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HomeMy WebLinkAboutCC 1983-04-25 Minutes Present: Absent: ITEM DISCUSSION OF CBS/BLACK HAWK CABLE TV RATE INCREASE REQUEST (AGENDA ITEM #25) NOTES ON PRE-COUNCIL MEETING APRIL 25, 1983 Jim Ramsey J.C. Hubbard Jim Kenna Dick Fisher Harold Newman Richard Davis Marie Hinkle Dennis Horvath Richard Albin Rex McEntire Gene Riddle Mayor Pro Tern Councilman Councilman Councilman Councilman Councilman Councilwoman Assistant City Manager City Engineer City Attorney Public Works Director Dick Faram Rodger Line Mayor City Manager DISCUSSION It was decided that the public hearing would be postponed and we would enter into an agreement with Haltom City to hire Associated Utility Specialist to study the rate hike request. The study will be completed by mid-May and the Public Hearing on the rate increase request will be heard on May 23th. DISCUSSION ANIMAL Jim Kenna briefed the Council on the actions CONTROL ORDINANCE (AGENDA ITEM # 17) of a citizens committee which was formed three DISCUSSION OF OTHER ITEMS (1) years ago. The draft submitted for approval this evening is the result of the committee's work and was reviewed and approved by Jim Kenna and Marie Hinkle. Richard Davis suggested that the library conduct a contest this summer with the children partici- pating in library programs to design a cover for ASSIGNMENT Rex/Jeanette Set Public Hearing NAN NAN Notes on Pre-Council Meeting April 25, 1983 Page 2 ITEM DISCUSSION ASSIGNMENT the new zoning ordinance and perhaps a new city logo and slogan. The Council approved of the current slogan and star burst and generally agree that a contest to design the cover was a good idea. This item will be discussed at a later date. (2) Jim Kenna opened the discussion on problems NAN regarding PZ 83-21 (Planned Development) specif ically: 1) 25 units per acre are requested. (19.8 permitted in MF Zoning) 2) The lack of an adequate drainage study. 3) Reduced parking allocation (2.1 per unit requested, 2.5 required in MF) 4) Inadequate site plan - exact location of building, gazebo, swimming pools, green areas, refuse collection locations and fire hydrant were discussed. 5) No plat was filed with the site plan. 6) Site plan shows 460 sq. ft. min. size units, however P & Z Minutes reflect 520. 7) The abandonment of Newman Drive. This has been on the Master Plan since 1967 as a collector street. The wisdom of abandoning this street was discussed. The Police Department also expressed some reservations. 8) Variances from the brick ordinance. Most Council members generally agreed that this is a quality development, however the requirements of a PD were not adhered to. 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, APRIL 25, 1983 - 7:30 P.M. 1. Mayor Pro Tern Ramsey called the meeting to order April 25, 1983, at 7:30 p.m. 2. Jim Ramsey Jim Kenna Richard Davis Dick Fisher J.C. Hubbard Harold Newman Marie Hinkle Mayor Pro Tern Present: Councilmen Councilwoman Staff: Dennis Horvath Jeanette Moore Gene Riddle Assistant City Manager City Secretary Director Public Works- Utility City Attorney City Engineer Finance Director Police Chief Purchasing Agent Rex McEntire Richard Albin Lou Spiegel Jerry McGlasson John Whitney Absent: Dick Faram Rodger Line Mayor City Manager 3. The invocation was given by Councilman Dick Fisher. Mayor Pro Tern Ramsey advised that Item #25, Public Hearing on CBS/Black Hawk rate increase request would be postponed. Councilman Davis moved, seconded by Councilman Hubbard, to postpone Item #25, refer it to the Staff and City Attorney for study. Mayor Pro Tern Ramsey advised that North Richland Hills, in conjunction with neighboring cities would have a consultant look over the contract and give an opinion. Motion carried 6-0. 4. Councilman Davis moved, seconded by Councilman Kenna, to nominate Jim Ramsey as Mayor Pro Tern and waive the rules and elect Jim Ramsey by acclamation. CALL TO ORDER INVOCATION ELECTION OF MAYOR PRO TEM 5. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve the minutes of the regular meeting April 11, 1983. Motion carried 6-0. 6. Mayor Pro Tern Ramsey presented Chris Armstrong with a Five Year Pin and Certificate for five years of service in the Utility Department. 7. None 8. Councilman Hubbard moved, seconded by Councilman Kenna, to approve the Consent Agenda. Motion carried 6-0. 9. Mayor Pro Tern Ramsey opened the public hearing and called for anyone wishing to speak to please come forward. Mr. Charles Beane appeared before the Council. Mr. Beane stated he planned to build town houses. Mr. Beane stated the development would be an asset to the city. Mayor Pro Tern Ramsey called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Pro Tern Ramsey closed the public hearing. 10. Councilman Kenna moved, seconded by Councilman Hubbard, to approve PZ 83-17, Ordinance No. 1021. Motion Carried 6-0. *11. April 25, 1983 Page 2 CONSIDERATION OF MINUTES OF THE REGULAR MEETING APRIL 11, 1983 APPROVED PRESENTATION OF FIVE YEAR CERTIFICATE AND SERVICE PIN TO CHRIS ARMSTRONG-UTILITY DEPARTMENT CONSIDERATION OF REMOVING ITEM (S) FROM CONSENT AGENDA CONSIDERATION OF CONSENT AGENDA (1111,14,18,19, 20, 21, 23 & 24) APPROVED PLANNING & ZONING PZ 83-17, REQUEST OF CHARLES BEANE, LADECO, INCORPORATED TO REZONE LOTS 34R THRU 43R, RICHLAND TERRACE ADDITION, FROM MULTI FAMILY - QUADS TO COMMUNITY UNIT DEVELOPMENT (LOCATED SOUTH OF MAPLEWOOD DRIVE AND ALONG THE WEST SIDE OF MARYANNA WAY TO SHORT STREET) CONSIDERATION OF ORDINANCE FOR PZ 83- 17 APPROVED ORDINANCE NO. 1021 PLANNING & ZONING PS 83-19, REQUEST OF CHARLES BEANE, LADECO, INCORPORATED FOR REPLAT OF LOTS 35A THRU 66A, BLOCK 42B1, RICHLAND TERRACE ADDITION APPROVED 12. Mayor Pro Tern Ramsey opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Delbert Stembridge, Consulting Engineer, appeared before the Council. Mr. Stembridge stated that Mr. Richmond would like to add an addition to his existing house. Mr. Stembridge stated that when Mr. Richmond applied for a building permit it was discovered that the property had never been zoned or platted and that was the reason for this request. Mayor Pro Tern Ramsey called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak, Mayor Pro Tern Ramsey closed the public hearing. 13. Councilman Hubbard moved, seconded by Councilman Kenna, to approve PZ 83-20, Ordinance No. 1022. Motion carried 6-0. *14. 15. Mayor Pro Tern Ramsey opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Tommy Tompkins, 1504 Sunnybrook, Irving, Texas appeared before the Council. Mr. Tompkins stated this property was located on Harwood Road and contained approximately 27.85 acres. Mr. Tompkins stated they wanted to change the zoning on the 16 acres on the west side of the tract. Mr. Tompkins stated that according to the City Staff there was adequate drainage, sewer and all utilities were available. Mr. Tompkins stated the complex would cater to the mature professionals, the young achievers and the blue collar professionals. Mr. Tompkins stated there would be no children allowed in the complex. Mr. Tompkins stated there would be a security gate at the front entrance, four swimming pools, four spas, four hot tubs, several gazebos and trellis. Mr. Tompkins stated the trash containers April 25, 1983 Page 3 PLANNING & ZONING PZ 83-20, REQUEST OF J.D. RICHMOND TO REZONE TRACT 4B, ABSTRACT 1040, FROM AGRICULTURE TO 1F-9- ONE FAMILY DWELLING (LOCATED AT 6737 HEWITT STREET) CONSIDERATION OF ORDINANCE FOR PZ 83-20 APPROVED ORDINANCE NO. 1022 PLANNING & ZONING PS 83-27, REQUEST OF J.D. RICHMOND FOR SHORT FORM PLATTING OF LOT 6, BLOCK 1, HEWITT ESTATES APPROVED PLANNING & ZONING PZ 83-21, REQUEST OF C.N. MARSH TO REZONE A PORTION OF ELDORADO ADDITION FROM MULTI-FAMILY AND LOCAL RETAIL TO TO PLANNED DEVELOP- MENT (LOCATED ON THE NORTH S IDE OF HARWOOD ROAD AND BOUNDED ON THE WEST BY NORTHRIDGE ADDITION would be screened and fences placed all the way down the western side. Mr. Tompkins stated the buildings would be 75 feet from the property line and the buildings on the west side would not be over two stories high. Mr. Tompkins stated the planned development would create less traffic and less crime because of the security. Mr. Tompkins stated they would also like to abandon Newman Drive because there would be less traffic by the school. Mr. Tompkins stated that if Newman Drive was not abandoned someone would have to build a bridge over Walker Creek. Mr. Tompkins stated that he had met with approximately twenty-five homeowners and only one did not speak for the development. Councilman Davis stated that the site plan showed 460 square feet as the minimum unit size and according to the Planning and Zoning Minutes Mr. Tompkins had agreed to 520 square feet. Mr. Tompkins stated that he had put a number of things as minimum until after the Fire Department reviewed the plans. Mr. Tompkins stated that until he got through with the City services some things would have to be changed and so he put a lot of minimums in the request. Councilman Davis asked Mr. Tompkins if he would be willing to change the size of the units to 520 square feet. Mr. Tompkins stated there would be no problem in changing the unit size. Councilman Davis stated there was also concern about the 50% masonry instead of the 75% the current ordinance called for. Mr. Tompkins stated the problem with the 75% masonry was because of the windows. Mr. Tompkins stated they were putting in powerwalls and with the brick and powerwalls it would exceed 50% Councilman Davis stated that the site plan did not show where the one bedroom or the three story units would be and asked if the plan could be amended to reflect this. Mr. Tompkins stated yes, the plan could be changed. Mayor Pro Tern Ramsey stated that the plan had gone before Planning and Zoning and been acted on and the public hearing was based on the plan the Council had before them and that if the plan was amended too much further, he was going to close the public hear- ing and send the request back to Planning and Zoning. Councilman Davis asked the Staff if the size of buildings were required to be on the plan for Planned Development. April 25, 1983 Page 4 Mayor Pro Tern Ramsey stated the size of the buildings were on the site plan at this time. Mr. Tompkins stated they might have to change some of the size on some of the buildings because of some of the Fire Department requirements. Mayor Pro Tern Ramsey stated some of the Council were in argument on what the intent of Planned Development was as required by the present ordinance. Mayor Pro Tern Ramsey stated the Council had operated on the presumption in the past, that when a Planned Development was submitted everything was spelled out exactly as to what was going to be done. Mayor Pro Tern Ramsey stated that this plan was a little bit of a departure from this. Mayor Pro Tern Ramsey stated he felt it was a super plan, but some of the Council had difficulty on whether or not it was a total plan. Mr. Tompkins stated they had a meeting with the Planning and Zoning Commission when the application was being submitted and thought they had what was required of them to submit. Councilman Davis stated that for the record, this plan did show what the ordinance required. Councilman Davis stated the Council had the liberty to ask for additional things under Planned Development. Mayor Pro Tern Ramsey stated the chair would rule anything like that out of order because he felt it would be unfair to change the plan since it was Planned Development and a plan had been submitted on what they planned to do. Councilman Davis stated that under Section 3, Article 8, Zoning Ordinance it was stated that "in approving the development plan and the ordinance establishing the Planned Development District, the City Council shall, after recommendation by the City Planning Commission, specify such maximum height, floor area ratio, density and minimum off-street parking and loading standards within the limits of those specified in the districts listed for the specific uses as is appropriate for the development." Councilman Davis asked the City Attorney for an interpretation. Mr. McEntire stated that if the Council attempted to make it less restrictive than when it came before the Planning and Zoning Commission, it must go back to Planning and Zoning. Mr. McEntire stated the Council was entitled by vote to give guidance in respect to the plan itself. Councilman Davis asked if the Council could upgrade the plan. Mr. McEntire stated yes. Councilman Davis asked if the Council made recommendations for upgrading and the developer agreed, was that legal. April 25, 1983 Page 5 April 25, 1983 Page 6 Mr. McEntire stated he would have to change the plan. Councilman Fisher stated that Mr. Tompkins referred to conceptual things, how much could he deviate. Mr. Tompkins stated that he had not submitted the final plan and once the Council approved, the plans would be were submitted so a building permit could be obtained and the staff would make sure that all requirements had been met. Councilman Fisher stated that he was against 25 units to the acre and felt the Council should adhere to the ordinance that called for 19 units per acre. Mr. Tompkins stated the higher the density on the tract the better the quality of the community would be. Mr. Tompkins stated it was a matter of economics. Councilwoman Hinkle asked if children were not going to be allowed. Mr. Tompkins stated children would not be allowed. Councilwoman Hinkle stated the Council had been provided with a beautiful presentation, but did not receive it until about 30 minutes before the meeting and unfortunately had not had a chance to look it over properly. Councilman Newman asked if the City had an ordinance on develop- ment of this nature governing only having one entrance. Mr. Riddle stated there was no ordinance, but the City could establish other entrances for the Fire Department. Councilman Newman asked if it would not be dangerous with only one entrance. Mr. Riddle stated yes, if there was a major fire. Mayor Pro Tern Ramsey stated he felt what was being proposed was of good quality, however he wished it could be done under the present ordinance. Mayor Pro Tern Ramsey stated he had problems with all the variances that was being asked for. Mr. Tompkins stated the reason for the variances was because of the economics. Mayor Pro Tern Ramsey stated that somewhere, what was right and fair for the community had to be set. Councilwoman Hinkle stated she had a problem with the abandonment of Newman Drive and felt it would put too much traffic on Emerald Hills. Mr. Tompkins stated he did not feel it would put more traffic on Emerald Hills. Mr. Tompkins stated the problem on Newman Drive was that a bridge would have to be built and would add more traffic to the north by the school. Mayor Pro Tern Ramsey called for anyone wishing to speak in opposition to the request to please come forward. Mr. Richard Compton, 5608 Newman Drive, appeared before the Council. Mr. Compton stated he would like to see this type of development in North Richland Hills. Mr. Compton stated he was in favor of the abandonment of Newman Drive because of the present traffic on Newman. Mrs. Allan Chaffin, 5144 Jennings, appeared before the Council. Mrs. Chaffin asked how the developer could vary from the 75% masonry requirement that the ordinance called for. Mr. Chaffin stated fire was her main concern. Mayor Pro Tern Ramsey stated the Council had the authority to grant a variance, it had been done in the past, but had not been done recently. Mrs. Chaffin stated she felt the variance would detract the appearance. Mrs. Mytris Byrd, 8520 Little Dude Court, appeared before the Council. Mrs. Byrd stated she would like to see an office building built instead of Planned Development. Mrs. Byrd stated the Zoning Ordinance was passed for the health, safety and welfare of the citizen and she would like for it to be enforced. Mrs. Byrd stated her concern was fire, flooding, traffic and the three stories. Mrs. Byrd stated she would like to see the case postponed. There being no one else wishing to speak, Mayor Pro Tern Ramsey closed the public hearing. 16. Councilman Hubbard moved, seconded by Councilman Newman, to deny PZ 83-21, Ordinance No. 1023. Councilman Hubbard stated his concern was that children would not be allowed in the complex and he felt that if someone could afford to live there, they should not be denied the right just because they had children. Councilman Kenna stated he had the same concern as Councilman Hubbard and also had a problem with abandoning Newman Drive. April 25, 1983 Page 7 CONSIDERATION OF ORD INANCE FOR PZ 83-21 POSTPONED ORDINANCE NO. 1023 April 25, 2983 Page 8 Councilman Davis moved to amend the motion to postpone this request and the Developer and Council have a work session to try and work something out. Councilman Fisher seconded the motion. Amended motion carried 6-0. Councilman Kenna stated he would like to compliment the Staff, Ron McKinney and Pam Burney for their efforts in working on the ordinance. Councilman Kenna stated he felt it was a good ordinance. CONSIDERATION OF ANIMAL CONTROL ORDINANCE APPROVED ORDINANCE NO. 1024 17. Councilman Davis moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 1024. Mayor Pro Tern Ramsey stated he would like to thank Councilwoman Hinkle and Councilman Kenna for their input on the ordinance. Motion carried 6-0. *18. CONSIDERATION OF RESOLUTION ON PROPOSED FEDERAL SANCTIONS UNDER CLEAN AIR ACT APPROVED *19. CONSIDERATION OF AWARDING BID FOR JOHNSON WATER TANK REPAIR AND REPAINTING APPROVED *20. CONSIDERATION OF AWARDING BID FOR (1) TRACK LOADER AND (1) TRAILER APPROVED *21. CONSIDERATION OF AWARDING BID FOR (1) BIO-PHONE (MOBIL PHONE FOR PARAMEDICS) APPROVED *22. CONSIDERATION OF AWARDING BID FOR (1) NEW MODULAR AMBULANCE APPROVED *23. *24. 25. Postponed 26. None 27. Mayor Pro Tern Ramsey adjourned the April 25, 1983 meeting. ATTEST: rLé0~/' ~ anette Moore - City Secretary April 25, 1983 Page 9 CONSIDERATION OF CHANGE ORDER #1, IN THE AMOUNT OF $42,057.94 - SNOW HEIGHTS STREET AND DRAINAGE PROJECT APPROVED CONSIDERATION OF AWARDING BID FOR ECG MONITOR - PRINTER DEFIBRILLATOR APPROVED PUBLIC HEARING - CBS/BLACK HAWK CABLE TV RATE INCREASE REQUEST POSTPONED CITIZEN PRESENTATION ADJOURNMENT