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HomeMy WebLinkAboutCC 1984-01-23 Minutes Present: Dick Faram Rodger Line Dennis Horvath Gene Riddle Marie Hinkle Jim Ramsey Richard Davis Jim Kenna Harold Newman Dick Fisher J.C. Hubbard Rex McEntire ITEM DISCUSSION NOTES ON PRE-COUNCIL MEETING JANUARY 23, 1984 Mayor City Manager Assistant City Manager Public Works Director Councilwoman Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman City Attorney CONSIDERATION Mayor Faram briefed the Council on the proposed OF RESOLUTION PARTICIPATING Resolution for the construction of Glenview Drive. IN THE CON- STRUCTION OF A letter of credit has been received from the GLENVIEW DRIVE business community to be applied to Richland Hills' share of the cost of the project. DISCUSSION OF OTHER ITEMS Rex McEntire briefed the Council on the the require- ments to begin eminent domain procedures regarding the Engler property. Councilman Kenna requested the members of the Industrial Development Committee be re-appointed. This should be on the next regularly scheduled Council Meeting. After a discussion, it was determined that Dr. Norman Ellis has been officially appointed to the Cable Advisory Committee. Dr. Ellis should be notified, as well as the other Committee members. ASSIGNMENT Gene - Get appraisal made on Engler property. Jeanette Moore Jeanette Moore ITEM DISCUSSION Mayor Faram briefed the Council on the results of the meeting with the State Highways and Public Transportation Commission. He asked that letters of appreciation be sent to all people and entities who supported this project. Page Two 1/23/84 Pre-Council ASSIGNMENT Dennis 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 - JANUARY 23, 1984 - 7:30 P.M. 1. Mayor Faram called the meeting to order January 23, 1984, at 7:30 p.m. 2. Present: Dick Faram Jim Ramsey Jim Kenna Richard Davis J.C. Hubbard Dick Fisher Harold Newman Marie Hinkle Staff: Rodger N. Line Dennis Horvath Jeanette Moore Rex McEntire Richard Albin Gene Riddle John Whitney Press: Mark England Katherine Woodard 3. Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Councilwoman City Manager Assistant City Manager City Secretary City Attorney City Engineer Director Public Works- Utility Purchasing Agent Mid Cities Daily News Fort Worth Star Telegram The invocation was given by Rev. Bill Simmons, Richland Hills Baptist Church. 4. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to approve the minutes of the January 9, 1984 meeting. Motion carried 6-0; Councilwoman Hinkle abstaining due to absence from the meeting. 5. None 6. Mayor Pro Tem Ramsey moved, seconded by Councilman Hubbard, to approve the Consent Agenda. Motion carried 7-0. CALL TO ORDER ROLL CALL INVOCATION CONSIDERATION OF MINUTES OF THE REGULAR MEETING JANUARY 9, 1984 APPROVED CONSIDERATION OF REMOVING ITEM (S) FROM THE CONSENT AGENDA CONSIDERATION OF CONSENT AGENDA ITEM (S) INDICATED BY ASTERISK (#9, 10, II, 12, 13, 14 & 15) APPROVED 7. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Steven Harrison, Attorney, 4708 Holiday Lane, appeared before the Council representing Mr. Randy Stewart. Mr. Harrison stated that Randy and Vickie Stewart were acting agents for a Texas Corporation, Dunway Oil Company. Mr. Harrison stated the Stewart's wanted to sell beer only for off-premise consumption only. Mr. Harrison stated that Randy Stewart did own and operate Randy's Handimart. Mr. Harrison stated the Planning and Zoning Commission heard this case and determined that the application met all requirements of the Zoning Ordinance. Mr. Harrison stated the question was not whether or not beer should be sold, it was not a moral question before the Council. Mr. Harrison stated there were approximately six places in close range of the Randy's that had permits to sell beer. Mr. Harrison stated the issue did not pertain to the use of alcohol. Mr. Harrison stated the question was whether the governing body would abide by the Zoning Ordinance and the applicant had complied with the ordinance. Mr. Harrison stated the other question was whether everyone would be treated equal. Mr. Harrison stated the use was compatible, there were no dangers, the Council would hear concerns about a school being near, traffic and litter. Mr. Harrison stated this was not the issue. Councilman Hubbard asked whose individual name the permit would be issued in. Mr. Harrison stated the permit would be in the name of Randy and Vickie Stewart. Councilman Hubbard asked if they would be the managers of the store. Mr. Harrison stated yes, the Stewarts owned the stock. Councilman Hubbard asked Mr. Harrison if he was aware that if the Stewart's sold the store the Specific Use would automatically be removed. Mr. Harrison stated yes. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. Mr. L.C. Barnett, Smithfield Road, appeared before the Council. January 23, 1984 Page 2 PLANNING & ZONING PUBLIC HEARING PZ 83-68, REQUEST OF RANDY STEWART TO REZONE LOT 1, BLOCK 31, COLLEGE HILL ADDITION FROM LOCAL RETAIL TO LOCAL RETAIL-SPECIFIC USE-SALE OF BEER OFF-PREMISE CONSUMPTION (LOCATED AT THE INTERSECTION OF DAVIS BOULEVARD AND SMITHFIELD ROAD) Mr. Barnett stated he would suggest that there was a consider- able difference between this location. and some of the other locations that were mentioned that were currently selling alcoholic beverages. Mr. Barnett stated the other locations were not directly in front of residences. Mr. Barnett stated the other locations had better access. Mr. Barnett stated that by the admission of the Council for the applicant, there were plenty of places in close proximity of this location for the citizens of North Richland Hills to buy alcoholic beverages. Mr. Barnett stated there was a problem with litter and hazards, as far as access to the location. Mr. Barnett stated there had been a number of accidents at this location. Mr. Barnett requested the Council deny this request. Mr. Barnett stated it would devalue his property if granted. Mr. Dawain Klopfenstein, Pastor of College Hill Assembly of God Church, appeared before the Council. Mr. Klopfenstein stated this was a hazardous intersection and the sale of beer would bring more traffic. Mr. Klopfenstein stated that the traffic had tripled in the last five years at this intersection. Mr. Klopfenstein stated there were at lease six other places to buy alcoholic beverages and he felt that was sufficient. Mr. Klopfenstein stated there had been countless accidents at this intersection. Mr. Joe Barnett, 6000 Davis Boulevard, appeared before the Council. Mr. Barnett stated that it had been determined that his property was not within 200 feet of the property requesting the zoning change to have been personally notified of the Planning and Zoning Meeting. Mr. Barnett stated his property was across the street, diagonal from this property. Mr. Barnett stated it was hazardous to try and get on Davis Boulevard because of the traffic. Mr. Barnett stated the question the Council was addressing was one concerning the police powers of the City. Mr. Barnett stated the Statues of the State of Texas gave Municipalities the right, the authority and responsibility to protect the interest of the citizens. Mr. Barnett stated the safety and welfare of the community was the question. Mr. Barnett stated he would like to point out that the Planning and Zoning Commission and Council recently approved the 4th filing of Sunny Meadows Addition, which would bring two major streets on Davis adjoining Randy Stewart's. Mr. Barnett stated there were already a number of accidents at this location. There being no one else wishing to speak, Mayor Faram closed the public hearing. January 23, 1984 Page 3 8. Mayor Faram advised the Council that the Planning and Zoning Commission had recommended approval of the request, however, there was a legal petition against the request and would require a 3/4 majority vote of the total Council. Councilman Hubbard moved, seconded by Councilman Davis, to approve PZ 83-68, Ordinance No. 1085, permit to be in the name of Randy and Vickie Stewart and non-transferable. Councilman Hubbard stated he had heard the words signs, traffic, litter and previous danger and those problems seem to presently exist at the location. Councilman Hubbard stated that it had been stated that numerous location other than this location sold beer. Councilman Hubbard stated that he certainly intended to be as fair as possible to everyone in the City. Councilman Hubbard stated that the request before the Council had met all the legal requirements for Specific Use for selling of alcoholic beverages and he saw no reason to spend all the citizens or taxpayers money in court to contest a suit, if brought by the applicant, that the City could not win. Councilman Hubbard stated he had, over a period of time, seen numerous suits where the applicant's were legally entitled to sell alcoholic beverages, the City refused the permit, and the applicant won the suit. Therefore he made the motion to approve in trying to save tax money, because the City had not been able to win a suit in the past. Motion carried 7-0. Mayor Faram advised the Council that two items, by emergency, had been added to the Agenda. Resolution of Glenview Drive would be item #16. *9. *10. January 23, 1984 Page 4 CONSIDERATION OF ORD INANCE FOR PZ 83-68 ORDINANCE NO. 1085 APPROVED CONSIDERATION OF RESOLUTION CASTING A JOINT BALLOT FOR TML BOARD OF TRUSTEES ELECTION APPROVED CONSIDERATION OF ACCEPTING BID FOR 7,050 TONS OF FLEX BASE AND 250 TONS AGGREGATE APPROVED January 23, 1984 Page 5 *11. CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #9, FINAL, TO STOLARUK CORPORATION IN THE AMOUNT OF $16,140.91 - NORTH HILLS STREET AND DRAINAGE IMPROVEMENTS APPROVED *12. CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #10, FINAL, TO STOLARUK CORPORATION IN THE AMOUNT OF $28,173.14 - HOLIDAY NORTH STREET AND DRAINAGE IMPROVEMENTS APPROVED *13. CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #2, TO M&D CONSTRUCTION COMPANY, INCORPORATED IN THE AMOUNT OF $26,125.20 - MORGAN MEADOWS WEST, DRAINAGE IMPROVEMENTS APPROVED *14. CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE Illl, TO AUSTIN ROAD COMPANY IN THE AMOUNT OF $17,136.78 - SNOW HEIGHTS STREET AND DRAINAGE IMPROVEMENTS APPROVED *15. CONS ID ERAT ION OF PARTIAL PAYMENT, ESTIMATE 117, TO AUSTIN ROAD COMPANY IN THE AMOUNT OF $90,248.43 - RUFE SNOW DRIVE, PHASE II APPROVED 16. Mr. McEntire stated there had been two changes in the resolution: Section 4, second line, the word acquiring added before needed easements. Section 6, changed to read: this resolution super cedes any prior agreements and is void after three years from this date unless all right-of-way has been purchased and construction has begun. Mayor Pro Tem Ramsey stated he would like to thank Mayor Faram for his time and efforts put forth on the project. Mayor Pro Tem Ramsey stated that for the benefit of everyone that was not aware of what had been going on, North Richland Hills had a contract that was signed by a past Mayor of the City with the Mayor of Richland Hills, that basically stated that on the Glenview project there would be a 70-30 split. The City of North Richland Hills paying 70% and Richland Hills paying 30%. Mayor Pro Tem Ramsey stated that the portion of Glenview Drive the contract pertained to was situated in the city limits of Richland Hills. Mayor Pro Tem Ramsey stated the contract had not set well with this Council because they did not feel North Richland Hills should be building streets in other cities. Mayor Pro Tem Ramsey stated the City of North Richland Hills passed a Resolution and set it to Richland Hills stating that even though North Richland Hills was not in agreement with the 70%-30%, the city would go 50%-50%. Mayor Pro Tem Ramsey stated the City of Richland Hills turned the Resolution down and since that time Mayor Faram and several of the Staff members had been working vigorously not to lose the State funding that was available for developing Glenview Drive. Mayor Pro Tem Ramsey stated the resolution being considered tonight in effect, will have North Richland Hills paying 70% of the drainage but beyond that each city will care for its own cost. Mayor Pro Tem Ramsey stated that because Richland Hills apparently did not have all the funding they needed to enter into this project, the business community had come up with $21,866 which they have provided to North Richland Hills to help Richland Hills incur their cost. Mayor Pro Tem Ramsey stated he thought the reason this project was progressing was because of the Mayor of North Richland Hills. Mayor Pro Tem Ramsey stated that some of the Council members still believed that this was not a good agreement for the citizens of North Richland Hills and some of the members, like himself, believe that a citizen could come forward and stop the whole project as North Richland Hills was spending money in the City of Richland Hills. Mayor Pro Tem Ramsey stated he would like to again thank the Mayor and Staff for all the time and efforts that had January 23, 1984 Page 6 GLENVIEW DRIVE RESOLUTION NO. 84-4 APPROVED been put into the project, and again, North Richland Hills had no assurance that the City of Richland Hills would accept the Resolution before the Council tonight. Mayor Pro Tem Ramsey stated he felt Richland Hills had misjudged the cost of acquiring the right-of-way and that was one reason North Richland Hills had a date tied to the Resolution, if passed, that would become null and void three years from today's date, which would clear up some of the things North Richland Hills inherited because of the past contract. Councilman Kenna stated he shared Mayor Pro Tem Ramsey's thoughts on not being sure that the contract before the Council was totally in the best interest of North Richland Hills, but when you look at the alternatives of losing all of the State funding and keeping Glenview Drive a two-lane road that was very difficult to go down, even though it is not part of North Richland Hills, as far as real estate, it was highly traveled by North Richland Hills citizens and would provide rear access to North Hills Mall, which was in the process of some expansion. Councilman Kenna stated that he felt that if the resolution was approved and successful with Richland Hills accepting it, there would be a thoroughfare instead of a small road and the additional cost would end up benefiting North Richland Hills citizens. Mayor Faram stated Mayor Pro Tem Ramsey had been very gracious in giving credit for the progress made, but he had made no mention at all that he had spent five or six evenings in debates in trying to reach a solution to this matter. Mayor Faram stated that on behalf of the Council he would like to express his appreciation to Mayor Pro Tem Ramsey. Motion to approve carried 7-0. 16a. Mr. McEntire stated the City had previously made an offer to Mr. Louis Engler on 28.8 acres of land for the purpose of constructing a drainage project, a City complex for the purpose of providing fire-fighting services, public utility services and public street services. Mr. McEntire stated Mr. Engler turned the offer down at that time, and in the mean time Mr. Engler had passed away and the property was put into an estate. Mr. McEntire stated this resolution authorized him to proceed with eminent domain proceedings. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve Resolution 84-5. Councilman Fisher asked why the property had to be condemned. January 23, 1984 Page 7 RESOLUTION ON EMINENT DOMAIN RESOLUTION NO. 84-5 APPROVED Mr. McEntire stated that Mr. Engler would not sell the property because he would have to pay a capital gain tax on it. Mr. McEntire stated that Mr. Engler was terminally ill at the time the City made the offer and the Engler heirs thought that if the property went into an estate they would not have to pay any capital gain, so they would not sell the property. Motion carried 7-0. 17. None 18. Mayor Faram adjourned the meeting of January 23, 1983. Ma~~ ATTEST: ~/Æ/~~ Ci Secretary January 23, 1984 Page 8 CITIZEN PRESENTATION ADJOURNMENT