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HomeMy WebLinkAboutCC 1988-12-12 Minutes Present: ITEM REVIEW OF VIDEO TAPE - SMITHFIELD SIDEWALKS NOTES ON PRE-COUNCIL MEETING DECEMBER 12, 1988 Richard Davis Mack Garvin Frank Metts, Jr. Virginia Moody Byron Sibbet Rodger Line Dennis Horvath Jeanette Rewis Rex McEntire Lee Maness Greg Dickens Jerry McGlasson Ron McKinney John Whitney Richard Albin Mayor Pro Tern Councilman Councilman Councilwoman Councilman City Manager Senior Assistant City Manager City Secretary Attorney for the City Finance Director Public Works Director Police Chief Personnel Director Management Services Director City Engineer Absent: Tommy Brown Linda Spurlock Lyle Welch Mayor Councilwoman Councilman DISCUSSION ASSIGNMENT Item No. 6 was moved to this point on the Greg Please follow up Agenda because Mayor Pro Tern Davis was not yet present. A film showing where the sidewalk was to be installed along Smithfield Road was shown. Council was advised there was a problem with one owner who would not give an easement. It was suggested that the PTA try and obtain the easement. Mr. Line stated if Council agreed, staff would proceed with the sidewalks and it would be added as a change order to the contractor doing the street. It was suggested that staff look into using washed rock for the sidewalk and Mr. Dickens will check into this. Pre-Council Minutes 12/12/88 Page Two ITEM DISCUSSION APPROVE BUDGET FOR Mr. Horvath advised this item was discussed WILMAN AVENUE DRAINAGE PROJECT at the CIP Meeting and the CIP Committee recommended approval. Mr. Horvath advised Wilman Street was taking water from Richland Hills and it was flooding businesses in North Richland Hills. Mr. Horvath stated Richland Hills was possibly willing to help with the project. APPROVE BUDGET FOR Mr. Line advised this would clear up some HOLIDAY LANE & MAPLEWOOD DRIVE of the congestion at the Holiday Lane and INTERSECTION IMPROVEMENTS Maplewood Drive intersection. Mr. Line stated the property owners had been contacted and advised this item would be on the agenda in case they wished to speak about it. APPROVE BUDGET Mr. Line advised that Watauga had agreed FOR SIGNALIZATION OF RUFE SNOW DRIVE to participate in this project. Councilman AND HIGHTOWER DRIVE INTERSECTION Garvin asked how long it would be before the signal would be installed. Mr. Albin advised approximately three months. STREETS TO BE RESURFACED UNDER THE 1989 COUNTY PROGRAM Mr. Line advised five streets were being recommended under this project - Little Ranch Road, North Forty Road, Meadow Creek Road, Onyx Drive South and Continental Trail. Councilman Garvin advised he would ASSIGNMENT Greg Please handle Greg Please handle Greg Please handle Greg Please handle ITEM -- ITEMS ON CONSENT AGENDA NOT ON PRE-COUNCIL WORK SESSION OTHER ITEMS Pre-Council Minutes 12/12/88 Page Three DISCUSSION like to talk to the neighbors to see if they wanted Little Ranch Road resurfaced. Mayor Pro Tern Davis stated Little Ranch Road could be left on the list and if they did not want it, it could be replaced with another street. Mr. Horvath advised Council that the railroad crossing signal on Smithfield Road was presently being put in. Item No. 11 - Councilman Garvin questioned how many people would release their dogs on the street because of the fee. Mayor Pro Tern Davis advised that most of the animals were coming from other cities and not North Richland Hills. Mr. Horvath advised that the vets had made the fee recommendation. Mr. Horvath stated he would have Animal Control keep a check on this and possibly recommend fee revision if "price resistance" is encountered. Mayor Pro Tern Davis reminded the Council of the work session on December 14th. Mayor Pro Tern Davis reminded the Council of the Boards/Commissions reception at Diamond Oaks on December 13th and the ground breaking for the golf course on December 17th. ASSIGNMENT Dennis Note C.A. NAN Pre-Council Minutes 12/12/88 Page Four ITEM DISCUSSION ASSIGNMENT Mr. Line advised the Council that Item No.2 on the Executive Session, Assessment on Ginny Please draft letter to Mr. Kittoe Watauga Road, should be discussed in open meeting. Mr. Line advised the Council that Mr. Kittoe had discussed his assessment with him and under the circumstances it sounded like it fit the criteria for signing a covenant. Mr. Line stated he was advised of the Council IS policy on assessments and it did not fit the criteria. It was agreed that the assessment would not be waived on the property and Mr. Line would send a letter to Mr. Kittoe. 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 - DECEMBER 12, 1988 - 7:30 P.M. l. CALL TO ORDER Mayor Pro Tern Davis called the meeting to order December 12, 1988, at 7:30 p.m. Present: Richard Davis Mack Garvin Frank Metts, Jr. Virginia Moody Byron Sibbet Staff: Rodger N. Line Dennis Horvath Jeanette Rewis Rex McEntire Richard Albin Absent: Tommy Brown Linda Spurlock Lyle Welch 2. ROLL CALL Mayor Pro Tem Councilman Councilman Counci lwoman Councilman City Manager Senior Assistant City Manager City Secretary Attorney City Engineer Mayor Councilwoman Councilman 3. INVOCATION Councilman Metts gave the invocation. 4. MINUTES OF THE REGULAR MEETING NOVEMBER 28, 1988 APPROVED Councilman Garvin moved, seconded by Councilman Sibbet, to approve the minutes of November 28, 1988. Motion carried 3-0, Councilwoman Moody abstaining due to absence from the meeting. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None December 12, 1988 Page 2 6. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, & 23) APPROVED Councilwoman Moody moved, seconded by Councilman Sibbet, to approve the Consent Agenda. Motion carried 4-0. 7. PZ 88-20 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF B.H. & L. JOINT VENTURE TO REZONE TRACTS 2A & 2A3A S. RICHARDSON SURVEY, ABSTRACT 1266 AND TRACTS 1A & 1A1, A. HOOD SURVEY, ABSTRACT 683 FROM R-1 (SINGLE FAMILY), C-2 (COMMERCIAL) AND AG (AGRICULTURE) TO R-2 (SINGLE FAMILY) (LOCATED EAST OF KELLER-SMITHFIELD ROAD AND NORTH OF GREEN VALLEY DRIVE) Mayor Pro Tem Davis opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Doug Long, Engineer, appeared before the Council. Mr. Long stated the request was for a zoning change on previously zoned R-1 property to R-2. Mr. Long stated there was also additional land that they had previously requested be zoned R-4-SD and the Council turned it down. Mr. Long stated they had been pondering over the idea of putting in a retirement center or something of that nature, but it looked as if it was not going to work out. Mr. Long stated they were requesting to rezone the entire tract R-1. Mr. Long stated the Planning and Zoning Commission had requested they build 1,800 square foot homes which they had agreed to do. Mr. Long stated some Council Members may recall that they were trying to preserve the lakes and there was some difference of opinion from the staff on whether or not the lakes would be a manageable situation. Mr. Long stated there was also a lot of discussion on doing away with the retention ponds. Mr. Long stated this plan would remove the lakes and they would construct a total concrete lined channel to meet the City ordinances. Mr. Long stated the property to the west was previously zoned R-1 and had been rezoned to R-2, to the east was R-2 and R-3 zoning which was rezoned about the time they were obtaining the R-1 zoning. Mr. Long stated they felt this had taken away some of the marketability of the R-1 zoned property. Councilwoman Moody asked Mr. Long if he was saying that if they went to R-2 zoning they could not preserve the lakes and the trees. Mr. Long stated they were saying they probably would not. Mr. Long stated it was their understanding that from the City's standpoint they did not want the lakes preserved. December 12, 1988 Page 3 Councilwoman Moody stated that the original plan that B.H. & L. came in with on the R-1 zoning showed the retention of the lakes and that most of the trees would be left intact. Mr. Long stated that was the original plan but there were very few trees on this property. Councilwoman Spurlock now present. Councilwoman Moody stated that one of the things that interested her about B.H. & L. having the bought the valley was the fact that they acquired most of the land there and seemed to want to not make it progressive, but to add to the north end and keep it large homes. Mr. Long stated they felt they had a good project and had hoped and felt that if some of the surrounding property owners would have joined with them and not made B.H. & L. an island, they could have had a better product. Mr. John Barfield, Hurst, appeared before the Council. Mr. Barfield stated he felt a lot like Councilwoman Moody as far as the ponds and so forth out there. Mr. Barfield stated it was their idea to retain the ponds and he was still at a loss as to understanding why the property to the west was down zoned to R-2 and the property to the east R-2 and R-3. Mr. Barfield stated he felt they had an understanding with the City that it would be R-1 zoning throughout, but evidently they did not. Councilman Garvin asked Mr. Barfield if he could put in underground utilities as cheap as overhead. Mr. Barfield stated you could never put underground utilities in for the same cost as overhead. Councilman Garvin asked if they built 1,800 square foot homes on R-2 lots, could side and rear garages be built. Mr. Barfield stated that in some cases you could and some cases you could not, usually it took 80 front feet of lot. Mayor Pro Tem Davis called for anyone wishing to speak in opposition to the request to come forward. Ms. Beth Davis, 7720 Aubrey Lane, representing Green Valley Homeowners Association, appeared before the Council. Ms. Davis stated that Mr. Long and his associates were requesting a zoning change for the last undeveloped R-1 in the City. Ms. Davis stated that according to the Planning and Zoning Minutes of November 10th, the request was based on three concepts: 1) Mr. Long stated that at the time the R-1 was requested there was R-1 to the west and agriculture to the east, from Davis Boulevard there was commercial, R-3, R-2 and this R-1 zoning which was an acceptable buffer from Davis Boulevard; 2) Mr. Long stated that December 12, 1988 Page 4 a portion of property in Cherokee Estates owned by the applicants would be affected by the proposed east/west freeway which would take some of their R-2 property, therefore they were asking for this zoning change so they could have more R-2 zoned property; 3) Mr. Long stated there were very few amenities for the property and the homeowners agreed if they filled in the lakes and cut down the trees. Ms. Davis stated they believed R-1 was proper for the area and requested that the property be left R-1. Mr. Oscar Trevinto, Jr., 7805 Amy, appeared before the Council. Mr. Trevinto stated he felt R-2 already existed in the area and that there were not many sales being made. Mr. Trevinto stated he moved into the area from Watauga Road and moved up to R-2. Mr. Trevinto stated in two to three years they planned on moving up again and believed people would be attracted to R-1 homes. Ms. Jena Wallace, 7945 Smithfield Road, was opposed to the request. (Ms. Wallace did not speak.) Mr. Cliff Randel, 7333 Tipperary Court, appeared before the Council. Mr. Randel stated that Mr. Long mentioned a few things about this case that could apply to the homeowners in the area. Mr. Randel stated Mr. Long did not feel the larger homes would sell, but they were selling in surrounding areas. Mr. Randel stated B.H. & L. stated they were not asking to reduce the size of the homes but reducing the size of the lots. Mr. Randel stated he was opposed to the zoning change. Dr. Tom Duer, 7312 Londonderry, appeared before the Council. Dr. Duer stated the chronology of the R-2 and R-3 at that time was talking about Davis being a major thoroughfare and there would have to be a buffer zone for the R-1 property. Dr. Duer stated that Mr. Long mentioned that R-1 would not go in this area because of the zoning around it, but there was some good quality homes next to Rufe Snow so you can build good quality homes next to major thoroughfares. Mr. Mark E. Wood, 6932 Glendale, appeared before the Council. Mr. Wood stated that two years ago when B.H. & L. asked for the R-1 zoning he was happy about it and now two years later they were asking for R-2. Mr. Wood stated he wondered if they would be back in three years and ask for R-3. Mr. Wood stated he would like to see R-1 stay. Mr. Dan Brand, 7417 Continental Trail, appeared before the Council. Mr. Brand stated he was opposed to the zoning change and would like to see it rema i n R-1. There being no one else wishing to speak Mayor Pro Tern Davis closed the Public Hearing. 8. ORDINANCE NO. 1588 DENIED December 12, 1988 Page 5 Councilwoman Moody moved, seconded by Councilman Sibbet, to deny Ordinance No. 1588. Motion carried 3-2, Councilman Sibbet, Councilwomen Moody and Spurlock voting for; Councilmen Metts and Garvin voting against. * 9. GN 88-119 ADJUSTMENT OF POLICE STAFFING APPROVED 10. GN 88-120 APPOINTMENT TO THE BOARD OF APPEALS Councilwoman Spurlock moved, seconded by Councilman Metts, to appoint Mr. Mike Augustin to the Board of Appeals. Motion carried 5-0. *11. GN 88-121 SURRENDER ANIMAL FEES - ORDINANCE NO. 1585 APPROVED *12. GN 88-122 RE-ADOPTING TMRS BUY-BACK OF FORFEITED PRIOR SERVICE PROVISION - ORDINANCE NO. 1586 APPROVED *13. GN 88-123 RE-ADOPTING THE TEXAS MUNICIPAL RETIREMENT SYSTEM I S "UPDATED SERVICE CREDIT" BENEFIT FOR 1989 APPROVED *14. PU 88-59 AWARD OF BID TO JACK WILLIAMS CHEVROLET IN THE AMOUNT OF $236,592 - CITY REPLACEMENT VEHICLES APPROVED *15. PU 88-60 AWARD OF BID TO TED ARENDALE FORD IN THE AMOUNT OF $30,910 - TWO FORD F350 WITH FLATBED APPROVED *16. PU 88-61 AWARD OF BID TO MASTER INTERNATIONAL IN THE AMOUNT OF $16,174 - TRACTOR/FRONT END LOADER AND MOWER APPROVED December 12, 1988 Page 6 *17. PU 88-62 AWARD OF BID TO A-CAMERA CENTER IN THE AMOUNT OF $6,204.67 - CANON CAMERA EQUIPMENT APPROVED *18. PU 88-63 AWARD OF BID TO RICHLAND CLEANERS - ANNUAL CLEANING CONTRACT APPROVED *19. PU 88-64 AWARD OF BID TO SPECIAL TECHNOLOGIES IN THE AMOUNT OF $29,500 - COMPUTER VIDEO MUG SHOT SYSTEM APPROVED *20. PW 88-47 APPROVE BUDGET FOR WILMAN AVENUE DRAINAGE PROJECT APPROVED 21. PW 88-48 APPROVE BUDGET FOR HOLIDAY LANE & MAPLEWOOD DRIVE INTERSECTION IMPROVEMENTS APPROVED Mr. Line stated that the Capital Improvement Program Committee recommended approval of this project. Mr. Line stated the project would include modifying the Maplewood approach to the Holiday Lane Intersection to allow two-way traffic with a median where currently one-way traffic exists. Mr. Line stated this would allow for less congestion during peak school hours as well as morning and evening rush hours. Mayor Pro Tem Davis asked if there was anyone present who wished to speak on this subject. Councilwoman Moody asked if right-of-way would need to be obtained. Mr. Line stated that the owner had offered to give the City the right-of- way. Ms. Schultz, 5101 Laurel Lane, appeared before the Council. Ms. Schultz stated that the telephone company had dug up her front yard to lay telephone cable and her yard had never been fixed. Ms. Schultz asked the Council if her yard would be restored if this cable had to be moved again. Mr. Line stated that, regardless of whether the configuration of Maplewood was changed or not, her yard would be restored. Mr. Line stated that he was not aware that her yard had not been restored. December 12, 1988 Page 7 Councilwoman Moody moved, seconded by Councilman Garvin to approve PW 88-48. Motion carried 5-0. *22. PW 88-49 APPROVE BUDGET FOR SIGNALIZATION OF RUFE SNOW DRIVE AND HIGHTOWER DRIVE INTERSECTION APPROVED *23. PW 88-50 STREETS TO BE RESURFACED UNDER THE 1989 COUNTY PROGRAM APPROVED 24. CITIZENS PRESENTATION Mr. Mike Butler, 3824 Diamond Loch East, appeared before the Council. Mr. Butler wanted to commend the Police Department and the City Manager for a job well done. Mr. Butler stated he had had a problem at his home and the Police Department responded in a timely and professional manner. Dr. Tom Duer, 7312 Londonderry, appeared before the Council. Dr. Duer asked if there was anything in writing defining what constituted a conflict-of-interest as far as Council, Boards and Commissions were concerned. Dr. Duer stated the zoning case the Council had just heard had gone before the Planning and Zoning Commission and David Barfield voted in favor of the request. Dr. Duer asked if this could be construed as a conflict-of-interest. Mr. McEntire stated that this would not be considered a conflict-of- interest because David Barfield had no monetary value to gain. Mayor Pro Tem Davis asked Mr. McEntire to write some guidelines pertaining to conflict-of-interest for the City Council, Boards and Commissions. 25. ADJOURNMENT Councilwoman Moody moved, seconded by Councilwoman Spurlock to adjourn the meeting. Motion carried 5-0. c...q<, \ ~ J) (Lv"a è=. Mayor Pro Tem ATTEST: ~~"; ~ ' , 4-J! æ,¿f~~ ý1ty Secretary v