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: