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.
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