Loading...
HomeMy WebLinkAboutCC 2003-08-11 Minutes MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - AUGUST 11, 2003 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 11th day of August, 2003 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Timothy J. Welch Staff Members: Larry J. Cunningham Greg Vick Karen Bostic Paulette Hartman Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Clay Caruthers Call to Order Mayor Mayor Pro T em Councilman Councilman Councilman Councilwoman Councilman Councilman City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Communications Director Budget Manager Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m. 1. Discuss Items from Reqular Auqust 11, 2003 City Council Meetinq None. 2. IR 2003-084 Review Modifications to Siqn Ordinance Reqardinq Recent Leqislative Chanqes City Attorney George Staples advised HB 212 would require revisions to the sign ordinance. Staff is seeking council direction regarding two proposed amendments. Currently Political Signs located in "AG" Agricultural and all "Rn Residential district are limited to no greater than six (6) square feet in size and three (3) feet in height. Other zoning districts are limited to no greater than fifty (50) square feet in size and six (6) feet City Council Minutes August 11, 2003 Page 2 in height. H.B. 212 limits the ability of cities to regulate signs on private property. It also restricts cities from more stringently restricting political signs than the city restricts others signs (ex: real estate signs). H.B. 212 would allow political signs to be placed in the right-of-way, but limit them to less than three (3) feet in height and six (6) square feet of sign face for each side. Signs may be placed no closer than three (3) feet from the edge of the pavement and no permission of the abutting property would be required. Staff is recommending that council consider: a. Outlaw all signs in the right-of-way; or b. Political signs be allowed on the weekends as is allowed for the real estate signs; or c. To allow the distance, height and size regulations as are allowed to real estate signs Mr. Staples advised that the city currently allows real estate companies to have small signs in the public right-of-way on weekends. Realistically, Mr. Staples does not believe that political opponents would remove their signs following a weekend. It may be more realistic to either allow or not allow signs in the right-of-way. Mr. Staples advised H.B. 212 stipulates signs that are abandoned, on-premise, commercial signs must be removed within thirty (30) days after the first anniversary of the date which the business ceases to operate; unless the premises where the sign is contained is leased, in which case the sign shall be removed within thirty (30) days after the second anniversary of the date that the tenant ceases to operate. On-premise signs identifying a business that ceases to operate shall not be altered to advertise another business unless the alterations conform to the city's regulations. Staff is proposing to enact the recently passed legislation. Mr. Staples advised that staff is looking at other changes to the sign ordinance, but felt these issues needed to be put in place to conform to legislature action. Mayor Trevino asked if right-of-ways applied to Texas Department of Transportation. Mr. Staples advised that council regulates the right-of-way except for the freeway right- of-way. The city has control for everything except the limited access roadways. Council discussed the placement of political signs in right-of-way abutting up to private property, removal of real estate signs in right-of-way and penalty fees for failure to comply with sign ordinance. Mr. Staples advised council he could not restrict the political signs in the right-of-way any more restrictedly than other permitted signs. If real estate signs are allowed in the area then political signs will be allowed. City Council Minutes August11,2003 Page 3 Mayor Pro Tem Tolbert asked if verbiage could be included to address the placement and distance of political signs within a determined square foot area. Mayor Trevino asked if the city could stop the placement of real estate signs in front of residential houses. Mr. Staples advised there might be a way that the city can restrict those signs to certain types of thoroughfares. Council consensus was for staff to move forward with an ordinance permitting real estate signs in thoroughfares only and that a restriction be placed on number of allowable signs within an area. 3. IR 2003-085 Discuss Ad-Hoc Committee for Chemical Toilet Amendment Mayor Trevino advised that he would like to appoint an ad-hoc committee to study chemical toilets. Mayor Trevino asked that Mayor Pro Tem Tolbert chair the committee and Councilman Welch and Councilman Lewis serve on the committee. Mayor Trevino asked Scott Sandlin and David Pokulda to represent the homebuilders and to have one representative from Trinity Waste. Council concurred with Mayor Trevino's appointments. Adjournment Mayor Trevino announced at 6:21 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 August 11, 2003 at 7:00 p.m. City Council Minutes August 11, 2003 Page 4 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 Councilwoman Councilman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Greg Vick Karen Bostic Alicia Richardson George Staples City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant City Secretary Attorney 2. INVOCATION Mayor Pro Tem Tolbert gave the invocation. 3. PLEDGE OF ALLEGIANCE Mayor Pro Tem Tolbert led the pledge of allegiance. 4. SPECIAL PRESENTATIONS None. 5. CITIZENS PRESENTATION None. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. City Council Minutes August 11, 2003 Page 5 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE JULY 28, 2003 COUNCIL MEETING B. MINUTES OF THE JULY 21, 2003 COUNCIL WORK SESSION C. PS 2003-34 CONSIDERATION OF A REQUEST FROM STINSON DEVELOPMENT CORPORATION TO APPROVE THE FINAL PLAT OF LOTS 1- 31, BLOCK A, GRACE MEADOWS ADDITION LOCATED IN THE 9400 BLOCK OF KIRK LANE (10.56 ACRES) D. PU 2003-037 AUTHORIZE CONTINUED PARTICIPATION IN THE COOPERATIVE PURCHASING PROGRAM WITH TEXAS BUILDING AND PROCUREMENT COMMISSION - RESOLUTION NO. 2003-063 E. GN 2003-090 APPROVE ABANDONMENT OF TWO (2) SANITARY SEWER EASEMENTS LOCATED ON TRACT 19, O. RUMFIELD SURVEY, ABSTRACT NO. 1365 - ORDINANCE NO. 2728 COUNCILMAN WHITSON MOVED, SECONDED BY COUNCILMAN LEWIS TO APPROVE THE CONSENT AGENDA. Motion to approve carried 7-0. 8. PZ 2003-15 PUBLIC HEARING TO CONSIDER A REQUEST FROM B.H. & L. JOINT VENTURE FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" RESIDENTIAL LOCATED IN THE 8400-8500 BLOCK OF NORTH TARRANT PARKWAY (1.98 ACRES) - ORDINANCE NO. 2725 APPROVED Mayor Trevino opened the public hearing. Mr. Owen Long, applicant, was available to answer questions from council. Councilman Metts asked Mr. Long if part of the property is located in the floodplain. Mr. Long advised council the bulk of the property was initially in the Federal Emergency Management Agency (FEMA) floodplain. Paperwork has been submitted to FEMA to have the property withdrawn from the floodplain. Mr. Long said he is waiting on FEMA to get the map revisions submitted. City Council Minutes August 11, 2003 Page 6 Councilman Metts asked if there would be any problems with property being removed from the floodplain. Mr. Long advised the Letter of Map Revision (LOMR) showed the property out of the floodplain. Mr. Long said that B.H. & L. has abided by the submitted Conditional Letter of Map Revision (CLOMR). Councilman Metts is concerned with the issuance of building permits in the event FEMA does not remove property from floodplain. Public Works Director Mike Curtis advised that staff has allowed builders to begin construction in areas. This allowance is only granted when it is apparent that all improvements have been met as stipulated in the LOMR, there are no issues by FEMA and the calculations show that no one will be flooded. Technically the map may show that the property is in the floodplain, but it will be removed once FEMA approves the LOMR. Mr. Curtis advised FEMA had a few issues with the submittal in January. There were some issues addressed and the developer's engineer corrected the issues, answered FEMA's questions and resubmitted LOMR to FEMA. Staff elected to stop building until the issues have been resolved before construction resumes. City Attorney George Staples advised no permits would be issued until staff gets approval from FEMA. Zoning Administrator Dave Green advised applicant is proposing to combine this tract with adjacent property to the south for a total of 10.00 acres to be developed as a single-family subdivision. The Planning and Zoning Commission recommended approval by a vote of 6-0. Staff concurs with the Planning and Zoning Commission. Mayor Trevino called for public comments. There being no one wishing to comment, Mayor Trevino closed the public hearing. COUNCILMAN METTS MOVED TO APPROVE PZ. 2003-15, WITH THE STIPULATION THAT NO PERMITS ARE ISSUED UNTIL LETTER IS RECEIVED FROM FEMA. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 7-0. 9. PZ 2003-19 PUBLIC HEARING TO CONSIDER A REQUEST FROM KIRBY COX FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL LOCATED AT 8601 CARDINAL LANE (3.34 ACRES) - ORDINANCE NO. 2726 APPROVED City Council Minutes August 11, 2003 Page 7 Mayor Trevino opened the public hearing. Mr. Kirby Cox, applicant, advised his house burned down in December 2002. Mr. Cox discovered, while in the process of submitting for permits, that his property was not in conformance with current zoning and platting regulations. Mr. Cox advised he is seeking approval of his zoning change request so he can rebuild his home. Mr. Green advised council that staff is working with Mr. Cox to expedite his request. Mr. Cox will be submitting preliminary and final plats for staff review. Mr. Green advised that Mr. Cox plans to have a horse on his property. The Planning and Zoning Commission recommended approval of 6-0. Staff supports Planning and Zoning's recommendation. Mayor Trevino called for public comments. There being no one wishing to comment, Mayor Trevino closed the public hearing. COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE No. 2726, PZ 2003-19. COUNCILMAN TIM WELCH SECONDED THE MOTION. Motion to approve carried 7-0. 10. GN 2003-091 SETTING DATE FOR PUBLIC HEARINGS FOR 2003-2004 CITY BUDGET, PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION AND CRIME CONTROL DISTRICT BUDGETS APPROVED Ms. Karen Bostic, Managing Director of Administrative and Fiscal Services advised it was necessary for City Council to set public hearings on the proposed 2003-2004 City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation and the Crime Control and Prevention District budgets. Per City Charter and State law a published notice is required for each public hearing. The hearings are set for August 25, 2003 beginning at 6: 15 p.m. for the Crime Control and Prevention District, 6:30 p.m. for the Park and Recreation Facilities Development Corporation and 7:00 p.m. for the City Budget. Since the proposed tax rate of 57c does not exceed 3% of the effective tax rate the City is not required to hold a public hearing on the proposed tax rate as done in the past. COUNCILMAN WHITSON MOVED TO APPROVE GN 2003-091. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 7-0. City Council Minutes August 11, 2003 Page 8 11. GN 2003-092 APPOINTMENT TO ALTERNATE ON KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION APPROVED Mayor Trevino advised council that the alternate position on Keep North Richland Hills Beautiful Commission is vacant. Mayor Trevino said he would like council to consider his appointment of Sarah Enfinger term expiring June 30, 2004. COUNCILWOMAN JOHNSON MOVED TO APPOINT SARAH ENFINGER TO ALTERNATE ON KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 12. GN 2003-093 CONSIDER CHANGING THE NAME OF BALLPARK ROAD TO NEWMAN DRIVE - ORDINANCE NO. 2727 APPROVED Public Works Director Mike Curtis advised staff recommends changing the name of Ballpark Road (located in Hometown NRH West - Phase 2 Addition) to Newman Drive. Currently Ballpark Road is an extension of an existing section of Newman Drive. The developer of Hometown NRH West has agreed to the name change. COUNCILMAN TIM WELCH MOVED TO APPROVE GN 2003-093. COUNCILMAN WHITSON SECONDED THE MOTION. Motion to approve carried 7-0. 13. GN 2003-094 AUTHORIZE CITY MANAGER TO RELEASE LIENS - ORDINANCE NO. 2729 APPROVED Assistant City Manager Greg Vick advised council took action on an ordinance authorizing the City Manager to be able to settle litigation below certain dollar levels with review by the City Council. Staff has discovered that there is no authority for settlements of liens by the City Manager. Staff discussed this with the City Attorney George Staples and he indicated that such authority should be granted to certain limits. The proposed ordinance authorizes the compromise and settlement of liens by the City City Council Minutes August 11, 2003 Page 9 Manager, upon recommendation by the City Attorney, in amounts not to exceed $15,000. Dollar amounts in excess of $15,000 would require council approval. COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2003-094, ORDINANCE No. 2729. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 7-0. 14. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA APPROVED None. 15. INFORMATION AND REPORTS Councilwoman Johnson made the following announcements. Sign up now for the fall Citizen's Police Academy. The twelve-week class begins Thursday, August 28,2003. For further information, call Officer Keith Bauman at 817- 427-7000. The Trinity Trash Bash is planned for Saturday, September 13. Volunteers are needed for this community litter cleanup. Keep NRH Beautiful will supply registered volunteers with gloves, trash bags, patches for scouts, lunch and entertainment! Call 817-427- 6650. August 16 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. Citicable, Communications Department - A letter was received from the Texas Animal Control Association expressing appreciation for the time and effort extended in completing the visual graphics tabletop display. The impressive, lighted mural exhibit will be utilized and admired for years to come. City Council Minutes August 11,2003 Page 10 16. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:~~ ~ Oscar Trevino - Mayor