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HomeMy WebLinkAboutCC 1980-10-13 Minutes mNUTES OF THE REGULAR ~1EETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, OCTOBER 13, 1980 - 7:30 P.M. 1. Mayor Faram called the meeting to order October 13, 1980, at 7:30 p.m. 2. Present: Dick Faram Jim Kenna Jim Wood J. C. Hubbard ~Ji 1 ey Thomas Bob Brady Dave Freeman Sharyl Groves STAFF: Chuck t'!i 11 i ams Jeanette ~1oore Rex ~,1cEnti re Dennis Horvath Richard Albin PRESS: P. J. Harbruck Joe Norton Pam Harwick 3. The invocation wa~ given by Councilman Freeman. CALL TO ORDER ~1ayor ROLL C/\LL Councilmen Councilwoman Ci ty ~1anager City Secretary City Attorney Assistant City Manager City Engineer North Richland News The Tribune ~1i d-Citi es News 4. Councilman Kenna moved, seconded by Councilman Hubbard, to approve the minutes of the special meeting August 26, 1980. I NVOCATImJ APPROVAL OF MINUTES OF SPECIAL MEETING AUGUST 26, 1980 APPROVED ~1otion carried 7-0. 5. Councilman Wood moved, seconded by Councilman Brady, to approve the minutes of the special meeting of September 15, 1980. APPROVAL OF mNUTES OF SPECIAL MEETING SEPTEMBER 15, 1980 APPROVED Motion carried 6-0; Councilman Thomas abstaining due to absence from the meeting. 6. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval subject to the Engineer's comments and approval of the staff on the pro rata for water and sewer. Councilman Kenna moved, seconded by Councilman Brady, to approve PS 80-3'. ~1otion carried 7-0. PS 80-34, REqUEST OF RICHLAND ENTERPRISES, INC., FOR FINAL PLAT OF LOT 1, BLOCK 30, HOLIDAY NORTH, SECTION 8 APPROVED 7. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval subject to the Engineer's letter and the signing of a convenant for paving on Davis Blvd. Councilman Freeman moved, seconded by Councilman t' ood, to approve PS 80-37. Motion carried 7-0. 8. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval subject to the Engineer's letter. Councilman Brady moved, seconded by Councilman Thomas, to approve PS 80-39, subject to the Engineer's letter. Motion carried 7-0. 9. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval subject to the Engineer's comments. Councilman Wood stated he was under the impression someone from Gulf Oil was to make a presentation on this request. Mayor Faram stated if the Council would permit he would depart from the rules and ask the gentleman to speak. Mr. Delbert Stembridge, engineer, appeared before the Council . Mr. Stembridge stated this item had been postponed from the October 8, 1980, meeting. Mr. Stembridge stated Gulf Oil had prepared the plans and this would be a typical mini market to go with the service station. Mr. Stembridge showed the Council a rendering of the proposed building. Councilman Wood stated the rendering showed a self-service Gulf station, but the front portion of it was removable and it said self-service station with a large Gulf sign on the side of the Freeway and a mini market was noted on the front of the structure. Councilman Wood stated his question was, what is it really? Mr. Stembridge stated it would be a combination convenient store and gas sales. Councilman Wood stated his concern was whether this was the highest and best use for that particular piece of property. Councilman Wood stated his feeling was that Loop 820 was the picture window of the city. Councilman Wood stated he had a hard time defining between a service station and a convenience store. Councilman Wood stated his interpretation of convenience store was similar to Stop & Go and Seven-Eleven and they may have gas on the side. October 13, 1980 Page 2 PS 80-37, REQUEST OF RICHARD HUDLER FOR FINAL PLAT OF LOT 1, BLOCK 1, RED GATE ADDITION APPROVED PS 80-39, REqUEST OF DR. RUSH FOR FINAL PLAT OF LOT 5. BLOCK ~ CALLOWAY FARMS ADDITION APPROVED PS 80-30, REQUEST FOR FINAL PLAT OF BLOCKS lR & 4, SNOW HEIGHTS NORTH ADDITION DENIED October 13, 1980 Page 3 Councilman Wood stated another concern was, and he would make it quite plainly known in the record that he did not abso~utely abstinence from the use of"alcoholic " beverages, but in time he felt this store would come to the Council for a Specific Use Permit. Councilman Wood stated he felt that this particular request might hinder some possible future development that he was not at liberty to discuss. Mayor Faram stated the property was already zoned. The Council was being asked to approve the plat. Councilman Wood stated that in the past the Council had been rather stringent on agreements of this type of property; the way it looked, landscaping and what type of business they were in. He was not saying Gulf Oil Company would do anything and/or have unsightly property, but in the past the Council had required more than just a picture of the plats. Mayor Faram stated he thought these type of requirements had been done in some zoning cases but not in platting cases. Councilman Brady stated he thqught the concern of Councilman Wood and himself was that this particular area with the traffic proximity to the high school offers the possibility of giving some difficulty in controlling the traffic. Councilman Brady stated he was wondering if this would be a center for people to collect and perhaps create further problems. Councilman Brady stated he recognized that this was a plat and not zoning, but this was the only time the Council had to address the problem. Mr. Stembridge stated he could not see how he could answer as to whether it would be a gathering place or not. ~1r. Frank Munch, real estate representative, Gulf Oil Company, appeared before the Council. Mr. Munch stated he had looked at the design of the street and felt they would cater to people mainly going north. Mr. Munch stated he did not feel they would have any problems as far as traffic was concerned. Mr. Munch stated they primarily wanted to sell gasoline at this location. Mr. Munch stated the convenience store was only 1200 square feet, which was smaller than normal, he did not know of any of their stores having a loitering problem. Councilman Freeman asked if the plans for this facility hinged on future plans for the rest of the property. Mr. Munch replied no. Councilman Freeman stated he would have to agree with Councilman Wood in that he did not feel this was the highest and best use of the property. Councilman Kenna asked Mr. Munch if he had any discussion with TESCO about access to their right-of-way. Mr. Munch replied yes and they had indicated they would give them access. Mr. Munch stated they had an alternate plan where they could operate without the use of the TESCO easement. Mayor Faram asked if the property was presently owned by Gulf Oil. Mr. Munch replied no, it was under contract to Gulf. Councilman Kenna asked if this was the type of station typical of what Gulf built today. Mr. Munch replied yes. Councilman Brady asked Mr. Munch if they were proposing a gas station that had additional sales service facilities or a sales facility that also had gasoline. Mr. Munch stated they were building it primarily to sell gasoline. Mr. Munch stated the building would look like a typical service station. Councilman Hubbard asked Mr. Munch if Gulf had similar facilities located in Fort Worth. Mr. Munch replied yes, they had about three stations of this type in Fort Worth. Councilman Kenna moved, seconded by Councilman Hubbard, to approve PS 80-30, subject to the engineer's letter. Motion failed by a vote of 5-2; Councilmen Brady, Wood, Freeman and Hubbard and Councilwoman Groves voting against; Councilmen Kenna and Thomas voting for. 10. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. John Barfield, 416 Louella, Hurst, appeared before the Council. October 13, 1980 Page 4 PUBLIC HEARING - APPEAL HEARING - PZ 80-25, REQUEST OF JOHN BARFIELD TO REZONE A PORTION OF TRACT 2, ABSTRACT 1150 FROM AGRICULTURE TO IF-8-1400 October 13, 1980 Page 5 ~,1r. Barfield stated this property was located to the east of the railroad, next to Precinct Line Road. Mr. Barfield stated it was his feeling that this classification of houses would be the best use of the property. ~·1r. Barfield stated that single family houses were located all around the property. Mr. Barfield stated 1400 square feet probably would be the minimum he would build and the most would probably be 1500 to 1600 square feet. Councilman Freeman asked Mr. Barfield what type of houses were across Precinct Line Road in Hurst. Mr. Barfield stated there were a few larger homes in the area, but there was one addition being built the same size that he wanted to build. Councilwoman Groves stated some of the houses on Precinct Line Road were large homes with two acre lots. Councilwoman Groves asked Mr. Barfield why he did not want to build this type of home. Mr. Barfield stated that at the present time there was no market for the larger homes. Councilman Hubbard stated that in the meeting he had with Mr. Barfield he had agreed to 50% of the lots being 9000. Mr. Barfield stated that was correct. Mr. William Ratcliff, 9224 Amundson, appeared before the Council. Mr. Ratcliff stated he lived across the street from the proposed subdivision. Mr. Ratcliff stated he had presented a petition at the last meeting signed by the surrounding property owners in favor of this request. Mr. Ratcliff stated he felt it would be best to build single family residence on the property. Mr. Ratcliff stated he felt the developing of this area would bring city services to the area that they presently did not have. Mayor Faram advised that Mr. Joe Gray had written a letter in opposition of this request and at the beginning of the meeting withdrew his letter. 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. 11. Mayor Faram advised the Council this was an appeal hearing and would take 3/4 majority vote of the Council to approve. Councilman Brady moved, seconded by Councilman Hubbard, to approve PZ 80-25, subject to 50% of the lots being 9000 square feet or larger. Councilman Wood stated he would ask the Council not to look at this plot in negative attitude, but would ask the Council to review in their mind that the Council policy in the past had been slightly different than what was being voted on tonight. Councilman Freeman stated his basic objections to this request was the 8000 foot lots. Councilman Freeman stated Mr. Barfield had mentioned building on 1500 square foot lots in other cities and he did not understand why the developers were not able to build this type of property in North Richland Hills. Councilman Freeman stated the city was experiencing considerable traffic problems in the north end of the city because of density and everything that was done that increased the density in the north end of the city was here to haunt the Council and it was going to be worse. Councilman Freeman stated he opposed this request from the standpoint of added traffic. Councilman Brady stated he was in agreement with what Councilman Freeman said as far as traffic problems were concerned. Councilman Brady stated he would however, point out that this particular piece of property was located in the north part of the city, north of the Loop and also shared a common boundary with Precinct Line Road and does not offer any more difficulty than the property to the north of Davis or Rufe Snow Drive. Councilman Brady stated he would speak in favor of this request. Councilwoman Groves stated she was concerned about the children going to school. The schools were already full and putting up portable buildings to take care of the chil dren. Motion to approve failed by a vote of 4-3; Councilmen Kenna, Thomas, Hubbard and Brady voting for; Councilmen Wood and Freeman and Councilwoman Groves voting against. October 13, 1980 Page 6 CONSIDERATION OF ORDINANCE FOR PZ 80-25 DENIED October 13, 1980 Page 7 Motion did not receive a 3/4 majority vote. 12. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. John Barfield, 416 Louella, Hurst, appeared before the Council. PUBLIC HEARING - APPEAL HEARING - PZ 80-26, REQUEST OF JOHN BARFIELD TO REZONE A PORTION OF TRACT 2, ABSTRACT 1150, FROM AGRICULTURE TO LOCAL RETAIL Mr. Barfield stated there was no need to speak for this section since the other failed. Mayor Faram advised Mr. Barfield he could withdraw his request. Mr. Barfield stated he would like to come back in again. Mr. Barfield stated he was wondering if he could come back at a later date for maybe 1500 square feet as a minimum or a mixture of 1400, 1500 and 1600. Mr. Barfield stated he would like to come back, but would like some feeling for what the Council wanted. Mr. Barfield stated he would like for the Council to go ahead and consider the request. Mayor Faram called for anyone present 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 reminded the Council it would take 3/4 majority vote to overturn the Planning and Zoning Commission's decision. CONSIDERATION OF ORDINANCE FOR PZ 80-26 POSTPONED Councilman Hubbard moved, seconded by Councilman Kenna, to approve PZ 80-26. Councilman Wood asked if it would be proper in this particular case to ask for postponement so Mr. Barfield would not have to pay a refiling fee. Mayor Faram stated if it was the Council's desire he would entertain a motion for postponement. Councilman Wood made a substitute motion, seconded by Councilwoman Groves, to postpone PZ 80-26 until the December 8, 1980, Council meeting. Motion carried by a vote of 7-0. Mayor Faram called a ten minute recess. RECESS BACK TO ORDER Mayor Faram called the meeting back to order. The same Council members and Staff were present as recorded at the beginning of the meeting. October 13, 1980 Page 8 14. Councilman Wood moved, seconded by Councilman Kenna, to reconsider PZ 80-21, PZ 80-22, and PZ 80-23. Motion carried 5-2; Councilmen Kenna, Wood, Thomas, Freeman and Councilwoman Groves voting for; Councilmen Hubbard and Brady voting against. POSSIBLE RECONSIDERATION OF PZ 80-21, PZ 80-22, PZ 80-23 APPROVED Councilman Freeman moved, seconded by Councilwoman Groves to reconsider PZ 80-21, PZ 80-22 and PZ 80-23 on February 9, 1981. Motion carried 7-0. 15. Mayor Faram advised the Council Mr. Kloberdanz wanted to build a 23'x34' building in the back of his residence and not be required to brick it. Mayor Faram stated accessory buildings over 200 square feet must be brickerl. Councilman Wood moved, seconded by Councilwoman Groves, to deny Mr. Kloberdanz's request for a variance to the brick ordinance. CONSIDERATION OF REQUEST OF RONALD KLOBERDANZ FOR A VARIANCE OF BRICK ORDINANCE DENIED Councilman Freeman asked where the property was located that Mr. Kloberdanz wanted to build on. Mayor Faram stated the property backed up to Fossil Creek somewhere in the neighborhood of the park. Councilman Thomas stated he felt this request was different from most because the building would be 183 feet from the house. Motion to deny carried 5-2; Councilmen Freeman, Brady, Wood and Hubbard and Councilwoman Groves voting for; Councilmen Kenna and Thomas voting against. 16. City Attorney McEntire advised the Council he recommended passing this ordinance. Councilman Kenna moved, seconded by Councilwoman Groves, to approve Ordinance No. 848. Motion carried 7-0. CONSIDERATION OF ORDINANCE TO DENY RATE INCREASE OF TEXAS ELECTRIC SERVICE CO. APPROVED ORDINANCE NO. 848 17. Mr. Albin stated that at the last public hearing the needs of the Community Development Program target area was considered. This area is bounded on the south by Onyz Drive South; on the north by Glenview Drive; on the east by Rufe Snow Drive; and on the west by Rogene. These needs were found to be drainage improvements on Mackey Creek Channel. Citizen input forms were provided and are still available for those wishing to make an input. The purpose of this public hearing is to consider the projects which will satisfy these needs. The City Staff in the absence of citizen input has proposed a continuation of the 3 year Community Development Project which began in 1978. Phase I of the channel improvements have been constructed from Onyx Drive South to Jerrell Street. Phase II, which includes channel liner extension and culvert reconstruction at Jerrell Street is presently being designed. Phase III, which we are recommending here tonight, is proposed from Jerrell to Harmonson. At this time we are accepting any comments, questions, or statements of complaints regarding this proposal. Mayor Faram opened the public hearing and called for anyone wishing to speak to please come forward. There being no one wishing to speak, Mayor Faram closed the public hearing. 18. Councilman Freeman moved, seconded by Councilman Wood, to approve Resolution No. 80-30. Motion carried 7-0. 19. Mayor Faram stated he had not had an opportunity to discuss the total project with Richland Hills. This payment was still on the right-of-way map. Mr. Albin stated he had talked to Freese and Nichols and this was not the final payment. Councilman Freeman moved, seconded by Councilman Hubbard, to postpone until the next meeting. Motion carried 7-0. 20. Councilman Freeman moved, seconded by Councilman Kenna, to approve Resolution No. 80-31. Motion carried 7-0. 21. City Manager Williams stated specifications were sent out for police vehicles. Bids were received back on the first items going out which was for two full size intermediate vehicles. The low bidder was the Hertz Corporation in the amount of $17,346. On the second item sent out for bid was four full size vehicles and the amount bid was $7,750.00 per unit for a total bid of $31,000.00 by Hudiburg Chevy. The total on the two bids was $48,346.00 Councilman Hubbard moved, seconded by Councilman Wood, to accept the bids of Hudiburg Chevy and Hertz Corporation. October 13, 1980 Page 9 CONSIDERATION OF RESOLUTION ON C.D.B.G. FUNDING APPROVED CONSIDERATION OF PAYMENT FOR GLENVIEW DRIVE IMPROVEMENT TO FREESE & NICHOLS I N THE A~10UNT OF $1,022.14 POSTPONED CONSIDERATION OF RESOLUTION FOR RULES CONCERNING USE OF NORTH RICHLAND HILLS RECREATION CENTER APPROVED RESOLUTION NO. 80-31 CONSI DERATION OF BIDS FOR POLICE VEHICLES APPROVED Councilman Wood stated the police cars, due to the cost were cut. The amount requested was held at four. The delivery date on these would be a considerable amount of time. In the mean time the Police Chief and City Manager came up with a concept that they could take the newer staff cars, which were operating on a warranty program while the staff members broke them in; move them immediately to the patrol division and replace them with Hertz cars. Councilman Wood stated he understood it was an overall savings of $12,000.00 verus buying all new equipment. Motion carried 7-0. 22. City Manager Williams stated this was the truck for the sewer cleaning machine. Mr. Williams stated three bids were received on this truck and the low bidder of $13,706.00 was from Hudiburg. Mr. Williams stated the staff recommended the bid be awarded to Hudiburg due to the immediate delivery date. Councilman Hubbard moved, seconded by Councilman Brady, to award the bid to Hudiburg Chevy as being the lowest and most responsible bidder. Motion carried 7-0. 23. City Manager Williams stated five bids were received' on this machine. The low bidder was submitted by Environmental Sales & Service, Inc., in the amount of $18,500.00. Mr. Williams stated the staff recommended the bid of Environmental Sales. Councilman Wood moved, seconded by Councilman Kenna, to accept the bid of Environmental Sales & Service, Inc. Motion carried 7-0. 24. City ~1anager Williams stated this was a truck that the sewer cleaning machine would be mounted on. There were three bids received. Mr. Williams stated the staff recommended the bid of Hudiburg in the amount of $14,248.00. Councilman Kenna asked if Hudiburg was the low bidder. Mr. Williams stated Hudiburg was the second low bidder but was the most responsible bid. Delivery would be immediate. The low bidder, Jack Williams, had a delivery date of 60 to 120 days. Councilman Hubbard moved, seconded by Councilman Wood, to accept the bid of Hudiburg Chevy in the amount of $14,248.00. Motion carried 7-0. October 13, 1980 Page 10 CONSIDERATION OF BIDS FOR UTILITY TRUCK FOR SEWER CLEANING ~~ACH I NE AP~ROVED CONSIDERATION OF BIDS FOR UTILITY SEWER CLEANING MACHINE APPROVED CONSIDERATION OF BIDS FOR UTILITY TRUCK APPROVED 25. City Manager Williams stated this was an item that was covered by budget. Installation of traffic signals for Grapevine Highway and Harwood Road; Grapevine Highway and Edision Drive; and Davis Blvd., and Emerald Hills Way. Mr. Williams stated there were two bids received. One from Sharrock Electric in the amount of $98,955.55 and MICA, Corp., in the amount of $135,360.00. The staff recommended the bid of Sharrock. Mr. Williams stated he would respectfully request the Council IS permission on a separate item to approve a micro processor in the amount of $6,480.00. This would be interchangeable between the three intersections on all three controllers, therefore, the city would have a backup should one of the controllers go out. Councilman Freeman moved, seconded by Councilwoman Groves, to approve the bid of Sharrock Electric in the amount of $98,955.00 and the City Manager bring back a change order for Council approval. Councilman Wood stated that on the question of the change order if there was enough time to bring it back. Mr. Williams stated there was a real tight time schedule. The City was trying to get the light in to handle the traffic at Grapevine and Edison during the holiday season. Mr. Williams stated the people at Sharrock had advised him that unless the city moved on this quickly, they would not be able to have it in by the holiday rush. Councilman Freeman stated he failed to see how the change order would hold up construction. Councilman Freeman stated he was only asking the City Manager to bring the change order back to make the contract legal. Mayor Faram asked if there was a possibility the light at Grapevine and Edison could be in by the Christmas rush with the method Councilman Freeman suggested. Mr. Williams replied yes. Councilman Wood asked why the Council could not go ahead and purchase the option at this time. October 13, 1980 Page 11 CONSIDERATION OF BIDS FOR INSTALLATION OF TRAFFIC SIGNALS APPROVED City Attorney McEntire stated there was no problem. As he understood it, the motion was to accept the bid, the basic item on the agenda. If the Council wanted to make the change order after the bid had been accepted it was legal. Mayor Faram stated that if the change order was legal why not go ahead and approve it. Mr. McEntire advised the Council to approve the bid and then the change order. The change order was still in conjunction with the bid in the installation of traffic signals. Mayor Faram stated that since it was not an agenda item, could the Council add money if it was not put in the original bid. Mr. McEntire stated it was on the agenda, it was still part of the bid. Mayor Faram advised the Council the motion was to accept the bid of Sharrock Electrict. Motion to accept the bid of Sharrock Electrict carried 7-0. Councilman Wood moved, seconded by Councilman Hubbard, to authorize the City Manager to initiate a change order to Sharrock Electrict bid of $98,955.00 to include the micro processor in the amount of $6,680.00. Motion carried 7-0. Councilman Freeman stated he would like to make a motion to reconsider PS 80-30. Councilman Kenna seconded the motion. Motion to reconsider carried 5-2; Councilman Kenna, Freeman, Brady, Thomas and Councilwoman Groves voting for; Councilmen Wood and Hubbard voting against. Councilman Freeman moved, seconded by Councilman Kenna, to approve PS 80-30. Councilman Wood stated he would ask the Council, just because they had apparently been led up a merry path on the Zoning Ordinance and Subdivision Ordinance not to compile one mistake on top of another. If the Council felt something was right and if they were not willing to face the consequences, then he felt they were dropping behind in the position they held. October 13, 1980 Page 12 RECONSIDERATION October 13, 1980 Page 13 Councilman Wood stated that if the Council felt this was the right thing to have, if it was good for the city, all the city, then vote the way they felt. Councilman Wood stated he would ask the Council to seriously consider it. Councilman Freeman stated he really could not think of anything in the motion that he liked, but from a legal stand point he did not see any reason to turn it down. Councilman Hubbard stated having been familiar with Gulf's present operations in some of the local areas he had to agree with Councilman Wood. Councilman Hubbard stated he could not feel this was the proper business at that location. Councilman Brady asked the City Attorney what legal basis could be used to disapprove the plat. Mr. McEntire replied the plat engineering was bad or it did not comply with the overall planning of the city would be legal reason for turning it down. After further discussion, Councilman Brady moved, seconded by Councilman Wood, to postpone reconsideration of PS 80-30 until the October 27, 1980 meeting. Motion carried 7-0. 26. Mayor Faram adjourned the meeting of October 13, 1980. ADJOURNMENT ~,~ 1 ck aram, ~1ayor ATTEST: