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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: