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HomeMy WebLinkAboutCC 2002-09-23 Minutes MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 23,2002 - 6:00 P.M. Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Patricia Hutson Alicia Richardson George Staples Paulette Hartman John Pitstick Larry Koonce Mike Curtis Jenny Mabry Jim Browne Andy Jones Patrick Hillis Tom Shockley Thomas Powell City Manager Assistant City Manager Assistant City Manager Managing Director Fiscal/Administrative Services City Secretary Assistant City Secretary City Attorney Asst. to City Manager Director of Development Finance Director Public Works Director Communications Director Parks & Recreation Director Fire Chief Human Resources Director Police Chief Director of Support Services ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Trevino called the meeting to order at 6:00 p.m. DISCUSS ITEMS Agenda Item 6g - PW 2002-012 - Councilman FROM REGULAR Whitson inquired if one property owner was not SEPTEMBER 23, willing to provide the required easement and if 2002 CITY as a result, the City would have to go around the COUNCIL MEETING property. Staff advised that was correct. Council questioned staff if there were any alternatives. Mr. Curtis advised a couple of options had been looked at but this one was the most economical. Mr. Curtis briefed the Council on the situation. Council questioned whether the City could obtain the easement by condemnation. Council advised they would like to see the cost involved and a timetable. Item to Pre Council Minutes September 23, 2002 Page 2 be removed from the Consent Agenda and discussed further during the regular meeting. Agenda Item 6d - GN 2002-112 - Councilman Whitson questioned the developer agreement; questioned if the City was only buying a piece of land for the Library and not the entire site. Attorney Staples explained the original agreements still apply - there is a master document. Agenda Item 6f - PU 2002-038 - City Manager Cunningham advised Council they had been provided a revised cover sheet. When the analysis was done, TML's annual discount for payment of full premium was overlooked. TML's bid of $54,483.93 is the lowest bid. Staff is recommending that Council award the contract for property insurance to TML rather than Hartford Insurance Company. Consensus of Council was to remove this item from the Consent Agenda and vote on it as a separate NAN item. IR 2002-131 Mr. Curtis presented a PowerPoint presentation UPDATE ON updating the Council on the 2002 street STREET OVERLAY maintenance program and key CI P projects and AND MAJOR answered Council's questions. NAN CONSTRUCTION PROJECTS IR 2002-130 Ms. Mabry presented a PowerPoint presentation UPDATE ON updating the Council on the programs, activities CITICABLE and accomplishments of Citicable. NAN PROGRAMSI ACTIVITIES ADJOURNMENT Mayor Trevino announced at 6:32 p.m. that the Council would adjourn to Executive Session to discuss: 1) Consultation with Attorney as authorized by Local Government Code §551.071 - Shelton vs. NRH and Davis vs. NRH; 2) Land Acquisition for City Facilities as authorized by Local Government Code §551.072 and 3) Personnel matters as I authorized by Local Government Code I §551.074 - Fire Department. Mavor Trevino Pre Council Minutes September 23, 2002 Page 3 announced at 6:55 p.m. that the Council would recess to the regular Council meeting and reconvene in Executive Session after the regular meeting. , . \ ;', , ~ . I i ¡ ,.' / / .' "\\"'1"\;,\1 ./I A, ¡'III " V'_~~ 1/ ,"" ,).. ~.......... 'D ",~/// >.' Jf.:\' .., ", ~~ / .::-^-..,.. ." ,.... "/ {! cry n ....~~; ATI~: r r.-\. :=0\ ~.ï ~ . . . . . . . . '. ~~ ..... atriciá-H~t~ðt1- City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 23 ,2002 - 7:00 P.M. 1. CALL TO ORDER Mayor Trevino called the meeting to order September 23, 2002 at 7:02 p.m. ROLL CALL Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Steve Norwood Greg Vick Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Student from Green Valley Elementary School gave the invocation. 3. PLEDGE OF ALLEGIANCE Students from Green Valley Elementary School led the pledge of allegiance. 4. SPECIAL PRESENTATIONS YARD OF THE MONTH - JOHN PARASKEVAS, BEAUTIFICATION COMMISSION MEMBER The following Yard of the Month recipients were recognized: City Council Minutes September 23, 2002 Page 2 Larry Harper, 5944 Tourist Drive; Rick & Rebecca Vinson, 4709 Deville; Jim & Beatrice Green, 6316 Skylark Circle; Wilma Lee, 5009 Cummings; Jeff & Janet DeHoogh, 6116 Roaring Springs; Stephen & Cheryl Schwaebler, 6917 Meadow Road; Todd & Sandy Olsen, 8216 Thornbush Drive; Rodney & Jody Broussard, 7813 Amy Lane; and Rhodes & Julie Bolton, 7908 Chaddington Drive. The Texas SmartScape was given to Steve & Susan Phillips, 8305 Thornhill Drive. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA COUNCILMAN WHITSON REMOVED ITEM 6G. COUNCILWOMAN JOHNSON REMOVED ITEM 6F. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING SEPTEMBER 09, 2002 B. MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 09, 2002 C. GN 2002-111 AUTHORIZE CITY MANAGER TO SIGN SETTLEMENT DOCUMENTS - RESOLUTION NO. 2002-079 (EXECUTIVE SESSION - SHELTON CASE) D. GN 2002-112 RESOLUTION AUTHORIZING CITY MANGER TO PURCHASE LAND FOR LIBRARY (HOMETOWN AREA) - RESOLUTION NO. 2002-073 E. PU 2002-037 AWARD 2002 JAIL PAINTING PROJECT TO KUROSKY & COMPANY IN THE AMOUNT OF $44,922 F. REMOVED G. REMOVED COUNCILMAN WELCH MOVED, SECONDED BY COUNCILMAN WHITSON, TO APPROVE THE CONSENT AGENDA. Motion to approve carried 6-0. ."< _.<~_."_~M·~"···_,_"·_~_._··,_._~.,...,~o.·~,~_".·_O._"'_.~_~.~___~"~_ City Council Minutes September 23, 2002 Page 3 6F. PU 2002-038 APPROVE BID FOR PROPERTY INSURANCE - RESOLUTION NO. 2002-078 APPROVED COUNCILWOMAN JOHNSON MOVED TO APPROVE THE REVISED PU 2002-038, RESOLUTION No.2002..o78. Staff advised the item was revised after an error in the bid tabulation was identified. The annual discount for payment of full premium was overlooked in the original tabulation. After applying the annual discount, TML's bid of $54,483.93 is the lowest bid. Staff is recommending that the property insurance be awarded to TML in the amount of $54,483.93 for the policy term of October 1,2002 to September 30,2003. MOTION SECONDED BY COUNCILMAN TURNAGE. Motion to approve carried 6-0. 6G. PW 2002-12 APPROVE CIP BUDGET REVISION FOR SQUIRE COURT DRAINAGE IMPROVEMENTS TABLED COUNCILMAN WHITSON MOVED TO TABLE PW 2002·12 FOR FUTURE DISCUSSION. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to table carried 6-0. 7. PZ 2002-16 REVISION 1 PUBLIC HEARING TO CONSIDER A REQUEST FROM REBEL PROPERTIES III LTD. FOR A REVISION TO THE APPROVED PD PLANNED DEVELOPMENT FOR THE GLENWYCK VILLAS ADDITION (7.379 ACRES)- ORDINANCE 2657 APPROVED Mr. Mark Wood, Rebel Properties, presented the proposed revision to the approved Glenwyck Villas planned development site plan. Lot 22, Block 2, was proposed as a drainage detention site for the development. The applicant instead channeled the development's drainage through off-site easements to an existing system resulting in the use of Lot 22 as a detention facility unnecessary. Mr. John Pitstick, Director of Development, presented the request as it relates to City ordinances and regulations. The Planning and Zoning Commission recommended City Council Minutes September 23, 2002 Page 4 approval of the request subject to Note No.4 on the site plan revised to reflect 30 lots will have a minimum size of 1800 square feet. The applicant has revised the site plan in accordance with Planning & Zoning Commissions' recommendation. Mayor Trevino opened the public hearing and called for anyone wishing to speak in favor or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. MAYOR PRO TEM METTS MOVED TO APPROVE ORDINANCE No. 2657. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 6-0. 8. PZ 2002-17 PUBLIC HEARING TO CONSIDER AN APPEAL FROM FRANK M. PLEASANT FOR A SPECIAL USE PERMIT (SUP) FOR A SECONDARY LIVING UNIT AT 7213 TURNER TERRACE (DENIED BY PLANNING AND ZONING COMMISSION) - ORDINANCE NO. 2656 APPROVED Mr. Frank M. Pleasant, applicant, advised the Council the Planning and Zoning Commission denied his request for a special use permit for a secondary living unit by a vote of 4-3. Council approved in November of last year an ordinance allowing secondary living units or mother-in-law units in single family zoning with a special use permit. Mr. Pleasant requested Council to reconsider his request. The Council asked Mr. Pleasant several questions. Mr. Pleasant was asked if he was aware of the deed restrictions, how he would use the structure at some point in future when it is no longer needed for the intended purposes today and whether he had considered adding on to his house. Mr. Pleasant advised Council that he was not aware of the deed restrictions before he began the process. Mr. Pleasant could not say what he would do with the property in the future, but that he would not rent it out. He also advised that he did not want to build on to the back of his house because of an existing deck. The Attorney was asked to address whether the city enforced deed restrictions. Mr. Staples advised the City did not enforce deed restrictions and explained to Council the reason. Mr. Staples explained that ordinances do not overrule the deed restrictions. He further advised that zoning and deed restrictions are separate. .'. .^"^__·_'W"'''·_'''>~_'_·__'~'__~~''._'''''''''______'~__'~___~_~_'. City Council Minutes September 23, 2002 Page 5 Mr. Pleasant was asked about building a covered breezeway connecting the main structure with the secondary structure. The City Attorney said Mr. Pitstick advised him if the roof lines were connected, Mr. Pleasant would not need a Special Use Permit. Mr. Pitstick summarized the case and presented the recommendation of the Planning & Zoning Commission. Mr. Pitstick advised of the criteria that a secondary meeting unit must meet - permitted in any single family residential district after approval of a Special Use Permit; unit is to be used by the property owner and family or a relative of the occupants of the primary residence; unit shall not be rented or leased; on lots less than ~ acre in size, a walkway or similar feature shall connect the primary and secondary structure; if larger than ~ acre connection is not required; unit must meet the same architectural style as the primary structure; all standards must be met except for minimum gross living area, requirement for a garage/carport, and off-street parking; unit shall not have a separate utility meter. The Planning & Zoning Commission recommended denial. Mr. Pitstick advised of a petition from the surrounding property owners that meets state law requirements and will require a three-fourths Council vote to approve the appeal. There was extensive discussion on the connection of the two units with the roofline. Staff was asked to get the information from the Building Code concerning connecting the roofline and the interpretation by our Building Official Mayor Trevino opened the Public Hearing and called for any opponents. Mayor Trevino asked Mayor Pro Tem Metts to read into record those that did not wish to speak, but requested to go on record as being opposed: Mayor Pro Tem Metts read the following names into record as being opposed Ms. Marcy Byas, 7301 Turner Terrace Ms. Dorothy Hill, 7309 Turner Terrace Ms. Dorothy Morris, 7304 Briley Mr. Marion E. Morris, Jr., 7304 Briley The following spoke in opposition to the request: Ms. Lisa Barnes, 7212 Briley Ms. Katherine Massey, 7300 Turner Terrace Mayor Trevino called for anyone wishing to speak in favor to come forward. The following spoke in favor of the request: Ms. Vicki Clark, 7212 Turner Terrace Ms. Nikki Bullard, 7217 Turner Terrace City Council Minutes September 23, 2002 Page 6 There being no one else wishing to speak Mayor Trevino closed the public hearing. Councilman Tolbert asked that staff bring ordinance back to council to discuss and change the interpretation of the connecting roof line. COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE No. 2656. MOTION TO APPROVE SECONDED BY MAYOR PRO TEM METTS. MAYOR PRO TEM METTS ASKED FOR COUNCILMAN TURNAGE TO AMEND THE MOTION TO INCLUDE THE FOLLOWING THREE STIPULATIONS -1) THAT THERE IS A COVERED BREEZEWAY CONNECTING THE TWO STRUCTURES WITH THE APPROPRIATE ROOF OF THE SAME MATERIALS ACCORDING TO CITY CODES; 2) THAT THE CITY BE ABLE TO VERIFY ON AN ANNUAL BASIS THAT THE OWNER IS IN FACT THE OCCUPANT OF THE MAIN HOUSE AND THE ATTACHED STRUCTURE IS BEING USED AS SINGLE FAMILY DWELLING AS IT IS PROPOSED TO BE USED FOR; AND 3) APPLICANT AGREE THAT THE CITY WILL VERIFY THE RESIDENT IN ATTACHED STRUCTURE IS A BLOOD RELATIVE. COUNCILMAN TURNAGE ACCEPTED THE AMENDMENT. MAYOR TREVINO CONFIRMED THAT THE MOTION WAS TO APPROVE ORDINANCE No. 2656 WITH THE FOLLOWING STIPULATIONS NOTED ON THE SUP: VERIFICATION THAT OWNER OF THE MAIN HOUSE IS ALSO THE OCCUPANT OF SUCH SINGLE FAMILY RESIDENCE THE OWNER/OCCUPANT SHALL PROVIDE ACCESS AND COOPERATION FOR CITY ZONING DEPARTMENT TO ANNUALLY INSPECT DETACHED UNIT TO VERIFY USE AS A SINGLE FAMILY DETACHED DWELLING UNIT SHOULD DETACHED STRUCTURE NO LONGER BE OCCUPIED FOR USE APPROVED IN THE SUP A RELATIVE OF THE OWNER/OCCUPANT OF THE MAIN HOUSE IT SHALL NO LONGER BE USED FOR ANY OTHER PURPOSE AND SHALL REMAIN VACANT, BUT MUST BE MAINTAINED AS THE MAIN STRUCTURE HOME IS CARED FOR THAT THERE BE A COVERED BREEZEWAY BETWEEN THE MAIN AND DETACHED STRUCTURE Motion to approve carried 5-1 with Councilmen Welch, Turnage, Whitson, Mayor Pro Tem Metts and Councilwoman Johnson voting for and Councilman Tolbert voting against. Mayor Trevino recessed the meeting at 8:34 p.m. Mayor Trevino reconvened the meeting with same members present at 8:46 p.m. City Council Minutes September 23, 2002 Page 7 9. LRC 2002-01 PUBLIC HEARING TO CONSIDER A REQUEST BY SAM PACK OF PACK PROPERTIES FOR APPROVAL OF VARIANCES FROM ORDINANCE NO. 2473 LANDSCAPE REGULATIONS- ORDINANCE NO. 2655 APPROVED Mr. Tony Pack, applicant, informed council he is seeking the following variances: 15' landscape buffer adjacent to residential property required landscape islands in new parking lot 15' landscape buffer on 800 linear feet adjacent to Loop 820 frontage required landscape (trees) every 50 feet on 800 linear feet adjacent to Loop 820 The applicant is seeking the above variances due to the Loop 820 widening, which will cause applicant to lose property and 300 parking spaces. Although Five Star Ford will be compensated for any loss of property by the State, Mr. Pack stated that he could not afford to lose additional parking spaces without affecting the dealership. Councilman Welch said that he would like to see a wrought iron fence along Rufe Snow. Mr. Pack said that he would submit the idea to his father, but did not think he would agree to a wrought iron fence because it would hide their product. Mr. Pack asked council if they would be in opposition to additional landscaping instead of the wrought iron fence. Mayor Pro Tem Metts asked Mr. Pack to reconsider erecting a wrought iron fence. Mr. Pitstick advised council the site plan went before the Planning and Zoning Commission, but did not have the authority to grant variances. Mr. Pack is requesting to have the existing 15-foot landscape buffer, which is partially located on his property, serve as the required 15-foot landscape buffer. Mr. Pack is willing to add eight (8) additional trees on the property. Staff encouraged Mr. Pack to meet with the Homeowners Association (HOA) of the adjacent Meadow Lakes Subdivision to see if they would be in agreement with proposal. Mr. Pack has met with the HOA and staff has not received any calls or negative comments from the Homeowners Association. The second variance being requested is for required landscape islands. Per the landscape ordinance a landscape tree island is required for a new parking lot. The third variance is for a 15-foot landscape buffer. Mr. Pack is proposing a variance to vary the 15-foot landscape buffer on the 800 feet on the west portion of the property. Staff has contacted Texas Department of Transportation (TXDOT) and understands that they would allow landscaped areas to be maintained by adjacent owners provided that the ,.·_.·..".."._,.___w_'^'__·__''",~._"~".__,.-_..<.-,__"___,,_,___._~~________ City Council Minutes September 23, 2002 Page 8 State approves the final landscaped plan. Five Star Ford is requesting to use the grass portion of the future freeway as the required 15-foot landscaped buffer. Mr. Pack advised that he would irrigate the area. The last variance is for the placement of trees every 50 feet on the 800 linear feet adjacent to Loop 820. Currently the City requires one tree every 50 feet and Mr. Pack is requesting one (1) tree every 100 feet. Mr. Pitstick informed council that the request before council tonight is the recommendation of the Planning and Zoning Commission when they considered Five Star Ford's site plan. Councilman Whitson asked how large the greenbelt will be adjacent to Loop 820 frontage and if the greenbelt will have shrubs. Mr. Pitstick advised council that Mr. Pack has trees on his property with an irrigation system that runs the entire length of the 800 linear feet. Mr. Pack would landscape the area, but does not want to add any more trees. Mr. Pack did say that he would be willing to put in the necessary shrubs in TXDOT's right-of-way. Mr. Curtis informed council that the greenbelt is about 15 to 20 feet in width. Councilman Tolbert asked if there was any measure that staff can take to be certain that applicant would maintain the landscaping. Mr. Cunningham advised council that a provision could be included to stipulate that the State's right-of-way would be under the City's landscape ordinance and to the greatest extent allowed by the State. Mr. Curtis advised council that TXDOT would require the City to enter into a maintenance agreement for any landscaping that is in the right-of-way. The City can require same or similar agreement with the property owner. Mayor Trevino opened the public hearing and asked for anyone wishing to speak in opposition of request to come forward. Mr. Julian Perez, 6705 Corona, was not in opposition to request, but wanted to ask questions about the proposed lighting for Five Star Ford. Mr. Perez was advised that the lights would be addressed in Mr. Pack's site plan. There being no one else wishing to speak in opposition Mayor Trevino asked for anyone wishing to speak in favor of request to come forward. Mr. Charles Hoffman, 4917 Delta Court, spoke in favor of request. Mr. Pack's attorney Oscar Mohkamkar advised council that Mr. Pack is proposing to have a guardrail. Mr. Mohkamkar does not think that an ornamental fence is prettier City Council Minutes September 23,2002 Page 9 than landscaping. If the council would accept the suggestion of only allowing new vehicles to be displayed along Rufe Snow. Mayor Trevino closed the public hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE LRB 2002-01 WITH THE APPROVAL OF THE VARIANCE REQUESTS 1, 3, AND 4 FOR A LANDSCAPING SITE PLAN TO INCLUDE THE FOLLOWING STIPULATIONS: THE SIX (6) FOOT ORNAMENTAL FENCE FROM THE BACK BE CONTINUED ALONG ANY PART OF THE PROPERTY ALONG RUFE SNOW · THE FRONT FENCE BE COMPLETELY LANDSCAPED WITH THE FENCE AND LANDSCAPING TO BE APPROVED BY THE STAFF · AFTER THE COMPLETION OF 820 ALL OF THE PARKWAY OR RIGHT-OF-WAY TO BE LANDSCAPED IN ACCORDANCE WITH THE CITY'S REGULATIONS AS MUCH IS ALLOWED BY THE STATE Mayor Trevino clarified that the six (6) ornamental fences be buffered with landscape along the front. Mayor Trevino wanted clarification as to what is considered the front. Councilwoman Johnson said it would be along Rufe Snow. Mayor Trevino also wanted to clarify which variances were approved. Mayor Trevino wanted to know if Councilwoman Johnson's motion approved variances 1 through 4. Councilwoman Johnson believed that staff had requested that variances 1, 3, and 4 be approved. COUNCILMAN TURNAGE SECONDED THE MOTION. COUNCILMAN TOLBERT ASKED COUNCILWOMAN JOHNSON IF SHE WOULD CONSIDER THE FOLLOWING AMENDMENTS: ONLY REQUIRE LANDSCAPING FOR THE 800 LINEAR FEET ADJACENT TO RUFE SNOW MAINTENANCE AGREEMENT BE PUT IN PLACE AS APPROVED BY STAFF · THE EIGHT (8) NEW LIVE OAK TREES BE PLANTED ON THE SOUTH SIDE OF THE PROPERTY IN THE BERM AREA AND THAT THOSE TREES BE PLANTED PER THE AGREEMENT OF THE TWO (2) HOMEOWNERS ASSOCIATION THAT JOINTLY OWN THE BERM . WROUGHT IRON FENCE BE OMITTED AND ALLOW LANDSCAPING COUNCILWOMAN JOHNSON WAS NOT IN AGREEMENT WITH THE LAST AMENDMENT. COUNCILWOMAN JOHNSON ADVISED COUNCILMAN TOLBERT THAT THE THIRD AMENDMENT WAS INCLUDED WITH STAFF'S RECOMMENDATION AND THAT THE SHE WAS IN AGREEMENT WITH THE REMAINING AMENDMENTS. Councilman Welch asked for clarification when council talked about the back of the property. City Council Minutes September 23,2002 Page 10 Councilwoman Johnson mentioned that it was the southeast corner of the property. Mayor Trevino asked for clarification regarding the wrought iron fence along Rufe Snow is along the 16 parking spaces or auto spaces that is from Five Star Ford's entrance to the south. Councilwoman Johnson confirmed, but also said it includes any frontage along Rufe Snow that is owned by Sam Pack, Mr. Cunningham advised council that the area identified by Councilwoman Johnson is not a part of the case. COUNCILWOMAN JOHNSON CLARIFIED THAT THE WROUGHT IRON FENCE WOULD BE REQUIRED ALONG PROPERTY ON RUFE SNOW THAT IS PRESENTED IN THIS REQUEST. COUNCILMAN TOLBERT ASKED THAT THE MOTION INCLUDE THE PLAN BEING UPDATED TO REFLECT A 15-FOOT SETBACK ON RUFE SNOW TO FIX THE ERROR ON THE PLAN. THE FINAL MOTION IS TO APPROVE LRB 2002-01 WITH THE APPROVAL OF THE VARIANCE REQUESTS 1, 3, AND 4 FOR A LANDSCAPING SITE PLAN TO INCLUDE THE FOLLOWING STIPULATIONS: THE SIX (6) FOOT ORNAMENTAL FENCE FROM THE BACK BE CONTINUED ALONG ANY PART OF THE PROPERTY ALONG RUFE SNOW THE FRONT FENCE BE COMPLETELY LANDSCAPED WITH THE FENCE AND LANDSCAPING TO BE APPROVED BY THE STAFF ONLY REQUIRE LANDSCAPING FOR THE 800 LINEAR FEET ADJACENT TO RUFE SNOW MAINTENANCE AGREEMENT BE PUT IN PLACE AS APPROVED BY STAFF SITE PLAN BE UPDATED TO REFLECT A 15-FOOT SETBACK ON RUFE SNOW TO FIX THE ERROR ON THE PLAN COUNCILMAN TURNAGE SECONDED THE AMENDMENTS. Mayor Pro Tem Metts asked if the wrought iron fence would include brick columns. Councilwoman Johnson wanted to be sure that the fence complies with current regulations. COUNCILWOMAN JOHNSON WANTED HER MOTION TO REFLECT THAT THE WROUGHT IRON FENCE COMPLIES WITH THE CITY'S ORDINANCE TO INCLUDE BRICK COLUMNS. COUNCILMAN TURNAGE SECONDED THE LAST AMENDMENT. City Council Minutes September 23, 2002 Page 11 Mayor Trevino asked the City Attorney what would happen if Mr. Pack were not in agreement with council's motion. Mr. George Staples informed council that if Mr. Pack is not in agreement to the motion then his request would be denied. Motion to approve carried 6-0. 10. PZ 2002-13 PUBLIC HEARING TO CONSIDER A REQUEST BY SAM PACK OF PACK PROPERTIES FOR A ZONING CHANGE FROM C-2 COMMERCIAL AND 1-2 MEDIUM INDUSTRIAL TO HC HEAVY COMMERCIAL (LOCATED AT 6618 NE LOOP 820) FOR 5 STAR FORD AUTO DEALERSHIP (ITEM CONTINUED AT THE 8/26/02 CITY COUNCIL MEETING)- ORDINANCE NO. 2646 APPROVED Mayor Trevino opened the public hearing. Mr. Russell Killen, 6217 Roaring Springs, advised council this item was a concession that Mr. Pack made with the Planning and Zoning Commission and staff. Mr. Pack would downgrade the zoning for a piece of the property from Industrial to Commercial to prevent an individual from putting in for an Industrial use. Mr. Pitstick summarized item for council. The Planning and Zoning Commission recommends approval for this zoning change. Mayor Trevino informed Councilman Whitson that this would be the time to address the lighting that Councilman Whitson wanted to discuss during the LRB 2002-01. Councilman Whitson asked Mr. Pitstick if he had seen any lighting diagrams on the new lot that is being added along Rufe Snow. Mr. Pitstick advised council that he has not seen any lighting diagrams. Mr. Pitstick said that the applicant would be required to comply with the current ordinance. The current ordinance states that no light can shine or be directed onto adjacent property. Councilman Whitson asked Mr. Curtis if the right-in/right-out on the east side of the property would be reconstructed. Mr. Curtis advised council that when the section of Rufe Snow is widened from Loop 820 to Karen a median would be put in from Loop 820 to Meadow Lakes. City Council Minutes September 23, 2002 Page 12 Councilman Tolbert asked Mr. Pitstick to go over a few car uses that can be used in this new zoning (Heavy Commercial). Mr. Pitstick informed council the uses could be new auto/truck dealership, auto parts and sales with machine shop, auto inspections, auto alarm/stereo and window tinting, auto upholstery, bus passenger terminal, marine equipment/sales repairs, service station and almost all office and retail uses, home improvement centers, pest control, service stores, printing shops, sign shops, swimming pool and service store, warehousing, and upholstery shop. Mayor Trevino opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN TOLBERT MOVED TO APPROVE PZ 2002-13, ORDINANCE No. 2646. MAYOR PRO TEM METTS SECONDED THE MOTION. Motion to approve carried 6-0. 11. PS 2002-29 CONSIDERATION OF A REQUEST BY RUSSELL KILLEN OF HALFF ASSOCIATES INC. FOR THE APPROVAL OF A FINAL PLAT OF LOTS 1, 2R AND 3R OF THE FIVE STAR FORD ADDITION (LOCATED IN THE 6600 BLOCK OF NE LOOP 820) 18.78 ACRES (ITEM CONTINUED AT THE 8/26/02 CITY COUNCIL MEETING) APPROVED Mr, Tony Pack advised council that the request is to revise the existing lot pattern from 5 lots to 3 lots and to reflect the future NE Loop 820 right-of-way line. Mr. Pitstick summarized item for council. The Planning and Zoning Commission recommended approval of PS 2002-29. Councilwoman Johnson moved to approve PS 2002-29, the final plat of Lot 1 R, 2R, and 3R of the Five Star Addition. Councilman Turnage seconded the motion. Motion to approve carried 6-0. City Council Minutes September 23, 2002 Page 13 12. PZ 2002-18 CONSIDERATION OF A REQUEST FOR SITE PLAN APPROVAL BY FIVE STAR FORD AT 6618 NE LOOP 820 - (ITEM CONTINUED AT THE 8/26/02 CITY COUNCIL MEETING) APPROVED Mr. Pitstick advised council that this is not a public hearing, but since it is within 200 feet of residential property it requires council approval. Mr. Pitstick asked that when the site plan is approved it be stipulated that it conform to the landscape review (LRB 2002-01) approved by council. The height of the parking lights would need to be clarified. Staff would require that any lights placed on the property could not shine on any adjacent property. The lights would need to be directly reflected down on the property. Mr. Mohkamkar informed council that the lights would be about 15 feet above the ground. The building is about 18 feet above the ground. The lights have a cut-off shield that cuts off the lights at the property of Mr. Pack. COUNCILMAN TOLBERT MOVED TO APPROVE PZ 2002..18 A SITE PLAN FOR FIVE STAR FORD WITH THE STIPULATION THAT THE SITE PLAN FOLLOW THE LANDSCAPE REVIEW BOARD APPROVED SITE PLAN AND THE LANDSCAPING CHANGES MADE TONIGHT BY COUNCIL AND INCLUDE PLANNING AND ZONING'S RECOMMENDATION, BUT SPECIFIC TO COUNCILWOMAN JOHNSON MOTION MADE FOR LRC 2002-01 AND THAT THE MAXIMUM HEIGHT OF THE LIGHTS BE 15 FEET. Mr. Mohkamkar clarified that the height of the lights would be 24 feet in height. Mr. Mohkamkar thought the council was asking about the height of the building lights. COUNCILMAN TOLBERT CHANGED HIS MOTION TO HAVE THE LIGHTS AT A MAXIMUM OF 24 FEET. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 6-0. 13. PZ 2002-25 PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ADDING A NEW ARTICLE IX, "SEXUALLY ORIENTED BUSINESSES" TO CHAPTER 15 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES - ORDINANCE NO. 2659 APPROVED Mr. Pitstick advised council that the City Attorney recommended that the City's regulations be revised regarding "Sexually Oriented Businesses". The proposed new City Council Minutes September 23, 2002 Page 14 ordinance follows Texas statutes and takes advantage of state and federal cases, which have litigated the constitutional issues, and provides guidance and precedent. The following are the basic provisions of the new ordinance: provisions in the ordinance restricted these businesses to the Industrial Zoning District, at least 1,000 feet from the nearest church, school, park, residence, residentially zoned property, and other sexually oriented businesses the definition of "principal" as used to define the principal use of a business as a sexual oriented business is 35% of the sale volume, stock in trade or display areas registered massage therapist are exempted from the definition of sexually oriented businesses consistent with State law requirements the terms "adult bookstore" and "adult video store" are redefined to eliminate confusion concerning items which cannot logically or legally be defined as books or videos sexually oriented businesses are prohibited within 500 feet of Loop 820 the new ordinance specifies an annual license with a $500 fee The Planning and Zoning Commission approved the request to recommend changing the nomenclature from "Adult Entertainment Establishment" to "Sexually Oriented Businesses" and permitting them only in the 1-2 Industrial zoning district. Mayor Trevino asked Mr. Pitstick to address why the City is allowing the Sexually Oriented Businesses to locate in 1-2. Mr. Pitstick advised council by law the City has to allow for all uses. The council does not have to approve them, but allow for the uses in our community. Mayor Trevino called for comments in favor of request to come forward. There being no one wishing to speak Mayor Trevino called for comments opposed to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. MAYOR PRO TEM METTS MOVED TO APPROVE PZ 2002-25, ORDINANCE No. 2659. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approved carried 6-0. 14. GN 2002-113 CONSIDERATION OF AN INTERLOCAL AGREEMENT ESTABLISHING THE NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT (NETSUTD) - RESOLUTION NO. 2002-077 APPROVED City Council Minutes September 23, 2002 Page 15 Ms. Paulette Hartman advised council the purpose of this request is to establish an interlocal agreement between the eight (8) member cities of the NETS program. The agreement will establish a board and a district to oversee the operation. COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2002-113, RESOLUTION No. 2002-077. COUNCILMAN WHITSON SECONDED THE MOTION. Motion to approve carried 6-0. 15. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS Councilman Tolbert announced the following: The Fire Department will host their annual Open House on Saturday, October 5th. There will be great entertainment and educational information for families to learn about fire safety. Kids especially love the big fire trucks! So bring your family to this fun, free event starting at 10:00 a.m. at Fire Station 4, 7202 Dick Fisher Drive. Candidate filing for Place 7 will continue through October ¡th. Residents can obtain an application from the City Secretary's Office at 817-427-6060. The election for City Council Place 7 will be on November 5th. MasterWorks will perform its final performance of the season at the NRH Library on October 8th. 4 Ever Young, an a capella/doowop vocal group, will begin their show at 7:00 p.m. Councilwoman Johnson announced the following: September 28 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817-427-6570 City Council Minutes September 23, 2002 Page 16 16. ADJOURNMENT Mayor Trevino announced at 10:16 p.m. that the regular Council meeting was adjourned and that the Council would reconvene the Executive Session in the Pre- Council Chambers. Council returned to open session in the Council Chambers at 10:23 p.m. and the meeting was adjourned. 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