Loading...
HomeMy WebLinkAboutCC 2003-10-27 Agendas . . 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. tit 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. POSTED /¿;dÇl. (}3 n. /0:ó10 ¿:¡ /}1 Time ,It o~ 1 0/27/03 City Council Agenda Page 1 of 3 . . 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. . 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 . 10/27/03 City Council Agenda Page 2 of 3 · · · 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 POSTED /¿Jdl103 n. IO:dO ~ m Time 10/27/03 City Council Agenda Page 3 of 3 CIt,v 5«:Ne.i ø~ 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. ~ 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 o. ~ 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 · 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. . · 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 i " . . 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 , e- ~\'-P" ~ ~'1.-,'1·\J><'i~ . := ~'\~ /"1 ~~ ~ .~tl~ ~ ~ >-- 17 T -~ :: ~ _ ~~\It~;: \ -~t -~.---v: ~ w~ t I -=-~ 1 ~ ~L- / ~ í ~ W rJ -'. '¡f -- ~......, ~ '-rfll , - ""1t -~\.JP>-" - -"" \ ........... - - ~ Smithfield Road - ~"" ~ North of Bursey - 1..., r-----L--- -.---------, ~ ,.... ...., - 'K IT Bursey Road r-¡-.... L- .1- .1- iI West of Smithfield ~~~~~~ ..=- t- "- f-- ~ 'IT ~ .- I..... ~ Bursey Road I.....' / þ: ~1--tJ: ¡ , --r::_ }-( - -= L-. ........ / East of Smithfield f-.: 1--t::..,.J. / ..~ . ,").(, f- 'f'::. II .1 -- ) \ '"- '"- I-- ......... ~~ ~, ~ r¡(~ y . '-.. ~ r: ..::¡.,~ 0~~ =~~ ~ / \% IW':: - ~~ ~ ~ f>. ~ I - i" r--=::: \J Smithfield Road ~ . RO "'- f- I-- '\.J II I South of Bursey f- ìt r. r . ÞI:t f- I N NRH fA. Exhibit A - 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 e Ni~H 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. I ,/,.1",\ , ^I ì' ~ 1 \ \ .". '. .~ 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~" . ·..r,,,!ÍOI":'.:.:..~·.· ...) ,{Il.''J,,;t, ,...>".., "¡ç , , '" e e e 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 e e e City Council Minutes October 13, 2003 Page 2 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 e e e 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 e e e City Council Minutes 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 e e City Council Minutes October 13, 2003 Page 5 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 e e e 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 e 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. e 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. e e e e City Council Minutes October 13, 2003 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 e 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. e 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. e e e City Council Minutes 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 e 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. e 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. e e e City Council Minutes 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. e e e City Council Minutes 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 e e e 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: e e e 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. e e e 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 e 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: e 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 e e e RULES AND PROCEDURES CAPITAL IMPROVEMENTS ADVISORY COMMITTEE Revised - October 27,2003 e 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. e 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. e 2 e e II. e 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. 3 e 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. e 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: e 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. 4 e 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: e 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. e 5 e e e 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. 6 ,1 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 _ " e e e 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. p e e e 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- e 2 4 6 8 10 12 14 16 18 20 22 e 24 26 28 30 32 34 36 38 40 42 44 e 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 Page lof2 e 2 4 6 8 10 12 14 16 18 20 22 e 24 26 28 30 32 34 36 38 40 e 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 ~ -) "'" 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 ~~# 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. 1 . e 2 4 6 8 10 12 14 16 18 20 22 e 24 26 28 30 32 34 36 38 40 e 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 Page 1 0[2 , . e 2 4 6 8 10 12 14 16 18 20 22 e 24 26 28 30 32 34 36 e 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 e e e 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. e