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HomeMy WebLinkAboutCC 1981-01-26 Minutes rlINUTES OF THE REGULAR ~1EETING OF THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, JANUARY 26, 1981 - 7:30 P.M. 1. r1ayor Faram ca 11 ed the meeti ng to order January 26, 1981, at 7:30 p.m. 2. Present: Dick Faram Jim Kenna Jim l~ood J. C. Hubbard Hiley Thomas Dave Freeman Sharyl Groves Staff: Chuck vJi 11 i ams Jeanette t100re Rex tkEnti re Dennis Horvath Richard Albin News t1ed i a: Lynda Johnson Kelvin Todd Robi n l',latki ns CALL TO ORDER r1ayor ROLL CALL Councilmen Councilwoman Ci ty ~'1anager City Secretary City Attorney Assistant City r1anager City Engineer Ft. Worth Star Telegram North Richland Hills News r1id Cities 3. The invocation was given by Mr. Larry Calvin, Pastor, College Hills Church of Christ. INVOCATION 4. Councilman Hubbard moved, seconded by Councilman l~ood, to approve the minutes of the regular meeting of January 12, 1981. APPROVAL OF MINUTES OF REGULAR MEETING JANUARY 12, 1981 APPROVED Motion carried 5-0; Councilman Kenna abstaining due to absence from the meeting. 5. Councilman Kenna moved, seconded by Councilman Hood, to approve the minutes of the special meeting of January 20, 1981. APPROVAL OF MINUTES OF THE SPECIAL t~EETI rJG JANUARY 20, 1981 APPROVED t1otion carried 4-0; Councilmen Thomas and Freeman abstaining due to absence from the meeting. 6. r1ayor Faram advised the Council the Planning and Zoning Commission had recommended approval subject to the Engineer's comments and an easement to Southwestern Bell. PS 80-60, REQUEST OF P. F. CARPENTER, FOR REPLAT OF LOT 2A, BLOCK A, REDDING REVISION APPROVED Councilman Freeman moved, seconded by Councilwoman Groves, to approve PS 80-60. Motion carried 6-0. -~----- January 26, 1981 Page 2 7. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Councilman Wood asked to be excused from the Council table because of a conflict of interest as the procuring agent. PUBLIC HEARING PZ 80-36, REQUEST OF MARVIN SMITH TO REZONE LOT 15R2, BLOCK 1, RICHLAND OAKS ADDITION FROr1 IF-12 TO LOCAL RETAIL Councilman Hood left the Council table at this time. Mr. Marvin Smith, 7609 Douglas Lane, appeared before the Council. Mr. Smith stated he would be the owner of this property if the zoning was approved. Mr. Smith showed the Council pictures of the property. Mr. Smith stated he intented to build a building for professional of~ice space. However, there might be something like a cleaners, dentist office or doctor's office, something of that nature. Mr. Smith stated he did not want anything like a retail food store or a drive-in food place. Mr. Smith stated the property had a low area on it and he intended to build a retaining wall and fill the lot in. Mr. Smith stated he was going to do quite a bit of landscaping, also put in a sprinkler system. Mr. Smith stated he felt professional offices would be the best use of the property. Mr. Smith stated the party he was buying the property from bought it in 1965 with the intentions of building a house on the lot, the city took part of the lot for the widening of Harwood Road and when the owner found out Harwood would be a main thoroughfare, he decided not to build a house. The owner offered the property to all the people that lived adjacent to it and none were interested in buying. The owner had been trying to sell it for several years. t1r. Smith stated he had bought the property in hopes of rezoning it to build a professional building. t1r. Smith stated he felt they would be bettering the neighborhood by building this building. Mr. Smith stated there was some opposition to this request at the Planning and Zoning Commission meeting and the concern seemed to be the drainage situation. Mr. Smith stated he had employed Dick Perkins, an engineer, to do a drainage study on the property. Mr. Smith stated they did not want to create drainage problems. The people that lived in the area already had a drainage problem. '---'--. January 26, 1981 Page 3 Mr. Smith stated he had not been offered any suggestions for any alternates for the use of the property. Mr. Smith stated he did not think this property could be used for anything other than office buildings. Mr. Dick Perkins, Engineer with Nail, Teague and Perkins, 210 West 6th, Ft. Worth, appeared before the Council. Mr. Perkins stated he was appearing to give the Council some results of a drainage study he did for Mr. Smith on the proposed property. Mr. Perkins stated essentially what he had done was to try to relate the drainage effect of the property to the overall water shed to show it would have minor effect as far as the drainage was concerned. The total drainage area in that particular tributary of Walker Branch that contributed to the area immediately southwest of the property, which was a small channel behind the houses and also behind this property, was about 409 acres of drainage in the tributary of Halker Branch and on a 100 year storm would conbribute a 1372 cfs water in that particular location. Mr. Perkins stated if the property was fully developed and designed in such a way that all the property would drain into the channel behind the property, if all .7 acres were to drain into that area the net effect would be .17% in the runoff. Mr. Perkins stated there would be an increase of 3.8 if all the area drained into the creek. Mr. Perkins stated he had tried to determine which portion would drain into the creek and what portion might be taken to the east into Walker Branch. From his calculations he had come up with approximately 70% off site, the maximum would drain into Walker Branch. ~1r. Perkins stated about 30% of the property would drain into the channel east of the property which really did not effect any of the residential area to the south. Councilman Kenna asked if Harwood sloped to such that it would be impossible to run all the water on to Harwood or to the east. Mr. Perkins stated it was not impossible, but it was a little impracticable to put all the water into Harwood because of the way it sloped. The intention would be to build the building itself up to the elevation to where it would drain back up to the east. Councilman Kenna asked where the property drained at the present time. t1r. Perkins stated the property drained into the main channel to the east of the property, it did not drain through the residential area to the south but went along beside it. Councilman Hubbard asked what the back of the building would look like. Mr. Smith stated the back of the building would be brick. Councilman Thomas asked if this property was an original part of the plat that was developed for residential. Mr. Smith stated yes. Mr. Smith stated he did not know when the subdivision was developed, but it was after Harwood was built. Councilman Thomas asked if the owner bought it as a residential lot. Mr. Smith replied yes. Councilwoman Groves asked t1r. Smith if he would take care of the drainage if the zoning was approved. Mr. Smith stated he thought the drainage ditch behind the property was concrete and he did not know of anything that could be done to better the drainage situation. Mr. Perkins stated there was currently a concrete portion of this which essentially extended over the length of frontage of this property that is on the channel itself. As far as improving the channel to a fully lined concrete channel, he understood the city policy to be people who develop along one of the major outfall channels in the city, namely Walker Branch, Big Fossil and Little Bear, then they are not required to improve them as you would under some of the minor channels. Mr. Perkins stated he did not think there was much more that could be done to the channel other than what was already done. January 26, 1981 Page 4 Mr. J. Dolan Lunsford, 3816 Diamond Loch East, appeared before the Council. Mr. Lunsford stated he was the current owner of the property. t1r. Lunsford stated he was very much in favor of this request. It would be a method to improve the property for North Richland Hills. r1r. Lunsford stated Mr. Smith was a well known builder and had done remarkable work on several projects in the city. t1r. Lunsford stated he had offers for the property before from Auto Trim Shop and fast food restaurants and two or three others that expressed interest in the property but he would not talk to them because he did not feel that was the proper use of the property. Mr. Lunsford stated a professional building was ideal for the property. ~1r. Lunsford stated he believed without a doubt it would add to the area. Councilman Hubbard asked Mr. Lunsford if anyone offered to buy thi s property pri or to t1r. Smi th. Mr. Lunsford stated the property had been listed with three or four real estate agents for the past ten years. r1r. Lunsford stated one of the property owners, who since had moved, at one time made an offer of $1500. t1r. Lunsford stated the property was bought for residential, but he did not feel it was suited for that now. Mr. Smith asked for rebuttal time. Mrs. Alice Nunley, 6145 Jennings, appeared before the Council. Mrs. Nunley stated she lived within 200 feet of the property. She had lived there for 24 years. Mrs. Nunley stated when she built her house it was Smithfield. As far as flooding there was no flooding until Grapevine was built. t1rs. Nunley stated most of the water that got into the houses was backup water and not flood water. t1rs. Nunley stated as far as the deed restrictions, they were drawn up in 1951. r1rs. Nunley stated she was in favor of this request because she felt the man was entitled to do something with his property. Mrs. Nunley stated she would like to make it clear that no one contacted her to speak for this request. She felt it would be an asset to the neighborhood. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. Mrs. Myrtis Byrd, 8320 Dude Court, appeared before the Council. January 26, 1981 Page 5 Mrs. Byrd stated she had lived there for a number of years. Mrs. Byrd stated her main objection was the flooding. Mrs. Byrd showed pictures of the water to the Council. t1rs. Byrd stated that r.1r. Porterfield had told her he had tried to buy the property and also Mr. Wright. r·1rs. Byrd s ta ted t·1r. Smith IS promi ses sounded good, but it was not going to help them. Mrs. Byrd stated she would like to ask the Council if they were going to represent the residents or only one man. t1rs. Byrd stated there were also Deed Restrictions. Mayor Faram asked if the Deed Restrictions were for twenty-five years. t1rs. Byrd stated the Deed Restrictions were still valid. t1ayor Faram asked t1rs. Byrd if there had been water in the houses since the channel had been built. Mrs. Byrd stated there had not been a big rain since the channel had been built. t1ayor Faram asked t1rs. Byrd if she had any idea what the property could be used for. t1rs. Byrd stated she di d not thi nk the property woul d be good for any kind of business. t1rs. Aubrey Chaffi n, 5144 Jenni ngs, appeared before the Council . Mrs. Chaffin stated she owned two lots, one on Grapevine Highway and the other was vacant. Mrs. Chaffin stated she did not want commercial property there. Under Local Retail there could be a number of things put in. Mrs. Chaffin stated when it rained it would flood the yards. Councilman Freeman asked if there had been water in her house. t1rs. Cha ffi n rep 1 i ed no. Councilman Freeman asked if there had been water in the houses to the southeast. Mrs. Chaffin stated she was not sure. Mr. Gene Burroughs, 5132 Jennings, appeared before the Council. January 26, 1981 Page 6 January 26, 1981 Page 7 t1r. Burroughs stated they di d not have much traffi c in the neighborhood at the present time but the proposed rezoning of the property was on a one-way street, which was Harwood Road and he felt that would put more traffic into the residential area because if they were west bound there would be no place to turn around. Mr. Burroughs stated there had been problems in the past with water pressure and if a sprinkler system was installed he would like to know where the water would come from. Mr. Burroughs stated another thing he was concerned about was if the lot was filled in, his property which is lower and his yard would be flooded unless it was sloped to run onto Harwood. Mr. Burroughs stated he did not know that Mr. Wright had tried to purchase the property in question. Mr. Burroughs stated there were also Deed Restrictions and it would take 60% vote of the property owners to change the restrictions. Mayor Faram asked Mr. Burroughs if he could specifically say if the Curtain house had water in it since the channel had been built. Mr. Burroughs stated he did not know. Councilman Freeman asked Mr. Burroughs if he thought the traffic would be using the neighborhood to turn around. Mr. Burroughs replied yes. Mrs. Jerry Cosby, 5125 Jennings, appeared before the Council. Mrs. Cosby stated she understood that the city had an overall zoning for the city and she understood from the Zoning Board that they ojected to spot zoning. Mrs. Cosby stated she was concerned with this particular property because there were lots in the area that could come up to the same question. Mrs. Cosby stated they wanted to leave it a residential area. Mayor Faram asked Mr. Albin if he could tell him the percentage that drained into the water shed that was left to be developed. Mr. Albin stated Walker Branch water shed was 90% developed. January 26, 1981 Page 8 Mayor Faram asked Mr. Albin if he felt there was 10% undeveloped that would contribute to the watershed. Mr. Albin replied that was correct. The extra run-off from the property in question computed to the full watershed area would be 1.04%. Mr. Albin stated what he was saying was that the additional run-off created by improvi ng thi s pi ece of property woul d be very small. ~1ayor Faram stated that t1rs. Byrd had asked if there would be a guarantee of no flooding after the development of the property. Mr. Perkins stated his contentions were that the improvements they had planned for the property would meet the criteria that Mr. Albin was referring to and àt the same time waul d not increase the run-off into the property to the south. Mr. Smith stated they had looked at the drainage problem and would not be adding to the problem but would help. Mr. Smith stated this was distress property and retail property. Mr. Perkins stated the improvements they planned to make on this property were not going to divert any more of the storm water that falls on the property into the channel that currently existed. Mayor Faram called a recess at this time. RECESS Mayor Faram called the meeting back to order. The same Council Members and Staff were present as recorded at the beginning of the meeting. Mr. Gene Burroughs reappeared before the Council. Mr. Burroughs stated he would like to remind the Council a petition against this rezoning had been submitted. Mr. Burroughs stated once this zoning was approved there was no way the homeowners could be assured of what would be built. Mr. Burroughs stated the water would also go into his yard. He was not getting flooded, but losing a lot of yard. 8. Mayor Faram advised the Council was now composed of five members and it would take four favorable votes for approval. BACK TO ORDER Council man Hubbard moved, seconded by Councilman Kenna, to approve PZ 80-36. CONSIDERATION OF ORDINANCE FOR PZ 80-36 DENIED Motion failed by a vote of 3-2; Councilmen Kenna, Hubbard and Freeman voting for; Councilman Thomas and Councilwoman Groves voting against; (Councilman Wood excused from discussion and voting.) COUNCILMAN HOOD RETURNED TO THE TABLE AT THIS TIME. 9. Mayor Faram advised the Council the public hearing on this request had been held previously and had been postponed because of pending legal action. Mayor Faram stated the litigation had been dropped and unless the Council objected another public hearing would not be held. Mr. McEntire stated Dr. Waggener had signed a covenant for the street improvements. 10. Councilman Freeman moved, seconded by Councilman Kenna, to approve PZ 80-42, Ordinance No. 869. Motion carried 6-0. 11. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Bill Lightfoot, 7716 Davis, appeared before the Council. Mr. Lightfoot stated he was requesting permission to sell mixed beverages at his restaurant, The Channel Cat. Mayor Faram asked Mr. Lightfoot if this was previously Dos Vecinos and if they had a permit for sale of alcoholic beverages. Mr. Lightfoot stated yes. Councilman Hood asked Mr. Lightfoot if he was aware the permit would be issued in his name and non-transferable. Mr. Lightfoot stated he was aware the permit would be non-transferable. Mayor Faram advised that according to the Ordinance, this permit would be non-transferable and issued to Bill Lightfoot and Doyle Compton. 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. January 26, 1981 Page 9 PUBLIC HEARING PZ 80-42, REQUEST OF DR. JAr1ES HAGGENER TO REZONE TRACT 170, AND A PORTION OF TRACT 16B, ABSTRACT 1606, FROM l-F-7 TO LOCAL RETAIL CONSIDERATION OF ORDINANCE FOR PZ 80-42 APPROVED ORDINANCE NO. 869 PUBLIC HEARING PZ 80-44, REQUEST OF BILL LIGHTFOOT AND DOYLE COMPTON TO REZONE A PORTION OF LOT 2, BLOCK 50, NOR'EAST ADDITION FROM COMMERCIAL TO COMMERCIAL-SPECIFIC USE-SALE OF ALCOHOLIC BEVERAGES January 26, 1981 Page 10 12. Councilman Hubbard moved, seconded by Councilman Kenna, to approve PZ 80-44, Ordinance No. 870, permit to be non-transferable. Motion carried 6-0. CONSIDERATION OF ORDINANCE FOR PZ 80-44 APPROVED ORDINANCE NO. 870 13. Mayor Faram opened the public hearing and called for anyone present wishing to speak in favor of this request to please come forward. Mr. Bill Ward appeared before the Council. Mr. Ward stated he thought the property was zoned multi-family when he purchased it. Mr. Ward stated he had a buyer for the property that wanted to build triplexes. PUBLIC HEARING PZ 80-46, REQUEST OF BILLY J. WARD TO REZONE A PORTION OF LOT 6, CALLOWAY AC RES ADD IT ION, FROM COMMERCIAL TO r,1UL TI - F ArlI L Y Mayor Faram asked how many acres was involved. Mr. Ward stated there was only one lot. Councilman Hubbard asked if this lot adjoined the church. Mr. Ward stated no. Councilman Wood asked if the adjoining property and the property across the street was zoned multi-family. Mr. Hard replied yes. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. There being no one wishing to speak, Mayor Faram closed the public hearing. 14. Councilman Wood moved, seconded by Councilman Kenna, to approve PZ 80-46, Ordinance No. 871. Motion carried 6-0. CONSIDERATION OF ORDINANCE FOR PZ 80-46 APPROVED ORDINANCE NO. 871 PS 80-61~ REQUEST OF BILL'( J. ~JARD FOR REPLAT OF LOT 16K, CALLOWAY ACRES ADD J TI ON APPROVED 15. ~1ayor Faram advised the Council the Planning and Zoning had recommended approval subject to the Engineer's comments, Mr. Hilliams stated all comments had been satisfied. Councilman Freeman moved, seconded by Councilman Hubbard, to approve PS 80-61. Motion carri-d 6-0. 16. City Attorney McEntire stated this ordinance was passed last August. Notice was placed on the bullentin board, but when the lawsuit was filed the notice could not be found. Councilman Freeman moved, seconded by Councilman Kenna, to approve passage of Ordinance No. 836. Motion carried 6-0. Councilman Freeman moved, seconded by Councilman Wood, to ratify the passage of Ordinance No. 836 at the August 25, 1980 Council meeting. Motion carried 6-0. 17. Councilman Thomas moved, seconded by Councilman Hubbard, to approve Resolution No. 81-2. Councilman Kenna asked what this would mean to the city. Mayor Faram stated that if Precinct Line Road was added to the Urban Aid System and if grant money became available it could be used for this street. Motion carried 6-0. 18. Councilman Freeman moved, seconded by Councilman Wood, to postpone action on this request. Motion carried 6-0. 19. Mr. Horvath stated these improvements included building an adult (unlighted) baseball field and improving the parking lot. Councilman Hubbard moved, seconded by Councilman Freeman, to approve the Fossil Creek Park improvements. Councilwoman Groves asked who would do the work. Mr. Horvath stated the city would do the work. Councilman Hood asked what the total cost would be. Mr. Horvath stated the cost would be $13,447,14 and it was budgeted. Motion carried 6-0. Janua ry 26, 1981 Page 11 CONSIDERATION OF PASSAGE AND RATIFICATION OF PASSAGE OF ORDINANCE #836 APPROVED CONSIDERATION OF RESOLUTION TO ADD PARTICULAR STREETS INTERSECTING PRECINCT LINE ROAD TO THE FEDERAL AID URBAN SYSTEM APPROVED RESOLUTION NO. 81-2 CONSIDERATION OF THE 1980 AUDIT REPORT FOR NORTH RICHLAND HILLS POSTPONED CONSIDERATION OF FOSSIL CREEK PARK IMPROVEMENTS APPROVED 20. City Manager Williams stated this Resolution would allow the Finance Director to sign checks. Councilman Hubbard moved, seconded by Councilwoman Groves, to approve Resolution No. 81-3. Councilman Hood stated he was under the impression the city was going to purchase a signature plate and that Mr. Lunday did not want to sign checks because he was the Finance Director. After further discussion, Councilman Wood moved, seconded by Councilman Kenna, to postpone action on this item until action on item 21 was taken. Motion carried 6-0. 21. Councilman Kenna moved, seconded by Councilman Wood, to approve $1,800.00 to be transferred from account #1-120 for the purchase of a check protector. Motion carried 5-1; Councilmen Kenna, Hood, Thomas, Hubbard and Councilwoman Groves voting for; Councilman Freeman voting against. Mayor Faram advised the Council action would now be taken on item 20. Councilman Kenna moved, seconded by Councilman Wood, to deny Item #20, Resolution No. 81-3. Motion carried 6-0. 22. Councilman Freeman moved, seconded by Councilwoman Groves, to approve the bid of American Video in the amount of $3,485.00. Councilman Wood stated he would like to ask what the security increase/decrease in damage and the employee moral would be if this was approved. Chief Randy Shiflet, Police Department, appeared before the Council. Mr. Shiflet stated this system was approved in the 1980-81 budget. Chief Shiflet stated there had been losses in excess of $10,000.00 on the parking lot to both city and personal vehicles. Chief Shiflet stated this system would provide security for all employees leaving and arriving for duty during nighttime hours. Chief Shiflet stated this system would cover the parking lot on the west and north of the building. Councilman Wood asked if other systems had been checked and the availability for maintenance. January 26, 1981 Page 12 CONSIDERATION OF RESOLUTION FOR CERTAIN PEOPLE TO SIGN CHECKS DENIED CONSIDERATION OF TRANSFER OF FUNDS FOR A CHECK PROTECTOR APPROVED CONSIDERATION OF BIDS FOR CLOSED CIRCUIT TELEVISION APPROVED January 26, 1981 Page 13 Chief Shiflet stated only one bid was received on time. One bid was a day late. Chief Shiflet stated there were presently about eight departments in the area using this system and they had experienced no problems. Councilman Kenna asked who would monitor the system. Chief Shiflet stated the dispatcher would monitor. Councilman Kenna asked if the dispatcher would adequately monitor while working. Chief Shiflet stated yes. The screen would be on the console. Councilman Hubbard asked if lines could be added to the system to cover the entire parking lot. Chief Shiflet stated yes. Motion to approve carried 6-0. 23. Mayor Faram adjourned the meeting of January 26, 1981. ADJOURNMENT Dick Faram, Mayor ATTEST Jeanette Moore, City Secretary