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HomeMy WebLinkAboutCC 1989-02-13 Minutes Present: ITEM --,JRESENTATION BY JUDGE CHARLES THORN - RE: TEEN COURT PROJECT PARTNERS GRANT APPLICATION NOTES ON PRE-COUNCIL MEETING FEBRUARY 13, 1989 Tommy Brown Richard Davis Mack Garvin Virginia Moody Byron Sibbet Linda Spurlock Lyle Welch Rodger Line Dennis Horvath Jeanette Rewis Rex McEntire Lee Maness Greg Dickens Donna Heishman C.A. Sanford George Tucker Arl ita Ha 11 am Richard Albin Mayor Mayor Pro Tem Councilman Councilwoman Councilman Councilwoman Councilman City Manager Senior Assistant City Manager City Secretary Attorney for the City Finance Director Public Works Director Senior Accountant Economic Development Director Planning & Zoning Director Library Director City Engineer Absent: Frank Metts, Jr. Counc i lman DISCUSSION ASSIGNMENT NAN Judge Thorn advised that 224 hours of work had been completed by the teen offenders. The students on Teen Court generally gave pretty stiff sentences and teens have taken their work seriously. Judge Thorn felt this was a good policy. Mayor Brown asked if there was anything the Council could do to help the program. Judge Thorn advised that volunteers were needed. Mr. Horvath advised that the Cities of NAN Euless, Bedford and Grapevine had approved the grant and that approval by the Cities Pre-Council Minutes 2/13/89 Page 2 TTEM DISCUSSION ACTION TAKEN of Watauga was pending. Mr. Horvath advised that there would be no license fees or on-going software maintenance charges and that no additional staffing would be needed. INTERLOCAL AGREEMENT Mr. Line advised that Mayor Pro Tem Davis, WITH HALTOM CITY FOR GOLF COURSE PROJECT Mr. Sanford and he had met with the City RNL Follow up with Mayor Pro Tem Davis & C.A. Manager and one councilman from Haltom City and they felt there would be no problem with Haltom City approving the agreement. Mr. Line advised the agreement was on Haltom City's February 13th, 1989 Agenda. DESIGNATION OF Councilwoman Moody stated that two years MID-CITIES DAILY NEWS AS THE OFFICIAL ago she had wanted the Star Telegram NEWSPAPER NAN because she felt the higher circulation would help improve the lack of communication with the citizens. Councilwoman Moody stated she had not seen any difference and therefore she could not justify it any longer. APPROVAL OF Mr. Horvath advised this change order was MISCELLANEOUS PAVING AND DRAINAGE for installing sidewalks on the east side IMPROVEMENTS 1988 - CHANGE ORDER of Rufe Snow from Chapman to Hightower and NO. 2 Dennis Follow up along the south side of Chapman across the Richfield Park frontage. Mr. Horvath TTEM STATUS OF JAIL OVERCROWDING SOLUTIONS ITEMS ON CONSENT AGENDA NOT ON PRE-COUNCIL OTHER ITEMS Pre-Council Minutes 2/13/89 Page 3 DISCUSS ION ACTION TAKEN stated that the Public Works Department would construct a temporary asphalt walkway on the north side of Chapman between the Mobil Service Station and the existing subdivision. Mayor Brown presented a report on the over- crowded jail situation. Mayor Brown advised Jerry Pl ease follow up with Mayor as appropriate the Council that a committee had been appointed by the Mayors' Council to try and get something done about the situation. The committee members were Mayors from North Richland Hills, Bedford, White Settlement, Haltom City, and Richland Hills. Councilwoman Spurlock asked about the speed limit on Amundson Road. Mr. Dickens advised NAN that the speed limit was 30 m.ph. unless otherwise posted. Mr. Jackie Fluitt stated that he thought he was to be on the Agenda and due to a mis- understanding he was not. Mr. Fluitt advised the Council that because of an Dennis Please follow up interpretation by city officials and himself, he had constructed two houses of stucco and was committed to building the entire subdivision with stucco. TTEM SOUTHWESTERN BELL "TEXAS FIRST" ORK SESSION OTHER ITEMS Pre-Council Minutes 2/13/89 Page 4 DISCUSSION ACTION TAKEN Mr. Fluitt stated he was advised he needed to ask the Council for a variance. Mayor Brown advised Mr. Fluitt he would be placed on the February 27th Council Agenda. Mr. Gary Terry advised the Council in detail Rex Prepare report for Council. the reasoning for "Texas First". Mr. Terry stated he was asking North Richland Hills to Jeanette Add to appropriate Agenda. pass a resolution in support of the concept. Mr. McEntire advised that action needed to be taken by the end of March. Mayor Brown advised there would be a work session February 20th at 6:30 p.m. on Council Goals and Objectives and possible update RNL & Staff Foll ow up on the water contract. Mayor Pro Tem Davis gave a report on the Wastewater Committee Meeting. NAN Councilwoman Moody advised that she had received a letter from Smithfield United Jeanette Please assist Mayor with letter. Methodist Church and a resolution from Smithfield Masonic Lodge requesting that Watauga Road be renamed Sansom Boulevard. Mayor Brown will write a letter to the Church regarding the City's intentions TTEM DISCUSSION on renaming the road. Councilman Sibbet presented the Council with a proposal for zoning ordinance revisions from Mr. Charles Scoma. Councilwoman Moody advised the Council that she would not seek re-election in May. Pre-Council Minutes 2/13/89 Page 5 ACTION TAKEN NAN NAN MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - FEBRUARY 13, 1989 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order February 13, 1989, at 7:30 p.m. Present: Tommy Brown Richard Davis Lyle E. Welch Mack Garvin Virginia Moody Byron Sibbet Linda Spurlock Staff: Dennis Horvath Jeanette Rewis Rex McEntire 2. ROLL CALL Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilwoman Senior Assistant City Manager City Secretary Attorney Absent: Frank Metts, Jr. Councilman Rodger N. Line City Manager 3. INVOCATION Councilman Garvin gave the invocation. Mayor Brown recognized Scout Master Tom Taurus of Troop 144. Mr. Taurus stated Troop 144 was chartered by the First United Methodist Church. Mr. Taurus stated the scouts were working on their communication merit . 4. MINUTES OF THE REGULAR MEETING JANUARY 23, 1989 APPROVED Councilwoman Moody moved, seconded by Councilman Sibbet, to approve the minutes of the January 23, 1989 meeting. Motion carried 5-0; Councilwoman Spurlock abstaining because of absence from the meeting. February 13, 1989 Page 2 5. MINUTES OF THE SPECIAL MEETING JANUARY 30, 1989 APPROVED Councilwoman Moody moved, seconded by Councilman Sibbet, to approve the minutes of the January 30, 1989 meeting. Motion carried 4-0; Mayor Pro Tem Davis and Councilman Garvin abstaining because of absence from the meeting. 6. RESOLUTION IN MEMORIAL OF JACK FRISQUE Mayor Pro Tem Davis presented Mrs. Frisque with the following resolution: "WHEREAS, during his life as a resident of North Richland Hills, Jack Frisque gave freely of his time and talents to promote public projects and to improve the life of residents of the City; and WHEREAS, Jack Frisque served with distinction on the Civil Service Commission of the City; and WHEREAS, Jack Frisque departed this life on January 20, 1989. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. This City Council does hereby go on record in forceful expression of thanks to Jack Frisque for his many efforts so freely expended by him for the good of the citizens of this City. 2. Upon his death, the City Council expresses its deepest sympathy to the family of Jack Frisque." 7. SPECIAL PRESENTATION TO RICHARD WARD Mr. Ward was not present, therefore Mayor Brown read the following proclamation: "WHEREAS, the act of risking one IS own safety in order to save another's life is the ultimate act of heroism; and WHEREAS, such an act of heroism was dramatically performed in this City on January 25th, 1989 by Richard Ward when he saved the lives of two small children who were threatened by an apartment fire; and February 13, 1989 Page 3 WHEREAS, Mr. Ward performed this act without regard to his own safety and well-being; and WHEREAS, this act of heroism by Mr. Ward deserves special recognition. NOW, THEREFORE, I, Tommy Brown, Mayor of the City of North Richland Hills do hereby proclaim Tuesday, February 14th, 1989 as: "RICHARD WARD DAY" in the City of North Richland Hills and urge all citizens to join in this day of recognition." 8. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None 9. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (14, 15, 16, 17, 18, 19, 20 & 21) APPROVED Mayor Pro Tem Davis moved, seconded by Councilwoman Spurlock, to approve the Consent Agenda. Motion carried 6-0. 10. PZ 88-6 PLANNING & ZONING - PUBLIC HEARING - APPEAL HEARING - REQUEST OF AMERICITY FEDERAL CORP. FOR REZONING OF TRACTS 1A1 AND 1A7, THOMAS SPROUSE SURVEY, ABSTRACT 1399, FROM AG (AGRICULTURE) TO C-1 (COMMERCIAL), R-8 (ZERO-LOT-LINE) AND R-3 (SINGLE FAMILY) (LOCATED SOUTH OF BURSEY ROAD, EAST OF RUFE SNOW AND WEST OF WESTERN OAKS ADDITION) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Steven Sloan, 750 North St. Paul, representing Americity Federal Corp., appeared before the Council. Mr. Sloan stated that the original request presented to the Planning and Zoning Commission in May of 1988 was denied. Mr. Sloan stated an appeal hearing was granted and held by the Council in June of 1988 and Council referred it back to the Planning and Zoning Commission with instructions that the applicant work with the homeowners to achieve a better plan. Mr. Sloan stated they had worked with the homeowners and a plan that was acceptable to both parties had been worked out. Mr. Sloan stated they went back to the Planning and Zoning Commission in December and the request was denied. Mr. Sloan stated the homeowners had wanted the houses to be 1,500 square feet but they did not want to place a stipulation on the property. Mr. Sloan stated that two of the Planning and Zoning February 13, 1989 Page 4 members voiced opposition to the request. Mr. Sloan asked for rebuttal time. Mayor Pro Tem Davis stated that he had an interest in the pròperty to the east and asked the Attorney if there was any reason he should not be able to act and vote on this request. Mr. McEntire replied no. Mr. Jarrett Miller, 6821 Old Mill Road, appeared before the Council. Mr. Miller stated the homeowners and developer had worked out a compromise. Mr. Miller stated they would like to see 1,500 square foot houses, but they did not want that to be a hold up on the property. Mr. Miller stated they were in favor of the request. Mayor Pro Tem Davis stated he felt the point that was not being addressed was that there were existing vacant lots to the north that were zoned R-3. Mayor Pro Tem Davis stated that the middle tract was being zoned R-8 and the existing homeowners wanted to get the R-8 zoning away from them, but did not want to get it away from the potential homeowners on Sagebrush Court. Mayor Pro Tem Davis stated if there were existing homeowners on the vacant lots they would be here objecting also. Mr. Miller stated that as he understood it all property owners were notified and there was no response. Mayor Pro Tem Davis stated he had very strong feelings against the R-8 zoning being next to the R-3. Councilman Sibbet asked Mr. Miller if it was the consensus of the homeowners to drop the requirement of 1,500 square foot houses. Mr. Miller replied yes. Mr. Gilbert Caldwell, 6813 Old Mill Road, appeared before the Council. Mr. Caldwell stated the developer and homeowners had worked out a compromise. Mr. Caldwell stated the homeowners had requested 1,500 square foot houses because they were under the impression that R-3 was 1,500 square feet minimum houses and they found it was only 1,400 square feet minimum. Mr. Steven Sloan reappeared before the Council. Mr. Sloan stated he notified all the people in the City's official notification area, the same people the city notified. Mr. Sloan stated the landowners in Western Oaks never responded to any of his requests or to the City's. Mr. Sloan stated he recognized that the City needed to consider all property owners within the City, but he was also a property owner. Councilman Garvin stated he did not particularly care about putting R-8 zoning in that area. Councilman Garvin stated the application had come to February 13, 1989 Page 5 the Council before and the applicant was directed to go back and work out a compromise with the residents, which he had done. Counci1man Garvin stated the applicant had acted in good faith and he thou~ht·it would behoove the Council to act in good faith and go along with desires that had been worked out between both parties. Councilman Sibbet stated he was glad to see that the developer and homeowners had worked out an agreement. Mayor Pro Tem Davis stated he did not feel that the R-8 zoning was in the proper location and felt it would be spot zoning. Councilwoman Moody stated that only two residents had appeared in favor of the request and wondered how many were present that were in favor of it. Mr. Sloan stated there was no one else here, but he had met with the entire group and Mr. Miller and Mr. Caldwell were spokesmen for the group. Councilwoman Spurlock stated that in looking at the map, the R-8 would back up to Western Oaks. Councilwoman Spurlock stated the homeowners that were representing the other homeowners were present and since this was a compromise and what the Council had asked for, the Council should approve the request. Councilman Welch stated he wanted to agree with his fellow councilmen; however, he felt the Council owed the Planning and Zoning Commission something; they had denied it, this was their expertise and he felt their recommendation should be followed. Mayor Brown called for anyone wishing to speak in opposition to this request to please come forward. There be-ing no one else wishing to speak Mayor Brown closed the Public Hearing. 11. ORDINANCE NO. 1553 APPROVED Councilwoman Moody moved, seconded by Mayor Pro Tem Davis, to deny Ordinance No. 1553. Mayor Pro Tem Davis stated he was prepared to approve the C-1 and R-3 ,. .~ zoning. Mayor Pro Tem Davis stated that dissention of adjacent landowners did not always mean that they were disinterested and dissatisfied. Mayor Pro Tem Davis stated the public did put faith and trust in the Planning and Zoning Commission and the City Council and dissention did not negate their rights as a landowner. Mayor Pro Tem Davis stated the applicant did have the right to ask for the best use of the property, which he had done, and the Planning and Zoning Commission had told the Council that it was not best suited for that. Mayor Pro Tem Davis stated he concurred with the R-3 and C-1 zoning, but the R-8 did make a major impact on the adjacent landowners. February 13, 1989 Page 6 After further discussion, Councilwoman Moody withdrew her motion and Mayor Pro Tem Davis withdrew his second. Mayor Pro Tem Davis moved, seconded by Councilwoman Moody, to approve the C-1, R-3 and upgrade the R-8 to R-3. Motion failed 4-2; Mayor Pro Tem Davis and Councilwoman Moody voting for and Councilwoman Spurlock, Councilmen Sibbet, Garvin and Welch voting against. Mayor Pro Tem Davis moved, seconded by Councilwoman Moody, to approve the . C-1 and R-3 zoning only. Motion failed 4-2; Mayor Pro Tem Davis and Councilwoman Moody voting for and Councilwoman Spurlock, Councilmen Sibbet, Garvin and Welch voting against. Councilman Sibbet moved, seconded by Councilwoman Spurlock, to approve Ordinance No. 1553. Motion carried 4-3; Councilwoman Spurlock, Councilmen Sibbet and Garvin voting for and Mayor Pro Tem Davis, Councilwoman Moody and Councilman Welch voting against and Mayor Brown voting for to break the tie. Mayor Pro Tem Davis stated this was the worst spot zoning he had ever seen the Council approve. 12. PZ 88-21 PLANNING & ZONING - PUBLIC HEARING - APPEAL HEARING - REQUEST OF J.B. JOHNSTON FOR REZONING OF LOTS 1R AND 2R, BLOCK 6, MEADOW LAKES ADDITION FROM R-1 (SINGLE FAMILY) TO 0-1-PD (OFFICE PLANNED DEVELOPMENT) (LQCATED ON SOUTHWEST CORNER OF RUFE SNOW AT MEADOW LAKES DRIVE) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Bob Frank, representing the applicant, appeared before the Council. Mr. Frank stated their request was for Planned Development Professional Office Use. Mr. Frank stated the building was residential in design and compatible with the neighborhood. Mr. Frank stated the additional traffic that would be generated by this use would be minimum. Mr. Frank stated if homes were built on these lots they would become rent houses and he did not believe that would benefit the neighborhood. Mr. Frank stated he felt what they had proposed would benefit the neighborhood. Councilman Sibbet asked about the landscaping area all being in the back and if the dumpster was going to be screened. Mr. Frank stated the dumpster would be screened by a brick wall and the landscaping was placed there to meet the requirement for the percentage of February 13, 1989 Page 7 landscaping needed. Mr. Frank stated the parking was needed in the front and the landscaping would buffer the residences to the rear. Councilwoman Spurlock stated there were no provisions for landscaping around the building and she saw no plans for the dumpster screening. Councilwoman Spurlock asked how long the brick wall in the back was and if the brick wall on the west extended all of the way to the end. Councilwoman Spurlock asked if the parking spaces was the qualification for this type of building. Mr. Frank stated the brick wall in the back was approximately six feet and the brick wall on the south side adjacent to the housing was six feet to the building line. Mr. Frank stated the parking spaces did comply with the ordinance. Councilman Welch asked Mr. Frank if he would agree to decreasing the size of the building. Councilman Welch stated the parking and landscaping did not look adequate. Councilman Welch asked how far the wall to the south of the building would be extended and if someone opposed the wall could it be worked out on how far to extend the wall. Mr. Frank stated he was willing to build as high or long a wall as the City's ordinance would permit. Councilman Welch asked Mr. Frank if he would consider a 4,000 or 5,000 square foot building instead of 8,000 square feet. Mr. Frank stated he could compromise; the houses behind the building including the garages were 3,200 to 3,300 square feet. Mayor Brown called for anyone wishing to speak in opposition to this request to please come forward. Ms. Dorothy Jones, 4909 Rufe Snow, appeared before the Council. Ms. Jones advised she was against the request. Councilwoman Spurlock asked Ms. Jones if she would prefer the fence go all of the way to the rear to separate the building from them. Ms. Jones replied if the request was approved, yes. Ms. Pat Tucker, 4913 Lakeside Circle, appeared before the Council. Ms. Tucker stated they were promised it would be residential. Ms. Tucker stated if an office building was built that would be spot zoning and she would like to see it stay residential. Mr. Dennis Tucker, 4913 Lakeside Circle, appeared before the Council. Mr. Tucker stated he had lived there since 1980 and you could look down Rufe Snow Drive and see what would happen if you changed the zoning. Mr. Tucker requested the City leave it residential. February 13, 1989 Page 8 Ms. Cathy Olman, 6513 Meadow Lakes Court, appeared before the Council. Ms. Olman stated the homeowners had presented a legal petition against this rezoning. Ms. Olman stated the main reason they were against the zoning was that it would devalue their property and increase traffic. Mr. George Michero, 6701 Karen, appeared before the Council. Mr. Michero stated he was against the zoning and if you read the minutes of the Planning and Zoning Commission you could see the reason why. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 13. ORDINANCE NO. 1591 DENIED Councilman Welch moved, seconded by Councilwoman Moody, to deny Ordinance No. 1591. Councilman Garvin stated he felt it was not feasible to build a house there and would rather see a smaller building built. Councilwoman Spurlock stated she agreed with Councilman Garvin. Councilwoman Spurlock stated that if the Council could control what was put there, the looks of it, and place stipulations on the fences and landscaping, the Council would try their best to make it the best acceptable situation under the present circumstances. Councilman Welch stated this request had been before the Planning and Zoning Commission several times and each time it was denied. Councilman Welch stated the Council needed to respect the Planning and Zoning Commission's judgment along with the citizens. Motion carried 5-1; Mayor Pro Tem Davis, Councilwoman Moody, Councilman Garvin, Welch and Sibbet voting for and Councilwoman Spurlock voting against. *14. GN 89-11 SET DATE FOR PUBLIC HEARING ON SMITHFIELD ROAD - ORDINANCE NO. 1594 APPROVED *15. GN 89-12 PROJECT PARTNERS GRANT APPLICATION APPROVED *16. GN 89-13 MANAGEMENT CONTRACT ADDENDUM - RESOLUTION NO. 89-11 APPROVED February 13, 1989 Page 9 *17. GN 89-14 APPROVE SPEED LIMIT ON AMUNDSON DRIVE OF 35 MPH _ ORDINANCE NO. 1593 APPROVED *18. GN 89-15 AUTHORIZATION OF ADVERTISING SALE OF REVENUE BONDS APPROVED *19. GN 89-16 INTERLOCAL AGREEMENT WITH HALTOM CITY FOR GOLF COURSE PROJECT APPROVED *20. PU 89-07 DESIGNATION OF MID-CITIES DAILY NEWS AS THE OFFICIAL NEWSPAPER - RESOLUTION NO. 89-8 APPROVED 20a. PU 89-08 AWARD OF IRRIGATION CONTRACT ON GOLF COURSE APPROVED Mayor Pro Tem Davis moved, seconded by Councilman Welch, to approve PU 89-08. Motion carried 6-0. *21. PW 89-06 APPROVAL OF MISCELLANEOUS PAVING AND DRAINAGE IMPROVEMENTS 1988 - CHANGE ORDER NO. 2 APPROVED 22. CITIZENS PRESENTATION A. MR. CLIFF STEVENS - 9201 KIRK LANE RE: BURNING PERMIT Mr. Stevens appeared before the Council. Mr. Stevens stated he was requesting to burn small trash and tree limbs to keep his property cleaned up. Mr. Stevens stated he had contacted the Fire Department and they advised him to contact the Air Control. Mr. Stevens stated the Air Control advised him they did not have a problem with him burning. Mr. Stevens stated he then contacted the Fire Department and was informed it would be $200 for the burn permit. Mr. Stevens asked the Council to waive the permit fee. Councilwoman Moody stated she knew that Mr. Stevens had been burning for years but fees were set for a reason. February 13, 1989 Page 10 Councilman Garvin asked Mr. Stevens how many acres he had. Mr. Stevens stated his sister had 15 and he had 23 acres. Councilwoman Spurlock stated that since Mr. Stevens had been burning for many years she would like to see him grandfathered claused. Mayor Brown advised Mr. Stevens this request would be placed on the next City Council Agenda. B. MR. CLAYTON COLLINS - 3852 DIAMOND LOCH DRIVE WEST RE: VIOLATION OF CITY ORDINANCES Postponed at Mr. Collins request. Councilman Garvin announced that he wished to reconsider the rezoning case which was the subject matter of Item No. 10 on tonight's agenda. Councilman Garvin pointed out that he voted with the majority on the motion to pass Ordinance No. 1553. Councilman Garvin made the motion to reconsider the vote at the next regular meeting; motion was seconded by Mayor Pro Tem Davis. Mayor Brown called for a vote. Councilmen Welch, Garvin, Mayor Pro Tem Davis, Councilwomen Moody and Spurlock voting for; Councilman Sibbet voting against. 23. ADJOURNMENT Councilwoman Moody moved, seconded by Mayor Pro Tem Davis, to adjourn the meeting. Motion carried 6-0. ATTEST: ~~) Mayor . 9 ~ {~ ¿zt;;'.. Ci/ Secretary / Lr 0ø.J ,