HomeMy WebLinkAboutCC 1983-08-08 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
AUGUST 8, 1983
1.
Mayor Faram called the meeting to order August 8, 1983, at
7:30 p.m.
2.
Dick Faram
Jim Ramsey
Jim Kenna
Richard Davis
J.C. Hubbard
Dick Fisher
Harold Newman
Marie Hinkle
Present:
Staff:
Dennis Horvath
Ginny Pierce
Gene Riddle
Rex McEntire
Richard Albin
Lou Spiegel
John Whitney
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilman
Councilman
Councilwoman
Assistant City Manager
Acting City Secretary
Director Public Works/Utility
City Attorney
City Engineer
Finance Director
Purchasing Agent
Planning & Zoning Member:
Marjorie Nash
Press:
Mark England
Absent:
Rodger N. Line
Jeanette Moore
Mid Cities Daily News
City Manager
City Secretary
3.
The invocation was given by Councilman Davis.
4.
Councilman Davis moved, seconded by Councilman Kenna, to
approve the minutes of the regular meeting of July 25,
1983.
Motion carried 7-0.
5.
Mayor Pro Tem Ramsey removed items #8 and #11 from the
Consent Agenda.
6.
Mayor Pro Tem Ramsey moved, seconded by Councilwoman Hinkle,
to approve the Consent Agenda.
Motion carried 7-0.
CALL TO ORDER
ROLL CALL
INVOCATION
CONS IDERATION OF
MINUTES OF THE
REGULAR MEETING
JULY 25, 1983
CONSIDERATION OF
REMOVING ITEM (S)
FROM CONSENT AGENDA
CONSIDERATION OF
CONSENT AGENDA
ITEM (S) (7, 9, 10,
12, 13, 14, 15, 16,
17, 18, 19, 20 & 26)
*7.
8. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to
consider PS 83-61.
Motion carried 7-0.
Mayor Faram opened this item for discussion.
Mayor Pro Tem Ramsey stated he had several questions
regarding the pipeline easement. Why do we want to delete
the pipeline easement off of the plat? What was the
difficulty in not letting ARCO look at what was going to
happen to the property? What was the City's liability in
the future if something did happen? Why deviate from the
ordinance? The ordinance states it had to be a 25 foot set
back. Why not do what the ordinance required?
Mr. McEntire stated this was a governmental function and
unless the law changed the City would not be liable for
approving the plat.
Tom Wilder, representing Alan W. Hamm, the developer,
appeared before the Council.
Mr. Wilder stated that they did not ask for the pipeline
easement to be removed. In fact, they had to negotiate the
easement itself. He stated that the confusion was from the
letter that stated they wanted the volume and page number
deleted because it was unavailable at that time that it was
enroute from Missouri.
Councilman Davis asked if they would have any problem adding
the easement to the plat if received.
Mr. Wilder said they had no problem putting the easement on
the plat but they did not have the volume and page number.
Councilman Davis stated that they need to keep item #2 in
the Engineer's comments intact.
Mr. Wilder said they would be happy to furnish the volume
and page number when they received them from Missouri.
Mayor Pro Tern Ramsey asked if there was any problem with the
Council leaving the Engineer's comments the way they were.
Page 2
August 8, 1983
PLANNING & ZONING -
PS 83-60, REQUEST OF
MINTEX FOR REPLAT OF
LOTS lR, 2, & 3,
BLOCK 4, INDUSTRIAL
PARK ADDITION
APPROVED
PLANNING & ZONING -
PS 83-61, REQUEST OF
ALAN W. HAMM FOR
REPLAT OF LOT B-R,
BLOCK 11, CLEARVIEW
ADDITION
APPROVED
Mr. Wilder stated that there was a problem with item #6.
They did not feel they should have to take their plans to
ARCO and have them approved as they had already given
permission to asphalt over the easement and, since no
building could be put on the easement, they do not feel they
should have to take their building plans to the pipeline
company.
Councilman Kenna asked if ARCO asked to approve the plans.
Mr. Wilder stated no.
Councilman Kenna asked if ARCO had agreed only for them to
put asphalt over their existing 40 foot easement.
Mr. Wilder stated yes.
Mayor Faram stated that ARCO Pipeline was going to be
protected one way or another since anything that would be
built there ARCO would have the right to tell them to remove
it, and that item #6 was a little bit restrictive in that
point.
Mr. McEntire stated that they had presently signed an
agreement and they would have to get ARCO's approval to
build on the easement.
Mayor Faram stated that item #6 shouldn't really be a part
of this and item #2 could be passed with a contingency that
the volume and page number be added before it was presented
to the Staff and presented to him for his signature.
Councilman Davis stated he felt that item #6 had been taken
care of since they did have a written agreement.
Councilman Kenna moved, seconded by Councilwoman Hinkle, to
amend the motion to approve PS 83-61, subject to satisfying
item #2 on the Engineer's comments.
Motion carried 7-0.
*9.
*10.
Page 3
August 8, 1983
PLANNING & ZONING -
PS 83-63, REQUEST OF
RAY LOFLAND FOR
REPLAT OF LOT 2,
BLOCK 9, RICHLAND
HILLS WEST ADDITION
APPROVED
PLANNING & ZONING -
PS 83-67, REQUEST OF
WAYNE E. WATERS FOR
FINAL PLAT OF LOTS 26
THRU 29, BLOCK 15,
STONYBROOKE ADDITION
APPROVED
11. Mayor Pro Tern Ramsey moved, seconded by Councilman Kenna, to
consider PS 83-69.
Mayor Faram opened this item for discussion.
Councilman Davis asked who was going to maintain the ease-
ment of the 30 foot access road that went down to 820 since
it was dedicated to the City.
Mr. Albin said the City would be responsible for the main-
tenance.
Mr. Riddle stated he understood that the 30 feet belonged to
the developer.
Councilman Davis stated that he thought that the 30 foot
access should be a part of lot 3, and thought that it should
be on record that the City would not maintain it.
Mr. Gary Kraus, with Graham Assoc., 6737 Brentwood Stair
Road, Fort Worth, representing Northwood Plaza Ltd.,
appeared before the Council.
Mr. Kraus stated that it was his understanding that it was
not intended to be a public road but an access easement and
would be maintained by the owner.
Councilman Davis stated that it was not a part of
tion instrument. That access was not dedicated.
strip was bypassed and it could be approved if it
a part of lot 3.
the dedica-
The 30 foot
would become
Mr. Kraus stated that it was an easement and did not know if
it could become a part of lot 3.
Councilman Kenna asked who owned that property.
Mr. Kraus stated that he did not know who owned the
property. They had an easement across it for the purpose of
access and a utility easement.
Mayor Faram asked Mr. Kraus if they were under a time
pressure to have this approved.
Mr. Kraus stated that they were ready to start construction.
Page 4
August 8, 1983
PLANNING & ZONING -
PS 83-69, REQUEST OF
NORTHWOOD PLAZA LTD.
FOR FINAL PLAT OF
LOTS 1 THRU 3, BLOCK
13, SNOW HEIGHTS
NORTH ADDITION
APPROVED
Mayor Faram stated that if the owner could not be identified
the City could not accept the dedication as a right-of-way
without it being brought up to the City standards, and the
City would be locked in.
Councilman Kenna said they were not proposing that they
wanted to dedicate it to the City.
Councilman Davis stated that they were not saying who they
wanted to dedicate it to.
Mr. Kraus stated it would be an easement to Northwood Plaza
Ltd., signed by the owners of the property to the south and
he could furnish that information.
Councilman Davis asked if there would be aproblem approving
the request subject to the Engineers' comments with the
stipulation the 30 foot easement be dedicated to lots 1,2,
and 3 and shown on the plat who would maintain the 30 foot
strip.
Mr. Kraus stated he didn't have any problem with that.
Mr. McEntire stated it could be done that way.
Mayor Faram stated that he would like to have a withdrawal
of the motion and second so they could re-word the motion.
Mayor Pro Tern Ramsey and Councilman Kenna withdrew their
original motion.
Councilman Davis moved, seconded by Councilman Kenna, to
approve PS 83-69 subject to the Engineer's comments with the
exception of Item #5 and that a documentation of the ease-
ment granted to Northwood Plaza Ltd. be shown on the plat
and also show who would maintain the 30 foot road easement.
Motion carried 7-0.
*12.
Page 5
August 8, 1983
PLANNING & ZONING -
PS 83-71, REQUEST OF
U-TEX DEVELOPMENT
COMPANY FOR FINAL
PLAT OF LOTS 1 THRU
3, BLOCK 6,
INDUSTRIAL PARK
ADDITION
APPROVED
Page 6
August 8, 1983
*13. PLANNING & ZONING -
PS 83-72, REQUEST OF
U-TEX DEVELOPMENT
COMPANY FOR FINAL
PLAT OF LOT 1,
BLOCK 5, INDUSTRIAL
PARK ADDITION
APPROVED
*14. CONS IDERATION OF
ORDINANCE AMENDING
WATER & SEWER
POLICIES
ORDINANCE NO. 1045
APPROVED
*15. CONSIDERATION OF
ORD INANCE FOR
CONTRACT FOR
CODIFICATION OF
ORDINANCES
ORDINANCE NO. 1046
APPROVED
*16. CONSIDERATION OF
RATIFYING PURCHASE OF
LIBRARY SHELVING
APPROVED
*17. CONSIDERATION OF
PARTIAL PAYMENT
ESTIMATE 112, TO
AUSTIN ROAD COMPANY
IN THE AMOUNT OF
$173,564.71 - RUFE
SNOW DRIVE PHASE II
APPROVED
*18. CONSIDERATION OF
PARTIAL PAYMENT,
ESTIMATE 116, TO
AUSTIN ROAD COMPANY
IN THE AMOUNT OF
$209,261.59 - SNOW
HEIGHTS STREET &
DRAINAGE IMPROVEMENTS
APPROVED
*19.
*20.
21. Mr. Horvath stated the proposed use will be presented at
the August 22nd meeting by the Staff based on any citizens
input between now and the 22nd. Mr. Horvath stated that
they had some suggestions from the Staff but the purpose of
setting the date of the 22nd was to allow the citizens their
input to the management staff.
Mayor Faram announced the date for the proposed use hearing
would be August 22, 1983.
22. Councilman Newman moved, seconded by Mayor Pro Tem Ramsey
to appoint Mr. Billy Cypert and Mr. Ron Hubbard as alternates
to serve on the Board of Adjustments.
Motion carried 7-0.
23. Mr. Horvath stated the proposed billboard sign would be
located along Loop 820 on the south side at the rear of
Edison's and did meet the requirement of the new sign
ordinance. The new sign ordinance requires Council approval
for all sign billboards.
Mayor Faram asked if in any of the correspondence it indicated
what they were going to advertise.
Mr. Horvath stated no.
Mayor Pro Tern moved, seconded by Councilwoman Hinkle to approve
this item.
Page 7
August 8, 1983
CONSIDERATION OF
PARTIAL PAYMENT,
ESTIMATE 115, TO
UNIVERSAL TANK & IRON
WORKS IN THE AMOUNT
OF $50,544.00 - DAVIS
BOULEVARD 2.0 M.G.
ELEVATED STORAGE TANK
APPROVED
CONSIDERATION OF
AWARDING BID FOR 150'
FREE STANDING TOWER
APPROVED
"PROPOSED USE
HEARING" 1983-84
REVENUE SHARING
ALLOCATION
SET FOR AUGUST 22,
1983
CONSIDERATION OF
APPOINTMENT TO
THE BOARD OF
ADJUSTMENTS
APPROVED
CONSIDERATION OF MAY
ADVERTISING FOR A
BILLBOARD SIGN
APPROVED
Page 8
August 8, 1983
Mr. J.D. Latham, Vice President of May Advertising Corp. appeared
before the Council.
Mr. Latham stated the sign would be located at 7600 N.E. Loop 820
that they had a Northeast National Bank sign on the property now
and would be on the west side on the northwest corner of the property.
Mr. Latham stated the sign would be a steel bulletin board, double
faced, eluminated and would be 14 X 48 size, which was a standard
size.
Councilman Davis asked what they were going to put on the sign.
Mr. Latham stated they did not know, that the Factory Outlet Mall
would likely go on the board but it would be a local firm.
Motion carried 7-0.
Councilman Kenna stated he would like to see what was
requested in the form of pictures or something.
CONSIDERATION OF
REQUEST OF D AND
F DEVELOPMENT
INCORPORATION FOR A
VARIANCE FROM THE
BRICK ORDINANCE
APPROVED
24. Councilman Hubbard moved, seconded by Councilman Fisher
to deny this request.
Mr. Richard Drummonds, 3836 Diamond Loch West, North Richland
Hills, President of D & F Development Incorporated, appeared
before the Council.
Mr. Drummonds stated that as the Council could see from the
letter that was written that they were requesting a variance
from the brick ordinance on the apartments they were building.
Mr. Drummonds stated that the variance was just for the ends
of the building. Mr. Drummonds presented the Council with
pictures and drawings of what they proposed.
Mayor Faram asked if Mr. Rice had approved the plans as such
even though it was in violation of the ordinance.
Mr. Drummonds stated that he complied with 75% on the first
floor of the building and the only place the stucco would be was
on the end of the building. Mr. Drummonds stated he appreciated
the high standards of the City and they were not asking to put
up something that would be substandard.
Motion to deny failed 4-3, Councilmen Davis, Hubbard and Fisher
voting for, Councilwoman Hinkle, Councilmen Kenna, Newman and
Mayor Pro Tern Ramsey voting against.
Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve
granting the variance.
Mayor Pro Tern Ramsey stated that he wanted to make sure that the
37' by 46' variance would only be on the ends of the buildings,
per the memo.
Councilman Kenna moved, seconded by Councilwoman Hinkle, to amend
the motion to state that the stucco only be allowed on the ends of
the buildings per the drawings that were submitted.
Motion to approve the variance carried 4-3; Councilwoman Hinkle,
Mayor Pro Tem Ramsey, Councilman Kenna and Newman voting for;
Councilman Davis, Hubbard, Fisher voting against.
25. Mr. Mike Brinkley, acting as general counsel for the
Industrial Development Corporation, appeared before Council.
Mr. Brinkley stated that this resolution was being presented
for action to authorize the issuance of five million dollars
in revenue refunding bonds. Mr. Brinkley stated that this
had been voted on by the Industrial Development Board, however
it had to be approved by the Council. Mr. Brinkley stated
that Graham Magnetics was Wall Street financed by these bonds
that were issued in 1980 in the amount of four and a half
million, and that Graham Magnetics was going to do a private
placement through Chemical Bank in New York, which he presumed
would have a maturity of ten years.
Councilman Fisher asked they were proposing to double expending
or doubling their operation with the bonds.
Mr. Brinkley stated the bonds were refunding bonds and they were
paying off the 1980 for private placement.
Councilman Kenna stated that the City had no liability for
these bonds.
Mayor Faram read the following preamble:
Resolution 83-16
Resolution approving an agreement from the proposed
issuance of $5,000,000 Revenue Refunding Bonds by and
between North Richland Hills Industrial Development
Corporation and Carlisle Corporation
Councilwoman Hinkle moved, seconded by Councilman Fisher, to
approve Resolution 83-16.
Motion carried 7-0.
Page 9
August 8, 1983
CONSIDERATION OF
RESOLUTION ON
INDUSTRIAL DEVELOP-
MENT BONDS FOR
GRAHAM MAGNETICS
PROJECT
RESOLUTION NO. 83-16
APPROVED
*26.
27. None
28. Mayor Faram recessed the meeting to go into an executive
session.
29.
The Mayor called the meeting back to order. The same
Council Members and Staff were present as recorded at
the beginning of the meeting.
30. Mayor Faram adjourned the meeting of August 8, 1983.
ÁcÞ ~Øfí0..-
Má.yor
ATTEST:
Page 10
August 8, 1983
CONSIDERATION OF
ORDINANCE AMENDING
ORDINANCE NO. 658 -
REGULATING AMUSEMENT
CENTERS
APPROVED
CITIZEN PRESENTATION
RECESS
EXECUTIVE SESSION TO
DISCUSS LAND,
LITIGATION AND/OR
PERSONNEL
BACK TO ORDER
ADJOURNMENT