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HomeMy WebLinkAboutCC 1989-05-22 Minutes Present: rEM RECONSIDERATION OF PZ 89-2, REQUEST OF LEONARD HAZEL FOR INDUSTRIAL ZONING ON FLORY STREET NOTES ON PRE-COUNCIL MEETING MAY 22, 1989 Tommy Brown Richard Davis Mack Garvin Frank Metts, Jr. Byron Sibbet Lyle E. Welch Charles Scoma Linda Spurlock Rodger Line Dennis Horvath C.A. Sanford Jeanette Rewis Rex McEntire Lee Maness Greg Dickens George Tucker Pam Burney Danny Taylor Bob Mi 11 er Jim Browne Richard Albin Mayor Mayor Pro Tern Counci lman Councilman Counc i lman Counc ilman Counci lman Councilwoman City Manager Deputy City Manager Assistant City Manager City Secretary Attorney for the City Finance Director Public Works Director Management Services Director Environmental Services Director Community Services Director Economic Development Director Parks & Recreation Director City Engi neer DISCUSSION ASSIGNMENT NAN Councilwoman Spurlock advised she had reconsidered her vote and would like to reconsider PZ 89-2. She felt the area should be industrial. Councilman Garvin stated he felt the whole area needed to be looked at. Mayor Pro Tern Davis stated he did not see the entire area as industrial. The Master Plan could be revised and the City could designate what the zoning should be. Mr. Line advised what the procedure was for reconsideration. Pre-Council Minutes Page 2 TEM DISCUSSION ACTION TAKEN CHIMNEY INSPECTION Councilman Metts advised that inspections FOR NEW RESIDENTIAL CONSTRUCTION were done on all other aspects of construction and he felt that chimney inspections should be done also. Councilman Metts stated Dennis Please handle. he would like to go with the second option presented by the Staff. Councilman Metts advised this needed to be included in the ordinance. Councilman Scoma stated he did not feel it should be in the ordinance, but felt the inspection was needed. Councilman Garvin stated the City could do the inspection and add a $35.00 fee on the Building Permit and have a rotating list of chimney sweepers/ inspectors. Mayor Pro Tern Davis asked that the Staff devise a plan and bring it back to the Council. Mayor Brown advised this item would be on the June 12th agenda. EVALUATION OF REQUEST FOR PROPOSALS FOR DELINQUENT TAX ATTORNEY Mayor Brown appointed Councilman Metts and Councilwoman Spurlock, Finance Director, C.A./Lee Follow up. Assistant Finance Director and the City Attorney as a committee to review the proposals. 'TEM NAMING OF TWO STREET/ THOROUGHFARES PROPOSED UTILITY REVENUE BOND REFUNDING SERIES 1989-B COMMUNITY EVELOPMENT BLOCK ciRANT - NORTH RICHLAND HILLS SENIOR CITIZENS CENTER Pre-Council Minutes Page 3 DISCUSSION Mayor Brown advised it had been brought to his attention that the thoroughfare across northeast Tarrant County pursued by Commissioner Bob Hampton needed to be named. It had been suggested that it be called Hampton Boulevard. It had also been suggested that Edison Drive be named Dick Fisher Avenue. Councilwoman Spurlock stated she thought it was the consensus of the Council that Municipal Drive would be named for Dick Fisher. Mayor Pro Tern Davis advised that the Attorney had previously drawn an ordinance on the naming of public streets and facilities. The Council needed to appoint a committee to review the ordinance and report back to the Council on the naming of the two streets. Mayor Brown appointed Councilmen Garvin and Sibbet to review the ordinance. Mayor Brown advised this item would be taken off of the Consent Agenda and discussed in the regular Council Meeting. Mayor Pro Tern Davis asked who would do the inspection on the construction. Mayor Brown advised the County would oversee the construction. ACTION TAKEN Jeanette/Rex Please assist the Council Committee. NAN NAN 'TEM IMPROVEMENT OF FOSSIL AND SINGING HILLS CREEK CHANNELS - IRON HORSE GOLF COURSE DISCUSS ION Mr. Tucker explained the reason the change orders were needed. Mayor Pro Tern Davis advised that the Ad Hoc Committee recommended the approval of the change orders. Councilman Scoma stated he had a problem with the change orders. He felt there were other areas in the city that needed to be looked at; Calloway Branch needed work on it because of flooding. Mayor Pro Tern Davis advised this money could only be spent on the Golf Course. Mayor Pro Tern Davis advised that Calloway Branch was not going to be affected by spending money on the golf course; that CIP money was not being used. Councilman Sibbet stated citizens in his neighborhood had approached him about the flooding and wanted to know when something could be done. Mayor Pro Tern Davis advised that the bond program could be stepped up. Mr. Line advised he had asked Mr. Dickens to analyze the drainage problems and report on the possibility of speeding up the program and the benefits to be realized in terms of May, 1989 flooding that would have been avoided if the improvements had been in place. Pre-Council Minutes Page 4 ACTION TAKEN Dennis/Greg Please pursue. Pre-Council Minutes Page 5 'TEM DISCUSSION REQUEST FOR Councilwoman Spurlock asked that this be AUTHORIZATION TO PROCEED WITH watched closely and not be purchased THE SALE OF $265,000 IN CONTRACTURAL before it was needed. Councilman Scoma OBLIGATIONS FOR EQUIPMENT AT IRON stated he had several questions. HORSE GOLF COURSE AWARD OF BID ON BEACH STREET WATER TRANSMISSION MAIN IMPROVEMENTS ITEMS ON CONSENT AGENDA NOT ON PRE COUNCIL Mayor Brown advised this would be removed from the Consent Agenda and discussed in the regular Council meeting. Councilman Scoma asked if the sale price included the alternates. Mr. Dickens replied yes. Councilman Scoma asked about the size of the building. Mr. Albin stated it was 18' x 32' . Mr. Horvath advised that Item No. 10, GN 89-59, would be postponed. A meeting was being set up with Ms. Burney and the Day Care Center operators. Mayor Brown appointed Councilmen Welch and Scoma as a committee to meet with the Day Care Centers. Councilwoman Spurlock had several questions pertaining to Item No. 11, GN 89-60. Mr. McEntire explained the only thing that was changed in the ordinance dealt with cases being heard by the Municipal Judge. The case would be heard by a District Judge. Councilman Scoma stated the ordinance gave ACTION TAKEN NAN NAN Dennis Please coordinate review & possible need for modifi- cation of ordinance(s) per comments by Council with Committee. TEM WORK SESSION/MID- YEAR BUDGET POLICY WORKSHOP Pre-Council Minutes Page 6 DISCUSSION ACTION TAKEN too much authority to one person in more than one regulatory area, and that he felt that only the City Manager should make some of these decisions and present the information to the Council. Mayor Brown advised this item would be taken off of the Consent Agenda and discussed in the regular Council Meeting. Mr. Line advised the meeting date for the pre-budget workshop needed to be changed. Jeanette Please add to June calendar. Based on a telephone poll by Mrs. Rewis, Staff Please note. the meeting was scheduled for June 27, 1989 at 5:30 p.m. 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 - MAY 22, 1989 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order May 22, 1989, at 7:30 p.m. Present: Tommy Brown Richard Davis Lyle E. Welch Mack Garvin Frank Metts, Jr. Charles Scoma Byron Sibbet Linda Spurlock Staff: Rodger N. Line Dennis Horvath C.A. Sanford Jeanette Rewis Rex McEntire Greg Dickens 2. ROLL CALL Mayor Mayor Pro Tern Councilman Councilman Counci lman Councilman Councilman Counc il woman City Manager Deputy City Manager Assistant City Manager City Secretary Attorney City Engineer 3. INVOCATION Councilman Metts gave the invocation. Mayor Brown advised that Item No. 10 on the Agenda would be postponed. 4. MINUTES OF THE REGULAR MEETING MAY 8, 1989 APPROVED Mayor Pro Tern Davis advised that the vote on Item No.9, GN 89-53, should be 6-0. Councilman Garvin moved, seconded by Councilman Welch, to approve the minutes of May 8, 1989 as corrected. Motion carried 7-0. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA May 22, 1989 Page 2 Councilwoman Spurlock removed Items No. 10 and 11. Councilman Scoma removed Items No. 13, 14, 18, 19, 20, 21, and 22. 6. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (12, 16, 17, & 23) APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to approve the Consent Agenda. Motion carried 7-0. 7. PZ 89-2 RECONSIDERATION OF THE REQUEST OF LEONARD HAZEL FOR INDUSTRIAL ZONING ON FLORY STREET DENIED Councilwoman Spurlock moved, seconded by Councilman Metts, to grant the reconsideration of PZ 89-2. Motion failed 5-2; Mayor Pro Tern Davis, Councilmen Garvin, Welch, Sibbet and Scoma voting against; and Councilwoman Spurlock and Councilman Metts voting for. 8. PZ 89-8 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF THE CITY OF NORTH RICHLAND HILLS TO REZONE A PORTION OF TRACT 2, W.A. TRIMBLE SURVEY, ABSTRACT 1520, & A PORTION OF TRACTS 2F & 2A1A, TELITHA SURVEY, ABSTRACT 19, FROM OC (OUTDOOR COMMERCIAL) AND I-2 (INDUSTRIAL) TO U (INSTITUTIONAL). (THIS IS THE CITY'S GOLF COURSE PROPERTY LOCATED ON BOTH SIDES OF NORTHEAST LOOP 820, THE SOUTHERN PORTION BEING SOUTHWEST OF MEADOW LAKES DRIVE) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to please come forward. Mr. George Tucker, Director of Management Services, representing the City, appeared before the Council. Mr. Tucker advised this property pertained to the golf course and staff recommended approval to bring it in compliance with the other City property which was zoned U. Mayor Brown called for anyone wishing to speak in opposition to please come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. May 22, 1989 Page 3 9. ORDINANCE NO. 1608 APPROVED Councilman Scoma moved, seconded by Councilman Welch, to approve Ordinance No. 1608. Motion carried 7-0. 10. GN 89-59 COMPREHENSIVE ENVIRONMENTAL HEALTH ORDINANCE - ORDINANCE NO. 1607 POSTPONED Mayor Pro Tern Davis moved, seconded by Councilman Metts, to postpone Ordinance No. 1607 until after the committee, that was appointed in Pre-Council, met with the Day Care Centers. Motion carried 7-0. 11. GN 89-60 ANIMAL CONTROL ORDINANCE - ORDINANCE NO. 1609 POSTPONED Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to approve Ordinance No. 1609. Councilwoman Spurlock asked that the motion be amended to include that a committee be appointed consisting of the Director of Environmental Services, the City Veterinarian, or approval of the City Manager in declaring vicious animals. Mr. Line stated that he felt that Animal Control should be the one to make the decision. Mayor Pro Tern Davis stated that on page 13, section 7 IIwith the advice and written consent of two veterinariansll should be added. Ms. Burney advised that before this could be added to the ordinance, the consent of the veterinarians was needed. After further discussion, Councilwoman Spurlock withdrew her motion to amend. Councilman Scoma stated that as far as the responsibility of determining a vicious animal, he felt it needed to go to both the staff and City Council. Councilman Scoma asked if the veterinarians had reviewed this ordinance. Ms. Burney advised they had reviewed the ordinance prior to the change that the case be heard by the district court instead of the municipal judge. May 22, 1989 Page 4 Councilwoman Spurlock moved, seconded by Councilman Sibbet, to postpone Ordinance No. 1609. Mayor Brown appointed Ms. Burney, the City Veterinarian, and Dennis Horvath as a committee to review the ordinance. Motion carried 7-0. *12. GN 89-61 ORDINANCE AMENDING ORDINANCE NO. 310 AND ADOPTING THE 1987 EDITION OF THE ELECTRIC CODE - ORDINANCE NO. 1605 APPROVED 13. GN 89-62 PROPOSED UTILITY REVENUE BOND REFUNDING SERIES 1989-B APPROVED Mr. Harold McInroe, First Southwest Company, appeared before the Council. Mr. McInroe stated he was present to answer any questions. Councilman Scoma stated he had reviewed the budget pertaining to debt services and he felt the City needed to be in a holding structure. Councilman Scoma stated this should be discussed at the Pre-Budget Meeting and the Goals and Objectives Meeting. Mayor Pro Tern Davis stated he felt that any time the City could increase their borrowing power it should be done. Mayor Pro Tern Davis stated if a major catastrophe occurred the City may need the power to borrow. Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to approve GN 89-62. Motion carried 5-2; Mayor Pro Tern Davis, Councilwoman Spurlock, Councilmen Garvin, Welch and Metts voting for; and Councilmen Sibbet and Scoma voting against. 14. GN 89-63 COMMUNITY DEVELOPMENT BLOCK GRANT - NORTH RICHLAND HILLS SENIOR CITIZENS CENTER APPROVED Councilman Scoma moved, seconded by Councilman Garvin, to approve GN 89-63. Motion carried 7-0. 15. GN 89-64 REQUEST OF MR. DALE E. JONES, 7140 HIGHTOWER DRIVE TO BE CONNECTED TO CITY SEWER SERVICE APPROVED Mr. Dale Jones, 7140 Hightower Drive, appeared before the Council. May 22, 1989 Page 5 Mr. Jones stated he wished to connect on to the City sewer without platting his property and not donating land for future streets. Councilman Garvin asked the reason for him wanting to tie on to City sewer. Mr. Jones stated that they had a tremendous drainage problem and the septic tank would not drain properly. Councilman Garvin asked what caused the drainage problem. Mr. Jones stated that when Hightower was reconstructed and raised it caused all of the water to drain on to his property. Mayor Pro Tern Davis advised that Mr. Jones had applied for a short form plat in 1987 and was issued a certificate of occupancy with the understanding the platting process WQuld be completed and the platting was never done. Mayor Pro Tern Davis advised Mr. Jones he could sign a covenant for future street improvements and the plat could be finalized. Mr. Jones stated he did not want to sign a covenant. Councilman Garvin advised that if Mr. Jones applied for a permit now he would not have to plat. Mr. Tucker advised that when the ordinance was amended to allow for add-on construction it was not the intent to change the section pertaining to City services. Councilman Garvin moved, seconded by Councilman Welch, to allow Mr. Jones to connect to City sewer, pay customary fees and not sign a covenant for future improvements. Councilman Scoma asked if Hightower was going to be improved in this area. Mr. Line stated no, that all of the construction had been completed that was going to be done. Motion carried 6-1; Councilwoman Spurlock, Councilmen Welch, Garvin, Metts, Sibbet and Scoma voting for and Mayor Pro Tern Davis voting against. *16. GN 89-65 IMPROVEMENT OF FOSSIL AND SINGING HILLS CREEK CHANNELS - IRON HORSE GOLF COURSE APPROVED *17. GN 89-66 APPROVAL OF GOLF COURSE EARTH WORK CONTRACT CHANGE ORDER NO. 2 APPROVED May 22, 1989 Page 6 18. GN 89-67 APPROVAL OF GOLF COURSE EARTH WORK CONTRACT CHANGE ORDER NO. 3 APPROVED Councilman Scoma stated that much of the erosion problem in Singing Hills tributary had been caused by recent heavy rains. Councilman Scoma stated the way he understood it, the staff was coming to the Council with a breakdown of various items. Councilman Scoma stated that he had concerns about the $136,000 of expenditures on the channel to help prevent additional damages. Councilman Scoma stated that number one, perception as well as actual fact, while the money was designated through funds other than CIP, he felt there needed to be concern for those citizens that had been flooded recently. Councilman Scoma stated that some of the channels were included in the bond issue, but based on prudent judgment by the Council, were later restrained from funding as an attempt from having to sell additional bonds. Councilman Scoma stated he felt the approach for this particular request for expenditures should be one for absolute necessity. Councilman Scoma stated he felt the staff needed to re-assess the request in terms of the total dollar expenditure and only request items such as dredging that must be done, in their opinion, to save other dollars later. Councilman Scoma moved to deny this request. Mayor Pro Tern Davis called for a point-of-order. Mayor Pro Tern Davis advised that Councilman Scoma was addressing Item No. 16, which was not removed from the Consent Agenda. Motion to deny died for lack of a second. Mayor Pro Tern Davis moved, seconded by Councilman Metts, to approve GN 89-67. Councilman Scoma asked if this work was being done because of the recent heavy rains. Mr. Sanford advised it was a design correction. Motion carried 7-0. Mayor Pro Tern Davis advised that he felt Councilman Scoma intended to remove Item No. 16, GN 89-65. Mayor Pro Tern Davis moved, seconded by Councilwoman Spurlock, to remove GN 89-65 from the Consent Agenda. Motion carried 7-0. May 22, 1989 Page 7 16. GN 89-65 IMPROVEMENT OF FOSSIL AND SINGING HILLS CREEK CHANNELS - IRON HORSE GOLF COURSE APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to approve GN 89-65. Motion carried 6-1; Councilmen Garvin, Metts, Sibbet, Mayor Pro Tern Davis and Councilwoman Spurlock voting for; and Councilman Scoma voting against. 19. GN 89-68 APPROVAL OF GOLF COURSE EARTH WORK CONTRACT CHANGE ORDER NO. 4 APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to approve GN 89-68. Councilman Scoma stated he hoped that at the end of this project it could be said that it was within the budget. Councilman Scoma asked if this was caused by the heavy rains. Mr. Sanford stated no, it was needed because the State Highway Department had changed the drainage design along Highway 377. Motion carried 7-0. 20. GN 89-69 APPROVAL OF GOLF COURSE EARTH WORK CHANGE ORDER NO. 5 APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Metts, to approve GN 89-69. Councilman Scoma asked why the drainage system was not included in the original design. Mr. Sanford stated that after grading an underground spring was discovered. Motion carried 7-0. 21. GN 89-70 REQUEST FOR AUTHORIZATION TO PROCEED WITH THE SALE OF $265,000 IN CONTRACTUAL OBLIGATIONS FOR EQUIPMENT AT IRON HORSE GOLF COURSE APPROVED Councilman Garvin moved, seconded by Councilman Sibbet, to approve GN 89-70. Councilman Scoma asked if there was some way of keeping up with the inventory. May 22, 1989 Page 8 Mr. Sanford stated that Mr. Bob Miller, Director of Planning/Economic Development would be keeping up with the inventory. Councilman Scoma asked about the insurance on the equipment. Mr. Maness advised the City was self-insured. Councilman Scoma asked that a separate policy be checked into for this equipment. Motion carried 7-0. 22. PU 89-15 APPROVAL TO PURCHASE A 0.198 ACRE TRACT OUT OF THE JAMES MATTHEWS SURVEY, A-1051, HALTOM CITY, TEXAS APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to approve PU 89-15. Councilman Scoma asked if the plans would be concluded prior to the purchase of the property. Mr. Dickens stated that the plans were 90% complete. Councilman Scoma asked the cost of bring the property out of the flood plain. Mr. Dickens advised approximately $3,000; that the seller was obligated to bring the property out of the flood plain. Motion carried 7-0. *23. PW 89-21 AWARD OF BID ON BEACH STREET WATER TRANSMISSION MAIN IMPROVEMENTS APPROVED 24. CITIZENS PRESENTATION Mr. Cliff Stevens, 9201 Kirk Lane, appeared before the Council. Mr. Stevens stated that during the recent rains his street flooded and the creek backed up. Mr. Stevens stated there was not a flooding problem until the surrounding property was platted. Mr. Stevens asked that the Council not approve any more plats or issue building permits until something was done about the drainage in Little Bear Creek. Mayor Brown advised Mr. Stevens the problem would be looked into. Councilwoman Spurlock asked if the proposed drainage impact fee would help. Mr. Dickens stated yes. May 22, 1989 Page 9 Mr. Nelson Stoppiello, 7400 Jade Circle, appeared before the Council. Mr. Stoppiello stated he wanted to ask a question pertaining to Item No. 16 on the Agenda. Mr. Stoppiello asked if the funds that were being spent were part of the certificates of obligation for the golf course construction. Mayor Brown replied yes. Mr. Stoppiello asked if there was any bond money being used for the construction of the golf course that he had rather see the money spent to improve his area, Calloway Creek. Mayor Brown stated bond funds that were designated for the golf course could only be used for that purpose. 25. ADJOURNMENT Councilwoman Spurlock moved, seconded by Councilman Garvin, to adjourn the meeting. Motion carried 7-0. " j -"7~~'~ M àJ7trr" ... ATTEST: ~fld/z& Ci Secretary L .