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HomeMy WebLinkAboutCC 1989-02-27 Minutes Present: -ITEM THE REFUNDING OF INDUSTRIAL DEVELOPMENT BONDS BY TECNOl AND THE THE ISSUANCE OF NEW BONDS - RESOLUTION NO. 89-13 REQUEST FOR WAIVER OF BURN PERMIT FEE NOTES ON PRE-COUNCIL MEETING FEBRUARY 27, 1989 Tommy Brown Mack Garvin Frank Metts, Jr. Byron Sibbet Lyle E. Welch Rodger line Dennis Horvath C.A. Sanford Jeanette Rewis Mike McEntire lee Maness Greg Dickens Donna Heishman George Tucker Danny Taylor Richard Albin Mayor Councilman Councilman Counc ilman Counc il ma n City Manager Senior Assistant City Manager Assistant City Manager Ci ty Secretary Attorney Finance Director Public Works Director Budget Officer Contracts/Maintenance Administrator Community Development Director City Engineer Absent: Richard Davis Virginia Moody Linda Spurlock Rex McEntire Mayor Pro Tern Councilwoman Councilwoman Attorney for the City DISCUSSION ASSIGNMENT NAN Mr. Sanford advised that the Industrial Development Committee had met at 5:00 p.m. and recommended approval of subject resolution which allows Tecnol to reissue bonds at a lower interest rate. Mr. line stated the request was for the fee to be waived. Prior to the adoption Danny & Stan Prepare study and make recommendation of the ordinance, tax dollars were used to cover the cost when someone wanted to burn. Mr. Gertz explained what was involved when someone wanted to burn. Councilman Garvin advised that he felt 'TEM REQUEST FOR USE OF CONCRETE J:XTERIOR FINISH N RESIDENTIAL tiOUSES IN THE STONYBROOKE SOUTH SUBDIVISION AWARD OF WRECKER CONTRACT DISCUSSION people with large tracts of land should be allowed to burn. Councilman Welch advised he felt Mr. Stevens should be allowed to burn without paying the fee. Councilman Garvin asked that a study be made to see how many burn permits had been issued and that the Fire Department and Inspection Department work on a policy pertaining to people who own large tracts of land and wish to burn. Mr. Line advised that this request required Council approval. Mr. Line stated that the staff did not see any objections to this type of construction from a structural standpoint. Mr. Fluitt stated this material was concrete slab and it had a better fire rating than other types of construction. Councilman Garvin stated that the City needed to require that concrete tiles be used on the roof. After a full discussion at the Pre-Council and formal meetings, it was determined to award the bid to the second bidder, AA Wrecker. Pre-Council Minutes 2/27/89 Page 2 ACTION TAKEN George Tucker Please follow up Jerry McGlasson Follow up with contract Danny Taylor Follow up with securing compliance with codes for ABC Wrecker. "TEM RECONS IDERA TION OF ORDINANCE NO. 1553 CALLING CITY COUNCIL ELECTION - RESOLUTION NO. 89-12 PUBLIC HEARING ON SMITHFIELD RD. SSESSMENTS APPROVE BUDGET FOR CALLOWAY BRANCH EARTHEN CHANNEL IMPROVEMENTS .1PPROVE BUDGET FOR MEADOW LAKES DRIVE DRAINAGE IMPROVEMENTS Pre-Council Minutes 2/27/89 Page 3 DISCUSS ION Councilman Garvin stated he had requested this item be reconsidered. Councilman Garvin stated he was in agreement with the R-3 and C-I zoning, but was against the R-8 zoning. Mayor Brown advised the following names would be needed to be inserted into the resolution: Alternate Assistant Judge - Bob Bartley; Absentee Ballot Board - Chief Judge, Cal Luper; Member, Susan Burk. Mr. Line explained the procedure used in conducting a public hearing on street assessments. Councilman Garvin stated he had a question, which did not pertain to this item, but to the metal building located on Watauga Road that was used to store park equipment. Councilman Garvin asked if the equipment could be stored in the Public Works building. Mr. Horvath advised there was not enough room for storage at the Public Works building. Mr. Horvath stated he would have the building bricked and landscaped. No questions. ACTION TAKEN NAN Jeanette Please note. Greg, Dennis & Rex Please follow up with rescheduling benefit hearing. Jim Brown/Dennis Please follow up NAN ~TEM ITEMS ON CONSENT AGENDA NOT ON PRE-COUNCIL WORK SESSION OTHER ITEMS DISCUSSION No questions. Mayor Brown advised there would be a work session on March 20, 1989 at 6:30 p.m. on the water contract and Council Rules of Procedure. None. Pre-Council Minutes 2/27/89 Page 4 ACTION TAKEN NAN Dennis/Greg Prepare advance mailout info. 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 27, 1989 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order February 27, 1989, at 7:30 p.m. Present: Tommy Brown Richard Davis Lyle E. Welch Mack Garvin Frank Metts, Jr. Byron Sibbet Staff: Rodger N. Line Dennis Horvath C.A. Sanford Jeanette Rewis Mike McEntire Absent: Virginia Moody Linda Spurlock Rex McEntire 2. ROLL CALL Mayor Mayor Pro Tern Councilman Councilman Councilman Councilman City Manager Senior Assistant City Manager Assistant City Manager City Secretary Attorney Councilwoman Councilwoman Attorney 3. INVOCATION Councilman Garvin gave the invocation. 4. MINUTES OF THE REGULAR MEETING FEBRUARY 13, 1989 APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to approve the minutes of the February 13, 1989 meeting. Motion carried 4-0; Councilman Metts abstaining due to absence from the meeting. Mr Line advised that the appraiser on Smithfield Road assessments was not present and a public hearing could not be held without the appraiser. Mr. Line stated that Mr. Horvath had just advised him that Mr. Dickens was in the process of contacting the appraiser. February 27, 1989 Page 2 5. PRESENTATION OF "GREEN THUMB II AWARD BY PROJECT PRIDE COMMITTEE TO HARDY SANDERS OF BATES CONTAINER, INC. Ms. Wanda Strong, Chairman of Project Pride, Jim Pridemore, President of Northeast Chamber, and Kathy Robinson, Member of North Richland Hills Beautification Committee presented Mr. Hardy Sanders and Charlie Welch of Bates Container with the Green Thumb Award. Mr. Pridemore invited the Council to a basketball game that the Meadow Lark Lemon "Stars" would be playing on April 4th at 7:30 p.m. at the Birdville Coliseum. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (9, 10, 16, 18, 19, 20, 22, 23, & 24) APPROVED Councilman Garvin moved, seconded by Councilman Metts, to approve the Consent Agenda. Motion carried 5-0. 8. PZ 88-6 RECONSIDERATION OF ORDINANCE NO. 1553 (REQUEST OF AMERICITY FEDERAL CORP. FOR REZONING OF TRACTS 1A2 AND IA7, THOMAS SPROUSE SURVEY, ABSTRACT 1399, FROM AG (AGRICULTURE) TO C-I (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) (PUBLIC HEARING WAS HELD ON FEBRUARY 13, 1989) APPROVED Mayor Brown reopened the Public Hearing. Mr. Steve Sloan, 750 North St. Paul, representing Americity Federal Corp., appeared before the Council. Mr. Sloan stated they did receive a favorable vote at the last Council Meeting. Mr. Sloan stated he had spent one year working on this project and had made a compromise suitable to all. Mr. Sloan stated he would be happy to answer any questions the Council might have. Mr. Sloan stated that on several occasions Mayor Pro Tern Davis had stated to the attorney that he had an interest in land nearby and he assumed the attorney ruled this was not a conflict. Mr. Sloan stated he would like to know where the land was that Mayor Pro Tern Davis was referring to. February 27, 1989 Page 3 Mayor Pro Tern Davis stated that at this time he had an interest in a piece of property at Douglas and Starnes which was zoned single family. Mayor Pro Tern Davis stated that in the past he had bought two lots in the adjacent addition and had since built homes and sold them. Mayor Pro Tern Davis stated he had an interest in the property because he felt it was a great area to build homes in and intended to build in the area again. Mayor Pro Tern Davis stated he did not own any property adjacent to the property in question. Mr. Sloan asked Mayor Pro Tern Davis if the attorney was aware of the past and present situation when he made his ruling. Mayor Pro Tern Davis stated that when this came up a year ago the same question was asked because of his interest in building homes in this area. Mr. Sloan asked the Council to approve the request because it was made in good faith. Mr. Jarrett Miller, 6821 Old Mill Road, appeared before the Council. Mr. Miller stated a compromise was worked out and he was still in support of the request. Mayor Brown called for anyone wishing to speak in opposition to the request to please come forward. Mr. Tom Duer, 7313 Londonderry, appeared before the Council. Mr. Duer stated he had concern on R-8 Zero Lot Line Zoning. Mr. Duer asked if there were presently any R-8 zonings in the City. Mr. Line stated yes, that Westchester Homes was R-8. Mr. Duer stated he had driven by a subdivision that had about 40 houses on the street and 30 were vacant, 8 were rentals and 2 were occupied by homeowners. Mr. Duer stated he felt R-8 zoning on this property would result in rent houses or vacant houses. Ms. Brenda Bishop, 7401 Bursey Road, appeared before the Council. Ms. Bishop stated she was a member of the homeowners association and they would like to keep the north end of the City with quality development. Ms. Bishop stated smaller homes would become rent houses. Councilman Garvin asked Mr. Sloan did he originally want all of the property to be C-I zoning. Mr. Sloan stated yes, and he would still be willing to accept that. Councilman Garvin stated there might be some way to compromise but it would not be with R-8. February 27, 1989 Page 4 Councilman Metts advised he had received an abundance of calls in opposition to the R-8 zoning. Councilman Metts asked Mr. Sloan if he planned to build there at the present time. Mr. Sloan stated that first he would like to comment that notices were sent to all residences within 200 feet and there were people here tonight for the first time. Mr. Sloan stated they did not have a buyer at the present time. Councilman Garvin advised that all Council Members had received a letter, dated February 14, 1989, addressing this issue which was signed by Bill J. Fenimore. Councilman Garvin stated Mr. Fenimore owned 80 lots in the Western Oaks Addition immediately east of the referenced case and that Mr. Fenimore concurred with the C-1 and R-3 zoning but felt the R-8 would be detrimental. Councilman Garvin stated that this was Mr. Fenimore's position and he just wanted to state it for the record. Councilman Welch stated he would like to restate his position of last week. Councilman Welch stated this case had been before the Planning and Zoning Commission on two occasions and turned down. Councilman Welch stated he maintained that the Council should uphold what the Planning and Zoning passed and also take into consideration the residents this would affect. Mayor Pro Tern Davis stated he and Mr. Fenimore owned property at Douglas and Starnes and asked the City Attorney, for the record, if that constituted a conflict, on his part, as far as the zoning on this case. Mr. McEntire replied no. Mayor Pro Tern Davis asked the attorney if it would preclude him from voting on this because last year he owned adjacent property. Mr. McEntire replied no. Mayor Pro Tern Davis stated he would also like to ask the Council if they felt there was any conflict of interest because he had built homes adjacent to this property and would it be a conflict of interest. Councilman Garvin stated he felt it had been clearly addressed by the City Attorney that there was no conflict. There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilman Garvin moved, seconded by Councilman Sibbet, to approve the C-1 and R-3 zoning, deny the R-8 and there would be no cost for refiling an application on the R-8. Motion carried 5-0. Mr. Line advised that the appraiser for Smithfield Road assessments would not be here and the property owners would be renotified when the public hearing would be held. February 27, 1989 Page 5 * 9. PS 88-39 REQUEST OF TAR-TWO, INC. FOR REPLAT OF LOT 5R, BLOCK 1, WOODLAND OAKS ADDITION (LOCATED ON NOB HILL DRIVE, WEST OF PRECINCT LINE ROAD) APPROVED *10. PS 89-1 REQUEST OF THE CITY OF NORTH RICHLAND HILLS FOR SHORT FORM PLAT OF LOT 1, BLOCK 1, GREEN VALLEY COUNTRY ESTATES (LOCATED AT 7301 BURSEY ROAD) APPROVED 11. GN 89-17 CALLING CITY COUNCIL ELECTION - RESOLUTION NO. 89-12 APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Metts, to approve Resolution No. 89-12 with the following persons serving as election officials: Election Judge, Cal Luper; Assistant Judges, Susan Burk, Sherry Arnold and Jane Bell; Alternate Assistant Judge, Bob Bartley. The following persons appointed as the Absentee Ballot Board: Chief Judge, Cal Luper; Members, Jeanette Rewis and Susan Burk. Motion carried 5-0. 12. GN 89-18 PUBLIC HEARING ON SMITHFIELD ROAD ASSESSMENTS POSTPONED Councilman Garvin moved, seconded by Councilman Metts, to postpone GN 89-18, GN 89-19 and GN 89-20. Motion carried 5-0. 13. GN 89-19 DETERMINING THE NECESSITY FOR IMPROVEMENTS ON SMITHFIELD ROAD - ORDINANCE NO. 1595 POSTPONED 14. GN 89-20 CLOSING HEARING AND LEVYING ASSESSMENTS FOR IMPROVEMENTS OF SMITHFIELD ROAD - ORDINANCE NO. 1596 POSTPONED 15. GN 89-21 REQUEST FOR USE OF CONCRETE EXTERIOR FINISH ON RESIDENTIAL HOUSES IN THE STONYBROOKE SOUTH SUBDIVISION ACTION DEFERRED February 27, 1989 Page 6 Mr. Burk Collins, 8251 Bedford Euless Road, appeared before the Council. Mr. Collins stated he was here to ask the Council to approve the use of concrete tilt walls on houses in the Stonybrooke Subdivision. Mr. Collins stated he felt this request was not out of line because of where the subdivision was located. Mr. Collins stated this property was bounded on the west by industrial, on the south by a railroad and on the north by R-2. Mr. Collins stated he had a builder that was ready to build in the subdivision and the subdivision could be completed in a year. Mr. Collins stated these houses were stronger constructed than the normal frame houses. Mr. Collins stated the houses would have tiles roofs and the fire rating was much better than on the normal houses. Councilman Garvin asked Mr. Collins if he had ever built any tilt wall houses of this type. Mr. Collins stated no, but he had built tilt wall warehouses. Councilman Garvin asked what knowledge he had of houses that had been built for a number of years in an area where it reflected durability similar to our climate and soil conditions. Mr. Collins stated the man that designed these houses and had a patent had been building them for a number of years. Mr. Collins stated the designer had quite a few of these type houses in Summerfields and in south Arlington. Councilman Metts asked if the City staff had seen and approved the plans. Mr. Collins stated yes. Councilman Welch asked if this was a variance from the Zoning Ordinance. Mr. Line quoted the following from the Zoning Ordinance: "residential dwellings on a residential lot shall have exterior walls consisting of at least 75 percent brick, stone, or if approved by the City Council, other masonry or materials of equal characteristic". Mr. Line stated it was a variance to the extent that Council action would have to be taken. Councilman Sibbet asked what the possibility was of the foundation or walls cracking when settling begins. Mr. Collins stated that in his opinion there would be less cracking on this type of house than other types. Mr. Jack Roseberry, 8912 Martin, appeared before the Council. Mr. Roseberry stated he was assisting Mr. Collins in marketing this subdivision. Mr. Roseberry stated several consultants had been consulted and the top recommendation were the homes with the concrete tilt walls. Mr. Roseberry stated this type of housing was approved by FHA. February 27, 1989 Page 7 Mayor Pro Tern Davis stated he would like the Council to have a recommendation from the Planning and Zoning Commission and input from the staff on the technical aspects on this type of structure. Councilman Metts asked Mr. Roseberry how many of these type of houses they plan to construct. Mr. Roseberry stated it would depend on the demand. Ms. Myrtis Byrd, 7312 Hialeah Circle, appeared before the Council. Ms. Byrd asked what the square footage of these houses would be. Mr. Fluitt replied 1,400 to 1,500 square feet. Ms. Byrd stated she had seen these houses and they looked like motels. Ms. Byrd asked Council to deny the request. Mr. Charles Scoma, 8300 Cardinal Lane, appeared before the Council. Mr. Scoma stated he was not so much against the request but did feel their needed to be additional study. Mr. Scoma stated he felt it was premature to deny or approve the request. Councilman Welch moved to deny GN 89-21. Motion died for lack of a second. Councilman Metts moved to table this request until the next meeting. Motion died for lack of a second. Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to send the request to the Planning and Zoning Commission for their recommendation and for the staff to provide a study on the structure and soil conditions for this type of building. Motion carried 4-1; Mayor Pro Tern Davis, Councilmen Garvin, Sibbet and Metts voting for and Councilman Welch voting against. *16. GN 89-22 PROPOSED SALARY RANGES FOR BUDGET DIRECTOR AND ADMINISTRATOR OF CONTRACTS AND MAINTENANCE POSITIONS APPROVED 17. GN 89-23 REQUEST FOR WAIVER OF BURN PERMIT FEE APPROVED Councilman Garvin moved, seconded by Councilman Metts, to require Mr. Stevens to obtain the permit and the fee be waived. Staff to work up guidelines regarding this type of permit. Motion carried 5-0. February 27, 1989 Page 8 *18. GN 89-24 SETTING DATE FOR RUN-OFF ELECTIONS - RESOLUTION NO. 89-13 APPROVED *19. GN 89-25 THE REFUNDING OF INDUSTRIAL DEVELOPMENT BONDS BY TECNOL AND THE ISSUANCE OF NEW BONDS - RESOLUTION NO. 89-15 APPROVED *20. GN 89-26 RATIFICATION OF AUTHORIZATION GIVING NOTICE OF INTENTION TO ISSUE 1989 SERIES REVENUE BONDS - RESOLUTION NO. 89-14 APPROVED 21. PU 89-09 AWARD OF WRECKER CONTRACT - RESOLUTION NO. 89-9 APPROVED Councilman Garvin moved, seconded by Mayor Pro Tern Davis, to award the Wrecker Contract to AA Wrecker. Councilman Garvin stated his reason for recommending AA Wrecker was because they were in compliance with the City's Ordinance. Councilman Garvin stated ABC Wrecker was the low bidder but did not meet the requirement of the Ordinance. Councilman Garvin stated ABC was housed in a domicile that did not meet the zoning criteria, building codes and other ordinances of the City. Councilman Garvin stated the storage yard was also not in compliance. Motion carried 4-1; Mayor Pro Tern Davis, Councilman Garvin, Sibbet and Welch voting for; Councilman Metts voting against. *22. PU 89-10 APPROVAL OF ACCESS EASEMENT DATED JANUARY 25, 1989 WITH ST. LOUIS SOUTHWESTERN RAILWAY COMPANY AND PAYMENT OF $500.00 FOR EASEMENT - RESOLUTION NO. 89-16 APPROVED *23. PW 89-07 APPROVE BUDGET FOR CALLOWAY BRANCH EARTHEN CHANNEL IMPROVEMENTS (WATAUGA ROAD TO CHAPMAN ROAD THROUGH RICHFIELD PARK) APPROVED *24. PW 89-08 APPROVE BUDGET FOR MEADOW LAKES DRIVE DRAINAGE IMPROVEMENTS (MEADOW LAKES DRIVE ALONG TU ELECTRIC RIGHT-OF-WAY TO BIG FOSSIL CREEK) APPROVED February 27, 1989 Page 9 25. CITIZENS PRESENTATION MR. CLAYTON COLLINS 3852 DIAMOND LOCH DRIVE WEST RE: VIOLATION OF CITY ORDINANCES Mr. Collins was not present. Mayor Brown instructed the City Secretary not to place Mr. Collins on the Agenda in the future unless Mr. Collins came in and requested it. Mr. Harvey Fornof, representing ABC Wrecker, appeared before the Council. Mr. Fornof stated that he did not believe that what was being said about the zoning and the storage yard was not correct according to the contract. Mr. Fornof stated he did have storage facilities in Keller. Councilman Garvin stated he was under the impression that Mr. Fornof was operating in the City of North Richland Hills, was that not correct. Mr. Fornof replied yes, he was also operating in North Richland Hills. Mayor Pro Tern Davis asked if he offered the storage site in Keller in his bid. Mr. Fornof stated the specifications did not ask for a location. Councilman Garvin asked if the site in Keller had a fence, other than barb wire, and 24 hour security. Mr. Fornof stated it was a stockade type fence. Councilman Garvin asked Mr. Fornof if he did not primarily operate on Flory Street. Mr. Fornof replied yes, zoning and under twenty thing that would not be did not need to use it. and he was operating within his rights, under C-2 percent lot usage. Mr. Fornof stated the only right would be to have the premises used and he Mr. Fornof stated they had applied for rezoning. Mayor Brown asked Mr. Hazel (owner of the property) if he had applied for rezoning. Mr. Hazel stated they had petitioned for rezoning and were turned down. Mayor Brown asked if he planned on resubmitting. Mr. Hazel replied yes. Mayor Pro Tern Davis stated this had gone through a hearing previously and was denied and apparently the storage facility for junk and wreck cars had continued to be used for a year. Mayor Pro Tern Davis stated there was no February 27, 1989 Page 10 guarantee in resubmitting the zoning application that it would be approved and he did not want a storage lot in the middle of the City. Mayor Pro Tern Davis stated that, based on the staff report, the property was in nonconformance and the contract had been awarded to a company that was in conformance. Mayor Pro Tern Davis advised Mr. Fornof that it would be a year before the contract was bid again and in that year if someone could bring the building up to code and it could be properly fenced they could bid it again. 26. ADJOURNMENT Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to adjourn the meeting. Motion carried 5-0. ~ _~~...ì i ----- -..ç r -'_., \" ,'" ,_I :1 Ma'.;~ -, ~"l--'/ )it'>' < .>-<-"-,,,J ATTEST: c;ü "¿~ J2<)~ C}ty Secretary . ,