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HomeMy WebLinkAboutCC 1981-05-18 Minutes ,.:~ MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, MAY 18, 1981, 7 : 30 P. M. 1. Mayor Pro Tern Dave Freeman called the special meeting to order May 18, 1981 at 7:30 p.m. CALL TO ORDER 2. Present: Dave Freeman Jim Kenna Jim Wood J. C. Hubbard Jim Ramsey Sharyl Groves Mayor Pro Tern ROLL CALL Councilmen Councilwoman Staff: Chuck Williams Jeanette Moore Dennis Horvath Ri chard Albin Margie Nash City Manager City Secretary Assistant City Manager City Engineer Planning and Zoning Commission Absent: Dick Faram Wiley Thomas Rex McEntire Mayor Councilman City Attorney 3. Councilman Ramsey's son, Scott Ramsey, gave the invocation. INVOCATION 4. Mayor Pro Tern Freeman presented Mr. Arthur Kutcher of the Public Works Department with a five year pin and service award. PRESENTATION OF FIVE YEAR CERTIFICATE AND SERVICE AWARD TO ARTHUR KUTCHER OF THE PUBLIC WORKS DEPARTMENT 5. Councilman Kenna moved, seconded by Councilwoman Groves, to approve PS 81-14. PS 81-14, REQUEST OF MM DALLAS DEVELOPMENT CORP., FOR FINAL PLAT OF LOT 2, BLOCK 3, INDUSTRIAL PARK ADDITION APPROVED Motion carried 5-0. 6. Councilman Kenna moved, seconded by Councilman Ramsey, to approve PS 81-18. Councilwoman Groves asked if an agreement had been reached on the manhole in Lewis Drive. Mr. Delbert Stembridge, Engineer, replied yes. Motion carried 5-0. 7. Councilman Ramsey moved, seconded by Councilman Kenna, to approve PS 81-19. Councilwoman Groves asked if the utility companies had been advised. Motion carried 5-0. 8. Councilman Kenna moved, seconded by Councilman Ramsey, to accept the dedication of Lewis Drive. Councilman Wood asked if the Staff had recommended a covenant on the construction of Lewis Drive. Mayor Pro Tern Freeman replied yes. Councilwoman Groves asked if the letter from Texas Electric had been received. Mr. Albin stated no. Councilman Kenna made a substitute motion, seconded by Councilman Ramsey, to approve the acceptance of Lewis Drive subject to the letter from Texas Electric. Substitute motion carried 5-0. 9. Mayor Pro Tern Freeman opened the public hearing and called for anyone wishing to speak to please come forward. Mr. Bob Allen, 8121 O'Dell appeared before the Council. Mr. Allen stated that in industrial zoning there could be manufacturing. Mr. Allen stated there were three high schools in the area and there was already congestion. Mr. Allen stated he felt that if this was zoned industrial it would cause more congestion. May 18, 1981 Page Two PS 81-18, REQUEST OF CROSS ROADS DEVELOP- MENT CORP. FOR FINAL PLAT OF BLOCKS 7, 8, AND 9, SNOW HEIGHTS ADDITION APPROVED PS 81-19, REQUEST OF M. J. NICHOLSON FOR REPLAT OF LOT lOR, BLOCK 10, SMITHFIELD ACRES ADDITION APPROVED CONSIDERATION OF ACCEPTING THE DEDICATION OF LEWIS DRIVE APPROVED PUBLIC HEARING - PZ 81-15, REQUEST OF CURTIS MOORE AND B. J. FLORIES TO REZONE TRACT 2, ABSTRACT 1625, F. WOOD SURVEY AND TRACT 3, ABSTRACT 273, J. M. CROCKETT SURVEY FROM AGRI- CULTURE TO INDUSTRIAL Mr. Dick Perkins, Engineer, 210 West Sixth, Fort Worth, appeared before the Council. Mr. Perkins stated he represented Mr. Moore and Mr. Flories concerning this proposed zoning. Mr. Perkins stated he would like to try and answer Mr. Allen's concerns. Mr. Perkins stated that the reason they were asking for industrial zoning on this property was because his clients owned the property immediately south of the property in question and it was presently zoned industrial. Mr. Perkins stated they had submitted a preliminary plat to the City Staff for review for this particular area and there were some comments on the plat, those which they could live with, but they looked further into the development plan and were unable to come up with a satisfactory development plan. The topography on that side was extremely rugged. It was his clients opinion that he needed to purchase additional property to the south. Mr. Perkins stated his client felt he needed to purchase the property in order to make a reasonable development out of the property he presently owned. Mr. Perkins stated his client wanted to build small warehouses and mini-warehouses. Mr. Perkins stated that Mr. Allen's concern about the traffic on Davis Boulevard, the rail service would only be to the portion that was currently zoned industrial and would not block traffic. Councilman Kenna asked why planned development would not be better for that property since it would give the owners an opportunity to do what he wanted and at the same time protect the City from some commercial establish- ments that would not be appealing to the site. Councilman Kenna stated he had no problem with what Mr. Perkins clients wanted but something could happen and the property be put up for sale and the City would have no control over what would be built. Mr. Perkins stated his contingency was the fact that the topography of the entire piece of property and the one his client currently owned did not, in his opinion, blend itself to much more than he had planned. Councilman Wood stated that Planning and Zoning Commission minutes made reference to a water run-off problem. May 18, 1981 Page Three Mr. Perkins stated that any drainage work they did on the property was not going to effect anyone on O'Dell Street. Councilman Wood asked Mr. Perkins how flexible his clients would be to accepting commercial zoning, and would it hinder the overall plan. Mr. Perkins stated it would not hinder the current plan, but because of market conditions his clients preferred industrial zoning. Councilman Wood asked Mr. Perkins if he would entertain com- mercial zoning. Mr. Perkins stated he had talked with his clients and they preferred the property not be zoned commercial. His sale was subject to industrial zoning being approved. Mayor Pro Tern Freeman closed the public hearing. 10. Councilman Kenna moved, seconded by Councilman Hubbard, to deny PZ 81-15. Councilman Ramsey stated the City did have a Master Plan going and now had a request to zone some property industrial that opened the door to almost anything; therefore, he would have to vote in favor of the motion. Councilman Wood stated he would ask the Council to give this request some consideration. Councilman Wood stated he felt the property had merit, that it had a railroad and a highway. The property was topographically unsuited for numerous other things. Councilman Wood stated he was not sure what the Master Plan was going to come out with for this property and to outwardly deny it he thought was a miscarriage of justice. Councilman Wood moved to table this item. Motion died for the lack of a second. Original motion carried 3-2; Councilmen Kenna, Ramsey and Hubbard voting for; Councilman Wood and Councilwoman Groves voting against. 11. Mayor Pro Tern Freeman stated this request had been denied by the Planning and Zoning Commission; therefore, it would take a three-fourths vote for approval. In the absence of the Mayor and one Councilperson, Mayor Pro Tern Freeman stated Mr. Morgan had the option of the Council hearing this request tonight or postponing until a full Council was present. Mr. James Morgan, Attorney, appeared before the Council representing Dr. Duer. Mr. Morgan stated because it was very important to Dr. Duer he would like to request a recess at this time or move this request to the end of the agenda. May 18, 1981 Page Four CONSIDERATION OF ORDINANCE FOR PZ 81-15 DENIED PUBLIC HEARING - APPEAL HEARING - PZ 81-12, REQUEST OF DR. THOMAS DUER TO REZONE A PORTION OF TRACT l3E, ABSTRACT 1606, W. W. WALLACE SURVEY FROM LOCAL RETAIL TO COM- MERCIAL Councilman Hubbard moved, seconded by Councilman Kenna, to move Item 11 to Item l6a. Motion carried 5-0. Councilman Wood moved, seconded by Councilman Kenna, to move Item 12 to Item l6b. Motion carried 5-0. 13. Councilman Hubbard moved, seconded by Councilwoman Groves, to approve Ordinance No. 898. Councilman Kenna stated he thought that at no cost to the City, this would give the City a fine opportunity to strengthen the Police Department and at the same time create public good will on the streets. Regardless of how it turned out a year from now it was certainly worth trying. Councilman Hubbard stated that for public reserves would be certified by the State. were not a police officer they would have requirements to be allowed to assist as a information these Even though they to meet certain reserve officer. Motion carried 5-0. 14. Mayor Pro Tern Freeman read the following bids: Longhorn Dodge Hudiburg Chevrolet Dub Shaw Ford Jack Williams Chevrolet Bruce Lowrie Chevrolet $7,632.20 7,243.07 7 ,120. 00 6,937.82 6,842.99 Mayor Pro Tern Freeman stated the low bid of Bruce Lowrie did not meet specifications. The Staff recommended the bid be awarded to Jack Williams Chevrolet. Councilman Kenna moved, seconded by Councilman Ramsey, to approve the bid of Jack Williams Chevrolet. Motion carried 5-0. 15. Councilman Wood stated the North Richland Hills Cable TV Board, which was set up by Ordinance, which awarded a TV Franchise, had been presented to the Council. Basically the recommendations of the Advisory Board was to accept the Ordinance as written on a trial basis which could be modi- fied as the need might surface. Councilman Wood stated the primary reason for the Municipal Access Operating Rules and Procedures was to set basic guidelines, which the Cable TV Company could not do for the City. May 18, 1981 Page Five CONSIDERATION OF ORDINANCE ESTABLISH- ING A RESERVE POLICE FORCE APPROVED ORDINANCE NO. 898 CONSIDERATION OF BIDS FOR ONE HEAVY DUTY HALF-TON PICK- UP - UTILITY DEPART- MENT APPROVED CONSIDERATION OF ORDINANCE ADOPTING MUNICIPAL AND PUBLIC ACCESS OPERATING RULES AND PROCEDURES - CABLE TV APPROVED ORDINANCE NO. 899 .. -"- - - "---~..-.._--~----------~- May 18,1981 Page Six Councilman Wood stated that based on what the Attorney, Cable Company and surrounding cities said, this was the best Ordinance anyone had seen written in the North Texas area. Councilman Wood stated he would like to mention that very few cities had an Ordinance or Advisory Committee to review the way the Cable System was used. Councilman Wood stated this was the best Ordinance the Cable Advisory Committee could come up with and they strongly sug- gested that the Council pass the Ordinance at this time and it could be revised by the Council if a problem arose. Councilman Wood moved, seconded by Councilman Kenna, to approve Ordinance No. 899. Councilman Hubbard stated he would like to thank Councilman Wood personally and on behalf of the Council because he and the Advisory Committee had worked very hard on the Cable. Councilman Hubbard stated they had come up with a very technical set of rules and regulations which the City could live with and modify if necessary. Councilman Ramsey stated he would like to thank Councilman Wood also. Councilman Ramsey stated he thought the Ordinance would be a model for the whole country and be used by the whole country. Motion carried 5-0. Mayor Pro Tern Freeman called a ten minute recess. RECESS Mayor Pro Tern Freeman called the meeting back to order. The same Staff members and Council members were present as recorded at the beginning of the meeting and including Councilman Thomas. l6a. Mayor Pro Tern Freeman opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. PUBLIC HEARING - APPEAL HEARING - PZ 81-12, REQUEST OF DR. DUER TO REZONE A PORTION OF TRACT l3E, ABSTRACT 1606, W. W. WALLACE SURVEY FROM LOCAL RETAIL TO COMMERCIAL Mr. James Morgan, Attorney, 6212 Camelot, appeared before the Council. Mr. Morgan stated that Dr. Duer had asked for commercial zoning at the Planning and Zoning meeting, but commercial zoning was not needed. They would like to change the request to planned development to put in a veterinarian clinic. Mr. Morgan stated there would be no outside runs. May 18, 1981 Page Seven Mr. Morgan stated Dr. Duer had a contract on this property subject to zoning approval. Mr. Morgan showed the Council pictures of the proposed clinic. Councilman Wood asked what type of roof would be used. Mr. Morgan stated the roof in the pictures showed a shingle roof. Under the 1981 Fire Code this could not be used. The picture was an example only. Councilman Wood asked what the roof would be changed to. Mr. Morgan stated it would be composition. Councilman Ramsey asked Mr. Morgan if he had said there would be no outside runs. Mr. Morgan replied that was correct. Mayor Pro Tern Freeman stated that he had a request to speak from Mr. John Lutz and Mrs. Jerry Stage. Mr. Lutz was not present and Mrs. Stage declined. Mrs. Dora Strother appeared before the Council. Mrs. Strother stated she felt Dr. Duer's clinic would be an asset to the area. Mayor Pro Tern Freeman called for anyone wishing to speak in opposition of this request to please come forward. There being no one else wishing to speak, Mayor Pro Tern Freeman closed the public hearing. l6b. Councilman Kenna moved, seconded by Councilman Wood, to approve PZ 81-12, Ordinance No. 900. CONSIDERATION OF ORDINANCE FOR PZ 81-12 APPROVED-PLANNED DEVELOPMENT ORDINANCE NO. 900 Councilman Wood asked if the Ordinance would be changed to Planned Development instead of Commercial. Councilman Kenna made a substitute motion, seconded by Councilman Wood, to approve PZ 81-12, Ordinance No. 900 with the stipulations that the Ordinance be changed to Planned Development; the site plans be attached to the Ordinance; photographs be attached to the Ordinance as quality only and the zoning be issued to Dr. Duer and non-transferable. May 18, 1981 Page Eight Substitute motion carried 6-0. Dr. Duer expressed his appreciation to the Council and Staff for having helped him in this request. 16. Mr. George Tucker, 3905 Diamond Loch, appeared before the Council. CITIZEN PRESENTATION Mr. Tucker presented the Council the following petition: "We the undersigned, each being a qualified, registered voter residing at the address set out beside our respective signa- tures, hereby petition and request the City Council of the City of North Richland Hills, Texas, to resubmit to the qualified voters of this City, with such modifications as the City Council may deem necessary to conform to applicable law, the proposed Charter originally offered for acceptance or rejection at the election of August 9, 1980." The petition was signed by 117 citizens. 17. Mayor Pro Tern Freeman adjourned the meeting May 18, 1981. ADJOURNMENT r;/ / --:/--- D Tern ----------- ATTEST: