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HomeMy WebLinkAboutCC 1981-05-11 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, MAY 11, 1981, 7:30 P.M. 1. Mayor Faram called the meeting to order May 11, 1981, at 7:30 p.m. CALL TO ORDER 2. Present: Dick Faram Jim Kenna Jim Wood J. C. Hubbard Wiley Thomas Jim Ramsey Sharyl Groves Mayor ROLL CALL Councilmen Councilwoman Staff: Charles Williams Jeanette Moore Cecil Forester Allen Bronstad Rex McEntire Richard Albin City Manager City Secretary Director Public Works/Utility Director of Development City Attorney City Engineer News Media: Absent: Dave Freeman Councilman 3. Councilman Wiley Thomas introduced Rev. Dwayne Green, Birdville Baptist Church, who gave the invocation. INVOCATION 4. Councilman Kenna moved, seconded by Councilman Ramsey, to '_?prove the minutes of the April 27, 1981 meeting. Motion carried 6-0. APPROVAL OF MINUTES OF THE REGULAR MEETING APRIL 27, 1981 APPROVED 5. Mayor Faram presented Mr. Don LaPlante of the Fire Department with a five year certificate and service pin. PRESENTATION OF FIVE YEAR PIN AND SERVICE AWARD TO DON LAPLANTE OF THE FIRE DEPARTMENT 6. Councilman Ramsey moved, seconded by Councilman Hubbard, to appoint Mr. Mark Hannon and reappoint I'Irs. Margie Nash and Mr. Carl Greenfield to the Planning and Zoning Commission. CONSIDERATION OF APPOINTHENTS TO PLANNING AND ZONING COMMISSION Motion carried 6-0. APPROVED Mayor Faram expressed his appreciation to the appointees for their willingness to serve in this capacity. 7. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Charles Beane, 4500 Westridge Avenue, Fort Worth Texas, appeared before the Council. Mr. Beane stated he was replatting the small lots into lots for quadroplexes. The quadroplexes would be facing on Maryanna Street where he was proposing to put in a concrete street, water and sewer lines on this particular tract. Mr. Beane stated that on the upstairs, east side of the quadroplexes there would not be any windows because of being able to see in the neighbors yard. There would be windows on the north-south. Mr. Beane stated these quadroplexes would be in the same design and plan as the ones he built on Cloyce. Councilwoman Groves stated that in the Planning and Zoning minutes that Mr. Beane proposed to change from 64 units to 88, was that still his plans. Mr. Beane stated he was going from 64 to 78 units. In the other plan he was staying with the single family as it was proposed on the other side of Maryanna. Councilwoman Groves asked how many units would be in the single family. Mr. Beane stated the single family row houses would be exactly as they were platted and approved. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, Mayor Faram closed the public hearing. 8. Mayor Faram stated there was a petition submitted requesting denial of this request, but he was under the impression the parties had come together. Mayor Faram asked the City Attorney if the 3/4 vote would apply since there had been a petition. Mr. McEntire asked if there was anyone present who signed the petition. There were four present. Mr. McEntire asked if they would like to withdraw the petition. The petition was withdrawn. May 11, 1981 Page Two PUBLIC HEARING - PZ 81-4, REQUEST OF CHARLES BEANE TO REZONE LOTS 29- 66, BLOCK 42B1, RICHLAND TERRACE ADDITION FROM COM- MUNITY DEVELOPMENT TO MULTI-FAMILY- QUADROPLEXES CONSIDERATION OF ORDINANCE FOR PZ 81-4 ORDINANCE NO. 891 APPROVED Councilman Wood moved, seconded by Councilman Kenna, to approve PZ 81-4, Ordinance No. 891. Councilman Wood stated there was a letter of agreement from Mr. Beane, and asked if the letter should become a part of the ordinance. Mr. McEntire stated the letter would become a part of the ordinance. Motion carried 5-1; Councilwoman Groves voting against. 9. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Charles Beane, 4500 Westridge Avenue, Fort Worth Texas, appeared before the Council. Mr. Beane stated he was going to leave this side platted as was and use the same size buildings, row houses, single story. Mr. Beane stated he would like to express his appreciation to the neighbors in being able to work with them. Mr. Beane stated he would replace the fence between the row houses and the existing homes. Mayor Faram called for anyone wishing to speak in opposition to please come forward. Mr. Harold Sandol, 5008 Susan Lee Lane, appeared before the Council. Mr. Sandol stated he was not against the request, but would like for the fence to be maintained by the developer. Mayor Faram closed the public hearing. 10. Councilman Hubbard moved, seconded by Councilman Wood, to approve PZ 81-16, Ordinance No. 892. Motion carried 6-0. 11. Mayor Faram stated the Planning and Zoning Commission recommended approval subject to the Engineer's letter. Councilman Kenna moved, seconded by Councilman Ramsey to approve PS 81-9, subject to the Engineer's letter. Motion carried 6-0. May 11, 1981 Page Three PUBLIC HEARING - PZ 81-16, REQUEST OF CHARLES BEANE TO REZONE LOTS 67-100, BLOCK 42B2, RICHLAND TERRACE ADDITION FROM COMMUNITY DEVELOPMENT TO MULTI-FAMILY-ROW HOUSES CONSIDERATION OF ORDINANCE FOR PZ 81-16 APPROVED ORDINANCE NO. 892 PS 81-9, REQUEST OF CHARLES BEANE FOR REPLAT OF LOTS 33R - 43R, BLOCK 42Bl, RICHLAND TERRACE ADDITION APPROVED 12. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mrs. Roselyn Salling appeared before the Council. Mrs. Salling stated she planned to have a day care center on this property. Mrs. Salling stated the building would be approximately 2,900 square feet and 3,000 square feet of parking. The center would be open from 6:00 a.m. until 6:30 p.m., Monday through Friday. Mrs. Salling stated she would erect a six foot fence around the property. Mr. Oscar Skinner, 5428 Randol, appeared before the Council. Mr. Skinner stated there were YMCA offices next to this property and it was going commercial all around. Mr. Skinner stated he felt the center would be suitable for this location. 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. 13. Mayor Faram advised the Planning and Zoning Commission had recommended approval. Councilman Kenna moved, seconded by Councilwoman Groves, to approve PZ 81-9, Ordinance No. 893. Motion carried 6-0. 14. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Bill Ridgway, Showbiz Pizza, appeared before the Council. Mr. Ridgway stated they purchased the land to build a family-type pizza eating place. Mr. Ridgway stated they would have between 50 and 60 electronic games, and there would be no pin-ball machines. They would have life-size characters to put on shows. Mr. Ridgway showed slides of the operation of an existing Showbiz Pizza. May 11, 1981 Page Four PUBLIC HEARING - PZ 81-9, REQUEST OF MARION WEBSTER AND ROSELYN SALLING TO REZONE LOT 3, BLOCK 33, NOR EAST ADDITION FROM IF-9 TO LOCAL RETAIL CONSIDERATION OF ORDINANCE FOR PZ 81-9 APPROVED ORDINANCE NO. 893 PUBLIC HEARING - PZ 81-10, REQUEST BILL RIDGWAY (SHOWBIZ PIZZA) , TO REZONE A PORTION OF TRACT 13F, ABSTRACT 1606 FROM LOCAL RETAIL TO LOCAL RETAIL - SPECIFIC USE - SALE OF ALCOHOLIC BEVERAGES May 11, 1981 Page Five Mr. Ridgway stated no one under eighteen years of age was admitted except with their parents. Mr. Ridgway stated there would be a uniform security guard on duty and a manager. There was no smoking or drinking in the game rooms. Mr. Ridgway stated they did not have a stand-up bar. Mr. Ridgway stated there was competition on the property who sold beer and wine. Councilman Wood asked if the Specific Use permit would be for beer and wine only. Mr. Ridgway replied yes. Councilman Wood asked Mr. Ridgway if he had any statistics on the sale of food and alcoholic beverages. Mr. Ridgway stated the food sales would be 69% to 74% and the alcoholic beverages 3% to 5%. Councilman Wood asked Mr. Ridgway if he had any objections to the Council granting the Specific Use Permit excluding the corner lot. Mr. Ridgway stated he had no objections what- so-ever. 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. Councilman Wood moved, seconded by Councilman Hubbard, to approve PZ 81-10, Ordinance No. 894, with the exception of the following: per the attached site plan to exclude Section 2, which consists of 41,420 square feet from the original 122,470 square feet, leaving the Specific Use to the 81,050 square feet only. Specific Use is non-transferable. CONSIDERATION OF ORDINANCE FOR PZ 81-10 ORDINANCE 894 APPROVED Motion carried 6-0. 25. Mr. McEntire advised the Council Item 25 should be heard at this time. Mr. McEntire stated this ordinance would exempt restaurants from having to have 60% or 70% glass fronts when they have electronic games. Councilman Wood moved, seconded by Councilman Kenna, to move Item 25 to this point of the meeting. Motion carried 6-0. Councilman Kenna moved, seconded by Councilwoman Groves, to approve Ordinance No. 895. Motion carried 6-0. 16. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Carl Starr appeared before the Council. Mr. Starr stated he owned the property at 5401 Davis Boulevard. Mr. Starr stated he had some inquiries about the property and all had been for local retail. Mr. Starr stated that was his reason for the request. Councilman Wood stated that in the Planning and Zoning minutes it was stated the building was non-conforming and would have to be brought up to code. Also, the City had made some changes in the Fire Code. Mr. Starr stated there would be no problems. He had met with the Fire Marshall and the building would be brought up to code. 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. 17. Councilman Thomas moved, seconded by Councilman Kenna, to approve PZ 81-14, Ordinance No. 896. Motion carried 6-0. May 11, 1981 Page Six CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 658 APPROVED ORDINANCE NO. 895 PUBLIC HEARING - PZ 81-14, REQUEST OF CARL STARR TO REZONE LOT 7 , BLOCK 33, NOR EAST ADDITION FROM IF-9 TO LOCAL RETAIL CONSIDERATION OF ORDINANCE FOR PZ 81-14 APPROVED ORDINANCE NO. 896 18. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Gary Mosley appeared before the Council. Mr. Mosley stated one question that came up at the April meeting was the height of the sign. Mr. Mosley stated the sign would be about 20 feet. There was also a question on the lighting of the sign. Mr. Mosley stated they did not plan to have the sign on past mid- night. Mr. Mosley stated another question was what advertising might be put on the sign; the Bank of North Texas would be controlling what was placed on the sign. Councilman Wood asked how long the Bank had a lease on the sign. Mr. Mosley stated the Bank had a fifteen year lease and renewable. Councilman Kenna stated he had talked with Mr. Daniel of the Bank about the sign and they had talked with respect of possibly the sign basically dealing with local issues, property and business. Councilman Kenna asked if this would give any problems. Mr. Mosley stated it would be a problem as far as advertis- ing airlines and so forth. They would not be local busi- ness. Mr. Mosley stated his intent was not to advertise things that were not tasteful. Mr. Mosley stated limiting the sign to local would be hard to live with because they anticipated that at some time there might be an airline that wanted to use the sign. Mr. Mosley stated the Bank had the option of subing the sign out and letting an air- line take their place for awhile. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. There being no one wishing to speak in opposition, Mayor Faram closed the public hearing. 19. Councilman Kenna moved, seconded by Councilman Wood, to approve PZ 81-5, Ordinance No. 889. Motion carried 5-1; Councilmen Wood, Kenna, Thomas, Hubbard and Ramsey voting for; Councilwoman Groves voting against. May 11, 1981 Page Seven PUBLIC HEARING - PZ 81-5, REQUEST OF KEM ADVERTISING FOR BANK OF NORTH TEXAS AND HUDIBURG CHEVY TO REZONE A PORTION OF LOT 1, BLOCK 2 , CARDER ADDITION FROM COMMERCIAL - SPECIFIC USE - SALE OF ALCOHOLIC BEVER- AGES TO COMMERCIAL SPECIFIC USE - BILLBOARD. (POSTPONED AT THE APRIL 27, 1981 MEETING) CONSIDERATION OF ORDINANCE FOR PZ 81-5 APPROVED ORDINANCE NO. 889 20. Mr. James Morgan, Attorney, appeared before the Council on behalf of Dr. Duer. Mr. Morgan stated PZ 81-12 was denied by the Planning and Zoning Commission. Mr. Morgan stated Dr. Duer wanted to build a veterinarian clinic to be located on Grapevine Highway. Councilman Kenna moved, seconded by Councilwoman Groves, to grant an appeal hearing on PZ 81-12 to be held May 18, 1981. Motion carried 6-0. 21. Councilman Hubbard moved, seconded by Councilwoman Groves, to approve payment to J. D. Griffith in the amount of $ 87 ,435. 08 . Motion carried 6-0. 22. Councilman Wood moved, seconded by Councilman Thomas, to approve payment to Sharrock Electric in the amount of $10,438.08. Motion carried 6-0. 23. Mr. Albin advised the Council that when the contract was let for the water line on Rufe Snow the City had not obtained all the right-of-way. The right-of-way has been obtained at the present time and the stub-outs were being added behind the curbs. That was the reason for the change order. Councilman Wood moved, seconded by Councilman Kenna, to approve Change Order No.1. Motion carried 6-0. 24. Mr. Forester stated the Council had an ordinance before them that the Utility Department was asking for con- sideration. Mr. Forester stated that if the Ordinance was approved it would adjust the water and sewer rates to cover the cost that had been passed on to the City of North Richland Hills by the City of Fort Worth. Mr. Forester stated it was somewhat late in being asked for, but he had delayed in hopes that some settlement May 11, 1981 Page Eight CONSIDERATION OF APPEAL HEARING FOR PZ 81-12 GRANTED CONSIDERATION OF PAYMENT TO J. D. GRIFFITH FOR RUFE SNOW WATER LINE IN THE AMOUNT OF $87,435.08 APPROVED CONSIDERATION OF PAYMENT TO SHARROCK ELECTRIC FOR SIGNAL LIGHTS IN THE AMOUNT OF $10,438.08 APPROVED CONSIDERATION OF CHANGE ORDER NO.1, RUFE SNOW WATER LINE EXTENSION APPROVED CONSIDERATION OF ORDINANCE AMENDING THE WATER AND SEWER RULES, REGULATIONS, POLICIES AND PRO- CEDURES APPROVED ORDINANCE NO. 897 could be reached between the Tarrant County Utility District and the City of Arlington. An agreement has not been reached and he felt he had waited as long as possible. Mr. Forester stated the increases had been passed on to the City several months ago, the sewer increase had been passed on seven months ago and the water three months ago. Councilman Kenna asked at what rate the City was falling behind as a result of inactivity if the Council chose not to approve the ordinance. Mr. Forester stated in the last seven months the Sewer Department had lost approximately $10,000.00 and at the current useage approximately $11,500.00 in the Water Department. Councilman Hubbard moved, seconded by Councilman Kenna, to approve Ordinance No. 897, effective date May 20, 1981. Councilman Wood expressed his appreciation to Cecil Forester on his efforts in this department. Motion carried 6-0. 26. Councilman Kenna stated the Industrial Committee had met this date and approved the Resolution for Ohio Sealy. The Council also needed to approve the Resolution. Mayor Faram read the following caption of the Resolution: RESOLUTION APPROVING AN AGREEMENT BY THE NORTH RICHLAND HILLS INDUSTRIAL DEVELOP- MENT CORPORATION TO ISSUE BONDS FOR SEALY MATTRESS COMPANY OF FORT WORTH, THE BOND RESOLUTION PROVIDING FOR THE ISSUANCE OF SUCH BONDS, AND A GUARANTEE AGREEMENT WITH OHIO-SEALY MATTRESS MANUFACTURING COMPANY. Councilman Wood moved, seconded by Councilman Kenna, to approve Resolution No. 81-10. Motion carried 6-0. May 11, 1981 Page Nine CONSIDERATION OF RESOLUTION ON OHIO SEALY APPROVED RESOLUTION NO. 81-10 27. Mayor Faram adjourned the meeting of May 11, 1%81. ADJOURNMENT ,d~/hn/ Dick Faram - Mayor