Loading...
HomeMy WebLinkAboutCC 1980-06-09 Minutes é-/- 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, JUNE 9, 1980 - 7:30 P.M. 1. Mayor Faram called the meeting to order June 9, 1980, at 7:30 p.m. CALL TO ORDER 2. Present: Dick Faram Jim Kenna Jim Wood J. C. Hubbard Wi ley Thanas Bob Brady Da ve Freeman Shary 1 Groves Mayor ROLL CALL Counci lmen Counci lwanan STAFF: Chuck Wi 11 i ams Jeanette Moore Richard Albin Allen Bronstad Denni s Horvath J 0 Ann Wi 11 i ams Joe Norton City Manager City Secretary City Engineer Director Utilities Director Parks & Recreation Board of Adjustment Member Press ABSENT: Rex r~cEntire Ci ty Attorney 3. The invocation was given by Reverend Ervin Asiatico of the College Hill Assembly of God Church. I NVOCA TI ON 4. Counci lman \<Iood moved, secrnded by Counci lman Brady, to approve the minutes of the May 12, 1980, meeting as written. Motion carried 7-0. APPROVAL OF MINUTES OF THE REGULAR MEETING MAY 12, 1980 APPROVED 5. Counci lman Brady moved, seconded by Counci lman Wood, to approve the minutes of the special meeting of May 22, !1980. Motion carried 7-0. APPROVAL OF MINUTES OF THE SPECIAL MEETING MAY 22, 1980 APPROVED 6. Mayor Faram opened the Public Hearing and called for anyone wishing to speak in favor of this request to please cane forward. PUBLIC HEARING - APPEAL HEARING FOR PZ 80-15, REQUEST OF COLTE INVESTMENTS LTD., FROM COMMERCIAL TO COMMERCIAL - SPECIFIC USE - SALE OF ALCOHOLIC BEVERAGES Mr. Dan McLeland, representing Jamie's Restaurant, appeared before the Council. Mr. McLeland stated they operated three restaurants in Dallas and Arlington. They specialized in gourmet hamburgers. They also served fish and steak. Mr. McLeland stated they wanted to serve alcoholic beverages in conjunction with their food. Mr. McLeland stated the restaurant would be located next to Penny's warehouse on Bedford Euless Road. Mr. McLeland stated he felt the Planning and Zoning Commission was wrong in denying their request. The sale of alcohol would be less than 20%. Mr. McLeland stated there were other restaurants in the area serving mixed beverages. Mr. McLeland stated the public wanted alcohol to be served with their meals. Mr. McLeland stated that as far as increasing the traffic on Bedford Euless by building a restaurant, the property was presently zoned commercial and any canmercial business would create a traffic problem. Mr. McLeland stated off-street parking had been mentioned as being a problem. Mr. McLeland stated they would not have that problem. They would provide more parking spaces than was required by the City Ordinance. Mr. McLeland stated five permits had been granted in the area and he felt it would be arbitrary and unfair. Councilman Brady asked Mr. McLeland to describe the type of food that would be served. Mr. Mcleland stated Jamie's was the first gourmet hamburger restaurant. They also had fish and steak but specialized in gourmet hamburgers. Councilman Brady asked Mr. McLeland if Jamie's was the owner of the property. Mr. McLeland stated Mr. Bryan Anderson was the owner of the property-. Councilman Hubbard asked what per cent of steaks was sold at Jamie's. Mr. McLeland stated about 20%. Councilman Wood asked Mr. McLeland if he agreed to the ordinance that if the zoning was granted the permit would be issued in the owner's name and the city would have the right to check the books. Mr. McLeland stated he was aware of the ordinance. June 9, 1980 Page 2 June 9, 1980 Page 3 Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. Mrs. Pat Wolverton, 4800 Colorado, appeared before the Council. Mrs. Wolverton stated she lived on the corner of Bedford Euless Road and Colorado. Mrs. Wolverton stated she had lived at this address for twenty years and she felt that as a citizen she had the right to appear before the Council in opposition to this request. Mrs. Wolverton stated she had seen many changes in the city, some were good and some were bad and she felt granting this request was not good. Mrs. Wolverton stated Colorado was a through street and they got all the traffic from Davis Blvd., now and to approve another restaurant on Bedford Euless was wrong and would add to the traffic problem. Mrs. Wolverton stated she represented the residents within 200 feet of the property and had presented a petition in opposition from seven of the nine residents. Councilman Wood asked Mrs. Wolverton if she was against the restaurant or the alcohol. Mrs. Wolverton stated that any restaurant that sold alcohol would bring in the traffic. There being no one else wishing to speak, Mayor Faram closed the Public Hearing. 7. Mayor Faram advised the Council this was an appeal hearing and would require a 3/4 vote of the Council to approve. CONSIDERATION OF ORDINANCE FOR PZ 80-15 DENIED Councilman Kenna moved, seconded by Councilman Wood, to approve PZ 80-15 with the stipulation the permit would be issued in the owner's name and nontransferable. Councilman Brady asked if the area in question was within 200 feet of a church or school. Mayor Faram stated the requirement was 300 feet of a church or school and this was not within that requirement. Councilman Brady asked if there were anymore restrictions. Mayor Faram stated he could not answer that question. Health, safety and welfare could be considerated and traffic would be a consideration. Councilman Brady stated there was a traffic problem and perhaps the city could do something about the problem. Councilman Kenna stated he was in sympathy with Mrs. Wolverton and the neighbors, but the property was zoned commercial and to deny the owner the use of the property would not be in the best interest of the city. A lot of other things could be built there besides a restaurant that would cause a lot more problems. Motion to approve failed by a vote of 4-3; Councilmen Kenna, Brady, Wood and Freeman voting for; Councilmen Thomas and Hubbard and Councilwoman Groves voting against. 8. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak in favor of this request to please come forward. Mrs. Dorothy Alfano representing her brother, Pete Turchiono, appeared before the Council. Mrs. Alfano stated they wanted a Specific Use Permit to sell beer with pizza and spaghetti. Councilman Wood asked Mrs. Alfano if they planned to sell beer only. Mrs. Alfano replied yes. Councilman Wood asked Mrs. Alfano if they were aware that the State would require the same requirements as if they were purchasing a mixed drink license. Mrs. Alfano replied no. Councilman Wood stated that if the Council approved this request it would be with the conditions that it would be beer sales only. Mrs. Alfano stated they would have no objections to the permit being for sale of beer only. June 9, 1980 Page 4 PUBLIC HEARING - PZ 80-16, REQUEST OF ANTONIO'S PIZZA CITY FROM LOCAL RETAIL TO LOCAL RETAIL- SPECIFIC USE-SALE OF ALCOHOLIC BEVERAGES Councilman Brady stated that when Mrs. Alfano appeared before the Planning and Zoning Commission, she did not understand the 60-40 ratio. Councilman Brady asked Mrs. Alfano if she understood the 60-40 ratio and would she have any objections to the City reviewing the records. Mrs. Alfano stated she understood the 60-40 ratio now and would have no objections to the city reviewing the books. 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. 9. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval. Councilman Kenna moved, seconded by Councilwoman Groves, to approve PZ 80-16, Ordinance No. 822, with the stipulation the permit be in the owners name and company name; nontransferable and limited to beer sales only. Motion carried by a vote of 6-1; Councilmen Brady, Wood, Kenna, Freeman, and Hubbard and Councilwoman Groves voting for; Councilman Thomas voting against. 10. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval subject to the Engineer's letter. Councilwoman Groves moved, seconded by Councilman Wood, to approve PS 80-10 subject to the Engineer's letter. Mayor Faram asked if items #3 & 4 had been corrected and approved by the staff. Mr. Albin stated the Engineer's letter date June 4, 1980, in response to item #3, stated that the Bank President had asked that the storm drain plans and parking lot plans be submitted at the time the construction plans of the new bank building were submitted. Mr. Albin stated the Engineer had stated the storm drain would be completed within five years. Mr. Albin stated this was the last word he had from the engineer. Mayor Faram asked if the storm drainage could be controlled in the construction plans. June 9, 1980 Page 5 CONSIDERATION OF ORDINANCE FOR PZ 80-16 APPROVED ORDINANCE NO. 822 PS 80-14, REQUEST OF BANK OF NORTH TEXAS, FOR FINAL PLAT OF LOT 2, BLOCK 2, CARDER ADDITION Mr. Albin stated yes, he would ask that he be able to review the storm drainage in the plans at that time. Councilman Brady asked if the plat could be approved subject to the final acceptance of the City Engineer. Mr. Doug Long, engineer, appeared before the Council. Mr. Long stated the Council could go ahead and approve the plat subject to the City Engineer's approval of the storm drainage. Mr. Long stated they wanted to go ahead and file the plat prior to dOing anything on the storm sewer. Mr. Long stated this plat requirement was a matter they were proposing in order to build the drive-in facilities. The plat had nothing to do with the storm drainage area. The storm drain problem presently there was an existing one created when the property to the east was developed. Mr. Long stated that in order for the Bank of North Texas to correct the problem they would have to tear out the existing driveway and parking facilities. They were proposing to do this with the construction of the new bank building that would be built where the drainage was now. Mr. Long stated they would solve the drain with the construction of the new bank bUilding. Mayor Faram asked Mr. Long what safeguards he would suggest the Council put on the plat to protect the city. Mr. Long stated the only thing that would happen was that if for example, the Council required the storm drainage immediately they would postpone the drive-in windows. Councilman Brady asked Mr. Long if he was suggesting they would complete the drainage in not less than five years if not sooner. Mr. Long stated that if they decided not to build the bank they would go back and fix the drainage. Mr. Long stated fixing the drainage would require the approval of Hurst because it was their system they would have to tie into. Mr. Long stated there were no problems with Hurst at this time. Mayor Faram asked Mr. Long if he had any problems with the five year requirement. Mr. Long replied no. Councilman Kenna asked Mr. Long if when they built the main bUilding they would fix the storm drain at that time. Mr. Long replied yes. June 9, 1980 Page 6 Councilwoman Groves amended her motion, seconded by Councilman Kenna, to state the storm drain would be fixed within five years and final review of the construction plans by the City Engineer. Motion carried 7-0. 11. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval subject to the Engineer's letter. Mayor Faram stated the applicant had agreed, by letter, to the contents of the City Engineer's letter. Councilman Thomas moved, seconded by Councilman Brady to approve PS 80-19. Motion carried 7-0. 12. Mayor Faram stated the Planning and Zoning Commission had recommended approval subject to the Engineer's letter and obtaining an additional easement for Bell Telephone Company. Mayor Faram asked if the comments from the City Engineer had been resolved. City Manager Williams stated yes. Councilman Kenna moved, seconded by Councilman Wood to approve PS 80-20. Motion carried 7-0. 13. Mayor Faram stated the Planning and Zoning Commission had recommended approval subject to the engineer's letter. Councilman Kenna asked if all comments had been corrected. Mayor Faram stated there was a letter dated June 2, 1980, stating to that effect. Councilman Brady moved, seconded by Councilman Kenna, to approve PS 80-21. Motion carried 7-0. 14. Mayor Faram stated the Planning and Zoning Commission had recommended approval subject to the engineer's letter. Councilwoman Groves moved, seconded by Councilman Thomas, to approve PS 80-23. Councilman Hubbard asked if the owner preferred to close Ross Road. June 9, 1980 Page 7 PS 80-19, REQUEST OF W. BROWN CUSTOM BUILDERS, INC., FOR REPLAT OF LOTS 38R and 39R, BLOCK 3, ~10RGAN LAKES ADD IT ION APPROVED PS 80-20, REQUEST OF SMITHFIELD MASONIC LODGE FOR REPLAT OF LOT 3, BLOCK C, SMITHFIELD ADDITION APPROVED PS 80-21, REQUEST OF LOUIS McCRORY FOR REPLAT OF LOTS 16Rl, AND 16R2, BLOCK 2, MORGAN MEADOWS ADD IT ION APPROVED PS 80-23, REQUEST OF WPW MANAGEMENT CORP. FOR FINAL PALT OF LOT 1, BLOCK 1, COLLEGE CIRCLE SHOPPING CENTER ADDITION APPROVED Mayor Faram asked if there were intentions of closing Ross Road. Mr. Albin stated that if the Council did not want to require them to escrow for future street improvements the Council may choose to close Ross Road. Mayor Faram asked if money had been escrowed or a covenant signed. Councilman Kenna stated that Mr. Stembridge had indicated in his letter they would pay pro rata. Mr. Albin stated that was correct. Mayor Faram stated he would suggest the Council treat this request all the same and require them to sign a covenant or escrow and if a decision was made on closing Ross Road later, it could be voided or refunded. Motion to approve carried 7-0. 15. Mayor Faram advised the Council that the Staff had recommended this request not be approved. Councilman Hubbard moved, seconded by Councilman Wood, not to approve the County Fire Co~tract. Motion carried 7-0. 16. Councilman Hubbard moved, seconded by Councilman Kenna, to approve Ordinance No. 823 changing the designation of State Highway 121 to State Highway 26. Motion carried 7-0. 17. Mr. Ron Weller, General Manager North Hills Mall, appeared before the Council. Mr. W¿ller stated he wanted to install a sign at Rufe Snow and Grapevine Highway. Mr. Weller stated they had a campaign started to advertise North Hi 11 s ~1a 11 and to keep the money in North Richland Hills. Mr. Weller stated they had contracted for two other signs, one at Loop 820 and Trinity Blvd. and one at State Highway 26 and Loop 820. The signs would be 14x48 and lighted at night. Councilman Hubbard stated there had been some problems with lighted signs in the past. June 9, 1980 Page 8 CONSIDERATION OF COUNTY FIRE PREOTECTION CONTRACT DENIED CONSIDERATION OF ORDINANCE CHANGING THE DESIGNATION OF STATE HIGHWAY 121 (GRAPEVINE HIGHWAY) APPROVED ORDINANCE NO. 823 CONSIDERATION OF REQUEST FROM MR. RON WELLER, GENERAL MANAGER NORTH HILLS MALL, TO ERECT A BILLBOARD APPROVED PROVIDING COUNCIL HAS AUTHORITY Councilman Brady asked which side of the sign would be lighted and would it be lit at night. Mr. Weller stated the sign would be lit from dusk to midnight. After discussion on the authority of the Council to grant this request, Councilman Thomas moved, seconded by Councilman Kenna, to approve this request contingent on the Council having the authority to grant the request and the City Attorney approved it. Motion carred 7-0. 18. Mr. R. L. Fain, Texas Electric Service Company Representative, appeared before the Council. Mr. Fain stated he was available to answer any questions the Council might have regarding the rate request. Mr. Fain stated the company had filed a request for a rate increase on May 15, 1980, from all the cities they served and also with the Public Utilities Commission. They were asking for a 17.7% increase. 19. Councilman Wood moved, seconded by Councilwoman Groves to approve Resolution No. 80-19, suspending Texas Electric Service Company's rate request. Motion carried 7-0. 20. Councilman Brady moved, seconded by Councilman Kenna, to approve Resolution No. 80-19. Motion carried 7-0. 21. Councilman Wood moved, seconded by Councilman Brady, to approve the plans and specifications for traffic signals at Grapevine Highway/Harwood, Grapevine Highway/ Edison, Davis Blvd./Emerald Hills, subject to final acceptance by the City Engineer and recommendations made by the Staff and Council made in a previous worksession. Motion carried 7-0. June 9, 1980 Page 9 CONSIDERATION OF REQUEST OF TEXAS ELECTRIC SERVICE COMPANY FOR RATE INCREASE CONSIDERATION OF RESOLUTION SUSPENDING TEXAS ELECTRIC SERVICE COMPANY'S RATE REQUEST APPROVED RESOLUTION NO. 80-19 CONSIDERATION OF RESOLUTION AUTHORIZING CERTAIN PERSONS TO SIGN CITY CHECKS APPROVED RESOLUTION NO. 80-19 CONSIDERATION OF PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNALS- GRAPEVINE HIGHWAY/ HARWOOD, GRAPEVINE HIGHWAY/EDISON, DAVIS BLVD./EMERALD HILLS APPROVED 22. Mayor Faram advised the Council this contract would be funded by Community Development funds. Councilman Thomas moved, seconded by Councilman Hubbard, to recommend awarding the contract for Mackey Creek Channel to recommend the çounty Commissioners award the contract to ~1&D Constructlon Company. Motion carried 7-0. Mayor Faram called a recess. Mayor Faram called the meeting back to order. The same Councilmembers and Staff were present as recorded at the beginning of the meeting. 23. Mr. Albin stated he had developed two rate structures on the water and sewer increase. The structure would depend on the Bond Issue. Mr. Albin stated he had developed a two million and three million dollar structure. He had also worked up a plan for improvements for a five year period. Mr. Albin stated he had worked up priorties based on one, two and three stages on water system improvements. The total cost would be approximately 3.7 million dollars for all three stages. Mr. Albin stated he had also developed a rate structure for a four million dollar bond issue. Mr. Albin stated the eXisting base rate for water was $5.00 for the first 267 cubic feet and a $0.75 volume charge for over 100 cubic feet. Mr. Albin stated he recommended maintaining the base rate. Mr. Albin stated the volume charge would increase $0.82 on two million, $0.85 on three million and $0.88 for four million for allover 267 c.f. The existing base sewer rate is $3.25 a month and $0.16 for 100 c. f. volume. Mr. Albin stated he recommended increasing the sewer to $3.75 and it would increase $0.37 for two million, $0.39 for three million and $0.41 for four million. Mr. Albin stated the water would increase 6% for two million, 8% for three million and 11% for four million. This increase was based on a 10,000 gallon a month average bill. Mr. Albin stated the sewer increase would be 61% for two million, 66% for three million and 70% for four million. The combined average increase would be 22% for two million, 25% for three million June 9, 1980 Page 10 CONSIDERATION OF AWARDING A CONTRACT TO M&D CONSTRUCTION COMPANY FOR MACKEY CREEK CHANNEL IMPROVEMENTS APPROVED RECESS BACK TO ORDER June 9, 1980 Page 11 and 28% for four million for water and sewer based on 10,000 gallons per month. Mr. Albin stated the increase was caused by increases from TRA and Fort Worth. They had increased their sewer billing rate by 70% and the city had not increased sewer rates since 1977. Councilman Kenna stated that as far as improvements are needed in the next five years, which stage would he recommend. Mr. Albin stated he would recommend stage one. Mayor Faram asked Mr. Albin if the city went to four million, would it go to 1984. Mr. Albin replied yes. Mayor Faram asked Mr. Albin if he recommended the 1984 requirement. Mr. Albin replied yes. Mayor Faram stated that would be an incrase of 11% on water and 70% on sewer. Mayor Faram asked Mr. Albin when he proposed the rates to go into effect. Mr. Albin replied immediately. Councilman Brady asked what would happen in the event the rates were not approved. Mr. Albin stated Water & Sewer Bonds could not be issued. Mr. Albin stated the city was presently in violation of the contract with the City of Fort Worth. Councilman Freeman moved, seconded by Councilman Hubbard, to approve the water and sewer rates to expand to a four million dollar bond issue; minimum of $5.00 for 267 c.f. allover 267 c.f. $0.88 per c.f. for water and $3.75 monthly charge, $0.41 per 100 c.f. for 100 c.f. for sewer. Motion carried 7-0. 24. Councilman Hubbard, moved, seconded by Councilman Kenna, to approve change order #1 in the amount of $13,021.75. Motion carried 7-0. 25. Councilman Brady moved, seconded by Councilman Wood, to approve payment to Universal Tank and Iron Works, Inc., in the amount of $51,208.20 for 2.0 MG elevated storage tank. Motion carried 7-0. 26. Councilman Wood moved, seconded by Councilman Kenna, to approve payment to PAWA. Motion carried 7-0. 27. Councilman Kenna moved, seconded by Councilman Brady, to approve payment to Walker Construction Company in the amount of $60,336.00. Motion carried 7-0. 28. Councilman Brady moved, seconded by Councilman Wood, to postpone action on this item until the June 23, 1980 meeting. Motion carried 7-0. 29. Mayor Faram advised the Council this item would be deleted. June 9, 1980 Page 12 CONSIDERATION OF CHANGE ORDER #1 IN THE AMOUNT OF $13,021.75 FOR ADDITIONAL WORK ON STORM DRAINAGE AND POND WORK ON BURSEY ROAD APPROVED CONSIDERATION OF PAYMENT TO UNIVERSAL TANK AND IRON WORKS, INC., IN THE AMOUNT OF $51,208.20 FOR 2.0 MG ELEVATED STORAGE TANK APPROVED CONSIDERATION OF PAYMENT TO PAWA INCORPORATED FOR TRAFFIC SIGNAL DESIGN APPROVED CONSIDERATION OF PAYMENT TO WALKER CONSTRUCTION COMPANY FOR CENTRAL FIRE STATION IN THE AMOUNT OF $60,336.00 /\PPROVED CONSIDERATION OF PAYMENT TO RICHLAND HILLS IN THE AMOUNT OF $2,419.50 FOR RIGHT-OF-WAY MAP POSTPONED CONSIDERATION OF TITLE CHANGE AND SALARY ADJUSTMENT DELETED June 9, 1980 Page 13 29a. Mayor Faram advised the Council payment to the State Treasurer was inadvertly left off the agenda. Mayor Faram stated this was an urgent matter so the State could go on with the contract for Davis Blvd. Councilman Wood moved, seconded by Councilman Kenna, to authorize the staff to issue a warrant in the amount of $527,400.00 to the State Treasurer. ITEM ADDED APPROVAL OF PAYMENT IN THE AMOUNT OF $527,400.00 TO THE STATE CONTROLLER FOR DAVIS BLVD. APPROVED Motion carried 7-0. 30. Mayor Faram adjourned the meeting of June 9, 1980. ADJOURN~1ENT :::;J~~-\dutnn/· Lmck aram, ~,1ayor ATTEST: