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HomeMy WebLinkAboutCC 1983-09-12 Minutes Present: ITEM NOTES ON PRE-COUNCIL MEETING SEPTEMBER 12, 1983 Dick Faram Rodger Line Jim Ramsey Jim Kenna Richard Davis Harold Newman Dick Fisher J.C. Hubbard Marie Hinkle Dennis Horvath Rex McEntire Mike McEntire DISCUSSION JOINT MEETING OF THE CITY COUNCIL AND THE PLANNING & ZONING COMMISSION DISCUSSION OF NEW PROPOSED ZONING ORDINANCE Mayor City Manager Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Councilwoman Assistant City Manager City Attorney Attorney ASSIGNMENT The Planning and Zoning Commission briefed the Richard AlbinI Gene Riddle Council on the new thoroughfare plan, as well as the locations of the new zoning categories within the city. Council tentatively approved the plan. Richard Albin will prepare the new zoning map and thoroughfare plan in accordance with drawings received from George Tucker. The Council directed that major thoroughfares, secondary thoroughfares and collector streets be identi- fied with street widths. Gene Riddle will prepare the definitions to be contained in the ordinance for Council's review prior to September 26th, 1983. On October 10th, 1983 the maps, definitions and final draft should be prepared and a schedule of events for Public Hearings and adoption will be finalized at that time. PRE-COUNCIL DISCUSSION OF EMPLOYEE BENEFITS (COUNCILMAN DICK FISHER) DISCUSSION OF ARCHITECTUAL CONTRACT (AGENDA ITEM 1118) DISCUSSION OF ORDINANCE AMEND- ING ZONING ORDINANCE - DUTIES OF THE BOARD OF ADJUST- MENTS (AGENDA ITEM 1113) DISCUSSION OF REQUEST OF KEM ADVERTISING FOR BILLBOARD PERMIT (AGENDA ITEM #16) ITEM DISCUSSION OF REQUEST OF MOBIL OIL FOR A VARIANCE FROM THE SIGN ORDINANCE (AGENDA ITEM #17) DISCUSSION OF ORDINANCE AMEND- ING ORDINANCE #381, WATER AND SEWER POLICIES - WATER BILLING POLICY CHANGE - DELINQUENT BILL FOR FIRST TIME (AGENDA ITEM #19) Page 2 Discussion cancelled NAN The Council voiced no objection to the proposed NAN contract. After discussion regarding the limiting of the NAN ZBA prerogatives, it was determined that this item be postponed indefinitely. Although the consensus was that the request was not in accordance with the sign ordinance, Councilman Kenna felt that the language in the sign ordinance was confusing and that a possible change to the ordinance may be appropriate. DISCUSSION ASSIGNMENT The discussion indicated that this request was not NAN a result of the misinterpretation of the sign ordinance and was merely a request for a variance. Councilman Kenna, Councilman Davis, Rodger Line and Jeanette- Council Agenda Lou Spiegel served on a committee appointed by the Sept. 26th, '83 Mayor to review and recommend changes to the water billing procedures. The intent of the proposed change was to give citizens five additional days to DISCUSSION OF MEMO CONCERNING FEES FOR ALCOHOLIC BEVERAGE POST COUNCIL pay their bill if it is the first time they have been delinquent during the current 12 month period. There was some misunderstanding regarding this change and this item will be postponed until the next Council Meeting. Mayor Faram commented that this was merely a notice to the Council of the increased fee for alcoholic beverage permits. Councilman Kenna voiced his concern over ambiguity in the sign ordinance. The Staff was directed to identify those sections of the ordinance that have been causing problems in regards to interpretations. The Staff was further directed to prepare any necessary changes to the Sign Ordinance and submit for Council consideration. Page 3 NAN Gene Riddle 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 - SEPTEMBER 12, 1983 - 7:30 P.M. 1. Mayor Faram called the meeting to order September 12, 1983, at 7:30 p.m. 2. Dick Faram Jim Ramsey Jim Kenna Richard Davis Dick Fisher Harold Newman J.C. Hubbard Marie Hinkle Present: Staff: Rodger Line Jeanette Moore Dennis Horvath Rex McEntire Richard Albin Planning & Zoning Marjorie Nash Don Bowen George Tucker Press: Mark England Dan Reed Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Councilwoman City Manager City Secretary Assistant City Manager City Attorney City Engineer Members: Mid Cities Star Telegram 3. The invocation was given by Councilman Hubbard. 4. Councilwoman Hinkle moved, seconded by Mayor Pro Tem Ramsey, to approve the minutes of the regular meeting August 22, 1983. Motion carried 7-0. 5. Councilman Davis removed items #8 & 9. 6. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve the consent agenda. Motion carried 7-0. CALL TO ORDER INVOCATION CONSIDERATION OF MINUTES OF THE REGULAR MEETING AUGUST 22, 1983 APPROVED CONSIDERATION OF REMOVING ITEMS FROM CONSENT AGENDA CONS IDERATION OF CONSENT AGENDA ITEM (S) #7, 10, 11, 12, 20, 21, 22, 23, 24, 25 & 26 APPROVED *7. 8. Councilman Davis asked to be excused from the Council table because of a possible conflict. Mayor Faram excused Councilman Davis. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to approve PS 83-83. Motion carried 6-0. Councilman Davis returned to the Council table. 9. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to approve PS 83-36. Councilman Davis stated that the Planning and Zoning Commission had approved this request with some stipulations. Councilman Davis stated that one of the stipulations was that a notation be made on the plat that no building permit would be issued on Lot 2 until such time paved access was provided for Lot 2 Block 35 from Todd Drive. Councilman Davis asked the City Attorney if the notation on the plat would be adequate. Mr. McEntire stated yes. Mayor Faram stated he would like to refer the letters of comment where the applicant took exception to paying pro rata for three sewer lines, if they were not going to use them. Mayor Faram asked if and when the applicant tapped on to the lines would they have to pay the pro rata. Mr. Line stated yes, on the lines they tapped on to. September 12, 1983 Page 2 PLANNING & ZONING PS 83-80, REQUEST OF CROSS ROADS DEVELOPMENT COMPANY FOR REPLAT OF BLOCKS 7R & 9R, SNOW HEIGHTS NORTH ADDITION (LOCATED ON THE NORTH SIDE OF LEWIS DRIVE BOUNDED ON THE EAST BY HOLIDAY WEST ADDITION AND THE NORTH BY MEADOW CREST DRIVE) PLANNING & ZONING PS 83-83, REQUEST OF DAVID SAUERWEIN & GINA POTTER FOR FINAL PLAT OF LOT 2, BLOCK 1, COULSON ADDITION (LOCATED ON THE WEST SIDE OF CRANE ROAD, EAST OF GLENANN ADDITION AND SOUTH OF AMUNDSON ROAD) APPROVED PLANNING & ZONING PS 83-86, REQUEST OF C.T. BECKHAM FOR FINAL PLAT OF HOLIDAY NORTH ADDITION, SECTION 10, (LOCATED ON THE EAST SIDE OF HOLIDAY LANE AND BOUNDED ON THE SOUTH BY TESCO RIGHT-OF- WAY) APPROVED Councilman Davis moved, seconded by Councilman Hubbard, to amend the motion to state "approved PS 83-86 subject to the Engineers' comments, except pro rata not be paid on the sewer unless the applicant taps on to the line and no building permit be issued on Lot 2, Block 35, until paved access was available from Circle Drive and Todd Drive". Councilman Kenna asked why the City would be concerned on access to the lot if a bridge was built that should be adequate. The applicant only owned the part where a bridge could be built. He did not own the other part. Councilman Davis stated one concern was fire protection. There was no dedication for a fire lane. The bridge would have to be big enough for emergency vehicles. Councilman Kenna stated that before any permits could be issued on that lot, access would have to be available that would permit emergency vehicles. Mayor Faram asked if there were safeguards to see that before anything was built on the lot that emergency vehicles would be able to get to it. Mr. Line stated a permit would not be issued if the lot could not be reached by emergency vehicles. Councilman Davis withdrew the portion of the motion that stated until paved access was available from Circle Drive and Todd Drive; Councilman Hubbard withdrew his second. Amended motion carried 7-0. Original motion as amended carried 7-0. *10. September 12, 1983 Page 3 PLANNING & ZONING PS 83-87, REQUEST OF STEVEN SIMPSON BUILDERS, INCORPORATED FOR REPLAT OF LOTS IB-R & lC, BLOCK 9, IRISH MEADOWS ADDITION (LOCATED ON THE NORTH SIDE OF EMERALD HILLS WAY AND WEST OF THE SCHOOL) APPROVED *11. *12. 13. Mayor Pro Tem Ramsey moved, seconded by Councilman Kenna, to postpone Ordinance No. 1055. Motion carried 7-0. 14. Mr. McEntire advised the Council the following changes had been made: "Section A. The total funds required to build the left turn bridge (described in the application) will be furnished by the applicant. The plan for the bridge must be accepted and approved by the Texas Department of Highways and the estimated cost of construction (as established by such Department) must be placed in escrow with the City before any building permit is issued for multi-family housing" "Section H. The plan presented to the City Council marked Exhibit "G", attached hereto and made a part hereof." Councilman Kenna moved, seconded by Councilman Davis, to approve ratification of Ordinance No. 1033 with the changes presented by the City Attorney. Mayor Pro Tem Ramsey stated that the night of the public hearing on Ordinance No. 1033 he had voted against the Ordinance and felt that in due respect he would vote against it tonight. September 12, 1983 Page 4 PLANNING & ZONING PS 83-88, REQUEST OF CROSS ROADS DEVELOPMENT COMPANY FOR REPLAT OF BLOCK 5, INDUSTRIAL PARK (LOCATED AT THE NORTHWEST CORNER OF RUFE SNOW DRIVE AND INDUSTRIAL PARK BOULEVARD) PLANNING & ZONING - PS 83-89, REQUEST OF MARY DARLING & G.C. FREEBY FOR REPLAT OF LOT 3R, BLOCK 1, VALLEY PARK ESTATES (LOCATED ON THE EAST SIDE OF CRANE ROAD AND APPROXIMATELY 176 FEET NORTH OF MARTIN ROAD) CONSIDERATION OF ORDINANCE AMENDING ZONING ORDINANCE - DUTIES OF THE BOARD OF ADJUSTMENT ORDINANCE NO. 1055 POSTPONED CONSIDERATION OF RATIFICATION OF ORDINANCE NO. 1033, MEADOW LAKES ZONING CASE DATED JUNE 13, 1983 APPROVED Motion carried 6-1; Councilman Kenna, Newman, Davis, Hubbard, Fisher and Councilwoman Hinkle voting for; Mayor Pro Tem Ramsey voting against. 15. Mayor Pro Tem Ramsey moved, seconded by Councilwoman Hinkle, to grant an appeal hearing for PZ 83-54 to be held October 10, 1983. Motion carried 7-0. 16. Councilman Davis moved, seconded by Councilman Fisher, to deny this request. Motion carried 6-1; Councilmen Davis, Fisher, Hubbard, Newman, and Pro Tem Ramsey and Councilwoman Hinkle voting for; Councilman Kenna voting against. 17. Mayor Pro Tem Ramsey moved, seconded by Councilman Hubbard, to deny this request. Motion carried 5-2; Mayor Pro Tem Ramsey and Councilmen Fisher, Hubbard, Davis and Newman voting for; Councilman Kenna and Councilwoman Hinkle voting against. 18. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve the contract for architectural services with Komatsu and Associates in the amount of $12,000. Councilman Hubbard asked if the City put this contract out for bids. Mr. Line stated this was considered a professional service and the suppliers of architectural services did not bid. Mr. Line stated the City did solicit and obtain seven or eight proposals for doing the work that did not submit a bid price. Mr. Line stated nine submitted statements of qualifications of which eight responded. Mr. Line stated a Staff Committee made of the Public Works Director, Police Chief, Assistant City Manager and himself ranked them as objectively as they knew how and the proposal of Komatsu and Associates ranked far and above the other firms. Councilman Hubbard asked if there were engineering firms in the City that had architectural consultants. Mr. Line stated yes, there were two or three that have offices in the City. Their proposals were not considered as substantial as Komatsu. Mayor Pro Tem Ramsey asked if Komatsu was the architect on the present facility. Mr. Line stated yes. September 12, 1983 Page 5 CONSIDERATION OF GRANTING AN APPEAL HEARING FOR PZ 83-54 GRANTED CONSIDERATION OF REQUEST OF KEM ADVERTISING FOR BILLBOARD PERMIT (POSTPONED AT THE AUGUST 22, 1983 MEETING) DENIED CONSIDERATION OF REQUEST OF MOBIL OIL FOR VARIANCE FROM THE SIGN ORDINANCE DENIED CONSIDERATION OF CONTRACT FOR ARCHITECTURAL SERVICES - KOMATSU & ASSOCIATES APPROVED Motion carried 7-0. 19. Councilman Davis moved, seconded by Mayor Pro Tem Ramsey, to postpone Ordinance No. 1056. Motion carried 7-0. *20. *21. *22. *23. *24. September 12, 1983 Page 6 CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 381 WATER AND SEWER POLICIES WATER BILLING POLICY CHANGE-DELINQUENT BILL FOR FIRST TIME ORDINANCE NO. 1056 POSTPONED CONSIDERATION OF ORDINANCE INCREASING WARRANT FEES ORDINANCE NO. 1057 APPROVED CONS ID ERATI ON OF ORDINANCE INCREASING MUNICIPAL COURT FINES ORDINANCE NO. 1058 APPROVED CONSIDERATION OF RESOLUTION OPPOSING LEGISLATION ON TEXAS JAIL STANDARDS APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #6, IN THE AMOUNT OF $33,897.33 TO STOLARUK-HOLIDAY NORTH STREET AND DRAINAGE IMPROVEMENTS APPROVED CONS IDERATION OF PARTIAL PAYMENT, ESTIMATE #7, IN THE AMOUNT OF $50,544.00 TO UNIVERSAL TANK & IRON WORKS, INCORPORATED - DAVIS BOULEVARD 2.0 M.G. ELEVATED STORAGE TANK APPROVED ........ *25. *16. 27. Mr. Line stated the staff was pleased to present a budget year that called for a reduction in the tax rate from $0.57 in the current year to $0.50 in the ensuing year, yet maintain a very strong financial position and upgrading City services where they were considered most deficient. Mr. Line stated that Public Safety, Financial Administration, Library and several other areas would be upgraded. Mayor Faram opened the public hearing and called for anyone wishing to speak to please come forward. Mrs. Connie Skinner, 4601 Lariat Trail, appeared before the Council. Mrs. Skinner asked if item #18 on the agenda, the $27,000 for the architectural services was part of the budget and what public buildings were going to be studied. Mr. Line stated that at the time the budget was prepared it was anticipated that the architectural services cost would be as much as $27,000. However the cost would only be $12,000. Mrs. Skinner asked if the present building was going to be studied. Mr. Line stated a portion of the building would be, the north end of the building where the Police Department was presently badly overcrowded. Mr. Line stated that opposed to studying the building the architect would study the space needed. Mr. Line stated that in addition a public works center, water, sewer and streets, as well as an animal shelter, would be studied. Mrs. Skinner stated that $45,000 for a message board as opposed to $15,000 for the community center was a little out of line. September 12, 1983 Page 7 CONS ID ERAT ION OF PARTIAL PAYMENT, ESTIMATE #3, IN THE AMOUNT OF $350,051.61 TO AUSTIN ROAD COMPANY - RUFE SNOW DRIVE, PHASE II APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #7, IN THE AMOUNT OF $104,587.78 TO AUSTIN ROAD COMPANY - SNOW HEIGHTS STREET AND DRAINAGE IMPROVEMENTS APPROVED PUBLIC HEARING PROPOSED 1983-84 OPERATING BUDGET FOR THE CITY OF NORTH RICHLAND HILLS Mayor Faram stated that the message board would be funded from the HotellMotel tax and expenditure of those funds had certain limitations, and that was for the promotion of the City. Councilman Kenna stated that provisions have been made for some of the funds from the hotellmotel tax and that hopefully in the future would provide a better community center. Mayor Faram closed the public hearing. 28. Councilman Hubbard moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 1059. Mayor Pro Tem Ramsey stated that during the budget process, and since that time, he had concerns about it. Mayor Pro Tem Ramsey stated that the 1983 General Fund Budget was 5.7 million and in 1984 it was 6.7, which indicated a 16% increase. Mayor Pro Tem Ramsey stated the Utility Fund was up 11% and the tax base was only projected to be 6%. Mayor Pro Tem Ramsey stated he would hate to see the City get in a posture to where the expenditures got ahead of the increase in the tax base. Mayor Pro Tem Ramsey stated he disagreed with seventeen added personnel and disagreed with nineteen take-home vehicles and he felt it was far in excess for a City this size. Mayor Pro Tem Ramsey stated he believed the City Manager put together a budget that he felt comfortable with and presented it to the Council and it was their job to look at it, and take action. Mayor Pro Tem stated it was the Council that had to answer to the citizens on how the City was spending their tax dollars. Mayor Pro Tem Ramsey stated that he felt that if not for his and the Mayor's efforts there would not be a 12% tax reduction and if not for that reduction, in all good conscience he would have to vote against the budget. Mayor Pro Tem Ramsey stated that by granting this bodacious increase, he would hope by this time next year the services would be provided to the community. Councilman Davis stated the Council had worked since July on the budget and there had been some increased expenditures, but the City was growing. Councilman Davis stated the City was able to broaden the tax base without making it a burden on the citizens. Councilman Davis stated he did support the budget and this was one of the few cities having a tax reduction. Councilman Kenna stated that he could not disagree with any of the comments. However, when he came on the Council 3~ years ago there had been some very lean years as far as expenditures. Councilman Kenna stated the roads were in bad repair and we had not moved on major construction projects as we should have. Councilman Kenna stated he expected the increase would allow the City to keep going this year and keep up with its needs. September 12, 1983 Page 8 CONSIDERATION OF ORDINANCE ADOPTING THE 1983-83 OPERATING BUDGET ORDINANCE NO. 1059 APPROVED Mayor Faram stated he appreciated the interest of the Council who had worked several sessions on the budget on how the budget should be done and the expenditures for all the items. Mayor Faram stated there was an increase in personnel of approximately 9%, but if it were put in prospective, the growth of the City over the last few years had averaged about 8%. Mayor Faram stated he must compliment the electorate in that they granted the City the authority to sell the bonds that were needed for capital improvements, particularly along Rufe Snow, that had brought in the industry or commercial balance to help relieve the tax burden on the homeowner. Mayor Faram stated that in itself had played a large role in the City's ability to reduce the tax rate. Mayor Faram stated that in working with the budget the Council had tried to protect the $0.22 that was promised toward retiring bond indeptedness and that portion was intact. Mayor Faram stated he was very pleased to be able to reduce the tax rate by 12%. Mayor Faram stated it was a great accomplishment by the Staff and Council. Motion carried 7-0. 29. Councilman Kenna moved, seconded by Councilman Fisher, to approve Ordinance No. 1060. Motion carried 7-0. 30. Mayor Pro Tem Ramsey moved, seconded by Councilman Davis to approve the Revenue Sharing Budget. Motion carried 7-0. 31. None 32. Mayor Faram adjourned the meeting to go into executive session. Mayor Faram called the meeting back to order. The same Council members and Staff were present as recorded. Mayor Faram adjourned the meeting. øj~ Ma or ATTEST: Çf.¿aµ/zzV 7l2~ Ci Secretary . September 12, 1983 Page 9 CONSIDERATION OF ORDINANCE PROVIDING FOR LEVY AND COLLECTION OF AD VALOREM TAX AND SETTING TAX RATE ORDINANCE NO. 1060 APPROVED CONSIDERATION OF APPROVAL OF REVENUE SHARING BUDGET FOR 1983-84 APPROVED CITIZEN PRESENTATION ADJOURNMENT