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HomeMy WebLinkAboutCC 1981-02-23 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, FEBRUARY 23, 1981 7:30 P.M. 1. Mayor Faram called the meeting to order February 23, 1981, at 7:30 p.m. 2. Present: Dick Faram Jim Wood J. C. Hubbard Wiley Thomas Dave Freeman Sharyl Groves Staff : Chuck Williams Jeanette Moore Rex McEntire Dennis Horvath Richard Albin News Media: Joe Norton Kelvin Todd Robin Robinson Absent: Jim Kenna Mayor Councilmen Councilwoman City Manager City Secretary City Attorney Assistant City Manager City Engineer News Tribune North Richland News Mid Cities News Councilman 3. Reverend Hal Brooks of North Richland Hills Baptist Chuch gave the invocation. 4. Councilwoman Groves moved, seconded by Councilman Hubbard, to approve the minutes of the February 9, 1981 meeting. Motion carried 5-0. 5. Mayor Faram advised this request was passed September 15, 1980 then reconsidered and postponed for action until February 9, 1981. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. CALL TO ORDER ROLL CALL INVOCATION APPROVAL OF MINUTES OF THE REGULAR MEETING OF FEBRUARY 9, 1981 APPROVED PUBLIC HEARING - PZ 80-21, PZ 80-22, PZ 80-23 - REQUEST OF JOHN W. BARFIELD TO REZONE PORTIONS OF TRACT 3A, 3B, 4A, 4B, AND 5, BRENTWOOD ESTATES FROM AGRICULTURE TO IF-8- 1400, COMMERCIAL AND LOCAL RETAIL February 23, 1981 Page 2 Mr. John Barfield, 415 Louella, Hurst, appeared before the CounciL Mr. Barfield stated he would like to re-iterate some of his testimony when he first applied for this zoning. On September 15, 1980, a public hearing was held on PZ 80-21 and PZ 80-22 for the purpose of changing the zoning on these two pieces of property. At that time both of the zoning requests were approved and the ordinances read and approved. Following the meeting that night an article appeared in the newspaper that said North Richland Hills Council had given approval to a major subdivision which would be developed in the north sector of the city. The developer, John Barfield and Company, received the Council nod for rezoning property at Davis Boulevard and Shady Grove Road from agriculture to Local RetaiL Mr. Barfield stated the article stated that he had agreed to donate land for the construction of a temporary fire station and to sell ten acres at a reasonable cost to the Keller Sc hool District for the construction of a school, also to make 50% of the lots at least 9,000 square feet. Mr. Barfield stated there was considerable discussion on fuis tract of land as far as requirements for that section of the City. After the ordinances and requirements were approved, with 50% of the lots being 9,000 square feet and 1400 as minimum square footage homes. Mr. Barfield stated that prior to that he had a meeting with Bedford Joint Venture and they had agreed to purchase the property from him if he was able to secure 1400 square foot zoning. Mr. Barfield stated these builders were of the same opinion as he and that was the area around was overloaded with large homes that would not sell. Mr. Barfield stated after having secured the zoning he contacted the builders and a deal was made to sell the property. Mr. Barfield stated he had to tell them this was up for reconsideration and they advised him that without that size houses they were not interested. Mr. Barfield stated that according to Section 2.49, Council Rules of Procedure, his zoning was approved and one reading was held, therefore he thought and still felt he received the zoning as applied for with the stipulations that were made in the meeting of September 15, 1980. Mr. Barfield stated that in addition he had received the following information from a friend of his; "that the City of North Richland Hills had rezoned his property and subsequently the Council voted to reconsider and had taken the position that he no longer had the zoning. After the Council rezones property they must go through the same notice and hearing procedure they went through for the zoning change. Reconsideration does not grant the change. Before the Council will be able to reconsider they will have to go through the notice and the hearing procedures including hearings before the Planning and Zoning Commission. This was all governed by Article 1011c through 1011f Vernons Revised Texas Statutes. The Court of Law upheld this procedure was mandatory, that zoning could not be accomplished by referendum or reconsideration." Mr. Barfield stated he gave the Council this information because he noticed that a public hearing was being held tonight. Mr. Barfield stated he wondered if notice was published in the newspaper as required and also if the people within 200 feet were given a ten day notice. Mr. Barfield stated he was wondering just where this matter stood on being reconsidered. Mr. Barfield stated it was his feeling that he had received the zoning fair and square and he would hate to think that the City at this particular moment was trying to take it away from him. Mr. Barfield stated he was of the opinion this size homes in the city was all people were going to be able to afford. Mr. Barfield stated that by the time he got one built it would sell for $75,000. Mr. Barfield stated he received his zoning at a fair hearing and would prefer to let it stand as is. Mayor Faram stated he would try and answer Mr. Barfield's questions on the notices. Mayor Faram stated it was announced at one of the previous meetings that action would be postponed on this request until this date. Mayor Faram asked if the notices were sent out that the hearing would be held this date. Mr. McEntire stated the notice question was not the problem with respect to taking action. The question was if the publication was made. Mr. McEntire stated no publication had been made on tonight's hearing. Mayor Faram asked if he was to understand that any action tonight would be null and void. Mayor Faram asked Mr. Barfield if he would be agreeable to delay action for one month so the proper publications and notices could be made. Mr. Barfield stated it was his feeling that he had received his zoning, it was legal and was approved. Mr. Barfield stated that according to Section 2.49 of the Council Rules of Procedure, date of Ordinances, he felt it applied and it was his feeling he had the zoning. Mayor Faram stated the Council Rules of Procedure, adopted by ordinance, had a provision made by which an item could be reconsidered at the next meeting provided it was put into motion by a member of the winning side. February 23, 1981 Page 3 Mr. McEntire stated he thought there was a situation that came up at the following meeting and a motion was made to hear the request February 9, 1981. Mr. Barfield asked if the Council did not meet every second and fourth Monday night of the month. Mayor Faram replied yes. Mr. Barfield stated the request was heard on October 13, 1980, and there was another meeting in between and it was not brought back at the following meeting. It was brought back two meetings later. Mayor Faram asked the City Secretary to check the records of the previous meetings. Mayor Faram called a recess. Mayor Faram called the meeting back to order. The same Council Members and Staff were present as recorded at the beginning of the meeting. Mr. McEntire stated the research revealed that in all probability the first meeting at which action was taken was a special meeting. After further discussion, Councilman Freeman moved, seconded by Councilman Hubbard, to postpone action of this request until March 9, 1981. Motion carried 5-0. 6. Postponed. 7. Postponed. 8. Postponed. 9. Mr. Bob Ash, 8025 Larkspur, Fort Worth, appeared before the Council. Mr. Ash stated he was asking for a variance from the Brick Ordinance in respect to the proposed construction of some multi-family dwellings in the College Hill area. Mayor Faram advised he had some requests to speak on this item. February 23, 1981 Page 4 RECESS BACK TO ORDER CONSIDERATION OF ORDINANCE FOR PZ 80-21 POSTPONED CONSIDERATION OF ORDINANCE FOR PZ 80-22 POSTPONED CONSIDERATION OF ORDINANCE FOR PZ 80-23 POSTPONED REQUEST OF MR. BOB ASH (PERMA STONE STEEL) COMPANY FOR VARIANCE FROM BRICK ORDINANCE, SECTION 1.04 DENIED February 23, 1981 Page 5 Mrs. Velma Chewning, 600l-A Abbott, appeared before the CounciL Mrs. Chewning stated she had rather see the building all brick. Mr. James Davis, 6204 Abbott, appeared before the CounciL Mr. Davis stated they had a nice neighborhood, one they were proud of. Everyone kept things looking nice and from what he had heard about the proposed buildings it would be asking the present residents to lower their standards. Mr. Davis stated the material they planned to use was not as good as brick and the design was ugly. Councilman Freeman asked Mr. Davis if he had seen the rendering of the propsoed buildings. Mr. Davis stated no he had not, but had been told by people that had seen them what they looked like. Mr. Davis stated he felt it would lower the property valuations and would be very depressing for the neighbors. Councilman Freeman stated the property was zoned Neighborhood Retail and asked Mr. Davis to comment on the possibility of a Seven-Eleven or any other duplex that might be built there. Mr. Davis stated that when he bought his property in 1966 he was told a filling station might be built on the property, but it would have to be all brick. Councilman Freeman asked Mr. Davis if whatever was built, would he want it to conform to the Bri<ik Ordinance. Mr. Davis replied yes. Councilman Wood stated a request could be made for a two or four unit of brick. Mr. Davis stated if it fit the neighborhood requirements he would not object. His objection was the low grade material. Mayor Faram stated that Councilman Freeman, in the previous meeting, had asked that this request be postponed so some opinions could be obtained from the neighbors. Mr. Davis stated he was ashamed that the neighbors had not shown up. February 23, 1981 Page 6 Mr. Ellis Chewning, 6l00-A Abbott, appeared before the Council. Mr. Chewning stated he lived in a duplex, he built it. Mr. Chewning stated he did not like the material that was being used. Councilman Freeman asked Mr. Chewning if he was familiar with the material. Mr. Chewning stated yes and he did not like it. Mr. John Cox, 6112 Abbott, appeared before the Council. Mr. Cox stated his main objection was the type material being used. Mr. Cox stated he had not seen the material but had seen the photos. Councilman Freeman stated that in all fairness to the developers, he asked that they show the type of material being used. Councilman Wood asked Mr. Cox if he was aware this property was zoned neighborhood retail. Mr. Cox replied yes. Mr. Bob Hall, 6200 Abbott, appeared before the Council. Mr. Hall stated he would like for the Council to consider that this was the last vacant lot in the neighborhood and when they built their homes they complied with the ordinance. Mr. Hall stated he thought the developers should be required to comply also. Mrs. Bounds, 7705 Bogart, appeared before the Council. Mrs. Bounds stated she objected because of the type of material and the type of people that would be brought in. Marty Linsley, #2 Chapel Court, appeared before the CounciL Mrs. Linsley stated she objected to the type of material and the duplexes would bring in too many people for such a small area. Mrs. Wanda Co~, 6112 Abbott, appeared before the Counc il . Mrs. Cox stated she objected to the type of material that was going to be used. Mrs. Cox stated it would not be a good material. Mrs. Cox stated one of her neighbors, Mrs. June Stephens, who was out of town, had sent a letter of objection to the city. Mayor Faram advised to let the record show there was a letter from Mrs. Stephens objecting. Mr. Bob Ash reappeared before the Council. Mr. Ash stated that essentially they had asked for a permit to build a building of this nature. They did plan to use a steel framework. The building would have more masonry on it than any of the buildings presently there. Mr. Ash stated he would like to remind the Council and the neighbors, the houses everyone lived in would look kind of peculiar to some of the people that live here now, times do change. Mr. Ash stated people were placed in a time now where they could not afford a lot of house. Mr. Ash stated he had complied with all the zoning requirements and all the building requirements. Mr. Ash stated it was not his intention to build anything cheap. Councilman Wood stated that Mr. Ash's request was for Lot 8! Did he have any plans for the adjoining 10 ts J Mr. Ash stated there was actually only one lot. Councilman Wood asked if Mr. Ash was proposing one building for four units. Mr. Ash stated they were proposing two buildings of four units. Councilman Hubbard moved, seconded by Councilwoman Groves, to deny the request of Mr. Bob Ash for a variance from the Brick Ordinance. Motion carried 6-0. February 23, 1981 Page 7 February 23, 1981 Page 8 Councilman Wood stated that in looking at some of the charts, data, zoning and maps he did not think a planner or developer could make sense out of the city's Zoning Ordinance. Councilman Wood stated that the ordinance allowed for multi-family in local retail zoning and did not speak to zoning, size or square footage. Councilman Wood stated that in looking at the basic chart there was no mention of local retail crossing over to multi-family. Councilman Wood stated he would like to see the Council or the Staff in the future try to talk to developers on some of the requesæ that were coming in and try and get them to wait because the city is in the process of having a Master Land Plan for the city later on this year. Councilman Hubbard stated he had taken the effort to talk to the large organizations and they said they would not touch a home of this type in a neighborhood. Councilwoman Groves stated the city had an ordinance to follow and she felt the Council should stick by it. Motion to deny carried 5-0. 10. Mr. Ted Everage, Engineer, 3328 W. Seminary appeared before the Council. REQUEST OF PARKER- CROSTON ASSOCIATES FOR VARIANCE FROM BRICK ORDINANCE, SECTION 1.04 APPROVED Mr. Everage stated Schick Hospital was in the process of having architectural plans prepared for an addition to the hospital. Mr. Everage stated that at this point and time they were short on space. While the plans were being prepared they would like to build a temporary office building. Mr. Everage stated the city ordinance did not allow for a temporary building. The concept of having brick or stone on a temporary building, was there a problem. Mr. Don Burbine, Architect, 3108 West 6th, appeared before the Council. Mr. Burbine stated the problem they were facing was in medical records. Mr. Burbine stated the size of the building they were wanting was approximately 400 to 600 square feet. Mr. Burbine stated he felt the construction of the addition to the hospital would be completed in 18 to 24 months. Mr. Burbine stated that in talking with the Building Inspector there were no type of provisions in the Code for this type building. Mr. Burbine stated they were proposing a temporary building with one hour fire rated walls and sprinkler system to house three personnel and medical records for this period of time. Mr. McEntire asked Mr. Burbine if he was talking about a metal building. Mr. BurbinR stated not necessarlLy. They had not gone into finding out the most inexpensive type. Mr. McEntire asked what type of building they wanted. Mr. Burbine stated they wanted something other than brick. Mr. Burbine stated they would like a temporary building, maybe metal or wood. Mr. McEntire asked Mr. Burbine if they only needed the building for two years. Mr. Burbine stated yes. Mayor Faram stated it was his understanding the Fire Marshal did not concur with the structure. Mayor Faram asked Mr. Burbine if it would satisfy his purposes if a portable building were moved in with some kind of time restraint that they would have to move it off. Mr. Burbine stated that was basically what they were asking for. It would be fully equipped with sprinklers and tied into the fire alarm. Councilman Freeman asked why they needed the portable building for two years. Mr. Burbine stated the addition to the hospital had to be approved by the State and it would not come up before June or July. Mayor Faram asked Mr. Burbine if it would be satisfactory if the Council were to authorize the use of a portable building for two years, provided the Fire Marshal approved it as being a safe structure. Mr. Burbine stated that would be satisfactory. Councilman Wood asked if a covenant could be signed stating the building would be moved in two years. Mr. Burbine stated yes. Mayor Faram asked the Fire Marshal if there was anyway the city could authorize a temporary building, a maximum of 400 to 600 square feet to house no more than three office people and records and properly sprinkled. Mr. Howard stated his main concern was life safety. As far as the building itself, the construction would be approved through the Building Department. Mr. Howard stated he could not say what the exterior, as far as the fire rating would have to be; that came under the UBC (Uniform Building Code). Mr. Howard stated he felt sure it was going to have to be at least one hour fire rated. February 23, 1981 Page 9 Mayor Faram asked Mr. Howard if a metal building could be made safe with a sprinkler system, to house three people and records. Mr. Howard replied yes. Councilman Wood asked if the portable building would be attached or free standing. Councilman Wood asked Mr. Howard his standing on the building being attached or adjoining the existing building. Mr. Howard stated that if the building was to be used as a temporary structure, there were guidelines of twenty feet from the main structure. Councilman Freeman stated there were portable buildings made out of cement asbestos material that looked nice and had a fire rating. Councilman Freeman stated it would be his desire to have something attractive at the location. Mr. Burbine stated he would prefer not to be restricted to the type of the building. Mr. Burbine stated the type of building they had been looking at was not metal. Councilman Wood asked Mr. Burbine if it would harm his program if this request was postponed for two weeks with the following conditions: "The Staff, Building Official, Fire Marshal, and Mr. Burbine sit down and worked out an agreement of the space, material, sprinkler system, the distance from the existing building and the wording of a covenant to make sure the building was removed in two years. Mr. Burbine stated he was asking for a temporary building for two years knowing it would have to come under the Fire Code Regulations. Councilman Freeman moved, seconded by Councilman Thomas, to approve a temporary building for Schick Hospital to be constructed of metal or asbestos, not to exceed 600 feet approved for safety by the Fire Marshal and a covenant be executed that the building would be removed in two years. Motion carried ~-l; Councilmen Freeman, Wood, Thomas, Hubbard voting for; Councilwoman Groves voting against. 11. Mr. Ottis Gothard representing Gothard, Northeast, AA and Parker Wrecker Services, appeared before the Council. February 23, 1981 Page 10 CONSIDERATION OF WRECKER ORDINANCE NO. 878 APPROVED Mr. Gothard stated that due to increases in cost they were asking for 30% increase in wrecker fees in North Richland Hills. Councilwoman Groves stated that in the new ordinance pertaining to fencing, "Locked gate" was not included. Mayor Faram stated after the word shall, "be locked at all times" could be inserted. Councilman Wood asked Mr. Gothard if he had read the new proposed ordinance. Mr. Gothard replied no. Councilman Wood stated in Article IV, Section 1, of the proposed ordinance it read "all storage facilities shall be enclosed by a permanent screening fence of masonry and/or solid wood (weather resistant redwood, cedar, or equal) not less than six (6) feet in height from all directions." Councilman Wood asked if all four wrecker services could meet the ordinance. Mr. Gothard stated none of them could meet the ordinance. Mr. Gothard stated this was discussed about two years ago and the Council agreed on a chain link fence. Councilman Freeman stated as he remembered the discussion of the fence and it could be a chain link fence if it had alumimum strips in it. Mayor Faram stated the verabage in this proposed ordinance was taken from Ordinance No. 469 which was already in existancH. Mayor Faram called a recess at this time. Mayor Faram called the meeting back to order. The same Council Members and Staff were present as recorded at the beginning of the meeting. City Manager Williams stated the wording that was addressed under Article IV, Section 1, was that all storage facilities shall be locked at all times and enclosed by a permanent secured fence not less than six feet in height in all directions. Mr. Williams stated the rest would go as written and Mr. Gothard had agreed. February 23, 1981 Page II RECESS BACK TO ORDER February 23, 1981 Page 12 Councilman Freeman advised that the word "site barring" had been left out. After further discussion, Councilman Thomas moved, seconded by Councilman Wood, to approve Ordinance No. 878 without the site barring fence. Councilman Freeman stated the reason he brought this up was because the last time some of the site barring fences were made out of rusty steel iron and he thought that was the reason for tightening up on the phrase. Councilman Freeman stated he thought the city did allow the chain link fence as long as it had the strips in it. Councilman Freeman moved, seconded by Councilwoman Groves, to amend the motion to state a site barring fence. Councilman Hubbard asked if a time limit would be set as to how long they had to put the fence in. Councilman Freeman asked when the permits were renewed. Mr. Williams stated all permits expired December 31 of every year. Councilman Freeman amended his motion, seconded by Councilwoman Groves to state "anyone that renewed their permit would abide by the ordinance". Mr. Gothard stated if the increase was granted and these requirements put on the wrecker companies it would take two years to overcome the cost of doing this along with the increase. Mayor Faram called for a vote on the amendment. Motion on the amendment carried 3-2; Councilmen Freeman, and Hubbard and Councilwoman Groves voting for; Councilmen Wood and Thomas voting against. Councilman Freeman asked how many wrecker companies served the city. Mayor Faram stated there were four companies operating in the city. Councilman Freeman asked if there was not a request recently from someone to have wrecker service in the city. Mr. Williams stated that request was for a storage facility. Councilman Freeman asked Mr. Gothard if the requirement for a site barring fence would cause a hardship on the wrecker companies. Mr. Gothard replied yes. February 23, 1981 Page 13 Councilman Freeman moved, seconded by Councilman Wood, to reconsider the amendment. Motion carried 5-0. Mayor Faram called for a vote on the original motion. Motion on the original motion carried by a vote of 5-0. 12. Mayor Faram adjourned the meeting of February 23, 1981. ADJOURNMENT Dick Faram, Mayor ATTEST: Jeanette Moore, City Secretary