shall be stored, parked
or allowed to remain on any residential lot between the front building line and an adjacent
street or between a side building line of a comer lot and an adjacent street."
Section 2:
Any person, finn or corporation violating any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon final conviction thereof fined in
an amount not to exceed Five Hundred Dollars ($500.00). Each day any such
violation shall be allowed to continue shall constitute a separate violation and
punishable hereunder.
Section 3:
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases ofthis ordinance are severable and,
if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional or otherwise invalid by the final judgment or decree
of any court of competent jurisdiction, such invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this
Ordinance No. 2749
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ordinance, since the same would have been enacted by the city council without
the incorporation in this ordinance of any such invalid phrase, clause, sentence,
paragraph or section.
Section 4:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
AND IT IS SO ORDAINED.
Passed on the 27th day of October, 2003.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
Dave Green, Zoning Administrator
Ordinance No. 2749
Page 2 of2
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Announcements and Information
October 27, 2003
Announcements-Councilman Turnaae
The City is dedicating five neighborhood parks in the next few weeks and would love for
citizens to join us in these dedication ceremonies. We will have food, entertainment, the
unveiling of artwork, and many more activities for the entire family. The following is th.e
schedule:
Saturdav. November 1
1 :00 p.m. Founder's Park
2:30 p.m. Dick Faram Park
Fridav. November 7
3:30 p.m. Legacy Park at Foster Village Elementary
Saturdav. November 15
1 :00 p.m. Kay Granger Park at Mullendore Elementary
2:30 p.m. Clyde Zellar's Park at Snow Heights Elementary
We hope to see you there!!
NRH Library has been ranked third among the best public libraries in the state. The 5th
edition of Hennen's American Public Library Rating Index was released October 1,
ranking over 9,000 public libraries nationwide. NRH Library ranks third in the state
among the 26 libraries serving 50,000 - 100,000 population.
Information
November 8
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.
Officers Rodney McCrory and Mike McGuire, Police Department - A thank you card
was received from a NRH couple for the prompt response and courteous attention
shown by McCrory and McGuire at the scene of their automobile accident.
·
Announcements and Information
October 13, 2003
Announcements- Councilman Lewis .'
Register today to learn how to use landscape lighting to enhance your
home's beauty, increase its value, and enjoy greater security. Keep NRH
Beautiful is presenting this seminar on Saturday, October 18th, at 1 :00 p.m.
at the NRH Fire Administration located at 7202 Dick Fisher. A low voltage
fixture will be given away for a door prize. Attendance is limited to the first
50 registered participants. To register call 817-427-6651.
Celebrate Halloween at North Hills Mall! We have big surprises for all the
little goblins! There will be a costume contest, carnival games and treats
galore. Join us for this "spook-tacular" event on Saturday, October 25, at
6:00 p.m.! For information, call 817-427-6600.
Information
October 25
_ Critter Connection
North Hills Mall
1 0:00 a.m. - 6:00 p.m.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things
they do.
Kathye McCall, Dan Echols Senior Center - A note was received from a
NRH resident thanking McCall for all the improvements to the Dan Echols
Senior Center. The Center has a friendly atmosphere and great
participation since she joined the City.
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