HomeMy WebLinkAboutCC 1984-10-22 Minutes
NOTES ON PRE-COUNCIL MEETING
OCTOBER 22, 1984
Present:
Dan Echols
Richard Davis
Dick Fisher
Jim Ramsey
Marie Hinkle
Jim Kenna
Virginia Moody
Harold Newman
Rodger Line
Rex McEntire
Gene Riddle
Jerry McGlasson
Lee Maness
John Whitney
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilwoman
Councilman
Councilwoman
Councilman
City Manager
City Attorney
Public Works/Utility Director
Chief of Police
Finance Director
Purchasing Agent
ITEM
DISCUSSION
DISCUSSION OF
RE-APPOINTMENT
OF CIP COMMITTEE
Richard Davis advised the Council that it was time
to reappoint the CIP Committee. After discussion
the Council reappointed Mayor Pro Tern Davis and
Councilman Ramsey.
DISCUSSION OF
REQUEST FROM "ON
STAGE" - TRINITY
ARTS FOUNDATION
FOR FINANCIAL
SUPPORT
Councilman Ramsey discussed the needs of "On Stage",
an area theater getting started for stage plays.
These plays will be at Bedford Boy's Ranch with
sponsorship through the Trinity Arts Foundation.
DISCUSSION OF
JOINT MEETING
WITH PLANNING
AND ZONING
COMMISSION ON
OCTOBER 25, 1984
REGARDING MASTER
PLAN
It was decided to cancel the meeting scheduled for
October 25th, 1984.
ASSIGNMENT
/
RNL
Schedule CIP
Committee
Meeting for
of 10/29/84
week
NAN
NAN
ITEM
DISCUSSION OF
CAN-AM/TRANS-AM
RACE AT GREEN
VALLEY
DISCUSSION
Chief McGlasson discussed the Texas Challenge Race
to be held at Green Valley Race Track on October
26th, 27th and 28th. The Chief explained the
manner that the Police Department would handle
traffic at the race. Councilman Ramsey asked
about the availability of sanitary facilities and
if they would be adequate. Chief McGlasson stated
that they would be, that this would be controlled
by the County Health Department. Councilman Ramsey
stated he had calls commending the Staff and Police
Department for the way they are handling the
arrangements.
Page 2
10/22 Pre-Council
ASSIGNMENT
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 22, 1984 - 7:30 P.M.
1. Mayor Echols called the meeting to order October 22, 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
Jeanette Moore
Rex McEntire
Gene Riddle
Richard Albin
Lee Maness
John Whitney
Press:
Duward Bean
Mark England
CALL TO ORDER
Mayor
Mayor Pro Tern
Councilman
Councilwoman
Councilman
Councilwoman
Councilman
Councilman
ROLL CALL
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 Councilwoman Moody.
INVOCATION
Mayor Echols presented the following proclamation:
PROCLAMATION
WHEREAS, Gertrude Tarpley has spent twenty-one years
of service at the Haltom-Richland Area Chamber of Commerce;
and
WHEREAS, Gertrude has successfully and enthusiastically
marketed the surrounding area; and
WHEREAS, her leadership has proven to be a significant
factor in the growth of the City of North Richland Hills;
and
WHEREAS, it is the desire of the Mayor and City Council
to acknowledge those leaders who dedicate themselves to
strengthening the community.
NOW, THEREFORE, I, Dan Echols Mayor of the City of
North Richland Hills, Texas, do hereby proclaim Sunday,
October 14, 1984 as
GERTRUDE TARPLEY DAY
in North Richland Hills and call upon all citizens to share
in this day of recognition and appreciation.
4.
Councilman Kenna moved, seconded by Councilwoman Hinkle, to
approve the minutes of the regular meeting October 8, 1984
Motion carried 7-0.
5.
None
6.
Councilwoman Moody moved, seconded by Councilman Newman, to
approve the Consent Agenda.
Motion carried 7-0.
7.
Mayor Echols opened the public hearing and called for anyone
wishing to speak in favor of the request to please come
forward.
Mr. Charles Owen, 6425 Martin Drive appeared before the Council.
Mr. Owen introduced Mr. T.R. Montgomery, Mr. Chuck Owen and
Mr. Jim Stevens, who were also involved in this zoning request.
Mr. Owen stated the request consisted of 5.2 acres and fronted
on Davis Boulevard. Mr. Owen stated there was approximately
481 feet on the north boundary, 381 feet on the west backing up
to College Hill Addition, which was R-2 Residential, approxi-
mately 641 feet at the south boundary and 326 feet out to Davis
Boulevard. Mr. Owen stated that the south was bordered by a
C-2 development of garages, a vet clinic and a body shop. Mr.
Owen stated that the southwest corner was R-7-Multi-family,
the property to the rear was R-2 Residential and on the north
the property was zoned U property that belongs to the College
Hill Assembly of God Church. Mr. Owen stated that the
property across the street was I, to the north C-2. Mr. Owen
stated that at the Planning and Zoning meeting, when the
request was denied, three people spoke in favor of the request
and one person spoke in opposition to the request. Mr. Owen
stated there was a one acre tract in the northwest corner,
which was where Mr. Montgomery lived at the present time and
they were not asking for zoning on that tract at this time.
October 22, 1984
Page 2
CONSIDERATION OF
MINUTES OF THE
REGULAR MEETING
OCTOBER 8, 1984
APPROVED
CONSIDERATION OF
REMOVING ITEM (S)
FROM THE CONSENT
AGENDA
CONSIDERATION OF
CONSENT AGENDA
ITEMS (S) INDICATED
BY ASTERISK (11, 12,
13 & 14)
APPROVED
PLANNING & ZONING -
PUBLIC HEARING APPEAL
HEARING - PZ 84-61,
REQUEST OF CHARLES
OWEN COMPANY TO
REZONE TRACT 10D, J.
H. BARLOUGH SURVEY,
ABSTRACT 130, FROM
R-2 (SINGLE FAMILY)
TO C-2 (COMMERCIAL)
(LOCATED ON THE WEST
SIDE OF DAVIS
BOULEVARD, BOUNDED ON
THE WEST BY COLLEGE
HILL ADDITION, AND
APPROXIMATELY 100
FEET NORTH OF ROSS
ROAD)
Mr. Owen stated that this one acre tract had been pulled from
the request since the Planning and Zoning meeting. Mr. Owen
stated that the one acre tract and a 70 foot strip down to
Davis would remain residential. Mr. Owen stated they planned
to build an office-showroom retail center with approximately
41,000 to 45,000 square feet. There was no immediate plans
for the back portion of the tract that adjoined Mr.
Montgomery's property. Mr. Owen stated that since the major
development would be the center fronting on Davis Boulevard
and whatever was needed to expand the operation would be
placed on the back of the property. Mr. Owen stated that
since the Planning and Zoning meeting he had talked with the
one person that objected and it seemed the main objection was
a drainage problem. Mr. Owen stated that approximately one
acre drained toward College Hill and most of the water came
from the Church property north of the property he was asking
to be rezoned. Mr. Owen stated that as soon as Mr. Montgomery
moved he would rezone that portion and would certainly take
care of the drainage. Mr. Owen stated that they had
protective covenants on all their developments, a tremendous
amount of landscaping and an ongoing maintenance program. Mr.
Owen stated he felt that C-2 zoning certainly fit this tract
of land.
Mr. Jim Stevens, 3604 Sandbar, Colleyville, appeared before
the Council.
Mr. Stevens stated that basically the future development on
the back portion of the property was not definite at this
time. Mr. Stevens stated the C-2 was needed for economic
reasons. Mr. Stevens stated they had done several
developments in the area and felt they had been very good
developments.
Councilman Ramsey asked if this was the same presentation the
Planning and Zoning Commission was given.
Mr. Stevens stated that when it was presented to the Planning
and Zoning Commission they were asking for the entire tract to
be zoned C-2 and since that time the one acre that was zoned
residential was taken out.
Mayor Pro Tern Davis asked Mr. Stevens to explain the intent of
the restrictive covenants.
Mr. Stevens stated that the covenants would prevent any noise,
odor, and condition that would be offensive to the area, limit
outside storage and basically limit the use of the property.
Councilman Ramsey stated that since this was an appeal hearing
and the Planning and Zoning Commission did not have access to
this plan, he would like for the chair to rule on whether or
not the Council should be hearing this case.
October 22, 1984
Page 3
Mr. McEntire stated that since the applicants had decreased
the request and not added to, there was no problem with the
Council taking action.
Mayor Echols stated he would take the City Attorney's position
on the request.
Mr. Stevens stated that if there were opposition to the
request he would like rebuttal time.
Mr. Howard Wade, 7716 Terry, appeared before the Council.
Mr. Wade stated that there was a dead-end street there now and
speaking as a residential neighbor he would like for the
street to remain the way it was at the present time.
Mr. Joe Barnett, 6000 Davis Boulevard, appeared before the
Council.
Mr. Barnett stated that his property would be the one affected
by the rezoning of this property. Mr. Barnett stated his
property was located across the street and his brother's
property was on the west side of Davis Boulevard. Mr. Barnett
stated that Mr. Owen had lived in the County all his life and
in North Richland Hills for a number of years. Mr. Barnett
stated he felt the rezoning of this property to C-2 was the
best use for the property. Mr. Barnett stated he was not here
at the urging of Mr. Owen but speaking for his interest and
the interest of the community. Mr. Barnett stated that as
Councilman Ramsey had pointed out, the Planning and Zoning
Commission might have possibly approved the request if they
had been presented with what the Council had. Mr. Barnett
stated he was absolutely amazed and shocked when he heard the
Planning and Zoning Commission for North Richland Hills
refused to grant the requested zoning. Mr. Barnett stated he
was certain that when it was learned who had purchased the
property that all would be resolved so therefore he did not
appear before the Planning and Zoning Commission hearing. Mr.
Barnett stated he could not possibly visualize how any member
of the Council could refuse to concur with the requested C-2
zoning.
Councilman Ramsey stated that he appreciated what Mr. Barnett
had said, however he truly respected the five citizens that
were on the Planning and Zoning Commission. Councilman Ramsey
stated that when there was a 3-2 vote it got his attention
because those people that made up the Planning and Zoning
Commission spent a lot of time on the cases and he as a
Councilman depended heavily on them. Councilman Ramsey stated
that just because the Commission did not agree with Mr.
Barnett's ideas he did did not think the service the
Commission gave the City should be detracted from.
October 22, 1984
Page 4
Mr. Barnett stated he would like to make two points in reply
to Councilman Ramsey: one, the drainage that would go to the
west from the property could not be more than 1/2 acre and he
would be the one affected by the drainage; the other was he
would offer any apology for any comment that he may have made
that was critical of the Planning and Zoning Commission. He
did not even know who they were.
Mr. Curtis Ramey, Attorney, appeared before the Council.
Mr. Ramey stated he was part owner of the property on the
south side adjacent to the property being rezoned. Mr. Ramey
stated he would like to express his approval of the request.
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.
8.
Councilwoman Hinkle moved, seconded by Councilman Newman, to
approve PZ 84-61, Ordinance No. 1161.
Councilman Ramsey stated that he felt it was unfortunate that
the process in an appeal situation prevents the Planning and
Zoning from reviewing what the Council got a chance to look at.
Councilman Kenna stated that looking at the property around
the property in question he could not see any better use of
the land.
Mayor Pro Tern Davis asked if anyone could tell him what the
buffer zone would be or how close they could build next to
the residential and what kind of buffer.
Mr. Riddle stated probably no closer than 15 feet and the
building could be 1 foot high for every 1~ feet it is off
the property line.
Mayor Pro Tern Davis stated he just wanted to make sure there
would be a buffer zone.
Councilwoman Moody stated that she felt this would be the best
use of the land. Councilwoman Moody stated that one thing
that did disturb her was the fact that the Planning and Zoning
Commission did not see what was presented to the Council and
hoped the Council was not setting a precedence by the action
taken tonight.
Councilman Kenna called for the question.
Motion to approve carried 7-0.
Mayor Echols recognized Boy Scout Troop #502.
October 22, 1984
Page 5
CONSIDERATION OF
ORDINANCE FOR PZ
84-61
ORDINANCE NO. 1161
APPROVED
*11.
*12.
*13.
*14.
9. Ms. Susan Greg, Representative, Cambridge Company, appeared
before the Council representing Jeou Hock Lin.
Ms. Greg stated that Mr. Lin owned restaurants in Houston and
Bellaire. Ms. Greg stated the applicant did have very good
financial strength. Mr. Greg showed the Council a drawing of
the proposed restaurant. Ms. Greg stated that it would be a
Chinese Restaurant.
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.
10. Councilman Moody moved, seconded by Councilman Fisher, to
approve PZ 84-72, Ordinance No. 1162.
Councilman Fisher stated a comment had been made at the
Planning and Zoning meeting that this restaurant was too
close to the High School. Councilman Fisher stated he felt
it would be up to the owner to police the restaurant.
Motion to approve carried 7-0.
October 22, 1984
Page 6
PLANNING & ZONING -
PUBLIC HEARING APPEAL
HEARING - PZ 84-72,
REQUEST OF JEOU HOCK
LIN TO REZONE A
PORTION OF LOT 2,
BLOCK 13, SNOW
HEIGHTS NORTH
ADDITION FROM C-2
(COMMERCIAL) TO
C-2-SPECIFIC USE-SALE
OF ALCOHOLIC
BEVERAGES (LOCATED ON
THE EAST SIDE OF RUFE
SNOW DRIVE AND
BOUNDED ON THE SOUTH
BY MCDONALD'S
RESTAURANT)
CONS ID ERAT ION OF
ORDINANCE FOR PZ
84-72
ORDINANCE NO. 1162
APPROVED
CONS IDERATION OF
REQUEST FROM "ON
STAGE" - TRINITY ARTS
FOUNDATION FOR
FINANCIAL SUPPORT
APPROVED
CONSIDERATION OF BIDS
FOR SELF-PROPELLED
STRIPING MACHINE
APPROVED
CONSIDERATION OF BIDS
FOR PARTITIONING FOR
THE MUNICIPAL COMPLEX
APPROVED
CONSIDERATION OF
RATIFICATION OF
PURCHASE OF IBM
DISPLAYWRITER,
DISKETTE UNIT AND
PRINTER
APPROVED
15. Mayor Echols advised he had a request to speak on this item.
Councilman Ramsey called for a point of order. Councilman
Ramsey stated this was not a public hearing and no motion had
been made, therefore, it would be totally out of order.
Mayor Pro Tern Davis asked that the City Manager give a brief
presentation of the request.
Mr. Line stated that the request for authorization to institute
eminent domain proceeding for the acquisition of the property
in question was contingent on whether or not the City was
able to satisfactorily negotiate with the property owners,
Mr. & Mrs. Parker. Mr. Line stated the question of the
alignment and further construction of Hightower Street and
Smithfield Road had held up the development of property to
the north of this area. Mr. Line stated that he felt it was
incumbent on the City to make it possible for the development
to proceed. Mr. Line stated the developers had met and even
exceeded all of the requirements of the City Subdivision
Ordinance and other policies. Mr. Line stated that he felt
it was essential that the City make it possible for the
developer to proceed with their plans, which they were unable
to do at this time because the City had not given them
clearance because of the question of alignment of Hightower
at Smithfield Road. Mr. Line stated that the City
Subdivision Ordinance placed the responsibility on the
developer to acquire the right-of-way that was needed for the
extension of streets and other facilities in the vicinities
that were needed to facilitate the development. Mr. Line
stated this responsibility was placed on these developers at
a late stage of their development. Mr. Line stated the
developer had made an effort to acquire the right-of-way and
had made an offer for the purchase and had been refused. Mr.
Line stated that it was his opinion, at this point, that the
City Staff needed to take the developers out of the
negotiation position, with regards to the acquisition of the
property, and assume the responsibility. Mr. Line stated he
would certainly apologize to Mr. & Mrs. Parker for his lack
of communication and cooperation. Mr. Line stated that Mr. &
Mrs. Parker had asked for additional time, sometime in late
January, to acquire an appraisal to give them a basis for
determining how much they should be compensated for the
property.
Councilman Kenna moved, seconded by Councilwoman Hinkle, to
authorize the City to entertain eminent domain for the
property, only after every attempt had been made to come to a
fair value of the property in question and not before the end
of January.
October 22, 1984
Page 7
CONSIDERATION OF
REQUEST FOR
AUTHORIZATION TO
INSTITUTE EMINENT
DOMAIN PROCEEDINGS
FOR STREET
RIGHT-OF-WAY
Councilman Ramsey amended the motion to state that the City
Manager be appointed as the City's chief negotiator.
Councilman Kenna accepted the amendment, Councilwoman Hinkle
accepted the amendment.
Councilman Kenna stated he also felt responsible for the City
in the negotiation that had taken place with the Parker's,
it was unfortunate that it had gone on this long. Councilman
Kenna stated he felt the action that was taken tonight would
help rectify some of the past problems.
Councilman Ramsey called for the question.
Motion carried 7-0.
15a. Mr. Line stated the paper work was not completed in time to
go out with the agenda. Mr. Line stated the contractor had
done an excellent job.
Mayor Pro Tem Davis moved, seconded by Councilman Ramsey,
to approve payment.
Motion carried 7-0.
15b. Mr. Line stated this resolution was agreeing to participate
in the Sesquientennial program. Mr. Line stated that verbal
consent had been given but formal action was needed. Mr. Line
stated the reason the resolution was added to the agenda was
because it must be in the Governor's office by Thursday.
Mr. Line stated that Councilwoman Moody had been appointed as
the City's representative.
Councilman Kenna moved, seconded by Councilwoman Hinkle, to
approve Resolution No. 84-28.
Motion carried 7-0.
16. None.
17. Mayor Pro Tern Davis moved, seconded by Councilman Kenna, to
adjourn the meeting of October 22, 1984.
Motion carried 7-0.
~~
October 22, 1984
Page 8
CONSIDERATION OF
PARTIAL PAYMENT,
ESTIMATE #13, IN
THE AMOUNT OF
$19,451.24 TO M.A.
VINSON CONSTRUCTION
COMPANY-WALKER'S
BRANCH DRAINAGE
IMPROVEMENTS
APPROVED
RESOLUTION ADOPTING
THE SESQUIENTENNIAL
MASTER PLAN
RESOLUTION NO. 84-28
APPROVED
CITIZEN PRESENTATION
ADJOURNMENT
Dan Echols - Mayor
ATTEST: