HomeMy WebLinkAboutCC 2003-10-27 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 - OCTOBER 27, 2003
PRE-COUNCIL SESSION
The City Council of the City of North Richland Hills, Texas met in Pre-Council session
on the 2ih 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
Staff Members: Larry J. Cunningham
Greg Vick
Paulette Hartman
Patricia Hutson
Alicia Richardson
George Staples
John Pitstick
Larry Koonce
Mike Curtis
Jenny Mabry
Dave Green
Call to Order
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
City Manager
Assistant City Manager
Assistant to City Manager
City Secretary
Assistant City Secretary
City Attorney
Director of Development
Finance Director
Public Works Director
Communications Director
Zoning Administrator
Mayor Trevino called the Pre-Council meeting to order at 5:45 p.m.
1. Discuss Items from Reqular October 27,2003 City Council Meetinq
None.
2. IR 2003-112 Discussion - Possible Joint Committee Reqardinq Naminq of
Grapevine Hiqhway Naminq
Mayor Trevino advised council he would rather have three council members represent
North Richland Hills. Mayor Trevino said that he would see if Mayor Stroder is
acceptable to having three council members as opposed to two council members.
Mayor Trevino appointed Councilman Turnage, Councilman Metts and Councilwoman
Johnson.
City Council Minutes
October 27, 2003
Page 2
3. IR 2003-114 Discussion of an Ordinance Amendinq Chapter 16, Code of
Ordinances, Relatinq to the Parkinq or Storaqe of Recreational Vehicles in
Residential Areas (Agenda Item No.1 0)
Mr. Green advised council that staff discussed concerns with recreational vehicles in
residential areas at a pre-council meeting in June. Council discussed their concerns
with the safety of motor homes that take up the entire driveway and block sidewalks to
adjacent neighbors. Council directed staff to discuss these concerns and the possibility
of grand-fathering existing motor homes with the Planning and Zoning Commission.
Mr. Green advised current regulations for recreational vehicles including but not limited
to travel trailers, motor homes, boats, boat trailers, and camper tops are required to be
parked on paved surfaces and if they are located in the side or rear yard of a residence
they must be screened with a 6-foot solid fence. The Planning and Zoning Commission
discussed the item twice in August during their work session. The consensus of the
Planning and Zoning Commission and staff was that the grand-fathering of existing
recreational vehicles and locations is not feasible from an enforcement perspective.
The recommendation of the Planning and Zoning Commission is to require all
recreational vehicles to be parked behind the front building setback of interior lots and
corner lots requiring placement behind both the front and side yard building setbacks.
Mr. Green advised the City Attorney's ordinance is placed in Chapter 16, Article V.
Parking Requirements, of the Code of Ordinances. The City Attorney felt this
amendment as well as the recently approved changes to the semi-truck/trailer
regulations would be best located in one central area that deals with parking-related
issues for the ease of enforcement. Mr. Green showed council pictures of existing
motor homes that met current regulations and pictures of motor homes, trailers,
campers that were not in compliance with current regulations.
Councilwoman Johnson asked if the height of the vehicle was considered by staff and
Planning and Zoning Commission.
Mr. Cunningham advised council their concerns were taken to the Planning and Zoning
Commission for their discussion and recommendation.
Councilman Tim Welch asked staff for an estimate on vehicles that could be grand-
fathered.
Mr. Green advised council there would be at least a couple hundred vehicles.
Council discussed the manner in how staff would address vehicles if they were grand-
fathered and the time frame citizens had to become compliant.
Mr. Cunningham advised council that staff could include verbiage that addressed the
maximum amount of time allowed to be compliant.
City Council Minutes
October 27, 2003
Page 3
Council took action on the ordinance during the regular Council meeting.
4. IR 2003-113 Transportation Improvements in the Northern Part of the City
Mr. Curtis advised the city has been asked to participate in several street improvements
associated with the proposed Forest Glenn West development. The developer is
requesting the City to participate in the new Bursey Road extension east of Smithfield
Road, the unimproved section of Bursey Road west of Smithfield, the new Smithfield
Road alignment north of Bursey Road, and the unimproved section of Smithfield Road
south of Bursey Road. If the City chooses to participate, two major collector streets
(Bursey Road and Smithfield Road) will be improved to the width identified on the
Master Thoroughfare Plan. The improvements could probably be constructed at a
lower cost as compared to several years in the future. If the City chooses to participate,
the City's share could come from the $2,000,000 in the 2003 Bond Program for
"unspecified street improvements". The developer has indicated that that he would pay
for all improvements and allow the City to reimburse him in the future. The developer
has said that he would finance the City at 7% interest. If the City chooses not to
participate the developer will be required to construct his portion of Bursey Road and
Smithfield Road adjacent to Forest Glenn West. The developer is in the process of
completing his construction plans and needs to know if the City would be interested in
participating in the above street projects. Mr. Curtis advised that the City has the option
to participate in part of the improvements. The developer is seeking City's participation
for all the improvements, but the most critical is Bursey Road (east and west of
Smithfield) and Smithfield Road south of Bursey Road. If the City chooses to
participate in these improvements the City's share of the cost would be $235,000. Mr.
Curtis also informed council that the home owners on Bursey Road Gust east of
Smithfield Road) are willing to dedicate the right-of-way in lieu of being assessed for the
street improvements for Bursey Road.
Council consensus was to move forward with Bursey Road east and west of Smithfield
and Smithfield Road south of Bursey Road. Council also asked staff to determine the
dollar value of the street assessments for the homeowners on Bursey Road before
accepting their dedicated right-of-way.
5. Executive Session
Mayor Trevino announced at 6:34 that Council would adjourn to Executive Session as
authorized by the Texas Government Code §551.087 to discuss economic
development at North Hills Mall and deliberate on real property as authorized by the
Government Code §551.072 for land acquisition south of Loop 820 area.
6. Adjournment
Mayor Trevino announced at 6:48 p.m. that the Council would adjourn to the regular
Council meeting.
City Council Minutes
October 27,2003
Page 4
REGULAR COUNCIL MEETING
1.
CALL TO ORDER
Mayor Trevino called the meeting to order October 27,2003 at 7:00 p.m.
ROLL CALL
Present:
Oscar Trevino
Joe D . Tolbert
John Lewis
Scott Turnage
Frank Metts, Jr.
JoAnn Johnson
David Whitson
Timothy J. Welch
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Staff:
Larry J. Cunningham
Greg Vick
Patricia Hutson
Alicia Richardson
George Staples
City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
2.
INVOCATION
Rachel Matheson, student from North Ridge Elementary, gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Cameron Webb, student from North Ridge Elementary, led the pledge.
4.
SPECIAL PRESENTATIONS
YARD OF THE MONTH -
City Council Minutes
October 27, 2003
Page 5
Kathy Luppy, Keep NRH Beautiful Commission and Mayor Pro Tem Tolbert recognized
the following yard of the month recepients.
Stephen & Diana Finstad, 6412 Suncrest Court; John Jones, 6745 Cylinda Sue
Circle; Eddie & Kim Frazier, 7016 Meadow Park South; Charles & Glenda
Feargeant, 8113 Bridge; Ed & Rosa Santiago, 6737 Lucas Lane; Anthony &
Celeste Malozzi, 7001 Herman Jared Drive; Terri Loddick, 7517 Peachtree Trail;
Rodney & Mary Burns, 7913 Kandy; Texas SmartScape Winner J. W. Curtis II,
6884 Green Leaf and Business Landscape Winner Summit Bank, 8501 Davis
Boulevard.
PROCLAMATION - MUNICIPAL COURT WEEK
Mayor Pro Tem Tolbert presented proclamation to Debbie Durko, Court Clerk, and Ray
Oujesky, Municipal Judge, for Municipal Court Week.
5.
CITIZENS PRESENTATIONS
Elisa Hediger, 4825 Susan Lee Lane, expressed her concern with violence and gang
activity in the schools.
Lori Karlis, 5601 Mary Court, expressed her concerns with taxes, BISD and business
closures in North Richland Hills.
Mayor Trevino asked City Manager Larry Cunningham to contact Ms. Hediger and Ms.
Karlis regarding their concerns.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE OCTOBER 13, 2003 COUNCIL MEETING
B. GN 2003-128 APPROVE REVISIONS TO THE RULES AND PROCEDURES FOR
THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE - RESOLUTION NO.
2003-082
City Council Minutes
October 27, 2003
Page 6
C. PW 2003-016 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
COUNCILWOMAN JOHNSON MOVED, SECONDED BY COUNCILMAN TURNAGE TO APPROVE THE
CONSENT AGENDA.
Motion to approve carried 7-0.
8.
GN 2003-131 APPROVE SUBORDINATION OF LIEN FOR CITY OWNER
AGREEMENT ON BANISTER ESTATE, LOT 1, BLOCK 1
APPROVED
Public Works Director Mike Curtis advised property owners Wesley D. Bannister and
Ellen F. O'Daniel are refinancing their home mortgage to take advantage of the low
interest rates. 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. The Title Company is requesting
that the City sign a subordination of lien, which is required to refinance. The City
Attorney has reviewed the subordination of lien.
COUNCILMAN LEWIS MOVED,. SECONDED BY COUNCILMAN TURNAGE TO APPROVE GN 2003-
131.
Motion to approve carried 7-0.
9.
GN 2003-129 CONSIDERATION OF AN ORDINANCE REQUIRING A PERMIT FOR
CERTAIN ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES FOR ON
PREMISE CONSUMPTION - ORDINANCE NO. 2747
APPROVED
Zoning Administrator Dave Green advised council staff is taking advantage of state law
with regard to alcohol sales for on premise consumption. Ordinance No. 2747 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; and be properly zoned. Operators of these
City Council Minutes
October 27,2003
Page 7
establishments will be required to provide sales tax information to the Planning and
Inspections Department to insure compliance.
COUNCILMAN WELCH MOVED, SECONDED BY COUNCILMAN LEWIS TO APPROVE GN 2003-129.
Motion to approve carried 7-0.
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
APPROVED
Mr. Green advised staff has prepared an ordinance that addresses the regulation of
parking and storing of recreational vehicles in residential areas. The Planning and
Zoning Commission discussed council concerns with regard to parking and storing of
recreational vehicles. The Planning and Zoning Commission and staff reviewed
regulations of several adjacent communities, but each regulation was different from
what North Richland Hills is trying to achieve. The Planning and Zoning Commission
also reviewed pictures of existing recreational vehicles within the city limits. The
consensus of the Commission was to have all recreational vehicles in residential areas
to be parked behind the front building line on an interior lot and be parked behind the
front and side building lines on a corner lot. The Commission felt that grand-fathering
of existing recreational vehicles would not be feasible. Mr. Green advised council staff
would begin issuing warning notices with a substantial time allotted for individuals to
find other legal storage areas. Staff proposes to use the newspaper, water bills, flyers,
Citicable and City website to disseminate information to the citizens.
Mayor Trevino advised council he received a request to speak form from a citizen.
Mayor Trevino asked for council approval to hear citizen comments since this item is
not a public hearing.
Mr. Marvin L. Hunt, 6520 Crane Road, said that he realizes there is a problem with the
parking and storing of recreational vehicles, but could not offer any suggestions.
Mr. Joe Honea, 6820 Crane Road, believes that the line of sight problem should apply
to all vehicles and not just motor homes. Mr. Honea also wanted to know if there would
be a temporary time to allow for loading and unloading of the vehicles. Mr. Honea also
suggested possible deed restrictions to address the line of sight problem.
Ms. Karen Whitmore, 5720 Guadlajara, voiced her concern for the senior citizens in
North Richland Hills who own recreational vehicles.
Ms. Ray Higgins, 8308 Forest Oak, said he was in favor ordinance.
City Council Minutes
October 27, 2003
Page 8
COUNCILMAN METTS MOVED TO APPROVE ORDINANCE No.. 2749 WITH NO GRAND-FATHERING,
BUT ALLOW GENEROUS TIME (ONE YEAR) FOR CITIZENS TO COMPLY. COUNCILMAN LEWIS
SECONDED THE MOTION.
MAYOR PRO TEM TOLBERT ASKED THAT A FRIENDLY AMENDMENT TO INCLUDE A 48-HOUR TIME
FRAME TO ALLOW FOR LOADING AND UNLOADING OF VEHICLES WITH VERBIAGE OF SUCH TO BE
PROVIDED BY CITY ATTORNEY.
Councilman Metts accepted the amendment and Councilman Lewis seconded the
amendment.
COUNCILMAN WHITSON BELIEVES THE LENGTH OF TIME TO COMPLY IS TOO LONG AND
SUGGESTED A FRIENDLY AMENDMENT OF 90 DAYS TO COMPLY WITH REGULATION.
COUNCILMAN METTS SAID THAT HE COULD NOT ACCEPT 90 DAYS, BUT WOULD AMEND HIS
MOTION TO 6 MONTHS FOR TIME COMPLIANCE.
Councilman Lewis accepted the amendment proposed by Councilman Metts.
Staff clarified that the enforcement of the ordinance would begin 6 months from the
date of passage.
Councilman Tim Welch asked if guests of citizens are addressed in the ordinance.
City Attorney George Staples said the ordinance does not apply to those vehicles
parked on streets.
Mayor Trevino asked the City Attorney to address vehicles that park on streets and
bring to council for action.
Motion to approve carried 7-0.
11.
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-
COUNCIL AGENDA
None.
12.
INFORMATION AND REPORTS
Councilman Turnage made the following announcements.
City Council Minutes
October 27,2003
Page 9
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 the
schedule:
Saturday, November 1
1 :00 p.m. Founder's Park
2:30 p.m. Dick Faram Park
Friday, November 7
3:30 p.m. Legacy Park at Foster Village Elementary
Saturday, November 15
1 :00 p.m. Kay Granger Park at Mullendore Elementary
2:30 p.m. Clyde Zellar's Park at Snow Heights Elementary
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.
November 8
Critter Connection
North Hills Mall
10:00 a.m. - 6:00 p.m.
Kudos Korner
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.
City Council Minutes
October 27,2003
Page 10
13.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:05 p.m.
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