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HomeMy WebLinkAboutCC 1988-10-10 Minutes Present: ITEM ~ N' ORDINANCE NO. 1572, PROPOSED AMENDMENT TO ORDINANCE NO. 1080 (ZONING ORD- INANCE REGARDING SIGNS -·____~_________n.._..'____..__.__.__..."_____.__.._____ .__.._-----.--~-~._-~_.__.~--,._.__..._....~~._~------ NOTES ON PRE-COUNCIL MEETING OCTOBER 10, 1988 Tommy Brown Richard Davis Mack Garvin Frank Metts, Jr. Virginia Moody Byron Sibbet Linda Spurlock Lyle Welch Rodger Line Dennis Horvath Patricia Hutson Rex McEntire Lee Maness Greg Dickens C. A. Sanford George Tucker Richard Albin Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilwoman Councilman City Manager Senior Assistant City Manager Assistant City Secretary Attorney for the City Finance Director Public Works Director Economic Development Director City Planner City Engi neer Absent: Jeanette Rewis City Secretary DISCUSS ION ASSIGNMENT Mayor Brown introduced Jerrie Wright, Councilwoman for Richland Hills, to the NAN Council. Councilwoman Wright invited the Counc il to the "Halloween Hobo Partyll sponsored by Haltom City and Richland Hills. Mr. Horvath introduced Ms. Pamela Humphrey, reporter for Mid Cities Daily News, to the Council. Councilwoman Spurlock gave the Council C.A. Follow up a handout which outlined her concerns and questions regarding the proposed sign ordinance. Councilwoman Spurlock discussed each item with the TEM AMENDMENT TO WATER SERVICE CONTRACT WITH THE CITY OF FORT WORTH, ORDINANCE NO. 1568 MAYORS COUNCIL WATER CONTRACT "'ENEGOTIATION _..OMMITTEE CONTRACT FOR GOLF COURSE ENGINEERING DISCUSSION Council. Mr. Sanford addressed each of her questions and concerns. The Council agreed that some of her proposed changes were warranted and that she would make the motion at the meeting stating those changes. Mayor Brown gave the Council an update on the Water Contract Renegotiation Committee. Mayor Brown explained that the Committee was composed of area mayors and that he would be the voting member and Richard Davis and Greg Dickens would attend the meetings with him. Mr. Line explained to the Council that it was being recommended that the City Manager be authorized to negotiate a contract for the engineering services based on the priority sequence recommended by the committee. Mr. Line stated he would come back to the Council with a recommended contract. The Council Pre-Council Minutes 10/10/88 Page Two ACTION ITEM Greg Please follow up RNL & Greg Follow up TEM APPROVAL OF CHANGE ORDER NO. 13 - WATAUGA ROAD PAVING AND DRAINAGE IMPROVEMENTS Pre-Council Minutes 10/10/88 Page Three DISCUSSION ACTION ITEM agreed that this was satisfactory. Mayor Pro Tem Davis stated that a Special Council Meeting might be called. Councilwoman Moody questioned why this was Greg TAA not figured in the original bid. Councilman Garvin questioned the need for a sidewalk at this location. Mr. Dickens explained why this was not in the original bid and the need for the wall and the sidewalk. Mr. Dickens explained that the Subdivision Ordinance requires the developers to put in sidewalks on major thoroughfares and that eventually the land would be developed and the sidewalks would connect. Councilwoman Moody stated that she lived in North Park and that she had observed that the foot traffic on Watauga Road was very heavy. Councilwoman Moody felt that there was a need for the sidewalk. The majority of the Council agreed that a sidewalk at this location was not needed at this time. It was agreed that this item would be taken off of the Consent Agenda. --------_.__._.~~~~---~---- Pre-Council Minutes 10/10/88 Page Four TEM WORK SESSION DISCUSSION ACTION ITEM RNL Note Council agreed that a special meeting might be called to consider the award of the engineering contract. OTHER ITEMS Councilman Welch asked how the City was protected if one of the Teen Court NAN participants was hurt while working on city property. Mr. McEntire explained that the City would obtain releases from the participants. Mr. McEntire explained the City's liability. Councilwoman Spurlock asked what the out- Ron Foll ow up come of the insurance extension was from the last Council Meeting. Mr. McEntire stated that the agent gave the City a 45 day binder and the City was taking bids. Councilwoman Moody stated that she had a NAN problem with Item No. 18. Councilwoman Moody stated that she felt the Church should be required to sign a covenant. Mr. Dickens explained that a covenant was one of the options but the Church did not want to sign one. Mr. Dickens stated another option was to suggest that they take it to the Planning and Zoning Commission and Pre-Council Minutes 10/10/88 Page Five "TEM DISCUSSION ACTION ITEM the Council to request a variance from the Subdivision Ordinance. Mayor Pro Tem Davis agreed that the Church should be required to follow the Subdivision Ordinance and if they did not have the money now they should sign a covenant. Councilwoman Moody stated she would remove this item from the Consent Agenda. Mr. Maness introduced to the Council two NAN representatives from the MBank Corporation, the low bidder for the lock box services. Mr. Sanford stated that the Chamber of . C.A. F 011 ow up Commerce had requested the Council help conduct a business survey. Mr. Sanford stated the Chamber was asking each Council member to work on a team and go to three businesses in the City and work with those employers to do this survey. Mr. Sanford stated the purpose of the survey was to help market this area and also as a retention service to keep businesses here. Council agreed to do the survey. TEM DISCUSSION Mr. Horvath stated that October 11th was the first meeting of the Beautifi- cation Commission. Mr. Horvath stated that Ron Parks, a member of the Parks Board, had agreed to serve as a volunteer staff liaison between the Parks and Recreation Board and the Beautification Commission. Mayor Pro Tem Davis stated that since the Council's travel budget had been cut, he would recommend that if any of the Council was to attend TML in Dallas this year that the new members be the ones to attend. Mayor Pro Tem Davis stated that the hotel reservation for the hospitality room would be cancelled this year. Pre-Council Minutes 10/10/88 Page Six ACTION ITEM Dennis Foll ow up Jeanette Note 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 - OCTOBER 10, 1988 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order October 10, 1988, at 7:30 p.m. Present: Tommy Brown Lyle Welch Mack Garvin Frank Metts, Jr. Virginia Moody Byron Sibbet Linda Spurlock Staff: Rodger N. Line Dennis Horvath Patricia Hutson Rex McEntire Richard Albin Absent: Richard Davis Jeanette Rewis 2. ROLL CALL Mayor Counc ilman Councilman Councilman Councilwoman Counc ilman Councilwoman City Manager Senior Assistant City Manager Assistant City Secretary Attorney City Engineer Mayor Pro Tem Ci ty Secretary 3. INVOCATION Councilman Welch gave the invocation. 4. MINUTES OF THE SPECIAL MEETING SEPTEMBER 20, 1988 APPROVED Councilman Garvin moved, seconded by Councilman Metts, to approve the minutes of the September 20, 1988 Special Meeting. Motion carried 4-0; Councilwomen Moody and Spurlock abstaining due to absence from the meeting. 5. MINUTES OF THE REGULAR MEETING SEPTEMBER 26, 1988 APPROVED Councilman Garvin moved, seconded by Councilman Sibbet, to approve the minutes of the September 26, 1988 meeting. October 10, 1988 Page 2 Motion carried 4-0; Councilwoman Moody and Councilman Metts abstaining due to absence from the meeting. . 6. PRESENTATION OF PROCLAMATION - CAR CARE MONTH Mayor Brown presented Mrs. Myrtis Byrd with a proclamation for "Car Care Monthll. 7. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilwoman Moody removed Item Nos. 18, 19 and 23 from the Consent Agenda. 8. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (17, 20, 21, & 22) APPROVED Councilwoman Moody moved, seconded by Councilman Metts, to approve the Consent Agenda. Motion carried 6-0. 9. PZ 88-14 PLANNING AND ZONING - PUBLIC HEARING - REQUEST OF THE NORTH RICHLAND HILLS BAPTIST CHURCH TO REZONE LOTS A THRU F AND G-2 CALLOWAY ACRES ADDITION, LOTS 3 THRU 17 AND A PORTION OF LOT C, PARCHMAN ADDITION AND TRACTS 4A1 AND 4A2, A.G. WALKER SURVEY, ABSTRACT 1630, FROM C-1 (COMMERCIAL), R-7 (MULTI-FAMILY) AND U (INSTITUTIONAL) TO U (INSTITUTIONAL) (LOCATED SOUTH OF GLENVIEW DRIVE BETWEEN VANCE ROAD AND SCRUGGS DRIVE) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Mark Wood, 6317 Riviera, representing North Richland Hills Baptist Church, appeared before the Council. Mr. Wood stated the purpose of this request was to consolidate all of the property being used by the Church into one zoning category. Mayor Brown called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. 10. ORDINANCE NO. 1570 APPROVED October 10, 1988 Page 3 Councilwoman Moody moved, seconded by Councilman Garvin, to approve Ordinance No. 1570. Motion carried 6-0. 11. PZ 88-15 PLANNING AND ZONING - PUBLIC HEARING _ REQUEST OF MILDRED KIDWELL TO REZONE TRACT 7A AND A PORTION OF TRACT 7A6, S. RICHARDSON SURVEY, ABSTRACT 1266 FROM AG (AGRICULTURE) TO OC (OUTDOOR COMMERCIAL) (LOCATED ON DAVIS BOULEVARD NORTHEAST OF TIMBER DRIVE) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Curtis Kidwell, representing Mildred Kidwell, appeared before the Council. Mr. Kidwell stated they wanted to use of the property as a golf driving range. Mr. Kidwell stated that was the only purpose they had for the property at this time. Councilwoman Spurlock stated she was concerned about the comments that were made at the Planning and Zoning Meeting regarding the golf balls reaching the people's yards. Mr. Kidwell stated that the people who questioned the driving distance at the Planning and Zoning Meeting, their property was not adjacent to the proposed driving range and he did not think it was feasible for someone to hit a golf ball that far. Councilwoman Moody stated that the Planning and Zoning Minutes stated that the applicant would have no problem with it being restricted to recreational use. Mr. Kidwell stated that was correct; that recreational use was their main purpose. Mayor Brown called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 12. ORDINANCE NO. 1571 APPROVED Councilwoman Moody asked the Staff why a five year restriction was placed on the request. Mr. Tucker stated that driving ranges were usually considered a temporary use of land. Mr. Tucker stated that normally driving ranges were October 10, 1988 Page 4 considered to be warehousing of land until land values increased. Mr. Tucker stated that the Commission wanted to review the use of the property in five years to see if it was still appropriate. Councilwoman Moody asked if it was a recommendation from the staff. Mr. Tucker stated that it was not a staff recommendation. Councilwoman Moody moved, seconded by Councilman Garvin, to approve Ordinance No. 1571 without the five year restriction. Motion carried 5-1; Councilwomen Moody and Spurlock, Councilmen Sibbet, Garvin and Welch voting for, and Councilman Metts voting against. 13. PZ 88-17 PLANNING AND ZONING - PUBLIC HEARING - REQUEST OF THE CITY OF NORTH RICHLAND HILLS TO REZONE A PORTION OF TRACTS 2F AND 2B, T. AKERS SURVEY, ABSTRACT 19 FROM I-2 (INDUSTRIAL) TO R-2 (SINGLE FAMILY) (LOCATED NORTH OF LOOP 820 AND BOUNDED ON THE WEST BY HALTOM CITY) Mayor Brown opened the Public Hearing and requested anyone wishing to speak in favor of this request to please come forward. Mr. C.A. Sanford, speaking on behalf of the City of North Richland Hills, appeared before the Council. Mr. Sanford stated this request would zone the property west of the proposed golf course land adjacent to Haltom City. Mr. Sanford stated he felt it would be the highest and best use of the land. Mr. Sanford stated the property was presently in a trusteeship with FSLIC. Mr. Sanford stated that the FSLIC requested the City initiate the zoning request. Councilwoman Moody stated the property in Haltom City adjacent to this request was residential and the City would be in effect building a buffer between the residential and North Richland Hills' industrial by approving this zoning request. Councilman Sibbet asked if there would be adequate access for fire and police protection. Mr. Sanford stated the developer of the property would have to participate in Browning Drive which would give access to the property. 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. 14. ORDINANCE NO. 1573 APPROVED October 10, 1988 Page 5 Councilwoman Moody moved, seconded by Councilman Sibbet, to approve Ordinance No. 1573. Motion carried 6-0. 15. PZ 88-16 PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENT TO ORDINANCE NO. 1080 (ZONING ORDINANCE) REGARDING SIGNS Mayor Brown opened the Public Hearing and called for anyone wishing to speak to please come forward. Mr. Bob Hudiburg, Hudiburg Chevrolet, appeared before the Council. Mr. Hudiburg stated that to delete the use of pennants was a paramount to saying they did not need any signs. Mr. Hudiburg stated that the use of pennants in the automobile business was a way of merchandising. Mr. Hudiburg stated that he felt pennants should be allowed on commercial property with property controls and licensing. Mr. Hudiburg asked the Council to consider allowing the use of pennants. Mayor Brown called for anyone else wishing to speak to please come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 16. ORDINANCE NO. 1572 APPROVED Councilwoman Spurlock moved, seconded by Councilwoman Moody, to amend the definition "Temporary Sign" by deleting the word "flag" and include that logo flags or award flags be allowed and if the flag was flown in conjunction with a United States and/or Texas Flag it could be no larger than the accompanying flags and the size being no larger than 100 square feet. Motion carried 6-0. Councilwoman Spurlock moved, seconded by Councilman Metts, that Section 30.6 dealing with portable signs also state that the permit be displayed on the portable signs showing beginning and ending dates of the permit. Motion carried 5-1; Councilwoman Spurlock, Councilmen Sibbet, Garvin, Welch and Metts voting for and Councilwoman Moody voting against. Councilwoman Spurlock moved, seconded by Councilwoman Moody, that the wordage in Section 30.3.8 Filing and Permit Fees be changed to "1-50, 51-100, 101-200, 201-300 and 301 and above". Motion carried 6-0. October 10, 1988 Page 6 Councilwoman Spurlock moved, seconded by Councilwoman Moody, that Section 30.6.3 Weekend Builders Advertising be changed to include new apartment advertising for the renting of their premises and new home builders who rent or lease. Motion carried 6-0. Councilwoman Spurlock moved, seconded by Councilman Sibbet, to allow pennants in commercial zoning as allowed by the present sign ordinance. Mr. Line asked for a clarification of what the present ordinance allowed regarding pennants and what the proposed ordinance would allow. Mr. Sanford stated that the present ordinance only allowed for 50 square feet of pennants. Mr. Sanford stated the proposed ordinance does not define them as a permitted use. Councilwoman Moody stated she disagreed with the present ordinance. Councilwoman Moody stated that 50 square feet of pennants was not enough for a large automobile dealership. Councilwoman Moody stated she felt pennants should be allowed as part of the free enterprise system. Councilwoman Moody stated she felt both the present and proposed ordinances were unfair. The Council discussed allowing the use of pennants and concluded that the proposed Sign Ordinance could be considered for amendment upon the Planning and Zoning Commission's recommendation regarding pennants. Councilwoman Spurlock withdrew her motion and Councilman Sibbet withdrew his second. Councilman Garvin stated he felt that car dealerships could advertise without the use of pennants and that he did not want to make North Richland Hills look like East Belknap. Councilman Garvin stated he would n~t be in favor of allowing pennants. Councilman Garvin stated that if pennants were allowed for car dealerships it would also have to be allowed for other businesses. Councilman Sibbet stated he would be in favor of pennants and would like for the businessmen to meet with Mr. Sanford and negotiate a reasonable limit. Councilwoman Moody moved, seconded by Councilman Sibbet, to approve the proposed Sign Ordinance, Ordinance No. 1572, as amended. Motion carried 6-0. October 10, 1988 Page 7 *17. PS 88-7 REQUEST OF SEVERAL HOMEOWNERS TO REPLAT LOTS 10R-11R, BLOCK 9, LOTS 1R-9R, BLOCK 6, HALTOM RANCHLAND ADDITION, AND LOTS 3R-5R, AND 7R, BLOCK 4, DIAMOND LOCH NORTH ADDITION (LOCATED ON THE SOUTH SIDE OF TABOR STREET BETWEEN RUFE SNOW DRIVE AND DIAMOND LOCH NORTH) APPROVED 18. PS 88-21 CONSIDERATION OF A VARIANCE REQUEST FROM IMMANUEL EVANGELICAL LUTHERAN CHURCH ON TRACT A, BLOCK 7, HOLIDAY HEIGHTS ADDITION FOR CALLOWAY BRANCH CREEK APPROVED Councilwoman Moody expressed her concern about the taxpayers bearing the burden of another developer's responsibility. Councilwoman Moody stated she felt a covenant should be signed. Mr. Tom Miller, representing Immanuel Evangelical Lutheran Church, appeared before the Council. Mr. Miller stated the Church was seeking a variance because the cost of improving Calloway Branch was cost prohibitive to the congregation. Mr. Miller stated that in 1975 they improved the creek to the existing survey and provided an additional 25 feet of easement at their own cost. Mr. Miller stated the relocation of the students would remove them from the floodway. Councilwoman Moody asked if the school was a day care center. Mr. Miller stated no, that it was an educational facility. Councilwoman Moody stated she could not consider forgiving the fees of this channel. Councilwoman Moody stated the congregation owns the property and was the developer and as a developer they have certain obligations to meet. Councilwoman Moody stated she was not requesting that they do the channel now, but was asking that they sign a letter of covenant that the congregation would be prepared to meet their obligation in the future. Councilwoman Moody asked if they would be willing to sign a covenant. Mr. Miller stated they had considered signing a covenant, but because the channel was totally on their property, they would have to figure the cost of the improvement at 100 percent and the improvement would cost more than the proposed facility. Mr. Miller stated they could not afford to go into a covenant with the City. Councilwoman Moody moved, seconded by Councilman Metts, to approve the variance with a letter of covenant for the improvements to Calloway Branch. October 10, 1988 Page 8 Councilwoman Spurlock asked if the only improvement to the land in 1975 was the grading of it. Mr. Line stated when the existing building was constructed the Subdivision Ordinance at the time required that the drainage channel be widened. Mr. Line stated that since that time the Subdivision Ordinance had been amended to require that channel sides be concrete lined. Councilwoman Moody stated she felt the Church should be allowed to build their school, but at the time that the drainage work was required, they should be required to pay their fair share of the drainage channel improvements. Mr. Merl Wade, Pastor, appeared before the Council. Mr. Wade stated that at the time they constructed the Church they were required to give a 100 foot easement, the full eastern part of their property and the Church met all of the City's requirements including dredging the ditch. Mr. Wade stated the Church put money into escrow for the improvement of Lola Drive, and put in the required fire hydrant on their property. Mr. Wade stated it was impossible for the Church to sign a covenant knowing that they would be unable to come up with the money. Mr. Wade stated that they would relocate first. Councilwoman Spurlock asked how their burden would be affected when the impact fees went into effect. Mr. Dickens stated it would depend on the rate that the Council put into effect. Councilwoman Moody called for point of order. Councilman Sibbet asked what type of erosion could be expected on the west side of the property in a 100 year flood. Mr. Dickens stated it was not necessarily the 100 year storms that caused erosion but the medium size storms. Councilman Metts asked when they planned to begin their proposed building project and how long would it take to pay for it. Mr. Wade stated they hoped to go out for bids in four weeks, construction would be complete in approximately four months, and they were planning to pay for it in fifteen years. Councilwoman Moody called for the question. Motion carried 3-4; Councilwoman Moody, Councilmen Welch and Sibbet voting for and Councilwoman Spurlock and Councilmen Garvin and Metts voting against, and Mayor Brown voting against to break the tie. Councilman Garvin moved, seconded by Councilwoman Spurlock, to approve PS 88-21. October 10, 1988 Page 9 Councilman Garvin stated he felt the issue would be brought up again. Councilman Garvin stated he had some concern about the definition of a developer. Councilman Sibbet asked if the school would generate revenue. Mr. Wade stated the school was supported by the voluntary contributions of its members. Mr. Wade stated that three years ago they started asking for $120 donation from the non-members. Mr. Wade stated they hoped to return to total voluntary contributions in the future. Councilman Garvin stated the channel would have to be improved in the future. Councilman Garvin stated that in terms of the definition of a developer that is creating additional water, it was different for them to share the costs then for someone who had been a resident of the City since 1970. Councilwoman Moody stated since she had been on the Council, the Council had made other churches pay their fair share. Motion carried 6-1; Councilwoman Sibbet, Councilmen Garvin, Sibbet, Welch and Metts voting for and Councilwoman Moody voting against. 19. GN 88-97 AMENDMENT TO WATER SERVICE CONTRACT WITH THE CITY OF FORT WORTH, ORDINANCE NO. 1568 APPROVED Mr. Jim Cato, 6733 Parkwood, appeared before the Council. Mr. Cato stated he would like to address the water rate increase. Mr. Cato stated the the City had the option to plead their case before the PUC. Mr. Cato stated the Texas Water Control Board also allocated all of the water sheds in the North Central Texas area to either Fort Worth or Dallas. Mr. Cato stated that at the time Fort Worth projected its need on the entire needs of Tarrant County. Mr. Cato stated the City also had the option of buying water from Tarrant County #1. Mr. Cato stated this would require a water treatment plant and an agreement with other cities in the area. Councilwoman Moody moved, seconded by Councilman Sibbet, to approve Ordinance No. 1568. Motion carried 6-0. *20. GN 88-98 CONTRACT FOR GOLF COURSE ENGINEERING APPROVED *21. GN 88-99 UTILITY LOCK BOX SERVICES/PRINTING SERVICES APPROVED October 10, 1988 Page 10 *22. PW 88-38 APPROVAL OF CHANGE ORDER NO. 3 _ GRAPEVINE HIGHWAY WATER SYSTEM IMPROVEMENTS APPROVED 23. PW 88-39 APPROVAL OF CHANGE ORDER NO. 13 _ WATAUGA ROAD PAVING AND DRAINAGE IMPROVEMENTS DENIED Councilman Garvin moved, seconded by Councilman Metts, to deny PW 88-39. Councilwoman Moody stated that she found it appalling that Council would spend $100,000 plus on landscaping on Watauga Road and not spend $10,000 for the safety of the citizens walking on the thoroughfare. Motion carried 4-3; Councilmen Sibbet, Garvin and Metts voting for, and Councilwomen Spurlock and Moody and Councilman Welch voting against, and Mayor Brown voting for to break the tie. 24. CITIZENS PRESENTATION MRS. MARY LOU SMATHERS DAY 7509 CHAPMAN RE: CHAPMAN ROAD ASSESSMENT Mrs. Day was not present. Mr. Bill Ernst, 6612 Tabor, appeared before the Council. Mr. Ernest expressed his dislike over the installation of the traffic signal at Meadowlake Drive and Rufe Snow. 25. ADJOURNMENT Councilman Metts moved, seconded by Councilwoman Moody, to adjourn the meeting. Motion carried 6-0. Mayor ATTEST: ýt;kÆ ,ÜZ;" ¿1 '_ ) ty Secretary'