Loading...
HomeMy WebLinkAboutCC 1977-03-28 Minutes CALL TO ORDER ROLL CALL INVOCATION APPROVAL OF MINUTES PLANNING AND ZONING PZ 77-1 ORDINANCE NO. 656 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL 7301 NORTHEAST LOOP 820, MARCH 28, 1977 - 7: 30 P. M . Mayor Newman called the meeting to order at 7:30 p.m., March 28, 1977. PRESENT: Mayor Councilmen Mayor Pro Tern Tom E. Newman Denver Mills John Lamond, III Walter Smith Dave Freeman James F. Cato STAFF PRESENT: City Manager Ci ty Secretary Ci ty Attorney Police Chief M. E. Riddle Jeanette Moore Rex McEntire Hamp Scruggs Derrell Wood PLANNING & ZONING: MEMBERS OF THE PRESS: Northeast Community News Joe Kent ABSENT: Councilwoman Councilman Dorothy McCl ure George Conant, Jr. The invocation was given by Councilman Lamond. Approval of the Mi nutes ofMa rch 14, 1977, Regular Meeting Councilman Smith moved, seconded by Councilman Mills to approve the minutes of the March 14, 1977, meeting. Motion carried 5-0. City Engineer Dick Perkins present. Planning and Zoning, PZ 77-1, Request of Smithfield Properties to rezone Lot 1, Block 1, and the East 186 feet of Lot 2, Block K, Smithfield Addition Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. J. E. Box, 1004 Edgecliff, one of the owners appeared before the Council. Mr. Box stated the main purpose in changing the zoning was not for chemical bagging, but to open March 28, 1977 Page 2 a wider field to potential tenants. They intend to improve the site and build addi- tional buildings for potential tenants. Mayor Pro Tern Cato ask Mr. Box if he anticipated a dust problem, and if they had ever had trouble with EPA. Mr. Box stated that Mr. Dave Henry who is also one of the owners was in the audience and he would like for Mr. Henry to answer the questions on the dust problems. Mr. Dave Henry, 1335 Andrew, appeared before the Council. Mr. Henry stated their Arlington plant was recently inspected by OSHA and passed with no problems. As for the dust problem, the entire operation of bagging would be indoors and filtered by a "Dust Collector". They have not had a problem with EPA. Councilman Lamond moved, seconded by Council- man Smith, to approve PZ 77-1, Ordinance 656. Motion carried 5-0. PLANNING AND ZONING Mayor Newman advised the Council that item #7 on the agenda needed to be heard before item #6. PS 77-5 Planning and Zoning, PS 77-5, Request of Mobil Oil Corporation for Preliminary and Final Plat of Tract A-l, Richland Plaza Addition Councilman Lamond moved, seconded by Councilman Freeman, to approve PS 77-5. Mayor Pro Tem Cato ask the City Manager if this plat would modify the current platting on Richland Plaza. The City Manager advised that Richland Plaza was never platted. It is still under abstract. Mobil Oil has a buyer for this piece of property and in order to sell it must be platted. Councilman Mills ask who would be responsible for paying for the water line. City Manager Riddle stated at the present time Mobil Oil would be. He advised a permit would not be issued until it was paid. Motion carried 5-0. PLANNING AND ZONING PZ 77-3 PLANNING AND ZONING PZ 77-2 ORDINANCE NO. 657 March 28, 1977 Page 3 Planning and Zoning, PZ 77-3, Request of Mobil Oil Corporation to Rezone Block A-l, Richland Plaza Addition Mr. Jerry Smith, Hurst, Texas, appeared before the Council to speak for this case. Mr. Smith stated he was purchasing this property contingent on the zoning. Mr. Smith stated he wanted to put in a used car lot on this property. He stated he now had a lot in Hurst. He intends to put the higher priced cars on thi slot. Councilman Mills ask Mr. Smith why he was going to put the more expensive lot in North Richland Hills. Mr. Smith stated he would only have room for about 40 cars on the lot in North Richland Hills. He would use the lot at Hurst for a make ready shop. He would also use the lot in Hurst for wholesale and this one for retail. Councilman Freeman ask Mr. Smith what type sign he was going to use. Mr. Smith replied he would only have a sign on the building. After discussion, Councilman Lamond moved, seconded by Mayor Pro Tern Cato, to deny PZ 77-3. Motion carried 4-1; Councilman Mills voting against. Planning and Zoning, PZ 77-2, Request of Tomanet Corporation to rezone 33.05 acres out of the W. W. Wallace Survey from Agriculture to IF-8, One Family Dwelling Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. Emil Freiwald, Farrington & Associates appeared before the Council to speak for this case. Mr. Freiwald stated he was interested in purchasing this property from Tomanet Corp. They have met with the City and the plans have been reviewed. They are in compliance with the requirements. Councilman Mills ask if they had clearance from Texas Electric on the easement. Mr. Freiwald replied they did have clearance from Texas Electric. March 28, 1977 Page 4 Mayor Pro Tem Cato ask Mr. Freiwald if he anticipated any problems with airplanes going into and out of Mangham Airport. Mr. Freiwald replied he did not. Councilman Mills moved, seconded by Mayor Pro Tem Cato to approve PZ 77-2, Ordinance 657. Motion carried 5-0. ORDINANCE NO. 658 Consideration of Ordinance Regulating Parlor Game Machines Councilman Mills moved, seconded by Council- man Lamond to approve Ordinance 658. Mayor Newman stated he had several requests from people in the audience to speak on this item. Mr. Leonard Elkins, 4117 Corma Drive, appeared before the Council. Mr. Elkins stated he lived next door to the Pool Parlor. He stated he had to clean beer cans off his front yard every morning. The people that go there make so much noise late at night you can not get any sleep. Mr. Elkins stated he would like for the Council to close the parlor if possible or pass an Ordinance to close the parlor at 10:00 p.m. City Attorney McEntire advised that the Ordinance, if passed, would control the hours. They would have to close at 10:00 p.m., and on Sunday the hours would be 1:00 p.m., until 6:00 p.m. City Manager Riddle advised that Section III of the Ordinance would automatically close the parlor in question down. Section III states in part, that a parlor cannot be operated within 200 feet of a church, school, hospital, or within 100 feet of a private residence. Mr. J. D. Richardson, 4106 Carma, appeared before the Council. Mr. Richardson stated he felt the Council was doing the right thing by passing this Ordinance. His front yard was full of beer cans and papers every day. He stated he had lived at this address for 21 years and felt the parlor being there had lessened the value of his property. Mr. Richardson stated he felt the business should be made to put up some type of a fence. March 28, 1977 Page 5 Marie Bockman, 4130 Corma, appeared before the Council. Mrs. Bockman stated she felt the same as Mr. Richardson. She hoped the Council would pass the Ordinance and close the parlor down. Mrs. Archie, 4118 Carma, appeared before the Council. Mrs. Archie stated she had lived at this address 21 years. Her deed restricts the area to residential only. Mrs. Archie stated she would appreciate anything the Council could do. Mr. David Valenzue, 4126 Carma appeared before the Council. Mr. Valenzue ask the City Attorney if the Ordinance passed would it eliminate the problem. City Attorney McEntire replied if the Ordinance was approved it would eliminate the parlor. Mr. Valenzue stated that since the parlor had opened the traffic had increased quite a bit. Councilman Mills ask if the street was made a one way, would it help. Police Chief Scruggs stated that traffic was not a problem before the parlor was opened. Mr. J. W. Baker, 4142 Carma, appeared before the Council. Mr. Baker stated he was against a one way street. Mr. Baker ask how the Council could pass an Ordinance and close a business that was already operating. City Attorney McEntire replied by Police action instead of the Zoning Ordinance. Mayor Newman stated that Councilman Lamond was the one who requested the Ordinance. All the Council was aware of the problem. City Manager Riddle stated if the Ordinance was approved, the police would issue a citation and then an injunction. Councilman Mills ask if the City had an Ordinance on loitering. Chief Scruggs replied we did, but the person has to be warned at least one time before an arrest can be made, or the owner has to post signs against loitering. He had talked with the owner and he would not put up signs. March 28, 1977 Page 6 Councilman Lamond ask the City Attorney if the Council could amend the Zoning Ordinance to require billiard or pool parlors to get a specific use permit. City Attorney McEntire replied they could amend the Zoning Ordinance. Mayor Pro Tem Cato stated the trash blowing on the citizens property should be covered by the Nuisance Ordinance. Chief Scruggs advised the Inspection Department had issued citations to the owner because of the trash problem. Mayor Pro Tern Cato stated he felt the owner should be written a letter regarding putting up a fence. Mayor Newman advised he would take care of the letter. RECESS Motion to approve Ordinance No. 658 carried 5-0. Mayor Newman called a 5 minute recess. Meeting was recalled to order by Mayor Newman. Council and Staff present as mentioned above. CONDEMNATION Consideration of Condemnation for Utility Ease- ment Across Mr.B. R. Seale Property City Manager Riddle advised the Council that Mr. Seale would probably sign the easement. In case he did not, the Council needed to go ahead and approve the condemnation. The City needs to get started on the water line. Councilman Smith moved, seconded by Councilman Mills, to approve condemnation of Mr. B. R. Seales property for Utility Easement. Motion carried 6-0. FRANCHISE ORDINANCE Consideration of Garbage Franchise Ordinance Mayor Pro Tern Cato stated that under the City's present refuse Ordinance No. 489, Section 1152 and 1153, of the Codification, application must be made in writing to the Council, this has been done. The Ordinance also states the company will list the number of vehicles and size; location of dump grounds and a contract bond. These items were not included in the applications of companies submitting proposals. March 28, 1977 Page 7 Based on this, Mayor Pro Tern Cato moved to table this item until the April 11,1977, Council Meeting. Councilman Smith seconded the motion. Mayor Pro Tern Cato stated that in addition to the above mentioned items, he would like to have financial statements of profit and loss for the last year. Councilman Mills stated he wanted to have a work session on the Franchise before the next meeting. Mayor Newman advised the Council would have a work session before the next meeting. Mr. H. G. White, Estes Service Company, appeared before the Council. Mr. White stated he would like for the Council to specify the number of years the Franchise would be for. City Attorney McEntire replied if the Company submitted a proposal for five years, then they would be held to it. Mayor Pro Tem Cato stated this did not mean the Company could not renegotiate if need be. Mr. White stated his Company had been serving the City for the last nine months under the expired Franchise. He thought by mutual agreement the Franchise had been renewed. Mayor Pro Tern Cato stated there had been no Council action on the expired Franchise. The Council would have to renew the Franchise. Councilman Lamond stated he was going to vote against tabling this item. The Council is asking for additional information and amendments to the proposal. When the amendments go to the Council, can there be amendments to the amend- ments? If new proposals are submitted can more companies come in and can amendments be made to their proposals? City Attorney McEntire answered yes to all questions. Mayor Pro Tern Cato stated the item was tabled because the proposals had not met the requirements of Ordinance 489, not to make amendments. Motion to table this item until the April 11,1977, Meeting carried 4-1; Councilman Lamond voting against. CITIZEN PRESENTATION March 28, 1977 Page 8 A Work Session was scheduled for April 4, 1977. Mr. Charles Palacheck, 8908 Kirk Lane, appeared before the Council. Mr. Palacheck stated he was appearing on behalf of the Gyro Gymnastic Club. The Gyrl's have entered a joint venture with the school's. There are about 300 students involved in the program. They are a non-profit organization. The students do not have any place to practice. An agreement has been worked out with the owners of Richland Plaza for a building. Mr. Palacheck stated he wanted the City to waive the permit fees for the remodeling of the building. Mayor Newman advised the Council could not vote on this because of the open meeting law. Councilman Mills ask how much money would be involved. MAYORS REQUEST City Manager Riddle stated it would be based on what they were going to do. $50.00 to $100.00. All Council members approved the waiving of the fees for the Gyro Gymnastic Club. Mayor Newman advised the Council there was an item he had requested be placed on the Agenda that was left off. The Haltom/Richland Chamber had ask for a donation of $500.00 for a pamphlet advertising industrial sites in the City to companies wanting to relocate. The Chamber gets requests quite often from out of town companies. Mayor Pro Tern Cato ask if the Chamber had not made the same request a few years ago. Mayor Newman stated they had. City Manager Riddle stated this was the same effort the North Texas Commission had made. Mayor Newman stated that two cities had already paid. After discussion, no action was taken. ADJOURNMENT Mayor Newman adjourned the Meeting of March 28, 1977. ~,1arch 28, 1977 Page 9 APPROVED: ~~K~ Tom E. Newman, M yor ATTEST: