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HomeMy WebLinkAboutCC 1982-03-11 Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, MARCH 11, 1982 7:30 P.M. 1. Mayor Faram called the meeting to order March 11, 1982, at 7:30 p.m. 2. Present: Dick Faram Jim Kenna J. C. Hubbard Wiley Thomas Jim Ramsey Sharyl Groves Staff: Rodger N. Line Jeanette Moore Dennis Horvath Richard Albin Absent: Dave Freeman Rex McEntire 3. The invocation was given by Councilman Thomas. CALL TO ORDER t~ayor ROLL CALL Councilmen Councilwoman City t1anager City Secretary Assistant City Manager City Engineer Councilman City Attorney 4. Councilman Kenna moved, seconded by Councilwoman Groves, to approve the minutes of the regular meeting of February 8, 1982. Motion carried 5-0. I NVOCA TI ON APPROVAL OF MINUTES OF THE REGULAR t1EETI NG OF FEBRUARY 8, 1982 APPROVED 5. Councilman Hubbard moved, seconded by Councilman Kenna, to approve the minutes of the emergency meeting of February 19, 1982. Motion carried 5-0. APPROVAL OF MINUTES OF THE EMERGENCY MEETING FEBRUARY 19, 1982 APPROVED 6. Mayor Faram advised the Council the Planning and Zoning Commission recommended approval of this request. Councilman Kenna moved, seconded by Councilman Ramsey to approve PS 82-1. Motion carried 5-0. PLANNING & ZONING PS 82-1, CONSIDERATION OF REQUEST OF NANCE HODGE FOR REPLAT OF LOT llR, BLOCK 1, CRESTWOOD ESTATES APPROVED 7. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval of this request subject to the Engineers' comments; all comments had been met and they agreed to pay pro rata for the storm sewer in Lewis Drive. PLANNING & ZONING PS 82-4, CONSIDERATION OF REQUEST OF DYNA-CO DEVELOPMENT COt1PANY FOR FINAL PLAT OF LOT 1, BLOCK 6, SNOW HEIGHTS NORTH ADDITION APPROVED Councilman Ramsey moved, seconded by Councilman Thomas, to approve PS 82-4, subject to the Engineer's comments. t1arch 11, 1982 Page 2 Motion carried 5-0. 8. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. t·1arion t1assey, Attorney, representing Chili IS Incorporated, appeared before the Council. PLANNING & ZONING PUBLIC HEARING PZ 81-43, REQUEST OF CHILI IS INCORPORATED TO REZONE TRACT llA2, ABSTRACT 1606, W.W. WALLACE SURVEY FRm~ COMMERCIAL TO COMMERCIAL SPECIFIC USE-SALE OF ALCOHOLIC BEVERAGE Mr. Massey stated this property was where the old sub-courthouse was located. The owners, upon approval of the Council, plan to build a restaurant and wanted to sell alcoholic beverages. Mayor Faram stated that in the past when a Specific Use permit was granted a name of an individual was attached to the permit. Mayor Faram asked Mr. Massey if there would be any objection to this. Mr. Massey stated there were no objections and the name to be used would be Mr. Robert Uhler. 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. 9. Councilman Hubbard moved, seconded by Councilman Kenna, to approve PZ 81-43, Ordinance No. 938, permit to be issued in the name of Mr. Robert Uhler. CONSIDERATION OF ORDINANCE FOR PZ 81-43 APPROVED ORDINANCE NO. 938 Motion carried 5-0. 10. Mayor Faram advised the Council the Commission had recommended approval subject to the Engineer's comments. met and they agreed to pay pro rata on Lot 4. Planning and Zoning of this request All comments had been for the sewer line PLANNING & ZONING PS 81-71, CONSIDERATION OF REQUEST OF BRYAN ANDERSON & CHILI IS FOR FINAL PLAT OF LOT 4, BLOCK 2, COCHRAN ADDITION APPROVED Councilman Ramsey moved, seconded by Councilwoman Groves, to approve PS 81-71. Motion carried 5-0. 11. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. PLANNING & ZONING PUBLIC HEARING PZ 81-44, REQUEST OF CLAUDE BYRD TO REZONE LOT 6, BLOCK 23, CLEARVIEW ADD IT ION FROt1 1 F-9-0NE FAt.1IL Y DWELLING TO COMMERCIAL SPECIFIC USE-PARKING LOT Mrs. DeWanna Byrd appeared before the Council. Mrs. Byrd stated they wanted to use this lot to park customers cars on. Mrs. Byrd asked that the Council approve this request. t1a rch 11, 1982 Page 3 There being no one else wishing to speak, Mayor Faram closed the public hearing. 12. Councilman Thomas moved, seconded by Councilman Kenna, to approve PZ 81-44, Ordinance No. 939. Councilwoman Groves read the following letter addressed to the Mayor and Council: CONSIDERATION OF ORDINANCE FOR PZ 81-44 APPROVED IIThank you so much for what you have done for me in regards to the zoning on Maplewood. You have helped us with our problems in the past and also our present problems. I am hoping the zoning will remain as it is now.1I Councilwoman Groves stated this reflected there was some opposition. Councilwoman Groves stated that in the Planning and Zoning notes to the Council, there were 14 property owners contacted but no one was present at the meeting to contest it. Councilwoman Groves stated that for the record, there was mail received on the request. Councilman Hubbard stated he had visited the site and felt that when the lot was paved there would be drainage problems. Councilman Hubbard moved to table this item. Motion died for the lack of a second. Councilman Kenna asked if the lot would be used as a car rental lot. Mr. Claude Byrd appeared before the Council and advised that the lot would be strickly used for parking customers' cars. Mr. Byrd stated the lot to be used for the rental cars was the lot next to Grapevine Highway. Motion to approve carried 3-2; Councilmen Ramsey, Thomas and Kenna voting for; Councilwoman Groves and Councilman Hubbard voting against. 13. Mr. Leslie Isbell, President, Risky's Bar B Q, appeared before the Council. Mr. Isbell stated he was asking for a variance from the brick ordinance, which had been granted to the previous owners before. Mr. Isbell stated the building was located on Grapevine Highway (old Chuck Wagon building). The present building is very shabby. Mr. Isbell stated he wanted to redo the building CONSIDERATION OF REQUEST OF t1R. LESLIE ISBELL FOR A VARIANCE FROt1 THE BRICK ORDINANCE APPROVED t~a rch 11, 1982 Page 4 Mr. Isbell showed the Council pictures of a building he presently owned and wanted to redo the building in question like. Councilman Kenna asked Mr. Isbell if he was going to use wood on the building. Mr. Isbell stated yes. Councilman Kenna asked if the wood would be treated with some type of fire restraint. Mr. Isbell replied yes. Mayor Faram asked Mr. Isbell if he was the original owner of the property. Mr. Isbell stated no, Mr. Richard Talforina was the owner. Mr. Isbell stated there would not be any cooking at the building. The food would be prepared some place else and kept in steam tables. Councilman Kenna moved, seconded by Councilman Ramsey, to approve Mr. Isbell's request for a variance. Motion carried 5-0. Mr. Isbell stated that Mr. Rice, Building Inspector, advised him he would need a vent-a-hood. Mr. Isbell stated they were not going to be cooking and would have only steam tables. Mr. Isbell asked the Council for a ruling on this. Mayor Faram advised Mr. Isbell that was a staff decision and not a Council decision. Mr. Line stated he was aware of the situation and it would be taken care of by the staff. 14. Mr. Joe Hipple, Vice President, Blackhawk Communications, appeared before the Council. Mr. Hipple stated he was requesting the Council to approve the transfer of Blackhawk to CBS Incorporated. Mr. Hipple stated the Blackhawk staff would remain the same and they would work with the City Attorney in preparing the ordinance for the change. Councilman Kenna asked Mr. Hipple if the rates in the present ordinance would remain the same. CONSIDERATION OF REQUEST OF BLACKHAWK CABLE CORPORATION FOR TRANSFER OF OWNERSHIP APPROVED Mr. Hipple stated the rates would stay the same, the only change would be the ownership. t~arch 11,1982 Page 5 Councilman Hubbard moved, seconded by Councilman Kenna, to approve the transfer to CBS Incorporated. Motion carried 5-0. 15. Councilman Hubbard moved, seconded by Councilman Thomas, to approve final payment to Sharrock Electric in the amount of $20,939.63. Motion carried 5-0. CONSIDERATION OF FINAL PAYMENT TO SHARROCK ELECTRIC FOR SIGNALIZATION WORK IN GRAPEVINE HIGHWAY & EDISON, GRAPEVINE HIGHWAY & HARWOOD, DAVIS & EMERALD HILLS, IN THE At~OUNT OF $20,939.63. APPROVED CONSIDERATION OF FINAL PAYMENT TO MERKLE CONSTRUCTION COMPANY FOR VALVE AND PIPE WORK AT CONN DRIVE BOOSTER PUMP STATION IN THE AMOUNT OF $7,946.00 APPROVED 16. Councilman Hubbard moved, seconded by Councilwoman Groves, to approve final payment to Merkle Construction for valve and pipe work at Conn Drive Booster Station in the amount of $7,946.00. Motion carried 5-0. 17. Councilman Kenna moved, seconded by Councilman Thomas, to approve partial payment to Austin Road Company for drainage project on Rufe Snow Drive in the amount of $79,584.26. Motion carried 5-0. CONSIDERATION OF PARTIAL PAYMENT TO AUSTIN ROAD COMPANY FOR DRAINAGE PROJECT ON RUFE SNOW IN THE AMOUNT OF $79,584.26 APPROVED 18. Councilman Kenna moved, seconded by Councilman Ramsey, to approve payment to J. D. Griffith for water extension project on Rufe Snow Drive in the amount of $25,603.05. Motion carried 5-0. CONSIDERATION OF PARTIAL PAYMENT AND FINAL TO J.D. GRIFFITH FOR WATER EXTENSION PROJECT ON RUFE SNOW DRIVE IN THE AMOUNT OF $25,603.05. APPROVED 19. Councilwoman Groves moved, seconded by Councilman Thomas, to approve payment to J. D. Griffith for Holiday West storm drainage project on Rufe Snow Drive in the amount of $3,405.33. Motion carried 5-0. CONSIDERATION OF PAYt~ENT TO J. D. GRI FFITH FOR HOLIDAY WEST STORM DRAINAGE PROJECT I N THE At10UNT OF $3,405.33. APPROVED t~a rch 11, 1982 Page 6 20. Councilman Ramsey moved, seconded by Councilman Hubbard, to approve payment to Auston Road Company for Booth Calloway improvements in the amount of $26,963.22. Motion carried 5-0. CONSIDERATION OF PARTIAL PAYMENT TO AUSTIN ROAD COMPANY FOR BOOTH CALLOWAY IMPROVEMENTS PROJECT IN THE AMOUNT OF $26,963.22 APPROVED 21. Councilman Hubbard moved, seconded by Councilman Kenna, to approve the bid of Trinity Equipment Company in the amount of $10,070.51. Councilman Kenna asked if this was a budgeted item. Mr. Horvath stated $10,000.00 from Revenue Sharing had been budgeted for the tractor. Councilwoman Groves asked what the tractor would be used for. CONSIDERATION OF BIDS FOR WHEEL TRACTOR - PUBLIC WORKS DEPARTMENT APPROVED Mr. Horvath stated that at the present time the city had only one mower for mowing right-of-way and one tractor could not keep up with the mowing. This tractor would be used for that also. Motion carried 5-0. 22. Mr. Horvath stated that when North Richland Hills Industrial Park was platted the city required the developers to reserve additional right-of-way for the possible alternate route of Rufe Snow. The developers reserved the right-of-way until all was resolved. The developers were asking that this right-of-way be abandoned so they could continue their development. CONSIDERATION OF ORDINANCE ON ABANDONt1ENT OF RIGHT-OF-WAY FOR RUFE SNOW DRIVE APPROVED ORDINANCE NO. 940 Councilman Ramsey moved, seconded by Councilwoman Groves, to approve Ordinance No. 940, abandoning the right-of-way on North Richland Hills Industrial Park plat. Motion carried 5-0. 23. Mayor Faram asked Councilman Ramsey and Councilman Thomas to check the ballots. Councilman Ramsey advised that the ballots were in order. CONSIDERATION OF RESOLUTION CERTIFYING BALLOTS FOR ABSENTEE VOTI NG FOR TH E APRIL 3,1982, ELECTION APPROVED RESOLUTION NO. 82-8 Councilman Kenna moved, seconded by Councilwoman Groves, to approve Resolution No. 82-8. Motion carried 5-0. 24. Mr. George Thompson, Attorney, Fort Worth, appeared the Council. Mr. Thompson stated he had been retained by a group of citizens. The citizens had asked him to come before the Council and to also follow up on the lawsuit between the city and Walker Construction Company. Mr. Thompson made the following presentation: IIAll the people I represent are in close proximity to Walker Construction Company. Our investigation leads us to believe that Walker Construction Company is in a Commercially zoned area. Walker Construction Company, a few years ago, built a new commercial building and recently have increased their building activity. They have put up four monorails and a fence which, in some places, is twenty feet high. They have drilled pier holes, which indicates they are getting ready to put up another building. The type of work they are doing there at the present time is assembly work. We feel like this type of work is strictly industrial; there is nothing commercial about it whatsoever. There are eighteen wheel trucks coming in there everyday delivering steel. The trucks are tearing up the street which has not been repaired and is rough, dusty and a traffic hazard. I understand from my investigation that this fence is on the city right-of-way. The City of North Richland Hills issued something like 40 tickets to restrain them from putting up this fence and we further understand that all these tickets have been dismissed without a hearing. The citizens pointed this all out to me. All of this building has been going on in the city without any kind of building permit, no supervision, or approvals on what they are doing. The complaints are now that they have a loud speaker over there you can hear for about two blocks away. They spray paint over there and rivet the steel bars together. You cannot even hear yourself think within close proximity of the building. The City did take action. The City Attorney did file an injunction for two different things; to make them cease and desist from building the fence and to make them cease and desist any industrial work. On all injunctions normally, this is an immediate thing. This was filed on January 22, 1982, and the Judge set if for a hearing February 1, 1982. The people appeared, but there was no public hearing. There was an agreement, presumably between the City Attorney and the Attorney for Walker Construction Company that there would be an injunction and I have the document signed by the Judge. The attorneys were March 11, 1982 page 7 CITIZEN PRESENTATION 1. George Thompson RE: ~~ALKER CONSTRUCTION CO. suppose to prepare the injunction and present it to the Court for signatures where it could be enforced. I checked, as of 12:00 Nonn :odRY, ~nd there has never been an injunction prepared. We do not know what the injunction was, and construction is still going on. The citizens feel like the city should pursue this lawsuit, be specific on what was agreed upon in the injunction. My people feel like you should protect them. The only thing we are asking is that you please put pressure on the City Attorney to do something. II Mayor Faram stated the Council had heard all of this at the last Council meeting. Mayor Faram read the following letter he received from City Attorney McEntire: IIDue to a conflict in my schedule, I will not be able to attend the special meeting on March 11, 1982. The case against Walker Construction will be eligible for setting next month. I will set it on all issues plead. II Rex McEntire City Attorney Mayor Faram asked Mr. Thompson if this answered his question. Mr. Thompson stated yes. 2. Mr. Mack Garvin appeared before the Council. Mr. Garvin stated he was called by t1r. Klappholz last night and told his name was on the agenda and he was going to let him have the floor first. Mr. Garvin stated that when Mr. Klappholz finished if there was anything he wanted to say he would do it then. Mr. Garvin stated this presentation was over the drainage problems and the city was doing something in his area at the present time. Mr. Bill Klappholz, 7552 Fieldstone Drive, appeared before the Council. Mr. Klappholz stated this was a little out of sequence. They had planned on someone with a little more expertize pertaining to the FIA question and an article that appeared in the Star Telegram on February 17, 1982. Mr. Klappholz stated since he was not an engineer he would just like to basically ask the Council a couple of questions. Mr. Klappholz stated the city was a member of the FIA and must have a flood drainage program and the ordinance required a proper study. A permit must be granted by the Public Works Director in a designated flood plain area. Mr. Klappholz asked if this was true. Mr. Albin stated yes. The City had a Flood Damage Prevention Ordinance, which was Ordinance No. 807 that was passed March 10, 1980 and had been enforced since that time. March 11, 1982 Page 8 CITIZEN PRESENTATION 2. MACK GARVIN BILL KLAPPHOLZ BILL MAYFIELD RE: DRAINAGE PROBLEMS The ordinance did control development in the flood plain area of the city. Mr. Klappholz stated he believed the purpose of the FIA and the cityls membership in it was to get away from individual land developers jusk looking at their own parcel of land and developing within the limits of their property lines; channeling their own area and not worring about what was happening downstream. Mr. Klappholz stated he would like to say that if this was a true statement, then why wasnlt the ordinance adhered to when the City Council approved the channeling of Calloway Branch for an apartment complex that was platted just off Holiday Lane. The plat was eventually approved, and the developers were going to channelize from property line to property line. Mayor Faram stated that it was his understanding that nothing could be built on the property until it was raised out of the flood plain. Mayor Faram stated he also understood that anyone who built on the property had to take the drainage to a recognized drainage channel. Mr. Albin stated that was correct. Mayor Faram asked how far behind the property line would one be required to improve the drainage channel. Mr. Albin stated the Sub-division Ordinance required the developer of any particular piece of property must provide a minimum of a 10 year capacity downstream receiving water off the development. The developers of the property in question demonstrated that the channel downstream from the development was able to handle a 10 year discharge. Mr. Klappholz asked what the rainfall for October 1981, was rated. Mr. Albin stated the Flood Insurance Study that the city had at the present time was developed in the early 1970ls based on conditions that existed at that time. Since that time the watersheds had been developed to a greater extent and therefore there was more run-off than at the time the study was made. Also the study was made by two different agencies; one by the Corp of Engineers and one by the Soil Conservation Service. SCS did the one on Calloway Branch and Walker Branch. The Corp of Engineers did the one on Big Fossil and Little Bear Creek. There were some difference in the methods used to analyze the methods in the 100 year flood plain by the Corp and FCS. Mr. Albin stated that basically he felt evidence was shown that the discharge that was determined what the revised 100 year flood plain would be based on present conditions and also total urbanization of the Calloway and Walker Branch sheds. t~arch 11, 1982 Page 9 Mrs. Myrtis Byrd, 8212 Little Dude Court, appeared before the Council. Mrs. Byrd stated she had the same drainage problem in her area. Mrs. Byrd stated she would like to see the city do something on the drainage problems that existed in the city. Mayor Faram stated that after listening to all this, you would get the idea that there had not been any planning going on. Mayor Faram stated that the city voted the authorization of the sale of 8 million dollars worth of bonds. It was put before the voters that the first four million dollars would be put to the priority of developing Rufe Snow Drive. That was all the ability the city had to sell without raising taxes and the voters was told that taxes would not be raised. Mayor Faram stated the reason the city went with the 4 million on Rufe Snow was because the city felt that they were using one-half of what had been set aside in the 1968-71 Bond Issue. The city was able to retire that on $0.20 instead of $0.40, so they felt they could do with another 4 million without raising the taxes. Mayor Faram stated the city felt they could take care of all the street and drainage problems when they had the ability on the tax base to sell additional bonds. Councilman Kenna stated that in precouncil tonight, a briefing was given the Council on the new land use plan which was part of the Master Plan. Councilman Kenna stated this plan had been worked on for about a year and half. Councilman Kenna stated he felt the plan would be finalized in the next couple of months and would address all the problems of growth including drainage, water, thoroughfares and land use. Councilman Kenna stated that plan alang with the flood plan and drainage plan would get the city on the road to recovery. Mrs. Byrd asked if it would be possible to mail the citizens a copy of the Master Plan. Mayor Faram stated it would be very expensive to mail out. There would be public hearings and notices on when the plan would be adopted. Councilwoman Groves stated that during the beginning of the Master Plan, Phase I, several neighborhood meetings were held and the attendance was very low. March 11,1982 Page 10 Mr. Jim Anderson, Chief of Capital Activity Products, Public Works Department, City of Fort Worth, appeared before the Council. Mr. Anderson stated he was very familiar with the Flood Prevention Ordinance since he drafted it. Mr. Anderson stated he had known for sometime that the FIA maps that the city operated under, were in a word, shaky. Mr. Anderson stated there had been a lot of development in the flood plains since the maps were formulated. Mr. Anderson suggested that at this moment, no one knew where the 100 year water surface profile was on Calloway and Walker Branch. It would not be known until the Corp of Engineers redid the study. Mr. Anderson stated everyone was glad to see the dump ground on Holiday Lane cleared up, but they took all the material and pushed it over into the flood plain and that was against the ordinance. Mr. W. R. Mayfield appeared before the Council. Mr. Mayfield stated he was representing the Snow Heights Homeowners Association. Mr. Mayfield stated they asked the Council to have a re-study made on Calloway Branch within the city limits of North Richland Hills and put a moratorium on additional development in the area until the study was completed and published. Mr. Nelson Stoppiello, 7400 Jade Circle, appeared before the Council. Mr. Stoppiello stated that according to Mr. Andersonls remarks, his house was soon to be underwater. Mr. Stoppiello stated he had a fear of his home being under water and if a tax increase was necessary he was willing to pay. A tax increase would be cheap compared to a flood. Mr. Stoppiello stated he asked for some real leadership and for prompt attention to the drainage problems. Mr. Jim Brock, Chamber of Commerce, appeared before the Council. Mr. Brock invited the Councilmembers to visit the Chamberls new site at Highway 377 and Loop 820. March 11, 1982 Page 11 March 11, 1982 Page 12 25. Mayor Faram adjourned the meeting of March 11, 1982. ADJOURNMENT ~...~ Dlék aram, Mayor ATTEST: