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HomeMy WebLinkAboutCC 1984-06-11 Minutes NOTES ON PRE-COUNCIL MEETING JUNE 11, 1984 Present: Dan Echols Richard Davis Jim Ramsey Marie Hinkle Jim Kenna Virginia Moody Harold Newman Rodger Line Rex McEntire Gene Riddle Marjorie Nash Mayor Mayor Pro Tem Councilman Councilwoman Councilman Councilwoman Councilman City Manager City Attorney Public Works/Utility Director Planning & Zoning Commission Absent: Dick Fisher Dennis Horvath Councilman Assistant City Manager ITEM DISCUSSION DISCUSSION OF NEW RESPONSIBI- LITIES FOR CABLE T.V. COMMISSION- MAYOR ECHOLS Mayor Echols suggested changing the Cable T.V. Ordinance to increase the number of members and other changes. The Council stated that the Council Agendas would be on cable the Friday before the Council Meeting and if the Planning and Zoning Commission agreed, their meetings will be televised on cable as a pilot program. DISCUSSION OF POSSIBLE AMEND- MENTS TO NUISANCE ORDINANCE A) KEEPING OF BEES B) KEEPING OF PIGEONS The two items, keeping of bees and keeping of pigeons, that the Mayor brought up were discussed. The Mayor suggested to amend Ordinance #461, the Nuisance Ordinance, to prohibit the keeping of bees within 300 feet of another resident. The Council discussed that portion relating to pigeons and it was decided that pigeons were restricted enough. ASSIGNMENT ITEM DISCUSSION OF NATIONAL LEAGUE OF CITIES CONFERENCE - MAYOR ECHOLS DISCUSSION OF USE OF CITY CABLE - COUNCILWOMAN MOODY DISCUSSION OF PLANNING PROCESS AND SCHEDULE OF BOND ELECTION DISCUSSION RNL stated that there would probably be some people that would be present at the Council Meeting to ask that the Ordinance be relaxed. It was decided to put both items on an Agenda for Tuesday night, June 19th. The Council discussed which Council members would attend this conference and it was decided that this item would be discussed at the Budget Work Session. Comments included in Item #1. Page Two 6/11 Pre-Council ASSIGNMENT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL - 7301 NORTHEAST LOOP 820 - JUNE 11, 1984 - 7:30 P.M. 1. Mayor Echols called the meeting to order June 11, 1984, at 7:30 p.m. 2. Dan Echols Richard Davis Marie Hinkle Jim Kenna Virginia Moody Harold Newman Jim Ramsey Present: Staff : Rodger N. Line Jeanette Moore Rex McEntire Gene Riddle Richard Albin Lou Spiegel Marjorie Nash Absent: Dick Fisher Dennis Horvath Press: Mark England David Doremus Mayor Mayor Pro Tem Councilwoman Councilman Councilwoman Councilman Councilman City Manager City Secretary City Attorney Director Public Works/Utilities City Engineer Finance Director Planning & Zoning Comm. Councilman Assistant City Manager Mid Cities Daily News Northeast Chronicle 3. The invocation was given by Councilwoman Hinkle. 4. Mayor Pro Tem Davis moved, seconded by Councilman Kenna, to approve the minutes of the May 14, 1984 meeting. Motion carried 6-0. 5. NONE 6. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve the Consent Agenda. Motion carried 6-0. CALL TO ORDER ROLL CALL INVOCATION CONSIDERATION OF MINUTES OF THE REGULAR MEETING MAY 14, 1984 APPROVED CONSIDERATION OF REMOVING ITEM (S) FROM THE CONSENT AGENDA CONSIDERATION OF CONSENT AGENDA ITEM (S) INDICATED BY ASTERISK (7, 23, 24, 25, 26, 27, 28, & 29) APPROVED *7. 8. Mayor Pro Tem Davis moved, seconded by Councilwoman Hinkle, to approve PS 84-42. Mayor Echols asked if there would be a problem with the drainage. Mayor Pro Tem Davis stated no. Motion carried 6-0. 9. Councilman Kenna moved, seconded by Councilman Ramsey, to approve PS 84-42. Motion carried 6-0. 10. Councilman Ramsey moved, seconded by Councilman Newman, to approve PS 84-49. Councilman Davis stated there was a letter concerning the drainage and asked if there would be drainage problems. Mr. Albin stated that according to the developers' engineer the drainage could be handled by the street right-of-way downstream and he had no reason to question the drainage. Motion carried 6-0. Mayor Echols stated that if anyone that had just come in was interested in Item #9, it had already been acted on. Mayor Echols asked if anyone wished to speak on Item #9. June 11, 1984 Page 2 PLANNING & ZONING - PS 84-29, REQUEST OF LARRY C. YOUNG FOR SHORT FORM PLAT OF LOT 1, BLOCK 3, HENRY ADDITION (LOCATED AT THE SOUTHEAST CORNER OF GLENVIEW DRIVE AND FLORY STREET) APPROVED PLANNING & ZONING - PS 84-42, REQUEST OF QUADRANGLE DEVELOP- MENT COMPANY FOR FINAL PLAT OF CENTURY OAKS ADDITION (LOCATED ON THE NORTH SIDE OF HIGHTOWER DRIVE BOUNDED ON THE EAST BY SMITHFIELD ROAD AND ON THE WEST BY BRIARWOOD ESTATES) APPROVED PLANNING & ZONING - PS 84-43, REQUEST OF CHARLES OWEN FOR REPLAT OF LOT 3, BLOCK 3, INDUSTRIAL PARK ADDITION (LOCATED ON THE NORTHWEST SIDE OF WULIGER WAY, BOUNDED ON THE NORTH BY THE CITY OF WATAUGA) APPROVED PLANNING & ZONING - PS 84-49, REQUEST OF THE KROGER COMPANY FOR FINAL PLAT OF LOTS 2 THRU 5, BLOCK 1, NORTHLAND SHOPPING CENTER ADDITION (LOCATED ON THE EAST SIDE OF RUFE SNOW DRIVE AND BOUNDED ON THE NORTH BY WATAUGA ROAD) Mayor Pro Tem Davis asked for a point of order and asked if a motion to reconsider Item #9 was being asked for. Mayor Echols stated he would find out what the gentleman's concern was. Mr. John NaIl, Engineer, appeared before the Council. Mr. Nall stated the concern of the owner of the project was whether the approval included the adding of two additional lots. Mr. Line stated the Council's action was to approve the plat as recommended by the Planning and Zoning Commission. Mr. Line stated it was his understanding that the applicant wanted to carve out two lots after Planning and Zoning had already approved the plat. Mr. NaIl stated the primary concern of his client was to get the plat approved. Mr. NaIl stated the second concern, for the sake of time, was that his client had two purchasers ready to purchase the two lots and it would be August before the property could be replated. Mayor Echols asked if this was in order at this time or should it be brought back later. Mr. Line stated there were engineering and legal questions and should be brought back at a later date. Councilman Ramsey stated he felt the whole process was out of order and felt a point of order should be called and the Council should get back to the agenda, if someone on the affirmed side wanted to resurrect Item #9 for reconsideration that was fine. Councilman Ramsey called a point of order, seconded by Councilman Kenna. Mr. Albin stated the property would have to be replated anyway, because there were no easements, fire lanes, etc., shown on the present plat. Mayor Pro Tem Davis moved, to reconsider Item #9. Motion died for the lack of a second. June 11, 1984 Page 3 11. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of the request to please come forward. Mr. Bob Minyard, Vice President - Minyard, appeared before the Council. Mr. Minyard stated they would like to sell beer for off premise consumption. Mayor Echols asked the name for whom the permit would be issued. Mr. Minyard stated Bob Minyard. Mayor Echols called for anyone wishing to speak in opposition to the request. There being no one else wishing to speak, Mayor Echols closed the public hearing. 12. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve PZ 84-36, Ordinance No. 1130, permit to be in the name of Bob Minyard and non-transferable. Motion carried 6-0. 13. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of the request to please come forward. Mr. G. W. Austin, Hurst, appeared before the Council. Mr. Austin stated he would appreciate the Council's favorable consideration of the request. Mayor Echols called for anyone wishing to speak in opposition to the request to please come forward. Mrs. Edith Barclay,7424 Continental Trail, appeared before the Council. Mrs. Bartclay stated that the east side of her property would abut the proposed development. Mrs. Bartclay stated there would be six backyards that would back up to her and she would like to see if there was something that could be done about requiring that fences be required. Mrs. Bartclay stated that she was also concerned about the drainage, that there was a dry creek bed that dumped into the pond and the pond spilleµ over into what was normally a dry creek bed. Mrs. Bartclay stated they were having problems with a ditch that had been constructed south of Bursey Road and with the extra amount of water coming down the dry creek bed and emptying into the stock pond which now flooded every time it rained. Therefore, she was worried about excess drainage. June 11, 1984 Page 4 PLANNING & ZONING - PUBLIC HEARING PZ 84-36, REQUEST OF MINYARD PROPERTIES, INCORPORATED TO REZONE LOT 13, BLOCK 13, SNOW HEIGHTS NORTH ADDITION FROM C-2 (COMMERCIAL) TO C-2-SPECIFIC USE-SALE OF BEER FOR OFF PREMISE CONSUMPTION (LOCATED ON THE SOUTH SIDE OF LEWIS DRIVE, APPROXIMATELY 285 FEET EAST OF RUFE SNOW DRIVE) CONSIDERATION OF ORDINANCE FOR PZ 84-36 ORDINANCE NO. 1130 APPROVED PLANNING & ZONING - PUBLIC HEARING PZ 84-38, REQUEST OF KINGS WOOD ESTATED NORTH JOINT VENTURE TO REZONE A PORTION OF TRACT 1, ALEX HOOD SURVEY, ABSTRACT 683 AND A PORTION OF TRACT 2, S. RICHARDSON SURVEY, ABSTRACT 1266 FROM AG (AGRICULTURE) TO R-2 (SINGLE FAMILY) (LOCATED ON THE NORTH SIDE OF BURSEY ROAD, BOUNDED ON THE WEST BY GREEN VALLEY COUNTRY ESTATES) Mrs. Bartclay stated she was also concerned about the increase of cars on Bursey Road. Bursey Road could not handle the traffic at the present time. Mr. Doug Long, Engineer, appeared before the Council. Mr. Long stated that he was in the process of getting an up-to-date topo map and the drainage would be addressed with the preliminary and final plat. Mr. Long stated all the problems would be addressed. There being no one else wishing to speak, Mayor Echols closed the public hearing. 14. Councilman Kenna moved, seconded by Councilman Newman, to approve PZ 84-38, Ordinance No. 1131. Councilwoman Moody stated that Mr. Long had said that it was premature to discuss drainage and traffic, but she would like to have some assurance that the problems would be taken care of because there was a critical drainage problem. Mr. Long stated they knew that the drainage had to be handled and if they did not solve the problem they would not have a subdivision. Mr. Long stated they had to have the zoning before anything could be done. Mayor Pro Tem Davis stated that the developer must meet the subdivision ordinance. The main concern was land use. Motion carried 6-0. 15. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of the request to please come forward. Ms. Barbara Brown, Builder, appeared before the Council. Ms. Brown stated she wanted to split one acre into two lots. Ms. Brown stated there was an existing house on the property and she wanted to build another house on the other half acre. Mayor Pro Tem Davis asked how large the existing house was. Ms. Brown stated 2,600 square feet. Mayor Pro Tem Davis asked how large a house Ms. Brown planned on building. Ms. Brown stated 2,000 square feet. Mayor Pro Tem Davis asked Ms. Brown if she would have any problems with the stipulation of 2,000 square feet being placed on the zoning. June 11, 1984 Page 5 CONSIDERATION OF ORDINANCE FOR PZ 84-38 ORDINANCE NO. 1131 APPROVED PLANNING & ZONING - PUBLIC HEARING PZ 84-39, REQUEST OF W.C. BIGGERSTAFF TO REZONE TRACT 2K, JOHN CONDRA SURVEY, ABSTRACT 311 FROM AG (AGRICULTURE) TO R-2 (SINGLE FAMILY) (LOCATED AT THE NORTHWEST CORNER OF DOUGLAS LANE AND WOODBEND PARK ROAD) Ms. Brown stated there were smaller homes in the area, but the one she planned to build would be 2,000 square feet. 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. 16. Councilman Ramsey moved, seconded by Councilman Newman, to approve PZ 84-39, Ordinance No. 1132. Motion carried 6-0. 17. Councilman Kenna moved, seconded by Councilman Ramsey, to approve PS 84-53. Motion carried 6-0. 18. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of the request to please come forward. Mr. Lee Bovea, 3737 Matson, appeared before the Council. Mr. Bovea stated he would respectfully ask the Council to approve the request of the establishment to carryon the sale of beer for off-premise consumption. Mayor Echols asked the name for whom the permit would be issued. Mr. Bovea stated the permit would be issued in the name of Lee Bovea. 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. 19. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve PZ 84-40, Ordinance No. 1133, permit to be issued in the name of Lee Bovea and non-transferable. Motion carried 6-0. June 11, 1984 Page 6 CONSIDERATION OF ORDINANCE FOR PZ 84-39 ORDINANCE NO. 1132 APPROVED PLANNING & ZONING - PS 84-53, REQUEST OF W.C. BIGGERSTAFF FOR FINAL PLAT OF LOTS 7 & 8, BLOCK 10, WINDCREST ADDITION (LOCATED AT THE NORTHWEST CORNER OF DOUGLAS LANE AND WOODBEND PARK ROAD) APPROVED PLANNING & ZONING - PUBLIC HEARING PZ 84-40, REQUEST OF HARMON'S OF TEXAS, INCORPORATED TO REZONE LOT 1, BLOCK 31, COLLEGE HILLS ADDITION FROM C-I-SPECIFIC USE SALE OF BEER FOR OFF PREMISE CONSUMPTION TO C-I-SPECIFIC USE-SALE OF BEER FOR OFF PREMISE CONSUMPTION (TRANSFER TO NEW OWNER) (LOCATED AT THE INTERSECTION OF SMITHFIELD ROAD AND DAVIS BOULEVARD) CONSIDERATION OF ORDINANCE FOR PZ 84-40 ORDINANCE NO. 1133 APPROVED 20. Mayor Echols advised the Council that this request could be heard July 9, 1984. Councilman Ramsey stated there would be a problem having the hearing on July 9th because there would not be a full Council present. Councilman Kenna moved, seconded by Councilman Ramsey, to set the appeal hearing for August 13, 1984. Motion carried 6-0. 21. Mr. McEntire presented the following Ordinance: WHEREAS, Texas Utilities Electric Company filed an application for increase in rates with the City of North Richland Hills on March 9, 1984, as shown by the schedule of rates filed on such date; and WHEREAS, such rates was suspended for 90 days for study; and WHEREAS, the City Council and Staff have made a study of this rate schedule and have determined that the following action be taken. NOW, THEREFORE, be it ordained by the City Council of the City of North Richland Hills, that: The schedule of rates filed by Texas Utilities Electric Company on or about March 9, 1984, be and are hereby, in all things disapproved and denied. Mayor Pro Tem Davis moved, seconded by Councilman Ramsey, to approve Ordinance No. 1134. Motion carried. 6-0. 22. Mr Line stated that he had forwarded the letter from Lone Star Gas Company to the City Council with the recommendation that the City Attorney be asked to indicate whether or not the Council had any jurisdiction over this matter. Mr. McEntire stated that the Council might want to let the representative from Lone Star Gas either at this time or sometime in the future review what the company's current policy was in respect to charges in distances for these extensions. Mr. McEntire stated the Council might want to know what the cost would be for new customers. Mr. Al Singletary, Representative, Lone Star Gas Company. appeared before the Council. June 11, 1984 Page 7 CONSIDERATION OF REQUEST OF BURSEY JOINT VENTURE FOR AN APPEAL HEARING ON PZ 84-22 CONSIDERATION OF AND ACTION ON TEXAS UTILITIES ELECTRIC COMPANY RATE CASE ORDINANCE NO. 1134 APPROVED CONS ID ERAT ION OF REQUEST OF LONE STAR GAS COMPANY - CHARGES FOR MAIN EXTENSIONS POSTPONED Mr. Singletary stated that they were asking the Council to approve the increase for the extension of the main line beyond the 100 limit provided without a direct charge for residential service. Mr. Singletary stated the current rate was $4.50 per foot, established in 1976. It would be changed to $5.40 per foot and would be adjusted annually to reflect current cost of construction. Mr. Singletary stated the proposed charges for main line extensions would not directly increase or decrease the revenue requirement for gas sales to residential or commercial customers. Mr. Singletary stated these cost would be mainly to new people that were wanting gas lines extended to their residences or commercial businesses. Mayor Pro Tem Davis asked if it was required that the Council actually take action. Mr. Singletary stated it could be passed by ordinance or become effective by operation of law. Councilman Kenna asked if the 100 feet started at the closest existing line. Mr. Singletary replied yes. After further discussion, Councilman Ramsey moved, seconded by Councilman Kenna to refer the request to the City Attorney for study and be brought back to the Council June 25, 1984. Motion carried 6-0. *23. *24. *25. June 11, 1984 Page 8 CONSIDERATION OF ACCEPTING BID FOR CALLOWAY ACRES STREET AND DRAINAGE PROJECT APPROVED CONSIDERATION OF ACCEPTING BID FOR HIGH SERVICE PUMP AT CONN DRIVE BOOSTER STATION APPROVED CONSIDERATION OF STREET LIGHTING PROJECT ON RUFE SNOW DRIVE APPROVED *26. *27. *28. *29. 30. None 31. Mayor Pro Tem Davis moved, seconded by Councilman Kenna, to adjourn the meeting of June 11, 1984. Motion carried 6-0. ~~ June 11, 1984 Page 9 CONSIDERATION OF RESOLUTION VACATING A 20 FOOT EASEMENT ON LOT 9, BLOCK 1, SCHLINGER ADDITION IN THE CITY OF WATAUGA APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #9 TO AUSTIN ROAD COMPANY IN THE AMOUNT OF $14,181.40 - RUFE SNOW DRIVE, PHASE II APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #2 TO MICA CORPORATION IN THE AMOUNT OF $12,120.00 - TRAFFIC SIGNALIZA- TION ON RUFE SNOW DRIVE APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE /16 TO STEELE-FREEMAN, INCORPORATED IN THE AMOUNT OF $144,933.52 - NORTHFIELD AND NORICH PARK IMPROVE- MENTS APPROVED CITIZEN PRESENTATION ADJOURNMENT Dan Echols - Mayor ATTEST: