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HomeMy WebLinkAboutCC 1992-08-10 Minutes Present: NOTES ON PRE COUNCIL MEETING AUGUST 10, 1992 Tommy Brown Byron Sibbet Lyle E. Welch Mack Garvin Mark Wood Jo Ann Johnson Ray Oujesky Linda Spurlock Rodger Line Dennis Horvath CA. Sanford Jeanette Rewis Rex McEntire Lee Maness Greg Dickens Jim Browne Barry LeBaron Richard Albin Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilwoman City Manager Deputy City Manager Assistant City Manager City Secretary Attorney Finance Director Public Works Director Park and Recreation Director Community Services Director City Engineer ITEM DISCUSSION I ASSIGNMENT I PZ 92-11 Staff explained the first four items on the Pre- Imm REGARDING Council Agenda pertained to fine tuning of the Follow up on PZ 92- VISIBILITY Zoning Ordinance. Council had questions on 11. TRIANGLES - PZ 92-26 pertaining to the use of the median ORDINANCE NO. for landscaping. Staff explained the median 1823 was being used to be in compliance with the ten percent landscaping requirement. Some PZ 92-21 Council members felt there was not a need for REGARDING more landscaping for commercial zoned EXTRA WIDTH property. Staff explained that the Planning and ON CORNER Zoning Commission felt there should be more LOTS- landscaping on commercial property. There ORDINANCE NO. was discussion on the wording regarding 1824 visibility triangles (PZ 92-11). Council asked that Staff worked on the ordinance simplifying Pre-Council Minutes 8/10/92 Page 2 ITEM DISCUSSION I ASSIGNMENT I PZ 92-26 the wording and re-working sight-triangle REGARDING requirements. PZ 92-21, PZ 92-26 and THE LANDSCAPE PZ 92-27 were approved in formal meeting and REQUIREMENT - PZ 92-11 was tabled. ORDINANCE NO. 1828 PZ 92-27 REGARDING THE GROUND FLOOR RESIDENCE REQUIREMENT - ORDINANCE NO. 1829 ORDINANCE No questions. CANVASSING THE SALES AND USE TAX ELECTION HELD ON AUGUST 8, 1992 - ORDINANCE NO. 1821 RESOLUTION No questions. CANVASSING THE CHARTER ELECTION HELD ON AUGUST 8, 1992 - RESOLUTION NO. 92-40 Pre-Council Minutes 8/10/92 Page 3 ITEM DISCUSSION ASSIGNMENT CONSIDERATION Staff explained when the Fire Ordinance was NAN OF AN originally written it included the provision that AMENDMENT TO any building over 500 square feet that sold BUILDING CODE alcohol must be sprinkled. After checking with REGARDING surrounding cities Staff felt this was too FIRE SPRINKLER restrictive. SYSTEMS - ORDINANCE NO. 1831 AWARD OF There were questions pertaining to why area NAN CONTRACT FOR banks did not bid on this project. Staff LEASE! explained banks were not allowed to bid PURCHASE FOR because of the 1986 Tax Reform Act. RADIO AND FINGER PRINT SYSTEM - ORDINANCE NO. 1832 ROOM RENTAL This item was moved to Executive Session. NAN AND CITY Mayor Brown appointed the following AUDITORIUM committee to review the resolution covering the POLICY Community Center rules: Councilwomen Spurlock and Johnson, Councilman Welch and one representative from the Park and Recreation Department to be named by Jim Browne - January 15th deadline for submittal of new policy. DESIGNATED It was the consensus of the Council to adopt Barry WIDTH AND Option No.4 for the alignment of Holiday Lane Proceed with revising ALIGNMENT OF including the masonry fence. There were map. HOLIDA Y LANE questions pertaining to the five homes that were proposed to face Holiday Lane. Council was C.A. advised that would be taken care of at the time Follow up with of platting. Staff was advised they were developer. checking to see if the developer would sell to the City the five lots on the west side of Holiday Lane to extend the park that was proposed for that property. Mr. Sanford will pursue negotiations with the developer. Pre-Council Minutes 8/10/92 Page 4 ITEM DISCUSSION ASSIGNMENT OTHER ITEMS Council was reminded of the upcoming budget NOTE work session and that October 15th had been set for the reception for the Board and Commission members. ADJOURNMENT Council adjourned to Executive Session. I I 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 - AUGUST 10, 1992 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order August 10, 1992, at 7:30 p.m. ROLL CALL Present: Tommy Brown Byron Sibbet Mack Garvin Lyle E. Welch Mark Wood Jo Ann Johnson Ray Oujesky Linda Spurlock Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilwoman Staff: Rodger N. Line Dennis Horvath CA. Sanford Jeanette Rewis Rex McEntire Greg Dickens City Manager Deputy City Manager Assistant City Manag(~r City Secretary Attorney City Engineer 2. INVOCATION Councilman Wood gave the invocation. 3. PLEDGE OF ALLEGIANCE Boy Scout Troop No. 321 led the pledge of allegiance. 4. MINUTES OF THE REGULAR MEETING JULY 27,1992 APPROVED Councilwoman Johnson moved, seconded by Mayor Pro Tern Sibbet, to approve the minutes of the July 27, 1992 meeting. August 10, 1992 Page 2 Motion carried 7-0. 7. PRESENTATIONS BY BOARDS & COMMISSIONS A. SPECIAL PRESENTATION BY BEAUTIFICATION COMMI'ITEE Ms. Alice Scoma, Chairman Beautification Committee, presented the Council with "Keep Texas Beautiful Governor's Award" for third place. Ms. Dunkelberg presented several awards in different categories. B. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT TO KIRK MARCUM Mayor Brown presented Kirk Marcum with his certificate of achievement. 8. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 9. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (16, 19, 20, 21, & 23) APPROVED Councilwoman Spurlock moved, seconded by Mayor Pro Tern Sibbet, to approve the Consent Agenda. Motion carried 7-0. 10. PZ 92-17 PUBLIC HEARING ON CONSIDERATION OF A PROPOSED AMENDMENT TO THE ZONING ORDINANCE NO. 1080 REGARDING VISIBILITY TRIANGLES - ORDINANCE NO. 1823 TABLED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to come forward. There being no one wishing to speak Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one wishing to speak Mayor Brown closed the Public Hearing. ~"~~ .>.~~~_.~.__._-_._----'--"--"'~_.--,-,,~,,~~,,--~----,----~..~ August 10, 1992 Page 3 Councilman Garvin moved, seconded by Councilwoman Spurlock, to approve Ordinance No. 1823. After further discussion, Councilman Garvin withdrew his motion and Councilwoman Spurlock withdrew her second. Councilman Garvin moved, seconded by Councilwoman Spurlock, to table Ordinance No. 1823. Motion carried 7-0. 11. PZ 92-21 PUBLIC HEARING ON CONSIDERATION OF A PROPOSED AMENDMENT TO THE ZONING ORDINANCE NO. 1080 REGARDING EXTRA WIDTH ON CORNER LOTS - ORDINANCE NO. 1824 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to come forward. There being no one wishing to speak, Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one wishing to speak Mayor Brown closed the Public Hearing. Councilwoman Johnson moved, seconded by Councilman Wood, to approve Ordinance No. 1824. Motion carried 7-0. 12. PZ 92-23 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF REDBUD CAPITAL, INC. TO REZONE TRACT 3B7, T.K. MARTIN SURVEY, ABSTRACT 1055, FROM R-7-MF MULTI-FAMILY RESIDENTIAL TO R-2 SINGLE FAMILY RESIDENTIAL (LOCATED ON THE WEST SIDE OF PRECINCT LINE ROAD, JUST SOUTH OF THE WOODLAND OAKS SUBDIVISION) - ORDINANCE NO. 1825 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to come forward. August 10, 1992 Page 4 Mr. Gary Teague, representing the applicant, appeared before the Council and spoke in favor of the request. Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilman Garvin moved, seconded by Councilman Oujesky, to approve Ordinance No. 1825. Motion carried 7-0. 13. PZ 92-24 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF SPRING OAKS DEVELOPMENT COMPANY TO REZONE A PORTION OF TRACT 8, JOHN BARLOUGH SURVEY, ABSTRACT 130, FROM R-3 SINGLE FMULY RESIDENTIAL TO R-3-1550 SINGLE FAMILY RESIDENTIAL (LOCATED JUST SOUTH OF THE SUNNY MEADOWS SUBDIVISION) - ORDINANCE NO. 1826 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to come forward. Staff explained this zoning was being done at the City's request. Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one wishing to speak Mayor Brown closed the Public Hearing. Mayor Pro Tem Sibbet moved, seconded by Councilman Oujesky, to approve Ordinance No. 1826. Motion carried 7-0. 14. PZ 92-26 PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT TO THE ZONING ORDINANCE NO. 1080 REGARDING THE LANDSCAPE REQUIREMENT - ORDINANCE NO. 1828 APPROVED -~ '_M'·"~_--"'-~-'-·"·~_~_~'~··____'·____~.___~M_'_'_ August 10, 1992 Page 5 Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to come forward. There being no one wishing to speak Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one wishing to speak Mayor Brown closed the Public Hearing. Councilwoman Johnson moved, seconded by Mayor Pro Tern Sibbet, to approve Ordinance No. 1828. Motion carried 5-2; Mayor Pro Tim Sibbet, Councilwomen Spurlock and Johnson, Councilmen Welch and Oujesky voting for and Councilmen Garvin and Wood voting against. 15. PZ 92-27 PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT TO THE ZONING ORDINANCE NO. 1080 REGARDING THE GROUND FLOOR RESIDENCE REQUIREMENT - ORDINANCE NO. 1829 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to come forward. There being no one wishing to speak, Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one wishing to speak Mayor Brown closed the Publi<; Hearing. Mayor Pro Tern Sibbet moved, seconded by Councilman Oujesky, to approve Ordinance No. 1829. Motion carried 7-0. *16. GN 92-93 CONSIDERATION OF AN ORDINANCE TO AMEND THE FIRE CODE REGARDING ABOVE GROUND STORAGE TANKS - ORDINANCE NO. 1822 APPROVED August 10, 1992 Page 6 17. GN 92-94 ORDINANCE CANVASSING THE SALES AND USE TAX ELECTION HELD ON AUGUST 8, 1992 - ORDINANCE NO. 1821 APPROVED Mayor Brown presented the following ordinance canvassing the Sales and Use Tax Election: ORDINANCE NO. 1821 WHEREAS, by Ordinance No. 1811 the City Council called a referendum election in the City of North Richland Hills, Texas for the purpose of submitting a proposition pertaining to the levy and collection of an additional one-half cent sales tax pursuant to the provisions of Article 5190.6, Vernon's Texas Civil Statutes, to be used and applied in the manner and to the purposes authorized by Section 4B of said Act including, but not limited to, parks and park facilities, ball parks and open space program; and WHEREAS, notices of said election were published and given in the time and manner required by law and such election was duly held in the City of North Richland Hills, Texas on the 8th day of August, 1992; and WHEREAS, such election was called and conducted according to the laws of the State of Texas; and WHEREAS, the election official made his returns of the elections to the City Council of the City of North Richland Hills, Texas, for canvas and the canvas showed the following result: Proposition: THE LEVY AND COLLECTION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT SALES AND USE TAX FOR THE PURPOSE OF PROVIDING PARKS AND PARK FACILITIES, BALL PARKS, OPEN SPACE IMPROVEMENTS, AND OTHER FACILITIES PERMITIED BY SECTION 4B OF ARTICLE 5190.6, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED. FOR THE PROPOSITION: 627 Votes AGAINST THE PROPOSITION: 564 Votes NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: The above findings and canvass be and are hereby in all things approved. August 10, 1992 Page 7 2. The City Council finds and enters its order that a majority of the qualified voters of the City of North Richland Hills, Texas, voting at such election, has authorized the levy and collection of one-half cent sales and use tax authorized by Section 4B of the Development Corporation Act of 1979 (Art. 5190.6, Vernon's Texas Civil Statutes, as amended) to be used for the purposes set out in said Section 4B. 3. There is hereby levied a sales and use tax within the City of an additional one-half cent pursuant to the provision of Development Corporation Act of 1979, as amended, as well as any excise tax at the same rate which is imposed by subsection (2)( e) under said Section 4 B. 4. The effective date of this additional tax levied by this OrdinanÅ“ is January 1, 1993, and such tax shall be collected on and after such date. 5. The powers given by the Development Corporation Act of 1979 (Article 5190.6, V.R.C.S., as amended) are hereby adopted. Mayor Pro Tem Sibbet moved, seconded by Councilman Oujesky, to approve Ordinance No. 1821. Motion carried 7-0. 18. GN 92-95 RESOLUTION CANVASSING THE CHARTER ELECTION HELD ON AUGUST 8, 1992 - RESOLUTION NO. 92-40 APPROVED Mayor Brown presented the following resolution canvassing the Charter Amendment election: RESOLUTION NO. 92-40 WHEREAS, pursuant to Resolution No. 92-17 an election was duly held on August 8, 1992 to allow the voters to vote on 23 propositions to amend the Home Rule Charter of the City of North Richland Hills, Texas; and August 10, 1992 Page 8 WHEREAS, the Council finds that all procedural and substantive requirements were met for the holding of said election and that it was held pursuant to and in accordance with the laws of the State; and WHEREAS, the Council canvassed the votes cast at said election and the canvass showed the following results: Proposition 1 667 For 458 Against Proposition 2 1,038 For 80 Against Proposition 3 786 For 344 Against Proposition 4 975 For 149 Against Proposition 5 585 For 481 Against Proposition 6 915 For 172 Against Proposition 7 374 For 657 Against Proposition 8 612 For 426 Against Proposition 9 680 For 368 Against Proposition 10 556 For 505 Against Proposition 11 706 For 265 Against Proposition 12 779 For 229 Against Proposition 13 906 For 147 Against Proposition 14 771 For 226 Against Proposition 15 893 For 115 Against Proposition 16 938 For 124 Against Proposition 17 807 For 209 Against Proposition 18 810 For 198 Against Proposition 19 802 For 183 Against Proposition 20 794 For 180 Against _._,..__...g.~,,~.,.,,~,--,~---~~---~---- August 10, 1992 Page 9 Proposition 21 763 For 197 Against Proposition 22 708 For 259 Against Proposition 23 634 For 403 Against NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The above findings and the above canvass are in all things approved. 2. The City Council declares and orders that the following numbered propositions carried: Propositions No.1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23. The City Council declares and orders that the following numbered propositions failed to carry: Proposition No.7. 3. The City Secretary is ordered to cause the City Charter to be changed and reprinted to reflect the changes brought about by the propositions which carried in the election of August 8, 1992. Mayor Pro Tern Sibbet moved, seconded by Councilwoman Spurlock, to approve Resolution No. 92-40. Motion carried 7-0. *19. GN 92-96 REGULATION OF SCHOOL ZONES - ORDINANCE NO. 1830 APPROVED August 10, 1992 Page 10 *20. GN 92-97 CONSIDERATION OF AMENDMENT TO BUILDING CODE REGARDING FIRE SPRINKLER SYSTEMS- ORDINANCE NO. 1831 APPROVED *21. PU 92-26 AWARD OF CONTRACT FOR LEASE/PURCHASE FOR RADIO AND FINGER PRINT SYSTEM - ORDINANCE NO. 1832 APPROVED 22. PW 92-22 DESIGNATED WIDTH AND ALIGNMENT OF HOLIDAY LANE APPROVED Councilman Garvin moved, seconded by Mayor Pro Tern Sibbet, to approve Option #4 - C2U - 2 lanes, 40' of pavement width with easterly alignment with fencing requirements of M4U along Holiday Lane. Ms. Cheryl Lyman, 7328 Tipperary, spoke in favor of the easterly direction. Mr. Bob Atherton, 7300 Bursey Road, supported the easterly direction. Dr. Tom Duer, 7312 Londonderry, asked questions pertaining to the property to the south. Dr. Duer asked how the citizens would be notified on any changes to the property. Staff explained that the only notice required to be given to property owners is on a proposed zoning change; no notice of platting changes is required. Motion carried 7-0. *23. PAY 92-08 BEDFORD-EULESS ROAD WIDENING PROJECT- AUTHORIZATION OF FUNDS DISBURSEMENT - RESOLUTION NO. 92-39 APPROVED 24. CITIZENS PRESENTATION Mr. Jerry Taylor, 7801 Clover Leaf, thanked the Council for the sidewalks along Green Valley. Mr. Taylor advised that the homeowners were going to install concrete sidewalks from Clover Leaf up to the school. Mr. Taylor asked that the Police Department put a special car in the area to monitor the speed. August 10, 1992 Page 11 There was discussion from the Council pertaining to the sidewalks on Green Valley Drive and also discussion on the flashing school lights that were installed. Mr. Taylor was advised that a school crossing guard would be at the location which was paid for by the City. Mr. Manuel Villarreal, 7035 Cross timbers Drive, stated he was advised that the resolution pertaining to renting of the rooms at the Recreation Center was discussed prior to 7:30 p.m. Mr. McEntire advised Mr. Villarreal that the Mayor had appointed a committee to study the resolution. Mr. Villarreal asked what time frame they were looking at on resolving the issue. Council advised it would be January. Mr. Villarreal advised he felt the time frame was not acceptable and asked the City to void the resolution and have a new one within thirty days. 25. ADJOURNMENT Councilwoman Spurlock moved, seconded by Mayor Pro Tem Sibbet, to adjourn the meeting. Motion carried 7-0. ,-~1..~ Tommy Br n - Mayor ATTEST: