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HomeMy WebLinkAboutCC 1987-06-22 Minutes Present: ITEM 'C:CONSIDERATION -elF VOTE ON TELECOMMUNICATION TAX DISCUSSION OF SIGN ORDINANCE NOTES ON PRE-COUNCIL MEETING JUNE 22, 1987 Dan Echols ~ick Fisher Mack Garvin Marie Hinkle Virginia Moody Jim Ramsey Linda Spurlock Rodger Line Dennis Horvath Rex McEntire Richard Albin Gene Riddle Richard Royston Lee Maness Jeanette Rewis Stan Gertz Mayor Mayor Pro Tem Counci lman Councilwoman Councilwoman Councilman Councilwoman City Manager Assistant City Manager Attorney City Engi neer Public Works Director Planning/Development Dir. Finance Director City Secretary Fire Chief Absent: Richard Davis Councilman DISCUSSION A straw vote was taken in favor of placing on the next agenda the issue of imposing the telecommunications tax. Councilwoman Moody discussed concerns she has with the wording of the current Sign Ordinance. The two issues she is most concerned with is portable signs and the process for appealing sign restrictions. The staff was requested to prepare a draft change to the Sign Ordinance which would allow a free six months use of portable signs for new businesses with some means of limiting the number of signs in areas with multiple businesses. Item #2 will provide for appeals to be resolved by the Building Code ASSIGNMENT Jeanette Rewis Place on next agenda Stan Gertz Please prepare proposed revisions for 7/13/87 meeting. --ITEM VARIOUS ACTIONS REGARDING IMPROVEMENTS ON WATAUGA ROAD _STABLISHING RECORDS MANAGE- MENT PROGRAM CENTRAL FILING SYSTEM BID AWARD TO TEL PLUS FOR A COMPLETE PHONE SYSTEM FOR CITY FACILITIES DISCUSSION Board of Appeals. The regulation of electronic message signs was discussed, however it was decided that the Council has sufficient control at this time and no change was necessary. Rex McEntire explained to the Council the procedure that must be followed during the Assessment Hearing. Each agenda item was explained, from Item 15 which establishes the necessity for the improvement, through Item 18 which closes the Public Hearing. RNL asked for any questions pertaining to the filing system and records management program. RNL complimented Ms. Rewis on her professional handling of these items. Councilwoman Moody had questions pertaining to the new phone system and if its implementation would require another switchboard operator. Mayor Echols questioned the need for a microwave link between the Public Works Center and City Hall. The Council was advised that the new system is capable of handling this microwave link but the need and the cost consideration dictated that it be deleted from the package. Page Two 6/22/87 Pre-Council ASSIGNMENT NAN Jeanette Rewis Advertise use of revenue sharing John Whitney 'ITEM PURCHASE OF CUES MINI- SCOUT CAMERA SYSTEM DISCUSSION RNL explained the mini-scout camera. OTHER ITEMS Councilwoman Moody questioned the length of Phase II of the Economic Development study and asked for explanation of the black finish versus the chrome finish on the exercise machine. Page Three 6/22/87 Pre-Council ASSIGNMENT NAN 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 - JUNE 22, 1987 - 7:30 P.M. 1. CALL TO ORDER Mayor Echols called the meeting to order June 22, 1987, at 7:30 p.m. Present: Dan Echols Dick Fisher Marie Hinkle Mack Garvin Virginia Moody Jim Ramsey Linda Spurlock Staff: Rodger N. Line Dennis Horvath Jeanette Rewis Rex McEntire Lee Maness Gene Riddle John Whitney Stan Gertz Richard Royston Richard Albin Members of the Press Absent: Richard Davis 2. ROLL CALL Mayor Mayor Pro Tem Councilwoman Councilman Councilwoman Councilman Councilwoman City Manager Assistant City Manager City Secretary Attorney Finance Director Public Works Director Director of Support Services Fire Chief Director of Planning City Engineer Councilman 3. INVOCATION Mayor Pro Tem Fisher gave the invocation. 4. MINUTES OF THE REGULAR MEETING JUNE 8, 1987 APPROVED Councilman Garvin moved, seconded by Mayor Pro Tem Fisher, to approve the minutes of the June 8, 1987 meeting. Motion carried 5-0; Councilwoman Moody abstaining due to absence from the meeting. June 22, 1987 Page 2 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None 6. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (9, 10, 11, 13, 14, 19, 20, 21, 22, 23 & 24) APPROVED Councilman Ramsey moved, seconded by Councilwoman Hinkle, to approve the Consent Agenda. Motion carried 6-0. 7. PZ 87-3 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF STANLEY PESKIND AND LAWRENCE R. BURK TO REZONE TRACT lA AND IB, R.P. BARTON SURVEY, ABSTRACT 175, AND TRACT lA AND IB, J. M. VANDUSEN SURVEY, ABSTRACT 1588 FROM R-7 (MULTI-FAMILY) TO C-2 (COMMERCIAL) (LOCATED NORTH OF LOOP 820 AND WEST OF RUFE SNOW DRIVE IMMEDIATELY SOUTH AND WEST OF THE OUTLET MALL (POSTPONED AT OWNER'S REQUEST FROM THE APRIL 13, 1987 CITY COUNCIL MEETING) Mayor Echols opened the Public Hearing and called for anyone wishing to speak in favor of this reque~t to please come forward. Mr. John Burgess, Carter & Burgess, 1100 Malcom Street, representing the applicant, appeared before the Council. Mr. Burgess advised he was present to answer any questions the Council might have. Councilwoman Spurlock asked if the request was approved would the City be obligated to give them the street that was proposed along the west property line that would connect with the service road. Mr. Burgess stated that the City Master Plan called for them to dedicate the street. Attorney McEntire advised that the question on the street would be taken care of at the time of platting. 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. June 22, 1987 Page 3 8. ORDINANCE NO. 1450 APPROVED Councilman Ramsey moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 1450. Motion carried 6-0. * 9. PS 87-15 REQUEST OF BILL COFFEY FOR SHORT FORM PLAT OF LOT 5, BLOCK 1, A.G. WALKER ADDITION (LOCATED ON THE NORTHEAST CORNER OF DALEY AVENUE AND GRAPEVINE HIGHWAY) APPROVED *10. PS 87-17 REQUEST OF WILLIAM AGAN, DON FORMAN, AND PAUL K. MAR FOR REPLAT OF LOTS A, AI, AND A2, BLOCK 21, CLEARVIEW ADDITION APPROVED *11. PS 87-20 REQUEST OF NORTH HILLS JOINT VENTURE FOR REPLAT OF LOTS 19R-IA AND 19R-IB, BLOCK 33, HOLIDAY WEST ADDITION (LOCATED ON THE SOUTH SIDE OF BUENOS AIRES DRIVE EAST OF RUFE SNOW DRIVE) APPROVED 12. SO 87-7 REQUEST FOR VARIANCE TO THE SIGN ORDINANCE - 5TH AVENUE DINETTES DENIED Mr. Richard Amoedo, General Manager, Fifth Avenue Dinettes, appeared before the Council. Mr. Amoedo stated his business occupied two roads and he was able to get permission from the owner of the shopping center to have a sign on Bedford Euless Road. Mr. Amoedo stated it was very important for him to have another sign with the competition of Havertys across the street. Mayor Echols asked Mr. Amoedo if he felt strongly enough about the competition to move the present sign to the north. Mr. Amoedo stated that would not be helpful. Councilwoman Moody asked if there was not a sign on Bedford Euless Road advertising the shopping center. Mr. Amoedo replied no. June 22, 1987 Page 4 Councilwoman Moody asked where the second sign would be installed. Mr. Amoedo stated the present sign faced 820 and he would put the second sign facing Bedford Euless Road. Councilwoman Spurlock stated she partly sided with the Mayor's suggestion in moving the sign from the Access Road to Bedford Euless Road. Councilwoman Spurlock stated that the business was in a good location; that she noticed the business, not the sign. Mr. Amoedo stated that sometimes it was very beneficial to have a second point of attraction. Councilwoman Hinkle stated that the other businesses that advertise on the same sign pole with him had small signs and they had not requested a second sign. Councilwoman Hinkle asked if these businesses were not having a problem with people seeing them. Mr. Amoedo stated that most of the businesses were new, the others had gone out of business. Mayor Pro Tem Fisher stated that Mr. Amoedo was asking for a free standing pole sign for his business only. Mayor Pro Tem Fisher asked what was to keep the other businesses from also asking for a free standing sign. Mr. Amoedo stated that Mr. Royston had a letter stating that no one else would be able to place a sign on his pole sign. Councilman Ramsey moved, seconded by Councilman Garvin, to deny SO 87-7. Motion carried 6-0. *13. GN 87-57 ESTABLISHING RECORDS MANAGEMENT PROGRAM, ORDINANCE NO. 1444 APPROVED *14. GN 87-58 CENTRAL FILING SYSTEM APPROVED 15. GN 87-50 DETERMINING THE NECESSITY FOR IMPROVEMENTS ON WATAUGA ROAD, ORDINANCE NO. 1466 APPROVED Mayor Echols read Ordinance No. 1466, the caption of which follows: "AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREET: WATAUGA ROAD FROM RUFE SNOW DRIVE TO DAVIS BOULEVARD June 22, 1987 Page 5 IN THE CITY OF NORTH RICHLAND HILLS, TEXAS, FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREFORE FOR A PART OF THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR METHODS OF PAYMENT; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS, DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATIVE TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORD OF THIS CITY; AND PROVIDING FOR AN EFFECTIVE DATE. II Councilman Ramsey moved, seconded by Councilwoman Moody, to approve Ordinance No. 1466. Motion carried 6-0. 16. GN 87-51 PUBLIC HEARING ON WATAUGA ROAD ASSESSMENTS Mayor Echols opened the Public Hearing on the Watauga Road Assessment Program. Mayor Echols asked all persons wishing to testify in the case to be sworn. Mayor Echols swore the witnesses. Richard Albin, City Engineer, appeared as the first witness and explained the nature and extent of the project being a six-lane divided highway to be constructed with curb and gutter, drainage and appurtenances between Rufe Snow Drive and Davis Boulevard along the road known at the present time as Watauga Road. Rex McEntire, Attorney for the City, appeared as a second witness and explained the procedures in connection with the hearing and ordinances being passed this date. Mr. McEntire then called Donald Sherwood, as a witness. Mr. Donald Sherwood testified as to his credentials as a professional appraiser and further testified that he had been engaged by the City to make a determination as to whether or not the abutting property to be assessed would be enhanced in value by the project in an amount more than the assessment against each piece of abutting property. In response to questions by the Attorney, the witness testified that the value of each tract of land being assessed would be enhanced by at least the amount of the assessment. Mr. Sherwood testified as to several June 22, 1987 Page 6 specific tracts and gave examples of enhancement. On cross examination by persons protesting the assessment, the witnesses testified that the enhancement of residential property was more marginal and less clear than the enhancement of nonresidential. The next witness to appear was Mark Owens who testified that his name was Mark Owens and that he owned the property at 7416 South Sandhurst. Mr. Owens testified that he did not receive his notice of the hearing and that he had owned the property about two years. Attorney McEntire explained that the notice for his property had gone to the person on the tax roll who showed to be the owner of his property. Mr. Owens testified that he had a rear yard abutting Watauga Road and that he did not feel that his property would be enhanced in value by the project. The next witness was Reverend Bob Lane, North Park Baptist Church. Reverend Lane's concern was the configuration of the left turn medians. Mayor Echols suggested that he document this information, which was not germane to this project, and get it back to the City Manager as soon as possible. Reverend Lane also testified that he thought some predecessor in title had paid all or part of this assessment years ago. Mr. Line told the witness that this matter would be researched by the City. RECESS Mayor Echols called a five minute recess. SACK TO ORDER Mayor Echols called the meeting back to order with all present as recorded. The next witness to appear was Mr. Richard Hoar, 7436 South Sandhurst. Mr. Hoar testified that in his opinion his property would not be enhanced by the project. Mr. Hoar testified that it would be improper to assess residential property. Councilman Ramsey asked Mr. Hoar if he and his wife would be willing to sign a covenant agreeing that his property would not have direct access to Watauga Road when the project was completed. Mr. Hoar stated he would be willing to do so. The next witness to appear was Mr. Donald Grant, 7452 South Sandhurst. Mr. Grant testified that he did not believe his property would be enhanced in value by the project. June 22, 1987 Page 7 Mayor Echols asked Mr. Grant if he would be willing to sign the type of covenant that Councilman Ramsey referred to earlier in the meeting. Mr. Grant stated he would be willing to do so. The next witness to appear was Mr. William Bartholomew, 7404 South Sandhurst. Mr. Bartholomew testified that he was all in favor of the road improvements and he did not want a curb cut. Mr. Bartholomew testified he would be willing to sign a covenant waiving direct access to Watauga Road. The next witness to appear was Ms. Rhonda Newsome, 6313 Dorchester. Ms. Newsome testified that she felt the project would not enhance the value of her property but would in fact decrease its value and she asked the Mayor to continue the Public Hearing to some other night because they already knew of one person, Mr. Owens, who had not received the notice. The next witness to appear was Ms. Joanne Keane, 6925 Watauga Road. Ms. Keane testified she did not feel her property value would increase because of the project. Mayor Echols then asked if any other persons wished to appear. There being none, Mayor Echols called for a motion concerning the protests. Councilman Ramsey moved, seconded by Councilwoman Hinkle, that the roll be amended waiving assessments on rear residential lots providing that the owner sign a covenant waiving direct access to Watauga Road. Councilman Garvin made a substitute motion that the roll be amended waiving the assessment on rear yards providing that a covenant be signed by the owners and delaying the collection of assessments on side and front residential until the property is sold or replatted and waiving the eight percent interest. Councilwoman Moody seconded the substitute motion. Councilwoman Hinkle asked how many property owners this would involve. Councilman Garvin stated about seven lots. Motion carried 4-2; Councilwomen Hinkle, Moody and Spurlock, and Councilman Garvin voting for and Mayor Pro Tem Fisher and Councilman Ramsey voting against. 17. GN 87-52 APPROVING AND ADOPTING ESTIMATES FOR IMPROVEMENTS OF WATAUGA ROAD, ORDINANCE NO. 1467 APPROVED June 22, 1987 Page 8 Mayor Echols read Ordinance No. 1467, the caption of which follows: "AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON THE FOLLOWING STREET: WATAUGA ROAD FROM RUFE SNOW DRIVE TO DAVIS BOULEVARD IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHER INTERESTED PARTIES; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY OF NORTH RICHLAND HILLS CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE RECORDS OF THIS CITY; PROVIDING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. II Mayor Echols then called for action on Ordinance No. 1467. Councilwoman Moody moved, seconded by Mayor Pro Tem Fisher, to approve Ordinance No. 1467. Motion carried 6-0. 18. GN 87-53 CLOSING HEARING AND LEVYING ASSESSMENTS FOR IMPROVEMENTS OF WATAUGA ROAD, ORDINANCE NO. 1468 APPROVED Mayor Echols read Ordinance No. 1468, the caption of which follows: "ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREET: WATAUGA ROAD FROM RUFE SNOW DRIVE TO DAVIS BOULEVARD IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; FIXING CHARGES AND LIENS AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING FOR AN EFFECTIVE DATE. II Councilwoman Moody moved, seconded by Councilman Ramsey, to approve Ordinance No. 1468. At this point Attorney McEntire explained that the rolls would be amended to refTect the substitute motion of Councilma~Garvin which was passed prior to Ordinance No. 1467. Mayor Echols called for a vote on Ordinance No. 1468. June 22, 1987 Page 9 Motion carried 6-0. After discussion by members of the Council, motion was made by Councilwoman Moody, seconded by Councilwoman Spurlock, to reconsider the motion and vote on Ordinance No. 1468, Item No. 18. Motion carried 6-0. Councilman Ramsey moved that Ordinance No. 1468 be approved and that the rolls be amended waiving the assessment on all residential property provided that the owner of each tract execute a covenant within 30 days waiving right to direct access to Watauga Road except those residential property owners with front entrances. Councilwoman Spurlock seconded the motion. Motion carried 6-0. *19. GN 87-54 APPROVING AND AUTHORIZING PAYING AGENT/REGISTRAR AGREEMENT, RESOLUTION NO. 87-20 APPROVED *20. GN 87-56 CONTRACT FOR ECONOMIC DEVELOPMENT/MARKETING/ TOURISM PROGRAM WITH WORTH BLAKE AND ASSOCIATES APPROVED *21. PU 87-26 REQUEST TO APPROVE PROPERTY INSURANCE BID APPROVED *22. PU 87-27 PURCHASE OF CUES MINI-SCOUT CAMERA SYSTEM IN THE AMOUNT OF $9,850.00 APPROVED *23. PU 87-28 BID AWARD TO BUSY BODY INC. FOR 11 STATION EXERCISE MACHINE IN THE AMOUNT OF $9,890.00 APPROVED *24. PU 87-29 BID AWARD TO TEL PLUS FOR A COMPLETE PHONE SYSTEM FOR CITY FACILITIES IN THE AMOUNT OF $143,784.00 APPROVED June 22, 1987 Page 10 25. CITIZEN PRESENTATION Mr. T.W. Hendrickson, 7205 Lola, appeared before the Council. Mr. Hendrickson asked what was going to be done to Lola Drive. Mr. Hendrickson stated there were stakes in his yard and markers in the street. Mayor Echols advised Mr. Hendrickson this was for a storm drain from the school's property to Calloway Branch Creek. Mr. Albin stated the stakes that were in Mr. Hendrickson's yard were offset stakes. Mr. Albin explained the drain would be in the street and that his yard would not be torn up. 26. ADJOURNMENT Councilwoman Moody moved, seconded by Mayor Pro Tem Fisher, to adjourn the meeting. Motion carried 6-0. ~ Mayor ATTEST: f;f.æa7h ~ Ci Secretary