Loading...
HomeMy WebLinkAboutCC 1989-08-14 Minutes Present: ITEM NOTES ON PRE-COUNCIL MEETING AUGUST 14, 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 Bob Mi 11 er George Tucker Richard Albin Mayor Mayor Pro Tern Councilman Councilman Councilman Councilman Councilman Counc ilwoman City Manager Deputy City Manager Assistant City Manager City Secretary Attorney for the City Finance Director Public Works Director Economic Development Director Management Services Director City Engi neer DISCUSSION ASSIGNMENT NAN 'ENIOR CITIZEN Mr. Horvath explained the guidelines for the -~XPANSION COMMUNITY DEVELOPMENT BLOCK grant. Staff was asking Council to GRANT PROJECT REPORT ON CONFERENCE HELD AT HOUSTON - KATHY ROBINSON, CHAIR-, PERSON BEAUTI FI CATION COMM ITTEE appropriate $9,000 from the Contingency Fund. Council allocated $9,000 from the Contingency Fund for the expansion of the Senior Citizens Center. Ms. Kathy Robinson, Chairperson, Beautification Dennis Pl ease follow up Committee, reported on the meeting she attended in Houston on "Keeping America Beautiful II. Ms. Robinson thanked the Council for sending her. Ms. Robinson advised she would need Council assistance on projects the Beautification Committee wanted to implement. Councilwoman TEM APPROVAL OF FINAL ARCHITECTURAL RENDERINGS; IRON HORSE GOLF COURSE CLUBHOUSE DISCUSSION Spurlock asked about advertising on trash containers or benches. Mr. Line stated the Staff would check the ordinance pertaining to such advertising. Mr. Sanford presented a rendering of the Golf Course Club House. Councilman Scoma asked about future expansion of the Clubhouse. Mr. Sanford stated it would be expanded to the west. Councilman Scoma stated he would like to see the facility built in a fashion where it could be rented out. Mr. Sanford explained the design of the pavilion. REQUEST OF RICHLAND Councilwoman Spurlock asked if a sidewalk HILLS CHURCH OF CHRIST FOR REPLAT was included in the plans. Mayor Pro Tern OF LOTS 16R & 17, BLOCK 20, SNOW Davis stated the sidewalks would not HEIGHTS ADDITION be a part of this development. Mr. Owen stated they had a contract on the small tract that would generate enough revenue to put in the water, sewer and street. Mr. Owen asked if there was some way a foundation permit could be issued while the utilities were being put in. They would escrow the funds. Pre-Council Minutes 8/14/89 Page 2 ACTION TAKEN C.A. Please follow up GREG Please follow up TEM AWARD OF BID FOR CALLOWAY BRANCH, PHASE I IMPROVEMENTS AWARD OF BID FOR CALLOWAY BRAHCH, PHASE IIA IMPROVEMENTS Pre-Council Minutes 8/14/89 Page 3 DISCUSSION ACTION TAKEN Mr. Line stated that another possibility was that the c/o would not be issued until all was taken care of. Mayor Pro Tern Davis stated it could be approved subject to an agreement being signed that the c/o would not be issued until the water and sewer were complete and the streets were under construction. Mayor Brown stated he had a request from Mr. Stoppiello to remove Items No. 19, NAN 20 and 21 from the Consent Agenda. Mayor Pro Tern Davis reported on the CIP Meeting pertaining to these items. Councilman Scoma asked if the second floor NAN was in the recommendation. Mr. Dickens stated no, only provisions for a future second floor. APPROVE BUDGET None FOR THREE MISCELLANEOUS DRAINAGE PROJECTS AWARD OF BID ON None AMUNDSON ROAD 1.5 M.G. ELEVATED STORAGE TANK 'TEMS ON CONSENT AGENDA NOT ON PRE-COUNCIL Councilwoman Spurlock asked the possibility of the chipper being used by the Beautification STAFF Note Pre-Council Minutes 8/14/89 Page 4 TEM DISCUSSION ACTION TAKEN Committee to chip discarded Christmas trees. Councilman Scoma asked if the plans would be stamped by an engineer on the concrete NAN tilt wall houses. Mr. Tucker stated the City would not accept the plans without the seal. Mr. Line advised the Council that the NAN proposed budget would be delivered Tuesday. Mayor Brown appointed Councilwoman Spurlock, Councilman Scoma and Councilman STAFF Provide assistance as requested Sibbet as a Code of Ethics Committee. Mayor Pro Tern Davis congratulated Mayor Brown on his appointment to serve on the Crime District Board. NAN Mayor Pro Tern Davis asked that the amendment C.A. Please follow up to the garage sale ordinance be placed on an agenda as soon as possible. Mr. Tucker stated the proposed amendment was to be heard by the Planning and Zoning Commission August 24, 1989. OSSIBLE WORK SESSION No meeting necessary. 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 - AUGUST 14, 1989 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order August 14, 1989, at 7:30 p.m. Present: Tommy Brown Richard Davis Ly 1 e E. We 1 c h 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 Councilman Counc i lman Councilman Councilwoman City Manager Deputy City Manager Assistant City Manager Ci ty Secretary Attorney City Engineer 3. INVOCATION Councilman Welch gave the invocation. 4. MINUTES OF THE REGULAR MEETING JULY 24, 1989 APPROVED Councilman Sibbet moved, seconded by Councilwoman Spurlock, to approve the minutes of the July 24, 1989 Meeting. Motion carried 5-0; Councilmen Garvin and Metts abstaining due to absence from the meeting. 5. PRESENTATIONS BY BOARDS & COMMISSIONS A. PARK & RECREATION BOARD MINUTES None 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA August 14, 1989 Page 2 Mayor Pro Tern Davis removed Items No. 12, 19, 20 and 21 from the Consent Agenda. 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (13, 14, 15, 16, 17, 18, 22, 23 & 24) APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to approve the Consent Agenda. Motion carried 7-0. 8. PRESENTATION OF PROCLAMATION TO NORTH RICHLAND GIRLS SOFTBALL LEAGUE Mayor Brown presented a proclamation to the Richland Girls Softball League in appreciation of their volunteer work at the parks. 9. PZ 89-10 PLANNING & ZONING - PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE NO. 1080, SECTION 24.2-1 (MASONRY REQUIREMENT) TO ALLOW CONCRETE TILT WALL HOUSING IN RESIDENTIAL ZONING - ORDINANCE NO. 1618 APPROVED Mr. Line explained this amendment would allow the construction of masonry or tilt wall type houses under certain conditions. Mayor Brown opened the Public Hearing and called for anyone wishing to speak to please come forward. There being no one wishing to speak Mayor Brown closed the Public Hearing. Councilman Metts moved, seconded by Councilman Welch, to approve Ordinance No. 1618. Councilwoman Spurlock stated she felt the statement lithe roof shall be concrete tile or roof with similar weightll was not worded correctly. Councilwoman Spurlock questioned why the Planning and Zoning Commission was recommending that the last sentence be taken out of the ordinance. Mr. Line stated that their reasoning was that it should be part of the Building Code rather than the Zoning Ordinance. Mr. Line stated that it was covered in the Building Code. Councilwoman Spurlock stated she agreed that the last sentence should be in the Building Code, but felt that the wordage on the concrete tile roof should be changed to lIof equal if not durability, life expectancy and appearancell. August 14, 1989 Page 3 Mr. Sanford stated that the engineers who built tilt wall homes asked for the tile roof. Mr. Sanford stated that the engineers had stated that the tile roof gave some type of strength to the walls. Councilman Scoma stated that this was an area that would need to be monitored so that it would not become an area of look-a-likes. Councilman Scoma stated that he felt the Planning and Zoning Commission had concurred with the recommendations made and that there were restrictions and controls within the ordinance. He wanted to emphasize that this action would not authorize builders to build tilt wall houses at will. Motion carried 7-0. 10. PZ 89-12 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF MARY EDITH EDDLEMAN TO REZONE A PORTION OF LOT 7, BLOCK 4, NORTH RICHLAND HILLS ADDITION, FROM C-2 COMMERCIAL TO C-2-SU COMMERCIAL SPECIFIC USE-SALE OF USED AUTOS (LOCATED AT 7141 GRAPEVINE HIGHWAY) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to please come forward. Mrs. Pryor, representing the applicant, appeared before the Council. Mrs. Pryor stated she wanted to clarify the kind of used car lot being discussed. Mrs. Pryor stated it would be like a IIhelp you sell II car lot. Mrs. Pryor stated it would be a twenty space lot that would be rented out individually. Mrs. Pryor stated they would try to find a buyer for the automobile and the seller and buyer would work together from that point. Mayor Brown called for anyone wishing to speak against the request to please come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 11. ORDINANCE NO. 1619 APPROVED Councilman Metts moved, seconded by Councilman Welch, to approve Ordinance No. 1619. Mayor Pro Tern Davis stated that there was no mention of any landscaping requirements on the tract and the property did not have any landscaping. Mayor Pro Tern Davis stated he did not feel the property would meet the current landscaping requirement. Mayor Pro Tern Davis stated he would not be in favor of this zoning because it did not have any landscaping and felt that landscaping should be consistently required. August 14, 1989 Page 4 Councilman Metts asked how there could be landscaping when it was totally concrete. Mayor Pro Tern Davis stated they would need to remove the concrete and meet the requirements of the Zoning Ordinance. Councilman Metts stated he agreed that landscaping was needed, but in the general area being discussed he could not recall any landscaping. Councilwoman Spurlock stated that one of the plans of the Beautification Committee was to get existing businesses to landscape. Councilwoman Spurlock stated that if the Council was going to allow another used car lot, then the Council should be particular about the way the use car lot was allowed to come in. Mayor Pro Tern Davis asked if the motion included the stipulations that were made by the Planning and Zoning Commission regarding the maximum number of cars. Councilman Metts stated the motion did include those stipulations. *Motion carried 4-3; Councilmen Scoma, Garvin, Sibbet and Metts voting for and Mayor Pro Tern Davis, Councilwoman Spurlock and Councilman Metts voting against. 12. PS 89-9 REQUEST OF RICHLAND HILLS CHURCH OF CHRIST FOR REPLAT OF LOTS 16R & 17, BLOCK 20, SNOW HEIGHTS ADDITION (LOCATED ALONG IH 820 FRONTAGE ROAD AND SOUTH OF THE CITY OF NORTH RICHLAND HILLS RECREATION CENTER) APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Metts, to approve PS 89-9 subject to the engineers comments and an agreement stating that the certificate of occupancy permit would not be issued until the water and sewer lines were completed and the street was under contract. Motion carried 7-0. *13. GN 89-95 VITAL STATISTIC FEES - ORDINANCE NO. 1620 APPROVED *14. GN 89-96 APPROVAL OF FINAL ARCHITECTURAL RENDERINGS; IRON HORSE GOLF COURSE CLUBHOUSE APPROVED *Corrected 8/28/89: Motion carried 4-3; Councilmen Scoma, Garvin, Sibet and Metts voting for and Mayor Pro Tern Davis, Councilwoman Spurlock and Councilman Welch voting against. August 14, 1989 Page 5 *15. GN 89-97 APPROVAL OF INTERLOCAL AGREEMENT WITH THE CITY OF FORT WORTH - RESOLUTION NO. 89-34 APPROVED *16. GN 89-98 SENIOR CITIZEN EXPANSION COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT APPROVED *17. PU 89-17 PURCHASE OF CHIPPER FOR USE ON IRON HORSE GOLF COURSE - RESOLUTION NO. 89-35 APPROVED *18. PW 89-26 APPROVAL OF CHANGE ORDER NO. 7- MISCELLANEOUS PAVING & DRAINAGE IMPROVEMENTS 1988/89 APPROVED 19. PW 89-27 AWARD OF BID FOR CALLOWAY BRANCH, PHASE I IMPROVEMENTS APPROVED Mayor Brown stated that Items No. 19, 20 & 21 would be discussed together. Mr. Nelson Stoppiello, 7400 Jade Circle, appeared before the Council. Mr. Stoppiello stated that since 1981 those who lived along the Calloway Branch in the vicinity of Lola and Maplewood have flooded and lived under the threat of flooding. Mr. Stoppiello stated he supported the bond program under the impression that the majority of the drainage work would be done on Calloway Branch. Mr. Stoppiello stated that the Council had not carried out the will of the citizenry as expressed in the Bond Election. Mr. Stoppiello expressed his concerns regarding drainage problems, proposed drainage projects, the funding of drainage projects and his dissatisfaction with the action that Council had taken to alleviate the drainage problems. Mr. Stoppiello stated that when bids came in lower he felt the extra money should be used for the Maplewood Bridge. Mr. Stoppiello stated that the bridge was damming the water and causing the flooding. Mayor Pro Tern Davis stated he believed that the City Council had done the work that the voters asked for related to the 1985 bond issue. Mayor Pro Tern Davis stated that the projects on Items No. 19 and 20 were part of the bond issue. Mayor Pro Tern Davis stated that the Council changed from a five year program to a seven year program because Council felt it was not prudent to raise taxes and put an additional burden on the City. Mayor Pro Tern Davis stated that since the 1985 bond issues were discussed the City's economic climate had changed. Mayor Pro Tern Davis stated he felt August 14, 1989 Page 6 the Council had the obligation to prioritize how they could best spend the City's money. Mayor Pro Tern Davis stated he felt to improve Calloway Branch was a big priority. Mayor Pro Tern Davis stated Council had shown it was a priority by doing previous engineering studies, getting bids and awarding the contract. Mayor Pro Tern Davis stated that he felt that although the voters had authorized the borrowing of the money to build these projects, the Council had an obligation to decide the most timely, efficient use of the money. Mayor Pro Tern Davis stated that there was no need to improve on the upper end until the lower end was improved. Mayor Pro Tern Davis stated that because of cost savings the City would be able to do more improvements. Mayor Pro Tern Davis stated he was glad the City was able to do these three additional projects, but there were still a lot of homes that flooded that there were not funds for. Mayor Pro Tern Davis stated that if Council sold all of the bonds by 1990, as Mr. Stoppiello wanted, with the devaluation of property and decline in building permits, the tax rate would be astronomical. Mr. Stoppiello stated that the money being used for drainage improvements in the other neighborhoods was money that was initially designated for improvements on the Calloway Branch. Mayor Pro Tern Davis stated that the Council was doing the projects that the voters were promised in 1985. Councilman Sibbet stated that he agreed with Mayor Pro Tern Davis. Councilman Sibbet stated that there were other neighborhoods in the City that had problems and the Council tried to take care of the problems with the tax money that the City had. Councilman Sibbet stated there was a neighborhood east of North Richland Junior High that flooded and sufficient funds were not available to fix it correctly, but Council is going to make an effort with the funds that are available. Councilman Scoma explained to Mr. Stoppiello the Council's reason for not implementing the impact fee. Councilman Scoma explained why the improvements were started downstream rather than upstream. Mr. Stoppiello stated he was not asking that his area be improved but that the Council appropriate $400,000 out of Items No. 19, 20 and 21 and reconstruct the bridge at Maplewood which was damming the water. Mr. Stoppiello stated that Item No. 21 would increase the speed of flow of the runoff into the Calloway Branch above him. Mayor Pro Tern Davis stated that as Chairman of the CIP Committee who tried to oversee the CIP funds, prioritize projects and bring recommendations to the Council, he wanted Mr. Stoppiello and the other citizens that lived in the Cummings/Maplewood area to understand that he did not feel the City was robbing Peter to pay Paul. Mayor Pro Tern Davis stated that a lot of drainage problems were being addressed. Mayor Pro Tern Davis stated he would like to instruct the City Manager to present to the CIP Committee finalized engineering plans and the estimated cost for the Maplewood Bridge. Mayor Pro Tern Davis stated that the Committee would determine if there were funds to do the project and, if so, present it to Council for approval. August 14, 1989 Page 7 Councilwoman Spurlock asked if a study had been made on the bridge, and if not, the cost of a study. Councilwoman Spurlock asked what the next phase would be of the Calloway Branch improvements. Mr. Line stated that beyond the replacement of the Maplewood Bridge, the next phase went to the north and would cost between $4,000,000 and $3,000,000. Mr. Line stated that if the Maplewood Bridge could be reconstructed it would bring some relief. Ms. Peggy McCreary, 5120 Cummings, appeared before the Council. Ms. McCreary stated that the improvements below the Maplewood Bridge had substantially improved the flooding threats in the neighborhood. Ms. McCreary stated she agreed that the bridge was the major problem and requested that it be the Council's next project. Ms. McCreary showed the Council pictures of the 1981 flood and how the neighborhood was affected. Ms. Denise Biard, 5128 Cummings, appeared before the Council. Ms. Biard stated that Phase I and Phase III were mentioned in the newsletter. Ms. Bearden asked if Phase II was the area between the bridge at Maplewood and the bridge at Lola. Mr. Dickens stated that Phase II went from Loop 820 just north of Lola and to expedite the project it had been split into Phase IIA and IIB. Mr. Dickens stated it may have been omitted from the newsletter by mistake. Ms. Biard questioned why Phase II was being skipped. Mr. Line stated that what was printed in the newsletter was not Phase III but the third phase. Mr. Line stated the City was not proposing to do any improvements north of Maplewood in Calloway Branch. Ms. Biard asked if construction would be done to improve the area from Lola north to the railroad before the area was improved between Lola and Maplewood. Mr. Line stated the Staff would not recommend it to the City Council. Mr. Line explained Phase I was before the Council, and would take the improvements from Glenview Drive north several hundred feet. Mr. Line stated Phase IIa would take the improvements from Loop 820 up through Maplewood. Mr. Line stated the City would try to fund the Maplewood Bridge, but that would be the maximum that could be done until another major bond sale. Ms. JoAnne Beveridge, 7500 Schiller, appeared before the Council. Ms. Beveridge stated that in 1983 they built their home and were not in the flood plain, but in 1985 they were flooded. Ms. Beveridge stated they were paying flood insurance, their taxes had increased and the City was not doing anything about it. Mr. Rick Riley, 5129 Gentling Place, appeared before the Council. August 14, 1989 Page 8 Mr. Riley stated he lived next to the creek. Mr. Riley stated that he would urge that the money be spent on the Maplewood Bridge, and in addition if funds were available concrete the area between Maplewood and Lola. Ms. Sharon Roberts, 5125 Gentling Place, appeared before the Council. Ms. Roberts stated her home backed up to the creek. Ms. Roberts asked why the City was working below the Maplewood Bridge and not at the bridge where the problem was. Ms. Roberts asked why they were working down by the commercial area and the shopping centers instead of the area in which the homes were in. Mayor Brown explained the purpose was to start the improvements at the lower end of the drainage, so that more water could flow into it, not at the top because the water would not have anywhere to go. Mr. Line explained that you had to start at the lower end and work up, otherwise the flow of the water would be speeded up and the problem would be aggravated for the people who were downstream. Councilman Scoma stated that from a design engineering aspect the problem could not be solved by going upstream. Councilman Scoma stated he was in favor of the additional bridge construction work at Maplewood if there were funds available, but not at the expense of flooding other people. Mayor Brown called a recess. BACK TO ORDER Mayor Brown called the meeting back to order with the same members present. Mayor Pro Tern Davis stated there were enough funds in Calloway Branch Phase IIA to do the final design on the bridge and come up with the cost to construct the bridge. Mayor Pro Tern Davis stated that at one time it was estimated to cost $400,000 and at today's prices it could be $275,000. Mayor Pro Tern Davis stated he did not want to take a chance on it costing $275,000 without doing a study and finalizing the specifications and detailed drawings on the bridge. Mayor Pro Tern Davis stated the input tonight had been beneficial and helpful to the Council in making decisions on the three projects. Mayor Pro Tern Davis stated that when the funds were available and the Council thought it was a priority item then it would be let for bidding. Mr. Greg Schaafsman, 7416 Jade Circle, appeared before the Council. Mr. Schaafsman expressed concern about the safety of his children. Mr. Schaafsman stated he felt that if the Maplewood Bridge were taken care of, it would solve the drainage problem. Mr. Schaafsman stated he would like for the bridge to be included in Phase IIA. Mr. Stan Bradshaw, 7512 Jade Circle, appeared before the Council. August 14, 1989 Page 9 Mr. Bradshaw stated he did not understand how some things could be funded that were not voter approved, and things that were needed could not be done. Mayor Pro Tern Davis moved, seconded by Councilman Welch, to approve PW 89-27. Motion carried 7-0. 20. PW 89-28 AWARD OF BID FOR CALLOWAY BRANCH, PHASE IIA IMPROVEMENTS APPROVED (Item was discussed with Item No. 19) Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to award the contract to M.A. Vinson Construction in the amount of $585,382 and approve the transfer of $413,000 to Unspecified Funds and that part of the motion include the final engineering be completed on the Maplewood Bridge at Calloway Branch. Councilwoman Spurlock asked if the addition to the motion regarding the bridge should be addressed with Item number 21 since the extra money had been included in this item. Mayor Pro Tern Davis stated that the reason for it being included was to let the people know that the final engineering would be done on the bridge. Motion carried 7-0. 21. PW 89-29 APPROVE BUDGET FOR THREE MISCELLANEOUS DRAINAGE PROJECTS APPROVED (Item was discussed with Item No. 19) Mayor Pro Tern Davis moved, seconded by Councilman Sibbet, to approve the proposed budget of $681,300 as recommended by the Staff on the three drainage projects. Councilwoman Spurlock stated she would like to see this postponed until after the adoption of the budget. Mayor Pro Tern Davis stated he did not want to postpone this as one of the projects was within two or three weeks from being ready to bid. Councilwoman Spurlock asked about the possibility of postponing action until the cost of the bridge was available. Mr. Line stated that Items 2 and 3 (Willow Crest and Shauna Drive Drainage Improvements) were brought before the Council to establish a budget for the projects. Mr. Line stated that as a separate item consideration August 14, 1989 Page 10 should be given to authorize the staff to negotiate a contract to do the engineering. Mr. Line stated, to the best of his knowledge, the engineering on the projects had not started because the contract had not been finalized. However, Project Number 7 (Bogart/Deaver Drive Drainage Improvements) had started as Knowlton English Flowers was operating under a continuing project. Councilman Scoma stated that for clarification the action taken tonight was to come up with the finite dollar amount as to a design and cost so that the Council could take action. Mr. Line stated that after the engineering was approved the plans and specifications would be brought before the Council for approval prior to advertising for bids. Councilman Scoma stated he just wanted all those present to know the Council was taking action to improve the projects upstream tonight, that the Council was aware of the flooding problems and engineering needed to be done. Mayor Pro Tern Davis stated this was establishing a budget for construction once the bids were received. Councilman Scoma stated it was an estimated budget at this point. Mayor Pro Tern Davis stated that was correct, once the final engineering design was done, bids would be let, then funds would be transferred to the unspecified account. Mr. McEntire stated the Council was establishing budgets for three projects, that there was a series of things that had to be done before funds could be spent. Motion carried 6-1; Mayor Pro Tern Davis, Councilmen Garvin, Scoma, Welch, Metts and Sibbet voting for and Councilwoman Spurlock voting against. Mr. Line stated on projects 2 and 3, Item No. 21, the selection of an engineering firm was excluded from the motion and needed to be addressed. Councilman Garvin moved, seconded by Mayor Pro Tern Davis, that in respect to Project No.2, that the City Manager be instructed to contract or approach Rady & Associates on contracting, and on Project No.3 instruct or request the City Manager to attempt to negotiate a contract with Albert Halff & Associates. Councilman Garvin amended the motion, seconded by Councilwoman Spurlock, to state to negotiate with Knowlton English Flowers as well as the other two firms. Motion carried 7-0. August 14, 1989 Page 11 *22. PW 89-30 AWARD OF BID ON AMUNDSON ROAD 1.5 M.G. ELEVATED STORAGE TANK APPROVED *23. PW 89-31 APPROVAL OF CHANGE ORDER NO. 1 - MISCELLANEOUS WATER & SEWER IMPROVEMENTS APPROVED *24. PAY 89-06 APPROVE FINAL PAY ESTIMATE #1 IN THE AMOUNT OF $22,700 TO INSITUFORM TEXARK, INC. - REHABILITATION OF SANITARY SEWER IN SNOW HEIGHTS ADDITION: SHAUNA DRIVE TO RIVIERA DRIVE APPROVED 25. CITIZENS PRESENTATION - 1) MRS. PAM PIETRYKOWSKI 7112 GREENHILL TRAIL - RE: STREET WORK Ms. Pam Pietrykowski was not present. Reverend Paul Paschall, 7200 Lola, appeared before the Council. Reverend Paschall stated he had previously addressed the Council on February 12, 1989 regarding the house that had burned at 7204 Lola. Reverend Paschall stated he realized the property was in litigation however nothing had been done to the house. The property was really deteriorating and it was an eyesore. Reverend Paschall stated they were also having problems with rats and the yard was not being mowed. Mr. McEntire stated that in February the insurance company had sent a check, however, since one of the owners, Mrs. Burns, had died there was no one to endorse the check. Mr. McEntire stated that the City gave notice to the Mortgage Company that they were going to demolish the house. Since the City had to serve the owners they would have to wait until an administrator of Mrs. Burns' Estate was appointed and then serve the administrator regarding demolition of the house. Reverend Paschall stated he just wanted the City to be aware of the problem with the rats and the yard. Mr. McEntire stated that the City had to adhere to notice which requires notice be given after the grass reaches a certain height, then wait ten days before mowing it. Councilman Garvin assured Reverend Paschall that there was not one of the Council that did not share his concern. August 14, 1989 Page 12 Mr. Line stated he had already gotten an estimate on the City's cost of demolition. Mr. Line stated that he would like to do it immediately and would if he thought the City would not incur a lot of liability. Mr. McEntire stated he would like to advise the City to demolish it however he did not think the City needed to incur a liability that was obviously going to happen if the City proceeded. Councilman Sibbet asked if there was anything the City could do as far as controlling the rats. Mr. Line stated the staff would check into it. Councilman Welch asked the Attorney for the City if there was any law which prohibited putting out poison. Mr. McEntire stated he would be hesitant about putting out poison because of dogs and children. Ms. Tina Clifton, 7208 Lola, appeared before the Council. Ms. Clifton asked why it was so difficult to find the executor of the will. Mr. McEntire advised the bank had filed for an administrator but it had not been approved. Mr. McEntire stated there was no executor because there was no will. Ms. Margaret Hill, 7224 Lola Drive, appeared before the Council. Ms. Hill stated that the house had really deteriorated and that she could not believe there was not a solution to demolish the house. Mayor Brown stated he believed the City was doing everything it could. Mr. Hoke Willingham, 7220 Lola, appeared before the Council. Mr. Willingham stated that if one of the Council lived next door they would find a way to get rid of the house. He was tired of the rats. 2) MS. SHERRY CONNAWAY - 6212 ABBOTT - RE: NEED FOR SWIMMING POOL IN NORTH RICHLAND HILLS Ms. Sherry Connaway, 6212 Abbott, appeared before the Council. Ms. Connaway stated she wanted to address the Council about a swimming pool but did not feel this would be the appropriate time or meeting and would like to address it at a later date. 3) MR. DENNIS LANG - RE: PAVING ASSESSMENTS FOR MARTIN DRIVE Mr. Dennis Lang, 8800 Martin, appeared before the Council. Mr. Lang stated he would like to address the Council on the assessment of curb and gutter on Martin Drive. Mr. Lang stated that he had bought his August 14, 1989 Page 13 house and later bought an additional two acres from two different tracts. Mr. Lang stated he did not think his property should be assessed at $40.00 a foot and wanted the Council to reconsider. Councilman Garvin stated he did not think the Council could take action tonight. Councilman Garvin asked that the Staff be instructed to place this item on the next agenda and to recalculate it at a residential frontage rate. Mayor Pro Tern Davis asked Mr. Lang if he was at the Public Hearing in May of 1988. Mr. Lang stated no, he was out-of-town. Ms. Janell Oujeksi, 7613 Jean Ann appeared before the Council. Ms. Oujeski stated that for the last five years she had been in contact with the Inspection Department concerning high weeds and junk cars. Ms. Oujeski stated she felt the Inspection Department needed more power in order to eliminate this problem. Ms. Oujeski stated that the majority of fines assessed for code violation were never paid, they were appealed to the County. Ms. Oujeski stated that maybe the ordinance needed to be rewritten. Ms. Oujeski stated that the City of Arlington has an ordinance that gives the city the power to tow a junk car and crush it. Ms. Oujeski stated that North Richland Hills needed a Court of Record in order to enforce City and State laws. Mayor Brown stated that the City did have code enforcement and the ordinances were being enforced. Ms. Oujeski stated she knew tickets were issued but they were never paid. Mr. Line stated that he wanted to assure Ms. Oujeski that the City was very concerned about this problem and would do everything within the existing law to take care of it. Mr. Line advised Ms. Oujeski that the issue of a Court of Record was being discussed. Mr. McEntire stated that a new legislative law was going into effect January 1st that would help when dealing with junk cars. Councilman Sibbet stated that it might be appropriate for the Beautification Committee to look into this. Councilman Sibbet stated that the Committee was looking into several of the City's codes to try and establish a model ordinance. Councilman Scoma stated this was not a new problem. Councilman Scoma stated the Council would be looking into the possibility of establishing a Court of Record. Councilman Garvin stated that he had also heard about tickets being issued and never paid because they were appealed. Councilman Garvin stated a August 14, 1989 Page 14 Court of Record would help the situation. Councilman Garvin thanked Ms. Oujeski for taking time to attend the Council Meeting. Councilwoman Spurlock stated the City was looking into establishing a Court of Record. Councilwoman Spurlock stated she felt the City was losing money on the citations that were being appealed to the County. Councilman Welch stated he agreed with what Ms. Oujeski had said. Councilman Welch stated there was an old cadillac behind the shopping center on Rufe Snow that had the windows broken out and the tires were flat. Councilman Welch stated he would like to see something done to eliminate this type of situation. Ms. Vicki Stewart, 8637 Stonecrest Trail, appeared before the Council. Ms. Stewart stated it was not just the junk cars it was also weeds. Ms. Stewart stated that people were ticketed time after time and the tickets were not paid because they were appealed. Ms. Stewart stated that for the past two years there had been a house behind them that had the grass as high as her cyclone fence. Councilwoman Spurlock stated she would like a legal opinion on the zoning case that was heard at the beginning of the meeting. Councilwoman Spurlock asked if the landscaping requirements would apply to this property. Mr. McEntire stated that the fact that the property was being used for C-2 and now had a C-2 Special Use Zoning Landscaping Requirements could be placed on the special use permit. Mayor Pro Tern Davis asked that even though it had been rezoned would they have to meet the existing requirements of C-2. Mr. McEntire stated they would have to meet the existing requirements of C-2. Mr. Line stated that he would assure the Council that if the ten percent landscaping applied the City would enforce it. Mr. Horvath asked if the landscaping requirement could be enforced. Mr. McEntire stated there would be a problem on the enforcement because they would probably never apply for a building permit. Mayor Pro Tern Davis asked if real estate could still be sold at this location. Mr. McEntire stated it would stop the sale of real estate at that location. Councilman Scoma stated the property was zoned C-2 and therefore fell under the C-2 regulations with the stipulations that the Planning and Zoning Commission had placed on it. August 14, 1989 Page 15 Mayor Pro Tern Davis stated that actually the property could only be used for consignment of automobiles, and not for the sale of real estate. Councilwoman Spurlock stated she saw a legal problem in enforcing some of the restrictions since it was C-2 zoning with stipulations. Mayor Pro Tern Davis stated it was C-2 nonconforming before the rezoning but since the use has changed it falls under all the requirements of Ordinance No. 1080 plus the stipulations. Mr. Horvath stated that in the minutes of the Planning and Zoning Meeting Mr. Eddleman stated he would still have the real estate office there. Mayor Pro Tern Davis stated they would still have to meet the ten percent landscaping requirement. Mr. McEntire stated that from looking at this case the special use was for the back of the property only. Councilman Garvin stated that was the condition of the special use that she only use the back of the property. Mayor Pro Tern Davis stated that by order of the ordinance the entire property was rezoned. Councilman Scoma stated that it was stipulated in the code that the Council had the right to establish certain specific authorizations to the normal code standards. Mayor Pro Tern Davis stated he felt an interpretation was needed because the ordinance stated the following described property would be rezoned from C-2 to C-2-SU and it described the entire piece of property. Mayor Brown stated that if the Council desired this case could be brought back for clarification at the next Council Meeting. 26. ADJOURNMENT Mayor Pro Tern Davis moved, seconded by Councilman Metts, to adjourn the meeting. Motion carried 7-0. c-i..!'-J'~ Mayor ATTEST: ,/} ./ ' j ~/,¿...vi