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HomeMy WebLinkAboutCC 1983-10-24 Minutes 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 24, 1983 - 7:30 p.m. 1. Mayor Faram called the meeting to order October 24, 1983 at 7:30 p.m. 2. Dick Faram Jim Ramsey Richard Davis Jim Kenna J.C. Hubbard Marie Hinkle Harold Newman Dick Fisher Present: Staff: Rodger Line Dennis Horvath Jeanette Moore Rex McEntire Richard Albin Gene Riddle Lou Spiegel Press: Mark England Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilman City Manager Assistant City Manager City Secretary City Attorney City Engineer Public Works Director Finance Director Mid Cities 3. The invocation was given by Councilman Fisher. 4. Councilman Hubbard moved, seconded by Councilwoman Hinkle to approve the minutes of the regular meeting of October 10, 1983. Motion carried 5-0; Councilman Kenna and Mayor Pro Tern Ramsey abstaining due to absence from the meeting. 5. None 6. Councilman Hubbard moved, seconded by Councilman Kenna, to approve the consent agenda. Motion carried 7-0. CALL TO ORDER ROLL CALL INVOCATION CONSIDERATION OF MINUTES OF THE REGULAR MEETING OCTOBER 10, 1983 APPROVED CONSIDERATION OF REMOVING ITEM (S) FROM CONSENT AGENDA CONSIDERATION OF CONSENT AGENDA ITEM (S) INDICATED BY ASTERISK (19, 20, 21 & 22) APPROVED 7. Mayor Faram advised the Council he had a request from the applicant to postpone this request. Mayor Faram asked Mr. McEntire if the applicant would have to request a hearing date. Mr. McEntire stated yes. Councilman Hubbard moved, seconded by Councilman Kenna, to postpone action on this item. Motion carried 7-0. 8. Councilman Kenna moved, seconded by Councilman Hubbard, to postpone this item. Motion carried 7-0. 9. Mayor Faram opened the public hearing and called for anyone wishing to speak to please come forward. Mr. Thomas Elting, representing Dr. Anderson, appeared before the Council. Mr. Elting stated he was present to answer any questions the Council might have. Mayor Faram stated he had a meeting with Dr. Anderson and Mr. Elting and was under the impression that the Engineer had not finished his work as submitted with the plans, and yet later as researched, by the Staff and City Engineer, every- thing had been satisfied. Mr. Elting stated that every item requested had been taken care of. Mr. Elting stated he understood there was a time problem in getting approval from the State for authority to extend the water line on Davis Boulevard. Mr. Albin stated that it was his understanding that Dr. Anderson's engineer had approached the State for the permit. Mr. Elting stated they had contacted the State and the permit for the water line and drive approach would be issued prior to construction. Mr. Albin stated that if the permits were in hand before construction began he would have no objections. Mr. Line asked if there would be anything to restrict the 8' main from going forward as far as the cost and engineering. Page 2 October 24, 1983 PLANNING & ZONING- PUBLIC HEARING- APPEAL HEARING - PZ 83-54, REQUEST OF M & W INVESTMENT TO REZONE A PORTION OF TRACT 4, T.K. AKERS SURVEY, ABSTRACT 19, FROM AGRICULTURE TO INDUSTRIAL (LOCATED ON THE RAIL- ROAD PROPERTY ON THE NORTH SIDE OF NORTH- EAST LOOP 820) POSTPONED CONSIDERATION OF ORDINANCE FOR PZ 83-54 POSTPONED PLANNING & ZONING PUBLIC HEARING APPEAL HEARING PS 83-101, REQUEST OF DR. D.J. ANDERSON FOR FINAL PLAT OF LOT 1, BLOCK 1, D. J . ANDERSON SUBDIVISION (LOCATED ON THE WEST SIDE OF DAVIS BOULEVARD AND NORTH OF SHADY GROVE ROAD) Mr. Albin stated no, he saw no reason why the Highway Department would not grant the permit. Councilman Davis stated there was a question at the Planning and Zoning meeting on this property being served water by Colleyville. Councilman Davis stated that Mr. Bronstad had commented that the City could not extend the line more than 100 feet without obtaining a release from the Public Utilities Commission and asked if the release had been taken care of. Gene Riddle stated that the City had a certificate of convenience to serve anywhere in the City limits. Mayor Faram asked Mr. Elting if it was their intent to sign a covenant or escrow pro rata in regards to item #8 of the Engineers' letter. Mr. Elting stated they would do whatever the Council desired. 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. Mayor Pro Tern Ramsey moved, seconded by Councilman Davis, to deny PS 83-101. Mayor Pro Tern Ramsey stated that at the present time there were no policies or procedures covering this type of request. Mayor Pro Tern Ramsey stated that the plat was denied by the Planning and Zoning Commission and he assumed the plat would have to be corrected, go back to Planning and Zoning before they would automatically appeal to the Council. Mayor Pro Tern Ramsey stated that if in fact they could appeal to the Council some kind of procedures needed to be established because an appeal on a regular Planning and Zoning case took 3/4 vote of the Council for approval. Mayor Pro Tern Ramsey stated he would urge the Council to pay close attention to this request because he did not think the Council wanted to get in the posture of doing the Planning and Zoning Commissions' work. Councilman Davis stated that he read the ordinance and the staff did do the proper thing. Councilman Davis stated the ordinance states that the Planning and Zoning Commission would forward recommendations to the Council for approval, denial or approval with conditions. Councilman Davis stated the Planning and Zoning Commission had recommended denial but the Commission had not seen the plat that had been presented to the Council. Councilman Davis stated he did not think it would be in good order to hold the applicant up on developing the property but felt it should be taken back to Planning and Zoning. Councilman Davis stated there was a Page 3 October 24, 1983 Planning and Zoning Meeting Thursday night and he thought that at the liberty of the Chairman the plat could be added to the agenda and let the Planning and Zoning Commission make a recommendation to the Council again. Councilman Davis stated he did not want to bypass the check systems the City had and one was a hard working Planning and Zoning Commission that reviews these requests and makes sure the ordinance is abided by. Councilman Davis stated he felt it would be to the Council's benefit to deny it and send it back to Planning and Zoning and be re-submitted to the Council. Mayor Faram asked if a check list was furnished the applicants before they went before Planning and Zoning. Mr. Riddle replied yes. Mayor Faram asked if this applicant was furnished a check list. Mr. Riddle replied yes. Mayor Faram stated that it seemed to him that the applicant had fulfilled all the requirements and made a commitment too and if the Planning and Zoning Commission had any other reason for turning it down, other than what had been stated, he would strongly suggest the Council approve the request. Mayor Faram asked if there was a fee for refiling. Mr. Riddle stated it could be considered without a filing fee. Mr. Riddle stated that the City had received the letter late Friday and that all the requirements had been met. Motion to deny failed by a vote of 3-4; Councilmen Davis, Fisher and Mayor Pro Tern Ramsey voting for; Councilmen Hubbard, Kenna, Newman and Councilwoman Hinkle voting against. Councilman Hubbard moved, seconded by Councilwoman Hinkle, to approve PS 83-101. Motion carried by a vote of 5-2; Councilmen Hubbard, Kenna, Fisher, and Newman and Councilwoman Hinkle voting for; Councilman Davis and Mayor Pro Tern Ramsey voting against. Page 4 October 24, 1983 10. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Burk Collins, representing Olen Beck, appeared before Council. Mayor Faram asked Mr. Collins if he was aware that the ordinance on the sale of alcoholic beverages required 60% food sales to 40% alcohol and books could be audited at any time. Mr. Collins referred the question to Mr. Beck. Mr. Beck stated he was aware of the requirements of the ordinance and had no objections to the books being audited. Councilman Hubbard asked if the permit would be issued in Mr. Beck's name. Mr. Beck replied yes. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, Mayor Faram closed the public hearing. 11. Councilman Hubbard moved, seconded by Councilman Kenna, to approve Ordinance No. 1071, permit to be issued in the name of Olen Beck and non-transferable. Motion carried 7-0. 12. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Jack Cook appeared before the Council. Mr. Cook stated he was requesting the zoning change so he could build a couple of houses. 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. 13. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 1027. Motion carried 7-0. Page 5 October 24, 1983 PLANNING & ZONING- PUBLIC HEARING- PZ 83-56, REQUEST OF OLEN BECK WITH LOLITA'S MEXICAN RESTAURANT TO REZONE A PORTION OF LOT 4R-2, BLOCK 10, SNOW HEIGHTS NORTH ADDITION, FROM LOCAL RETAIL TO LOCAL RETAIL-SPECIFIC USE- SALE OF ALCOHOLIC BEVERAGES (LOCATED ON THE EAST SIDE OF RUFE SNOW DRIVE AND APPROXIMATELY 340 FEET NORTH OF MEADOWCREST DRIVE) CONS IDERATION OF ORDINANCE FOR PZ 83-56 ORDINANCE NO .1071 APPROVED PLANNING & ZONING- PUBLIC HEARING - PZ 83-57, REQUEST OF JACK S. COOK TO REZONE TRACT 2G1A, JOHN McCOMAS SURVEY FROM AGRICULTURE TO 1F-9-1500 ONE FAMILY DWELLINGS (LOCATED ON THE NORTH SIDE OF ODELL STREET AND APPROXIMATELY 300 FEET WEST OF SMITHFIELD ROAD) CONSIDERATION OF ORDINANCE FOR PZ 83-57 ORDINANCE NO. 1072 APPROVED 14. 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, representing Folsom Investment, appeared before the Council. Mr. Swift stated the request was for a change in the Flood Plain Ordinance as a result of the construction of Walkers Branch Subdivision. Mr. Swift stated the subdivision was approved by the Planning and Zoning Commission in August, 1979 and the final engineering plans and final plat was approved by the Planning and Zoning Commission December, 1981, and by the the Council January, 1982. Mr. Swift stated he had submitted engineering data to the Federal Emergency Management Agency in Washington for the purpose of a map revision for the special flood hazard within the Walkers Branch Addition. Mr. Swift stated the FEMA had responded to the initial request stating that the project was good and adequate and complete and that the flood map would be changed by FEMA as soon as evidence was submitted to them that it had actually been completed. That response was prior to construction. Mr. Swift stated they were in the process of submitting the final data. Mr. Swift stated the Corp of Engineers was in the process of performing a new study on Walkers Branch that would increase the flow that was previously considered. Mr. Swift stated the latest increased computation for the hydraulics at this addition is 3,920 c.f. per minute. Mr. Swift stated the material design they had used was in the magnitude of 5,215 c.f. per minute, which was well above the Corp of Engineers' computation for Walkers Branch. Mr. Swift stated he was asking the City to change the City map to reflect the fact that the flood plain had been changed, the properties had been raised and the drainage had been basically confined. Councilman Davis asked if the FEMA maps were in the process of being revised to show this, based on the data Mr. Swift had given them. Mr. Swift stated that was correct. Councilman Davis asked if the Corp of Engineers was going to do similar studies. Mr. Swift stated he did not know if the Corp of Engineers was doing studies. They had only calculated a new run-off. 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. Page 6 October 24, 1983 PLANNING & ZONING- PUBLIC HEARING-PZ 83-59, REQUEST OF FOLSOM INVESTMENTS INCORPORATED TO REMOVE THE FLOOD PLAIN DESIGNATION FROM THE CITY ZONING MAP ON A PORTION OF WALKERS BRANCH ADDITION ( LOCATED AT THE NORTHWEST CORNER OF GRAPEVINE HIGHWAY AND HARWOOD ROAD) 15. Councilman Kenna moved, seconded by Councilman Davis, to approve Ordinance No. 1073. Motion carried 7-0. 16. Mr. Line stated that this ordinance reflected the Staff's judgement on some matters that are really very much in the domain of the City Council to determine how they wanted the City to look with respect to signs and billboards. Mr. Line stated he thought the six proposed changes were fairly perfunctory with the exception of one, which had to do with where billboards could be located. Mr. Line stated it was the staff's feeling that it would be preferable and desir- able to not have billboard signs on property that was developed and being used for other purposes. They had clarified the confusing nature of the ordinance or proposed to clarify it by specifying in Section 4 that a property owner may have his choice of anyone of four signs, includ- ing a billboard and no more than one. At the present time the ordinance gives the property owner a choice of anyone of three signs and says nothing about billboards. Councilman Kenna moved, seconded by Mayor Pro Tern Ramsey, to postpone action on this item. Motion carried 7-0. 17. Mayor Pro Tern Ramsey moved, seconded by Councilman Kenna, to approve the request of KEM Advertising. Mayor Pro Tern Ramsey stated this request was previously denied by the Council because of an non-conforming sign on the property. Mayor Pro Tern Ramsey stated that after looking over the ordinance as written it was vague on this particular sign versus the one that was already there. He felt in all fairness it would be wrong to deny someone from doing something right because something is already existing that did not conform to the ordinance. Councilman Davis stated that the reason he voted against the request was not just because of vagueness in the ordinance and because there is a pre-existing sign there. Councilman Davis stated there is already quite a few large signs there whether they were conforming or non-conforming. Some existing apartments directly north of the area would have to stare at another billboard sign. Councilman Davis stated if the item before this that was postponed had been approved the applicant could not have placed the sign on this property. Councilman Davis stated he felt the area was saturated enough with signs. Page 7 October 24, 1983 , CONSIDERATION OF ORD INANCE FOR PZ 83-59 ORDINANCE NO. 1073 APPROVED CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 1001 - SIGN ORDINANCE POSTPONED CONSIDERATION OF REQUEST OF KEM ADVERTISING FOR BILLBOARD SIGN ALONG LOOP 820 AT GLENVIEW APPROVED Motion carried 4-3; Councilmen Kenna, Newman, Mayor Pro Tern Ramsey and Councilwoman Hinkle voting for; Councilmen Davis, Fisher and Hubbard voting against. 18. Mayor Pro Tern Ramsey moved, seconded by Councilman Davis, to APPROVE THE REQUEST OF Mobil Oil for a variance to the Sign Ordinance. Mayor Faram advised the Council there was someone present who wished to speak on this item and with the Council's permission he would ask Mr. Marty L. O'Connor to please come forward. Mr. Marty O'Connor, with Mobil Oil Corporation, appeared before the Council. Mr. O'Connor stated that apparently there had been some confusion over the signs at the Mobil station. Mr. O'Connor stated that as he read the City's ordinance, the ordinance was for the beautification of the City. Mr. O'Connor stated they felt they had met the intent of the ordinance as far as beautification. Mr. O'Connor stated Mobil had installed a luminous price sign and a very nice identification sign. Mr. O'Connor stated that Mobil as a corporation was very concerned with the appearance presented not only to the City, but the motoring public as well. Mr. O'Connor stated the City had some concern with the amount of signage, so if the Council was thinking about limiting the signs they would ask to be allowed to keep the price sign. Mayor Pro Tern Ramsey asked Mr. O'Connor if he was aware the light post that had an oil sign one day and a cigarette sign the next day, did not conform. Mr. O'Connor stated that had not been clarified. As far as Mobil's engineer, the only sign that had been brought to their attention was the identification sign. Mr. O'Connor stated they were willing to conform to the City's require- ments. Councilman Kenna stated he thought the price sign and the Mobil sign was attractive, but was unhappy to see the cigarette sign that Mayor Pro Tern Ramsey was referring to. Mayor Pro Tern Ramsey withdrew his motion, Councilman Davis withdrew his second. Mayor Pro Tern Ramsey moved, seconded by Councilman Davis, to approve the request of Mobil Corporation for three signs. The sign that identifies Mobil, the price sign beside it and the large sign at Rufe Snow and Loop 820 that clarified Mobil. Motion carried 7-0. Page 8 October 24, 1984 RECONSIDERATION OF REQUEST OF MOBIL OIL CORPORATION FOR VARIANCE FROM SIGN ORDINANCE APPROVED *19. *20. *21. *22. 23. Mr. Billy K. Williams, 5512 Pleasant Meadow, North Richland appeared before the Council. Mr. Williams stated that about three months ago he looked out his kitchen window to the site of "welcome to satellite TV" on a 12' satellite disc. Mr. Williams stated the disc was located in the back yard of the residence at 7133 Meadow Park South. Mr. Williams stated he spoke to the resident about the disc and he advised him the disc was quite an invention. You could pick up a lot of stations and elimin- ate the need for cable TV. Mr. Williams stated the gentle- man also said his wife was not excited about the disc and probably would not go along with it. Mr. Williams stated he was also told that it would be set lower in the ground and would be lower than the fence. Mr. Williams stated that shortly after that he came in to see Mr. Rice to see what the City's procedure was as far as a satellite disc was concerned. Mr. Williams stated Mr. Rice advised him there Page 9 October 24, 1983 CONSIDERATION OF ORDINANCE ADOPTING UPDATED SERVICE AND SUPPLEMENTAL DEATH BENEFITS OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM APPROVED CONS IDERATION OF AWARDING BID FOR ASPHALT SELF PROPELLED HYDRAULIC PAVER APPROVED CONSIDERATION OF FINAL PAYMENT, ESTIMATE #3, TO R & S QUALITY PAINTING CONTRACTOR IN THE AMOUNT OF $7,871.25 - JOHNSON TANK REPAIR AND REPAINTING APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE 118, TO STOLARUK CORPORATION IN THE AMOUNT OF $37,980.90 - HOLIDAY NORTH STREET AND DRAINAGE IMPROVEMENTS APPROVED CITIZENS PRESENTATION BILL K. AND MEREDITH KAY WILLIAMS, 5512 PLEASANT MEADOW - RE: SATELLITE DISC TELEVISION RECEIVER were no procedures for satellite dishes, but he would check into it. Mr. Williams stated several weeks went by and in a single afternoon there was a disc mounted in the back yard in concrete that was as tall as the first one. Mr. Williams stated the disc was red tagged by the City so his wife thought it would be a good idea to come down to the City Hall to see if there was any steps they could take to contest the disc. Mr. Williams stated that his wife was advised that a specific use permit had been issued for the disc and they really had no recourse. Mr. Williams stated his question was - didn't the people need to go before the Planning and Zoning Commission so the people in the area would know what was happening. Mr. Williams showed the Council pictures of the disc. Mr. Williams stated he felt his property value would be affected because of the disc. Mr. Williams stated that to make things worse the property where the disc was located was for sale. Mr. Williams stated he only wanted to present this to the Council and get their response. Mayor Faram stated it was his understanding that there was no control on this type of structure, but the Council did intend to address it in the new proposed Zoning Ordinance which was under consideration at this time. Mr. Williams asked if there was a chance the ordinance would be retroactive. Mayor Faram stated he did not think it could be retroactive. Mr. McEntire stated a permit was needed to erect the disc, but there was nothing in the City Codes to prevent the installation. Mr. Williams stated the only recourse he had would be to spend $400.00 or $500.00 and install a large tree to try and cover it. Mayor Faram stated that quite often things were not regulated until it became necessary, but this would be addressed in the new Zoning Ordinance. Councilman Kenna stated that in working with the Planning and Zoning Commission in attempting to rewrite the Zoning Ordinance it was recognized there was a need to regulate this type. Mrs. Kay Williams appeared before the Council. Mrs. Williams stated she felt they had been victimized and had no recourse. Page 10 October 24, 1983 24. Mayor Faram adjourned the meeting to executive session. Mayor Faram called the meeting back to order. The same Staff and Council members were present as recorded at the beginning of the meeting. Mayor Faram adjourned the meeting of October 24, 1983. ATTEST: c~~iJJ~ øt~-:J~ Ma or Page 11 October 24, 1983 ADJOURNMENT