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HomeMy WebLinkAboutCC 1984-02-27 Minutes Present: Absent: ITEM DISCUSSION OF FLORY STREET PROJECT AND ASSESSMENTS NOTES ON PRE-COUNCIL MEETING FEBRUARY 27, 1984 Marie Hinkle Jim Ramsey Richard Davis Jim Kenna Dick Fisher J.C. Hubbard Rodger Line Dennis Horvath Gene Riddle Mike McEntire Richard Albin Dick Faram Harold Newman DISCUSSION Councilwoman Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager Assistant City Manager Public Works Director Acting City Attorney City Engineer Mayor Councilman Rodger Line briefed the Council on the anticipated difficulty on completing the Flory Street Project. There are 34 parcels of property that will require right-of-way acquisition. Some businesses currently located on Flory are now using part of the City right-of-way for head-in parking. Other businesses and individuals will oppose the assessment for the street improvement. If we are able to obtain all the right-of-way, the street should be built to ASSIGNMENT Richard Albin and Gene Riddle - Please proceed with preparation for benefit hearing. standard specifications with normal curb and guttering, without lay-down curbs. CALLOWAY ACRES Gene Riddle stated that he has some covenants on file from various businesses and churches that must rolls are finalized. coordinate with Richard Albin before the assessment Richard Albin and Gene Riddle - Reduce assessments on church property to residential rate. ITEM DISCUSSION OF 1984 CAPITAL IMPROVEMENT PROGRAM 2/27 Pre-Council Page Two DISCUSSION ASSIGNMENT Rodger Line then briefed the Council that Raymond Soloski has been hired to obtain the necessary right-of-ways. After a lengthy discussion it was decided that church property be assessed at the residential rate. The benefit hearing date for Flory Street was established for April 9, 1984 and for the Calloway Acres project for April 23, 1984. The Staff must have the assessment roll prepared and the property owners notified prior to that time. Rodger Line briefed the Council on the status of CIP funds and projects. It was decided the Mickey and Center Street Projects would continue to be on hold and that the Lynn Terrace Project would be included in the CIP. Mayor Pro Tem Ramsey then indicated it was the Dennis - Please follow up with Gene and Richard. CIP Committee Meeting in week of 3/5/84 CIP Committee's recommendation that we go ahead with Harwood and Glenview projects. He then indicated the streets from the prior bond program would be resurfaced and which ones should be reconstructed. The Staff was directed to provide new cost estimates and check the feasibility of resurfacing versus reconstructing on the streets indicated. 2/27 Pre-Council Page Three ITEM DISCUSSION ASSIGNMENT Jim Kenna suggested that the Glenview Project (Rufe Snow to Dawn) be put on the back burner until major development has been completed along Glenview. DISCUSSION OF CABLE TV The general consensus of the Council was that the NAN new Weather Channel was excellent. DISCUSSION OF Rodger Line briefed the Council on the new handi- REVENUE SHARING HANDICAPPED capped regulations and the possibility that we may REGULATIONS Dennis - Follow up have to make structural modifications to our Public buildings. OTHER ITEMS Mayor Pro Tem Ramsey announced that the League of Women Voters would conduct a candidates forum - Jeanette - Reserve Council Chamber to be conducted March 29th, 1984. Jim Kenna commented on the necessity to enforce NAN the high grass ordinance at this particular time of the year. The Staff indicated this was due to the high grass fire incidents. Mayor Pro Tem Ramsey and Councilman Kenna questioned Gene - Follow up the new provisions of the new Zoning Ordinance that required motor homes and boats to be parked on paved parking. The result of this ordinance has been that the motor homes and boats are parked in the driveways and cars are parked in the streets, which was not the intent of the ordinance. Planning and Zoning will look into the matter. 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 27, 1984 - 7:30 P.M. 1. Mayor Pro Tem Ramsey called the meeting to order February 27, 1984, at 7:30 p.m. 2. Present: Jim Ramsey Richard Davis Dick Fisher Marie Hinkle J.C. Hubbard Jim Kenna Staff: Rodger N. Line Dennis Horvath Ginny Pierce Mike McEntire Richard Albin Gene Riddle Lou Spiegel John Whitney Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman City Manager Assistant City Manager Acting City Secretary Acting City Attorney City Engineer Director Public Works- Utility Finance Director Purchasing Agent Planning & Zoning Commission: Marjorie Nash Press: Mark England Catherine Woodard David Doremus Absent: Dick Faram Harold Newman Jeanette Moore Rex McEntire 3. Mid Cities Daily News Fort Worth Star Telegram Northeast Chronicle Mayor Councilman City Secretary City Attorney The invocation was given by Councilman Davis. 4. Councilman Kenna moved, seconded by Councilman Fisher, to to approve the minutes of the February 6, 1984 emergency meeting. Motion carried 5-0. 5. Councilwoman Hinkle moved, seconded by Councilman Kenna, to approve the minutes of the February 13, 1984 meeting. Motion carried 5-0. CALL TO ORDER ROLL CALL INVOCATION CONSIDERATION OF MINUTES OF THE EMERGENCY MEETING FEBRUARY 6, 1984 APPROVED CONSIDERATION OF MINUTES OF THE REGULAR MEETING FEBRUARY 13, 1984 APPROVED 6. Councilman Davis removed item #38 from the Consent Agenda. 7. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve the Consent Agenda. Motion carried 5-0. 8. Mayor Pro Tem Ramsey stated that Mayor Faram would like to appoint Mr. Lyle Welch to the Civil Service Commission. Councilman Kenna moved, seconded by Councilman Fisher to approve Mr. Lyle Welch to the Civil Service Commission. Motion carried 5-0. *9. 10. Mayor Pro Tem Ramsey opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. John Cook, 4901 Pebble Court, appeared before the Council. Mr. Cook stated that he was the owner of this tract of land and he would like to ask the Council to grant this zoning. Councilman Davis stated that it should be recorded that the Council did receive a letter of opposition from Mr. Charles Mangham. Mayor Pro Tem Ramsey called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak, Mayor Pro Tem Ramsey closed the public hearing. February 27, 1984 Page 2 CONSIDERATION OF REMOVING ITEM (S) FROM THE CONSENT AGENDA CONSIDERATION OF to CONSENT AGENDA ITEM (S) INDICATED BY ASTERISK (#9, 14, 25, 33, 34, 35 36, & 39) APPROVED CONSIDERATION OF APPOINTMENTS TO BOARDS AND COMMISSIONS APPROVED PLANNING AND ZONING - PS 83-128, RECONSIDERATION OF REQUEST OF MARTIN DEVELOPMENT FOR FINAL PLAT OF LOT 18, BLOCK 1, MEADOW RIDGE ESTATES, PHASE 2 (LOCATED ON THE WEST SIDE OF RUFE SNOW DRIVE ACROSS FROM NORTH RICHLAND JUNIOR HIGH SCHOOL) APPROVED PLANNING & ZONING - PUBLIC HEARING - PZ 84-2, REQUEST OF JOHN COOK TO REZONE TRACT 2A, L. C. WALKER SURVEY, ABSTRACT 1652, FROM AGRICULTURE AND INDUSTRIAL TO R-3-SINGLE FAMILY (LOCATED ON THE SOUTH SIDE OF CARDINAL LANE, BOUNDED ON THE WEST BY SUNNY MEADOWS ADDITION AND ON THE EAST BY MANGHAM AIRPORT) 11. Councilman Fisher moved, seconded by Councilman Hubbard to approve Ordinance No. 1090. Motion carried 5-0. 12. Mayor Pro Tem Ramsey opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Ms. Marsha Hill, tenant of the property, appeared before the Council. Ms. Hill stated that she was requesting that the plat be zoned commercial so that she could put in an accelerated learning center. Ms. Hill stated that she had a set of plans if anyone would like to see them. Councilman Kenna asked Ms. Hill if she had a learning center there now. Ms. Hill stated yes. Councilman Kenna asked if she wanted to expand the present learning center. Ms. Hill stated that she did. Mayor Pro Tem Ramsey called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak Mayor Pro Tem Ramsey closed the public hearing. 13. Councilwoman Hinkle moved, seconded by Councilman Kenna to approve Ordinance No. 1091. Motion carried 5-0. *14. February 27, 1984 Page 3 CONSIDERATION OF ORDINANCE FOR PZ 84-2 ORDINANCE NO. 1090 APPROVED PLANNING & ZONING - PUBLIC HEARING - PZ 84-3, REQUEST OF CARL POWELL TO REZONE TRACTS 10 & lOB, J.C. McCOMAS SURVEY, ABSTRACT 1040, FROM AGRICULTURE - SPECIFIC USE TO C-1-COMMERCIAL (LOCATED AT THE SOUTHWEST CORNER OF SMITH FIELD ROAD AND CHAPMAN) CONSIDERATION OF ORDINANCE FOR PZ 84-3 ORDINANCE NO. 1091 APPROVED PLANNING & ZONING - PS 84-3, REQUEST OF CARL POWELL FOR SHORT FORM PLAT OF LOT 1, BLOCK 26, FOX HOLLOW ADDITION (LOCATED AT THE SOUTHWEST CORNER OF SMITHFIELD ROAD AND CHAPMAN ROAD) APPROVED 15. Mayor Pro Tem Ramsey opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Marvin Smith, 7609 Douglas Lane, appeared before the Council. Mr. Smith stated that he was buying this property from his father, Lucian Smith, for development. Mr. Smith stated that he had platted 7 lots on Cimarron Drive on the east side of the street and this basically would be the same type of zoning as was presently in the area. Mr. Smith stated the only difference would be in block 4. The corner lot would have a duplex, as it would adjoin duplexes. Mr. Smith stated that they would require a garage instead of a carport. Mayor Pro Tem Ramsey called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak Mayor Pro Tem Ramsey closed the public hearing. 16. Councilman Kenna moved, seconded by Councilwoman Hinkle to approve Ordinance No. 1092. Motion carried 5-0. 17. Mayor Pro Tem Ramsey opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Marvin Smith, 7609 Douglas Lane, appeared before the Council. Mr. Smith stated that he was developing this property for his father, Lucian Smith. Mr. Smith stated that they were requesting a duplex be put on the corner lot, as there were duplexes to the west of this lot. Mr. Smith re-stated that a garage would be required instead of a carport. Councilman Davis asked if this zoning was approved, would there be any problem in requiring a stipulation that a covered garage be a part of that zoning. Mr. Smith stated that he would not be opposed, however he would rather hold it to a one car garage to prevent difficulty in finding a plan that would fit that lot. Mayor Pro Tem Ramsey called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Pro Tem Ramsey closed the public hearing. February 27, 1984 Page 4 PLANNING & ZONING - PUBLIC HEARING - PZ 84-4, REQUEST OF LUCIAN SMITH TO REZONE A PORTION OF TRACT 2, JOHN CONDRA SURVEY, ABSTRACT 311, FROM AGRICULTURE TO R-2-SINGLE FAMILY (LOCATED ON THE SOUTH SIDE OF DOUGLAS LANE, BOUNDED ON THE WEST BY MAROAKS ADDITION AND ON THE SOUTH BY WINDCREST ADDITION) CONSIDERATION OF ORDINANCE FOR PZ 84-4 ORDINANCE NO. 1092 APPROVED PLANNING & ZONING - PUBLIC HEARING - PZ 84-5, REQUEST OF LUCIAN SMITH TO REZONE A PORTION OF TRACT 2, JOHN CONDRA SURVEY, ABSTRACT 311, FROM AGRICULTURE TO R-D-5-DUPLEX (LOCATED ON THE SOUTH SIDE OF DOUGLAS LANE, BOUNDED ON THE WEST BY MAROAKS ADDITION, AND ON THE SOUTH BY WINDREST ADDITION) 18. Councilman Davis moved, seconded by Councilman Kenna to approve Ordinance No. 1093 with the stipulation that at least a one car garage be on that plat. Councilman Davis stated that he felt that the future homeowners in that area needed to be protected and Mr. Smith was not in opposition to this. Motion carried 5-0. 19. Mayor Pro Tem Ramsey opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Bob Price, 1713 Chisolm Lane, Euless, appeared before the Council. Mr. Price stated that he was an engineer for the firm of Teague NaIl & Perkins, which was the firm representing Mr. Bill Flories. Mr. Price stated that the current zoning of the property was Agricultural and the request was to change to C-1. Mr. Price stated that the property boards Smithfield Elementary on the west and the present development plans were to build a retail shopping center with an anchor store and smaller perimeter shops. Mr. Price stated that no development plans had been conceived at the present time. Mayor Pro Tem Ramsey called for anyone wishing to speak in opposition to the request to please come forward. There being no one wishing to speak, Mayor Pro Tem Ramsey closed the public hearing. 20. Councilman Fisher moved, seconded by Councilman Davis to approve Ordinance No. 1094. Motion carried 5-0. 21. Mayor Pro Tem Ramsey opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Emory Bellard, Jr., 968 Simpson Terrace, Bedford, appeared before the Council. Mr. Bellard stated that this request was a positive and compatible addition to the area. Councilman Kenna asked what the side yards would have - a fence or just a 20 foot yard, and what was planned for the yard that faced Glenview. Mr. Bellard stated that there were no specific plans at this time. Councilman Davis asked how many lots were on this tract of land. February 27, 1984 Page 5 CONSIDERATION OF ORDINANCE FOR PZ 84-5. ORDINANCE NO. 109Z APPROVED PLANNING & ZONING - PUBLIC HEARING - PZ 84-7, REQUEST OF BILL FLORIES TO REZONE TRACTS 1B & 3B, J.M. CROCKETT SURVEY, ABSTRACT 273, FROM AGRICULTURE TO C-1-COMMERCIAL (LOCATED ON THE WEST SIDE OF DAVIS BOULEVARD AND BOUNDED ON THE WEST BY SMITHFIELD ELEMENTARY SCHOOL) CONS IDERATION OF ORDINANCE FOR PZ 84-7 ORDINANCE NO. 1094 APPROVED PLANNING & ZONING - PUBLIC HEARING - PZ 84-8, REQUEST OF EMORY BELLARD TO REZONE TRACTS 2B5, 2C1, 2C2 & 2C4, M. LYNCH SURVEY, ABSTRACT 953, FROM 1F-7 TO R4-SD-SEPARATE OWNERSHIP DUPLEXES (LOCATED ON THE SOUTH SIDE OF GLENVIEW DRIVE AND APPROXIMATELY 120 FEET WEST OF JACKIE LEE STREET) Mr. Bellard stated there were 29 duplexes or 58 townhouse lots. Mayor Pro Tem Ramsey called for anyone wishing to speak in opposition to please come forward. There being no one else wishing to speak, Mayor Pro Tem Ramsey closed the public hearing. 22. Councilman Kenna moved, seconded by Councilwoman Hinkle to approve Ordinance No. 1095. Councilman Davis stated that as he recalled this piece of property came up for a zoning change to commercial before and it was denied. Councilman Davis stated that it would be better suited for commercial and asked the chair to ask the applicant why it was previously denied. Mayor Pro Tem Ramsey stated that it was not pertinent and that the applicant had come forward in good faith. Motion carried 5-0. 23. Mayor Pro Tem Ramsey opened the public hearing and called for anyone wishing to speak on this to please come forward. Mr. Charles Rutledge, 6409 Sunny brook, appeared before the Council. Mr. Rutledge stated that he was asking for commercial on this property. That the property to the north was zoned commercial, to the west multi-family, and residential behind. Mr. Rutledge stated that he thought the commercial building would fit in well. Mr. Rutledge stated that it would be a brick building. Councilman Kenna asked what type of business was planned. Mr. Rutledge stated that it would be five office buildings, most of which would have inside storage. Councilman Davis stated that the Planning and Zoning minutes stated that he was going to tear down the two small houses that were presently on the property and he wanted it recorded that this would definitely be an improvement. Mr. Rutledge stated that the two houses would be removed. Mayor Pro Tem Ramsey called for anyone wishing to speak in opposition to please come forward. There being no one else wishing to speak, Mayor Pro Tem Ramsey closed the public hearing. February 27, 1984 Page 6 CONSIDERATION OF ORDINANCE FOR PZ 84-8 ORDINANCE NO. 1095 PLANNING & ZONING - PUBLIC HEARING PZ 84-9, REQUEST OF CHARLES D. RUTLEDGE TO REZONE TRACT 12C, S. RICHARDSON SURVEY, ABSTRACT 1266, FROM AGRICULTURE TO C-2-COMMERCIAL (LOCATED AT THE NORTHEAST CORNER OF DAVIS BOULEVARD AND RUMFIELD ROAD) 24. Councilman Hubbard moved, seconded by Councilman Kenna to approve Ordinance No. 1096. Motion carried 5-0. *25. 26. Mayor Pro Tem Ramsey opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Charles W. Evans, attorney, 729 Bedford Euless Rd., Hurst, appeared before the Council. Mr. Evans stated that he representing Mid City Pizza Corporation and they were asking that a special use permit be granted for the sale of alcoholic beverages. Mayor Pro Tem Ramsey asked if Mr. Dan Cole was the name that would be on the permit. Mr. Evans stated that was correct. Mayor Pro Tem Ramsey called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak, Mayor Pro Tem Ramsey closed the public hearing. 27. Councilman Hubbard moved, seconded by Councilman Davis, to approve Ordinance No. 1097. Motion carried 5-0. 28. Mr. Charles Evans, 729 Bedford Euless Road, representing Mr. Bud Austin, appeared before the Council. Mr. Evans stated that a problem arose in complying with the City Engineer's Comments to receive letters from all the down-stream property owners, as far as water was concerned, regarding the property that Mr. Austin was developing. Mr. Evans stated that there were three letters required, and that Mr. Austin had received one. Mr. Evans stated that one of the other property owners was Mr. Roy Davis, an February 27, 1984 Page 7 CONS IDERATION OF ORDINANCE FOR PZ 84-9 ORDINANCE NO. 1096 APPROVED PLANNING & ZONING - PS 84-5, REQUEST OF CHARLES D. RUTLEDGE FOR SHORT FORM PLAT OF LOT 2, BLOCK 13, MEADOWVIEW ESTATES (LOCATED AT THE NORTHEAST CORNER OF DAVIS BOULEVARD AND RUMFIELD ROAD) APPROVED PLANNING & ZONING - PUBLIC HEARING - PZ 84-10, REQUEST OF MID CITY PIZZA CORPORATION TO REZONE LOT 1, BLOCK 10, SNOW HEIGHTS NORTH ADDITION FROM C-1-COMMERCIAL TO C-1-SPECIFIC USE SALE OF ALCOHOLIC BEVERAGES (LOCATED AT THE NORTHEAST CORNER OF RUFE SNOW DRIVE AND MEADOW CREST DRIVE) CONS IDERATION OF ORDINANCE FOR PZ 84-10 CONSIDERATION OF REQUEST FOR WAIVER OF ENGINEERS' COMMENTS CONCERNING KINGSWOOD ESTATES PHASE III attorney who owned 12 acres to the west, and they were very close to reaching an agreement with him. Mr. Evans stated that they were going to have to build a fence, put in a water- line, clean up the property and build a pad for a barn, etc., but they were about to settle and should have an agreement shortly. Mr. Evans stated that the property which was presenting the greatest problem was a 72 acre tract which was directly to the west of this property. Mr. Evans stated that the property was owned by the Continental National Bank Trust Department. Mr. Evans stated that the Trust Depart- ment's Attorney, Mr. Walter Cook, and he had discussed the problem of receiving a letter. Mr. Evans stated that at the present time the problem was that they are in the process of selling the property and had it under contract of sale and did not want to give a letter of approval. Mr. Evans stated that the Bank did not want to go to the prospective owners as it would appear there was a problem. Mr. Evans stated that they could go one of two ways. Mr. Austin stood ready to give the City a hold harmless letter so that the City would not be responsible for any damages, or the City Council could waive one of the two letter requirements. Mr. Evans stated that Mr. Austin would like to get on with his development. He had a tremendous amount of money involved, his engineering was done, he had his interim money borrowed and would like to proceed with the development. Mr. Evans stated that Mr. Austin needed to get his plat filed. Mayor Pro Tem Ramsey asked if the main thing was to put in the water and sewer line. Mr. Evans stated that they wanted to get the water, sewer, streets and curbing in. Mayor Pro Tem Ramsey stated that the recommendation of the Staff was for them to submit a hold harmless letter to the City and allow them to proceed up to the point of putting in the water and sewer lines. Mr. Evans stated they would issue a hold harmless letter and bring the two letters in as soon as possible. Mr. Line stated that the letters should be given to the Public Works Director. However, just so there was no misunderstanding, this would allow them to go ahead with the water and sewer improvement, but not the street and drainage improvements. Mr. Line stated that putting in the street and drainage improvements would divert the water onto the property before obtaining a letter stating that it was alright with the property owner. Mr. Line stated that he didn't feel there was anyway Mr. Evans or his client could indemnify the City against possible law suits that might occur if water is diverted from this property onto someone February 27, 1984 Page 8 else's property without consent. Mr. Line stated his understanding was that the hold harless letter would protect the City from any action in the future from his client. Mr. Line stated that if they permitted them to go ahead with the water and sewer and for some reason they didn't get the letter they would be able to put the water on to someone else's property. Mr. Line asked if this was correct. Mr. Evans stated that they were prepared to hold the City harmless from any damages that may occur in the future from that property owner. Mr. Evans stated that he didn't know how long it would take for a contract of sale to go through. Walter Cook had indicated it would take approximately 90 days. Mr. Doug Long, Consulting Engineer, 1615 Precinct Line Road, Hurst, appeared before the Council. Mr. Long stated that he was requested by Mr. Evans to generate facts about the number of acres that were involved, regarding the discharging of water. Mr. Long stated that on the one piece of property, where the 12 acres was involved, they were dumping approximately 4 acres of drainage into that area, that it would take a ditch six inches deep and thirty feet wide, so there was not a major water discharge concentration. Mr. Long stated that on the other property, the CNB Trust Department, that there was approximately 3.8 acres and it also could take the same type of ditch, that there would be approximately the same water that was going onto the property. Mr. Long stated that if Mr. Austin could only put in the water and sewer, that would not be accomplishing anything because that only takes 30-45 days. Mr. Long stated that Mr. Austin would need to cut his streets first before putting in the water and sewer. Mr. Long stated that he, Mr. Evans and his client would like to state that they didn't feel that the water would create any damage. Councilman Davis asked how many lots were in this sub- division. Mr. Long stated 97. Councilman Davis stated that they had received one letter and were close to receiving another. Would it be agreeable that his client only rough-cut the street within 100 feet of their property line to prevent dumping any water? Councilman Davis stated this would allow them to go ahead with their water and sewer, give them approximately 45 days and then if additional time was needed they could come before the Council again in 60 days. Councilman Davis stated that, even though it was in good faith, he had some concern. February 27, 1984 Page 9 Mr. Evans stated that he and his client would be happy to cut the street within 100 feet of the other property line. Councilman Kenna asked if there were any houses on the 72 acres that anyone was concerned about. Mr. Evans stated that there was one house on the 72 acres, on the opposite end of the property, that was being sold for development property and they want to meet with their street and go on. Mr. Evans stated they could cut the street to grade and there would not be as much water discharged. However, this would not be best thing for the down-stream property owners because they would have to match the street. Mayor Pro Tem Ramsey asked Mike McEntire if the hold harm- less letter would protect the City. Mr. McEntire stated that if Mr. Evans would put in enough stipulations it would probably suffice. Councilman Davis moved, seconded by Councilman Kenna, to approve the request with the stipulation the developer be allowed to cut all the streets, except the two in question and cut only half of those, to construct all the water and sewer lines within the subdivision and if at that point and time they did not have permission from the downstream owner, come back before the Council with the reason permission was denied, determine what action could be taken and submit the hold harmless letter to the City before any construction began. Motion carried 5-0. 29. Mr. Clyde Womack, and Mr. Jake Murrah, Peat, Marwick, Mitchell and Co., appeared before the Council. Mr. Womack stated that they were here to formally present the results of the 1982-83 Annual Audit. Mr. Womack stated that from a stand point of the City Council and City Management, the important thing, as far as the accounting reports were concerned, was what the CPA's referred to as a clean opinion of the Standard Accountant's Report. Mr. Womack stated that they did not have any qualifications or exceptions. Mr. Womack stated that the Comprehensive Annual Financial Report for this year was something the Council could be proud of, as the goal of the City was to obtain the certificate of conformance from the Municipal Finance Officers Association and they believed this report has all the qualifications and should receive this certificate. Mr. Womack stated in receiving this certificate the City would be one of just a few cities in the United States that had this excellence in reporting. Mr. Womack stated that the February 27, 1984 Page 10 PRESENTATION OF 1982-83 COMPREHENSIVE ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER APPROVED City's Finance Department worked very hard to put together a lot of these numbers and the Council could see that there is a lot of expanded financial schedules. Mr. Womack stated the City worked, strived and had continued to improve the internal controls and accounting procedures the past year. Councilman Davis asked if the majority of the recommendation that were made last year had been addressed. Mr. Womack stated that if the Council would compare the amount of comments this year versus last year they would be able to see that the number of recommendations had been reduced. Mr. Womack stated that there was always things that could be improved, but the City was doing all that they could with the personnel they have, to try to continue to improve the controls, and some of the comments they had come up with were from more of an ideal standpoint. The City management would have to determine what is practical. Councilman Fisher asked what the excellence in reporting actually meant. Mr. Womack stated that the procedure was to apply with the Municipal Finance Officers Association and to send five copies of the report to them and it would go through a review procedure. Mr. Womack stated this meant that the organization's goal has been to improve and strives to have the upmost reporting of city government and municipalities and therefore any outsider (bonding rating companies, etc.) would look at this report and see that according to the standards set by the governmental body it was at the top of its class. Mr. Womack stated that it was something to be truly proud of. According to the number of cities in the United States there are not very many that have this. Mayor Pro Tem Ramsey thanked Mr. Womack and Mr. Murrah. Councilman Davis moved, seconded by Councilwoman Hinkle, to approve the report from Peat, Marwick, Mitchell and Co. Councilman Davis stated that he would like to thank the Finance Director, on behalf of the Council, for doing an outstanding job and stated that it was professionally done and she should be commended. 30. Councilman Kenna moved, seconded by Councilman Davis to postpone this item until the next regular City Council Meeting. Motion carried 5-0. February 27, 1984 Page 11 CONSIDERATION OF 1984 CAPITAL IMPROVEMENT PROGRAM 31. Mr. Line stated that Flory Street was badly in need of improvement and the Staff's recommendation was to seek authorization to proceed with the administrative work prior to the improvement being done. Mr. Line stated that it was specifically recommended that a benefit hearing date be set for April 9th, and the Staff be authorized to send out the assessment paving notices prior to the benefit hearing. Councilman Kenna moved, seconded by Councilman Davis, to authorize the Staff to prepare for a public hearing date of April 9th, 1984. Motion carried 5-0. 32. Mr. Line stated this was a proposed paving of three streets that are badly in need of improvement Parchman, Scruggs, and Cross Streets in the Calloway Acres Addition at an estimated cost of six hundred thousand dollars. Mr. Line stated that the Staff was requesting authority to proceed with preparations for the benefit hearing, which was proposed to be established for April 23, 1984. Councilman Kenna moved, seconded by Councilwoman Hinkle, to authorize the Staff to prepare for a benefit hearing date of April 23, 1984. Councilman Davis moved, seconded by Council Hubbard to amended the motion to include the transfer of $145,500 from unspecified projects to the Calloway Acres. Motion carried 5-0. *33. *34. February 27, 1984 Page 12 CONSIDERATION OF FLORY STREET PAVING & DRAINAGE IMPROVEMENTS APPROVED - SET FOR APRIL 9, 1984 CONSIDERATION OF CALLOWAY ACRES STREET DRAINAGE IMPROVEMENTS APPROVED - SET APRIL 23, 1984 CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #12, FINAL, TO AUSTIN ROAD COMPANY IN THE AMOUNT OF $67,084.32 - SNOW HEIGHTS STREET AND DRAINAGE IMPROVEMENTS APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE 111, TO PANHANDLE CONSTRUCTION COMPANY IN THE AMOUNT OF $89,028.70 - DENTON HIGHWAY WATER SYSTEM EXTENSIONS APPROVED *35. *36. *37. 38. Mayor Pro Tem Ramsey stated that this ordinance corrected the Zoning Map on the tracts of land that were discussed in a Pre- Council Meeting before the last City Council Meeting. Several parcels of land that were previously zoned commercial needed to be changed from C-2 to C-1 in order to change the Zoning Map. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 1098. Councilman Davis ask for clarification of the change. Mr. Line stated that what was on the map was the closest possible zoning to the old commercial zoning. *39. 40. Ms. Diane Martin, 1808 Chattanooga, Bedford, appeared before the Council. Ms. Martin stated that she had appeared before the Planning and Zoning Meeting on Thursday regarding the ordinance that stated there was a ceiling on child care facilities of 75. Ms. Martin stated that she was concerned about what steps could be taken to have an amendment to this ordinance and was told to appear at this Council Meeting and speak with the City Attorney. Ms. Martin stated that apparently there was a stipulation as to whether or not they were a private school and an educational facility. Councilman Davis stated that he would like to clarify what Ms. Martin was saying because he had attended that meeting. Councilman Davis stated that the intention of the ordinance February 27, 1984 Page 13 CONSIDERATION OF BIDS FOR HOT MIX ASPHALT APPROVED CONSIDERATION OF BIDS FOR MOTOR FUELS APPROVED CONSIDERATION OF BIDS FOR ONE K.W. EMERGENCY GENERATOR APPROVED CONSIDERATION OF ORDINANCE CORRECTING THE ZONING MAP ORDINANCE NO. 1098 APPROVED CONS IDERATION OF ORDINANCE AUTHORIZING THE MICRO-FILMING OF VARIOUS CITY RECORDS ORDINANCE NO. 1099 APPROVED CITIZEN PRESENTATION when written was to limit the attendance to 75 students, because the majority of day care centers are located in residential areas, and trying to limit that number was to try to limit the traffic for those areas. Councilman Davis stated that Ms. Martin's property was located in a commercial area and this was not addressed in the Ordinance. Councilman Davis stated that there was concern about the classification of this center because they did not have benefit of legal counsel. They advised her to come before the Council for an interpretation. Councilman Davis stated that Mr. McEntire might want to check into their curriculum. Ms. Martin did want to buy the property and start building, but they weren't sure if she fit under private school and if not possibly go back in and amend the Ordinance so that if a day care facility is located in a commercial area then it might not need the ceiling of 75 students. Ms. Martin stated that was correct and asked what the next step would be to get an amendment to the ordinance. Mayor Pro Tem Ramsey stated that the next step would probably be to get Mr. Line to meet with Mr. McEntire and then see what options were available.' Councilman Kenna stated that if the ordinance was not broad enough with respect to a private school versus a day care center then that could be a subject for the Council to reopen that section of the Zoning Ordinance for study. Mayor Pro Tem Ramsey stated that if it did not fall within the present Zoning Ordinance then the Council would have to bring the Planning and Zoning Commission back into it to amend or change the ordinance. Councilman Davis stated that if the City Attorney felt Ms. Martin did fit under a private school, under the ordinance as written, then Ms. Martin would not have a problem. Councilman Davis suggested Ms. Martin meet with Mr. Line. Councilman Kenna asked Ms. Martin the number of children she proposed. Ms. Martin stated 120. Mr. Ernest Hedgcoth, Consultant Civil Engineer, appeared before the Council. Mr. Hedgcoth stated that he was present with Mr. Huggins, representing Gene Huggins Hondo Dealership, and that the Council graciously granted zoning. Mr. Hedgcoth stated that since that time Mr. Huggins had a little architectural change and wanted the Council to be aware of it. Mr. Hedgcoth stated that Mr. Soloman Peterson would show the new rendition. February 27, 1984 Page 14 Mr. Soloman Peterson, of Crown, Rich and Associates, Dallas, appeared before the Council. Mr. Peterson stated that this was basically a fairly minor change. The only change was in the character of the showroom. Mr. Peterson stated that they were upgrading the showroom and showed a rendition to the Council and explained the changes. Councilman Fisher stated he was concerned somewhat because the Council approved the concept and now was seeing something different and wondered how the neighbors would feel when they saw that building. Mr. Peterson stated that they were certainly willing to go back and talk to them and canvass the neighborhood. Mr. Peterson stated the reason they appeared tonight was to bring the issue before the Council and see what their comments were. Councilman Davis stated he agreed with Councilman Fisher and felt that the change in the roof made it look like a dealership and felt the Council was misled. Councilman Davis stated that it may not have made a difference in the way he voted but it was different than what they had seen at the last Council meeting. Councilman Davis stated that he was appreciative in their being open, but thought the homeowners would also want to know the changes. Mr. Peterson stated that they were not trying to mislead anyone and that was the reason for appearing tonight, to bring the issue up for conversation. Mayor Pro Tem Ramsey stated they had the zoning, that it was a moral commitment, and they would have to live within the ordinance. Mr. Peterson stated that they planned to live within the ordinance and the civic commitments that were made. Mayor Pro Tem Ramsey stated that he appreciated their coming before the Council and informing them of the changes. Councilman Fisher stated he agreed with Mayor Pro Tem Ramsey and thank Mr. Peterson for showing the Council the changes. 41. Mayor Pro Tem Ramsey adjourned the 1984. me~g of Febr \ ' ~ \ Mayo ATTEST: ~~/~) Acting City Secre a y February 27, 1984 Page 15 ADJOURNMENT