Loading...
HomeMy WebLinkAboutCC 1981-06-22 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, JUNE 22, 1981 7:30 P.M. 1. Mayor Faram called the meeting to order at 7:30 p.m., June 22, 1981. CALL TO ORDER 2. Present: Dick Faram Jim Kenna J. C. Hubbard Wiley Thomas Jim Ramsey gavewFreeman 1m OOd Staff: Denni s Horvath Jeanette Moore Rex McEntire Richard Albin Assistant City Manager City Secretary City Attorney City Engi neer Councilmen Mayor ROLL CALL Press: Mike Patterson Robin Watson Ft. Worth Star Telegram Mid Cities Daily News Absent: Sharyl Groves Charles Williams Councilwoman City Manager 3. The invocation was given by Councilman Freeman. 4. Councilman Hubbard moved, seconded by Councilman Ramsey, to approve the minutes of the regular meeting of June 8, 1981. Motion carried 5-0; Councilman Wood abstaining due to absence from the meeting. 5. Councilman Hubbard moved, seconded by Councilman Ramsey, to approve the minutes of the emergency meeting of June 10, 1981. Motion carried 5-0; Councilman Keena abstaining due to absence from the meeting. 6. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. INVOCATION APPROVAL OF MINUTES OF THE REGULAR MEETING JUNE 8,1981 APPROVED APPROVAL OF MINUTES OF THE EMERGENCY MEETING JUNE 10,1981 APPROVED PLANNING & ZONING PUBLIC HEARING - PZ 81-11, REQUEST OF T.F. ABBOTT, JR. AND E.F. ABBOTT 10 REZONE A PORTION OF BLOCK N, TOWN OF SMITHFIELD FROM AGRICULTURE TO IF-9-1500 Mr. Delbert Stembridge, engineer, 3729 Flory, appeared before the Council. Mr. Stembridge st~ted he was representing Mr. Abbott in this request that this tract of land be rezoned from agricultural to IF-9. This tract is located on Main Street in Smithfield. Mr. Stembridge stated Mr. Abbott desired to build a residence there which he planned to reside in. In order to obtain a building permit it was necessary to have the zoning changed. 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. 7. Councilman Thomas moved, seconded by Councilman Ramsey, to approve PZ 81-11, Ordinance No. 901. Motion carried 6-0. 8. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval subject to the engineer~ comments and all comments had been agreed to. Councilman Kenna moved, seconded by Councilman Ramsey, to approve PS 81-11. Motion carried 6-0. 9. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. David Barfield, 6825 Precinct Line Road, appeared before the Council. Mr. Barfield stated he was representing Key Branch Industries. Mr. Barfield stated he bought the property sometime ago and sold it to Key Branch and Key Branch approached him about building an office building. Mayor Faram asked Mr. Barfield if he was the owner of the property at this time. Mr. Barfield stated he was not the owner, he was representing Key Branch. Mr. Barfield stated he first approached the situation under a Planned Unit Development. There were some problems on getting Planned Development on one tract of land and it was suggested that he come back with Local Retail-Specific Use- Office Building. Page 2 June 2~~ 981 CONSIDERATION OF ORDINANCE FOR PZ 81-11 ORDINANCE NO. 901 APPROVED PLANNING & ZONING PS 81-21, REQUEST OF T.F. ABBOTT,JR. AND E.F. ABBOTT FOR FINAL PLAT OF LOT 23C, BLOCK N, TOWN OF SMITHFIELD APPROVED PUBLIC HEARING - PZ 81-13, REQUEST OF KEY BRANCH INDUSTRIES TO REZONE TRACT 3U, ABSTRACT 1055, T.K. MARTIN SURVEY FROM AGRICULTURE TO LOCAL RETAIL- SPECIFIC USE- OFFICE BUILDING Mr. Barfield stated he wanted to build a particular building. Mr. Barfield stated it was his opinion that Precinct Line Road was a major thoroughfare. In Hurst and across the street from this property was commercial. Mr. Barfield stated his property was approximately 450 feet deep and he proposed to use only the front or 175 to 200 feet of the property. The back portion of the property would remain as is, all trees and vegetation as part of a buffer zone. Mr. Barfield stated he thought the building he planned to build would be an asset for North Richland Hills. Mayor Faram asked Mr. Barfield if he was aware of a water service line that went through the middle of the property in question. Mr. Barfield stated he was aware of the water line; it would have to be moved to the easement. Mr. Barfield stated the line was not in the easement and he would move it at his own expense. Mr. Barfield stated it was suggested by the City Engineer that a six or eight inch line needed to be put in. Mr. Barfield stated he had agreed to put in the line and also agreed to give right-of-way for Precinct Line Road. Mr. Barfield stated there were plans in the making for the widening of Precinct and about 15 feet of right-of-way would be needed. Mayor Faram asked Mr. Barfield who he had been in contact with on the widening of Precinct Line Road. Mr. Barfield stated he had been in contact with the City of Hurst. Mayor Faram asked how wide they proposed to make Precinct Line. Mr. Barfield stated about 80 feet wide. Councilman Ramsey stated he would like to thank Mr. Barfield for hi s i ndul ence and pati ence he showed the city whil e goi ng through this process. Councilman Ramsey stated that the city was in the middle of coming up with a Master Plan and there was some discussion on whether or not Mr. Barfield had followed the appropriate zoning classifications. Councilman Ramsey asked Mr. Barfield if he was a principle with Key Branch or owned part of the company. Mr. Barfield stated no, he did not own the property. He had an option with Key Branch. Councilman Ramsey asked Mr. Barfield if he owned the property until October 1980. Mr. Barfield replied yes. Mr. John McNary owned all the property and the bank foreclosed and in order to control the right-of-way to his property he had to buy it. Mr. Barfield stated he sold June 22, 1981 Page 3 the property to Key Branch with the understanding that if they put the office plan together they would sell it back to him. Councilman Ramsey asked Mr. Barfield how he entered his property at the present time. Mr. Barfield stated there was a sixteen foot right-of-way along the northern part of the property which he had. There was also a 60 foot strip about 500 feet down the road that touched Precinct Line Road. Councilman Ramsey stated he had been advised that Mr. Barfield might not have access, that it might possibly be taken away from him. Mr. Barfield stated that was not true. The right-of-way was filed of record with the County, dedicated and signed by the bank. Councilman Ramsey stated there was a sign on the property that said it was a private road and there were two residents behind the property. Councilman Ramsey asked if the private road was the only access to both parties. Mr. Barfield stated the road belonged to him and that would remain. The road would be the access to the office building and he would turn it into a street with paving and curb and gutter. Councilman Ramsey stated another question had been asked of him and that was if Mr. Barfield was so concerned with the neighborhood why did he sell the property. Mr. Barfield stated one thing was economics. He did not really want the property except to build an office on, but the fact he had invested so much money and John McNary was losing it he bought it to control and keep the road in. Councilman Ramsey stated he could not speak for the entire Council, but he was not convinced this was the best use. Councilman Ramsey stated that when it was rezoned to a different classification it was automatically establishing the direction of the future growth. Councilman Ramsey stated he was not saying that the area in the future should not be commercial, today he was saying it should not be. Mr. Barfield stated he bought the property to control it because he planned to make his home here. June 22, 1981 Page 4 June 22, 1981 Page 5 Councilman Wood stated the preliminary plat showed a sixteen foot right-of-way on the north of Lot 3U. Councilman Wood asked if the right-of-way actually crossed the lot to the west, Lot 3Ul. Mr. Barfield replied yes. Councilman Kenna asked Mr. Barfield if he was going to try and protect the top of hill in its natural state and would the sixteen foot of right-of-way go all the way to the top of the hill. Mr. Barfield stated that his plans at the present time was to continue the right-of-way all the way through the property up to and abutting the other property. Mr. Barfield stated the property owners at the top of the hill, Lot 3Ul, with their approval, he would continue the road on past them. Mr. Barfield stated the street would be paved and would probably be wider than sixteen feet. The street would be a private street all the way through his property to the other property line. Councilman Kenna asked if there were others living on the hill that would have to use the street for egress-ingress. Mr. Barfield stated the way the property was set up the property to the west of 3Ul, in order for the bank to clear this out they required that he dedicate the right-of-way. Mr. Barfield stated there was about a 2.6 acre tract behind this property which the easement was also granted to. The same people own the 2.6 acres and Lot 3Ul. Mayor Faram asked which tracts had houses built on them that had to share the private road and when were the houses built. Mr. Barfield stated the house on the hill was about 40 years old. Mayor Faram stated he did not know the city had private roads servicing more than one residence. Mrs. Calvert, Planning & Zoning Coordinator, stated the Board of Adjustment had given them a variance to use the road. Mayor Faram stated the street would have to be put in to city specifications. Mr. Barfield stated they would put the street in according to city specifications. June 22, 1981 Page 6 Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. Mrs. Cleta Oggier, 6821 Precinct Line Road, appeared before the Council. Mrs. Oggier stated that when this request first came before the Planning & Zoning Commission on April 30, 1981, she got notification of the meeting and she got all the property owners within 200 feet to oppose it. Mrs. Oggier stated she did not get notification for the May 28th meeting or she would have been able to get more signatures. Mrs. Oggier stated she did not find out about the meeting tonight until the day before at 5:00 p.m. Mrs. Oggier stated that in reference to the private road, Mr. and Mrs Cord owned the property along with about 100 acres. The property got down to about 26 acres where they built a house about 40 years ago on the very top of the hill. Mrs. Oggier stated that was the house that she presently owned. At the time she bought the house there was a roadway to it that Mr. and Mrs. Cord used even though they had other access. When John McNary bought the other property from Mrs. Cord he moved the road a little to the north so it would go along the north property line. Mrs. Oggier stated she bought the property in March of 1980 and continued to use the street. Mrs. Oggier stated John McNary did not lose the property in foreclosure. Mayor Faram asked Mrs. Oggier who actually owned the sixteen foot right-of-way. Mrs. Oggier stated she assumed Key Branch owned it up to her property line. Mayor Faram asked Mrs. Oggier is she would be landlocked without the right-of-way. Mrs. Oggier replied yes. Mrs. Oggier stated that at the present time there were no commercial buildings on Precinct Line Road on North Richland Hills' side from Grapevine Highway to the County garage. Mrs. Oggier stated she could not see taking a 150 foot strip and building an office building in nowhere. Mrs. Oggier asked if the building was built soon, would it be on septic tank since there was not sewer available in the area. Mayor Faram stated the building would have to be on a septic tank. Councilman Kenna asked who owned the property to the north of the property in question. Mrs. Oggier stated that Mrs. Rosna owned it and she also wanted the area left residential. Mr. Oscar Oggier, 6821 Precinct Line Road, appeared before the Council. Mr. Oggier stated that in this particular instance he felt Key Branch bought a piece of property that was intended as agriculture and it would be an abortion to have that wooded section on the hilltop made anything but residential. Mr. Oggier stated that if the Council did approve the request it was his hope that they show some clout and if Key Branch said they were going to keep the last 180 feet in trees and have curb and gutter make them stick to their word. There being no one else wishing to speak, Mayor Faram closed the public hearing. 10. Councilman Ramsey moved, seconded by Councilman Wood, to deny PZ 81-13. Councilman Freeman asked if the city's consultants had looked at the area and had any recommendations. Mr. Horvath stated no. Councilman Freeman asked if the staff had approached the consultants for guidance. Mr. Horvath stated the consultants attended the meeting when Mr. Barfield withdrew his request for Planned Development, but had no recommendations. Councilman Wood stated he was concerned about the way this case had been handled. All the engineer's comments were based on Planned Development. Mr. Albin stated they had only reviewed the case for planned development. They had not had an opportunity to review it since the change. Councilman Wood asked Mr. Albin if he felt a septic tank would be able to handle the office building. Mr. Albin stated the engineers depended on the Health Department on the septic system and Key Branch had documentation from them. Councilman Wood asked City Attorney McEntire if this could be considered spot zoning. Mr. McEntire stated it could be considered spot zoning. June 22, 1981 Page 7 CONSIDERATION OF ORDINANCE FOR PZ 81-13 ORDINANCE NO. 902 DENIED Councilman Wood stated that in view of the City Attorney's answer, he would like to make a substitute motion; because of the circumstances surrounding this zoning request that it be referred back to the City Staff. Councilman Freeman asked why Councilman Wood wanted to refer it back to the Staff. Councilman Wood stated that if the staff could not come up with satisfactory answers to some of the questions it would not come back to the Council. Mayor Faram asked Councilman Wood what additional information he wanted. Councilman Wood stated that regardless of what type of building was built, with the present system, he personally did not think it would work. Mayor Faram stated he would have to speak against the substitute motion because this case had been discussed by the staff and also an extra meeting had been held on it. Mayor Faram stated the Council had the information on the right-of-way and the private road. It now came down to a policy making decision and he could not see what additional information was needed. Now was the time to make the decision. Councilman Ramsey stated he agreed with Mayor Faram, it was time to make a decision. Councilman Kenna stated he did not feel the sixteen foot street would serve the top of the hill and he thought more thought should be put into this on the part of the developer. Councilman Kenna stated he did not feel the Council could commit to this type of development that actually blocked egress and ingress to the top of the hill. Substitute motion failed by a vote of 4-2; Councilmen Thomas, Ramsey, Kenna and Hubbard voting against; Councilmen Wood and Freeman voting for. Original motion to deny 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. Delbert Stembridge, engineer, representing Mrs. Wilson appeared before the Council. Mr. Stembridge stated Mrs. Wilson would like to have the property rezoned so she could build a home on it. June 22, 1981 Page 8 PUBLIC HEARING - PZ 81-18, REQUEST OF ROSE J. WILSON TO REZONE A PORTION OF LOT 6, DAWN KING ADDITION FROM AGRICULTURE TO 1 F-9 June 22, 1981 Page 9 Councilman Wood asked Mr. Stembridge if he knew the size of house Mrs. Wilson planned to build. Mr. Stembridge replied no. Councilman Wood stated that according to the Planning & Zoning minutes no one knew what size house Mrs. Wilson wanted to build. Mr. Stembridge stated he did not know the size of house Mrs. Wilson wanted to build, but it would conform to IF-9 zoning. 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. 12. Councilman Freeman moved, seconded by Councilman Hubbard, to approve PZ 81-18, Ordinance No. 903 with the stipulation the ordinance would state ''IF-9-l500''. Motion carried 6-0. CONSIDERATION OF ORDINANCE FOR PZ 81-18 ORDINANCE NO. 903 APPROVED Mayor Faram called a fifteen minute recess. 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. 13. Mayor Faram advised the Council the Planning & Zoning Commission had recommended approval subject to the engineer's comments and the owners had agreed with all comments. BACK TO ORDER Councilman Kenna moved, seconded by Councilman Thomas, to approve PS 81-18 subject to the engineer's comments. Motion carried 6-0. PLANNING & ZONING CONSIDERATION OF PS 81-27, REQUEST OF ROSE J. WILSON FOR REPLAT OF LOT 6A, DAWN KING ADDITION APPROVED PLANNING & ZONING PUBLIC HEARING - PZ 81-21, REQUEST OF BATES CONTAINER TO REZONE LOTS 17- 21, BLOCK J, SMITHFIELD ADDITION FROM LOCAL RETAIL AND IF-9 TO INDUSTRIAL 14. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Delbert Stembridge, engineer, representing Bates Container, appeared before the Council. Mr. Stembridge stated Bates owned five lots, four lots were zoned IF-9 and one Local Retail. Bates wanted to install solar panels on these lots for solar energy for their plat. Mr. Stembridge stated to do this they felt they needed to change the zoni ng to industrial. Councilman Kenna asked if the city had an ordinance to restrict the height of objects being constructed to the east and west of Bates. June 22, 1981 Page 10 Mayor Faram instructed the Staff to check the records and see if an ordinance had been passed on restricting the height of buildings and/or signs surrounding Bates. Mayor Faram called for anyone present 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. 15. Mayor Faram advised the Planning & Zoning Commission had recommended approval. Councilman Thomas moved, seconded by Councilman Wood, to approve PZ 81-21, Ordinance No. 904. CONSIDERATION OF ORDINANCE FOR PZ 81-21 APPROVED ORDINANCE NO. 904 Motion carried 6-0. 16. Mayor Faram stated the Planning & Zoning Commission had recommended approval subject to the engineer's comments and staff recommendation that a 8" water line be installed. Councilman Kenna moved, seconded by Councilman Ramsey, to approve PS 81-26. PLANNING & ZONING CONSIDERATION OF PS 81-26, REQUEST OF BATES CONTAINER FOR REPLAT OF LOT l7R, BLOCK J, SMITHFIELD ADDITION APPROVED Councilman Freeman asked if the stipulation regarding the water line should be in the motion. Mr. Stembridge stated Bates was going to extend the water line. Mr. Stembridge stated he had the plans and would submit them to the City Engineer. Councilman Ramsey asked if the motion needed to be clarified. Mayor Faram stated he would prefer the motion be clarified. Councilman Ramsey withdrew his second. Councilman Kenna moved, seconded by Councilman Ramsey, to approve PZ 81-26 with the stipulation Item #2 (8" water line) of the engineer's letter be taken care of. Motion carried 6-0. Mayor Faram advised the Council the appraised value was $473,567,125.00. 17. Councilman Wood moved, seconded by Councilman Hubbard, to approve Ordinance No. 905. Motion carried 6-0. CONSIDERATION OF ORDINANCE CERTI- FICATION OF THE 1981-82 TAX ROLL APPROVED ORDINANCE NO. 905 18. Mayor Faram advised the Council that under Section 1, of the ordinance naming the Election Judge and Alternate Judge the name Mrs. Beverly Riley should be inserted as Judge and Mrs. Aline Parker as Alternate Judge. Mr. Brinkley, Chairman of the Advisory Committee, appeared before the Council. Mr. Brinkley stated the committee had input from the Civil Service Commission and also an employee committee. Mr. Brinkley discussed the proposed Charter amendments. (copy of same a part of Ordinance No. 906) Lt. Pat Hughes, North Richland Fire Department, appeared before the Council. Lt. Hughes stated he was on a committee that had representatives from each department. The representatives met with the City Manager and Assistant City Manager and they got a chance to air their views on some of the Civil Service issues that were brought out. Each member on the committee worked long hours with their people trying to come up with some alternatives that everyone would be happy with. Lt. Hughes stated he felt like they had met the challenge. Lt. Hughes stated the committee had polled their people and they felt that what they had submitted to the Council was a fair and equitable plan the employees could support. Mayor Faram stated that on behalf of the Council he would like to thank the employees for their support. Mr. Jim Cato, 6729 Corona, appeared before the Council. Mr. Cato asked when a copy of the amendments would be made available. Mr. McEntire advised a copy would be available Tuesday morning. Mr. Cato stated he questioned the legality of calling an election since the State Law stated a Charter could only be amended every two years. Mr. McEntire stated the City Charter had not been amended in the last two years. Mr. McEntire stated an attempt does not constitute a change. Councilman Wood moved, seconded by Councilman Kenna, to approve Ordinance No. 906 with the stipulation that under Section 18 the following be added: "Such cases shall be advanced on the docket of such court and shall be given a preference setting over all other cases and shall be tried under the Substanial Evidence Rule." Councilman Kenna stated he would like to thank the citizens and employees that helped with the amendments. Motion carried 6-0. June 22, 1981 Page 11 CONSIDERATION OF ORDINANCE CALLING CHARTER ELECTION FOR AUGUST 8, 1981 APPROVED ORDINANCE NO. 906 June 22, 1981 Page 12 Motion to approve carried 6-0. 19. Councilman Kenna moved, seconded by Councilman Ramsey, to approve payment to Austin Road Company in the amount of $20,164.05. Motion carried 6-0. CONSIDERATION OF PARTIAL PAYMENT TO AUSTIN ROAD COMPANY FOR ESTIMATE #1 IN THE AMOUNT OF $20,164.05 FOR BOOTH CALLOWAY ROAD APPROVED CONSIDERATION OF PAYMENT TO SHARROCK ELECTRIC, ESTIMATE #7, IN THE AMOUNT OF $10,199.77 FOR EMERALD HILL- DAVIS BOULEVARD SIGNALS APPROVED CITIZEN PRESENTA- TION 20. Councilman Thomas moved, seconded by Councilman Wood, to approve payment to Sharrock Electric in the amount of $10, 199.77 . Motion carried 6-0. 21. None 22. Mayor Faram adjourned the meeting of June 22, 1981. ATTEST: