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HomeMy WebLinkAboutCC 1984-10-08 Minutes NOTES ON PRE-COUNCIL MEETING OCTOBER 8, 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 Lee Maness John Whitney Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilwoman Councilman City Manager Assistant City Manager City Attorney Public Works/Utility Director Finance Director Purchasing Agent ITEM DISCUSSION ASSIGNMENT on the water lines in Glenann and other subdivisions Gene/Lee Follow up for action on 10/22/84 RNL briefed the Council on the electrolysis problem within the City. RNL will meet with Director of Finance and Public Works and present a recommended course of action at the next Council Meeting. DISCUSSION OF RNL briefed the Council on the need for additional NAN RATIFICATION OF CONTRACT WITH funds for Larry Dixson, Architect, to design the new LARRY W. DIXSON, ARCHITECT, FOR Fire Station. Site plan and location recommendation NEW FIRE STATION will be forwarded to the Council at a later date. DISCUSSION OF BIDS FOR FIRE AND POLICE VEHICLES There was discussion on the bid items #26-31. NAN One question regarded the need for full size vehicles for Fire Inspectors, when Detectives use mid-size. The Detectives carry a very small amount of equipment in routine investigations due to the availability of the Crime Scene Search Van. The Fire Investigators are required to carry a large 10/8 Pre-Council Page 2 ITEM DISCUSSION ASSIGNMENT quantity of specialized fire investigation equipment in their vehicles. DISCUSSION OF CITY PARTICI- PATION FOR IMPROVEMENTS ON HIGHTOWER DRIVE There was a lengthy discussion on the City's RNL/GENE Follow up participation on improvements on Hightower Drive. Mrs. Parker, who lives on Smithfield Road, and the developer of Century Oaks appeared before the Council. The question was to be resolved in open Council Meeting. DISCUSSION OF This item was not discussed at Pre-Council due to STANLEY PESKIND'S REQUEST FOR time element. SIGNALIZATION AND STREET IMPROVE- MENTS ON RUFE SNOW DRIVE NAN DISCUSSION OF This item was not discussed at Pre-Council due to DATE FOR JOINT WORK SESSION time element. FOR CITY COUNCIL AND PLANNING & ZONING COMMISSION NAN 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 - OCTOBER 8, 1984 - 7:30 P.M. 1. Mayor Echols called the meeting to order October 8, 1984, at 7:30 p.m. 2. Present: Dan Echols Richard Davis Dick Fisher Marie Hinkle Jim Kenna Virginia Moody Harold Newman Jim Ramsey Staff: Rodger N. Line Dennis Horvath Jeanette Moore Rex McEntire Gene Riddle Richard Albin Lee Maness John Whitney Press: Duward Bean Mark England CALL TO ORDER Mayor Mayor Pro Tem Councilman Councilwoman Councilman Councilwoman Councilman Councilman ROLL CALL City Manager Assistant City Manager City Secretary City Attorney Director Public Works/Utilities City Engineer Finance Director Purchasing Agent Northeast Chronicle Mid Cities Daily News 3. The invocation was given by Mayor Pro Tem Davis. INVOCATION 4. Councilman Kenna moved, seconded by Councilman Newman, to approve the minutes of the regular meeting September 24, 1984. Motion carried 7-0. CONS ID ERATI ON OF MINUTES OF THE REGULAR MEETING SEPTEMBER 24, 1984 APPROVED 5. Councilwoman Moody moved, seconded by Councilwoman Hinkle, to approve the minutes of the special meeting September 27, 1984. CONSIDERATION OF MINUTES OF THE SPECIAL MEETING SEPTEMBER 27, 1984 APPROVED Motion carried 6-0; Mayor Pro Tem Davis abstaining due to absence. 6. Mayor Pro Tem Davis removed items #34 and #35. CONSIDERATION OF REMOVING ITEM (S) FROM THE CONSENT AGENDA 7. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve the Consent Agenda. Motion carried 7-0. 8. Mayor Echols advised that this item would be passed until the recipient was present. 9. Mayor Echols advised that the following recommendations had been made: Reappoint Davis McGilvary (term exp1r1ng 10/8/87), Place 2; J. Douglas Davis (term expiring 10/8/87), Place 3; Don Tipps (term expiring 10/8/87), Place 4; Neil McCombs (term expiring 10/8/86, Place 5; Bill Burk (term expiring 10/8/86), Place 6; Howard Nix (term expiring 10/8/85), Place 7, vacant. Mayor Echols stated that Councilwoman Moody had a recommenda- tion for Place 7. Councilwoman Moody recommended the appointment of Vonnie Waiser for Place 7. Councilman Ramsey called for point of order. Councilman Ramsey stated this was a Mayor's appointment. Mayor Echols stated that he was the one that gave Councilwoman Moody the profile sheet on Vonnie Waiser. Councilman Ramsey asked that in the future all Council members be furnished profile sheets on perspective board members. Councilwoman Moody moved, seconded by Councilman Fisher to approve the appointments as recommended. Motion carried 7-0. October 8, 1984 Page 2 CONSIDERATION OF CONSENT AGENDA ITEM (S) INDICATED BY ASTERISK (22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 & 33) APPROVED PRESENTATION OF PROCLAMATION BY MAYOR ECHOLS CONSIDERATION OF APPOINTMENTS TO THE PARK AND RECREATION BOARD APPROVED October 8, 1984 Page 3 10. Mr. Gary Nickleson, representing Mr. and Mrs. Byrd, appeared PLANNING & ZONING _ before the Council. PUBLIC HEARING-APPEAL HEARING, PZ 84-52, Mr. Nickleson stated that the Byrd's had lived in the City REQUEST OF DOYNE S. since 1959 and started their business, Byrd's Automotive, in BYRD FOR AN APPEAL 1961. Mr. Nickleson stated the first request the Byrd's made HEARING TO REZONE LOT for a zoning change was considered by the Planning and Zoning 3R, BLOCK 23, Commission in June, 1983 and at that time was approved. Mr. CLEARVIEW ADDITION Nickleson stated that when the request went before the Council FROM C-1 (COMMERCIAL) for approval it was denied. Mr. Nickleson stated that the TO C-2-SPECIFIC Byrd's were issued tickets by the City for parking vehicles on USE-SALE OF USED land that was not paved so the lot was paved. Mr. Nickleson AUTOS (LOCATED ON THE stated the request was brought back before the Planning and SOUTH SIDE OF Zoning Commission and was denied, therefore they asked for an MAPLEWOOD DRIVE AT appeal hearing before the Council. Mr. Nickleson stated he GRAPEVINE HIGHWAY) realized that the zoning laws were for a purpose, which were approved by the Council and enforced by the City Staff. Mr. Nickleson stated that all the property owners within 200 feet of the property in question had been contacted just to see what the reaction would be on the zoning request. Mr. Nickleson stated he had a petition that had been signed by 75% of the property owners that were in favor of the request. Mr. Nickleson stated the petition was signed not only by the businesses in the area but also the residential residents. Mr. Nickleson stated that they found no one who opposed the request, 25% that did not sign the petition were not against the request. Mr. Nickleson stated that the surrounding property was zoned C-1 or C-2. Mr. Nickleson stated he felt the C-2, Specific Use would be the highest and best use of the property. Councilman Ramsey asked if cars were currently being sold at the location. Mr. Nickleson stated no. Councilman Kenna asked if there was a City policy on an age limit of the automobiles. Mr. Line stated it was not written in the Zoning Ordinance, but there had been stipulations placed on this type of business in the past. Mr. Nickleson stated there was not a written policy in the City that he could find. Mr. Nickleson stated that on the last car lot that was approved the stipulation was a car could not be over two years old. Councilwoman Moody stated that her understanding was that any reasonable stipulations the City placed on a Specific Use would be agreeable with the applicant. Mr. Nickleson stated that was correct. Councilman Fisher asked where the sales office would be located. Mr. Nickleson stated that the office would be in Byrd's Automotive. Mr. Nickleson stated that as soon as possible they could put a building on the site. Councilwoman Moody asked if they would be building an office on the site. Mr. Nickleson stated yes. Councilwoman Hinkle asked if there was a limit of the number of cars that could be parked on the lot. Councilman Ramsey stated that a stipulation could be placed on the specific use on the number of cars that could be kept. Mr. Nickleson stated they would agree to a stipulation. Councilman Newman asked if the lot was large enough for a car lot. Mr. Nickleson stated yes, it was going to be a small used car lot. Councilman Fisher asked if there would be an entrance from Highway 26 into the lot. Mr. Nickleson stated no, the entrance would be from Maplewood. Mayor Pro Tem Davis asked Mr. Nickleson if he could estimate the number of cars that would be on the lot. Mr. Nickleson stated there would probably be less than 30 cars. Mayor Echols asked Mr. Nickleson if he would like to propose the number of cars. Mr. Nickleson stated less than 25 cars. Mayor Pro Tem Davis asked Mr. Nickleson if he was aware that there was a minimum percentage of the property that had to be landscaped. Mr. Nickleson stated there would be no problem with the landscaping. Councilman Fisher asked what would keep the people from parking in front of the lot in the bar-ditch? Mr. Nickleson stated they would do everything possible to discourage it and the business would not be open at night. Mayor Echols asked if they would be willing to post no parking signs. October 8, 1984 Page 4 Mr. Nickleson stated yes. Councilman Newman asked how close the nearest residence was and what hours the lot would be open. Mr. Nickleson stated the nearest residence was across Grapevine Highway and the hours would be from 8:00 a.m. until 5:00 p.m. Councilman Ramsey stated that he would like to ask the Council to depart from the rules so that item number 8 could be presented since Dr. Williams was present. 8. Mayor Echols presented the following proclamation: WHEREAS, on Friday, September 28, 1984 a heavily armed man entered Richland High School in North Richland Hills; and WHEREAS, this young man randomly, recklessly and without regard for life, fired a submachine gun throughout the lobby of Richland High School; and WHEREAS, Dr. Ray E. Williams, Principal of Richland High School, with total disregard for his own safety, did verbally subdue this felon by demanding the immediate surrender of all weapons; and WHEREAS, Dr. Ray E. Williams, through his immediate and decisive action, prevented further injury to the 2,000 students under his care; and WHEREAS, the City Council recognizes the bravery inherent in this action; and WHEREAS, the professional bearings and stature of Dr. Ray E. Williams has been long noted; NOW, THEREFORE, I, Dan Echols, Mayor of North Richland Hills and upon behalf of the City Council and the citizens of this City, do proclaim October 17, 1984 as "DOCTOR RAY E. WILLIAMS DAY" in North Richland Hills and call upon all citizens to share in this day of recognition and appreciation. 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. October 8, 1984 Page 5 PRESENTATION OF PROCLAMATION BY MAYOR ECHOLS CONTINUATION OF ITEM 10 11. Councilman Ramsey moved to deny PZ 84-52, Ordinance No. 1156. Motion died for the lack of a second. Councilwoman Moody moved, seconded by Councilman Kenna, to approve PZ 84-56, Ordinance No. 1156, with the stipulation that the business be open from 8:00 a.m. until 5:00 p.m., be landscaped within the limit of the City's ordinances, no additional lighting, no entry from Grapevine Highway and be restricted to cars not over two years old. Councilman Ramsey stated he had heard that anyone that voted against this request would be open for a law suit and he was also told that if he voted against the request it would be because Mrs. Byrd was Dan Echols Campaign Manager. Councilman Ramsey stated that apparently some people had short memories, it was not too long ago that the City Attorney was informed to close down a day-care center not more than two blocks away from the property because the neighborhood was upset about it. Councilman Ramsey stated he had looked at the petition in favor of this request and he had two phone calls from people who strongly objected to the rezoning request. Councilman Ramsey stated the Council had been through a series of events with the principals of this particular property who apparently had no respect for the laws of the City. Councilman Ramsey stated first there was the hydraulic lift, which he helped them obtain the platting and zoning. Councilman Ramsey stated the second episode was when a used car lot sign went up attached to the building and he received a call from a neighbor, he informed the City Staff and they took action. Councilman Ramsey stated that he thought it was a slap in the face to the City when an ad was placed in the telephone book advertising Byrd's Used Car Sales, which was a violation of the Ordinance. Councilman Ramsey stated he felt the Council had an obligation to stand behind their Oath and enforce the laws of the City. Mayor Pro Tem Davis stated that he agreed with the facts that Councilman Ramsey had stated but the question was what was the best use of the land. Mayor Pro Tem Davis stated he had always been a firm believer that Grapevine Highway should be commercial business that would generate higher land values and possible higher sales tax for the City. Mayor Pro Tem Davis stated he was in a very strong dilemma about what the highest and best use of the land was. Motion carried 6-1; Councilmen Fisher, Kenna, Newman and Mayor Pro Tem Davis and Councilwoman Hinkle and Moody voting for; Councilman Ramsey voting against. October 8, 1984 Page 6 CONSIDERATION OF ORDINANCE FOR PZ 84-52 ORDINANCE NO. 1156 APPROVED 12. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of the request to please come forward. Mr. Ronnie Lewis, 8609 Smithfield Road, appeared before the Council. Mr. Lewis stated he was asking for the rezoning to R-3 in order to build onto his existing home. Mayor Echols asked if the entrance to the property was from Smithfield Road. Mr. Lewis 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. 13. Councilman Hinkle moved, seconded by Councilman Newman, to approve PZ 84-63, Ordinance No. 1157. Motion carried 7-0. Mayor Pro Tem Davis stated he would like to ask a question in regard to item #10. Mayor Pro Tem Davis asked the City Attorney if a Specific Use Permit was issued for the car lot, would it be issued in one name only. Mr. McEntire stated yes, the permit would be issued in the name of Byrd. 14. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of the request to please come forward. Mr. Doug Long, Consulting Engineer, representing Oak Hills Joint Venture, 1615 Precinct Line Road, appeared before the Council. Mr. Long stated they were requesting the rezoning for Lots 12 thru 37, Block 7, Oak Hills Addition, in order to build duplexes next to the railroad track. Councilman Ramsey asked how may lots were involved. Mr. Long stated 26 lots. Mayor Echols called for anyone wishing to speak in opposition to please come forward. There being no one else wishing to speak, Mayor Echols closed the public hearing. October 8, 1984 Page 7 PLANNING & ZONING - PUBLIC HEARING PZ 84-63, REQUEST OF AUBREY C. LEWIS TO REZONE TRACTS 3A1 & 3A1A, JOHN MCCOMAS SURVEY, ABSTRACT 1040, FROM AG (AGRICULTURE) TO R-3 (SINGLE FAMILY) (LOCATED ON THE WEST SIDE OF SMITHFIELD ROAD, APPROXIMATELY 500 FEET SOUTH OF O'DELL STREET) CONSIDERATION OF ORDINANCE FOR PZ 84-63 ORDINANCE NO. 1157 APPROVED PLANNING & ZONING - PUBLIC HEARING PZ 84-66, REQUEST OF KENNETH C. WHITLEY, TRUSTEE, OAK HILLS JOINT VENTURE, TO REZONE LOTS 12 THRU 37, BLOCK 7, OAK HILLS ADDITION FROM R-3 (SINGLE FAMILY) TO R-4-SD (SEPARATE OWNERSHIP-DUPLEX) (LOCATED ON THE SOUTH SIDE OF ST. LOUIS AND SOUTHWESTERN RAILROAD, APPROXIMATELY 379 FEET EAST OF THE INTERSECTION OF AMUNDSON ROAD) ------_._---,._---_._-~--- 15. Councilman Kenna moved, seconded by Councilman Newman, to approve PZ 84-66, Ordinance No. 1158. Mayor Pro Tem Davis stated he felt this would be close to spot zoning and also an increase in traffic. Motion carried 6-1; Councilmen Kenna, Fisher, Newman, Ramsey, and Councilwomen Hinkle and Moody voting for; Mayor Pro Tem Davis voting against. 16. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Doug Long, Consulting Engineer, 1615 Precinct Line Road, representing Oak Hills Joint Venture, appeared before the Council. Mr. Long stated that as a point of clarification, the TP&L easement and Lot A, Block 7, was one in the same. Mr. Long stated he felt this property could only be used for a small office. Mayor Echols called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak, Mayor Echols closed the public hearing. 17. Councilwoman Hinkle moved, seconded by Councilwoman Moody, to approve PZ 84-68, Ordinance No. 1159. Motion carried 7-0. 18. Mayor Echols opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Doug Long, Consulting Engineer, 1615 Precinct Line Road, appeared before the Council. Mr. Long stated the lots were presently zoned R-3 and agriculture. Mr. Long stated the request was for 0-1 and would be used in conjunction with PZ 84-68. 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. October 8, 1984 Page 8 CONSIDERATION OF ORDINANCE FOR PZ 84-66 ORDINANCE NO. 1158 APPROVED PLANNING & ZONING - PUBLIC HEARING PZ 84-68, REQUEST OF KENNETH C. WHITLEY, TRUSTEE, OAK HILLS JOINT VENTURE, TO REZONE LOT A, BLOCK 7, OAK HILLS ADDITION AND THE TEXAS POWER AND LIGHT EASEMENT FROM AG (AGRICULTURE) TO 0-1 (OFFICE DISTRICT) (LOCATED AT THE SOUTHWEST CORNER OF PRECINCT LINE ROAD AND ST. LOUIS AND SOUTHWESTERN RAILROAD ) CONSIDERATION OF ORDINANCE FOR PZ 84-68 ORDINANCE NO. 1159 APPROVED PLANNING & ZONING - PUBLIC HEARING PZ 84-69, REQUEST OF KENNETH C. WHITLEY, TRUSTEE, OAK HILLS JOINT VENTURE, TO REZONE LOTS B, 38 & 39, BLOCK 7, OAK HILLS ADDITION FROM AG (Agriculture) AND R-3 (SINGLE FAMILY) TO 0-1 (OFFICE DISTRICT) (LOCATED ON THE NORTH SIDE OF AMUNDSON ROAD AT THE ST. LOUIS AND SOUTHWESTERN RAILROAD) 19. Councilman Kenna moved, seconded by Councilman Fisher, to approve PZ 84-69, Ordinance No. 1160. Motion carried 7-0. 20. Mr. Ramon Medlenka, appeared before the Council. Mr. Medlenka stated he would like to build a house in the Stoneybrook Addition using stucco with tile roof. Mr. Medlenka stated the house would be larger than the existing houses. Mr. Medlenka stated the stucco would look better with the tile roof. Councilwoman Moody asked how the stucco compared to brick with regard to the Brick Ordinance. Mr. Riddle stated that brick had a higher fire rating. Mr. Medlenka stated that under VA and FHA Standards the materials in stucco made it like concrete. Councilman Kenna asked Mr. Medlenka if he planned to live in the house. Mr. Medlenka stated yes. Councilman Newman asked if there were any houses in the area built with stucco. Mr. Medlenka stated no. Councilman Newman asked Mr. Medlenka what his alternative would be if the request was denied. Mr. Medlenka stated he would be forced to go with brick. Councilman Ramsey moved, seconded by Councilman Newman, to deny the request. Motion carried 5-2; Mayor Pro Tem Davis, Councilmen Fisher, Ramsey and Newman and Councilwoman Hinkle voting for; Councilman Kenna and Councilwoman Moody voting against. 21. Mayor Pro Tem Davis moved, seconded by Councilwoman Moody, to grant the appeal hearing, to be heard November 12, 1984. Motion carried 7-0. October 8, 1984 Page 9 CONSIDERATION OF ORDINANCE FOR PZ 84-69 ORDINANCE NO. 1160 APPROVED CONSIDERATION OF REQUEST OF MR. RAMON MEDLENKA FOR A VARIANCE TO THE BRICK ORDINANCE DENIED CONSIDERATION OF GRANTING AN APPEAL HEARING FOR PZ 84-60 - J. D. SCOTT GRANTED October 8, 1984 Page 10 *22. CONS IDERATION OF RATIFICATION OF CONTRACT WITH LARRY W. DIXSON, ARCHITECT, FOR NEW FIRE STATION APPROVED *23. CONSIDERATION OF BIDS FOR MISCELLANEOUS STREET IMPROVEMENTS (SHERIDON DRIVE, PARAMOUNT DRIVE, LINMA LANE, BEWLEY STREET AND ARNOLD TERRACE) APPROVED *24. CONSIDERATION OF BIDS FOR PALOMAR DRIVE PAVING AND UTILITY IMPROVEMENTS APPROVED *25. CONSIDERATION OF BIDS FOR CRIMINAL INVESTIGATION DIVISION VEHICLE APPROVED *26. CONSIDERATION OF BIDS FOR TEN (10) POLICE MARKED PATROL VEHICLES APPROVED *27. CONSIDERATION OF BIDS FOR TWO (2) 4-WHEEL DRIVE BLAZERS-FIRE DEPARTMENT APPROVED *28. CONSIDERATION OF BIDS FOR FIRE MARSHALL AND ARSON INVESTIGATOR VEHICLES (ONE EACH) APPROVED *29. CONSIDERATION OF BIDS FOR JANITORIAL SERVICE (MUNICIPAL COMPLEX & RECREATION CENTER) APPROVED *30. *31. *32. *33. 34. Mayor Pro Tem Davis moved, seconded by Councilman Kenna, to appropriate $95,000 from Reserve Funds for the construction of the south side of Hightower Drive and also to include that the developer of the Century Oaks Addition negotiate with the Parker's, within the next two weeks, and come back to the Council on whether or not the Parker's would or would not give the right-of-way, 30 X 300 feet and at that time the Council would make other considerations that might be necessary at that time. Councilman Ramsey stated that the City had an ordinance that stated exactly what everyone was suppose to do in a case such as this. Councilman Ramsey stated that he felt the Council should not get in the middle of this until the people had made good faith to abide by the ordinance. Mayor Pro Tem Davis stated that he felt the developers intentions during preliminary platting, final platting and zoning, and all the conversations with the staff and Council, had been made in good faith. Mayor Pro Tem Davis stated he felt by giving the developers two weeks to talk to the Parker's, to work out a solution, should be ample time to report back to the Council. October 8, 1984 Page 11 CONSIDERATION OF BIDS FOR FOG SEALING OF CITY STREETS APPROVED CONSIDERATION OF BIDS FOR STREET SWEEPING CONTRACT APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE 112, TO GIBBINS CONSTRUCTION COMPANY IN THE AMOUNT OF $39,184.65 - CALLOWAY ACRES STREET AND DRAINAGE IMPROVEMENTS APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #2, & FINAL. TO ISI CONTRACTORS AND ENGINEER IN THE AMOUNT OF $2,932.00 - CONN DRIVE BOOSTER STATION APPROVED CONSIDERATION OF CITY PARTICIPATION FOR IMPROVEMENTS OF HIGHTOWER DRIVE Councilman Ramsey stated that it was surpr1s1ng to him that if the City agreed to oversize a water line or whatever, the City did not have to put up the difference in order for the developer to proceed and he felt that was what was happening tonight. Councilman Ramsey stated he felt this would be a wrong move and felt the City should abide by the ordinance. Councilwoman Moody stated she agreed with Councilman Ramsey and felt the Council had been placed in a very awkward position. Councilwoman Moody stated she felt that no move had been made that the Council could determine. that negotiations had been made and this was something that was very hard for her to deal with. Mayor Echols stated he thought there was a basic question as to whether or not the Council was setting the stage for negotiation. Councilman Ramsey stated the ordinance was clear and there was nothing in the ordinance that said the City had to anti up. it was the intent of the ordinance and the City should abide by it or else do away with the ordinance. Councilman Ramsey stated he felt the City should not get involved until the people had the time to do what they were suppose to. Councilman Ramsey stated he felt that all the City was doing was helping the developer go to the lending institution and proceed and he totally disagreed with the Council getting in the middle of the process. Mayor Pro Tem Davis stated he felt it would be beneficial to the City and to the traffic in that area that the street go all the way through. Mayor Pro Tem Davis stated he felt the City had been unfair to the developer because of an oversight. his plans and plat were approved and now the City was telling him to stop. Mayor Pro Tem Davis stated the developer had admitted to the City that they were not aware of that particular section of the ordinance and did not think that anyone on the Council was aware of it until last week. Mayor Pro Tem Davis stated he did not think it would be fair if the Council decided not to fund the money and if the developer and the Parker's did not come to an agreement on the right-of-way, he did not think he should have to stop his development. Mayor Pro Tem Davis stated it would benefit the City if the street was there. Councilman Ramsey stated he did not feel the street was the issue. the issue was whether or not the City was going to get involved with a developer so he could go to a lending institute to keep doing what he was for a certain amount of time. Councilman Ramsey stated he felt the City should not get involved. Councilman Ramsey called for the question. October 8, 1984 Page 12 Motion failed 5-2; Councilmen Newman, Ramsey, and Kenna and Councilwoman Moody and Hinkle voting against; Councilman Fisher and Mayor Pro Tem Davis voting for. Councilman Kenna stated he would like to recommend that the developer work with the owners of the property as prescribed by the Subdivision Ordinance. Mayor Echols stated that the developer worked with the property owners with the implied information that the City intended to build the street. Councilman Ramsey called for point of order. Councilman Ramsey stated the request had been denied and if someone wanted to put that in a motion. then make it a formal motion and get it on the table. Councilman Kenna moved. seconded by Councilwoman Moody. that the City Staff help to any degree possible. but basically that the developer and the land owner in question meet to work out the easements required. as called for by the Subdivision Ordinance. within the next two weeks. Motion carried 5-2; Councilmen Kenna, Fisher, and Mayor Pro Tem Davis and Councilwomen Hinkle and Moody voting for; Councilmen Ramsey and Newman voting against. Mayor Pro Tem Davis stated he would like to depart from the rules because the parties involved would like to speak if the Council had no objections. Councilman Ramsey stated he objected. Councilwoman Moody objected. 35. Mr. Burgess, Carter and Burgess. Inc., representing Mr. Peskind appeared before the Council. Mr. Burgess stated Mr. Peskind owned 62 acres at the northwest corner of Rufe Snow Road Drive and Loop 820. Mr.Burgess stated that a traffic investigation had been made and Mr. Peskind had a proposal for certain street improvements and new signals in the area. Mr. Burgess stated that Mr. Knight of Lea. Elliott. McGean and Company was present and he would like to turn the meeting over to him. Mr. Knight appeared before the Council. Mr. Knight stated the purpose of the traffic investigation was to find a workable means to provide egress and ingress for this particular development along Rufe Snow. Mr. Knight stated another point of access is the frontage road of Loop 820. The purpose of the Rufe Snow access would be to allow the northbound traffic to enter the property from the south as well as from the north. Mr. Knight stated the first thing October 8, 1984 Page 13 CONSIDERATION OF STANLEY PESKIND'S REQUEST FOR SIGNALIZATION AND STREET IMPROVEMENTS ON RUFE SNOW DRIVE APPROVED , they did was the investigation of the existing traffic conditions between Lewis Road and the intersection of Rufe Snow Drive and Loop 820. Mr. Knight stated a study was also made of the signalization of the two traffic signals to see if a plan could be worked out for a new signal at a location approximately 450 feet north of the Interstate along Rufe Snow Drive. Mr. Knight stated that Mr. Peskind proposed that the signal at Lewis Road and the Interstate be coordinated to control all signals from one control. Mr. Knight stated that in addition to the signal improvements it was their feeling that there should be a dual left turn lane allowed for the southbound movement to go eastbound on Loop 820. Mr. Knight stated there were two lanes there now. Mr. Knight stated their proposal was a new signalized intersection on Rufe Snow between Interstate 820 and Lewis Drive to provide ingress/egress to the proposed development. Also Rufe Snow would be widened on the east side in the vicinity of the new intersection to provide a left hand turn lane into the shopping center for northbound traffic on Rufe Snow and to make the two southbound lanes across the Interstate 820 bridge both left hand turn lanes onto the eastbound frontage road. Mayor Echols asked who was going to do the installation and put it into motion. Mr. Knight stated that Mr. Peskind would. Councilman Ramsey asked if Mr. Peskind had any problems with what the staff had recommended and clear understanding. Mr. Knight stated there were no problems with the recommendations. After further discussion. Councilman Kenna moved. seconded by Councilwoman Hinkle. to approve the request subject to all City Staff comments. Motion carried 7-0. 36. Mr. Kenneth LeVan. 8440 Glenann. appeared before the Council. Mr. LeVan stated he wanted to address the problem of water leaks. Mr. LeVan stated he was speaking on behalf of the residents on Sherri Lane. Mr. LeVan stated there had been several water leaks in the area over the last few months. Mr. LeVan stated that driveways had been torn up and the street in some places had caved in after the leaks were repaired. Mr. LeVan asked if something could be done to help improve the situation. October 8. 1984 Page 14 CITIZEN PRESENTATION Mayor Echols stated he had a report from Gene Riddle concerning this problem and the leaks were occurring because of an ongoing problem with cast iron pipe. Mayor Echols stated the problem was with electrolysis in the ground because it attacks this particular pipe and causes a gradual deteriora- tion of the pipe. Mayor Echols stated that. according to Mr. Riddle's report. all that could be done at this time would be to continue to repair the leaks until such time that all the pipe could be replaced. Mayor Echols stated that the problem with water leaks and deterioration of the cast iron pipe was not only in Glenann Addition but in several parts of the City. Mayor Echols thanked Mr. LeVan for coming and sharing his problem. Councilwoman Moody thanked Mr. Line and the Staff for putting the report concerning the water leaks on in lieu of short notice. 37. Councilman Kenna moved. seconded by Councilwoman Hinkle to adjourn the meeting of October 8, 1984. Motion carried 7-0. ~~ October 8. 1984 Page 15 ADJOURNMENT Dan Echols - Mayor ATTEST: