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HomeMy WebLinkAboutCC 1982-05-24 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, ~1A Y 24, 1982 - 7: 30 P. ~1. 1. t'1ayor Faram called the meeting to order t1ay 24,1982, at 7:30 p.m. 2. Present: Dick Faram Harold Newman Jim Ramsey Dick Fisher Richard Davis Jim Kenna ~'1ari e Hi nkl e Staff: Rodger N. Line Jeanette ~,1oore Rex McEntire Dennis Horvath Richard Albin Jerry ~1cGl asson Lou Spiegel Carl Greenfield ~1argi e Nash Don Bowen Douglas Davis Absent: J. C. Hubbard 3. The invocation was given by Councilman Jim Kenna. CALL TO ORDER ~,1ayor ROLL CALL Councilmen Councilwoman Ci ty ~1anager City Secretary City Attorney Asst. City Manager City Engi neer Police Chief Director Finance Planning & Zoning t1ember Planning & Zoning Member Planning & Zoning Member Park & Recreation Member Councilman INVOCATION APPROVAL OF MINUTES OF THE REGULAR t1EETING ~1AY 10,1982 APPROVED CONSIDERATION OF APPOINH1ENTS TO BOARDS AND COt1MISSIOtJS 4. Councilwoman Hinkle moved, seconded by Councilman Kenna, to approve the minutes of the regular meeting of May 10, 1982. Motion carried 6-0. 5. Mayor Faram advised the Council they had a recommendation from Councilman Hubbard on appointments to the Park and Recreation Commission. Mayor Faram stated this was a Mayor's appointment and he would follow Councilman Hubbard1s recommendation to appoint the following: ~1r. Bill Burk, ~1r. Don Tipps, ~1r. Neal McCombs, t1r. David ~1cGilvary and Mr. J. Douglas Davis. Mayor Faram asked the Council to ratify the appointments. Councilman Ramsey moved, seconded by Councilman Davis, to approve the appointments to the Park and Recreation Commission. Motion carried 6-0. 6. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Charles Reynolds, owner of the shopping center, appeared before the Council. Mr. Reynolds stated he had many opportunities to put in restaurants in this particular shopping center but had never found one that would be an asset like the one in question tonight. Mr. Reynolds stated this would be a very nice sit-down Chinese restaurant. t1r. Reynolds stated this would be a dinner type restaurant and they would like to sell mixed beverages. Mayor Faram asked Mr. Reynolds if he was the owner of the property and if he was requesting this on behalf of Mr. Stephen Lee. Mr. Reynolds replied yes. Mayor Faram asked Mr. Reynolds if he was familiar with the fact the permit was not given to the property, it would have to be in an individual IS name. ~1r. Reynolds stated he was aware the permit was not issued to the property. Mayor Faram asked Mr. Reynolds if his clients would be willing to agree to periodic audits of their books on the 60/40 ratio that the City Ordinance required. Mr. Reynolds stated an audit would be no problem, his client would agree. Councilwoman Hinkle asked if Mr. Lee owned other restaurants. Mr. Reynolds stated yes, they had three in the Dallas area. Councilwoman Hinkle asked if there was one located in the City of Fort Worth. t1r. Reyno 1 ds s ta ted no. Councilman Kenna asked Mr. Reynolds if the parking provisions had been adequately checked. Councilman Kenna asked if there had been parking problems in that particular area in the past. t1r. Reynolds stated the parking would be adequate. Councilman Fisher asked if the parking would be in front of the restaurant and would there be enough spaces. May 24, 1982 Page 2 PLANNING & ZONING - PUBLIC HEARING PZ 82-9, REQUEST OF STEPHEN LEE (JADE INN RESTAURANT) TO REZONE A PORTION OF LOT 1, BLOCK 1, COCHRAN ADDITION FROM COMMERCIAL TO COMMERCIAL-SPECIFIC USE-SALE OF ALCOHOLIC BEVERAGES (BEDFORD-EULESS RD.) f'1ay 24, 1982 Page 3 ~1r. Reynolds stated this would be the only restaurant in the shopping center and there were no other businesses in the center open at night. Mr. Reynolds stated this restaurant would have full use of the parking lot. Mayor Faram asked Mr. Reynolds if he had leased the parking lot to a competitive restaurant. Mr. Reynolds stated that when Bennigan's first opened there was a basic agreement with them. Mr. Reynolds stated Benniganls business had declined and he felt there would be adequate parking. Mayor Faram asked if the parking agreement was still in effect. Mr. Reynolds stated yes. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 7. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve PZ 82-9, Ordinance No. 952, permit to be in the name of Stephen Lee and non-transferable. Motion carried 6-0. CONSIDERATION OF ORDINANCE FOR PZ 82-9 APPROVED ORDINANCE NO. 952 8. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Amon T. Adcock, 1701 West Freeway, Fort Worth, Trustee for the land, appeared before the Council. t1r. Adcock at the time the property was granted the IF-9-1500 zoning, a preliminary plat was submitted and later a final plat to develop the property into single family lots. Mr. Adcock stated that due to economical conditions and based on a study by the engineer's, both for the city and a third party engineer, it was determined at that time there would be an extensive amount of drainage work. Mr. Adcock stated that at that time it was decided it was no longer economically feasible to develop the tract into single family and that was the reason for the request for the property to be zoned back to agriculture. PLANNING & ZONING PUBLIC HEARING - PZ 82-10, REQUEST OF AMON T. ADCOCK TO REZONE TRACT 8, ABSTRACT 321, t·JM. COX SURVEY FROt1 IF-9-1500-0NE FAMILY Dt~ELLING TO AGRICULTURE May 24, 1982 Page 4 Councilman Kenna asked if there had been a road started in the center of the property. Mr. Adcock stated the road had been roughed-in. Councilman Kenna asked if the road would be continued if the zoning was approved. Mr. Adcock stated the completion of the street would be determined by the feasibility and study of the property. Mr. Adcock stated he could not say the street would be completed. Councilman Davis stated it was his understanding that Mr. Adcock wanted to split the property into four tracts. Mr. Adcock stated that had been a consideration, but did not wish to be tied to four tracts. Councilman Davis stated the Subdivision Ordinance required that if the property was agriculture the tracts would have to be five acres. Mr. Adcock stated he was aware of the requirement. Councilman Davis stated that according to the ordinance Mr. Adcock could only put two houses on the property. Councilman Davis asked Mr. Adcock if he was going to build the street through the property. ~1r. Adcock s ta ted that determi na t i on had not been made. Councilman Davis asked if water was available to the property. Mr. Adcock stated yes. Councilman Davis asked if sewer was available. ~k. Adcock stated the tract would be served by septic tanks. Councilman Davis asked t1r. Adcock what the advantage would be if the property was zoned back to agriculture. Mr. Adcock stated there was a possibility of developing into five acre tracts and this could be done without a major expense on the drainage problem. Councilman Kenna stated two large houses could be built on the tract as the zoning stood now with a re-plat only. Mr. Albin stated if the zoning were not changed, Mr. Adcock would still have to comply with all the specifics, such as drainage, off-site sewer and water line extensions. Mayor Faram asked if Starnes Road was improved in the future, if Mr. Adcock would have to participate in the costs of the improvements. Mr. Albin stated yes, Mr. Adcock would have to participate in accordance with the original plat that was approved by the Council. Mayor Faram asked Mr. Albin if he was refering to the IF-9 zoning. Mr. Albin stated yes, if the property was zoned back to agriculture Mr. Adcock would not be required to submit a plat. Mayor Faram stated this was the first time he had seen property downgraded to agriculture. Agriculture was just a holding zone. Mayor Faram asked if Starnes Road was improved, would there be an assessment program. Mr. McEntire stated the city could assess. Mayor Faram called for anyone wishing to speak in opposition to this request. There being no one else wishing to speak, Mayor Faram closed the public hearing. 9. Councilman Kenna moved, seconded by Councilman Davis, to approve PZ 82-10, Ordinance No. 953. Councilman Kenna stated that not too long ago an individual wanted to develop to the south of this property and an investigation showed that most of the property was what caused the trouble in the Morgan Meadows area. Councilman Kenna stated he felt that two houses on the property would benefit the situation compared to IF-9. Motion to approve carried 6-0. 10. Councilman Ramsey moved, seconded by Councilman Fisher, to approve Resolution No. 82-16. Motion carried 6-0. 11. Councilman Ramsey moved, seconded by Councilwoman Hinkle, to approve partial payment, Estimate #1, in the amount of $29,975.53 to R. E. Dow and Son, funds to be appropriated from Utility Surplus. Motion carried 6-0. t1ay 24, 1982 Page 5 CONSIDERATION OF ORDINANCE FOR PZ 82-10 APPROVED ORDINANCE NO. 953 CONSIDERATION OF RESOLUTION SUSPENDING TEXAS ELECTRIC SERVICE COMPANY'S RATE INCREASE REQUEST APPROVED RESOLUTION NO. 82-16 CONSIDERATION OF PARTIAL PAYMENT, ESTIt~ATE #1, TO R.E. DOW AND SON IN THE At10UNT OF $29,975.53 - CONN STREET GROUND STORAGE TANK APPROVED May 24, 1982 Page 6 12. Councilman Ramsey moved, seconded by Councilman Kenna, to approve Estimate #10 and final to Austin Road Company in the amount of $57,725.80, funds to be appropriated from 1968/73 Bonds. Motion carried 6-0. CONSIDERATION OF ESTIMATE #10 AND FINAL PAYMENT TO AUSTIN ROAD COMPANY IN THE AMOUNT OF $57,725.80 - BOOTH CALLOWAY ROAD IMPROVEMENT PROJECT APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #3, TO J. D. GRIFFITH IN THE AMOUNT OF $10,800.00 HOLIDAY WEST STORM DRAINAGE SYSTEM APPROVED 13. Councilman Newman moved, seconded by Councilman Fisher, to approve partial payment, Estimate #3, to J. D. Griffith in the amount of $10,800.00, funds to be appropriated from Rufe Snow Bonds. Motion carried 6-0. Councilman Davis asked why there was a cost overrun in this estimate. Mr. Albin stated that the original design called for seven foot manholes, the contract had 6 x 6 included. The overrun was the addition of the manhole size. 14. Councilwoman Hinkle moved, seconded by Councilman Newman, to approve payment to Texas Highway Department in the amount of $70,700.00 for Glenview Drive Storm Drainage Improvements, funds appropriated from General Fund Surplus. Councilman Davis stated there was a discrepancy in the amount listed on the cover sheet and the letter from the Highway Department. The amount stated in the letter was $70,070.000 CONSIDERATION OF PAYMENT TO TEXAS HIGHWAY DEPARTMENT IN THE AMOUNT OF $70,700.00 - GLENVIEW DRIVE STORM DRAINAGE IMPROVEMENTS APPROVED Mr. Line stated $70,070.00 was the correct amount. Motion carried 6-0. 15. Mr. Albin stated the basic problem on Dawn Drive was a depressed area just north of Onyx Drive North that was creating a drainage problem. Mr. Albin stated the homes in the area were subject to flooding. Mr. Albin stated there was no way to properly relieve the drainage in the depressed area so he had proposed underground storm sewer to be constructed in Onyx Drive North from a tributary of Big Fossil Creek to the depressed area to relieve the problem. Mr. Albin stated he had presented this as proposal A, at a cost of $218,000.00. Mr. Albin stated this proposal would not solve the entire problem, but would solve the major problem. CONSIDERATION OF APPROVAL TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF STORM DRAINAGE AND PAVING IMPROVEMENTS ON DAWN DRIVE APPROVED t1ay 24, 1982 Page 7 Proposal B would cover the cost of extending the proposed storm drain to Cartwell Street along with curb and gutter and paving construction on Dawn Drive to Cartwell also. The cost of Proposal B would be $380,000. Proposa 1 C woul d i ncl ude all of the constructi on in "A" and "B" plus an extension of curb and gutter and paving improvements in Dawn Drive to r,lenview Drive. The cost of Proposal C would be $444,000. Mr. Albin stated he recommended the Council grant authorization to complete details for all three proposals and advertise for bids. The bids would be brought back to the Council for consideration. Councilman Kenna moved, seconded by Councilman Davis, to authorize the City Engineer to proceed with the plans and advertise for bids for Proposal A, Band C, improvements on Dawn Drive. Mayor Faram stated this was an effort to seek a solution to the problem. Mayor Faram stated that when the engineering plans were complete, bids would be taken and with whatever monies were available as much as possible would be done. Motion to approve carried 6-0. 16. Mr. C. R. Fanning, 6308 Edenborough Court appeared before the Council. Mr. Fanning asked what kind of time schedule would be on the improvements on Dawn. CITIZEN PRESENTATION Mr. Albin stated the plans and specifications should be out in about two weeks, advertise for two weeks and in a month the contract could be awarded. Mr. Albin stated construction could begin in the next two months. 17. Mayor Faram adjourned the ADJOURNt,1ENT ATTEST: