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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. ",·..·,..·""'1 "'\~"'I ~,\ "'" ~ ....).. .......... ~~ ~ ..~':.. ... ~ A 11 Of ~ ~ ~ ~ .. -.. '"i. ¡ \. r; : :~; . '. °