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HomeMy WebLinkAboutCC 1988-06-13 Minutes · ..... ,...... Present: ITEM QEQUEST OF FOUR ¿ASONS NURSING HOME FOR REPLAT OF LOT 7A, BLOCK A CALLOWAY FARMS ADDITION AMENDMENT TO ORDINANCE NO. 722, CHANGING SPEED LIMITS ON ONYX DRIVE SOUTH, ORDINANCE NO. 1548 AWARD OF BID ON GRAPEVINE HIGHWAY WATER LINE, PRESSURE PLAN REGULA TI ON, AND RUFE SNOW AL TITUDE VALVE IMPROVEMENTS J ' - ~k:f~X%E R%ilSED FOR CARSTO N COURT N ADDITION NOTES ON PRE-COUNCIL MEETING JUNE 13, 1988 Tommy Brown Dick Fisher Richard Davis Mack Garvin Frank Metts, Jr. Byron Sibbet Linda Spurlock Rodger Line Jeanette Rewis Mike McEntire Greg Dickens Jerry McGlasson John Whitney Richard Albin Mayor Mayor Pro Tern Councilman Councilman Councilwoman Counc ilman Councilwoman City Manager City Secretary Attorney Public Works Director Police Chief Support Services Director City Engineer Absent: Marie Hinkle Dennis Horvath Councilwoman Senior Assistant City Manager DISCUSSION ASSIGNMENT Questions were raised and apparently Approved by City Council answered satisfactorily about the dedication of right-of-way for future widening of Glenview. It was pointed out that Councilwoman Approved by City Council Spurlock had brought forward the information that an unnecessary 20 m.ph. speed zone existed on Onyx Drive South. It was pointed out that this is the type Approved by City Council of system improvements that is urgently needed and has helped cause the need for a rate increase. Mr. Line d a ViSed th l17ent On th d t eVel"~ e dt"a in One W, age þJ as dl7s. ìh_ in agrlJA ITEM PUBLIC NOTIFICATION - FOR EPA REQUIRED NOTICE OF POSSIBLE LEAD CONTAMINATION IN DRINKING WATER RECONSIDERATION OF WATAUGA ROAD ALIGNMENT WATER AND SEWER TILITY RATE UPDATE -INFORMATION DISCUSSION signed the letter of agreement. Mr. Line stated there was a need to find a means of implementing the plan. Mr. McEntire advised a lien could be placed on the property and no building permits be issued until the drainage was satisfied. Subsequently, a signed letter was presented which gives the needed controls. 6/13/88 Pre-Council Minutes Page Two ASSIGNMENT E.P.A. The letter Mr. Dickens will send Mr. Line advised this notice was required by Greg Fo 11 ow up to all water customers explains the situation as well as possible. Councilwoman Spurlock asked how the water customers would be notified. Mr. Line advised the letter would be mailed to the citizens. Mayor Brown advised the Planning and Zoning Commission had sent this back to the Council for reconsideration. After considerable discussion and comments by all City Council Members, it was the consensus of the Council to leave the alignment as previously approved. Mr. Line advised that additional information had been given to the Council. Mr. Line asked if there C.A. Note Jeanette - Rex Ordinance ratifying decision on Agenda for June 27th 6/13/88 Pre-Council Minutes Page Three 2M DISCUSS ION ASSIGNMENT were any questions. Councilwoman Spurlock stated she realized the City had to have the increase by October in order to meet obligations. Councilwoman Spurlock asked if the increase could be divided into two phases, July 1st and October 1st. Mayor Brown stated only the Public Hearing would be held tonight. Mr. Line advised the Staff needed direction on preparing the ordinance for the rate increase. Councilman Davis stated he understood the Council would vote on the increase tonight. Mr. Line advised the decision could be made tonight. Councilman Davis asked how much the surcharge would be. Mr. Dickens stated it would depend on the size of the meter, approximately $3.00 a month. Mr. Line advised if some kind of adjustment was not made this summer the City would be in bad shape as far as the expense of the upkeep on the system. Councilman Davis asked if commercial customers paid the same as residential. Mr. Dickens stated it depended on the size of the meter. ¡EM CLARIFICATION OF SECTION 24.12 OF THE ZONING ORDINANCE - GARAGE SALES EMERGENCY REPAIR TO AIR CONDITIONING UNIT AT LIBRARY/ RECREATION CENTER ITINERANT VENDORS AND SOLICITORS, ORDINANCE NO. 1550/ REPEALING ORDINANCE NO. 1357 POSSIBLE WORK SESS ION OTHER ITEMS DISCUSSION Councilman Davis stated he thought the City should issue the permit and revise the wording to include commercial property. Councilman Sibbet asked if only two permits a year were allowed. Mr. Line replied yes. 6/13/88 Pre-Council Minutes Page Four ASSIGNMENT Jeanette - Rex Please issue permit & initiate revision to Zoning Ordinance to cover vacant commercial property Mayor Brown advised the Council that 19a., John Approved by City Council Emergency Repair to Air Conditioning Unit at the Library and Park and Recreation Center, had been added to the agenda. Mayor Pro Tern Fisher stated he thought the units were investigated when the church was purchased. Mr. Whitney stated the air conditioning was designed for a church. Mr. Whitney stated that all the units needed to be refurbished. Mr. Line advised the units had been checked, and were okay. Mr. Line stated the problem now was that some worked all the time and some did not work any time. Mr. Line requested this item be postponed and would be placed on the next Agenda. A work session on the Sign Ordinance was set for June 22, 1988 at 6:30 p.m. 1. Councilman Davis asked the Council to consider letting Dr. Mitchell (dentist) Jeanette Note Staff Note Greg Please respond EM DISCUSSION obtain water from Haltom City on an emergency basis only. Dr. Mitchell was at the very end of the water system and when the water was cut off his business was also cut off. Mr. Line was asked to negotiate with Haltom City. Councilwoman Spurlock asked if North Richland Hills would have to lay the water lines. Councilman Davis stated that Dr. Mitchell would have to lay the lines. This would be for emergency use only. 2. Mr. Line advised that Councilman Garvin had asked about a temporary street while Smithfield Road was being worked on. The estimated cost for a temporary road would be approximately $13,600. Mr. Line recommended the temporary road and advised the City would have to get permission from the property owners involved. Mayor Pro Tern Fisher asked how long the road would be closed. Mr. Dickens advised it could be as long as three to four weeks. Council agreed on a temporary road. 6/13/88 Pre-Council Minutes Page Five ASSIGNMENT Greg Fo11 ow up 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 - JUNE 13, 1988 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order June 13, 1988, at 7:30 p.m. Present: Tommy Brown Dick Fisher Mack Garvin Richard Davis Frank Metts, Jr. Byron Sibbet Linda Spurlock Staff: Rodger N. Line Jeanette Rewis Rex McEntire Richard Albin Absent Marie Hinkle Dennis Horvath 2. ROLL CALL Mayor Mayor Pro Tern Councilman Councilman Councilman Councilman Councilwoman City Manager City Secretary Attorney City Engineer Counc ilwoman Senior Assistant City Manager 3. INVOCATION Councilman Garvin gave the invocation. 4. MINUTES OF THE REGULAR MEETING MAY 23, 1988 APPROVED Councilman Davis moved, seconded by Councilman Garvin, to approve the Minutes of the May 23, 1988 Meeting. Motion carried 6-0. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Sibbet removed Item No. 14 and Councilman Garvin removed Item No. 13 from the Consent Agenda. June 13, 1988 Page 2 6. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (9, 11, 15, 17, 18, 19, 20 & 21) APPROVED Mayor Pro Tern Fisher moved, seconded by Councilman Garvin, to approve the Consent Agenda. Motion carried 6-0. 7. PZ 88-2 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF LEONARD HAZEL, BOB D. HALL, F.G. STIMMEL, AND A.I. SKUR, JR., TO REZONE 4P3, 4PIB, 4Pl, AND 4P2, A.G. WALKER SURVEY, ABSTRACT 1630, THE SOUTH ONE-HALF OF LOT 11, BLOCK 1, J.M. ESTES SUBDIVISION AND LOT 8, BLOCK 1, HENRY ADDITION FROM C-2 (COMMERCIAL) AND R-7MF (MULTI-FAMILY) TO I-2 (INDUSTRIAL) (LOCATED SOUTH OF GLENVIEW DRIVE BETWEEN FLORY STREET AND SCRUGGS DRIVE) Mayor Brown opened the Public Hearing and called for anyone wishing to speak to please come forward. Mr. Bob Hall, 6200 Abbott, representing the applicants, appeared before the Council. Mr. Hall stated that on Grapevine Highway, the I-2 zoning that fronts the major intersection sets the tone for the tract of land between Glenview, Grapevine Highway and Parchman. Mr. Hall stated that in the confines of the area there were currently four different types of zoning, MF, C-1, C-2 and Industrial. Mr. Hall stated the property in question was surrounded by C-2 zoning with the exception of one tract which was multi-family. Mr. Hall requested that this zoning request be granted to enable the owners to use the property in a manner that was consistent. Mr. Hall stated that the tract that extended onto Scruggs, which he owned, was currently zoned C-2 and R-7 MF. Mr. Hall stated that at the Planning and Zoning Public Hearing it was suggested that this tract be excluded and be rezoned to C-2 as opposed to the balance of it being accepted as Industrial. Mr. Hall stated he would accept the C-2 zoning. 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. Councilman Garvin stated there was some 1-2 zoning in the area, but he felt like this would be spot zoning. Councilman Garvin stated he felt like it would be a salvage yard. Councilwoman Spurlock stated that she concurred with Councilman Garvin; that she felt like it would be a salvage yard. June 13, 1988 Page 3 Councilman Davis stated the applicant was agreeable with C-2 zoning, and asked that if the other three tracts were denied, if there was any reason why the Council could not rezone Lot 8, Block 1 as C-2. Mr. McEntire stated that as long as the category was upgraded and not downgraded. 8. ORDINANCE NO. 1549 APPROVED - STIPULATION Councilman Garvin moved, seconded by Mayor Pro Tern Fisher, to deny PZ 88-2 with the exception of Lot 8, Block 1, Henry Addition and grant C-2 zoning for that tract. Motion carried 6-0. * 9. PS 88-4 REQUEST OF FOUR SEASONS NURSING HOME FOR REPLAT OF LOT 7A, BLOCK A, CALLOWAY FARMS ADDITION (LOCATED ON THE NORTHWEST CORNER OF GLENVIEW DRIVE AND BOOTH CALLOWAY ROAD) APPROVED 10. SO 88-1 REQUEST FOR BILLBOARD DENIED Mr. Stan Halmand, 3611 Regeant, Dallas, appeared before the Council. Mr. Halmand stated he had a client that wanted to erect a billboard for a new restaurant at Lot 2R, Block 2, Norwood Shopping Center. Mr. Halmand stated that they had met all of the requirements. Councilman Davis stated his concern was not with the location, but felt it would take away from the Bank and Wal Mart signs presently at this location. Councilman Davis stated this would also affect further development and then there would be too many signs at that location. Mr. Halmand stated the location of the sign was flexible; the sign could be moved. Councilman Sibbet asked how far west the sign could be moved. Mr. Halmand stated there was 673 feet of frontage to work with. Mr. Halmand stated they felt this would be the best location for it. Councilman Davis moved, seconded by Councilwoman Spurlock, to deny SO 88-1. Motion to deny carried 5-1; Mayor Pro Tern Fisher, Councilwoman Spurlock, and Councilmen Davis, Sibbet and Garvin voting for denial and Councilman Metts voting against. June 13, 1988 Page 4 *11. GN 88-45 AMENDMENT TO ORDINANCE NO. 722, CHANGING SPEED LIMITS ON ONYX DRIVE SOUTH, ORDINANCE NO. 1548 APPROVED 12. GN 88-46 APPOINTMENT TO CABLE TV BOARD APPROVED Councilman Garvin moved, seconded by Councilman Davis, to appoint George Angle, to Place 2 on the Cable TV Board. Motion carried 6-0. 13. GN 88-47 ITINERANT VENDORS AND SOLICITORS, ORDINANCE NO. 1550/REPEALING ORDINANCE NO. 1357 TABLED Councilman Garvin moved, seconded by Mayor Pro Tern Fisher, to table Ordinance No. 1550 to the June 27, 1988 Meeting. Motion carried 6-0. 14. GN 88-48 APPOINTMENT OF ALTERNATE JUDGE TABLED Councilman Sibbet moved, seconded by Councilman Garvin, to table GN 88-48. Motion carried 6-0. *15. GN 88-49 APPROVE REVISED DRAINAGE PLAN FOR CARSTON COURT ADDITION APPROVED 16. GN 88-50 PUBLIC HEARING ON PROPOSED WATER AND SEWER RATE INCREASE Mayor Brown advised that it was the consensus of the Council to place a five minute limit on those who wished to speak on this item. Mayor Brown opened the Public Hearing and called for anyone wishing to speak to please come forward. Mr. Louis McClain, Consultant, appeared before the Council. Mr. McClain briefed the Council on a scope of the study. June 13, 1988 Page 5 Mr. McClain stated that this was the first proposed increase since 1981. Mr. McClain stated that this increase was necessary because of Fort Worth's increases. Mr. McClain presented the following information: The implementation scenario offers three different alternatives for the proposed increase. Scenario I: 18.5% effective June 1, 1988 10.5% effective October 1, 1988 4.6% effective October 1, 1989 4.0% effective October 1, 1990 1. Of the 10.5% increase in October, 1988, 1.28% was due to increase in the cost of water purchases and wastewater treatment from TRA and City of Fort Worth. 2. Of the 4.6% increase in October, 1989, 2.67% is a pass-through of costs as stated above. 3. Of the 4.0% increase in October, 1990, 3.91% is a pass-through of costs as stated above. 4. A summer surcharge was also proposed effective June 1, 1988. It was to be applied for the months of June, July, August and September for each fiscal year. Scenario II assumes the rate increase will become effective July 1, 1988. Under that assumption, the revenues collected through September 30, 1988 appear to be sufficient to meet bond covenant requirement of 1.3. The bond sale could take place at the same time as the proposed General Obligation Bond Sale if the rate increase was as outlined in Scenario II. Scenario III was based on postponement of the rate increase until October 1, 1988. The rates would be increased across the board by 34% with an additional 1.85% anticipated as pass-through cost for TRA and Fort Worth. This pass-through rate was based on current information supplied from the City of Fort Worth. The revenue bond rate coverage thru September 30, 1988 (0.823) would not be sufficient to sell bonds. The City must have a minimum of 130% coverage in order to issue new debt. Because of this inadequacy, a complete fiscal year must pass before having sufficient coverage. The earliest date for the proposed bond sale would be January-February, 1990. Mayor Pro Tern Fisher asked if the Council made it effective July 1st if the increase would be 19.5 percent and October 1st 10.5%. Mr. McClain stated yes, plus any pass-through adjustments that came along after that, which was being projected at 1.85%. Mayor Pro Tern Fisher asked if the percentages were the same for October 1989 and October 1990. June 13, 1988 Page 6 Mr. McClain stated that in 1989 and 1990 there would be no need for additional rate increases other than the pass-through connected to TRA and the City of Fort Worth. Mayor Pro Tern Fisher asked Mr. McClain to explain the surcharges. Mr. McClain stated there was a consumption pattern for the City as a whole and of various customer classes. Mr. McClain stated that the peak of consumption for water was during the summer months. Mr. McClain stated that because of the peak demand the entire system placed on Fort Worth they charged a surcharge. Mr. John Gibbs, 5728 Bermuda, appeared before the Council. Mr. Gibbs asked several questions concerning North Richland Hills water and sewer rates compared to other cities, the relationship to Fort Worth rates, the surcharge and access fees for future customers. The Mayor, Council and Staff answered each of Mr. Gibbs' questions. Mr. Dan Echols, 5016 Nevada, appeared before the Council. Mr. Echols stated that the increases in 1981 were sufficient to absorb water and sewer increases from Fort Worth and TRA service suppliers for a number of years and support three separate revenue bond issues, the proposed increases of 1988 were not intended to maintain a level rate for a given number of years. Mr. Echols stated that rather, it provides for supplemental "pass-through" charges of all increases by Fort Worth and TRA. Mr. Echols stated the bottom line of his presentation were four strong recommendations: 1. Appoint a Public Utilities Commission for North Richland Hills to deal with the complex issues of utility rates - not only for water and sewer but for the franchised utilities as well. 2. Implement pass-through of actual charges of Fort Worth and TRA rate increases to keep the City from getting into this precarious position again, but keep the North Richland Hills Representative, Richard Davis, on the Fort Worth Rate Review Board active to protect the City's interests according to the water and waste water contracts. The City should also take an active role in working with the Trinity River Authority on rate issues. 3. Implement July 1 rate increases only in amount necessary to correct the City's financial stability ratios to meet legal requirements and good business practice. Do not continue those rates any longer than is necessary to accomplish this purpose. Let the pass-through provision take care of verified and substantiated increases. 4. Abandon the idea of summer surcharges, which are unfair and counter-productive to the good of North Richland Hills - city and citizens. Instead, study approaches which will actually help control the peak day/hour use - reserve storage or use of restrictions such as odd and even watering during severely hot and dry weather. June 13, 1988 Page 7 Mr. Charles Scoma, 8300 Cardinal, appeared before the Council. Mr. Scoma pointed out research had been done concerning Fort Worth charges for water and sewer. Mr. Scoma asked about comparison rates and suggested that a committee be appointed to study the rate increase. Mr. Scoma also expressed concern about the impact on older citizens on fixed incomes. Mr. Scoma felt he might be able to come up with some suggestions for the Council within a couple of weeks. Councilman Sibbet stated he would like for Mr. Scoma to give the Council ideas on how the senior citizens could be helped. Councilwoman Spurlock stated she understood Fort Worth was increasing the City's water rates and from what Mr. Echols had said Fort Worth was not increasing the rates. Mr. McEntire stated North Richland Hills had not increased their water rates in seven years but Fort Worth had. Councilwoman Spurlock asked if this was just a catch up. Mr. McEntire replied yes. Mr. George Tucker, 3905 Diamond Loch, appeared before the Council. Mr. Tucker spoke in support of the increase in order to keep the City's good bond rating, but was thoroughly opposed to the surcharge concept. Mr. Warren Condra, 7458 Meadow Court, appeared before the Council. Mr. Condra spoke about TAD's operation and the unfairness of the Social Security law for those born between 1917 and 1921. Councilman Davis stated one way to help someone on a fixed income would be if they did not get into the high usage they would not have to pay a surcharge. Councilman Davis stated the City could look into averaging the water bills. Ms. Myrtis Byrd, appeared before the Council. Ms. Byrd stated she supported Mr. Echols's recommendations. Ms. Byrd stated she would like for Mr. Gibbs to serve on the committee. Ms. Byrd stated that she was against the surcharge. Ms. Cindy Martin, 6620 Parkridge, owner of Town and Country Car Wash, appeared before the Council. Ms. Martin asked the Council to explain the surcharge. Ms. Martin stated that her peak months were November through January and that her sewer rates were based on water usage. Ms. Martin stated that there were three toilets in their facilities and they paid $220 in sewer charges. Councilman Davis stated that Mr. Maness was checking into her situation concerning the sewer rate. June 13, 1988 Page 8 Mr. Gilbert Caldwell, 6813 Old Mill Road, appeared before the Council. Mr. Caldwell spoke against the surcharge concept. Mr. Caldwell stated that he was opposed to the surcharge even if it meant that the overall percentage of the raise would have to be higher. Mr. Caldwell stated he was not against the increase, but was opposed to the idea of a surcharge. RECESS Mayor Brown called a five minute recess. BACK TO ORDER Mayor Brown called the meeting back to order with the same members present as recorded. There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilman Garvin moved, seconded by Councilman Metts, that effective July 1, 1988 the water rate be increased by 31.22 percent, not have a surcharge and as the City had a pass-through from TRA and Fort Worth the rates would be adjusted. Motion carried 4-2. Mayor Pro Tern Fisher, Councilmen Garvin, Davis, Metts voting for, and Councilwoman Spurlock and Councilman Sibbet voting against. Councilman Davis moved, seconded by Councilman Garvin, to direct the staff to check into an averaging system for water and sewer bills. Motion carried 6-0. *17. PU 88-32 AWARD OF BID TO DEERSKIN MANUFACTURING IN THE AMOUNT OF $7,110 - ONE ANIMAL RESCUE TRANSPORT UNIT APPROVED *18. PU 88-33 APPROVE PURCHASE OF RIGHT-OF-WAY FROM ROCKY Q. TURNER AND WIFE GWENDOLYN TURNER FOR THE PURPOSE OF CONSTRUCTING SMITHFIELD ROAD (PARCEL #23) APPROVED *19. PU 88-34 APPROVE PURCHASE OF RIGHT-OF-WAY FROM WILLIAM R. BEASLEY AND WIFE LINDA BEASLEY FOR THE PURPOSE OF CONSTRUCTING SMITHFIELD ROAD (PARCEL #5) APPROVED June 13, 1988 Page 9 19a. PU 88-35 EMERGENCY REPAIR OF AIR CONDITIONING SYSTEM AT THE LIBRARY AND RECREATION CENTER IN THE AMOUNT OF $30,000.00 APPROVED Mayor Pro Tern Fisher moved, seconded by Councilman Metts, to approve PU 88-35. Motion carried 6-0. *20. PW 88-18 AWARD OF BID ON GRAPEVINE HIGHWAY WATER LINE, PRESSURE PLAN REGULATION, AND RUFE SNOW ALTITUDE VALVE IMPROVEMENTS APPROVED *21. PW 88-19 APPROVAL OF WATAUGA ROAD STREET AND DRAINAGE IMPROVEMENTS - CHANGE ORDER NO. 6 APPROVED 22. CITIZENS PRESENTATIONS None 23. ADJOURNMENT Mayor Pro Tern Fisher moved, seconded by Councilman Sibbet, to adjourn the meeting. Motion carried 6-0. Mayor ATTEST: ~J10 ;;~ C· Y Secretary