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HomeMy WebLinkAboutCC 1980-10-27 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 27, 1980 - 7:30 P.M. l. Mayor Faram called the meeting to order October 27, 1980, at CALL TO ORDER 7:30 p.m. 2. Present: Dick Faram Mayor ROLL CALL Jim Kenna Jim ~~ood J. C. Hubbard Councilmen Bob Brady Hiley Thomas Dave Freeman Sharyl Groves Councilwoman Staff Present: Chuck VJilliams City r~anager Jeanette Moore City Secretary Rex ~1cEntire City Attorney Dennis Horvath Assistant City Manager Richard Albin City Engineer Johnny Howard Fire t1arshal t1argie Nash Planning & Zoning Member Press: P. J. Harbruck North Richland News Joe Norton The Tribune Rosemary Curran t1i d Ci ti es News 3. The invocation was given by Councilman Hubbard. INVOCATION 4. Councilman Freeman moved, seconded by Councilwoman Groves, to approve the minutes of the October 13, 1980, meeting. RESOLUTION NO. 80-32 APPROVAL OF MINUTES OF THE REGULAR MEETING OCTOBER 13, 1980 APPROVED RESOLUTION - SPECIAL RECOGNITION RESOLUTION NO. 80-32 APPROVED Motion carried 7-0. 5. City Manager Williams read the following resolution: ~JHEREAS, it is the des i re of the Ci ty Counci 1 of North Richland Hills, Texas, to recognize employees who distinguish themselves by meritorious personal achievement; and, VJHEREAS, Mrs. Ann Cannon has devoted many hundreds of hours of her personal time toward acquiring the skills, education and experience required for certification a~ a Texas Assessor; and, WHEREAS, Mrs. Ann Cannon has this month, successfully completed all education and training requirements and has been officially designated a Certified Texas Assessor; and, HHEREAS, Mrs. Ann Cannon is a superior employee whose eleven years of service to the City have been characterized by loyalty, selflessness and unswerving dedication; THEREFORE, be it resolved that the City Council of North Richland Hills does hereby recognize these singular efforts of Mrs. Cannon and extends both it's congratulations and appreciation to her for the professional honor she has been accorded. Passed and approved this 27th day of October, 1980. Councilman Brady moved, seconded by Councilwoman Groves, to approve Resolution No. 80-32. Motion carried 7-0. 6. Mayor Faram advised the Council this request had been postponed at the October 8, 1980 meeting. Councilman Freeman moved, seconded by Councilman Kenna, to approve PS 80-30. Motion carried 6-1; Councilmen Freeman, Kenna, Thomas, Brady and Hubbard and Councilwoman Groves, voting for; Councilman Hood voting against. 7. Mayor Faram opened the public hearing and called for anyone present wishing to speak in favor of this request to please come forward. Mr. E. F. Crites, 5060 Circleview, appeared before the Council. Mr. Crites stated he owned the property at the corner of Grapevine Highway and Davis. Mr. Crites stated he had the property leased, subject to the zoning being approved, to a rent-a-car franchise. Councilman Hood stated that in the Planning and Zoning minutes they did not speak to what would be done with the underground gasoline storage tanks. Mr. Crites stated the tanks had been removed sometime ago. Mayor Faram stated in the Planing and Zoning minutes the motion was that 3% of the property would be landscaped and a size limit put on the trucks to be kept on the lot. Mayor Faram asked Mr. Crites if he had any objections to the stipulations put on by the Planning and Zoning Commission. Mr. t·1ike Bailey, President, Northeast Lincoln t~ercury, appeared before the Council. October 27, 1980 Page 2 PS 80-30, FINAL PLAT OF BLOCKS lR & 4, SNOW HEIGHTS NORTH ADDITION (RE-CONSIDERATION) APPROVED PUBLIC HEARING - PZ 80-28 REQUEST OF MR. CRITES & BUDGET RENT-A-CAR TO REZONE LOT lR, BLOCK 1, RICHFIELD PLACE, COt1t1ERCIAL ADDITION, FROt1 LOCAL RETAIL/SPECIFIC USE/SALE OF BEER TO Cm1t1ERCIAL SPECIFIC USE/ RENT CARS, SALE OF USED CARS & NON-TRANSFERABLE Mr. Bailey stated he intended to lease cars and also sell some of the lease cars. Councilman Brady asked Mr. Bailey if he intended to offer any type of repair on the vehicles. Mr. Bailey stated he would only wash cars and change oi 1. Councilman Brady asked about the egress and ingress to the property. Mr. Bailey stated there was presently four entrances to the property and they planned to close the most southern driveway. Councilman Hood asked what type of sign the business would have. Mr. Bailey stated they would conform to the city's sign ordinance. Councilman Hood asked Mr. Bailey if he was aware that if the city approved the Specific Use Zoning it would be in the individuals name and would be non~transferahle. Mr. Bailey stated he had signed a ten year lease. Mayor Faram asked the City Attorney if the Specific Use was issued and non-transferable, how could it be done to a leasee. Mr. McEntire stated it could be issued to a leasee. The permit was being granted to a tenant. Mayor Faram asked if the lease was not renewed would the Specific Use be null and void. Mr. McEntire replied it would be null and void. Councilman Kenna asked Mr. Bailey if he agreed to the 3% landscaping. Mr. Bailey replied yes. Councilman Freeman asked Mr. Bailey if he could tell the Council what the building would look like. Mr. Bailey showed the Council pictures of what the building would look like. October 27, 1980 Page 3 Councilman Hood asked if provisions had been made for the right-of-way, curb and gutter on Davis. Mr. Bailey replied yes. Mr. Crites asked that if the Specific Use was non-transferable, if the lease was dropped would the property revert back to the original zoning. Mayor Faram replied yes. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. There being no one el'se wishing to speak Mayor Faram closed the Public Hearing. 8. Councilman Kenna moved, seconded by Councilman Thomas, to approve PZ 80-29, Ordinance No. 849, with the following stipulations; 3% be landscaped, 1/2 of this being inside the property, no trucks larger than 1/2 ton, with one-way to the north on Davis Blvd., the property being surrounded with 3" pipe fence, the age of the vehicles to be sold or rented will not be older than 2 years and Specific Use to be non-transferable. Motion carried 7-0. 23. Mayor Faram stated he had a request to take action on Item 23 at this time. Mayor Faram advised the Council he had re-appointed Mr. Bob Henderson to the Civil Service Commission and appointed Mr. Jim Ramsey. Mayor Faram asked the Council to confirm these appointments. Councilman Freeman moved, seconded by Councilman Thomas, to confirm the appointments of Mr. Bob Henderson and Mr. Jim Ramsey. Motion carried 7-0. 31. Mayor Faram advised the Council that item #31 would be heard at this time. Mr. Ron Kloberdanz, 3716 Wendell, appeared before the Council. Mr. Kloberdanz advised the Council he did not attend the last Council meeting when this request was first heard. Mr. Kloberdanz stated he was not notified his request was on the agenda. Mr. Kloberdanz stated he wanted to build a 23x34x6 building on the back of his lot. His lot was 308x297 across the back and backed up to Fossil Creek. Mr. Kloberdanz stated October 27, 1980 Page 4 CONSIDERATION OF ORDINANCE FOR PZ 80-29 APPROVED ORDINANCE NO. 849 CONFIRMATION OF MAYOR'S RE-APPOINTMENT OF BOB HENDERSON AND APPOINTMENT OF JIM RAMSEY TO CIVIL SERVICE COMMISSION APPROVED MOTION TO RECONSIDER UTILITY BUILDING, PRESENTED BY MR. KLOBERDANZ APPROVED he raised a garden and needed the building to store his tractor and tools. Councilman Kenna asked if the property backed up to the park. Mr. Kloberdanz stated the property was at the northern end of the park and was actually not used as part of the park. Councilman Hood asked what type of covering would be on the building. Mr. Kloberdanz stated it would be painted corrugated iron. Councilman Hood asked what the building would be used for. Mr. Kloberdanz stated he would use the building to store his garden tools. Councilman Hood asked the height of the building. Mr. Kloberdanz stated there would be eight foot walls. Councilman Freeman asked Mr. Kloberdanz if he had talked to any of his neighbors about the building. Mr. Kloberdanz replied he had discussed it with his neighbors. Councilman Freeman asked if there was anyone in disagreement. Mr. Kloberdanz replied no. Councilman Brady asked Mr. Kloberdanz if the building could be seen from Hendell. Mr. Kloberdanz replied no. Councilman Hood asked the City Attorney if there was a requirement that letters be sent to notify the surrounding property owners. Mr. McEntire stated no. Councilman Brady moved, seconded by Councilman Kenna, to reconsider ~1r. Kloberdanz's request. Motion carried 5-2; Councilmen Brady, Freeman, Kenna, Thomas, and Hubbard voting for; Councilman Wood and Councilwoman Groves voting against. 32. Councilman Kenna moved, seconded by Councilman Brady, to grant Mr. Kloberdanz's request. October 27, 1980 Page 5 ACTION ON ITEM # 31 - UTILITY BUILDING APPROVED Motion carried by a vote of 5-2; Councilmen Brady, Freeman, Thomas, Kenna and Hubbard voting for; Councilman Hood and Councilwoman Groves voting against. 9. Councilman Freeman moved, seconded by Councilman Kenna, to approve PS 80-32. Motion carried 7-0. 10. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. John McBroom appeared before the Council. Mr. McBroom stated he had recently purchased this property and wants to build a home on it. Mr. McBroom stated all city utilities were available to the property. Councilman Freeman asked Mr. McBroom what he planned on using the other lot for. Mr. McBroom stated he planned on having a garden on it. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 11. Councilman Freeman moved, seconded by Councilman Hood, to approve PZ 80-29, Ordinance No. 850. 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. J. B. Sandlin, 5137 Davis, appeared before the Council. Mr. Sandlin stated it was their request to finish Holiday Hest Development. This zoning would be compatible to the zoning around the property. Councilwoman Groves asked if all the comments referred to in the Planning and Zoning minutes had been taken care of. October 27, 1980 Page 6 PS 80-32, REPLATOF LOT lR, BLOCK 1, RICHFIELD PLACE, COMMERCIAL ADDITION, MR. CRITES & BUDGET RENT-A-CAR APPROVED PUBLIC HEARING - PZ 80-29, REQUEST OF JOHN MCBROOM TO REZONE A PORTION OF TRACT 2J, ABSTRACT 1040 FROM AGRICULTURE TO IF-9-1500 CONSIDERATION OF ORDINANCE FOR PZ 80-29 APPROVED ORDINANCE NO. 850 PUBLIC HEARING - PZ 80-31 REQUEST OF NORTHEAST CONSTRUCTION COMPANY TO REZONE PORTIONS OF TRACTS 1 & lB, ABSTRACT 1606, FROM AGRICULTURE TO t~UL TI-FAMIL Y October 27, 1980 Page 7 Mr. Sandlin stated the comments would be taken care of when the platting was done. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. There being no one else wishing to speak on this request, Mayor Faram closed the public hearing. 13. Councilman Kenna moved, seconded by Councilman Thomas, to approve PZ 80-31, Ordinance No. 851. Motion carried 6-1; Councilmen Kenna, Hood, Hubbard, Thomas and Brady and Councilwoman Groves voting for; Councilman Freeman voting against. 14. Mayor Faram opened the public hearing and called for anyone present wishing to speak in favor of this request to please come forward. Mr. Sandlin stated that all four cases were identical. CONSIDERATION OF ORDINANCE FOR PZ 80-31 APPROVED ORDINANCE NO. 851 Mayor Faram asked if there was anyone in opposition to the requests in the audience. PUBLIC HEARING - PZ 80-32, REQUEST OF NORTHEAST CONSTRUCTION COMPANY TO REZONE PORTION OF TRACTS 1 & 1B, TRACT 1606, FROM AGRICULTURE TO LOCAL RETAIL There was no opposition. Mayor Faram advised the Council only action on the ordinances were necessary. 15. Councilman Kenna moved, seconded by Councilman Brady, to approve PZ 80-32, Ordinance No. 852. Motion carried 6-1; Councilman Kenna, Wood, Hubbard, Thomas, Brady and Councilwoman Groves voting for; Councilman Freeman voting against. CONSIDERATION OF ORDINANCE FOR PZ 30-32 APPROVED ORDINANCE NO. 852 16. Case heard with item #14. Motion carried 7-0. PUBLIC HEARING - PZ 80-33, REQUEST OF NORTHEAST CONSTRUCTION COMPANY TO REZONE PORTION OF TRACTS 1 & 1B, ABSTRACT 1606, FROM AGRICULTURE TO LOCAL RETAIL CONSIDERATION OF ORDINANCE FOR PZ 80-33 APPROVED ORDINANCE NO. 853 17. Councilman Kenna moved, seconded by Councilman Thomas, to approve PZ 80-33, Ordinance No. 853. 18. Case heard with #14. 19. Councilman Thomas moved, seconded by Councilman Kenna, to approve PZ 80-34, Ordinance No. 854. Motion carried 7-0. 20. Mayor Faram opened the public hearing and called for anyone present wishing to speak in favor of this request to please come forward. Mr. Jess Prideaux, 3883 Turtle Creek, Dallas, appeared before the Council. Mr. Prideaux stated this sign would mark and advertise their coming to Industrial Park across from Graham Magnetics. Mr. Prideaux showed the Council a rendering of the sign. Mayor Faram asked the size of the sign. Mr. Prideaux stated the sign was approximately 8X20. Councilman Kenna asked where the sign would be located. Mr. Prideaux stated the sign would be in the island of Industrial Boulevard at the corner of Rufe Snow. Mr. Prideaux stated when development was 75% complete they would put up a different marker. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. There being no one wishing to speak, Mayor Faram closed the public hearing. 21. Mayor Faram stated the Planning and Zoning Commission had recommeded approval of this request. Councilman Wood moved, seconded by Councilwoman Groves, to approve PZ 80-35, Ordinance No. 855. Councilman Freeman asked why this request had come to the Council and the staff had not handled it. October 27, 1980 Page 8 PUBLIC HEARING - PZ 80-34, REQUEST OF NORTHEAST CONSTRUCTION COMPANY TO REZONE PORTION OF TRACTS 1 & 1B, ABSTRACT 1606, FROM AGRICULTURE TO 2-F-9-TWO FAMILY m~ELLINGS CONSIDERATION OF ORDINANCE FOR PZ 80-34 APPROV ED ORDINANCE NO. 854 PUBLIC HEARING - PZ 80-35, REQUEST OF CLARKS BROTHERS TO REZONE A PORTION OF TRACTS 1 & 1B, ABSTRACT 1606, FROM INDUSTRIAL TO A INDUSTRIAL-SPECIFIC USE-BILLBOARD CONSIDERATION OF ORDINANCE FOR PZ 80-35 APPROVED ORDINANCE NO. 855 City Attorney McEntire stated because it required a Specific Use Permit. After further discussion, Mayor Faram called a ten minute recess. Mayor Faram called the meeting back to order. The Council members and staff were present as recorded at the beginning of the meeting. Councilman Freeman stated the staff had reviewed the request and felt because of the size of the sign it should be brought to the Council IS attention. Motion to approve the request carried 7-0. 22. Councilman Kenna moved, seconded by Councilwoman Groves, to approve canceling the November 10, November 24 and December 22, regular Council meetings and setting November 17, 1980 Special meeting and that a public hearing be set at the November 17, 1980 meeting on the Utility Regulation and rates service (under PUTRA) principles. Motion carried 7-0. 23. This item heard after item #8. 24. Councilman Freeman moved, seconded by Councilman Kenna, to approve Ordinance No. 856. City Manager Williams stated a possibility exists that some residents in the city were requiring trash service, but for some reason or another, not being billed. This was costing the contractor and the city money. (The City received 10% of garbage fees collected.) SCA was now receiving the city ledgers to insure that only those billed were receiving service. This was a temporary solution only. Mr. Williams stated other cities (Hurst, Haltom City) had remedied this situation by requiring new water customers to sign up for trash disposal service. These individuals currently not paying nor utilizing this service will not be required to sign up for this service. Mr. Williams stated that normal attrition would remedy these few cases, approximately 200. Mr. Williams stated this ordinance would help in the city billing procedures and prevent loss of revenue to the city and the contractor. Councilman Hubbard stated that the ordinance stated each person, firm or corporation applying, and in his opinion, there should be a couple of things added to the ordinance. October 27, 1980 Page 9 RECESS BACK TO ORDER CONSIDERATION TO CANCEL REGULAR COUNCIL MEETINGS FOR: NOVEMBER 10-TML CONVEN- TION - NOVEMBER 24 - THANKSGIVING - DECEMBER 22, CHRISTMAS APPROVED CONSIDERATION OF ORDINANCE AMENDING THE ESTES CONTRACT POSTPONED Councilman Huubard stated the city had will-call commercial service which meant that a' party could call to have his dumpster dumped whenever he felt it was full. which meant it could have been running over for three weeks, it was at his discretion. Councilman Hubbard stated there were companies taking service that was not sufficient service and he would like to make an amendment to the motion or see that the will-calls be cut out and a one time a week service required for any firm or corporation using commercial containers; sufficient service be required for all firms or corporations as determined by the City Staff or a member of the garbage company. Mayor Faram asked Councilman Hubbard if he was offering that as an amendment to the motion. Councilman Hubbard moved, seconded by Councilman Freeman, to amend the motion to state "will-call service be removed from the city and that all commercial service be required one time a week and that sufficient service be required by firms or corporations using the garbage service. II Councilman Freeman asked that someone tell him the ratifications of the amendment. Mr. Mickey Flood, General Manager SCA, appeared before the Council. Mr. Flood stated the will-call service was a service that was provided to commercial accounts. Where the commercial account, at their own discretion, call in for service. Theoretically, it should work, practicality it did not. Mr. Flood stated the commercial account usually did not call until the trash container was running over. Mr. Flood stated that if you were to drive by some containers you would find that the containers were running over, right now. Mr. Flood stated this gave the garbage company a bad reputation and it certainly did not enhance the beautification of North Richland Hills. Mr. Flood stated this ordinance had been passed in Fort Worth and the only addition they made was that they classified will-calls for garbage that could not be canned. City Attorney McEntire asked Councilman Hubbard if his motion would require commercial to pay for a pickup once a week. Councilman Hubbard stated it would require them to pay for one and require them to take pickups once a week. Councilman Freeman asked if there was not an ordinance in existence that would clean up the problem. Councilman Freeman stated he could foresee a situation where commercial customers might not need service every week. October 27, 1980 Page 10 Mr. Flood stated that if the ordinance was done as Councilman Hubbard suggested, and if the customer required additional service; if the customer was getting picked up once every two weeks and really needed to be picked up once a week, he thought it could be enforced by the Fire Marshal. Mr. Flood stated he probably could not come up with a list overnight as to the customers that did not have enough service and of those that did not need additional service. Mr. Flood stated yet some were generating enough trash that created a problem for the city and the garbage company. Councilman Hubbard stated he felt a lot of the will-calls was probably oversized on containers whereby they could take a smaller container once a week for almost the same price they were paying for the will-calls for the larger container. Mayor Faram stated that in the discussion he had with Mr. Flood earlier, he indicated that some of the commercial accounts might very well go under the residential classification as opposed to commercial service. Mayor Faram stated he thought the city was trying to avoid garbage setting that was overflowing and he was surprised that wasn't addressed in the proposed ordinance. City Manager Williams stated all information was layed out and this was the ordinance the Attorney came up with. After further discussion, Mayor Faram suggested the Council delay action of this item until the November 17, 1980 meeting and get the proper wording. Councilman Wood moved, seconded by Councilman Kenna, to postpone action on this item until November 17, 1980. Motion carried 7-0. 25. Councilman Wood moved, seconded by Councilman Wood, to approve the bid of Case Power & Equipment in the amount of $21,689.88. Motion carried 7-0. 26. Councilman Wood moved, seconded by Councilman Kenna, to approve the bid of Hudiburg Chevy in the amount of $7,200.00 Councilman Freeman asked if only one bid was received. Mr. Williams stated bid forms were mailed to seven different automobile firms and advertised in the paper and only one bid was received. Councilman Freeman asked if the staff could shop for pickups. October 27, 1980 Page 11 CONSIDERATION OF BIDS FOR TRACTOR LOADER BACKHOE FOR UTILITY DEPARTMENT APPROVED CONSIDERATION OF BIDS FOR ~ TON PICKUP FOR UTILITY DEPARTMENT P8STPONED October ~7, 1980 Page 12 Mr. McEntire stated it would have to be re-advertised. Mayor Faram asked how long the bid was good for. Mr. McEntire stated the city had 30 days to accept the bid. Mr. Williams advised this item could be re-considered on November 17, 1980. Councilman Brady moved, seconded by Councilwoman Groves, to postpone action on this item. Motion carried 7-0. Councilman Freeman asked if the staff could contact the dealers and see if they would re-bid. Mr. Williams stated they could be contacted but most dealers were not bidding because they could not guarantee delivery. 27. Councilman Hubbard moved, seconded by Councilman Kenna, to approve the bid of Plains Machinery Company in the amount of $20,368.00. Motion carried 7-0. CONSIDERATION OF BIDS FOR TANDEM ROLLER FOR PUBLIC WORKS DEPARTMENT APPROVED CONSIDERATION OF RESOLUTION FOR TARRANT COUNTY APPRAISAL DISTRICT APPROVED RESOLUTION NO. 80-33 28. Mayor Faram advised the Council that Mr. Wayne Tidwell had resigned from the Tax Appraisal Board and Mr. Herbert Leach had been nominated. Councilman Brady moved, seconded by Councilman Kenna, to approve Resolution No. 80-33, appointment of Mr. Herbert Leach to the Tax Appraisal Board. Motion carried 7-0. 29. Councilman Brady moved, seconded by Councilman Kenna, to approve Resolution No. 80-34. Motion carried 7-0. CONSIDERATION OF RESOLUTION FOR REVENUE BONDS FOR GRAHAM MAGNETICS APPROVED RESOLUTION NO. 80-34 PUBLIC HEARING - REVENUE SHARING 30. Mayor Faram advised the Council this was the first of two hearings on Revenue Sharing. Mayor Faram stated Revenue Sharing would be used for the following items: 2 Fire Trucks Computer System $106,000 50,000 Mayor Faram opened the public hearing and called for anyone wishing to speak on this item to please come forward. There being no one wishing to speak, Mayor Faram closed the public hearing. The next public hearing will be held November 17, 1980. 31. This item was heard after item #8. 32. Action was taken on this item earlier in the meeting. 33. Mayor Faram adjourned the meeting of October 27, 1980. October 27, 1980 Page 13 ADJOURNt·1ENT ~~~ ATTEST: