Loading...
HomeMy WebLinkAboutCC 1984-06-25 Minutes NOTES ON PRE-COUNCIL MEETING JUNE 25, 1984 Present: Dan Echols Richard Davis Dick Fisher Jim Ramsey Marie Hinkle Jim Kenna Virginia Moody Harold Newman Rodger Line Dennis Horvath Rex McEntire Gene Riddle Marjorie Nash Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilwoman Councilman City Manager Assistant City Manager City Attorney Public Works/Utility Director Planning & Zoning Commission ITEM DISCUSSION EXECUTIVE SESSION Postponed until Post-Council. TO DISCUSS PERSONNEL, LAND AND/OR LITIGATION REPORT ON Will be discussed at Budget Work Session. NATIONAL LEAGUE OF CITIES CONGRESSIONAL CITIES CONFERENCE (COUNCILMAN JIM RAMSEY) DISCUSSION OF Changes to ordinances establishing Parks and REVISION OF ORDINANCES Recreation, L""ibrary and Cable TV Advisory Citizen ESTABLISHING PARK AND RECREATION Groups were discussed. In addition to the COMMISSION, LIBRARY BOARD recommended changes presented to the Council, AND CABLE TV BOARD the following items were changed: The Parks & Recreation Commission will be changed to Parks & Recreation Board The Council Representative to the Cable Advisory Committee will be deleted. An additional citizen will be added. ASSIGNMENT Dennis Please follow up for Council Meeting of 7/9/84 lTEM DISCUSSION OF APPOINTMENTS TO BOARDS AND COMMISSIONS DISCUSSION OF POLICY ON NAMING PUBLIC FACILITIES DISCUSSION OF BOND ELECTION PROCESS OTHER ITEMS DISCUSSION The Cable Advisory Board Ordinance will be created by adding a new paragraph #3 from the Mayor's proposed ordinance to the existing ordinance establishing the Cable Advisory Panel, which will thereafter be known as the Cable Advisory Board. Appointments to Boards and Commissions will be discussed at the Budget Work Session. This item has been tabled and the Council directed that no policies be established for naming public facilities. A vote was taken and the results were six in favor of tabling and one opposed. RNL briefed the Council on the various methods of promoting the City-wide bond program. After a lengthy discussion it was decided that the Staff will prepare a preliminary list of projects and a proposed time schedule for the election. Included in the time schedule will be ample time allotted for the selection and inter face coordinating of a citizens task force. 1) Chapman Road - a consensus was reached that a discussion on the reconstruction of Chapman Drive be scheduled for the next Council meeting. 6/25 Pre-Council Page 2 ASSIGNMENT RNL Follow up Gene Follow up 2) Richard Davis discussed the need to stay on top of the grass, weed and mosquito problems. 3) Study of the signal light timing at Rufe Snow and Loop 820 was requested. 4) A presentation by the Parks Director on goals and objectives of the Parks Department. 6/25 Pre-Council Page 3 Gene Follow up Gene Ask Highway Dept. to re-study and revise as needed RNL Schedule for Pre- Council 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 25, 1984 - 7:30 P.M. 1. Mayor Echols called the meeting to order June 25, 1984, at 7:30 p.m. 2. Dan Echols Richard Davis Dick Fisher Marie Hinkle Jim Kenna Virginia Moody Harold Newman Jim Ramsey Present: Staff: Rodger N. Line Dennis Horvath Jeanette Moore Rex McEntire Gene Riddle Richard Albin Lou Spiegel Marjorie Nash Press: Mark England David Doremus Mayor Mayor Pro Tem Councilman Councilwoman Councilman Councilwoman Councilman Councilman City Manager Assistant City Manager City Secretary City Attorney Director Public Works/Utilities City Engineer Finance Director Planning & Zoning Comm. Mid Cities Daily News Northeast Chronicle 3. The invocation was given by Councilwoman Hinkle. 4. Councilman Ramsey moved, seconded by Councilwoman Hinkle, to approve the minutes of the June 11, 1984 meeting. Councilwoman Moody stated that on page 4, item #13, the name was Bartley. Mayor Echols stated that on Page 8, 4th paragraph, the word "stated" should be "started". Motion carried 6-0; Councilman Fisher abstaining due to absence from the meeting. 5. Mayor Echols stated he had a request to speak on Item #13, therefore he would remove item #13 from the Consent Agenda. CALL TO ORDER ROLL CALL INVOCATION CONSIDERATION OF MINUTES OF THE REGULAR MEETING JUNE 11, 1984 APPROVED CONSIDERATION OF REMOVING ITEM (S) FROM THE CONSENT AGENDA 6. Councilman Ramsey moved, seconded by Councilwoman Hinkle, to approve the Consent Agenda. Motion carried 7-0. *7. *8. 8a. Mayor Echols advised the Council that Item 8a had been added to the agenda. Mr. Line stated it was not brought to his attention until today that this item was supposed to be on the agenda. Mr. Line stated that according to the minutes of the May 14th meeting action on the request was postponed until the June 25th meeting. Mr. McEntire advised the Council that this item should be taken up in executive session. Mayor Echols advised that the Council would retire to executive session to discuss this item, after the Citizen presentation. June 25, 1984 Page 2 CONSIDERATION OF CONSENT AGENDA ITEM (S) INDICATED BY ASTERISK (7, 8, 23, 24, 25, 26, 27, 28, & 29) APPROVED PLANNING & ZONING - PS 84-65, REQUEST OF JOHN COOK TO ABANDON FINAL PLAT OF SUNNY MEADOWS ADDITION, 5th FILING (LOCATED EAST OF DAVIS BOULEVARD, BOUNDED ON THE NORTH BY EXISTING SUNNY MEADOWS ADDITION AND ON THE SOUTH BY LA CASITA MOBILE HOME PARK) APPROVED PLANNING & ZONING - PS 83-113, REQUEST OF JOHN COOK TO ABANDON FINAL PLAT OF SUNNY MEADOWS ADDITION, 4TH FILING (LOCATED ON THE EAST SIDE OF DAVIS BOULEVARD, BOUNDED ON THE NORTH BY NEWMAN DRIVE AND LA CASITA MOBILE HOME PARK ON THE SOUTH) APPROVED PLANNING & ZONING PS 84-27, REQUEST OF AUBREY BROTHERS FOR FINAL PLAT OF FLAMINGO ESTATES, SECTION 2 (LOCATED ON THE NORTH SIDE OF FLAMINGO ESTATES, SECTION I AND APPROXIMATELY 700 FEET EAST OF THE INTERSECTION OF EDEN ROAD AND RUMFIELD ROAD APPROVED 9. 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 the public hearing. 10. Councilman Ramsey moved, seconded by Councilman Kenna, to PZ 84-35, Ordinance No. 1128. Councilman Fisher asked if the problem of obstructing traffic on Bob Drive had been looked into. Mr. Line stated he would certainly look into it. Councilman Kenna stated that to change from R-7 MF to R-6-T, seemed to him that the city and everyone else got a good deal when zoning in this direction. Councilman Kenna stated that these were all 1,100 square feet, according to the agenda. Councilman Kenna stated that he thought any time there was a chance to move in this direction it was a good deal. Motion carried 7-0. 11. Mayor Echols stated the background on this request was that they wanted to have two pole signs at the location of Oyster's Restaurant, 8026 Bedford Euless Road. Mayor Echols stated there was one pole sign already in place in the rear of the location. Councilman Ramsey moved, seconded by Councilman Fisher, to deny this request. Mr. Steve Waldrum, Irving, representing Waldrum Sign Company, appeared before the Council. Mr. Waldrum stated the reason they wanted the additional sign was for entrance awareness. Mr. Waldrum stated it would also increase safety to the entrance and also would give more light so the people would be more aware of the entrance. Mr. Waldrum stated Oyster's was suffering a hardship because of a need for this signage based on being able to compete with other restaurants on the same street, which already had an entrance sign. June 25, 1984 Page 3 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) (POSTPONED AT THE MAY 14, 1984 COUNCIL MEETING) APPROVED CONSIDERATION OF ORDINANCE FOR PZ 84-35 ORDINANCE NO. 1128 APPROVED CONS IDERATION OF REQUEST OF OYSTER'S RESTAURANT FOR A VARIANCE TO THE SIGN DENIED Mr. Dan Burben, 7617 Valverde, Fort Worth, Texas, appeared before the Council. Mr. Burben stated the only information needed to give the Council other than what Mr. Waldrum had given was that the building be set back a little bit further than the other restaurants on the street, so when driving by it was not noticeable. Oyster's sets between Daniels and Dos Gringos. Mr. Burben stated that on occasions people came into Oyster's thinking they were at Dos Gringos. Councilman Ramsey stated that the City did have a Sign Ordinance and the Council had been very protective of the Ordinance and had not given out too many variances. Councilman Ramsey stated that according to the Staff there were several restaurants standing in the wings wanting to ask for sign variances. Councilman Ramsey stated he would have to vote against the variance, but at the same time, Councilman Kenna was working on rewriting the ordinance and he would request that this be one of the items taken into consideration in the new study. Mayor Pro Tem Davis stated that regarding the other establish- ments that had two signs, there was a time schedule in the present Sign Ordinance under non-conformance and they would have to remove one of them at some date. Motion carried 6-1; Councilmen Fisher, Ramsey, Kenna and Newman and Councilwoman Moody and Mayor Pro Tem Davis voting for; Councilwoman Hinkle voting against. 12. Mr. McEntire stated he recommended the Council take no action this item. Councilman Kenna moved, seconded by Councilwoman Hinkle, that no action be taken on this item. Mayor Pro Tem Davis asked if the letter from Lone Star Gas stated that whether the Council took action or not, they were going to do it anyway. Mr. McEntire stated yes. Motion carried 7-0. 13. Mr. Ratts, 4921 Wedgeview Drive, appeared before the Council Mr. Ratts stated he just wanted to know what the North Texas Commission was. June 25, 1984 Page 4 CONSIDERATION OF LONE STAR GAS COMPANY'S REQUEST FOR INCREASED CHARG ES FOR MAIN EXTENSIONS (POSTPONED AT THE June 11, 1984 MEETING) NO ACTION TAKEN CONS IDERATION OF RENEWING CONTRACT WITH NORTH TEXAS COMMISSION APPROVED Mr. Line stated that the North Texas Commission was an agency that was created in about 1971, with the idea the DFW Regional Airport was to be opened about that time and there would be a very vigorous, area wide, far reaching program put in place to promote the benefits of the airport to capitalize as much as possible on the economic stimulus to the economy of the entire North Texas area. Mr. Line stated that in his opinion the North Texas Commission had been instrumental in bringing the Dallas/Fort Worth area and its airport to the attention of economic decision makers on a National basis they certainly could not be given all the credit, but a lot of the credit for the very strong economy that the area had enjoyed over the last ten or twelve years. Mr. Line stated that in his opinion it was very appropriate that the City of North Richland Hills participate in the effort to continue a strong economy. Councilwoman Hinkle moved, seconded by Councilwoman Moody, to approve the contract with the North Texas Commission. Motion carried 7-0. *14. *15. *16. *17. June 25, 1984 Page 5 CONSIDERATION OF AMENDMENTS TO ORDINANCE NO. 310 REGARDING ELECTRICAL CODE ORDINANCE NO. 1136 APPROVED CONSIDERATION OF BIDS FOR MACKEY CREEK CHANNEL IMPROVEMENTS, PHASE V APPROVED CONS ID ERAT ION OF PARTIAL PAYMENT, ESTIMATE #9, IN THE AMOUNT OF $31,148.60 TO M. A. VINSON CONSTRUCTION COMPANY - WALKER BRANCH DRAINAGE IMPROVEMENTS APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #10, IN THE AMOUNT OF $55,260.91 - RUFE SNOW DRIVE PHASE II APPROVED 18. Councilman Kenna moved, seconded by Councilwoman Moody, to grant the appeal hearing to be heard August 13, 1984. Motion carried 7-0. 19. Mr. Jim Ratts, 4921 Wedgeview, appeared before the Council Mr. Ratts asked if the bonds had already been voted on. Mayor Echols stated that these were revenue bonds which were refunded through the process of the water and sewer revenues. That was where the term revenue came from. Mayor Echols stated the bonds were sold in view of the revenue that would be produced from those items. Mayor Echols stated that these were not general obligation bonds. Mayor Echols stated that these bonds were for the construction of a sewer outfall line, which would satisfy a portion of the City's obligation in regard to the Watauga sewer system. Councilman Kenna moved, seconded by Councilman Ramsey, to approve Resolution No. 84-18. Motion carried 7-0. Mayor Echols recognized Mr. John NaIl, representative for Flamingo Estates, and advised him that item would be taken up in executive session. Mr. John NaIl appeared before the Council and advised that he would be happy to answer any questions. Mr. McEntire asked Mr. NaIl if his client was willing to execute a letter of indemnity. Mr. NaIl replied yes. Mayor Echols asked if there was any guarantee that could be put on this where it could be enforced over a period of time. Mr.McEntire stated it would be a general indemnity and was good for ever. 20. Mr. R. R. Childs, 412 Crosstimber, Hurst, appeared before Council Mr. Childs stated he had a rent house at 4208 Keeter, North Richland Hills, and had a drainage problem because a neighbor had put up a fence with concrete under it. Mr. Childs stated the people that rented his house were afraid to leave when a cloud came up because it might flood. Mr. Childs stated it was his understanding that the fence was installed without a permit. Mr. Childs stated he would like to know if there was something the city could do about the situation. Mr. Childs stated the City Inspector had come out and the man would not talk to him. June 25, 1984 Page 6 CONSIDERATION OF GRANTING AN APPEAL HEARING TO JONCO DEVELOPMENT - PZ 84-45 CONSIDERATION OF RESOLUTION GIVING NOTICE OF INTENT TO PROCEED WITH THE SALE OF $2,000,000 IN WATER AND SEWER BONDS RESOLUTION NO. 84-15 APPROVED CITIZEN PRESENTATIONS 1) R.R. CHILDS 412 CROSSTIMBER DRIVE HURST, TEXAS RE: DRAINAGE PROBLEM AT 4208 KEETER 2) JOHN HITES 7405 FORREST LANE NORTH RICHLAND HILLS, TEXAS RE: KEEPING OF PIGEONS NOT PRESENT Mayor Echols asked Mr. Childs if he had considered filing a complaint other than asking the inspector to come out. Mr. Childs stated he had talked to an attorney about it, but had rather not go to court. Mayor Echols stated he would have the City Staff investigate the situation further. Mr. Line stated he had discussed this with Mr. Childs earlier and would be glad to investigate it, if Council so directs, but needed some specifics as to what is supposed to be investigated. Mr. Line stated as he understood the situation it was a problem between two privately owned pieces of property where one had erected a fence which Mr. Childs felt was causing problems for his property. Mr. Line stated that even though the fence may not have been permitted when it was erected, he did not think the courts would allow the City to tear the fence down. Mr. Childs asked if there was not a law that you could not interfere with the natural flow of water. Mr. McEntire stated the City did not enforce that law, the courts did. Mr. Childs stated he did not want the fence torn down, only a hole in the cement so the water could go through. Mr. Childs stated the man had fenced off an easement in the back. Could he lower his yard and let the water run out the easement? Mayor Echols stated he could if it did not incur liability against someone else. Councilman Kenna asked who the easement belonged to. Mr. Childs stated it was a utility easement. Mr. Riddle stated he had looked at this problem about two years ago. One of the problems was the house itself. Mr. Riddle stated the house was built almost flat on the ground and then came up to the back of it. Mr. Riddle stated he had talked with Mr. Childs at that time and Mr. Childs had mentioned cutting the easement down and he advised him he should make sure he did not damage the apartments behind him. Mr. Riddle stated there were several problems there. He had also looked at the fence. Whether there was a permit or not he could not determine, but the fence was weathered and old and not erected at that time. Mr. Riddle stated that Mr. Childs' house was built low and water would tend to get in it even if it did not come from someone elses property. June 25, 1984 Page 7 3) RAY HALL 8108 TIMBERHILL CT. NORTH RICHLAND HILLS, TEXAS RE: KEEPING OF PIGEONS NOT PRESENT Mayor Echols asked Mr. Childs if he could drain the water off with out harming someone elses property. Mr. Childs stated there was one house below him and he was not sure if the water would bother him or not. Mayor Echols stated he felt Mr. Childs should exercise his judgement on whether or not he could solve the problem without harming someone else. 2) John Hites - not present 3) Ray Hall - not present Mr. John Townsend, 5021 Nancy Lane, appeared before the Council. Mr. Townsend stated he had received his tax notice and he was speaking for himself and other people on fixed income. Mr. Townsend stated he thought his tax rate with the City was frozen, but according to the form he received there was a 65% increase for next year. Mr. Townsend asked the Council if they had thought about any kind of relief for people like himself . Mayor Echols advised Mr. Townsend that the tax rate for next year had not been set. Mayor Echols stated the statement that Mr. Townsend had received was merely a projection of what it would be if the tax rate stayed the same as it was and it would not be able to do that because of the requirements of State Law, which would require that the tax rate be adjusted to where it could be no more than 3% above the previous year unless there was an election. Mayor Echols stated the figures that Mr. Townsend was looking at was not accurate as far as what his tax would be next year. Mr. Townsend stated that in that case his taxes could be more. Mayor Echols stated no, it could be no more than 3% over last year without an election to permit it. Mr. Line stated that he understood that what Tarrant Appraisal did was that they computed the rate for the City of North Richland Hills that would produce the same amount of income from taxes exclusive of new construction and base their calculation on what the tax bill would be on that so called calculated rate. Mr. Line stated their calculated rate already presumed a reduction in the tax rate. Mr. Line stated the 1983 tax rate was $0.50. The notices that were going out presumed a rate of about $0.39, so there was already slightly more than a 10% to 20% reduction. June 25, 1984 Page 8 Mr. Townsend stated his taxes went from $75.00 to $116.00 so that was a 65% increase in his tax. Mayor Echols asked what the percentage of increase was on his property. Mr. Townsend stated from $28,000 to $42,000. Mayor Echols stated the Council would take this into consideration when the tax rate was set to try to do the best they could. Mr. Roy Burks, 6821 Corona, appeared before the Council. Mr. Burks stated he was here tonight representing his neighbors on a zoning problem on Corona. Mr. Burks stated the neighborhood was made up of $75,000 to $150,000 homes located behind the church. Mr. Burks stated the church purchased one of the homes adjacent to their own property and the property owners were told the church needed the house for living quarters for their janitor and for storage for donated goods. Mr. Burks stated they were supposed to keep the yard up and maintain the house for residential use. Mr. Burks stated that two weeks ago desks and office equipment were moved into the house and they were told the church intended to use the house for an office. Mr. Burks stated that the 1984 official Zoning Map showed that 6809 Corona was zoned R-2-Residential, which prohibited the use as office space. Mr. Burks stated the Chief Zoning Clerk of the City was notified of the problem two weeks ago and no action was taken until three other complaints were made. Mr. Burks stated he was advised the church had been contacted and intended to request a variance from the Zoning Board of Adjustments and could continue to use the house in violation of the Zoning Ordinance until a hearing was scheduled. Mr. Burks stated that all of the church property, including this house, was put up for sale, presumably to the highest bidder. There- fore, those who were present tonight would like to be on record as opposing any action by the City that would allow office space in their neighborhood. Mr. Burks stated they would like to also object to the slow reaction on the part of the City. The unconcerned attitude of the City Staff and the apparent reluctancy of the City to put a stop to an obvious violation of the Zoning Ordinance. Mayor Echols stated that he assumed that if further complaints were made something would be done, citations issued or whatever was necessary. Mr. Line stated that normally when someone had made the request for a variance, the Staff did not issue citations to anyone until the request was heard. June 25, 1984 Page 9 Mr. Burks asked if they could continue to run the office. Mr. McEntire stated that if there was a case pending before the Board of Adjustment, normally citations were not issued and the case should be heard within about 30 days. Mr. Burks asked if the property owners would be notified when the case was to be heard. Mayor Echols stated they would be notified and the Staff would check and see if such a case had been filed. Councilman Ramsey stated he disagreed that the case should go to the Zoning Board of Adjustments. He felt if the house was being used as an office it was not in compliance with the Zoning Ordinance and should go to the Planning and Zoning Commission. Councilman Ramsey stated that someone needed to check into it and if the decision was made that it should go to Planning and Zoning, then someone needed to issue a citation. Mr. Line stated that if the church was not taking action to get it resolved, then the Staff would proceed. Councilwoman Moody stated she had some calls on this problem and called and talked with one of the Inspectors. Councilwoman Moody stated the Inspector advised her that a meeting was to be set up with Mr. Riddle and the representative of the church to try and resolve the problem. Mr. Riddle stated he had talked with the minister on Thursday and he wanted to set up a meeting but he left town. Mr. Riddle stated he would be leaving town by the time the minister returned. Mr. Riddle stated the minister was suppose to have a meeting with the neighbors. Councilwoman Moody asked if it would be two weeks before a meeting could be set. Mr. Riddle stated the church could file a zoning case anytime. Councilwoman Moody asked if they could continue to operate out of the house until they filed for rezoning. Mr. Riddle stated that the City normally lets a person have that much time until they went through a zoning process. Mr. Riddle stated that as far as he knew they had not filed an application with the Board of Adjustments. Mr. Line stated the City would not let it drag out two weeks. If the church was unable to resolve the problem and not take action to get the zoning changed, then the City would act and use whatever authority the City had. June 25, 1984 Page 10 Mr. Burks asked if the longer the church used the property for an office, did it damage the homeowners case. Mr. McEntire asked how long the church had been using the house for an office. Mr. Burks stated about two weeks. Mr. Burks stated that the neighbors had met with representatives of the church several times before the office was moved in and they assured them it would be used for residential purposes. Mr. Line asked Mr. Burks if they had met with them since the office had been moved in. Mr. Burks stated they had tried to but had no luck. Mayor Pro Tem Davis stated that even though the Council could not take action the Council did support this fact; the Council was not in favor of someone running an office in a residential area. Mayor Pro Tem Davis stated that he agreed with Councilman Ramsey that this was not a case for the Board of Adjustment, it was changing the use of the land. Mayor Pro Tem Davis stated he felt there was grounds for issuing a citation, but they would have the right to go before the Planning Zoning Commission for a public hearing and everyone within 200 feet would be notified of meeting. Mayor Pro Tem Davis stated the Planning and Zoning Commission would make their recommendations to the Council. There would be two public hearings that the property owners would be notified of. Mr. Burks asked how long it would be before action was taken, how long did the church have to file. Councilwoman Moody stated that Mr. Line had said if the church did not take action soon, then the City would be forced to take action. Mr. Line stated that if the church had not taken action by the end of the week the City would proceed to force the issue. Mayor Echols adjourned to 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. 8a. Mayor Pro Tem Davis moved, seconded by Councilman Kenna, to approve PS 84-27 subject to an indemnity agreement being received by the City and approved by the City Attorney and City Staff. June 25, 1984 Page 11 EXECUTIVE SESSION BACK TO ORDER Motion carried 6-1; Councilman Ramsey, Fisher, Newman, Kenna and Mayor Pro Tem Davis and Councilwoman Hinkle voting for; Councilwoman Moody voting against. 21. Councilman Kenna moved, seconded by Councilman Ramsey, to adjourn the meeting of June 25, 1984. Motion carried 7-0. ~ du1¿ June 25, 1984 Page 12 ADJOURNMENT Dan Echols - Mayor ATTEST: ~