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HomeMy WebLinkAboutCC 1983-06-27 Minutes Present: Absent: ITEM DISCUSSION OF UTILITY DEPART- MENT PROCEDURES (MAYOR PRO TEM RAMSEY) DISCUSSION OF APPOINTMENTS TO CABLE ADVISORY PANEL (AGENDA ITEM 119) NOTES ON PRE-COUNCIL MEETING JUNE 27, 1983 Dick Faram Rodger Line Jim Ramsey Jim Kenna Richard Davis Marie Hinkle Dennis Horvath Richard Albin Mike McEntire Lou Spiegel John Whitney Mayor City Manager Mayor Pro Tem Councilman Councilman Councilwoman Assistant City Manager City Engineer Acting City Attorney Finance Director Purchasing Agent Gene Riddle Harold Newman Dick Fisher Public Works Director Councilman Councilman DISCUSSION Mayor Pro Tem Ramsey briefed the Council on an incident regarding a citizen's overdue water bill that resulted in water being cut off. Discussion followed on the possible identification of flagrant abusers of the current water policies. Larger deposits were discussed, as well as having the computer reprogrammed to identify the flagrant abuser. Mayor Faram appointed a committee to review our policies and recommend a new policy to the Council. Committee members are Jim Kenna, Richard Davis, Rodger Line and Lou Spiegel. The Mayor will recommend the following citizens to serve on the Cable Advisory Panel: Rev. Ray Fulenwider Beverly Riley Dr. Norman Ellis Marge Isbell Nancy Gum Tiffany Nourse Marie Hinkle ASSIGNMENT RNL - Set Meeting. Lou - Determine capability of computer to analyze pay- ment records. Jeanette - Letter of notification. Page 2 6/27/83 Pre-Council ITEM DISCUSSION ASSIGNMENT DISCUSSION OF CBS/Black Hawk rate increase request was discussed. REQUEST OF CBS/ BLACK HAWK Major concern was the $5.00 per service per month COMMUNICATIONS (AGENDA ITEM #11) charge on the second box. 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, JUNE 27, 1983, 7:30 P.M. 1. Mayor Faram called the meeting to order at 7:30 p.m., June 27, 1983. 2. Dick Faram Jim Ramsey Jim Kenna Richard Davis J.C. Hubbard Marie Hinkle Present: Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Staff: Rodger Line Jeanette Moore Dennis Horvath Richard Albin Mike McEntire City Manager City Secretary Assistant City Manager City Engineer Acting City Attorney Absent: Dick Fisher Harold Newman Rex McEntire Councilman Councilman City Attorney Mayor Faram recognized Mr. Bill Rutledge and Mr. Thomas Holcomb, students at Columbia College majoring in Municipal Government, being taught by Mr. Dennis Horvath. 3. The invocation was given by Councilwoman Hinkle. 4. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey to approve the minutes of the recessed meeting, June 13, 1983. Motion carried 5-0. 5. Mayor Pro Tem Ramsey moved, seconded by Councilwoman Hinkle, to approved the minutes of the regular meeting June 13, 1983. Motion carried 5-0. 6. None 7. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to approve the consent agenda, items #22, 23, 24 and 25. Motion carried 5-0. CALL TO ORDER ROLL CALL INVOCATION CONSIDERATION OF MINUTES OF THE RECESSED MEETING JUNE 13, 1983 APPROVED CONSIDERATION OF MINUTES OF THE REGULAR MEETING JUNE 13, 1983 APPROVED CONSIDERATION OF REMOVING ITEM(S) FROM CONSENT AGENDA CONSIDERATION OF CONSENT AGENDA (ITEMS #22, 23, 24 AND 25) APPROVED 8. Mayor Faram advised that on the recommendation of Councilman Dick Fisher, liaison to the Civil Service Commission, he would appoint Mr. Jeff Newsom and asked the Council to ratify the appointment. Council ratified the appointment. 9. Mayor Pro Tem Ramsey moved, seconded by Councilman Davis, to appoint the following persons to the Cable Advisory Panel for two year terms: Ray Fulenwider, Norman Ellis, Nancy Gum and Councilwoman Marie Hinkle. Motion carried 5-0 10. Mayor Faram advised the Council that Councilman Newman, liaison to the Board of Adjustment had recommended the re-appointment of Harold Schubert, two year term and the appointment of Hans Kossler, two year term. Mayor Pro Tem Ramsey moved, seconded by Councilman Kenna, to approve the appointments. Motion carried 5-0. 11. Mr. Joe Hipple, Vice President, CBS/Black Hawk, appeared before the Council and made the following presentation: Joe Hipple stated, I have been before you many times in the past with more pleasant items. Unfortunately I am here for a not so pleasant one, but a vital one in the interest of maintaining the standard of service in North Richland Hills through cable television and that is to seek an increase in our rates from their present structure to a new structure we proposed several months ago. You do have the recommendation of the consultant and I don't want to be repetitious on the information you already have. We had the public hearing in Haltom City approximately three weeks ago and they passed the increase. We agreed to lower the rate for the pay TV on additional outlets from $5.00 to $3.00 and that is something that we could do in North Richland Hills also. The rate increase is necessary for our company. One of the reasons is we have not come before you in the four years we have been operating, although we are allowed to according to the franchise. We tried to hold our rates as long as possible before seeking an increase in order to give the best deal possible to the citizens of North Richland Hills. In the last four years inflation in the United States has increased 44%. In the Dallas/Fort Worth area it has been hit with over 50%. Even though inflation rose to such a height we kept up our service. In the meantime our electric rates have gone up 56%, telephone 87%, and planning to rise again. The cost of our service call has gone up 24%. That is, servicing a home which we do not charge for Page 2 June 27, 1983 CONSIDERATION OF APPOINTMENT TO CIVIL SERVICE COMMISSION APPROVED CONSIDERATION OF APPOINTMENTS TO CABLE ADVISORY PANEL APPROVED CONSIDERATION OF APPOINTMENTS TO BOARD OF ADJUST- MENT APPROVED PUBLIC HEARING REQUEST OF CBS/BLACK HAWK COMMUNICATIONS FOR RATE INCREASE (RECESSED AT THE JUNE 13, 1983 MEETING) Page 3 June 27, 1983 for when they have problems with their cable, regardless if it is the fault of the subscriber through someone accidently breaking it. We made those calls free of charge. Our cost of installation has gone up over 20%, but we are not seeking an increase in those rates. We still want to make it easy for the people to get on the service so we intend to keep the installation rate the same rate they were four years ago. Our converter repairs, which is the box that brings in all the channels through the TV set, have been tremendous. In 1982, for misuse of converts, we spent $41,000. To date this year we have spent $35,000 and not half of the year is over. Property taxes were a big surprise to us last year when we received a 200% increase in our property taxes to the District. Our program related expenses for the programs that we bring have risen on the average of 15% to 20%. Our program expenses that we were getting at a very normal charge are going up drastically this fall. One being ESPN, which we have been receiving free, now is going to start charging us ten cents a month for each subscriber. Our MTV is going to start charging on a per subscriber basis, which we think is going to be around $0.50 per month. Copy right fees have risen from $21,000 to over a $100,000 in the last four years. We had an automatic pass through of copy right fees in our franchise agreement and we never enacted that pass through in order to keep the rates down for all the citizens. We have maintained a high level of commu- nity service to each of our cities and maintained a high profile and have given them anything they wanted as far as access and a good local regionation and local programming. One of the newest things we are doing is the RYA games and intend to cover the all star games and the play-offs. They have been on every Saturday morning. Local regionation in North Richland Hills has approach- ed over $30,000 per year in special programs just for the City. Of course we intend to continue this. We have donated over $30,000 to local charities in benefits that we have been asked to support. We have installed all of the schools in the Birdville School District. We wired the schools more than what the franchise requires us to. Tarrant County Junior College has a two- way active line between our tower site and the college was done at a cost of over $15,000 and we did that three years ago and they have been able to go live with programming out of the college. We feel our rate request is very reasonable based on not coming before you in four years and when you take our request it breaks down to a little over 7% per year, which is very reasonable. Even with this increase we are still going to be below the Texas average for similar or even less services than ours. The Texas average rate is $9.25 and we won't be approach- ing that. We are asking for $8.50 on basic. We experienced a total loss in 1981 and 1982 in North Richland Hills of 1.2 million dollars and the loss in all of the systems in Hurst, Keller, North Richland Hills and Haltom City was over 3.3 million dollars in the last three years. With the increase we are going to receive a 7% retainer in our investment. Anyone of you business men know you can't operate a business on 7% return, yet that is what we are going to get under the increase. Briefly, that is the reason we are coming to you. We wish we could avoid it but we are in a position where we can't right now. Mayor Pro Tem Ramsey asked what the basic included. Mr. Hipple stated the basic was approximately 26 channels. Mayor Pro Tem Ramsey asked if it included Cinemax, Home Box Office or Showtime. Mr. Hipple stated no, those were premium channels. Mayor Pro Tem Ramsey stated he felt the Council had made a mistake in not letting the Cable Advisory Committee be a part of this process. Mayor Pro Tem Ramsey stated he felt it should be a matter of record that the committee was not given the opportunity to be a part of the discussion. Mr. Hipple stated he had attended the last two meetings of the Cable Advisory Committee. Mayor Pro Tem Ramsey asked Mr. Hipple if he had any statistics on the percentage of coverage for city versus city. Mr. Hipple stated that all the cities in the northern area in the CBS/Black Hawk system were averaging 50%. Mayor Pro Tem Ramsey stated that Mr. Hipple had said in a letter sent to the City that they had never charged for additional outlets but would start charging $5.00 per service on July 1, 1983 and he understood that had been changed to $3.00 for Haltom City. Mr. Hipple stated that was correct. Mayor Pro Tem Ramsey asked what the charge actually was for. Mr. Hipple stated the charge was for additional outlets for the Pay Television. Mayor Pro Tem Ramsey asked if the charge was for the box and not the channels. Mr. Hipple stated it was for per channel, per month. Councilman Hubbard asked if it was for per outlet. Mr. Hipple stated it was per pay service. Mayor Pro Tem Ramsey stated that if a person had Home Box Office Showtime and Cinemax it would be three time three and not three times the box. Mr. Hipple stated that was correct. Mayor Pro Tem Ramsey asked what would be wrong with keeping the basic the same and the people that desired Home Box Office or Cinemax, let them pay and not spread the cost to everyone. Page 4 June 27, 1983 Mr. Hipple stated it would be impossible for the company to operate on the revenues from only the Pay Television. Mayor Pro Tem Ramsey stated there was some question as to whether the City should have put the cable out for rebidding. Mr. Hipple stated that was the City's prerogative, but did not feel the service would be as satisfactory. Councilman Kenna stated that Mr. Hipple mentioned that the increase would only amount to 7% per year, but it would actually amount to about 70% which was about 17~ percent if a person had more than one converter. Mr. Hipple stated it would be about 44%. Councilman Kenna stated that in that case it would be about a 70% to those that had more than one box and about 28% to those with only one. Mr. Hipple stated that he would be willing to negotiate this particular rate increase. Haltom City had expressed the same concern and it had been decreased to $3.00. Councilman Kenna stated he did not have a problem with the basic rate request but the charge for additional outlets looked a little out of proportion. Mayor Pro Tem Ramsey stated the only thing the City controlled was the basic rate and the additional outlets. Theoretically, the rated for additional service was between the cable com- panies and FCC. Mr. Hipple stated that as a company they did not support that bill and would not raise the rates without coming to the City first. Councilman Davis asked what the proposed $0.50 charge for converter box maintenance was for. Mr. Hipple stated that unfortunately some tried to rework the converters to obtain additional services and when they did it damaged the converters and it cost the company $12.00 to have them repaired. Councilman Davis stated he felt they were really just putting $0.50 on to the basic rate with charge. Mr. Hipple stated it could have been included in the basic rate, but they were trying to specify what the charges were. Page 5 June 27, 1983 Councilman Davis stated he felt that if someone broke or damaged a converter they should have to pay for it and not everyone if nothing was wrong with their converter. Councilman Davis stated that with this charge he could pay for a new converter in two years. Mr. Hipple stated the converters cost $78.00. Councilman Davis asked what the $12.00 represented. Mr. Hipple stated that was the cost to repair them. Councilman Davis stated that still in two years he would be paying the cost of repair and nothing would be wrong with the converter. Mayor Faram advised Councilman Davis to confine his questions to the rate increase because this type of discussion was really in the negotiating process as opposed to the rate request. Mayor Faram stated he had been asked to call on the Chairman of the Cable Advisory Committee for any comments from the committee. Mrs. Beverly Riley, Chairman, appeared before the Council. Mrs. Riley stated that Mr. Hipple and Mr. Mohand both had attended the last two meetings of the committee and answered several questions. Mrs. Riley stated the committee had studied the rate request and felt there was some justification in the basic request. Mrs. Riley stated the committee felt that CBS/Black Hawk could and should make some improvements in the basic service. Mrs. Riley stated the committee recommended that the Council get a specific commitment from CBS/Black Hawk to complete improvements in the basic service. Mayor Faram asked if the committee would go along with the rate request if a commitment was made on specific improvements. Mrs. Riley stated yes, the committee would like for the directory service, and the weather channel to be improved and religious programs activated. Mrs. Riley stated she realized the religious leaders would have to activate the religious programs. Mayor Faram asked if these requests had been discussed with CBS. Mrs. Riley stated yes. Mayor Faram asked what their response was. Mrs. Riley stated they did not ask for responses. Mayor Pro Tem Ramsey asked Mrs. Riley if the main thing the committee wanted was the directory and weather service. Page 6 June 27, 1983 -------.-.------- - --~--- ----~- ~-~ ~._----~--- Mrs. Riley replied yes. Mr. Hipple stated that there had been a problem with the radar and they took it off. It was in the capital budget for next year. Mr. Hipple stated they were working with a company on the directory service and it should be on by early fall. Mr. Hipple stated the religious channel was still open. It was up to the religious leaders to use it. Mayor Pro Tem Ramsey stated he felt the weather radar and directory service should be tied to a date as to when it would be in service. Mayor Faram stated he would recommend the Council approve the request as written or postpone it in favor of a negotiating session. Mayor Faram asked Mr. Hipple if that would be satis- factory with him. Mr. Hipple stated they were in a time constraint and would appreciate action on the request now. Mayor Faram closed the public hearing. Mayor Faram called a ten minute recess. Mayor Faram called the meeting back to order. The same Council members and Staff were present as listed at the beginning of the meeting. Councilman Kenna moved, seconded by Councilman Hubbard, to approve the basic request for a rate increase and reduce from $5.00 to $2.00 for the additional charge for each converter. Mayor Pro Tem Ramsey moved, seconded by Councilman Davis, to amend the motion, by adding that the directory service and weather radar be added no later than 180 days after the rate increase July 4, 1983. Mayor Pro Tem Ramsey asked Mr. McEntire if the City could rescind the rate increase if the services were not in effect within 180 days. Mr. McEntire stated the Council could attempt to rescind it. Councilman Kenna stated that no one likes rate increases but felt a company could not operate based on rates four years ago. Councilman Hubbard stated that he felt CBS/Black Hawk had been very forward with the City and if they said they were going to have the requested services in 180 days they would. Page 7 June 27, 1983 RECESS BACK TO ORDER Amended motion carried 5-0. Original motion carried 5-0. 12. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Thomas Elting, 6633 Grapevine Highway, appeared before the Council, representing Dr. Anderson. Mr. Elting stated that Dr. Anderson wanted to build a veter- inarian clinic. Mr. Elting stated the site where Dr. Anderson wanted to build was at the far north city limits of North Richland Hills. Mr. Elting stated the clinic would be for small and large animals and would be an asset to the City. Dr. Anderson appeared before the Council. Dr. Anderson asked the Council to give his request kind consideration. Mayor Faram called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 13. Councilman Hubbard moved, seconded by Councilman Kenna, to approve Ordinance No. 1036. Motion carried 5-0. 14. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. John Parish, 5137 Davis Boulevard, appeared before the Council. Mr. Parish stated he had developed Meadowview Estates, Phase I and II, which was next to the property they were requesting to be rezoned. Mr. Parish stated he had made some written agreements if the zoning was approved, and that being the first three lots facing on Rumfield would have homes a minimum of 2,000 square feet and would be deed restricted. Mr. Parish stated he had also agreed to cul-de-sac Ellis Drive. Councilman Hubbard asked what the size the back yard would be on IF-8 lot. Mr. Parish stated there would be plenty of back yard. Councilman Hubbard asked if some of the houses would be two story. Page 8 June 27, 1983 PLANNING & ZONING - PUBLIC HEARING PZ 83-35, REQUEST OF DAN J. ANDERSON, D.V.M. TO REZONE A PORTION OF TRACT 10F, THOMAS PECK SURVEY, ABSTRACT 1210, FROM AGRICUL- TURE TO COMMERCIAL (LOCATED ON THE WEST SIDE OF DAVIS BOULEVARD APPROXI- MATELY 600 FEET NORTH OF THE INTER- SECTION OF SHADY GROVE AND DAVIS BOULEVARD) CONSIDERATION OF ORDINANCE FOR PZ 83-35 APPROVED ORDINANCE NO. 1036 PLANNING & ZONING - PUBLIC HEARING PZ 83-36, REQUEST OF P & S CONSTRUC- TION COMPANY TO REZONE TRACT 13A, STEPHEN RICHARDSON SURVEY, ABSTRACT 1266, AND A PORTION OF LOT 4 AND LOTS 5 THRU 7, BLOCK 1, MEADOWVIEW ESTATES FROM AGRICULTURE, IF-12 AND IF-9 TO IF-8-1600 AND IF-8- 1800-0NE FAMILY DWELLINGS (LOCATED ON THE NORTH SIDE OF RUMFIELD ROAD, EXTENDS APPROXI- MATELY l,090 FEET AND APPROXIMATELY 666 FEET EAST OF DAVIS BOULEVARD) Mr. Parish stated yes, the ones on Rumfield probably would be. Mayor Faram called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 15. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to approve PZ 83-36, Ordinance No. 1037. Motion carried 5-0. 16. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Gordon Swift, Engineer, appeared before the Council. Mr. Swift stated that the original request was for 1,400 square foot homes but they had agreed to build 1,500 square foot as recommended by Planning and Zoning. Mayor Pro Tem Ramsey asked if they had agreed to build 1,500 square feet. Mr. Swift stated they had agreed to 1F-8-1500. Mayor Faram asked if this property was located in the flight pattern to the north-south run-way to the airport. Mr. Smith stated yes, it was to the north of the airport. Mayor Faram asked if it was off the end of the run-way a certain number of feet. Mr. Swift stated it was a couple of thousand feet off the run- way. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 17. Councilman Hubbard moved, seconded by Councilman Davis, to approve PZ 83-37, Ordinance No. 1038, with the stipulation of 1F-8-1500. Mayor Faram asked Mr. McEntire what the City's liability was, if any, making it known that this was a dangerous place to live. Mr. McEntire stated the City would not be liable. Motion carried 5-0. Page 9 June 27, 1983 CONSIDERATION OF ORD INANCE FOR PZ 83-36 APPROVED ORDINANCE NO. 1037 PLANNING & ZONING - PUBLIC HEARING PZ 83-37, REQUEST OF DOMINION PROPER- TIES TO REZONE TRACTS 7E, 7F, & 7K, T.K. MARTIN SURVEY ABSTRACT 1055, FROM AGRICULTURE TO 1F-8- 1400-0NE FAMILY DWELLINGS (LOCATED ON THE NORTH SIDE OF MARTIN ROAD, BOUNDED ON THE WEST AND NORTH BY GLENANN ADDITION AND APPROXIMATELY 800 FEET WEST OF CRANE ROAD) CONSIDERATION OF ORD INANCE FOR PZ 83-37 APPROVED ORDINANCE NO. 1038 18. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Councilman Davis asked to be excused from the Council table because of a possible conflict of interest. Mayor Faram excused Councilman Davis. Mr. Frank Kimmell, Trustee, appeared before the Council. Mr. Kimmell stated that to the east of this tract it was undeveloped, but zoned 2F-9; the southeast corner was zoned commercial; to the south it was zoned industrial, southwest North Park Estates which was zoned 1F-7 and on the west Richfield Park zoned agriculture. Mr. Kimmell stated they were requesting three different levels of zoning on this tract, on the north of Chapman 1F-9 with 1,500 square feet minimums. Mr. Kimmell stated that according to the tax records 92% of the existing homes in this area were 1,600 square feet. Mr. Kimmell stated that where his property adjoined North Park Estates they planned to put IF-8-1400. Mr. Kimmell stated that for the balance of the tract they had originally requested 1F-8- 1200 and in discussion with the Planning and Zoning Commission agreed to change it to IF-8-1300. Mr. Kimmell stated there had been discussion in north/south collector street and thought Little been planned originally as a collector street. proposed to plat Fox Hollow Lane as a collector the past on a Ranch Road had However, they street. Mr. Kimmell stated that there was presently a flood problem related to this tract. Most of the tract drained in a south- westerly direction in a y-inlet in North Park Estates. Mr. Kimmell stated his drainage and storm sewer plan would divert the run off directly into the creek in the park. Mr. Kimmell stated he felt this zoning request was constant with or greater than the zoning in the area at the present time. Mayor Pro Tem Ramsey asked if the drainage would flow thru the park to the creek. Mr. Kimmell stated it would be underground drainage. Mayor Pro Tem Ramsey asked the total number of homes there would be. Mr. Kimmell stated two hundred sixty-nine. Page 10 June 27, 1983 PLANNING & ZONING - PUBLIC HEARING PZ 83-40, REQUEST OF FRANK KIMMELL, TRUSTEE, TO REZONE TRACTS 12 & 12A, JOHN BARLOUGH SURVEY ABSTRACT 130 AND TRACT 2, WILLIAM MANN SURVEY, ABSTRACT 1010, FROM AGRICULTURE TO IF- 9-1500, IF-8-1400 AND IF-8-1200 ONE FAMILY DWELLINGS (LOCATED ON THE SOUTH SIDE OF CHAPMAN ROAD AND BOUNDED ON THE WEST BY RICHFIELD PARK) Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. Mr. Fred Livingston, 6401 Little Ranch Road, appeared before the Council. Mr. Livingston stated he opposed making Little Ranch Road a through street and he felt there would be too much traffic. Mayor Faram asked Mr. Livingston what he proposed as an alternate. Mr. Livingston stated Fox Hollow. Mayor Faram stated the streets would be addressed in the platting process. Mayor Faram asked Mr. Albin if Little Ranch Road had ever been designated as a collector street. Mr. Albin stated no. There being no one else wishing to speak, Mayor Faram closed the public hearing. 19. Councilman Hubbard moved, seconded by Mayor Pro Tem Ramsey, to approve PZ 83-40, Ordinance No. 1039, with the stipulation of IF-9-1500 and IF-8-1500. Motion carried 4-0. Councilman Davis returned to the Council table. 20. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Bobby McMillan, with Folsom Investment, appeared before the Council. Mr. McMillan stated the reason for this zoning request was to straighten up the boundary lines and have a more usable size tract. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 21. Mayor Pro Tem Ramsey moved, seconded by Councilman Kenna, to approve PZ 83-41, Ordinance No. 1040. Motion carried 5-0. Page 11 June 27, 1983 CONSIDERATION OF ORDINANCE FOR PZ 83-40 APPROVED ORDINANCE NO. 1039 PLANNING & ZONING - PUBLIC HEARING PZ 83-41, REQUEST OF FOLSOM INVESTMENTS, INCORPORATED, TO REZONE 1.44 ACRES OUT OF LOT 1, BLOCK 1, WALKER BRANCH ADDITION FROM MULTI- FAMILY TO LOCAL RETAIL (LOCATED APPROXIMATELY 150 FEET NORTHWEST OF HIGHWAY 26 ON EMERALD HILLS WAY) CONSIDERATION OF ORDINANCE FOR PZ 83-41 APPROVED ORDINANCE NO. 1040 *22. *23. *24. *25. 26. Mr. Gary Teague, Consulting Engineer, representing Mr. Flories appeared before the Council. Mr. Teague stated Mr. Flories owned property in Holiday West that was zoned for apartments. Mr. Teague stated there would be approximately 220 units. Mr. Teague stated Mr. Flories had a particular type of apartment he desired to build and the exterior of the buildings would be 30.2% brick, 52.8% stucco and 16.9% wood. Mr. Teague stated that each apartment unit would contain a smoke detector. Mayor Pro Tem Ramsey moved, seconded by Councilman Hubbard to deny this request. Motion carried 5-0. 27. Not present. Page 12 June 27, 1983 CONSIDERATION OF BUDGET SUPPLEMENT FOR THE LIBRARY APPROVED CONSIDERATION OF AWARDING BID FOR SEAL COAT APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #5, IN THE AMOUNT OF $40,406.82 TO STOLARUK-NORTH HILLS STREET AND DRAINAGE IMPROVE- MENTS APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #4, IN THE AMOUNT OF $3,034.30 TO STOLARUK-HOLIDAY NORTH STREET AND DRAINAGE IMPROVEMENTS APPROVED CONSIDERATION OF REQUEST OF B. R. FLORIES FOR A VARIANCE TO THE BRICK ORDINANCE DENIED CITIZEN PRESENTATION MR. GARY BRYANT - T.C.O.A.D.A. RE: SUPPORT FROM ALCOHOL TAX FUNDS Mrs. Patricia Pettit, 3736 Kris, appeared before the Council. Mrs. Pettit stated she was having a problem with her neighbor's cats and dogs coming into her yard. Mr. Pettit stated some ordinance should be passed to make the owners keep their cats up. Mr. Line stated he would like to point out that sometime ago the Council did revise the animal control ordinance making it a requirement that cat owners keep their cats up and licensed and under control under the same manner that presently requires them to keep dogs. Mr. Line stated the ordinance had not been enforced yet because the City felt the citizens should be made aware of it. Mr. Line stated the target date for beginning to enforce the ordinance was October 1, 1983. Mrs. Pettit asked if she could rent a cat-catcher cage and catch them herself because they were just as prone to have rabies as dogs, and have the City pick the cat up. Mr. McEntire stated that you did not have to have an Animal Control Officer come out and pick up the cat if you knew who it belonged to. You could file a complaint. Mayor Faram asked if the City could take the cat if caught in a cage. Mr. McEntire stated there might be a problem with taking some- one elses cat. Mr. Pettit stated another problem she had was mosquitoes caused by Fossil Creek. Mrs. Pettit asked if the City could spray at least twice a week. Mr. Line stated he would check on the possibility of spraying twice a week. Mr. Frank Kimmell appeared before the Council. Mr. Kimmell stated that the motion on PZ 83-40 was different than what he had asked for and he would like for the Council to rescind the motion and let him resubmit the request. Mayor Faram asked for a motion from the Council on reconsideration of Mr. Kimmell's request. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to reconsider PZ 83-40. Motion failed. Page 13 June 27, 1983 Page 14 June 27, 1983 29. Mayor Faram adjourned the meeting of June 27, 1983. ADJOURNMENT ATTEST: ·í:2¿-U#¿/ Secretary ¿:Jr Ju~ MayJ{