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HomeMy WebLinkAboutCC 1984-05-14 Minutes Present: ITEM PROGRESS REPORT ON MASTER PLAN - GEORGE TUCKER NOTES ON PRE-COUNCIL MEETING MAY 14, 1984 Dan Ecbols Ricbard Davis Jim Ramsey Dick Fisber Marie Hinkle J.C. Hubbard Jim Kenna Virginia Moody Harold Newman Rodger Line Dennis Horvatb Rex McEntire Gene Riddle Marjorie Nasb George Tucker DISCUSSION Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Council person-elect Councilman City Manager Assistant City Manager City Attorney Public Works/Utility Director Planning & Zoning Commission Planning & Zoning Commission George Tucker briefed tbe Council on tbe status of tbe Master Plan development. Drainage and trans- portation appeared to be tbe most pressing concern among citizens wbo attend tbe Town Hall Meetings. George requested Council autborization to proceed witb tbe master plan. He requested $5,400 for contract printing and map drawings. After a brief discussion it was determined tbat RNL, working witb Jobn Whitney and George Tucker, will contract for tbis work. George Tucker also indicated tbat Joe Bill Fox bas been appointed to coordinate tbe Master Plan for tbe BISD. EXECUTIVE SESSION Closed due to subject matter. TO DISCUSS PERSONNEL, LAND AND/OR LITIGATION ASSIGNMENT RNL FolÏÕW up ITEM DISCUSSION ON LEASE OF LAND FOR GOLF COURSE (AGENDA ITEM IIS3) DISCUSSION OF RESOLUTION SUPPORTING POTHOLE BILL (AGENDA ITEM #49) DISCUSSION RNL briefed tbe Council on Item IIS3, lease of City property for City golf course. Tbere was no concerns expressed. RNL briefed tbe Council on Item 149, Pot Hole Bill. Councilman Kenna, among otbers, voiced opposition to paragrapb (3) on tbe second page. It was determined tbat in open Council session tbe second balf of tbat paragrapb be deleted. (as it refers to increasing motor vebicle license fees as necessary). DISCUSSION OF Tbere was a brief discussion on Item #SI on library LIBRARY MATERIALS FINE POLICY fines. Tbe Council bad no objection to tbis policy (AGENDA ITEM IIS1) cbange. DISCUSSION OF Item 116 & 8 were combined and tbe status of tbe CIP RECONSTRUCTION OF PALOMAR DRIVE work was discussed. Tbe Mayor briefed tbe Council FROM ROBERTA TO SUSAN LEE tbat we are now able to obtain 2 or 3 more easements (AGENDA ITEM #S2) CIP COMMITTEE REPORT on tbe Morgan Meadows East Project and be felt like progress was being made. Mayor Pro Tem Davis and Councilman Ramsey briefly discussed action taken at tbe May Iltb CIP Meeting. Reconstruction of Palomar is on tbe Agenda tbis evening and $27,000 is to be appropriated from unspecified funds. Page 2 S/14 Pre Council ASSIGNMENT RNL Jeanette Please draft letter to legislators and TML for Mayor's signature. Point out non-support for license fee increase. Jeanette Advise Tiffany Ricbard Albin _ ITEM DISCUSSION OF ORDINANCE REGULATING FOOD SERVICE SANITATION DISCUSSION OF SCHEDULING A WORK SESSION Page 3 S/14 Pre-Council DISCUSSION ASSIGNMENT Rufe Snow street ligbting was discussed and tbis item Dennis will be on tbe next regularly scbeduled Council Meeting. Councilman Ramsey distributed a proposed policy on tbe purcbase of easements and asked tbat tbey be returned witb corrections no later tban June 4tb. Mayor Pro Tem Davis and RNL briefed tbe Council on financing of a proposed sewer line in Watauga and tbe pending bond sale. RNL discussed tbe Ordinance regulating food service NAN sanitation. Rex McEntire will present a cbange to tbis ordinance in open Council Meeting. It was determined tbat a Council work session would be beld in Corpus Cbristi at tbe Mayors and Councilmen Convention. 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 - MAY 14, 1984 - 7:30 P.M. 1. Mayor Echols called the meeting to order May 14, 1984, at 7:30 p.m. 2. Dan Echols Jim Ramsey Richard Davis Dick Fisher Marie Hinkle J.C. Hubbard Jim Kenna Harold Newman Mayor Councilman Mayor Pro Tern Councilman Councilwoman Councilman Councilman Councilman Present: Staff: Rodger N. Line Dennis Horvath Jeanette Moore Rex McEntire Gene Riddle Richard Albin City Manager Assistant City Manager City Secretary City Attorney Director Public Works/Utilities City Engineer Marjorie Nash George Tucker Planning & Zoning Comm. Planning & Zoning Comm. Press: Mark England David Doremus Mid Cities Daily News Northeast Chronicle 3. The invocation was given by Councilman Ramsey. 4. Councilman Ramsey moved, seconded by Councilman Kenna, to approve the minutes of the April 23rd, 1984 meeting. Mayor Pro Tern Davis stated that on page 18, third paragraph the vote should have stated "Mayor Echols voting for to break the tie." Motion carried 6-0. Councilwoman Hinkle abstaining due to absence. Mayor Echols advised that he would proceed, at this time, with an item that was not on the agenda. Mayor Echols asked Councilman Hubbard to go to the podium. Mayor Echols presented out-going Councilman Hubbard with a plaque in recognition of four years of service to the City as a Councilman. CALL TO ORDER ROLL CALL INVOCATION CONSIDERATION OF MINUTES OF THE REGULAR MEETING APRIL 23, 1984 APPROVED Mayor Echols expressed his personal appreciation to Mr. Hubbard for all the time he had spent. J.C. served as the liaison to the Park and Recreation Committee and did a lot to help the development of the parks. Councilman Fisher read the following letter from RYA to Mr. Hubbard: May 14, 1984 Dear Mayor and Council: I would like, on behalf of the Richland Youth Association, to thank the out-going Council and most especially Mr. Hubbard for their support of the youth of North Richland Hills. J.C. has been a friend of RYA for years and spent much of his own time to help me with the City's involvement with the RYA programs and also the surrounding cities of Richland Hills and Watauga. RYA appreciated his efforts over the years and would like to give J.C. this plaque as a token of our appreciation. Yours truly, Bobby Cunningham President, RYA Mr. Hubbard stated "I would like to say to this Council and the Mayor that it has been a privilege and honor to work with them and I think we went a long way in the past four years. The City is on the road to being one of the greatest with the Council that set forth. We have the City Staff that has been selected by this Council that I think is unequalled anywhere in the nation. They are going to continue and I feel confident that this Council will continue the paths that have been set the past four years and I would like to say to the citizen's of North Richland Hills that you and I and most everyone in this audience have fought wars to make this a democratic country where people could express their views in elections, at polls, and in meetings. I respect their position and I have fought before to give these people and myself their right and I would do it again. Therefore, I appreciate the efforts that they have done for me. I appreciate that they went to the polls and voted the selection of their choice and I hope all of you the best of luck." 5. Mr. McEntire presented the following Resolution: WHEREAS, on the 28th of April, 1984, being the fourth Saturday in April, the run-off election was held within the corporate limits of the City of North Richland Hills, Texas, for the election of City Council Place Four; and WHEREAS, the following candidates for the office received the number of votes shown opposite their names as follows: Page 2 May 14, 1984 CONS IDERATION OF RESOLUTION CANVASSING THE RUN-OFF ELECTION FOR PLACE FOUR APPROVED NAME OF CANDIDATE OFFICE NUMBER OF VOTES Virginia Moody Jim Grotjan Council Place Four 357 Council Place Four 267 WHEREAS, as provided in the City Charter of the City of North Richland Hills, Texas, it is the duty of the City Council to canvass the returns and declare the results of said election; and it appearing that the following candidate should be declared elected to the office: OFFICE Council Place Four DULY ELECTED OFFICIAL Virginia Moody BE IT THEREFORE RESOLVED by the City Council of the City of North Richland Hills, Texas, that the following candidate for the office having received a majority number of votes in the office, be and she is hereby declared elected to the office named below for and during the term of two years or until the next duly constituted election is held in said City, being the first Saturday in April, 1986: OFFICE Council Place Four DULY ELECTED OFFICIAL Virginia Moody PASSED AND ADOPTED this 14th day of May, being Councilpersons present and persons voting for the passage and adoption hereof Councilpersons voting against the passage adoption hereof. 1984, there Council- and and Councilman Kenna moved, seconded by Mayor Pro Tern Davis, to approve Resolution No. 84-15. Motion carried 6-0. 6. Mr. McEntire administered the following Oath of Office: I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of (City Councilman/ Councilwoman or Mayor) of the City of North Richland Hills, State of Texas, and will, to the best of my ability, preserve, protect, and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm) that I have not directly paid, offered, or promised to pay, contributed nor promised to contribute any money, or valuable thing, or promised any public office or employment as a reward for the giving or withholding a vote at the election at which I was elected. So help me God. Mayor Echols recognized Mrs. Virginia Moody's family. Page 3 May 14, 1984 OATH OF OFFICE Mayor Echols advised that Councilman Kenna has already taken the Oath of Office. Mayor Echols explained the purpose of the Consent Agenda. Mayor Echols asked if there was anyone in the audience who wished to speak regarding one of the items on the Consent Agenda. There was no one present wishing to speak on any of the items on the Consent Agenda. 7. Mayor Pro Tern Davis removed items #49, 50, 52 and 53 from the Consent Agenda. 8. Councilman Kenna moved, seconded by Councilman Newman to approve the Consent Agenda. Motion carried 7-0. 9. Mayor Pro Tern Davis moved, seconded by Councilman Kenna, to table this item. Motion carried 7-0. Mayor Echols advised the Council that he had a request from Mr. Charles Evans to move Item #58 to this point of the agenda. 58. Mr. Charles Evans, Attorney, Hurst, appeared before the Council. Mr. Evans stated that approximately 2 months ago he came before the Council on Kingswood Estates, discussing two property owners who the Council had requested to give a letter stating that it was alright with them that the water would run onto their property. Mr. Evans stated that at that time he advised the Council that we would return before the Council to give a progress report. Mr. Evans stated that the main piece of property is being controlled by an attorney by the name of Walter Cook, who controls the Cook Estate Trust, which is holding that property as such. Mr. Evans stated that it is under contract and that it was under contract two months ago. Mr. Evans stated that there were basically three owners of the property other than the trust and they had offered to work with him to lease it, purchase it or do whatever was necessary. Mr. Evans stated that his client needed 6 inches of water flow, about 30 feet long, according to the Engineer. Page 4 May 14, 1984 CONSIDERATION OF REMOVING ITEMS (S) FROM THE CONSENT AGENDA CONS IDERATION OF CONSENT AGENDA ITEM (S) INDICATED BY ASTERISK (34, 35, 36, 37, 38, 39, 40, 41, 43, 44, 45, 46, 47, 48, 51, 54, 55, & 56) APPROVED CONSIDERATION OF APPOINTMENTS TO PLANNING AND ZONING COMMISSION TABLED CITIZEN PRESENTATION Mr. Evans stated that Walter Cook could not make a decision. The owners will not make a decision because it is under contract to be purchased and that there is still kind of a quazior position at this time on that particular piece of property. Mr. Evans stated that he was optimistic that something could be worked out. The other piece of property is owned by an attorney by the name of Roy Davis. Mr. Evans stated that they had agreed on everything that Mr. Davis requested but he still refused to sign the letter because someone within the City had told him he could not keep horses there. Mr. Evans stated that this was the progress, that the two letters still have not been signed. His client still remains ready, willing and able to give the City whatever is necessary, hold harmless, any type of contract to take any liability away from the City. Mr. Evans stated that he would come back before the Council at a later date, or talk to the Staff or whatever the Council preferred. Mayor Pro Tern Davis asked Mr. McEntire if a hold harmless letter would be enforceable. Mr. McEntire state that it can be done, however it would waive some of the provisions of that particular ordinance. The thing that the Council should be reminded of is that if you do this in order to secure it you are going to, in effect, do away with the value of that property. If you secure it with the property itself you will probably get some protection on it for a period of years if you have someone to back it up. Mr. Echols asked Mr. Evans if they planned to proceed with those items. Mr. Evans stated yes, and he would give the Council an update at a later date. Ms. Mary Morgan, 3640 Wendell, appeared before the Council. Ms. Morgan stated she had lived at 3640 Wendell since 1971. Ms. Morgan stated there was a storm drain that emptied in her back yard and she had been before the City Council several times with the problem. Ms. Morgan presented the Council with copies of minutes from previous meetings where they had presented the problem and also copies of letters from former mayors and City staff. Ms. Morgan stated that she would like for the Council to take the City Engineers' 19' recommendation and put a pipe in and let it drain to the creek. Mayor Echols stated that he didn't know for sure if the Council could take immediate action, but would look into it and get an update with the current City Engineer regarding cost for escalation since 1973 to see what could be done to alleviate the problem. Mayor Echols advised Ms. Morgan that someone would be contacting her to make an appointment and at that time they would look at it, bring in the Public Works Director and Assistant City Manager to see what could be done. Page 5 May 14, 1984 Mr. Jerry Unkart, 3636 Wendell, appeared before the Council. Mr. Unkart stated he moved to the property in July of 1983 and his property adjoined Mary's. Mr. Unkart stated that he was not aware of the problem until he had purchased two loads of top soil for his back yard and it all ended up in Fossil Creek Park. Mr. Unkart showed the Council pictures of the drainage in his back yard. Mr. Unkart stated he would like for the Council to give him and his neighbors the relief they needed. Mayor Echols asked Mr. Line to introduce a new Staff Member. Mr. Line introduced Mr. Dave Patika the new Parks and Recreation Director the the City of North Richland Hills. 10. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of this item to please come forward. Mr. Jack Roseberry, 8912 Martin, appeared before the Council. Mr. Roseberry stated that this property was located on the west side of Smithfield Road just south of Odell Street. Mr. Roseberry stated he purchased the property for tax purposes. Mr. Roseberry stated he first became acquainted with the property when one of the City Staff Members, who was no longer with the City, approached him on buying the property. Mr. Roseberry stated there were several old buildings that had been red-tagged, several drainage problems and all kinds of other problems. Mr. Roseberry stated he applied for commercial zoning, which was turned down by Planning and Zoning. Mr. Roseberry stated that about six months later the new Zoning Map came out showing the property in question as being zoned C-2 (Commercial). Mr. Roseberry stated he came to the City Hall and talked with Mr. Riddle and asked if the zoning had been changed and he stated it had been changed. Mr. Roseberry stated he understood that he had commercial zoning. Mr. Roseberry stated he hired an Engineer to do the platting process and he received a call from the Staff that there were problems, there was a mistake on the map. Mr. Roseberry stated he went back to the Planning and Zoning Commission and was turned down the second time. Mr. Roseberry stated all he wanted to do was make use of the property. It had commercial zoning on either side of it. Mr. Roseberry stated the property was not fit for residential or local retail and it needed a commercial zoning. Mr. Roseberry stated he felt the best use of the property would be small offices with warehouses in back. Mr. Lee Bonham, 8920 Martin Road, appeared before the Council. Mr. Bonham stated he was a partner with Mr. Roseberry. Mr. Bonham stated that if the Council would look at the property that they had developed they could see they had enhanced the property around it and that was what they were trying to do on this particular property. Page 6 May 14, 1984 PLANNING & ZONING - PUBLIC HEARING APPEAL HEARING - PZ 84-19, REQUEST OF JACK ROSEBERRY TO REZONE TRACTS 2H, 2H1 & 2H1A, JOHN MC COMAS SURVEY, ABSTRACT 1040, FROM AGRICULTURE TO C-2 (COMMERCIAL) (LOCATED ON THE WEST SIDE OF SMITHFIELD ROAD, APPROXIMATELY 213 FEET SOUTH OF ODELL STREET) Mayor Echols called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Echols closed the public hearing. 11. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve PZ 84-19, Ordinance No. 1117. Mayor Pro Tern Davis asked if Mr. Roseberry could give an example of what type of office warehouse he planned to build. Mr. Roseberry stated there would be office space in front and warehouse storage in back. Mayor Pro Tern Davis asked what type of businesses would be leasing the buildings. Mr. Roseberry stated they hoped to lease to small contractors. Councilman Kenna stated he had seen the property in question and there had been an improvement since Mr. Roseberry had bought it. Motion carried 7-0. 12. Mayor Echols opened the Public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. A. T. Adcock, 904 Houston Street, appeared before the Council. Mr. Adcock stated he represented Mr. Rust and himself. Mr. Adcock stated they wanted to build single family homes on the property in question. Mr. Adcock stated the Planning and Zoning Commission had previously approved this request, but when it went to the Council it was denied. Mr. Adcock stated there was a lot of problems in connection with the property and that would be addressed with the platting. Mayor Echols called for anyone wishing to speak in opposition to the request to please come forward. Ms. Sandra Henderson, 6817 Little Ranch Road, appeared before the Council. Ms. Henderson stated she was against this request at the present time. She thought the houses would be fine if the problem of flooding was taken care of first. Ms. Henderson stated she did not think anyone on the Council would want flood water in their homes every time it rained. Mrs. Henderson stated the flooding was basically because of the development that was north of Little Ranch Road. Page 7 May 14, 1984 CONSIDERATION OF ORDINANCE FOR PZ 84-19 ORDINANCE NO. 1117 APPROVED PLANNING & ZONING - PUBLIC HEARING PZ 84-12, REQUEST OF JAMES RUST & A.T. ADCOCK TO REZONE TRACT 7, WILLIAM COX SURVEY, ABSTRACT 321, FROM AGRICULTURE TO R-2 (SINGLE FAMILY) (LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF HIGHTOWER DRIVE AND MEADOW ROAD) Mr. Bob Willard, 7608 Hightower, appeared before the Council. Mr. Willard stated that he felt the request should be denied because of the drainage problem in the area. Mr. Willard stated the streets were also in very bad condition. Mr. Willard stated he felt there should be no more development in the area until the drainage and streets were taken care of, and would like to see larger houses built. Mr. Grady Buck, 7629 Hightower, appeared before the Council. Mr. Buck stated that his property adjoined the property in question. Mr. Buck stated that as previously mentioned, and as reflected in the previous minutes, this has been a long process. The issues have been brought up again tonight and the City says let's go ahead and develop, we will take care of the problem. It's the City's responsibility, don't worry about it. Mr. Buck stated that he felt, that for some reason, the City had not done their job and all they asked for was protection. Mr. Buck stated that he had noticed, from the papers in the last few weeks, that progress had been made in obtaining easements from the homeowners involved. Mr. Buck stated that another issue that had not been addressed were the streets. Hightower had been improved, but you could not get to Hightower because the streets leading to Hightower were two lane roads. Mr. Buck stated a two lane country lane could not handle approximately 200 cars. Mr. Buck stated that he thought larger homes should be built and that the City Council should protect the adjacent homeowners. Mr. Jim Keating, 6824 Little Ranch Road, appeared before the Council. Mr. Keating stated he had talked with a number of residents in this particular community, Morgan Meadows, and they were not against the development as desired by Mr. Rust and Mr. Adcock. Mr. Keating stated they felt adequate drainage should be insured before the development was approved. Mr. Keating stated he was presently working with a drainage problem in Morgan Meadows and hopefully there would not be a re-occurence of what happened when Windcrest water was dumped on the property, as adequate drainage had not be provided. Councilman Ramsey stated he would like to publicly thank Mr. Keating for his help in obtaining easements in that area. Mr. Charles Brooks, 6809 Little Ranch Road, appeared before the Council. Mr. Brooks stated he appreciated the work that was being done in the area but felt no development should be approved until the drainage was worked out. Page 8 May 14, 1984 Mr. Steve Woodall, 7605 Hightower, appeared before the Council. Mr. Woodall stated he would like to further stress the street conditions in the area. Mr. Woodall stated the property on Chapman was being fully developed and a lot of traffic was being added to the area. Mr. Woodall stated he was told by previous Councils, when the situation on schools was brought up, that the Birdville School District had been contacted and they got no help at all. Mr. Woodall stated the entire Council was responsible for the operation of the City. Mr. Woodall stated that there was a progress report on the Master Plan this evening and if a Master Plan was developed, do not continue to be bullheaded. Let the Master Plan be developed and incorporate some things that would eliminate some of the short comings. Mr. Woodall stated there was a lot of people in the area concerned with the size of the homes being built, the streets, and the drainage. Mr. Woodall stated he would appreciate it if the Council would take all the concerns into consideration. Mayor Echols stated that the Master Plan was trying to work out the thoroughfares and had been discussed at all three of the meetings. Mayor Echols stated that Hightower Street had been reviewed as a collector street going all the way through. Mayor Echols stated the only way Hightower could go through was if the City could get a dedication from the developer. Mayor Echols stated easements were going to be necessary to get the thoroughfare in place. Mayor Echols stated that unless the zoning was approved the developer would not dedicate the right-of-way for the street. Mayor Echols stated that there could be some advantages from this zoning at this point in time, if the City could make sure the homeowners felt they had adequate protection in terms of drainage, traffic and the size of the homes. Mayor Echols asked Mr. Woodall if he would feel comfortable if the City could provide the homeowners with the assurance that progress was being made in the direction of better thoroughfares and drainage. Mr. Woodall stated that if there was anything he could do to help he would. Mr. Woodall stated he was not opposed to Hightower being extended and was not opposed to the type of houses being built. Mr. Woodall stated he would like to see larger homes built. Mayor Echols asked Mr. Woodall if he would be happy if the developer offered a buffer zone of 1,800 square foot homes and the remaining 1,600 square feet. Mr. Woodall stated he would be very willing to discuss it. Page 9 May 14, 1984 Mr. Bob Willard, 7608 Hightower, appeared before the Council. Mr. Willard stated that drainage and streets had been brought to his attention by several of the Council Members in discussions on development. The only way the street conditions could be improved was through a bond issue. Mr. Willard stated a bond election would have to be held to provide the funds for Hightower and Chapman. Mayor Echols stated there was a possibility that Chapman could be taken care of by bond monies but probably not Hightower. Mr. Willard stated larger homes could be built but that still would not address the major issues. Mr. Christina Fugler, 7613 Hightower, appeared before the Council. Ms. Fugler stated that her home had not been flooded but some of her neighbors houses had. Mrs. Fugler stated that in 1981 she was stranded in her car for five hours and could not get home because of the streets. Ms. Fugler stated that what they were asking for was priorities. Which should come first? The development, the drainage, the streets or the drainage, streets then the homes. Mrs. Fugler stated that since the Master Plan had not been presented, how could the Council make a decision. Mayor Echols stated that the Council felt strongly that the priorities must be addressed. Mayor Echols stated the priority that would be number one in this particular situation, in his opinion, was the drainage. Mayor Echols stated right-of-ways would have to be obtained before the streets could be built. Ms. Fugler stated that the City could say that in two years the street was going to be built, but what about the citizen that lived there now. Mayor Echols stated this development was not going to happen over night. Mayor Echols stated the developers were going to have to spend a lot of money on the drainage and dedicate land for the street extension. Ms. Fugler stated the people in the area wanted to cooperate, but what they did not want was more of what they had in the past. Ms. Fugler asked if any of the rezoning ordinances were approved tonight, was the Planning and Zoning Commission going to completely re-do some of their plans on the Master Plan. Page 10 May 14, 1984 Mayor Pro Tern Davis stated no, because the Planning and Zoning Commission had already made a recommendation to the Council. It had to go through the Commission first. Mayor Pro Tern Davis stated the Commission knew what recommendations they had made to the Council and the recommendations were kept to keep the land use and thoroughfare map up to date. Mr. Mervyn Newman, 6916 Little Ranch Road, appeared before the Council. Mr. Newman stated that his daughter had almost drowned in the flood water and not only were people losing their homes to flood water, but when you lose lives that was a lot more serious. Mr. Newman stated he would like to see the drainage problem taken care of before the property was developed. There being no one else wishing to speak, Mayor Echols closed the public hearing. Mayor Echols called a fifteen minute recess. Mayor Echols called the meeting back to order. The same Council Members and Staff were present as recorded at the beginning of the meeting. 13. Mayor Echols advised the Council that there was a legal petition against this request and would require a 3/4 vote of the Council. Mayor Pro Tern Davis moved, seconded by Councilman Ramsey, to approve PZ 84-12, Ordinance No. 1118, with the stipulation that lots and/or houses adjacent to Briarwood Estates have a minimum square footage of 1,800 square feet and that no development begin until Morgan Meadows East drainage channel was complete. Mayor Pro Tern Davis asked the developer if he could accept the stipulation. Mr. Adcock stated that he felt his request was not out of order and did comply with the Ordinance of the City, he had made concession and would accept the stipulations. Mayor Pro Tern Davis stated the City was closer than it had been in the two and a half years he had been on the Council, of finally acquiring the easements to get Morgan Meadows done and he felt it was imminent that the easements be obtained and also that the drainage channel would be done in the near future. Mr. Adcock asked if someone could identify the near future. Page 11 May 14, 1984 RECESS BACK TO ORDER CONSIDERATION OF ORDINANCE FOR PZ 84-12 ORDINANCE 1118 APPROVE Mayor Echols stated that when he asked the Council to give an assurance that $700,000 would be put back into that particular item, Morgan Meadows East Drainage Project, if the easements could be obtained. Mayor Echols stated he was asked how long it would take and he advised the Council that if he could not do it in six weeks he could not do it. Mayor Echols stated he was reminded that three weeks has passed and once the easements were obtained then it would be up to the City Engineer to do the engineering work on the channel, and he did not think it would take long. Mayor Echols asked Mr. Albin what time estimate he would make. Mr. Albin stated he estimated six months. Motion carried 7-0. 14. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Herman Smith, 2510 Norwood, Hurst, appeared before the Council. Mr. Smith stated that the property in question fronted on Airport Freeway Service Road, and east of Oakridge. Mr. Smith stated there was no opposition to the request at the Planning and Zoning Meeting. Mayor Echols asked what type of development was planned. Mr. Smith stated he had interest in other properties in the area. Mr. Smith stated that the property on the east side of Oakridge did not have deed restrictions against it. Mr. Smith stated the property to the west of Oakridge still had deed restrictions but he understood a petition had been signed by the property owners in the area to have the restrictions removed. Mr. Smith stated there was a home on lot 3 and it could be remodeled and used for an office until such time as the Master Plan was completed for the whole project. Mayor Echols asked if all of it met the C-1 commercial requirements. Mr. Smith stated yes. Mayor Echols called for anyone wishing to speak in opposition to the request to please come forward. Mrs. Myrtis Byrd, 8020 Little Dude Court, appeared before the Council. Page 12 May 14, 1984 PLANNING & ZONING - PUBLIC HEARING PZ 84-24, REQUEST OF HERMAN SMITH TO REZONE LOTS 3 & 13, BLOCK A, RICHLAND OAKS ADDITION FROM R-1 (SINGLE FAMILY) TO C-1 (COMMERCIAL) (LOCATED ON THE NORTH SIDE OF AIRPORT FREEWAY BETWEEN OAKRIDGE TERRACE AND MESA VERDA) Mrs. Byrd stated this was not the lot she thought it was, that this one would have to be built up. Mrs. Byrd stated her concern was flooding and asked how the drainage would affect the people down stream from the property. Mr. Albin stated that any development that occurred in that water-shed was going to increase the flood level. Mr. Albin stated the area being discussed was located on the fringe of the 100 year flood plain. Based on existing conditions it appeared to him that it would have to be elevated some, based on the latest maps from the Corp. of Engineers showing the limits of the 100 year flood plain. Mr. Albin stated the run- off that would be generated would be very small. Mrs. Byrd asked that the Council take the homeowners into consideration. Mr. Thomas Snodgrass, 4904 Mesa Verde, appeared before the Council. Mr. Snodgrass stated he had lived at the present address for 27 years and he did have deed restrictions. Mayor Echols asked Mr. Snodgrass how close he was to the property asking to be rezoned. Mr. Snodgrass stated he was not within 200 feet, but objected to the property being pieced up. Mayor Pro Tern Davis stated the City could not enforce deed restrictions. Mayor Pro Tern Davis stated that the City's obligation was to look at the best use of the land. Mr. Snodgrass stated he understood the City could not enforce the deed restrictions. There being no one else wishing to speak, Mayor Echols closed the public hearing. 15. Mayor Pro Tern Davis moved, seconded by Councilwoman Hinkle, to approve PZ 84-24, Ordinance No. 1119. Motion carried 7-0. Page 13 May 14, 1984 CONSIDERATION OF ORDINANCE FOR PZ 84-24 ORDINANCE NO. 1119 APPROVED 16. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Victor Garcia, Architect for the project, appeared before the Council. Mr. Garcia stated this request was an extent ion of the first phase, which was approved. Mr. Garcia stated the Planning and Zoning Commission approved this subject to an emergency easement through the TESCO right-of-way, as all weather road access for the Fire Department. Mr. Garcia showed a site plan of the property and the emergency egress. Mayor Echols asked Mr. Garcia if Item #2 of the Engineers letter posed a problem for him. Mr. Garcia stated no. Councilman Ramsey asked what he wanted to do with the property that could not be done in commercial zoning. Mr. Garcia stated they proposed to put townhouses in and the land had no access to Davis. The only access would be from Irish Drive. Mayor Echols asked if the Fire Department had approved the egress as being adequate for turn-around. Mr. Garcia stated yes. Mayor Pro Tern Davis stated that the Planning and Zoning Commission's minutes showed this was approved subject to the modification of the plans to show brick construction. Mayor Pro Tern Davis asked if the buildings would be brick as required by the Brick Ordinance. Mr. Garcia stated they would meet the Brick Ordinance. There being no one else wishing to speak, Mayor Echols closed the public hearing. 17. Councilman Kenna moved, seconded by Councilman Fisher, to approve PZ 84-25, Ordinance 1120. Motion carried 7-0. Page 14 May 14, 1984 PLANNING & ZONING - PUBLIC HEARING PZ 84-25, REQUEST OF NASSAR SHAFIPOUR TO REZONE A PORTION OF LOT 1, BLOCK 4, RED GATE ADDITION FROM C-l (COMMERCIAL) TO PD (PLANNED DEVELOPMENT) (LOCATED EAST OF DAVIS BOULEVARD, WEST OF IRISH DRIVE, BOUNDED ON THE NORTH OF TESCO EASEMENT, AND APPROXIMATELY 600 FEET NORTH OF EMERALD HILLS WAY) CONS IDERATION OF ORDINANCE FOR PZ 84-25 ORDINANCE NO. 1120 APPROVED 18. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Bob Hampton, Attorney representing the Parker Family, principal behind First Trends, appeared before the Council. Mr. Hampton stated the Parkers wanted to put in a Mexican type restaurant, specializing in chicken. Mr. Hampton stated they wanted to sell beer and margarita's. Mayor Echols asked Mr. Hampton if he was aware that the permit would have to be issued in a specific name. Mr. Hampton replied yes. Councilman Fisher asked Mr. Hampton if the restaurant had a drive-in window. Mr. Hampton stated he had driven by the establishment this afternoon and did not see one. Councilman Fisher stated he believed the drive-in window and it would be unusual. first restaurant in North Richland Hills beverages with a drive-in window. restaurant had a It would be the to sell alcoholic Mr. Hampton stated that under the State Law you could not sell alcoholic beverages through a drive-in window. Mayor Echols called for anyone wishing to speak in opposition to this request. There being no one else wishing to speak, Mayor Echols closed the public hearing. 19. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve PZ 84-26, Ordinance No. 1121, permit to be in the name of Douglas Parker and non-transferable. Motion carried 7-0. 20. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. There was no one present wishing to speak. Mayor Echols called for anyone wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, Mayor Echols closed the public hearing. Page 15 May 14, 1984 PLANNING & ZONING - PUBLIC HEARING PZ 84-26, REQUEST OF FIRST TRENDS, INC. TO REZONE LOT 3, KIP'S BIG BOY ADDITION FROM C-1 (COMMERCIAL) TO C-1-SPECIFIC USE-SALE OF ALCOHOLIC BEVERAGES (LOCATED AT 7762 BEDFORD EULESS ROAD) CONSIDERATION OF ORDINANCE FOR PZ 84-26 ORDINANCE NO. 1121 APPROVED PLANNING & ZONING - PUBLIC HEARING PZ 84-27, REQUEST OF J. C. GIDEON TO REZONE TRACT 2A, J. C. BRADFORD SURVEY, ABSTRACT 139 FROM AGRICULTURE TO R-2 SINGLE FAMILY (LOCATED ON THE NORTH SIDE OF KELLER SMITHFIELD ROAD AND APPROXIMATELY 425 FEET SOUTH OF SHADY GROVE ROAD) 21. Councilman Fisher moved, seconded by Councilman Newman, to approve PZ 84-27, Ordinance No. 1122. Motion carried 7-0. 22. Mayor Echols opened the public hearing and called for any- one wishing to speak in favor of this request to please come forward. There was no one present wishing to speak. Mayor Echols called for anyone wishing to speak in opposition to please come forward. There being no one wishing to speak, Mayor Echols closed the public hearing. 23. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve PZ 84-29, Ordinance No. 1123. Motion carried 6-1; Councilmen Ramsey, Fisher, Newman, Kenna Mayor Pro Tern Davis and Councilwoman Hinkle voting for; Councilwoman Moody voting against. 24. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Eddie Cook appeared before the Council. Mr. Cook stated they had purchased the tract in question and felt the highest and best use of the property would be R-2. Mr. Cook stated R-3 would be compatible to the sub-division. Mr. Cook stated that in respect to the Engineer's letter on preliminary plat, those items would be conformed to before platting was approved. Councilman Ramsey asked if Hightower would be continued to the east on the northern border of the property. Mr. Riddle replied yes. Mayor Echols called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Echols closed the public hearing. Page 16 May 14, 1984 CONS IDERATION OF ORDINANCE FOR PZ 84-27 ORDINANCE NO. 1122 APPROVED PLANNING & ZONING - PUBLIC HEARING PZ 84-29, REQUEST OF JEFF MARSH TO REZONE TRACT 4B, W. D. BARNES SURVEY, ABSTRACT 146 FROM AGRICULTURE TO R-2 (SINGLE FAMILY) (LOCATED ON THE NORTH SIDE OF STARNES ROAD AND APPROXIMATELY 500 FEET WEST OF RED OAK STREET) CONSIDERATION OF ORDINANCE FOR PZ 84-29 ORDINANCE NO. 1123 APPROVED PLANNING & ZONING - PUBLIC HEARING PZ 84-30, REQUEST OF EDDIE & BLAKE COOK TO REZONE TRACT 3A, WILLIAM COX, ABSTRACT 321, FROM AGRICULTURE TO R-2 (SINGLE FAMILY) (LOCATED ON THE NORTH SIDE OF the TURNER DRIVE AND APPROXIMATELY 200 FEET WEST OF DAVIS BOULEVARD) 25. Councilman Ramsey moved, seconded by Mayor Pro Tern Davis, to approve PZ 84-30, Ordinance No. 1124. Motion carried 7-0. 26. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. There was no one present to speak. Mayor Echols called for anyone wishing to speak in opposition to the request to please come forward. There being no one wishing to speak, Mayor Echols closed the public hearing. 27. Councilwoman Hinkle moved, seconded by Councilman Newman, to approve PZ 84-31, Ordinance No. 1125. Councilman Ramsey asked if dedication of right-of-way was needed for Hightower. Mr. Line stated the dedication would be done during the platting process. Motion carried 7-0. 28. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of the request to please come forward. Mr. James Buchanan, Grapevine, appeared before the Council. Mr. Buchanan stated he respectfully requested that this item be approved as specified. Mayor Echols asked Mr. Buchanan if he was the proprietor of the establishment. Mr. Buchanan replied yes. Councilman Kenna asked if the site had a specific use permit. Mr. Buchanan stated yes, for about nine years. Mayor Echols called for anyone wishing to speak in opposition to the request to please come forward. Page 17 May 14, 1984 CONSIDERATION OF ORDINANCE FOR PZ 84-30 ORDINANCE NO. 1124 APPROVED PLANNING & ZONING - PUBLIC HEARING PZ 84-31, REQUEST OF HUBERT HAWKINS TO REZONE TRACTS 3C2A & 4A, WILLIAM MANN SURVEY, ABSTRACT 1010 FROM AGRICULTURE TO R-2 (SINGLE FAMILY) (LOCATED ON THE SOUTH SIDE OF HIGHTOWER DRIVE AND APPROXI- MATELY 400 FEET WEST OF LITTLE RANCH ROAD) CONSIDERATION OF ORDINANCE FOR PZ 84-31 ORDINANCE NO. 1125 APPROVED PLANNING & ZONING - PUBLIC HEARING PZ 84-32, REQUEST OF JAMES L. BUCHANAN TO REZONE LOT 1, BLOCK 1, LIGHTFOOT ADDITION FROM C-1, (COMMERCIAL) TO C-1 SPECIFIC USE-SALE OF BEER FOR OFF PREMISE CONSUMPTION (LOCATED AT 7716 DAVIS BOULEVARD) There being no one else wishing to speak, Mayor Echols closed the public hearing. 29. Councilman Kenna moved, seconded by Councilman Newman, to PZ 84-32, Ordinance No. 1126, permit to be in the name of James Buchanan and non-transferable. Motion carried 7-0. 30. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of the request to please come forward. Walter Elliott, Consulting Engineer, representing Mr. Bill Pasture, appeared before the Council. Elliott stated that this property was originally platted by Legge'. Mr. Elliott stated part was single family with some commercial. Mr. Elliott stated that shortly after the platting there was economic problems. Mr. Elliott stated that Mr. Legge' did not develop the property and sometime later he came in and planned developed it for a retirement center. However, he never proceeded with the replatting of the property. Mr. Elliott stated that Quadrangle Development bought the property. Mr. Elliott stated the property was planned to be developed into single family residents. Mr. Elliott stated he felt this would be the highest and best use of the property. Councilwoman Moody asked Mr. Elliott if he would be completing Starnes Road. Mr. Elliott stated they would, provided they could get help from the property owner to the north. Councilwoman Moody asked Mr. Elliott if he had approached the property owner. Mr. Elliott stated no. Councilwoman Moody asked Mr. Elliott if he was aware of the drainage problems in the area. Mr. Elliott stated yes, and they would be responsible for their half of the drainage. Councilman Ramsey asked if the City had all the easements and right-of-way needed for Starnes Road. Councilman Ramsey stated the City definitely wanted Starnes Road developed. Page 18 May 14, 1984 CONSIDERATION OF ORDINANCE FOR PZ 84-32 ORDINANCE NO. 1125 APPROVED PLANNING & ZONING - PUBLIC HEARING PZ 84-34, REQUEST OF QUADRANGLE DEVELOP- MENT COMPANY TO REZONE A PORTION OF COVENTRY PLACE Mr. ESTATES FROM PD Bob (PLANNED DEVELOPMENT) TO R-2 (SINGLE FAMILY) (LOCATED AT THE SOUTHEAST CORNER OF SMITHFIELD ROAD AND STARNES ROAD) Mr. Line stated the City needed to require that Starnes Road be extended from Smithfield over to the east and that would be a consideration because the property was already platted. Mr. Line stated he would recommend that the developer pay his share of the cost as called for in the Subdivision Ordinance and the owner to the north be assessed for their share of the cost. Mayor Echols asked Mr. Elliott if he owned the C-1 property on the southeast corner. Mr. Elliott replied yes. Mayor Echols asked Mr. Elliott if he was going to put in underground storm drainage to carry the water to the drainage ditch that came across Oakridge down to the intersection of Starnes Road and Smithfield Road. Mr. Elliott stated they had designed underground storm drainage. Mr. Line stated he thought the engineering on that storm drain had not been determined. Mr. Albin asked if it had been longer than five years since the original platting. Mr. Elliott stated yes. Mr. Albin asked Mr. Elliott if he was aware that engineering plans had to be submitted for review and approval if the five year period was exceeded. Mr. Elliott stated yes. Mayor Echols called for anyone wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, Mayor Echols closed the public hearing. 31. Councilman Ramsey moved, seconded by Councilwoman Moody, to approve PZ 84-34, Ordinance No. 1127, with the stipulation that the necessary land was dedicated to develop Starnes and the developer pay his appropriate share. Motion carried 7-0. Page 19 May 14, 1984 CONSIDERATION OF ORDINANCE FOR PZ 84-34 ORDINANCE NO. 1127 APPROVED 32. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Ken Groves, Architect and Engineer, 2205 West Division, Arlington, appeared before the Council. Mr. Groves stated the property consisted of six acres located at the northeast corner of Harwood Road and Bob Drive. Mr. Groves stated the property was presently zoned for municipal family apartments. Mr. Groves stated that the plans he prepared under the R-6-T required a site plan and specific elevations of the buildings to form a buffer zone. Mr. Groves stated the developer and the owner were having difficulty in agreeing among themselves. Therefore, he would request the Council table this item and give them time to work out their problems. Mayor Echols called for anyone wishing to speak in opposition to this request. There being no one else wishing to speak, Mayor Echols closed the public hearing. 33. Councilman Kenna moved, seconded by Councilwoman Hinkle, to table PZ 84-35, Ordinance No. 1128, until June 25th, 1984. Motion carried 7-0. *34. *35. Page 20 May 14, 1984 PLANNING & ZONING - PUBLIC HEARING PZ 84-35, REQUEST OF HARWOOD HILLS PARTNERSHIP TO REZONE THE SOUTH PORTION OF BLOCK 4, NORTHRIDGE ADDITION FROM R-7-MF (MULTI FAMILY) TO R-6-T (TOWNHOUSES) (LOCATED AT THE NORTHEAST CORNER OF HARWOOD ROAD AND BOB DRIVE) CONSIDERATION OF ORDINANCE FOR PZ 84-35 ORDINANCE NO. 1128 TABLED PLANNING & ZONING - PS 84-30, REQUEST OF NORTHEAST CONSTRUC- TION FOR REPLAT OF A PORTION OF HOLIDAY LANE WEST ADDITION, SECTION 6 & 10 (LOCATED ON BOTH SIDES OF CANCUN DRIVE FROM SIERRA DRIVE SOUTHWARD TO BUENOS AIRES DRIVE) APPROVED PLANNING & ZONING - PS 84-31, REQUEST OF EMORY BELLARD FOR FINAL PLAT OF GLENVIEW PARK ADDITION (LOCATED ON THE SOUTH SIDE OF GLENVIEW DRIVE, APPROXIMATELY 120 FEET WEST OF JACKIE LEE STREET) APPROVED Page 21 May 14, 1984 *36. PLANNING & ZONING - PS 84-37, REQUEST OF MONTY ANDERSON FOR SHORT FORM PLAT OF LOT 3, BLOCK 10, RICHLAND HEIGHTS ADDITION (LOCATED AT 4416 LYNN TERRACE) APPROVED *37. PLANNING & ZONING - PS 84-45, REQUEST OF DECADION, INC. FOR FINAL PLAT OF LOT 1, BLOCK 2, CASTLE WINDS ADDITION (LOCATED ON THE NORTH SIDE OF GLENVIEW DRIVE-CASTLE WINDS APARTMENTS) APPROVED *38. PLANNING & ZONING - PS 84-46, REQUEST OF J. W. KROMMES FOR SHORT FORM PLAT OF LOT 1, BLOCK 23, SUNNY MEADOWS ADDITION (LOCATED ON THE SOUTH SIDE OF NEWMAN DRIVE EAST OF DAVIS BOULEVARD) APPROVED *39. PLANNING & ZONING - PS 84-47, REQUEST OF JOSH DAVIS FOR SHORT FORM PLAT OF LOT 1, BLOCK 4, J. L. AUTREY ADDITION (LOCATED AT THE SOUTHWEST CORNER OF GLENVIEW DRIVE AND RUFE SNOW DRIVE) APPROVED *40. *41. 42. Mr. John Nall, Consulting Engineer, 210 West 6th, Fort Worth appeared before the Council. Mr. NaIl stated the engineering plans and final plat was approved by the Planning and Zoning Commission on March 22nd, subject to obtaining a letter from the property owner downstream granting permission to discharge drainage on the property. Mr. Nall stated they had been unable to obtain the letter. Mr. NaIl stated the proposed development was in accordance with the Texas Water Laws and the property was being developed in a reasonable manner. Mr. Nall stated run-off was not being diverted from one water shed to another. They were not increasing the area of the water shed. Mr. Nall stated that discharge of run-off to the downstream neighbors was not being diverted from the natural point of discharge. Mr. NaIl stated there was no excavation or construction required on the property of the downstream owner. Mr. NaIl stated the owner of Flamingo Estates had provided a letter to the Mayor and City assuming all City liability that might occur as a result in any increase in run-off that occurs as a result of the development. Mr. NaIl stated he would respectfully request that a letter from the downstream owner not be required. Page 22 May 14, 1984 PLANNING & ZONING - PS 84-48, REQUEST OF U-TEX DEVELOPMENT, ALLEN P. SCHUSTER, & NORMAN L. RUBIN FOR REPLAT OF LOTS 1R-1A & 1R-1B, BLOCK 6, INDUSTRIAL PARK ADDITION (LOCATED ON THE SOUTH SIDE OF BROWNING DRIVE, APPROXIMATELY 184 FEET WEST OF RUFE SNOW DRIVE) APPROVED PLANNING & ZONING - PS 84-51, REQUEST OF CAMBRIDGE COMPANIES DEVELOPMENT FOR FINAL PLAT OF LOT 6, BLOCK 1, NORTH PARK PLAZA ADDITION (LOCATED ON THE EAST SIDE OF RUFE SNOW DRIVE, APPROX- IMATELY 346 FEET NORTH OF WATAUGA ROAD) APPROVED CONSIDERATION OF REQUEST BY AUBREY BROTHERS CONCERNING FINAL PLAT OF FLAMINGO ESTATES Mayor Pro Tern Davis asked the City Engineer if the quantities of run-off had been verified. Mr. Albin stated no, there was no way he could do that without doing the field data himself. Mr. Albin stated he had to depend on the integrity and data of the developer's engineer preparing all of the run-off data. Mayor Pro Tern Davis stated that, based on the developer's engineering plans, he had put his name and seal on it based on his professional integrity. Mr. Albin stated he had no reason to question the validity of the developer's calculations. Mr. McEntire asked if there would be any channelization. Mr. Albin stated no, basically the requirements of the Subdivision Ordinance and that he verified that there was at least a ten year capacity in the downstream channel. The developer's engineer had calculations to verify that. Mr. McEntire stated there was a legal problem involved and the Council needed to have an executive session. Councilman Ramsey asked that if under the engineer's professional seal, was he certifying that no flooding would occur downstream. Mr. Nall replied no. Councilman Kenna asked why the applicant was asked to get the letter from the downstream property owner. Mr. Albin stated that it had been the practice, not necessarily a policy of the City, in the past to require that any developer that discharged water on a downstream property owner obtain permission from the owner. Mayor Echols called an executive session. Mayor Echols called the meeting back to order. The same Council members and Staff were present as recorded at the beginning of the meeting. Mayor Pro Tern Davis moved, seconded by Councilwoman Hinkle, as per the Council Rules of Procedures, to reconsider the action taken at the April 9th, 1984 City Council Meeting, which denied the plat, at the June 25th, 1984 meeting. Motion carried 6-1; Councilmen Kenna, Fisher, Newman, Mayor Pro Tern Davis, Councilwomen Hinkle and Moody for; Councilman Ramsey voting against. Page 23 May 14, 1984 EXECUTIVE SESSION BACK TO ORDER Page 24 May 14, 1984 *43. CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE 114, TO PANHANDLE CONSTRUC- TION COMPANY IN THE AMOUNT OF $58,659.89 - DENTON HIGHWAY WATER SYSTEM APPROVED *44. CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #5, TO M & D CONSTRUCTION COMPANY IN THE AMOUNT OF $33,895.54 - MORGAN MEADOWS WEST DRAINAGE IMPROVEMENTS APPROVED *45. CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #3, TO PANHANDLE CONSTRUC- TION COMPANY IN THE AMOUNT OF $22,983.75 - DENTON HIGHWAY WATER SYSTEM APPROVED *46. CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #8, TO M. A. VINSON CONSTRUCTION COMPANY IN THE AMOUNT OF $24,150.23 - WALKER'S BRANCH DRAINAGE IMPROVEMENTS APPROVED *47. CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #5, TO STEELE-FREEMAN, INC. IN THE AMOUNT OF $257,634.16 - NORTHFIELD AND NORICH PARK IMPROVEMENTS APPROVED *48. 49. Councilman Davis moved, seconded by Councilman Kenna, to approve Resolution 84-14, with the deletion of the second sentence in section three and a letter be sent to the local legislators of why the section was deleted. Motion carried 7-0. 50. Mr. McEntire advised the Council that the following need to be added to Section B as number three: Grease Traps. Grease traps must be installed at all food service establishments. The size will be determined by the Director of Public Works or his agent. In determining size consideration will be given to flow rate, estimated volume, type of establishment, and possibility of future expansion. Cleaning of all grease traps shall take place at least once a month or more often if directed by the Director of Public Works or his agent. Cleaning shall be accomplished by a person or persons qualified and licensed by the Tarrant County Health Department to do said work. Proof of cleaning must be submitted to the City Inspection Department each time cleaning occurs. Mayor Pro Tern Davis asked if this ordinance was in accordance with the State. Mr. McEntire stated yes. Mayor Pro Tern Davis stated he had a question on the section that states the regulatory authority may, without warning, shut the business down. Mayor Pro Tern Davis stated he felt some type warning should be given. Mr. McEntire stated this section gave the Tarrant County Health Department the authority to close the establishment down if they inspected the food and it was so bad they did not want another meal served in the establishment. Page 25 May 14, 1984 CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #1, TO MICA CORPORATION IN THE AMOUNT OF $68,279.92 - TRAFFIC SIGNALIZA- TION OF RUFE SNOW DRIVE AT LEWIS DRIVE, WATAUGA ROAD AND CHAPMAN APPROVED CONSIDERATION OF RESOLUTION SUPPORTING POTHOLE BILL RESOLUTION 84-14 APPROVED CONSIDERATION OF ORDINANCE REGULATING FOOD SERVICE ORDINANCE NO. 1129 APPROVED Mr. Line stated the normal practice was that it there was a situation that did not meet the code, if it was not life threatening, the operator would be given some period of time to correct whatever the problem was. Councilman Kenna moved, seconded by Mayor Pro Tern Davis, to approve Ordinance No. 1129, as amended. Motion carried 7-0. *51. 52. Mayor Pro Tern Davis moved, seconded by Councilman Kenna, to approve the recommendation of the Capital Improvement Program Committee and allocate $27,000 from Street Bond Funds and $22,000 from Revenue Bond Funds to finance this project. Motion carried 7-0. 53. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve this item as recommended by the Staff. Motion carried 7-0. *54. *55. *56. 57. Mr. Kirk Nance, M&W Development Company, appeared before the Council. Mr. Nance stated the first time he presented this request the property description extended out past the Interstate right- of-way line, and Planning and Zoning denied the request. Page 26 May 14, 1984 CONSIDERATION OF LIBRARY MATERIALS FINE POLICY APPROVED CONS IDERATION OF RECONSTRUCTION OF PALOMAR DRIVE FROM ROBERTA TO SUSAN LEE APPROVED CONSIDERATION OF LEASE OF LAND FOR GOLF COURSE APPROVED CONSIDERATION OF ACCEPTANCE OF AUDIT FEE APPROVED CONSIDERATION OF PROPOSAL TO PURCHASE A PARTIAL WATER SYSTEM FROM THE CITY OF KELLER APPROVED CONSIDERATION OF CHANGE ORDER FOR DENTON HIGHWAY WATER EXTENS ION APPROVED CONSIDERATION OF REQUEST OF M & W INVESTMENTS FOR A BILLBOARD SIGN APPROVED Mr. Nance stated he was making this request subject to the zoning and he realized the permit would be useless if the zoning was denied. Mr. Nance stated he would like to have the permit subject to the zoning. Mr. Nance stated he would also like for the platting requirement to be waived since nothing could be placed on the property but a billboard. Councilman Kenna moved, seconded by Councilman Newman, to approve the request contingent on the correct zoning being secured. Mayor Pro Tern Davis stated he felt the cart was being put before the horse because the City did not issue building permits until the zoning was approved. Mayor Pro Tern Davis stated he felt there were plenty of signs already on Loop 820. Mayor Pro Tern Davis asked if the permit was for one sign only. Mr. Nance stated it would be a single pole sign. Mayor Pro Tern Davis called for the question. Motion to approve carried 6-1; Councilmen Ramsey, Fisher, Newman, Kenna and Councilwomen Hinkle and Moody voting for; Mayor Pro Tern Davis voting against. 58. Moved to the beginning of the meeting. 59. Mayor Echols adjourned the meeting of May 14, 1984. ~~ Dan Echols - Mayor ATTEST: Page 27 May 14, 1984 ADJOURNMENT