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HomeMy WebLinkAboutCC 1987-10-12 Minutes Present: ITEM APPROVAL OF PLANS AND SPECIFICATIONS FOR MARTIN DRIVE ,~NSTRUCTION OF "''-' iARNES ROAD AND HIGHTOWER ROAD PROJECTS APPROVAL POLICY ON ACQUISITION OF RIGHT-OF-WAY NOTES ON PRE-COUNCIL MEETING OCTOBER 12, 1987 Dan Echols Di ck Fi sher Richard Davis Mack Garvin Marie Hinkle Virginia Moody Jim Ramsey Linda Spurlock Rodger Line Dennis Horvath Rex McEntire Richard Albin Gene Riddle Greg Dickens Richard Royston Lee Maness Mayor Mayor Pro Tern Councilman Councilman Counci lwoman Councilwoman Councilman Councilwoman City Manager Assistant City Manager Attorney City Engineer Public Works Director Asst. Public Works Dir. Planning/Development Dir. Finance Director DISCUSS ION ASSIGNMENT Richard Albin discussed Item #1 and Item #2 and reviewed right-of-way problems and the assessment rolls with the City Council. There was some discussion concerning the City Assessment Policy, but the staff was unable to determine the consensus of the Council regarding possible review and revisions to the current policy. Therefore, staff will await further direction from the Council. Dennis Horvath explained the proposed policy on the acquisition of right-of-way. The policy would provide a consistent and orderly method of acquiring through donation Gene Riddle Jeanette Rewis or purchase of right-of-way and easements. It was agreed that the procedures contained in the policy would be effective immediately ITEM NEW CONFERENCE ROOM FOR PRE- COUNCIL MEETINGS AND MAJOR CONFERENCES /"-.... REMINDER OF WORK SESSION - OCTOBER 20, 1987 OTHER ITEMS DISCUSSION and that it would be presented for formal action at the next City Council Meeting. DH explained to the Council the breakdown of the cost involved in the new City Conference Room. Due to the cost of construction, the Council decided that the Audio/Visual Equipment could be provided at a later time. It was also decided that we would get one estimate for the Change Order from the current contractor and one outside estimate and Don White (PSA) and John Whitney would review unit costs and submit to the Council for final approval. The City Council was reminded of the the work session to be conducted on October 20th, 1987 at 6:30 p.m. Councilman Davis requested that the City Council be provided a list, at the next meeting, of all organizations in which the City has a membership and pays dues, including contracts for services rendered. The list should include ~'M'"_~_"""'_"_'~W~'''_''~_''_.__'~__'___''~'~___'___ Page Two 10/12/87 Pre-Council ASSIGNMENT Dennis Horvath John Whitney Pl ease follow up C.A. Sanford Lee Maness Please handle ._; TEM DISCUSSION such organizations as Women's Crisis Center, NEFAL, Trinity Arts Council, COG, North Texas Commission, Chamber of Commerce, Texas Municipal League, National League of Cities, etc. Councilwoman Moody called attention to the need to allocate more time and/or exercise better time management regarding Pre-Council Meetings. Councilwoman Spurlock requested that she be notified prior to destruction of any trees due to any construction project (especially Martin Drive) so that she can arrange for them to be transplanted. Staff was reminded of the Council IS request for a report on the cost/feasibility of purchasing a tree spade machine. Page Three 10/12/87 Pre-Council ASSIGNMENT RNL Note Gene Riddle Please coordinate Lee Maness Please handle 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 12, 1987 - 7:30 P.M. 1. CALL TO ORDER Mayor Echols called the meeting to order October 12, 1987, at 7:30 p.m. Present: Dan Echols Dick Fisher Richard Davis Marie Hinkle Mack Garvin Virginia Moody Jim Ramsey Linda Spurlock Staff: Rodger N. Line Dennis Horvath Jeanette Rewis Rex McEntire Gene Riddle Richard Royston Richard Albin Don Bowen Members of the Press Mayor Echols gave the invocation. 2. ROLL CALL Mayor Mayor Pro Tern Councilman Councilwoman Councilman Councilwoman Councilman Councilwoman City Manager Assistant City Manager City Secretary Attorney Public Works Director Director of Planning City Engineer Planning & Zoning Member 3. INVOCATION 4. MINUTES OF THE REGULAR MEETING SEPTEMBER 28, 1987 APPROVED Councilwoman Hinkle moved, seconded by Councilman Davis, to approve the minutes of the September 28, 1987 meeting. Motion carried 5-0; Councilwoman Moody and Councilman Ramsey abstaining due to absence from the meeting. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None October 12, 1987 Page 2 6. Consent Agenda Item(s) indicated by Asterisk (10, 11, 12, 13, 14 & 17) APPROVED Mayor Pro Tern Fisher moved, seconded by Councilwoman Moody, to approve the Consent Agenda. Motion carried 7-0. 7. PZ 87-18 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF BURK COLLINS TO REZONE LOTS 31-43, BLOCK 2, W.E. ODELL ADDITION, LOTS 1-17, BLOCK 4, LOTS 1-14, BLOCK 5, LOTS 59-64, BLOCK 3, AND A PORTION OF LOT 58, BLOCK 3, STONEYBROOKE SOUTH ADDITION FROM R-3 SINGLE FAMILY, R-8 ZERO-LOT-LINE RESIDENTIAL, AND R-5D DUPLEX TO 1-2 INDUSTRIAL (LOCATED ALONG SOUTH SIDE OF ODELL STREET) Mayor Echols opened the Public Hearing and called for anyone wishing to speak in favor to this request to please corne forward. Mr. Burk Collins, developer, 8251 Bedford Euless Road, appeared before the Council. Mr. Collins stated the property in question was adjacent to the Northeast Business Park. Mr. Collins stated the zoning request was to increase the park to accommodate warehouses and administrative offices for Haverty's Furniture. Mr. Collins stated if the request was approved it would only increase the business in Northeast Business Park approximately 6 1/2 acres. Mr. Collins stated it would increase tax revenue for the City, plus create new jobs in the area. Mr. Collins stated he had negotiated with most of the owners on Odell Street and offered contracts on both sides of the street. Mr. Collins stated he intended to continue with his negotiations to purchase property along Odell Street. Councilwoman Moody asked if there would be a railroad spur to Haverty's. Mr. Collins stated they did not intend to put in a railroad spur. Councilwoman Moody stated she had heard the development would be a manufacturing plant and not a warehouse. Mr. Collins stated it would be a distribution center. Councilwoman Moody asked Mr. Collins if he had made offers to all of the property owners and did he have proof. Mr. Collins stated yes. Mayor Pro Tern Fisher asked if the negotiations were at commercial or residential rate. October 12, 1987 Page 3 Mr. Collins stated commercial rate. Councilman Davis asked if there would be an adequate buffer between the residential and commercial if Mr. Collins was unable to purchase all of the property on the north side of the street. Mr. Collins stated he could not answer that until he had the final building plans. Councilman Davis asked if the plans would be available at the time of platting. Mr. Collins replied yes. Mayor Pro Tern Fisher asked where the traffic would be entering into the project. Mr. Collins stated he was unable to answer at this time. Mr. Collins asked for rebuttal time if there was opposition to this request. Ms. Barbara Dutton, Odell Street, appeared before the Council. Ms. Dutton stated she was under contract to Mr. Collins to purchase her house. Ms. Dutton stated that she felt that it was the highest and best use for the land. Ms. Dutton stated there were only eight property owners and only six lived there. Mr. J. H. Baker, 8336 Odell, appeared before the Council. Mr. Baker stated he did not want to see any of his neighbors hurt but he was in favor of the zoning request. Mr. Baker stated he was also speaking on behalf of two of his neighbors who could not attend the meeting. Mayor Echols called for anyone wishing to speak in opposition to this request to please corne forward. Mr. V. L. Gibson, 8333 Odell, appeared before the Council. Mr. Gibson stated he felt it was inappropriate to only zone one side of the street. Mr. Gibson stated that Mr. Collins had offered to buy his home but the offer was unacceptable. Ms. Hazel Odette, 8337 Odell, appeared before the Council. Ms. Odette stated she felt like this would generate a lot of traffic and she was in opposition to the request. Ms. Odette stated Mr. Collins had not been near her place or made any kind of offer. Councilwoman Moody asked Ms. Odette if she was saying Mr. Collins had not made her an offer at all. Mr. Collins advised that he had tried to contact the Odettes and Ms. October 12, 1987 Page 4 Odette's neighbor had told him that Mr. Odette was in the hospital. Councilman Davis asked Ms. Odette if she received a fair offer would she object to the rezoning. Ms. Odette stated she would not be opposed if a fair offer was made. Mr. Don Chille, 8405 Timberlane Court, appeared before the Council. Mr. Chille stated he objected to the south side of Odell Street being rezoned to industrial and the north side left residential. Mr. Chille quoted an article that appeared in the May 1985 Star Telegram. Councilman Ramsey called for point-of-order. Councilman Garvin asked how this rezoning would impact on Mr. Chille. Mr. Chille stated the closer residential was to industrial property, market value did not have any potential. Mr. Chille stated it would also increase the traffic in the area. Ms. Joanie Ruppel, 7301 Stoneridge, appeared before the Council. Ms. Ruppel stated she objected because of the increase in traffic in the area and on Davis Boulevard. Mr. Frank Madden, 8620 Amundson, appeared before the Council. Mr. Madden stated he felt the City needed to pass an ordinance to prohibit railroad spurs in residential areas during night time hours. Mr. Madden stated he also felt the people on the north side of Odell should be bought out before the zoning was approved. Mr. Jim Cato, 6733 Parkwood, appeared before the Council. Mr. Cato stated his concern was a large tract of land north of his property that was undeveloped. Mr. Cato stated he was also concerned over the precedent that might be set over the encroachment of industrial on the residential. Mr. Cato also quoted from a portion of the Zoning Ordinance which stated the purpose of the ordinance was to zone the entire area of the City into districts in accordance with the Comprehensive Plan for the purpose of promoting health, safety, morals and general welfare of the general public. Ms. Helen Carpenter, 8217 Odell, appeared before the Council. Ms. Carpenter stated she was highly opposed because of the increase in traffic and noise that would be generated. Councilwoman Moody asked Ms. Carpenter if she would be opposed if there was a buffer between her property and the development if she did not wish to sell. October 12, 1987 Page 5 Ms. Carpenter stated it was not a matter of her wanting to sell, she had not been offered a fair price. Councilwoman Moody asked Ms. Carpenter if an acceptable offer was made would she be opposed. Ms. Carpenter stated yes, because she would be stranded there with property she could do nothing with, but live on. Ms. Carpenter stated her mother lived on the property and would continue to unless and until they both agreed to sell. Ms. Carpenter stated there had been no provisions made for getting the trucks in and out, would the traffic be allowed to corne out in front of her house. Councilwoman Moody stated this would be addressed at the time of platting. Ms. Mildred Allen, 8217 Odell, appeared before the Council. Ms. Allen stated she was very much opposed to the rezoning request. Ms. Allen stated she did not want to have to look at warehouses. Ms. Allen stated she had considered selling the property for a fair price. Ms. Allen stated that Mr. Collins had never contacted her daughter who owned the property. Mayor Pro Tern Fisher asked if a fair price was an appraised value. Ms. Allen stated she would have to have enough money to buy another place. Mr. Collins was granted rebuttal. Mr. Collins stated he would try to clear up some of the questions. Mr. Collins stated he could submit to the Council a contract that Ms. Allen had signed. Mr. Collins stated that in his opinion the highest and best use of the property was industrial. Mr. Collins stated he would continue negotiations with the residents on the north side of Odell. Councilman Davis asked if Mr. Collins would have a problem with putting possible stipulations that there would be no railroad spur to be used at night. Mr. Collins stated it would not be a problem for him, but he did not understand how the inner part of a furniture warehouse worked. There being no one else wishing to speak Mayor Echols closed the Public Hearing. 8. ORDINANCE NO. 1499 APPROVED Councilwoman Moody moved, seconded by Councilman Garvin, to approve Ordinance No. 1499. Councilman Davis asked Attorney McEntire if it would be possible to place October 12, 1987 Page 6 stipulations at the time of platting. Attorney McEntire stated stipulations should be addressed at the time of platting. Councilman Davis stated, as a note for record, that at the time of platting stipulations concerning the railroad spur and possible landscaping or fence buffer be required if the north side of Odell Street had not been bought at the time the building was occupied. Mr. Collins stated they would have no problem with the stipulations, it would be up to Haverty's. Councilwoman Spurlock made the following statements: "The purpose of the Zoning Ordinance is to protect the health, safety, morality and welfare of the community; to carry out land use development policies of the Comprehensive Plan, and I see it now as residential; to prevent adverse or undesirable effects that incompatible uses could have on each other, to assure sufficient suitable land for future development; to protect and improve the fiscal environment; to protect and maintain property values; to ensure that land uses are properly situated in relationship to one another; to control density so that property can be adequately serviced by public services and facilities; to preserve and develop a community economic base." Councilwoman Spurlock stated she felt that 98% of that went towards the citizens that live there in helping them to keep the zoning as it is. Councilman Ramsey stated that this issue was one of the toughest ones that the Council had gone through. Councilman Ramsey stated there had been several heated private discussions and he wanted to compliment the Council. Councilman Ramsey stated he would like it part of the record that he felt the Council was earning this vote. Motion carried 4-3; Councilwomen Moody and Hinkle, Councilmen Davis and Garvin voting for; Mayor Pro Tern Fisher, Councilwoman Spurlock and Councilman Ramsey voting against. RECESS Mayor Echols called a five minute recess. BACK TO ORDER Mayor Echols called the meeting back to order with the same members present as recorded. 9. GN 87-111 PUBLIC HEARING - AMENDMENT TO SUBDIVISION ORDINANCE NO. 195 REGARDING PARK LAND DEDICATION, ORDINANCE NO. 1500 DENIED October 12, 1987 Page 7 Mayor Echols opened the Public Hearing and called for anyone wishing to speak to please corne forward. Mr. Don Bowen, Planning and Zoning Chairman, appeared before the Council. Mr. Bowen stated the recommendation of the Planning and Zoning Commission was that this ordinance be denied. Mr. Bowen stated that the Commission felt that they did not want to place a hardship on developers at this time. Councilman Davis expressed his appreciation for the time the Planning and Zoning Commission spent on the ordinance. Councilman Davis asked why the Council would hear something that the Planning and Zoning Commission recommended for denial. Mr. Line stated the Council might disagree with the Planning and Zoning Commission and it was placed on the Agenda for Council's consideration. Mayor Echols called for anyone else wishing to speak. There being no one wishing to speak Mayor Echols closed the Public Hearing. Councilman Davis moved, seconded by Councilwoman Moody, to deny Ordinance No. 1500. Motion carried 7-0. *10. GN 87-112 AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY, RESOLUTION NO. 87-29 APPROVED *11. GN 87-113 APPROVAL OF PLANS AND SPECIFICATIONS FOR MARTIN DRIVE APPROVED *12. GN 87-114 CONSTRUCTION OF STARNES ROAD AND HIGHTOWER DRIVE APPROVAL APPROVED *13. GN 87-115 ASSESSMENT ORDINANCE FOR STARNES ROAD PROJECT, ORDINANCE NO. 1501 APPROVED *14. GN 87-116 ASSESSMENT ORDINANCE FOR HIGHTOWER DRIVE PROJECT, ORDINANCE NO. 1502 APPROVED October 12, 1987 Page 8 15. GN 87-117 NOMINATION FOR MEMBERSHIP ON TAX APPRAISAL DISTRICT BOARD, RESOLUTION NO. 87-30 APPROVED Councilman Ramsey moved, seconded by Mayor Pro Tern Fisher, to approve Resolution No. 87-30 nominating Jim Norwood. Motion carried 7-0. 16. GN 87-118 ORDINANCE DECLARING A NECESSITY FOR COMPLETING DRAINAGE PLANS CONSISTENT WITH S.B. 336, CAPITAL IMPACT FEES, ORDINANCE NO. 1503 APPROVED Councilman Davis moved, seconded by Mayor Pro Tern Fisher, to approve Ordinance No. 1503. Motion carried 7-0. *17. PU 87-41 REJECT BIDS FOR TYPE I AMBULANCE CHASSIS REMOUNT APPROVED 18. CITIZEN PRESENTATION Dr. Peter Sakovich, 5341 Lynda Court, appeared before the Council. Dr. Sakovich stated he appeared before the Council on August 24th pertaining to the condition of the dumpster at the Northridge Village Apartments. Dr. Sakovich stated that in the last six weeks there had been minimal improvements. Dr. Sakovich stated the dumpster was still unsightly and smelly. Mayor Echols asked if the dumpster could be could be relocated. Mr. Line stated that he had made an inspection of the site and there was no other place for the dumpster. Mr. Line stated the City did not have the authority to require them to move the dumpster. Mr. Line stated he had checked with the Inspection Department just this morning and tickets had been issued. Mr. Line stated the only thing he knew to do was to monitor it and issue tickets. Councilman Davis stated he appreciated the staff's response to the problem. Councilwoman Spurlock stated she felt the City should continue to monitor and issue tickets every day if necessary. Councilwoman Spurlock stated she felt the complex manager should be held responsible for the condition of the dumpster. October 12, 1987 Page 9 Dr. Sakovich stated there was also trash set out every day at different points in the complex in grocery sacks. Dr. Sakovich was assured that the City would continue to monitor the situation. 19. ADJOURNMENT Councilman Davis moved, seconded by Councilwoman Moody, to adjourn the meeting. Motion carried 7-0. ··~ç-Ü v ~L-z Mayor ATTEST: (~La~¿~ Cilf Secretary