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HomeMy WebLinkAboutCC 1986-07-14 Minutes Present: Absent: ITEM CHAMBER OF COMMERCE CONTRACT ADMINISTRATIVE FEE STUDY NOTES ON PRE-COUNCIL MEETING JULY 14, 1986 Dan Echols Dick Fisher Mack Garvin Virginia Moody Harold Newman Marie Hinkle Jim Ramsey Rodger Line Dennis Horvath Rex McEntire Richard Albin Gene Riddle Lee Maness Stan Gertz Richard Royston Mayor Councilman Councilman Councilwoman Councilman Councilwoman Councilman City Manager Assistant City Manager Attorney City Engineer Public Works Director Finance Director Fire Chief Planning/Development Dir. Richard Davis Mayor Pro Tem DISCUSSION RNL advised the Council that the Chamber wished to remove this item from the agenda. Rather than have another committee meeting it was determined by the Council that the Chamber should submit a proposed paragraph in lieu of the one in question currently written into the contract. RNL introduced Larry Shaw, from Pete, Marwick & Mitchell, who was the lead auditor on the Utility Fund Fee Study. RNL explained that the transfer next year will be $762,000 as opposed to $500,000 this year. Mayor Echols has a question regarding the effect on the franchise fee paid by Watauga. ASSIGNMENT RNL Lee Note ITEM DISCUSSION DEANNEXATION OF Gene Riddle and RNL explained the realignment of A PORTION OF PROPERTY ON the right-of-way on Bedford-Euless Road. The BEDFORD-EULESS RD. APPROVAL OF ROAD MAINTENANCE CONTRACT BETWEEN THE CITY OF NORTH RICHLAND HILLS AND THE CITY OF HURST LEASE/PURCHASE FINANCING FIRE ORDINANCE RATIFICATION OF THE BID FOR 1985 MISCELLANEOUS WATER & SEWER IMPROVEMENTS OTHER ITEMS deannexation concerns a sliver of land off Bedford- Euless Road that will be deannexed to Hurst. Although the City of Hurst owns the street and right- of-way, we will maintain it since we are getting the revenue from the shopping center. Hurst wishes to maintain ownership of the street so they can maintain the signalization and continue to have it tied in with their signalization. RNL explained to the Council the Lease/Purchase Financing of two dump trucks and a pumper truck. This a continuation of a financing program that was started last year to transfer major equipment purchases from M & 0 Funds to Debt Service. Chief Gertz explained the new Fire Ordinance. The Ordinance's primary purpose is to realign the fire service with the existing organization. Minor corrections were made to the proposed ordinance. There was no discussion on this item. CONET - Mayor Echols and Councilman Ramsey were appointed to represent the City on a CONET sub- committee to study the "Outer Loop Project". Page Two 7/14/86 Pre-Council ASSIGNMENT Gene Riddle Follow up Lee Follow up Stan Follow up Dennis Provide staff support ITEM DISCUSSION OTHER ITEMS (Continued) CHARTER COMMITTEE - RNL will contact Jim Kenna to ask what staff support he may need for the committee meeting set for July 22, 1986. Councilwoman Hinkle reminded the Council of the Region 8 Meeting set for July 31, 1986. Page Three 7/14/86 Pre-Council ASSIGNMENT RNL Advise Council 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 - JULY 14, 1986 - 7:30 P.M. 1. CALL TO ORDER Mayor Echols called the meeting to order July 14, 1986, at 7:30 p.m. Present: Dan Echols Dick Fisher Marie Hinkle Mack Garvin Virginia Moody Harold Newman Jim Ramsey Staff : Rodger N. Line Dennis Horvath Jeanette Rewis Rex McEntire Gene Riddle Richard Royston Richard Albin Don Bowen Members of the Press Absent: Richard Davis Lee Maness John Whitney 2. ROLL CALL Mayor Councilman Councilwoman Councilman Councilwoman Councilman Councilman City Manager Assistant City Manager City Secretary Attorney Public Works Director Director of Planning City Engineer Planning & Zoning Member Mayor Pro Tem Finance Director Purchasing Agent 3. INVOCATION Councilwoman Hinkle gave the invocation. 4. MINUTES OF THE REGULAR MEETING JUNE 23, 1986 APPROVED Councilman Ramsey moved, seconded by Councilwoman Hinkle, to approve the minutes of the June 23, 1986 meeting. Councilwoman Moody advised that she was listed as voting on Pages 2 and 3 of the minutes and she was absent from the meeting. The vote should have been recorded as Councilman Garvin. July 14, 1986 Page 2 Motion carried 5-0; Councilwoman Moody abstaining due to absence from the meeting. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Ramsey removed Item No. 25 and Councilman Garvin removed Item No. 15 from the Consent Agenda. 6. CONSENT AGENDA ITEM (S) INDICATED BY ASTERISK (17, 18, 19, 20, 21, 22, 23, 24, 26, 27 & 28) APPROVED Councilwoman Hinkle moved, seconded by Councilman Garvin, to approve the Consent Agenda. Motion carried 6-0. 7. PZ 86-22 PLANNING & ZONING - APPEAL HEARING - PUBLIC HEARING - REQUEST OF THE CHASEWOOD CONSTRUCTION CO. (QUINTEN'S CROSSING) TO REZONE LOT 1, BLOCK 12, SNOW HEIGHTS NORTH ADDITION FROM R-7-MF-PD (WITH RESTRICTED FENCING) TO R-7-MF-PD (RELIEF FROM RESTRICTED FENCING) (LOCATED ON THE NORTH SIDE OF NORTHEAST LOOP 820 BETWEEN REYNOLDS ROAD AND THAXTON PARKWAY) POSTPONED Mayor Echols advised that the representative for the applicant on this request had asked that this case be postponed. Councilman Ramsey moved, seconded by Councilman Fisher, to postpone PZ 86-22 until the August 11, 1986 Council Meeting. Motion carried 6-0. 8. ORDINANCE NO. 1379 POSTPONED 9. PZ 86-23 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF C. RICHARD DAVIS TO REZONE SOUTH 215 FEET OF TRACT 25, M. LYNCH SURVEY, ABSTRACT 953 FROM R-3 (SINGLE FAMILY) TO R-4-SD (DUPLEX SEPARATE OWNERSHIP) (LOCATED AT THE NORTHWEST CORNER OF HARMONSON ROAD AND HONEY LANE) APPROVED Mayor Echols opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. July 14, 1986 Page 3 Mr. Jackie Fluet, with Delbert Stembridge, representing the applicant, appeared before the Council. Mr. Fluet stated the property was presently zoned R-3 and they wished to rezone it to R-4-SD (Duplex Separate Ownership). Mr. Fluet stated the duplexes would be sold to individuals and would not be used for rental property. Mayor Echols called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak Mayor Echols closed the Public Hearing. 10. ORDINANCE NO. 1380 APPROVED Councilman Ramsey moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 1380. Motion carried 6-0. 11. PZ 86-24 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF D.S. BYRD TO REZONE LOT 3R, BLOCK 23, CLEARVIEW ADDITION FROM C-2-SU-SALE OF USED AUTOS (WITH AUTO AGE RESTRICTION) TO C-2-SU-SALE OF USED AUTOS (WITHOUT AUTO AGE RESTRICTION) (LOCATED AT 8017 GRAPEVINE HIGHWAY) Mayor Echols opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Claude Byrd, 7924 Maplewood, appeared before the Council. Mr. Byrd respectively asked for the removal of the two year age restriction placed on his used car lot. Mr. Byrd asked for rebuttal time. Councilman Newman asked Mr. Byrd for his definition between a used car and junk car. Mr. Byrd replied shoddy interior, shoddy exterior, poor running condition and perhaps rust. Councilman Ramsey stated a councilman needed to keep an open mind, and he was trying to do that. Councilman Ramsey stated that for the last five or six years the Council had heard various requests for this property. Councilman Ramsey stated that Mr. Byrd had tried to get the property zoned commercial, which was denied, and he went ahead and put in a hydraulic lift. Mr. Byrd asked Councilman Ramsey what that had to do with the car lot. July 14, 1986 Page 4 Councilman Ramsey stated it had to do with the creditability of the applicant. Mr. Byrd asked Councilman Ramsey if he was calling him a thief again. Councilman Ramsey stated if he called him a thief, he owed him an apology and he publicly apologized for it. Councilman Ramsey stated the City had granted six different variances that he knew of and Mr. Byrd still did what he wanted to do, regardless of the ordinance. Councilman Ramsey stated that Mr. Byrd had an ad in the phone book for a used car lot when he wasn't even zoned for it. Councilman Ramsey stated the City zoned it for a used car lot and Mr. Byrd had advertised cars in the Mid Cities Daily News that could not legally be sold under the ordinance. Councilman Ramsey stated he was not even sure that Mr. Byrd was the correct one to be asking for the zoning because his father owned the land. Councilman Ramsey stated that on a previous request an attorney represented the Byrd's and a deal was made with the attorney and the next month the request was brought back before the Council because they were not satisfied with the restrictions. Councilman Ramsey stated that whatever the Council approved for Mr. Byrd, it was not good enough. Mr. Byrd stated there was a gross misrepresentation on what Mr. Ramsey had just said basically right down the line. Mr. Byrd stated that as soon as he was informed of the results of the meeting he had advised it was unacceptable. Mr. Byrd stated that as far as the yellow page ad, he had applied for a Texas Dealership License and the phone people came around and advised him that he only had three weeks to get his ad in the phone book which would come out in six or eight months. Mr. Byrd stated they took out an ad although they didn't have a car lot at the time, only the Dealer's License. Mr. Byrd stated he didn't even have a car to sell and assumed he would get approval to go into the business. Mr. Byrd stated he did have some 1981 and 1982 models advertised erroneously. Mr. Byrd stated when it was brought to his attention that he might be in violation, he pulled 25 cars off the lot that were in violation of the two year age restriction. Mr. Byrd stated he did not know of any used car lot that could live with the restriction and there were no other lots that he knew of, with the exception of Hertz, with any restrictions on them age wise. Councilman Ramsey stated the other car lots, with the exception of one, did have restrictions. Mr. Byrd asked which one, because he had talked to everyone he knew of that was in the business. Councilman Ramsey stated one used car lot had a three year maximum age restriction. Mr. Byrd asked the name of the company. Councilman Ramsey stated E.K. Aldridge. Councilman Ramsey stated another lot had restrictions of a site barring fence, only be in business for ten years, no vehicles over two years old and no trucks over 1/2 ton. Mr. Byrd stated no one could live with this type of restriction and function as a car dealer. July 14, 1986 Page 5 Councilman Ramsey stated he was of the oplnlon that no matter what the Council gave Mr. Byrd he was going to do what he wanted to. Mr. Byrd stated why would he lose twenty thousand dollars of gross sales a month to adhere when he had not received any word from the City to conform. Mr. Byrd stated he was informed verbally that he was in violation from someone that was not even a member of the City Staff. Mayor Echols called for anyone wishing to speak in opposition to this request to please come forward. Mr. Jim Kenna, 4025 Diamond Loch East, appeared before the Council. Mr. Kenna stated he was here tonight because he did not like the idea of used car lots in North Richland Hills. Mr. Kenna stated he would like to make it clear that he had no vengeance for the applicant that was applying. Mr. Kenna stated he had with him about 35 years of experience as far as councils and mayors were concerned. Mr. Kenna stated these were councils from the past that wrote the ordinances. Mr. Kenna stated the only ordinance he could find dated back to 1967 and the Council had enough wisdom at that time to write special use into used car lots. Mr. Kenna stated the only economical sanction as a council was what had been used in the past. Mr. Kenna stated councils had not been consistent on used car lots in the past, one had a two year restriction, one had a three year restriction and one had a four year restriction. Mr. Kenna stated he felt that if it was opened up, any age car could be placed on a used car lot. Mr. Kenna stated he would like to recommend consideration of changing the ordinance that had created the problem to a four year maximum and not wipe out the only tool to control the growth of used car lots in the City. Councilwoman Moody stated that reference had been made that it should not be opened up but it was opened up for the classic car lot. Councilwoman Moody stated she never understood why this lot was an exception and the Byrd's was not. Councilman Fisher stated that on the original vote on the case in question where the age was confined to two years, he felt he made a mistake. Councilman Fisher stated that he felt that four years was a little stringent and what would happen if a classic car was traded in. Mr. Kenna stated he was advised that car lots only took trade-ins that they wanted to. Councilman Fisher ståted he felt the same concerns as Mr. Kenna, but thought four years was a little stringent. Councilman Fisher stated he felt that if Mr. Byrd got a classic car as a trade-in he should be able to sell it. Mr. Kenna stated that once it was opened up the Council had no economical sanction over the age of cars. Councilman Garvin stated he did not think that age restrictions on a car lot was a workable situation. Councilman Garvin stated he felt the proper way to do it was to restrict the condition of the car, not the age. July 14, 1986 Page 6 Councilman Newman stated he felt the restrictions should be lifted on this used car lot or an ordinance passed not to allow used car lots at all. Mr. Kenna stated he was not worried about the applicant tonight, but about opening it up with no age limits on the car. Mr. Kenna stated if it was opened up the City would have the "tote the note" people. Councilman Hinkle stated she was not worried about the Byrd's but was concerned that perhaps someone might come in after them. Councilwoman Hinkle asked if an ordinance could be drawn up that would control junk cars. Mr. McEntire stated that some people may feel the criteria, with respect to age, was unfair, but he did not know of any way to define it. Mr. McEntire stated it was not a definite thing that could be written into an ordinance. Mr. McEntire stated the criterion on age had been upheld and he did not know how to write an ordinance and guarantee it could be upheld. Councilwoman Moody stated that she felt everyone should be treated equally, regardless of what type of business. Councilman Newman stated he felt you should be able to sell anything you wanted to. Councilman Newman stated if someone was in the grocery business they could sell what they wanted to and did not see how they could be restricted. Mr. Kenna stated he basically agreed, when the used car lots could not live with the restrictions, they went somewhere else. Mr. Dave Freeman, 6549 Spring River, appeared before the Council. Mr. Freeman stated this was an old argument that had been fought many times. Mr. Freeman stated that the standard that this ordinance was being argued under was what the future was going to be for the City. The Council had the power to direct or misdirect the City and the restrictions in the ordinance were there for a reason. Mr. Freeman stated it was the only legal way the Council had to direct or misdirect used car lots to prevent the problems of surrounding cities. Councilman Fisher stated it seemed as though there was one other used car lot in the City and it was not complying with the regulations. Councilman Fisher stated the only other one was Hertz and they probably did not have any cars over three years old. Councilman Fisher stated all the other used car lots had shut down. Mr. Freeman stated the one that was not complying was in existence at the time the ordinance was approved and therefore they were under the grandfather clause. Mr. Jim Wood, 6713 Karen, appeared before the Council. Mr. Wood stated a lot of things had been touched on and the Council had always tried to do what was best for the City. Mr. Wood stated he hoped the Council would maintain some control over used car lots. July 14, 1986 Page 7 Mayor Echols granted Mr. Claude Byrd rebuttal time. Mr. Byrd stated he agreed basically with everything that had been said and he would not want to see a lot of used car lots in the City. Councilwoman Moody asked Mr. Byrd if he planned on doing his own financing. Mr. Byrd replied no. Councilman Fisher asked what age limitations Mr. Byrd could live with. Mr. Byrd stated the banks would only finance a car up to six years of age. Councilman Fisher asked Mr. Byrd if he would have a problem with the six year limitation. Mr. Byrd replied no, but he might want to put a 1954 Corvette on the lot. Councilman Fisher asked what the classification of a classic car was and if it could be defined as a certain age limit. Mr. Byrd stated yes, but he did not know what the age limit was. Councilman Fisher asked if a six year age limit could be put on the used car lot and also allow classic cars. Mr. Byrd stated there would be no problem, it was the two year limitation that was hard to live with. Councilwoman Moody asked how classic cars could be defined. Mr. Byrd stated he thought it was 20 or 25 years of age. Councilman Garvin stated there was a written definition of what was considered a classic car. Councilman Fisher stated he would like to have the definition of a classic car pinpointed. Mr. McEntire stated that if the Council wanted to put it in some category that could be enforced and put general restrictions on the cars, he would like the opportunity to prepare an ordinance that would allow the selling of automobiles, such as a car not over five years old or a classic car defined as follows... Councilman Garvin asked Mr. Byrd if he could live with the six year restriction. Mr. Byrd replied yes. Councilman Garvin asked what he had done with cars in the past that were over six years old. July 14, 1986 Page 8 Mr. Byrd stated he did not have a history because he had not been in business long enough. Mr. Byrd stated that as a dealer a lot of cars are taken in that you do not want so, you wholesale them. Councilman Newman asked if an older car could be taken as a trade-in and not be put on the lot. Mr. Byrd replied yes, it would have to be wholesaled. There being no one else wishing to speak, Mayor Echols closed the Public Hearing. 12. ORDINANCE NO. 1381 APPROVED Councilman Ramsey moved to amend the ordinance to state cars up to four years old. Motion died for lack of a second. Councilman Garvin moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 1381 subject to the stipulation no cars older than six years and the definition of a classic car to be defined by the City's Attorney. Mr. Line asked if the Council wanted the definition of a classic car written and incorporated into the ordinance and brought back at the next Council Meeting. Councilman Fisher stated he would personally like to see it. Councilman Garvin stated he thought the definition was already written, Mr. McEntire only needed to put it in legal language. Mayor Echols asked if it was the Council's desire to bring it back at the next Council meeting. Councilman Garvin stated no, he desired to see PZ 86-24 passed and let them get on with their business with a six year limitation and classic car being defined. Motion carried 5-1; Councilwomen Hinkle and Moody, Councilmen Garvin, Fisher and Newman voting for; Councilman Ramsey voting against. 13. PZ 86-27 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF NASSAR SHAFIPOUR TO REZONE LOT B1-A, HOLIDAY MOBILE HOME PARK AND LOT 1, BLOCK 3, RED GATE ADDITION FROM C-1 (COMMERCIAL) TO C-2 (COMMERCIAL) (LOCATED AT THE SOUTHEAST CORNER OF MOCKINGBIRD LANE AND DAVIS BOULEVARD) July 14, 1986 Page 9 Mayor Echols opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Ms. Mietra Precht, representing the applicant, appeared before the Council. Ms. Precht stated they were requesting the C-2 zoning so they would be more compatible with the area. Councilwoman Moody asked what type of businesses they wanted to put in that would not go in C-l zoning. Ms. Precht stated that one client wanted to lease the building to put in an animal clinic and another wanted to put in a pawn shop. Mayor Echols called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak Mayor Echols closed the Public Hearing. 14. ORDINANCE NO. 1382 DENIED Councilman Ramsey moved, seconded by Councilwoman Moody, to deny Ordinance No. 1382. Motion to deny carried 5-1; Councilwomen Moody and Hinkle, Councilmen Ramsey, Fisher, and Garvin voting for; Councilman Newman voting against. 15. PS 86-34 REQUEST OF SUN DEVELOPMENT CO./TECHNOL CO. FbR REPLAT OF TRACTS 4, 5 & 6, NRH INDUSTRIAL PARK ADDITION (LOCATED ON THE NORTH SIDE OF INDUSTRIAL PARK BOULEVARD EAST OF RUFE SNOW DRIVE) APPROVED Councilman Garvin moved, seconded by Councilman Ramsey, to approve PS 86-34 with the stipulation to require a contract of voluntary compliance to insure that the applicant participates in the construction cost of going across the railroad track to the north and the restriction to run with the land. Motion carried 6-0. 16. SO 86-11 REQUEST OF WOODLAND GRAPHICS FOR VARIANCE TO SECTION 4.7(A) OF THE SIGN ORDINANCE APPROVED Jackie Green, with Woodland Graphics, appeared before the Council. Ms. Green stated she was contracted to do the signs for Wood Meadow Apartments, 6897 Meadowcrest Drive. Ms. Green stated she called the City July 14, 1986 Page 10 before she did the signs and was given an incorrect interpretation of the Sign Ordinance. Ms. Green stated the signs were built and paid for. Ms. Green stated she was requesting a variance so that the signs could be installed. Mayor Echols asked if the signs were insert signs that would go into the site barring fence that had already been built. Ms. Green replied yes. Ms. Green stated that Mr. Tim Horvath had informed her that if the signs were built so that only a certain percentage of the face of the sign covered the brick wall it would be within the code. Ms. Green stated they were built to his specifications and the permit application was given to the City and denied. Councilwoman Moody asked who she talked with in the City. Ms. Green replied Tim Horvath. Councilwoman Moody asked the exact location of the complex. Ms. Green replied it was off Rufe Snow at Lewis Drive. Councilman Fisher asked if the brick walls were existing and if so were the signs to be placed on the walls. Ms. Green replied yes. Councilman Ramsey asked if a variance was granted so that the brick walls could be built. Mr. Green replied yes. Councilman Garvin asked if the signs were larger than what the code allowed. Ms. Green stated it was not the size of the sign but the number of signs. Mr. Royston stated that he could not explain the misinformation but when the City got to the point of issuing the permit, the request was for three signs and the ordinance only allowed one sign per street frontage and there was only one street frontage. Councilwoman Moody moved, seconded by Councilman Garvin, to approve SO 86-11. Motion carried 4-2; Councilwomen Moody and Hinkle, Councilmen Garvin and Newman voting for; Councilmen Fisher and Ramsey voting against. *17. GN 86-66 AMENDMENT TO ORDINANCE NO. 1080, BUILDINGS REQUIRED TO HAVE A PERCENTAGE OF BRICK OR MASONRY, ORDINANCE NO. 1376 APPROVED July 14, 1986 Page 11 *18. GN 86-67 APPROVAL OF AGREEMENT WITH STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ALLOWING THE CITY OF NORTH RICHLAND HILLS TO ASSUME CONTROL OF DRAINAGE EASEMENT, RESOLUTION NOS. 86-29 & 86-30 APPROVED *19. GN 86-68 REVISION TO ORDINANCE NO. 1236, BUILDING CODE TO DELETE BRICK OR MASONRY REQUIREMENT, ORDINANCE NO. 1378 APPROVED *20. GN 86-69 LEASE/PURCHASE FINANCING APPROVED *21. GN 86-70 AUDIT CONTRACT FOR FISCAL YEAR 1985-86 APPROVED *22. GN 86-71 ADMINISTRATIVE FEE STUDY APPROVED *23. GN 86-72 FIRE ORDINANCE, ORDINANCE NO. 1377 APPROVED *24. GN 86-73 DEANNEXATION OF A PORTION OF PROPERTY ON BEDFORD-EULESS RD., ORDINANCE NO. 1383 APPROVED 25. GN 86-74 CHAMBER OF COMMERCE CONTRACT, RESOLUTION NO. 86-31 TABLED Councilman Ramsey moved, seconded by Councilman Newman, to table Resolution No. 86-31. Motion carried 6-0. *26. PW 86-19 CONSTRUCTION OF A CENTER DIVIDER ON MEADOW LAKES DRIVE APPROVED July 14, 1986 Page 12 *27. PW 86-20 APPROVAL OF ROAD MAINTENANCE CONTRACT BETWEEN THE CITY OF NORTH RICHLAND HILLS AND THE CITY OF HURST APPROVED *28. PW 86-21 RATIFICATION OF THE BID FOR 1985 MISCELLANEOUS WATER & SEWER IMPROVEMENTS APPROVED 29. CITIZEN PRESENTATION None 30. ADJOURNMENT Councilwoman Moody moved, seconded by Councilwoman Hinkle, to adjourn the meeting. Motion carried 6-0. ~~ Mayor ATTEST: (1· zi¿, :¥ d « -;,/ / //,,¿/ C· Y Secretary /Î . f:t.¡ ¿£.-{<2_)