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HomeMy WebLinkAboutCC 1982-07-26 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, JULY 26, 1982, 7:30 P.M. 1. Mayor Faram called the meeting to order July 23, 1982 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 Line Jeanette Moore Dennis Horvath Richard Albin Rex McEntire Gene Riddle Margie Nash PRESS: Denise Morris CALL TO ORDER Mayor Mayor Pro Tern Councilmen Councilwoman City Manager City Secretary Assistant City Manager City Engineer City Attorney Director Public Works/Utilities Planning/Zoning Member Mid Cities Daily News Mayor Faram recognized the Mayor Pro Tern of Hurst, Mrs. Lorraine Tatarevich and Councilwoman Betty Stimmel. 3. The invocation was given by Councilman Hubbard. INVOCATION 4. Councilman Ramsey moved, seconded by Councilman Davis, to approve the minutes of the regular meeting of July 12, 1982. APPROVAL OF MINUTES' OF THE JULY 12, 1982 REGULAR COUN- CIL MEETING APPROVED Motion carried 5-0; Councilmen Newman and Kenna abstaining due to absence from the meeting. 5. Mayor Faram advised the Council that Mrs. Marjorie Isbell had been recommended to serve on the Cable Advisory Panel. APPOINTMENT TO CABLE ADVISORY PANEL APPROVED Councilman Kenna moved, seconded by Councilman Ramsey, to appoint Mrs. Marjorie Isbell to the Cable TV Advisory Panel. Motion carried 7-0. 6. Mayor Faram stated this was a Mayor's appointment and the recom- mendation of the Liaison for the Park and Recreation Commission he would appoint Mr. Jimmy Bowen. Councilman Hubbard moved, seconded by Councilwoman Hinkle, to approve the Mayor's appointment of Mr. Jimmy Bowen to the Park and Recreation Commission. Motion carried 7-0. 7. Mr. Line stated the Council had postponed this request at the July 12, 1982 Council meeting at the request of the staff. Mr. Line stated the staff wanted to check on the possibility of a flooding problem that might be connected with the development of this property. Mr. Line stated all had not been resolved but the recommendation was for approval. Councilman Kenna moved, seconded by Councilman Ramsey, to approve PS 82-16. Motion carried 7-0. 8. Mayor Faram opened the public hearing and called for anyone wish- ing to speak in favor of this request to please come forward. Mr. Steve Ginsburg, Attorney, 1940 Commerce Building, represent- ing Gulf Oil, appeared before the Council. Mr. Ginsburg stated the Planning and Zoning Commission at the June 24, 1982 meeting voted 5-0 to approve this request. Mr. Ginsburg stated Gulf had developed this property to sell gas and petroleum-related products. Mr. Ginsburg stated Gulf also had the public convenience in mind and tried to meet the demands. Mr. Ginsburg stated several of Gulf's outlets in the metroplex sold grocery-related products. Mr. Ginsburg stated one other convenience was marketed at locations where it was legal to do so and that was beer. Mr. Ginsburg stated if the Specific Use Permit was granted the store would stay com- petitive with other locations where a specific use permit had been granted. Mr. Ginsburg stated the site was well beyond the church and school footage cutoffs required by state law. Mr. Ginsburg stated he respectfully requested that the Council grant the zoning request. Mr. Ginsburg stated the Specific Use Permit would help them to use the land to fuller extent, be con- venient to the public, greater revenues to the store in both food and non-food products and help the taxing authorities. July 26, 1982 Page Two APPOINTMENT TO PARK AND RECREATION COMMISSION. APPROVED PLANNING & ZONING PS 82-16, REQUEST OF JOHN W. BARFIELD FOR REPLAT OF LOTS 48A, 48B, 52A AND 52B, BLOCK 2, STONEYBROOK ADDI- TION (EAST SIDE OF ELM COURT AND WEST OF DAVIS BOULEVARD) APPROVED PLANNING & ZONING PUBLIC HEARING - PZ 82-14, REQUEST OF GULF OIL CORPO- RATION, TO REZONE BLOCK 4, SNOW HEIGHTS NORTH ADDITION FROM LOCAL RETAIL TO LOCAL RETAIL-SPECIFIC USE - SALE OF BEER FOR OFF-PREMISE CONSUMPTION (NORTH- EAST CORNER OF RUFE SNOW AND LOOP 820) July 26, 1982 Page Three Mr. Ginsburg stated he submitted his name as the person who would be responsible for the license, if granted. Councilman Hubbard asked Mr. Ginsburg if the permit would be in his name. Mr. Ginsburg stated the license would be in the name of TMM, Inc. Councilman Hubbard stated the permit would have to be in an individ- ual's name. Mr. Ginsburg stated the permit would be in his name. Mayor Faram asked Mr. Ginsburg if he was an attorney only represent- ing Gulf. Mr. Ginsburg stated yes. Mayor Faram asked Mr. Ginsburg if there was an employee of the organiza- tion that could be responsible as opposed to having the attorney's name. Mr. Ginsburg stated the permit could be put in the name of Mike Sharp, Manager for Majik Market. Mr. Marty Cloin, Real Estate Director for Gulf, 424 Englewood Lane, Hurst, appeared before the Council. Mr. Cloin stated he was in favor of this request and hoped the Council would act favorable on it. Mr. Cloin stated that for the record he would like to read a letter from one of Gulf's neighbors to the north of the property in question. Mr. Cloin read the following letter: "June 23, 1982 City Council and Planning Commission Re: Application to Rezone Block 4, Snow Heights North Addition Dear Members: McDonald's is a neighbor to the applicant at this location, as well as several other locations throughout the Metroplex. We have found Gulf to be a very compatible neighbor and can report no disharmony resulting from their selling beer for any of their stores located near us. formation and advise you that we have of the subject application. off-premise consumption at We submit this for your in- no objection to the approval Yours very truly, Is/ James M. Caldwell Senior Real Estate Representative" 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. 9. Councilman Hubbard moved, seconded by Councilman Fisher, to approve PZ 82-16, Ordinance No. 964, permit to be in the name of Mike Sharp and non-transferable. Motion carried 7-0. 10. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Michael Jones, Teague, Nall and Perkins, Engineering Firm, Fort Worth, appeared before the Council representing Mr. Alley. Mr. Jones stated that at the time this request was heard by the Planning and Zoning Commission he was unaware of Mr. Alley's intention to build a restaurant at the site and the request at that time was for Specific Use-Commercial, Multiple Story Office Building. Mr. Jones stated they would like to include in their request specific use for a restaurant also. Mr. Jones stated the request now was for rezoning from Local Retail to Commercial with Specific Use for a multiple story office building and a restaurant. Mayor Faram asked when it was determined there was going to be a restaurant in the building. Mr. Jones stated the restaurant would be a separate building. Mayor Faram asked Mr. Jones if he was asking the Council for a zoning request that had never been considered by Planning and Zoning Commission. Mayor Faram stated that if this was the re- quest, then he would ask the Council to refer it back to the Planning and Zoning Commission. July 26, 1982 Page Four CONSIDERATION OF ORDINANCE FOR PZ 82-14 APPROVED PLANNING & ZONING PUBLIC HEARING PZ 82-15, REQUEST OF T. W. ALLEY, SR. TO REZONE LOT 2, BLOCK 4, UNIVERSITY PLAZA ADDITION FROM LOCAL RETAIL TO COMMERCIAL July 26, 1982 Page Five Mr. Jones stated the request was for commercial zoning. Mayor Faram advised Mr. Jones the request was being altered to add something that was not considered by the Planning and Zoning Com- mission. Mr. McEntire stated the request was not included in the publication. Councilman Kenna stated the Planning and Zoning Commission could only treat the request for commercial, all the discussion on the office building was superfluous at that level. Councilman Kenna stated it would be up to the Council to decide whether or not to put specific use on the request for the zoning. Mayor Faram stated his problem with the request was that the Council was about to consider something that was not considered by the chief recommending body, the Planning and Zoning Commission. Mayor Faram stated he did not like the precedent being set by altering the result coming before the Council. Mr. McEntire stated the citizens were entitled to know what was being considered tonight and it had never been published as a request for a restaurant. Councilman Davis stated he was under the impression that the only re- quest that came before the Planning and Zoning Commission was for the commercial zoning. Councilman Davis stated he had been present at the Planning and Zoning meeting when this request was heard and there was some question among the members if a restriction could be put on the request when the Council heard it. Councilman Davis stated if the request was referred back to the Planning and Zoning Commission, they could not put restrictions on it. Mayor Faram stated the Commission could forward to the Council a recom- mendation for restricted specific use. Mayor Faram stated that if the process was started of bringing up something different than what was being heard by the chief recommending body, then there would be a problem and there would be no need for a Planning and Zoning Commission. Mayor Faram stated he felt the Council should refer the request back to the Planning and zoning Commission and the applicant layout their full plans and the Commission make a full recommendation to the Council. Mayor Faram closed the public hearing. Councilman Hubbard moved, seconded by Councilman Newman, to refer PZ 82-15 back to the Planning and Zoning Commission. Councilman Ramsey asked if the problem was the fact that someone volunteered information on what the applicant could do with the commercial property and the notes stated what they planned to use the property for, was there a difficulty in giving the commercial zoning to the entire piece of property. Councilman Ramsey asked if the request was advertised that there was going to be a multiple story office building built. Mr. McEntire stated it was only advertised what zoning was being requested. Mr. McEntire stated normally if there was going to be some type of specific use it would be advertised as so. Councilman Ramsey stated the applicant was not asking for specific use, the Council was going to put the specific use on it tonight. Mayor Faram stated the point was that evidence presented to the Planning and Zoning Commission was for an office building and the request for a restaurant had not been considered. Mayor Faram stated he did not feel the Council would be right to consider anything in a planning and zoning scope that had not been con- sidered by the Planning and Zoning Commission. Councilman Davis asked if it was not correct that the applicant was not required to tell what was going to be built. Councilman Davis stated the applicant did offer the information that an office building was being planned for the property. Councilman Davis stated the Council could still consider if that was the best use for the property. Mayor Faram stated the fact was that the request for a restaurant had not been considered by the Planning and Zoning Commission. Mayor Faram stated it mayor may not have had some bearing on the Planning and Zoning Commission's recommendation if the entire re- quest had been put before the Commission. Mayor Faram stated he did not like to see amendments come before the Council that had not been considered by the Commission. Motion to refer back to Planning and Zoning Commission carried by a vote of 5-2; Councilmen Hubbard, Fisher, Davis and Newman and Council- woman Hinkle voting for; Councilmen Kenna and Ramsey voting against. 11. Councilman Hubbard moved, seconded by Councilman Davis, to post- pone action on this item until action was taken by the Planning and Zoning Commission. Motion carried 6-1; Councilmen Kenna, Hubbard, Davis, Newman, and Fisher and Councilwoman Hinkle voting for; Councilman Ramsey voting against. July 26, 1982 Page Six CONSIDERATION OF ORDINANCE FOR PZ 82-15 POSTPONED 12. Councilman Kenna moved, seconded by Councilman Ramsey, to approve Ordinance No. 965 establishing School Zone on Rufe Snow Drive. Motion carried 7-0. 13. Mr. Line stated that in 1968 the Council vacated Town and Country Estates Subdivision by metes and bounds. Mr. Line stated the plat was not vacated; therefore the streets were still dedicated streets. Mr. Line stated the property was being sold and the title company had requested that all streets be vacated as was the original intent in 1968. Councilman Hubbard moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 966. Motion carried 7-0. 14. Councilman Ramsey moved, seconded by Councilman Kenna, to post- pone action on this item for further review by the Council. Motion carried 7-0. 15. Councilman Ramsey moved, seconded by Councilman Davis, to approve the request for water service at 7140 Precinct Line Road. Motion carried 7-0. 16. Mr. Line stated the bids received for doing the complete job, Proposal C, was well within the Engineer's estimate. Mr. Line stated funds were available to complete the job. Mr. Line stated the Engineer and Staff recommended that Council proceed with Proposal C to construct the project in its entirety. Councilman Davis moved, seconded by Councilman Kenna, to approve Proposal C and award the contract to Austin Road Company in the amount of $392,913.93. Motion carried 7-0. 17. Councilman Hubbard moved, seconded by Councilman Fisher, to approve final payment to C. R. Feazell in the amount of $24,097.75, funds to be appropriated from General Fund Surplus. Motion carried 7-0. July 26, 1982 Page Seven CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 722 (SPEED ZONE ORDI- NANCE ESTABLISHING SCHOOL ZONE ON RUFE SNOW DRIVE APPROVED ORDINANCE NO. 965 CONSIDERATION OF ORDINANCE VACATING PLAT OF TOWN AND COUNTRY ESTATES SUBDIVISION APPROVED ORDINANCE NO. 966 CONSIDERATION OF EMPLOYEE OPTIONAL BENEFIT PLAN POSTPONED CONSIDERATION OF REQUEST FOR WATER SERVICE AT 7140 PRECINCT LINE ROAD, HURST, TEXAS APPROVED CONSIDERATION OF AWARDING CONTRACT FOR PAVING AND DRAINAGE ON ONYX DRIVE NORTH AND DAWN DRIVE APPROVED CONSIDERATION OF FINAL PAYMENT TO C. R. FEAZELL IN THE AMOUNT OF $24,097.75 - GLENVIEW DRIVE UTILITY ADJUSTMENTS APPROVED 18. Mrs. Claudine Williams, 5304 Susan Lee, appeared before the Council. Mrs. Williams stated that on March 27, 1982 her house was flooded with sewage. Mrs. Williams stated that Mr. Alvarez and his crew from the City's utility Department came out to her home. Mrs. Williams stated the sewer was unstopped at Lola and Susan Lee. Mrs. Williams stated that Mr. Alvarez stated the problem was the City's. Mrs. Williams stated the informa- tion was relayed to the City's insurance carrier and they de- clined the request to take care of the damages stating the City was not liable. Mrs. Williams stated she wrote Mr. Line a letter requesting the damages be paid and he advised her to write a letter to Council because he could not authorize the payment. Mrs. Williams stated she was unaware the request had been placed on a previous agenda. Mrs. Williams stated that at this time she was requesting that the Council reimburse her for the damages which amounted to $1,849.00. Mayor Faram asked Mrs. Williams if she had insurance on her home. Mrs. Williams replied yes. Mayor Faram asked if she had physical loss damage that would cover the damages. Mrs. Williams stated yes. Mayor Faram asked what the insurance would pay on the claim. Mrs. Williams stated it would pay $1,800. Mayor Faram asked Mrs. Williams if $1,849.00 was the amount she had spent on repairs. Mrs. Williams replied yes. Mrs. Williams stated she did not feel this was her insurance company's responsibility and that she should not be out the $100.00 deductible. Mayor Faram asked Mrs. Williams exactly what she wanted the City to pay. Mrs. Williams stated she wanted the City to pay the estimate of $1,849.00. Mayor Faram asked Mrs. Williams if she had received the $1,800.00 from her insurance company. July 26, 1982 Page Eight CITIZEN PRESENTATION Mrs. Williams replied she had not received anything from her insurance company. Mrs. Williams stated she had turned the claim in but had not taken the $1,800.00 and did not intend to. Mayor Faram asked Mrs. Williams if she intended to turn her insurance company payment down and let the City pay for it. Mrs. Williams replied yes, she felt very strongly that it was not her insurance company's responsibility. Mr. McEntire advised Mrs. Williams she paid a premium to her insurance company for this protection. The City was not paying a premium for the protection. The City's policy did not include sewer damage because the City was not liable for it. Councilman Davis asked if there was anyone else in her neighborhood at the time her sewer backed up that had the same problem. Mrs. Williams stated the neighbor next door sewer backed up, but it did not come into the house. Councilman Davis asked how many houses the backup affected. Mrs. Williams stated she did not know. Councilman Kenna asked Mrs. Williams if the sewer had ever backed up before. Mrs. Williams stated that to her knowledge it had not. Councilman Fisher asked Mrs. Williams how long she had to vacate the house. Mrs. Williams stated she did not have to vacate the house, Blackman Mooring removed the carpets. Councilman Fisher stated that on the letter the Council received her address was Grapevine. Councilman Fisher asked Mrs. Williams if she had another residence. Mrs. Williams stated her daughter lived in the house on Susan Lee. Mrs. Hinkle asked Mrs. Williams if she accepted the claim from her insurance company would it cause her premium to go up. Mrs. Williams stated she did not know. Mr. McEntire stated she was paying a premium for sewer backup and the policy would not go up. July 26, 1982 Page Nine July 26, 1982 Page Ten Councilman Ramsey asked Mrs. Williams if the house on Susan Lee was basically rent property. Mrs. Williams replied yes and no, she helped her daughter make the payments. Councilman Ramsey asked the Staff if they assumed at the time of the backup the City was liable. Mr. Line stated the City Attorney had advised the Staff the City was not liable. Mr. Line stated the Staff felt they could not authorize the payment and Mrs. Williams stated she wanted to appeal to the Council. Councilman Hubbard moved, seconded by Councilman Newman to deny the claim. Councilman Ramsey stated that on the advice of the City Attorney the City was not liable and there was no history of problems in the area, that was his problem with the claim. Councilman Davis stated he was not in favor of paying the whole amount but he would like for the Council to consider paying the deductible. Mayor Faram advised Councilman Davis that with the permission of the Council, he would depart from the rules and entertain a motion or an addition to the motion. Mayor Faram asked if he had permission from the Council to depart from the rules. Mayor Faram stated there was an objection and would not be considered. Motion to deny the claim carried by a vote of 6-1; Councilmen Hubbard, Kenna, Davis, Fisher and Newman and Councilwoman Hinkle voting for; Councilman Ramsey voting against. 19. Mayor Faram adjourned the meeting of July 26, 1982. ADJOURNMENT ø/r/kffi~/ D ck arm - Mayor ATTEST: