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HomeMy WebLinkAboutCC 1976-12-13 Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 7301 NORTHEAST LOOP 820, DECEMBER 13, 1976, 6:30 P.M. CALL TO ORDER Mayor Newman called the meeting to order December 13, 1976, at 6:30 p.m. PRESENT: Mayor Councilmen Tom E. Newman John Lamond Walter Smith George Conant Dorothy McClure James Cato ROLL CALL Councilwoman Mayor Pro Tern STAFF PRESENT: Ci ty Manager Ci ty Secretary City Engineer Dir. Pub. Works M. E. Riddle Jeanette Moore Dick Perkins Ray Bri tton MEMBERS OF THE PRESS: Northeast Community News Paul Churchman ABSENT: Councilman Denver Mills INVOCATION The invocation was given by Mayor Newman. COUNCILMAN MILLS PRESENT. APPROVAL OF MINUTES Approval of Minutes of the Regular Meeting of November 22, 1976. CITIZENS REQUEST Councilman Lamond moved, seconded by Councilman Conant, to approve the minutes of the November 22,1976, meeting. Motion carried 5-1; Councilwoman McClure abstaining due to absence from the meeting. Citizens Request - Mr. R. D. Jones, Requesting the City of North Richland Hills Join the North Texas Commission Mr. Jones was not present at this time. CITIZENS REQUEST Councilman Lamond requested this item be moved to the end of the agenda. Citizens Request - M. B. Fleet, Sabine Valley Lumber Company, Requesting a Variance from the Brick Ordinance December 13, 1976 Page 2 Mayor Newman called for anyone wishing to speak for this item to please come forward. Mr. Charles Cole, Vice President, Sabine Valley, 617 Cicular View Drive South appeared before the Council on behalf of Mr. Fleet. Mr. Cole advised the Council that Sabine Valley was building apartments in Diamond Loch Addition. He wanted to use cedar shakes for the second story. Mr. Cole stated the apartments would have a swimming pool, tennis court, and jogging trails. Also, they had used the Corp of Engineers study and there was no flood problems. Councilman Lamond ask Mr. Britton how close they were to meeting the 75% masonry requirement. Mr. Britton stated approximately 40% low. Councilman Lamond ask Mr. Cole if he was aware of the building restrictions in Diamond Loch. Mr. Cole replied he was. Mayor Pro Tern Cato ask Mr. Cole if he agreed with Mr. Britton on the percentage of brick. Mr. Cole replied the walls were about 70% brick. Councilman Conant ask Mr. Cole if he felt he was in compliance with the ordinance. Mr. Cole stated the percentage of brick on the walls was in compliance, but if it was figured on each building, it was not. Councilman Mills ask Mr. Cole the approximate rental of the apartments. Mr. Cole replied the low would be approximately $220.00 per month and the high approximately $330. Mayor Pro Tern Cato ask Mr. Britton if the build- ing met the fire construction requirements. Mr. Britton stated the fire department was satisfied, but it did not meet the zoning Ordinance requirements. Mayor Newman called for anyone present wishing to speak against this request to please come forward. December 13, 1976 Page 3 Dr. Andrew Kugla, 4009 Diamond Loch, appeared before the Council against this request. Dr. Kugla stated he was one of the first occupants of Diamond Loch. Dr. Kugla advised that his home was a large investment to him as apposed to an investment for a group of men. This is the first phase, when it is set, the rest will go along with it. Dr. Kugla stated that he hoped the Council would take into consideration that that was his home and he wanted it to be of value when he sell s it. Councilman Lamond moved, seconded by Councilwoman McClure, to deny this request. Mayor Pro Tern Cato stated he felt this request should be tabled until after a special work session on the brick ordinance. After discussion, Councilman Conant, moved, seconded by Councilman Mills, to table this request until after the special work session. Motion carried 4-2; Councilmen Lamond and Cato against. CITIZENS REQUEST Citizens Request - David Moak, Requesting a Variance from the Brick Ordinance and Sidewalk Ordinance Mayor Newman called for anyone present wishing to speak for this item to please come forward. Mr. David Moak, 7024 Briardale, appeared before the Council. Mayor Newman stated that since this was a request on the brick ordinance, would Mr. Moak object to having his request tabled until after the special work session. Mr. Moak replied he would not. Councilman Conant moved, seconded by Councilman Smith, to table this item until after the work session. Motion carried 6-0. CITIZENS REQUEST Citizens Request - Mr. Fred Allen, Requesting an Appeal Hearing on PZ 76-21 Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. Fred Allen appeared before the Council and stated that due to a mix-up in time, he was not represented at the Planning and Zoning Commission on this request. The Planning and Zoning Commission December 13, 1976 Page 4 had denied the request for this reason. CITIZENS REQUEST Mayor Pro Tern Cato moved, seconded by Councilman Lamond, to grant an Appeal Hearing on PZ 76-21, to be heard January 10, 1976. Motion carried 6-0. Citizens Request - Mr. Cal Stewart, PZ 76-17, Sale of Mixed Beverages on Premise Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. Cal Stewart, 4913 Katharine, appeared before the Council representing PZ 76-17. Mr. Steward advised the Council the main concern of the Planning and Zoning Commission was how he was going to keep books, to show they were not violating the 60/40 food/drink requirement. No one appeared at the Zoning meeting against the request. Mayor Pro Tern Cato ask Mr. Stewart if he was aware that the mixed beverage permit for on premise consumption revolved around the percentage of on premise food consumption. Mr. Stewart stated he would have to specify food taken off premise also. Councilman Mills stated that when the Council granted the appeal hearing it was for beer and not mixed drinks. Mayor Pro Tern Cato advised the State only issued two types of license. One for beer off premise consumption and one for mixed drinks. The State considered beer as a mixed drink. Councilwoman McClure ask if Mr. Stewart was only going to sell beer. Mr. Stewart replied, yes. Mayor Newman called for those present wishing to speak against this case to please come forward. Mr. Cook, 7708 Terry, appeared before the Council and stated he was speaking on behalf of some of the citizens here tonight. Mr. Cook stated that any kind of drink sold on Davis was against their health and welfare. Davis was traveled heavily and the lighting poor. He stated they did not want alcohol in their neighborhood. December 13, 1976 Page 5 Mr. Joe Barnett, 6000 Davis Blvd., appeared before the Council and stated that he was very much against the sale of alcoholic beverage on Davis Blvd. Mr. Barnett stated that he felt that the Council should not tamper with any ordinance or code of the City. He advised that the City had places selling beer for off premise consumption with expired permits. Mr. Barnett advised that the Council had granted an appeal hearing for Mama's Market and an agreement had been made with his brother that beer would never be sold at this location. Mayor Pro Tern Cato advised Mr. Barnett the only control the City had was the zoning ordinance. The State issued license. Ms. Hazel Lott, 7432 Maplewood, appeared before the Council and stated she had a teenage son and he would have to cross Davis to get to school. She felt allowing the sale of beer at this location would cause more traffic. Mrs. Lott stated there was a lot of people in the audience that were opposed to this request. Councilman Smith moved, seconded by Councilman Lamond, to deny PZ 76-17, request of Cal Stewart for the sale of mixed beverages for on premise consumption. Mayor Pro Tern Cato ask Mr. Britton the last traffic count on Davis Blvd. Mr. Britton stated the last traffic count was taken about nine months ago. Traffic had increased because of development since then. Mayor Pro Tern Cato ask Mr. Britton if the Council granted this request, woúld it create a traffic hazard. Mr. Britton stated it would add to a dangerous situation. Motion to deny carried 6-0. MAYOR NEWMAN CALLED A FIVE MINUTE RECESS. Mayor Newman called the meeting back to order. the same Council members and Staff were present as recorded at the beginning of the meeting. APPOINTMENT December 13, 1976 Page 6 Appointment of One Member to the Park and Recreation Commission Councilman Conant moved, seconded by Councilman Lamond, to approve the Mayor's appointment of Mr. Jody Williams to the Park and Recreation Commission. Motion carried 6-0. ORDINANCE 649 Approval of Ordinance Appointing Three Member's to the Board of Equalization and Setting the First Meeting Mayor Newman advised the Council that Thad Baird and Charles Owen would serve on the Board for another term. Dr. Andy Kugla could not serve again. Mr. John Byran would serve on the Board. Councilman Conant moved, seconded by Councilman Lamond, to appoint Mr. Thad Baird, Charles Owen and Mr. John Bryan to the Board of Equalization for the year 1977,and setting the first meeting for May 9, 1977, 5:30 p.m. Motion carried 6-0. LAND PURCHASE Consideration of Contract to Purchase a Tract of Land Next to the Utility Shop (Tabled at the November 22, 1976, Meeting) RESOLUTION After discussion, Councilman Smith moved, seconded by Councilman Conant, to purchase approximately 35066.0 tract of land out of the W. W. Wallace Survey. Motion carried 6-0. Consideration of Resolution Setting Tap Fees for Water and Sewer (Tabled at the November 22, 1976, Meeting) City Engineer Perkins advised the Council he had been instructed to come up with some figures so the City could recoup funds for future construction of water and sewer lines. There are three possibilities, the developer pay all, the city pay all, or combination of City/Devel~oper participation. The cost was estimated on the assumption the service area would be fully developed in 25 years. PAYMENT After discussion, Councilman Mills moved, seconded by Councilwoman McClure, to table this item for further study. Motion carried 6-0. Appr?val to Pay Bill for Purchase of Plaque Mayor Newman advised the Council this item had already been taken care of. ROUTING OF WATAGUA- SMITHFIELD ROAD (CONET) Consideration to Allow the Engineers to Pinpoint the Routing of Watagua-Smithfield Road December 13, 1976 Page 7 Councilman Mills moved, seconded by Councilman Conant, to approve $500.00 for the pin-pointing of the route of Conet Drive. Councilman Mills stated he felt that this needed to be done in the essence of the Council taking more considered action on Planning and Zoning cases along the right-of-way of the proposed Conet Drive. Ci ty Engi neer Perki ns advi sed the Council that possible amendments needed to be made. Mr. Perkins advised he felt the Council should table action on this item and study it further. Councilman Lamond stated he thought the Council should go the quickest and lowest possible route. Councilman Mills moved, seconded by Councilwoman McClure to amend his motion and table this item until after the first of the year and to have a work session on it. Motion carried 5-1; Councilman Lamond voting against. ITEM #5 Citizens Request - Mr. R. D. Jones, Requesting the City Join North Texas Commission Mayor Newman called for anyone present wishing to speak on this item to please come forward. There was no one present to speak for this item. Councilman Smith moved, seconded by Councilwoman McClure, to deny this request. Councilman Lamond stated the Star Telegram was still advertising the Council meetings at 7:30 p.m. rather than 6:30 p.m., therefore, he felt this item should be tabled. Councilman Lamond moved, seconded by Councilman Cato to table this item until the next meeting. Motion carried 4-2; Councilwoman McClure and Councilman Smith voting against. ADJOURNMENT Mayor Newman 1976. adjourned the meeting of December 13, ~¿ìl:'~ MAYOR -'TOM- E~ NEWMAN ATTEST: J