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HomeMy WebLinkAboutCC 1976-10-11 Minutes #41 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 7301 NORTHEAST LOOP 820, OCTOBER 11, 1976 - 6:30 P.M. CALL TO ORDER ROLL CALL Mayor Newman called the meeting to order October 11, 1976, at 6:30 p.m. PRESENT: Mayor Councilmen Mayor Pro Tern Tom E. Newman Denver Mills George Conant John Lamond Wal ter Smith James Ca to STAFF PRESENT: City Manager Finance Director Director Public Works City Engineer City Attorney M. E. Riddle Ruth Pi nner Ray Bri tton Dick Perkins Rex McEnti re MEMBERS OF THE PRESS: Northeast Community News Paul Churchman Joe Kent ABSENT: Councilwoman Dorothy McCl ure INVOCATION APPROVAL OF MINUTES The invocation was given by Mayor Newman. Approval of the Minutes of the September 27, 1976, Meeting Councilman Conant moved, seconded by Councilman Mills, to approve the minutes of the September 27, 1976, meeting with the following correction on page 6, paragraph 7~ II Total projected taxes from the Airport when in full operation, for the city will be approximately 190,000. Also 875 thousand not million, for hangers and runways. Motion carried 5-0, as corrected. CITIZENS REQUEST Ci ti zens Reques t-Mr. T. H. Norman, Reques ti ng Variance from the Brick Ordinance Mayor Newman called for anyone present wishing to speak for this case to please come forward. October 11, 1976 Page 2 There was no one present to represent this case. Councilman Mills moved, seconded by Councilman Conant, to postpone this item until after item No. 15 on the agenda. Motion carried 5-0. CITIZENS REQUEST Citizens Request-Calvin Stewart, Request an appeal Hearing on PZ 76-17 Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. Calvin Stewart appeared before the Council to request an appeal hearing on PZ 76-17. Mr. Stewart stated that the Planning and Zoning Commission opposed the zoning because they felt his answers were not specific. The Zoning Board questioned how the City would audit the book's to determine that he was complying with the regulation to sell 60 per cent food and only 40 per cent beer. Mr. Stewart stated that he would have to work out a method to audit the books and to control the 60-40 balance. His intent is to serve Bar-B-Que and beer. Mayor Newman stated that Mr. Stewart had a Specific-Use Permit for the sale of Beer- off-premise consumption. Mayor Newman stated that it was Mr. Stewart's responsibility to furnish a way for the City to audit the books to comply with 60-40 balance. Councilman Cato stated that it was our Attorney's opinion that the Council grant appeal hearings. Councilman Cato moved, seconded by Councilman Lamond, to grant Mr. Stewart an appeal hearing for the first meeting in December. Mr. Forest Grubb, Planning and Zoning Member, stated that the reason for turning down the request was the basic problems. Adequate parking and records of how much food and beer were served in the past. CITY ATTORNEY REX McENTIRE NOW PRESENT. Councilman Lamond suggested that the case be sent back to Planning and Zoning now that answers to their questions were available. Mr. Stewart stated that he had no preference as to how it would be handled as long as it was handled in the quickest way possible. October 11, 1976 Page 3 Councilman Lamond stated that the quickest way was for the Council to grant an appeal hearing. Mr. Stewart stated that he had had the establishment leased for two or three months, but that he intended to operate the business himself in the future. Motion to grant Mr. Stewart an appeal hearing, for the first meeting in December, carried 5-0. COVENANT MANGHAM AIRPORT Consideration of Covenant Concerning Mangham Airport Neal Adams, Attorney, appeared before the Council and requested the City officials to execute the covenant with Mangham Airport officials. Mayor Newman requested Mr. Troy Fuller, of Mangham Airport, to address the Council. Mayor Newman stated that he would like to see an Aviation Commission established by the City, with one official from the Airport and two appointed City officials to serve on the Commission. The duties of the Commission would include policing the Airport and any questions that arise from Airport operations. Mr. Fuller stated that he thought the concept was very good, but was not sure of the duties and responsibilities of such a Commission. Mayor Newman stated the Commission would basically have powers to hear cases similar to the Plannimg and Zoning Commission, with appeal to the Council for final action. Councilman Cato requested that in the covenant on the first page, second paragraph, that IIgeneral avii.ationll be taken out and leave the word lIaircraftll. He also questioned the 15 year death clause. Councilman Conant stated that he would like the time limit dropped completely. Mr. Adams stated that without the time limit the clause would run to infinity. Councilman Mills suggested an option of the City to renew for another 15 years if desirable at that time. October 11, 1976 Page 4 Mr. Fuller stated that he had rather go to a 30 year clause. Since neighborhood changes will nulify deed restrictions, it would still be necessary to go to Court to remove the restrictions. Councilman Cato asked what we were restricting the land to be used for. Mr. Adams stated that a 10,500 weight restriction on the planes and restricting the extension of the runway to the north. Councilman Cato stated that there was a restriction on the runway on the South as well as the North. Councilman Cato asked if anyone other than an airport would ever own the property. Mr. Adams stated that probably not, but the restriction could not be removed except by agreement with the City of North Richland Hill s. Councilman Lamond suggested that we stop the restriction in the year 2000. Councilman Mills asked what would happen when the covenant expired. *Councilman Conant Mr. Adams stated that the deed restrictions mean that we will comply with the covenant. * Councilman Mills stated that the short take-off landing (STOL) capabilities of current aircraft, the weight restriction could be an important factor. Councilman Smith asked what controls there would be on violations. His main concern was the people in the area. Mr. Fuller stated there were 140 aircraft on the field now. He stated the airport could not afford to become a nuisance. They gave the City a right to fine or file suit aganist them. Councilman Lamond moved, seconded by Councilman Smith, to approve the covenant with the term to run to the year 2000, and striking the term ·'general avi ati on II to lIai rcraftll. Motion carried 3-2; Councilmen Lamond, Smith and Cato voting for; Councilmen Conant and Mills voting against. Motion does carry both covenants. October 11, 1976 Page 5 PS 76-12 Planning & Zoning-PS 76-12, Request of Chester Wheeless for replat of Fossil Creek Trails. Mayor Newman called for those in favor of PS 76-12 to come forward. No one appeared to speak for this case. Mayor Newman requested this item be tabled until the next meeting. PS 76-14 Planning & Zoning-PS 76-14, Request of Hamm & Sandlin for a final plat of Lot A, Block 14, Richland Terrace Addition 5th filing. Mr. Doug Long appeared before the council, representing Hamm & Sandlin. Councilman Cato stated that we have a 1etter from engineers specifying the escrowing of funds for construction of a future 8-inch water line on Davis Blvd. Mr. Long said he had been advised by Mr. Bronstad that it would run approximately $7.50 per foot. Councilman Conant moved, seconded by Councilman Smith, to approve PS 76-14. Motion carried 5-0. PS 76-16 Planning & Zoning-PS 76-16, Request of Steak & Ale, Inc. for a preliminary and final plat of Carder Addition. Mr. Doug Long represented Steak & Ale. Also, Mr. John Staag of Steak & Ale was present. Mr. Long stated he had Mr. Bronstad's letter and feels that Steak & Ale can comply with the requirements for a fire hydrant. A letter from Mr. Bronstad dated September 30, overrides the letter from engineers. They agree on the fire hydrant and sewage pro-rate, and Mr. Bronstad asks for an 8 inch water line instead of 6 inch. Councilman Cato stated he was satisfied about Item 3, but would like to go back to Item 1 of the engineers letter. Item 1 states that sewage service presently is available to that property and recommends the developer pay pro-rata share of sewage along Deseree Lane, across a 350 foot frontage. Mr. Long stated that Mr. Bronstad had told him personally and told the Director of Public Works that this will not be a requirement as they October 11, 1976 Page 6 already have service. On Deseree Lane, a stub-out is needed for a manhole on this property. The owners at that time participated in the sewer expansion and stub-out when Deseree was built and the Bank of North Texas built that street. Councilman Cato pointed out that the only imput the Council gets from the engineers and staff is in the Council packet. He requested that in the future when problems are resolved, the Council be advised in writing. PS 76-17 Councilman Lamond moved, seconded by Councilman Cato, to approve the replat subject to items pointed out in the engineers letter of September 16, and we are advised of the results in writing by the City Staff. Motion carried 5-0. Planning & Zoning-PS 76-17, Request of John Barfield to replat Crestwood Addition. Mr. Doug Long represented Mr. John Barfield. He stated they planned to plat out some commercial lots into residential lots. This replat is the result of taking commercial zoned property and putting it into residential sized lots. Mr. Barfield feels the area would be better served if the lots facing Davis Blvd. were commercial rather than those back in the addition. PS 76-19 Councilman Mills moved, seconded by Councilman Conant, to approve 76-17, subject to the engineers specifications. Motion carried 5-0. Planning & Zoning-PS 76-19, Request for preliminary and final plat of Lot 2, Kip's Big Boy Addition, 2nd fil ing. Mr. Doug Long represented Kip's Big Boy Restaurants. He stated that they planned to put the driveway on Bedford Euless Road, and not on Hwy. 121. Councilman Cato asked what was planned for the property next door. Mr. Long answered that a Captain D was planned. Councilman Cato asked if access would be available from Kip's to Captain D. Mr. Long stated they were trying to work it out. Mr. Ray Brittain, Director of Public Works, recommend the driveway be shifted to the east. HEWITT STREET DRAINAGE BIDS FOR AUTOMOBILES BIDS FOR PICK-UPS APPOINTMENT CITY SECRETARY October 11, 1976 Page 7 Councilman Lamond moved, seconded by Councilman Smith, to approve PS 76-19, subject to the engineers recommendations. Motion carried with all voting for. Approval of specifications for Hewitt Street Drainage. Councilman Lamond moved, seconded by Councilman Mills, to submit specifications for bids on the project and City Staff to see if they can get right-of-way to keep from cutting into the street. Motion carried 5-0. Approval of bids to purchase four automobiles, four door sedans, and one station wagon. Mayor Newman reviewed the bids and announced that Kircher Pontiac was low bidder. Councilman Conant moved, seconded by Councilman Mills, to award the bid to Kircher Pontiac for a purchase price of $23,837.34. Motion carried 5-0. Councilman Cato stated he was no longer recelvlng the mileage maintenance report as published by the Police Department. He requested he receive this report in the future. Approval of bids to purchase four pick-up trucks. Mayor Newman reviewed the bids and stated the Longhorn Dodge was low bidder with Hilliard Ford as second low bidder. He recommended that we go to Hilliard Ford for Ford units because of the history of service with Ford units. Ray Brittain recommended that we go with Hilliard Ford because of the past three years experience with Fordservice, the Ford parts are more readily available than Dodge parts, and the resale of Ford units is better than Dodge units. Councilman Conant moved, seconded by Councilman Smith, to ~pprove the Hilliard Ford bid of $17,740.16. Motion carried 5-0. Appointment of a City Secretary. Councilman Lamond moved, seconded by Councilman Conant, that since this was a personnel action item, the Council go into closed session for discussion. Motion carried 5-0. The Council went into closed door session at 8:45 P. M., and reconvened at 9:25 P. M. CIVIL SERVICE MEMBERS ADJOURN Attest: £A..;L./ Secretary October 11, 1976 Page 8 Councilman Conant moved, seconded by Councilman Smith, to appoint Jeanette Moore as City Secretary. Motion carried 5-0. Appointment of 2 members to the Civil Service Commission. This item was postponed until the next meeting. Meeting adjourned at 9:26 P. M. ~, ¿f~ß77U1Ø) om E. Newm -Mayor