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HomeMy WebLinkAboutCC 1980-02-25 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, FEBRUARY 25, 1980 - 7:00 P.M. 1. Mayor Faram called the meeting to order February 25, 1980 at 7:00 p.m. 2. Present: Dick Faram Denver Mi 11 s Jim vlood Dave Freeman Jim Cato Lena Mae Reeder STAFF: Tom Paul Jeanette ~'oore Richard Albin Rex McEntire Jim Anderson ABSENT: Sid Cavanaugh John r1i chener 3. The invocation was gi ven by r'1ayor Faram. ~·1ayor Councilmen Councilwoman CALL TO ORDER ROLL CALL City Manager City Secretary City Engineer City Attorney Director Public Works Councilman Councilman .~ -¡- . Councilman Wood moved, seconded by Councilman Mills, to postpone the minutes of February 11, 1980, due to the abstentions that would be required. Motion carried 5-0. 5. Mayor Faram advised the Council this case had been postponed previously because of the uncertainty of the boundary lines with Haltom City. Counei lman Wood moved, seconded by Counci 1man ~1i 11 s, to approve PZ 79-43, Ordinance No. 800. Councilman Wood asked the City Engineer to clarify the requests that were listed on the Public Works Information Sheet pertaining to this request. H¡^. J~ 1 bi n stated it was hi s recommendati on that the city foot accept dedication of the drainage easements for the reason the city did not want to accept the maintenance problems of the easements. Mr. Albin stated this particular plat showed the easements, but they were not defined or tied àown. Hr. Albin stated that at such time the final plat was submitted for approval he would request that the nomenc1ator of the drainage easements be changed so no one could construe the city was accepting dedications of the easements. INVOCATION r.nNUTES 2-11-80 POSTPONED CONSIDERATION & APPROVAL OF ORDINANCE FOR PZ 79-43, REQUEST OF JERRY STEVENS, MEADOW LAKES ADDITION, SECOND FILING, ORDINANCE NO. 800 APPROVEÒ February 25, 1980 Page 2 Councilman Mills stated there was nothing on th~ plat showing the size of the houses or the schedule of development that was required under Planned Development zoning. Mayor Faram asked if this was a requirement or could the Council simply require it. Councilman Cato stated it was a requirement on Planned Development, it was optional on Specific Use. Mr. Anderson stated there was somewhat of an unusual situation, what was really being discussed was Planned Development for residential. Mr. Anderson stated most Planned Development was primarily for one big lot and location of buildings on that lot. Mr. Anderson stated by handling the lot situation, the city had tied down the building set-up. Mr. Anderson stated the builder simply did not know where the houses would go on the lots. The builder would have to comply with the City Zoning Ordinance and Building Code. Councilman Mills asked Mr. Anderson if he knew the size of houses that would be built. Mr. Anderson stated there was a stipulation to be put on the plat of not less than 1,800 square feet of living space. Mr. Anderson stated that Mr. Stevens had indicated he would have deed restrictions of 2,000 square feet of living space. Councilman Mills asked what the schedule for construction would be. Mr. Jerry Stevens, builder, appeared before the Council. Mr. Stevens stated he was supposed to start construction on Phase III this Spring, but tight money and slow sale of lots in Phase II had moved the date back a year. Mr. Stevens stated the lots would be available in the Spring of 1982. Mr. Stevens stated there was a possibility that he could move in sections. Mr. Stevens stated that as a builder he would hate to be pinned to a position that he would have to go back through Planning and Zoning. Mr. Anderson stated the reason th~ Planned Development was before the Council was because the original request haà been for existinq zoning., The Counci 1 haà wanted to protect itself in event the project changed hands and they did not want someone coming in and building multi-family so this Planned Development was basically at the Council's request. Councilman Wood withdrew hi~ motion. Councilman Mills withdrew his second. Councilman Cato moved, seconded by Councilwoman Reeder, to approve PZ 79-43, Ordinance No. 800, with the following requirements: 1. Building lines on Lot 4, Block 11, Fossil Creek Trails Additional, and Lot 85, Block 3, Meadow Lakes, 2nd filing, be revised to 30 feet. 2. Homes on corner lots with 25 foot and 15 foot building lines must face in the direction of the 25 foot line. 3. Approval is subject to the provision of the additional utility easements requested by TESCO and the city. 4. The city does not accept dedication of, or maintenance responsibility for, the lagoon drainage easements. 5. Homes not to be less than 2,000 square feet of living space and the passing of this ordinance is contingent on the culmination of realignment of city boundaries with Haltom City on Big Fossil Creek. Motion carried 5-0. 6 & 7. Mayor Faram advised the Council a letter had been received by the city indicating the applicant no longer had the authority to request this zoning. Item 6 & 7 would be deleted from the agenda. 5. Mayor Faram opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Bob Noble appeared before the Council. Mr. Noble stated this tract of land was originally presented last month to the Council for rezoning as duplexes. Mr. Noble stated they were now requesting to rezone this tract one family dwellings with a minimum of 1,500 square feet. ,> February 25, 1980 Page 3 PUBLIC HEARING - APPEAL HEARING FOR PZ 79-44, REQUEST OF ROY KELLEY, JR., TO REZONE BLOCK 19, CLEARVIEW ADDITION FROM COMMERCIAL TO COMMERCIAL SPECIFIC USE-SALE OF USED AUTOS CONSIDERATION OF ORDINANCE FOR PZ 79-44 PUBLIC HEARING - PZ 80-1 REQUEST OF ROBERT E. NOBLE & CHARLIE DAVIDSON TO REZONE TRACT 2A, ABSTRACT 1625 & LOT 4, E120'3, BLOCK M & LOT N165123, BLOCK N, SMITHFIELD ADDITION, FROM AGRICULTURE TO PROPOSED CLASSIFICATION OF INDUSTRIAL Councilman Mills asked if the tract that was excluded from the last request was being included in this request. Mr. Noble stated nothing had been excluded the last time and nothing was excluded this time. Mrs. Margie Nash, Planning and Zoning Member now present. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. There being no one to speak in opposition of this request, Mayor Faram closed the Public Hearing. 9. Councilman Wood moved, seconded by Councilman Freeman, to approve Ordinance No. 801. Motion carried 5-0. 10. Mayor Faram opened the Public Hearing on PZ 80-2 and called for anyone present wishing to speak in favor of this request to please come forward. Mr. Tom Elting, employed by Henry S..Mi11er Corporation, appeared before the Council. Mr. Elting stated they!were in the process of re-developing Richland Plaza Center which has become a transitionary piece of property. The Northeast Mall and North Hills Mall had caused the Shopping Center to fall from the retail posture down to what amounts to now, light manufacturing and warehousing. Mr. Elting stated they. would like to rezone the property from Commercial and Industrial to total Industrial in order to accomplish their aim to develop the property to light manufacturing, showroom and warehousing type of development in lieu of the declining retail. Mr. Elting stated they. had a very good tenant located there now, the Tandy Electronics, manufacturers of Radio Shack Computers. Mr. Elting stated there were approximately 420 people employed at Tandy. Mr. Elting showed the Council a layout of the plans. Mayor Faram asked Mr. Elting if he had any tenants in mind at this time. February 25, 1980 Page 4 CONSIDERATION AND APPROVAL OF ORDINANCE FOR PZ 80-1 APPROVED ORDINANCE NO. 801 PUBLIC HEARING PZ 80-2, REQUEST OF RFV CORPORATION TO REZONE TRACT A, BLOCK A, RICHLAND PLAZA ADDITION, FROM COMMERCIAL & INDUSTRIAL TO PROPOSED CLASSIFICATION OF INDUSTRIAL February 25, 1980 Page 5 Mr. ~ltirig stated the Tandy Corporation anticipated expansion and they anticipated them occupyingothe space. Councilman Mills asked if the entire property was called Tract A, Block A. Mr. Elting replied yes. Councilman Freeman asked what activity they were restricted to under the present zoning. Mr. Shelton stated the area next to the old J.C. Penny's Store was spot-zoned Industrial and the balance was Commercial. Councilman Freeman stated that spot was zoned for Motorola . and at the time they knew what would be manufactured. Councllman Freeman stated he was worried what the city might end up with if they zoned it not knowing what would be manufactured. ~1r. Joe Lancaster, presi dent, Henry S. ~1i 11 er Corporati on, appeared before the Council. Mr. Lancaster stated the question was difficult to answer since they did not know what type of tenants they would attract. Mr. Lancaster stated he would assure the Council that they had attempted to manage Richland Plaza in a manner that it would be a good neighbor in the area in which it was located. Mr. Lancaster stated any future tenant would be carefully screened to make certain that the business would be compatible with the neighborhood. Councilman Freeman asked Mr. Lancaster if he was talking about a company along the lines of electronics. Mr. Lancaster stated he would describe it as a light assembly type operation. Councilman Catostated the only thing Industrial zoning would add to Commercial would be concrete products, asphalt batching plant and light manufacturing. Councilman Cato asked if there was a load limit on Grapevine Highway or Rufe Snow for heavy trucks. Mr. Anderson stated the State load limit on Grapevine Highway was 80,000 and north of Loop 820 on Rufe Snow the limit was 40,000. -\ February 25, 1980 Page 6 Mr. Lancaster stated they were under a time pressure and would like to suggest the Council approve this request specifically for the Tandy Corporation and contin~ent on the Corporation working with the City Staff to work out the limitations, to be in writing. Councilman Wood asked Mr. Lancaster if they had discussed the drainage improvements with the Birdville Independent School District or the City Staff in getting the flow of water a~ay from the street and into the creekbed. Mr. Elting stated yes, he had met with the School District and they were working on an agreement. Councilman Wood asked Mr. Anderson if he was involved in these discussions. Mr. Anderson replied yes, he was satisfied with the progress being made on the drai~age improvements. Councilman Mills asked Mr. Anderson if he was satisfied there would be no additional traffic burden that would warrant signalization at some future date. Mr. Anderson stated it depended on what was put in and how many employees were employed. Mr. Anderson stated that at the present time an additional 200 employees would be handled provided a staggered shift operation It/as maintained. Mayor Faram called for anyone wishing to speak in opposition of this request. There being none, Mayor Faram closed the Public Hearing. 11. ~1ayor Faram stated the Planning & Zoning Commission had recommended approval of this request with a strong recommendation to get with Birdvi'le I.S.D. on the drainage problems. Councilman Mills moved, seconded by Councilman Wood, to approve PZ 80-2, Ordinance No. 802, with the following exclusion of asphalt paving batching plants, concrete products (manufactured) and concrete batching plant5. CONSIDERATION OF ORDINANCE FOR PZ 80-2 APPROVED ORDINANCE NO. 802 Motion carried 5-0. 12. Mayor Faram opened the Public Hearing on PZ 80-3 and called for anyone wishing to speak in favor of this request to please come forward. Mr. Delbert Stembridge, engineer~ appeared before the Council representing Mr. Thomas Johnson. Mr. Stembridge stated Mr. Johnson owned Big Tom's Bar-B-Q located in the old Ashburns Ice Cream building. r~r. Johnson served Bar-B-Q and \'/ould like to sell beer on premise to go with the food. Mr. Stembridge stated Mr. Johnson thought he would increase his food sales if allowed to sell beer. Mr. Stembridge stated there were other establishments in the area that did sell beer on premise. Councilman Cato asked Mr. Stembridge where the places were that sold on premise. Mr. Stembridge stated the nearest one would be Red Lobster. Councilman Wood stated the way the ordinance read Local Retail - Specific Use - Sale of·Alcoholic Beverage stated mixed drinks. Councilman Wood asked Mr. Stembridge if he was requesting mixed drinks and/or beer only. Mr. Stembridge stated beer only. Councilman Wood asked the City Attorney if the city received a request for Local Retail - Specific Use - Sale of Alcoholic Beverages, could the city specify it was limited to beer only and not mixed drinks. Mr. McEntire stated he could not answer at this time. Councilman Wood asked if the Council frequently granted this type of request to an individual. Mr. McEntire stated irr the future it would be in an individual IS name when the new ordinance was passed. Councilman Wood ~sked the City Attorney for his recommendation on this request. Mr. McEntire stated the problem wouid be corrected by the next Council meeting. Councilman Wood asked if he was suggesting the Council postpone action on this item. Mr. McEntire stated yes, the problem would be corrected by the next meeting. Mayor Faram asked if it would create a hardship if action was delayed. -s February 25, }980 Page 7 PUBLIC HEARING - PZ 80-3, REQUEST OF THOMAS JOHNSON HITH BIG TOW S BAR-B-Q TO REZONE A PORTION OF BLOCK 2, RICHFIELD PLACE COMMERCIAL ADDITION FROM LOCAL RETAIL TO PROPOSED CLASSIFICATION OF LOCAL RETAIL - SPECIFIC USE - SALE OF ALCOHOLIC BEVERAGES Mr. Stembridge replied no. Mr. Tom Johnson appeared before the Council. Mr. Johnson stated the Market Basket in the same shopping center sold beer for off-premise. Mayor Faram stated the problem was that the city was unable to separate the mixed drinks and the beer at this point and it was his understanding that it would not create a hardship for a delay of a decision on this pending an ordinance that would give the city the authority to separate the two. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. There being no one in opposition, Mayor Faram closed the Public Hearin9· 13. Councilman Wood moved, seconded by Councilman Mills, to postpone this request until the March 10, 1980, Council meeting, subject to the 1eqal notification requirements for a change in the ordinance on Specific Use - Sale of Alcoholic Beverages. Mayor Faram asked the City Attorney if there was a possibility, under legal laws, to have the ordinance ready for the next meeting to make a decision. Mr. McEntire stated the ordinance probably would not have to be published, he would check it out. Motion to postpone carried 5-0. 14. Councilman Wood moved, seconded by Councilman Freeman, to approve payment to Universal Tank & Iron t'lorks, Inc. in the amount of $27,157.95. Councilman Cato asked if a way had been found to inspect the tank. Mr. Albin stated a list of inspection had been delivered to the City Inspection Department. Mr. Albin stated most of the inspection was done by specialized testing labs. Mr. Albin stated he reviewed the lab inspections to make sure the labs did the work. Councilman Mills asked if the tank would be completed by Apr'i1 4. Mr. Paul stated he anticipated June 1st. Motion to approve carried 5-0. February 25, 1980 Page 8 CONSIDERATION OF ORDINANCE FOR PZ 80-3 POSTPONED CONSIDERATION & APPROVAL OF PAYMENT TO UNIVERSAL TANK & IRON WORKS, INC. IN THE AMOUNT OF $27,157.95, 2.0 MG ELEVATED STORAGE TANK, BURSEY ROAD, ESTIMATE # 6 APPROVED 15. Councilman Mills moved, seconded by Councilwoman Reeder, to approve payment to Walker Construction Company in the amount of $1,005.00. Councilman Mills asked who approved the change order. Mr. Dixson stated Mr. Paul had approved the change order. Mr. Paul stated that it ~ot to the point that he felt like the chance order had to be approved so as not to add additional cost. ~. Paul stated it was his.under~ta~dina. that a chanç¡e order 111l"r could be slgned lf lt was less than $2,000.00, /,. {.J;l if over this amount the Counc 11 had to approve:]? .-.-1 Motion carried 5-0. 16. Mr. Paul stated this was an amount of money that there was no way of bud~eting. Money was budgeted in this account, but in puttinq in new subdivisions they could come in all in one year or over a period of five years. Mr. Paul stated that Mr. Anderson felt that when money was cominq out of this particular account it had pushed this account to the point that he could not function properly and when funds become available take it from the General Fund. Councilman Mills moved, seconded by Councilman Wood, to approve reimbursing Traffic Control Division $3,510.00 from the General Fund. Motion carried 5-0. Mayor Faram called a fifteen minute recess. Mayor Faram called the meeting back to order. The same Council members and Staff were present as recorded at the beginnin~ of the meeting. 17. Councilman Freeman moved, seconded by Councilman Mills, to approve Traffic Engineering Contract in the amount of $6,100.00, extra cost for technical inspection to be done at cost. Motion carried 5-0. -\ February 25, 1980 Page 9 CONSIDERATION & APPROVAL OF REOUEST FROM LARRY W. DIXSON, ARCHITECT, FOR PAYMENT OF CONSTRUCTION CHANGE ORDER FOR CENTRAL FIRE STATION IN THE AMOUNT OF $1,005.00 TO WALKER CONSTRUCTION COMPANY APPROVED CONSIDEPATION AND APPROVAL TO REIMBURSE TRAFFIC CONTROL DIVISION FROM GENERAL FUND IN THE AMOUNT OF $3,510.00 FOR STREET SIGNS APPROVED RECESS CONSIDERATION AND APPROVAL OF TRAFFIC ENGINEERING CONTRACT PROPOSAL WITH PAWA, INCORPORATED REGARDING TRAFFIC SIGNALS APPROVED February 25, 1980 Page 10 18. Councilman Mills moved, seconded by Councilman Wood, to accept the bid of Alexander & Alexander Insurance, in the amount of $43,100. CONSIDERATION OF BIDS ON LIABILITY INSURANCE APPROVED Mr. Roy Miller, Agent for Alexander & Alexander, appeared before the Council. Mr. Miller stated the increase was due to increased wages and inflation. Motion carried 5-0. 19. Councilman Freeman moved, seconded by Councilman Wood, to approve Ordinance No. 803, Ordinance amending the Gas Ordinance. Motion carried 5-0. CONSIDERATION & APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 336 - GAS ORDINANCE APPROVED ORDINANCE NO. 803 20. Mayor Faram adjourned the meeting of February 25, 1980. ADJOURNMENT /C>ÛÀ~¡h# ßllCK Faram, . ayor ATTEST: