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HomeMy WebLinkAboutCC 1984-02-13 Minutes Present: Absent: ITEM NOTES ON PRE-COUNCIL MEETING FEBRUARY 13, 1984 Dick Faram Rodger Line Dennis Horvath Gene Riddle Marie Hinkle Jim Ramsey Richard Davis Jim Kenna Dick Fisher J.C. Hubbard Rex McEntire Richard Albin Harold Newman DISCUSSION Mayor City Manager Assistant City Manager Public Works Director Councilwoman Mayor Pro Tem Councilman Councilman Councilman Councilman City Attorney City Engineer Councilman DISCUSSION OF Sixteen areas on the Zoning Map were identified and THE ZONING MAP - PLANNING discussed as potential problem areas. The Council AND ZONING COMMISSION determined that the intent of the Zoning Ordinance was DISCUSSION OF WATER AND SEWER SYSTEM- MAYOR FARAM to not change the zoning of vacant, unplatted property without the appropriate hearing conducted by Planning and Zoning. The only changes to be made were to conform existing uses to the proper zoning, therefore item #1, 3A, 6, 8, 9 & 11 should be corrected to coincide with the previous zoning classifications. Mayor Faram discussed a proposal with the Council that was made to the Mayor and City Manager of Watauga. The proposal is to sell the water and sewer system currently in Watauga to that city. The price would be determined by establishing what percent of bond indebtedness of the two cities is physically located in Watauga (exclusive of ground storage and major mains). The City of Watauga would pay through us to our bond holders that portion of ASSIGNMENT Gene - Prepare Zoning Ordinance similar to item 1115 to correct errors RNL - Follow up with financial advisor and KEF 2/13 Pre-Council Page Two ITEM DISCUSSION ASSIGNMENT the indebtedness at the same interest rate we currently have. Watauga would then be in control of their own system, their own growth and could finance any needed improvements on their own. This sale would be a phased transfer and the current water rates would cover their M&O as well as their portion of debt requirement. Mayor Faram stressed that there are no figures available at this time on the amount of their debt requirement or other assets located in Watauga. He asked the Council to think about the proposal and pass on any pitfalls that they may see. There was a brief discussion following his presentation regarding the potential valving and metering problems. The Mayor asked the Staff to begin working up cost estimates. The Council then questioned the Staff about the current status of the Watauga sewer problem. Richard Albin stated that he was waiting for the City of Watauga and the two developer's engineers to provide data that was requested. He will need approximately one week to prepare the report after the data are collected. -- ----- - -'~---___."~~"._._~~o<._____,_.~,~"__.~_,,._~.___~_~____~_..__~~___"~~_,.._~,_,,__._~_ 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 - FEBRUARY 13, 1984 - 7:30 P.M. 1. Mayor Faram called the meeting to order February 13, 1984, at 7:30 p.m. 2. Present: Dick Faram Jim Ramsey Richard Davis Dick Fisher Marie Hinkle J.C. Hubbard Jim Kenna Harold Newman Staff: Rodger N. Line Dennis Horvath Jeanette Moore Rex McEntire Richard Albin Gene Riddle John Whitney Press: Mark England Catherine Woodard David Doremus 3. Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Councilman City Manager Assistant City Manager City Secretary City Attorney City Engineer Director Public Works- Utility Purchasing Agent Mid Cities Daily News Fort Worth Star Telegram Northeast Chronicle The invocation was given by Councilman Davis. 4. Mayor Pro Tem Ramsey moved, seconded by Councilwoman Hinkle, to approve the minutes of the January 23, 1984 meeting. Motion carried 7-0. 5. Councilman Davis removed item #16 from the Consent Agenda. 6. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve the Consent Agenda. Motion carried 7-0. CALL TO ORDER ROLL CALL INVOCATION CONS IDERATION OF MINUTES OF THE REGULAR MEETING JANUARY 23, 1984 APPROVED CONSIDERATION OF REMOVING ITEM (S) FROM THE CONSENT AGENDA CONSIDERATION OF to CONSENT AGENDA ITEM (S) INDICATED BY ASTERISK (#12, 13, 14, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29 & 30) APPROVED 7. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Steve Harrison, Attorney, 4708 Holiday Lane West, representing Mr. Gene Huggins appeared before the Council. Mr. Harrison stated that Mr. Huggins desired to put a Honda Dealership at this location. Mr. Harrison stated the Planning and Zoning Commission had denied the request because they wanted a more restrictive C-2 Zoning, which was the zoning now under the new Zoning Ordinance. Mr. Harrison stated he made application for the C-2 zoning and was advised they would have to wait six months because the request had been denied. Mr. Harrison stated they checked with the City Attorney to see if this was required and because the six month period was critical to them, they asked for an appeal hearing. Mr. Harrison stated they had met with the property owners and tried to alleviate all their concerns. Mr. Harrison stated he felt the commercial zoning would be more compatible than the present zoning of multi-family. At this time the Council was presented with a slide presentation. Mr. Ernest Hedgcoth, Consulting Engineer, appeared before the Council. Mr. Hedgcoth stated they had met with the property owners in the area and their main concerns were traffic, a buffer area and the general safety of the residents. Mr. Hedgcoth stated they planned to construct a concrete six foot fence on the north-south property line. Mr. Hedgcoth stated the traffic would enter the lot along the west bound lane of Loop 820. Mr. Hedgcoth stated there would be no drive access from the lot on Susan Lee to the east or to Cloyce Street to the west or Short Street to the north. Mr. Hedgcoth stated there would also be twenty-four hour security on premises and there would be no one entering the northern portion of the property after 6:00 p.m. Mr. Soloman Peterson, Architect, 16816 Dallas Parkway, Dallas, appeared before the Council. Mr. Peterson stated the dealership had been designed to be as compatible as possible with the surrounding residential property. Mr. Peterson stated that some of the concerns of the property owners was the lighting, however the directional lighting was away from the residential area. Mr. Peterson stated the PA System would be designed to a number of small boxes throughout the building to keep the sound away from the residential property. Mr. Peterson stated they had talked with the property owners and addressed their concerns and hoped that all was satisfactory. February 13, 1984 Page 2 PLANNING & ZONING - PUBLIC HEARING - APPEAL HEARING - PZ 83-66, REQUEST OF GENE HUGGINS TO REZONE BLOCK 42C AND LOT 21R, BLOCK 5, RICHLAND TERRACE ADDITION FROM MULTI- FAMILY AND 1F-9 TO COMMERCIAL (LOCATED ON THE NORTH SIDE OF NORTHEAST LOOP 820 FRONTAGE ROAD AND BOUNDED ON THE WEST BY CLOYCE DRIVE) Mr. Steve Harrison appeared before the Council. Mr. Harrison stated their primary concern was Mr. James Wilson, the property owner that would be the one most affected and Mr. Huggins had made the following commitments to Mr. Wilson: 1. There will be no drive access from the auto dealership to Susan Lee Lane; 2. The service area will be closed and locked at or before 6:00 p.m. each day; 3. There will be a twenty-four hour on-premises security to protect against theft and vandalism; 4. All lighting will be directional lighting only designed to provide light only in display areas and to minimize diffused light on adjacent property. A majority of the lighting will be cut-off during off-business hours and only minimum security lighting will remain on during off-business hours; 5. The exterior public address system will be mounted such that all speakers are directed away from residential areas to mute the effect on adjacent property owners. No buzzers or bells will be used on the exterior public address system; 6. The north-south fence on the back property line of adjacent property owners will be concrete fence with a painted brick pattern toward the residential property side, at a height of either six foot or eight foot, as determined by a consensus of the property owners; 7. The side-yard fence running south-easterly along the side-lot line to Mr. Wilson's property will be a six foot concrete fence with a painted brick pattern toward Mr. Wilson's property to the front building line of Mr. Wilson's residence; from the front building line southeast to Susan Lee Lane the property line will be landscaped with shrubs from three foot to four foot in height and small trees sufficient to provide a visual barrier; and, 8. Landscaping with shrubs and small trees will also be provided on the tracts' frontage to Susan Lee. Mr. Harrison stated that Mr. Huggins wanted him to express to the Council that the name of the dealership would be North Richland Hills Honda and would employ local people. February 13, 1984 Page 3 Mr. McEntire asked Mr. Harrison if he understood that the property would fit in the new zoning classification of C-2. Mr. Harrison stated yes, that was what they wanted. Mr. James Wilson, 4705 Susan Lee, appeared before the Council. Mr. Wilson stated that based on the commitments that had been made, he would be in favor of the rezoning. Mr. Billy Griffin, 4801 Susan Lee, appeared before the Council. Mr. Griffin stated that he had talked with the property owners in the area and four of them on Susan Lee were in favor of the rezoning and he would ask the Council to approve the request. Mayor Faram called for anyone wishing to speak in opposition to the request to please come forward. Mrs. Linda Sutphin, 5012 Mary Anna Way, appeared before the Council. Mrs. Sutphin stated that she was not in opposition to the rezoning of the property to commercial, but was against the type of development being proposed. Mrs. Sutphin stated there were several dealerships in North Richland Hills that backed up to commercial developments and not in a residential area. Mrs. Sutphin stated she was not contacted about the rezoning change. Mr. Alf Brekke, 5020 Mary Anna Way, appeared before the Council. Mr. Brekke stated he did not feel the dealership would last, that there had been dealerships in the City that only lasted a short time. Mr. Brekke stated it would add more traffic in the area. Mr. Brekke stated he had no objections to the way it was going to be built, but did not think it would be a lasting thing. Councilman Kenna stated that as alternatives, the property could become apartments or a shopping center. Mrs. Dorothy Porter, 4928 Mary Anna Way, appeared before the Council. Mrs. Porter stated she was for commercial development, but did not want a car dealership. Mrs. Porter stated she felt it would cause more traffic in the area. February 13, 1984 Page 4 Mrs. G.S. Osborne, 5014 Mary Anna Way, appeared before the Council. Mrs. Osborne stated that no matter what was built on the lot it would add more traffic. Mrs. Osborne stated a dealership would make Grapevine Highway and Davis Boulevard, which was already unbearable with traffic, more hazardous. Mr. Eric Lilley, 4906 Mary Ann Way, appeared before the Council. Mr. Lilley stated that he was against the rezoning because of the lights and the noise the loud speakers would cause. Mr. Charlie Banks, 5022 Mary Anna Way, appeared before the Council. Mr. Banks stated he had no objection to the rezoning, but would rather have a professional building that would have a lower noise level. Mr. Banks stated he felt the dealership would lower the values of the property on Mary Anna Way. Councilman Fisher asked Mr. Banks if he was concerned about the traffic in any way. Mr. Banks stated no, the only concern he would have as far as the traffic would be on Short Street. There being no one else wishing to speak, Mayor Faram closed the public hearing. 8. Mayor Faram advised the Council that this was an appeal hearing and would require a 3/4 vote. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve PZ 83-66, Ordinance No. 1087. Councilman Davis stated that because of the concerns of the homeowners he would like for the motion to include the commitments that had been made by Mr. Huggins and have them attached as part of the Ordinance. Councilman Kenna and Councilwoman Hinkle agreed to the commitments being a part of the motion and Ordinance. Councilman Davis asked what would be on the property by Short Street. Mr. Harrison stated it would be landscaped with trees and shrubs. February 13, 1984 Page 5 CONSIDERATION OF ORDINANCE FOR PZ 83-66 APPROVED ORDINANCE NO. 1087 Councilman Kenna stated that several speakers indicated they were in support of the commercial zoning and once a commercial zoning was given there were many things that would be less attractive than a dealership. Councilman Kenna stated that multi-family could be built on the property and he felt with the commitments that had been made, everyone knew what would be placed on the property with the C-2 zoning. Mr. McEntire stated that from the standpoint of objections, he had noticed that there were not any objecting to the commercial zoning only the car dealership. Mr. McEntire stated that he wanted to point out that the Council was not voting on a dealership but the C-2 zoning. Motion carried 7-0. 9. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Kirk Nance, 1100 Greenpoint Circle, Fort Worth, appeared before the Council. Mr. Nance stated this request was heard by the Planning and Zoning Commission August 12, 1983 and was denied by a tie vote. Mr. Nance stated the main reason the Commission denied the request was because of the footage requirements for a sign on this property and he did not feel the footage should have been a bearing in the zoning case. Mr. Nance stated that the property to the west was industrial and the property to the east was zoned commercial. Mr. Nance stated that the last time he had reviewed the Zoning Map it showed the property in question to be zoned industrial. Councilman Kenna stated he understood that the request shown on the plat, which exists, is to the center line of Loop 820. Mr. Nance stated yes, from the center line of the railroad to the center of Loop 820. Mayor Pro Tem Ramsey asked Mr. Nance how he could request a rezoning change when he did not own the property. Mr. Nance stated he had authorization from the railroad for the rezoning and also had a lease on the property from the railroad. Mayor Faram called for anyone wishing to speak in opposi- tion to this request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. February 13, 1984 Page 6 PLANNING & ZONING - PUBLIC HEARING - APPEAL HEARING - PZ 83-54, REQUEST OF M & W INVESTMENTS TO REZONE A PORTION OF TRACT 4, T.K. AKERS SURVEY, ABSTRACT 19, FROM AGRICULTURE TO INDUSTRIAL (LOCATED ON THE RAILROAD PROPERTY NORTH OF NORTHEAST LOOP 820) 10. Mayor Faram asked Mr. McEntire if the applicant could represent the railroad as ownership and seek this change in zoning. Mr. McEntire stated the applicant could if he had a lease, but he had never seen the lease. Mayor Faram asked Mr. McEntire if it was within the legal rights of the Council to pass this zoning based on what had been presented. Mr. McEntire stated he would advise the Council not to approve the request. Mayor Pro Tem Ramsey moved, seconded by Councilman Hubbard, to deny PZ 83-54, Ordinance No. 1088. Motion carried 7-0. 11. Mayor Faram stated he had a request from Mr. Phillip Barnett to speak on this request. Mr. Phillip Barnett, 2813 Michael, Mineral Wells, appeared before the Council. Mr. Barnett stated there were a number of items in the Engineer's letter that needed to be taken care of. Mr. Barnett stated that items #1, 2, 3, 4 and 5 were all corrected. Mr. Barnett asked that the Council approve the request. Councilman Kenna asked if the Staff and the City Engineer were satisfied with the answers provided in the February 7, 1984 letter. Mr. Albin stated he had not seen the letter, but had spoken with Mr. Barnett about stopping site distance at the intersection of Fox Hollow and Chapman. Mr. Albin stated that Mr. Barnett had done some calculations and felt he could meet the criteria. Councilman Kenna asked if everything else was satisfactory. Mr. Albin stated yes. Mayor Pro Tem Ramsey asked the Staff and Engineer if all requirements had been met. Mr. Riddle stated yes. Councilman Davis stated that the City Engineer had stated that the Consulting Engineer had agreed that a 1~ foot cut would help, did that mean they were going to do that. Mr. Line stated it was not planned. February 13, 1984 Page 7 CONS IDERATION OF ORDINANCE FOR PZ 83-54. DENIED PLANNING & ZONING - PS 83-125, REQUEST OF WAYNE STEWART FOR FINAL PLAT OF BLOCKS 13 THRU 25, FOX HOLLOW ADDITION (LOCATED ON THE SOUTH SIDE OF CHAPMAN ROAD, BOUNDED ON THE WEST BY RICHFIELD PARK) APPROVED February 13, 1984 Page 8 Mr. Albin stated they were going to meet the existing street grade on Chapman. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to approve PS 83-125. Motion carried 6-1; Councilmen Kenna, Newman, Hubbard Fisher, and Mayor Pro Tem Ramsey and Councilwoman Hinkle for; Councilman Davis voting against. *12. PLANNING & ZONING - PS 84-1, REQUEST OF B & M DEVELOPMENT COMPANY FOR FINAL PLAT OF KINGSWOOD ESTATES, SECTION 3, (LOCATED NORTH OF STARNES ROAD AND BOUNDED ON THE EAST BY EXISTING KINGSWOOD ESTATES) APPROVED *13. PLANNING & ZONING - PS 84-2, REQUEST OF JACK COOK FOR FINAL PLAT OF LOTS 5 & 6, BLOCK 1, MOLLIE B. COLLINS ADDITION (LOCATED ON THE NORTH SIDE OF ODELL STREET AND WEST OF SMITHFIELD ROAD) APPROVED *14. PLANNING & ZONING - PS 84-9, REQUEST OF DAVID BARFIELD FOR FINAL PLAT OF LOT 3, BLOCK 1, MARTIN ADDITION (LOCATED ON THE WEST S IDE OF PRECINCT LINE ROAD, BETWEEN AMUNDSON ROAD AND MARTIN DRIVE) APPROVED *15. 16. Councilman Davis stated it was his understanding that on a replat of a single family residential lot there had to be a public hearing. Mr. McEntire asked if there was a public hearing at the Planning and Zoning Meeting. Councilman Davis stated yes. Mr. McEntire stated that was sufficient. Mrs. Dorothy Bulter appeared before the Council. Mrs. Bulter stated that at one time this was one lot and they wanted to make it back into one lot for future development. Councilman Fisher moved, seconded by Councilman Davis, to approve PS 84-11. Motion carried 7-0. *17. February 13, 1984 Page 9 PLANNING & ZONING - PS 84-10, REQUEST OF YMCA & MUHSEN SHABOUT FOR REPLAT OF LOTS 2R, 3R & 4R, BLOCK 11, EMERALD HILLS ADDITION (LOCATED ON THE EAST SIDE OF DAVIS BOULEVARD AT LYNDA LANE) APPROVED PLANNING & ZONING - PS 84-11, REQUEST OF B & B DEVELOPMENT COMPANY FOR REPLAT OF LOT 3R, BLOCK F, RICHLAND OAKS ADDITION (LOCATED ON THE WEST SIDE OF STRUMMER DRIVE, APPROXIMATELY 288 FEET SOUTH OF GRAPEVINE HIGHWAY) APPROVED PLANNING & ZONING - PS 84-12, REQUEST OF M-W DEVELOPMENT COMPANY FOR REPLAT OF LOTS 3R THRU 14R, BLOCK 24A, RICHLAND TERRACE ADDITION (LOCATED AT THE SOUTHWEST CORNER OF MAPLEWOOD AVENUE AND CLOYCE DRIVE) APPROVED *18. *19. 20. Mayor Pro Tem Ramsey moved, seconded by Councilman Davis, to deny the variance. Mr. Noel Yarger, North American Signs asked to speak. Mayor Faram advised him that this was not a public hearing, but if the Council had no objections he would let him speak. Mr. Yarger stated that his company represented Wolf Nursery in asking for the variance. Mr. Yarger stated the sign he wanted to put up was a sign that was a total of 210 square feet. Mr. Yarger stated that one reason he wanted to appear before the Council was because of the freedom of speech amendment of the Constitution. Mr. Yarger stated that the amendment pertained to the fact that if the speech was commercial did not eliminate it from the protection of the First Amendment. Mr. Yarger stated he understood the need for sign codes and signs were very important to businesses. Motion to deny carried 7-0. February 13, 1984 Page 10 PLANNING & ZONING - PS 84-13, REQUEST OF U-TEX DEVELOPMENT COMPANY FOR REPLAT OF LOTS 1R-1 & 1R-2, BLOCK 6, INDUSTRIAL PARK ADDITION (LOCATED ON THE SOUTH S IDE OF BROWNING DRIVE, APPROXIMATELY 184 FEET WEST OF RUFE SNOW DRIVE) APPROVED PLANNING & ZONING - PS 84-15, REQUEST OF SERVICE CENTERS OF AMERICA FOR REPLAT OF LOTS 1R THRU 4R, BLOCK 5, INDUSTRIAL PARK ADDITION (LOCATED AT THE NORTHWEST CORNER OF RUFE SNOW DRIVE AND INDUSTRIAL PARK DRIVE) APPROVED CONSIDERATION OF NORTH AMERICAN SIGNS REQUEST FOR VARIANCE FROM THE SIGN ORDINANCE DENIED February 13, 1984 Page 11 *21. CONS IDERATION OF CHANGE TO CAPITAL IMPROVEMENTS PROGRAM APPROVED *22. CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 722, SPEED ZONE ORDINANCE, ESTABLISHING SPEED ZONE ON A PORTION OF RUFE SNOW DRIVE APPROVED *23. CONS IDERATION OF PARTIAL PAYMENT, ESTIMATE #2, IN THE AMOUNT OF $145,370.16 TO STEELE-FREEMAN - NORTHFIELD PARK PROJECT APPROVED *24. CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE 115, AND CHANGE ORDER #2, IN THE AMOUNT OF $54,064.61 TO M.A. VINSON CONSTRUCTION COMPANY - WALKER'S BRANCH DRAINAGE IMPROVEMENTS APPROVED *25. CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #11, IN THE AMOUNT OF $66,765.00 TO UNIVERSAL TANK & IRON WORKS INCORPORATED - ELEVATED STORAGE TANK APPROVED *26. CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #3, IN THE AMOUNT OF $5,974.69 TO M&D CONSTRUCTION COMPANY - MORGAN MEADOWS WEST DRAINAGE IMPROVEMENTS APPROVED *27. *28. *29. *30. 31. Mayor Faram advised the Council that on page two of the Resolution the name Mrs. Aline Parker should be inserted as Judge and Mrs. Rolan Storkey as Alternate Judge. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve Resolution No. 84-6. Motion carried 7-0. 32. Mrs. Sherry Arnold, 6821 Linma Lane, appeared before the Council. Mrs. Arnold stated the neighbors had some problems with Walker Construction Company and would appreciate the Council's consideration. Mrs. Arnold stated that in the Code of Ordinance it stated: February 13, 1984 Page 12 CONSIDERATION OF BIDS FOR TRACTOR AND MOWER - PUBLIC WORKS DEPARTMENT APPROVED CONSIDERATION OF BIDS FOR CONN DRIVE AND WATAUGA ROAD PUMP STATION APPROVED CONS IDERATION OF RATIFICATION OF RESOLUTION NO. 84-4, GLENVIEW DRIVE (ADDED AS AN EMERGENCY ITEM TO THE JANUARY 23, 1984 COUNCIL AGENDA) APPROVED CONSIDERATION OF RATIFICATION OF RESOLUTION NO. 84-5, EMINENT DOMAIN - ENGLER PROPERTY (ADDED AS AN EMERGENCY ITEM TO THE JANUARY 23, 1984 COUNCIL AGENDA) APPROVED CONSIDERATION OF RESOLUTION CALLING AN ELECTION FOR APRIL 7, 1984, FOR THE ELECTION OF A MAYOR AND COUNCIL PLACE 2, 4, 6 AND APPOINTING AN ELECTION JUDGE. APPROVED RESOLUTION NO. 84-6 CITIZEN PRESENTATION RE: WALKER CONSTRUC- TION COMPANY'S OPERATION - MRS. BETTY BECK - 3801 SCRUGGS DRIVE February 13, 1984 Page 13 Section 2-62; Consideration of zoning matters - The City Council shall consider matters referred by the Planning and Zoning Committee only after the following steps have been taken: All Property owners within 200 feet of the property to be rezoned shall be notified in writing, by depositing such notice, properly addressed and posted, in the U.S. Mail at least ten days prior to the planning and zoning hearing, stating the time and place of such hearing. Mrs. Arnold stated the notice was placed in the Mid Cities News and was told it was not feasible to notify everyone of the proposed changes because of the massive changes. Mrs. Arnold stated the City of Richland Hills was in the process of the same type of city-wide changes and was planning a mass mailing to notify their residents. Mrs. Arnold read the following: Charter of City of North Richland Hills, Article VI, Section 6; City Attorney "He shall approve the legality of every ordinance before it is acted upon by the Council." Mrs. Arnold stated her question was that if he knew we were not notified was it a legal matter that was acted on. Mr. McEntire stated what the City passed was a new Zoning Ordinance and simply followed the State Statues. Mrs. Arnold stated that in the Charter, Article XVIII, Section 17, it stated: The City of North Richland Hills shall have the power to prohibit the erection or construction of any building or structure of any kind within the City of North Richland Hills without a permit first having been issued by the City for the construction or erection of such building or structure, and may authorize a fee to be charged for such permit. Mrs. Arnold stated there was a suit brought against Walker Construction Company for not getting a permit. Mrs. Arnold stated the case had died because of the lack of prosecution. Mrs. Arnold stated she would appreciate the Council's consideration on this matter. Mr. McEntire advised Mrs. Arnold that the case was still pending and was set for April. Mrs. Arnold stated it was her understanding that Walker Construction had been rezoned under the new Zoning Ordinance to 1-2, which permitted the following: 17.2 Permitted uses .1 Manufacturing and assembling operations of commodities except Large steel structures. 17.3 General Conditions .1 District area requirements: (b) Minimum frontage: Every parcel of land within this district shall have at least fifty feet of frontage on a public street. 17.4 Special Conditions .1 At lease ten percent of the lot shall be maintained in permanent open landscaped area. All landscaping shall be properly maintained throughout the life of any use of the lot. 17.5 Environmental Standards .1 In this district normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 75 decibels A scale. Mrs. Arnold stated she wanted to know when she could expect the ordinance to be enforced against Walker Construction Company. Mayor Faram asked Mrs. Arnold if she was reading from North Richland Hills Ordinances. Mrs. Arnold replied yes. Mayor Faram asked Mr. McEntire if he concurred. Mr. McEntire asked Mrs. Arnold if she was talking about the new Zoning Ordinance. Mrs. Arnold replied yes. Mr. McEntire stated he would have to amend the City's plea. Mrs. Patricia Pettet, 3736 Kris, North Richland Hills, appeared before the Council. Mrs. Pettet stated she would like to thank the City Council for spraying for mosquitos last summer. Mrs. Pettet stated she would like to know when the drainage job between Kris and Charles would be finished. Mr. Albin stated it should be completed in less than a month. Mrs. Pettet stated she was still having cat problems and wanted to know what she could do. Mayor Faram asked Mrs. Pettet if she had discussed the problem with the Animal Control Officer. February 13, 1984 Page 14 Mrs. Pettet stated yes and was advised nothing could be done about it, there was no cat ordinance. Mayor Faram asked Mrs. Pettet if she had talked with the Animal Control Officer recently. Mrs. Pettet stated no. Mr. Line advised that the new Animal Control Ordinance became effective October 1, 1983 and did cover cats. Mrs. Pettet asked if she could put out cat traps. Mr. Line stated the Animal Control Officer had traps available and if she would call she could pick one up. 33. Mr. Line advised the Council that the new Civil Defense Sirens would be tested during the week of February 13th at the follow- ing locations: 1) Dawn Drive and Chartwell; 2) Rufe Snow and Loop 820; 3) Ken Michael Drive and Deville Drive; 4) Emerald Hills Way and Newman Drive; 5) Buckingham Drive and Watauga Road; 6) Martin Drive and Simmons Drive; 7) Davis Blvd. and Park Drive and 8) Douglas Lane and Starnes Road. Mr. Line stated every effort had been made to inform the citizens and he wanted to inform the Council in case they received calls from citizens that were not aware of the testing. 34. Mayor Faram adjourned the meeting of February 13, 198 Mayor ATTEST: /! / l. '~&Þ~Z;?J;_j m ~ Cit;ý Secretary ?' February 13, 1984 Page 15 PRESENTATION BY CITY MANAGER - TESTING OF CIVIL DEFENSE SIRENS ADJOURNMENT