Loading...
HomeMy WebLinkAboutCC 1974-08-26 Minutes MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, MONDAY, AUGUST 26, 1974 - 7:30 P.M. CALL TO ORDER ROLL CALL Mayor Faram called the regular meeting of the City Council of the City of North Richland Hills to order at 7:40 p.m., August 26, 1974. PRESENT: Mayo r Councilmen Dick Faram Jim Wood Dr. Norman Ellis George Conant John Lamond Tom E. Newman Jim Cato ABSENT: Councilwoman JoAn Goodnight CITY STAFF: City Manager Ci ty Secretary Ci ty Attorney Ci ty Engi neer Gene Ri ddle Anna Lee Caudry Tim Truman Dick Perkins Greg Dickens INVOCATION APPROVAL OF MINUTES Councilman Conant gave the invocation. Minutes of August 12, 1974 Regular Council Meeting Councilman Wood moved, seconded by Councilman Ellis, to approve the minutes of the August 12, 1974 City Council meeting with the following correction: On page one under the citizens presentation change the word "passed" to "not considered". PERSONNEL PRESENTATION The motion carried by a vote of 4-0 with Councilmen Ellis and Cato abstaining due to absence from the meeting. Presentation of 5 Year Pin to Hamp Scruggs Mayor Faram presented Chief of Police Hamp Scruggs with a certificate of service and a five year pin and complimented Chief Scruggs Page 2 August 26, 1974 on the outstanding work he has done for the Ci ty. REPORT Park and Recreation Commission Report Councilman Newman reported the new officers of the Park and Recreation Commission are: Mr. Bill Polster - Chairman Mr. Tom Connell - Vice Chairman Mrs. Hal Brooks (Paula) - Secretary VARIANCE TO SIDEWALK ORDINANCE Consideration of Granting Variance From Sidewalk Ordinance for Metro Development Appian Way Apartments Mr. Donald R. Brookshire of Dallas, Texas, representing Bank of America, B A Mortgage Company and Metro Development, requested permission to build the required sidewalk on the east side of Willow Crest across the street from the Appian Way Apartments which Metro is building. The slope of the land is so steep on the west side, it would be necessary to build retaining walls next to the side walks. The property owners on the east have not been contacted but the sidewalks would be constructed in the City ri ght-of-way. Councilman Newman moved, seconded by Councilman Cato, to approve granting a variance from the sidewalk ordinance to B A Mortgage Company for their property on Willow Crest provided BA Mortgage constructs a sidewalk on the east side of Willow Crest with plans subject to the approval of the City Engineers. The motion passed by a vote of 6-0. The Council suggested Mr. Brookshire contact the property owners for their approval. Mr. Brookshire agreed to construct the sidewalk from Willow Crest to Broadway, provided he can gain permission from Haltom City and the Birdville School District. AMBULANCE SUBSIDY ConsideraUon of Security Ambulance Service Request for Subsidy Mr. Ben Waddell of Security Ambulance Service requested the Council approve a subsidy to his company for 1974-75 in the amount of $18,450.50. For this subsidy he will provide one ambulance per zone with one back up unit. Security's proposal is based on 10 cities participating Page 3 August 26, 1974 and he has already had some cities say no, such as Haltom City. He was asked if the other cities would have to pick up the total amount for those cities who refused the service. Mr. Waddell said the proposal would have to be reworked. Councilman Newman moved, seconded by Councilman Ellis, to table the ambulance subsidy request until September 9 when Mr. Waddell will return with a firm proposal. The motion carried by a vote of 6-0. ANNOUNCEMENT Mayor Faram announced that once again there was a Council member absent and the next three items on the agenda require six affirmative votes. Each petitioner for zoning would be given the opportunity of either having the case heard tonight or postponed until September 9, 1974. PLANNING AND ZONING PZ 74-34 Appeal Hearing for O.D.S. Construction Company on PZ 74-34, Request for Neighborhood Retail, Specific Use - Office and Garage Mr. Tom Cave, representing O.D.S. Construction, requested that this case be postponed until September 9, 1974 so that it may be heard by a full Council. This request was granted. PLANNING AND ZONING PZ 74-32 Appeal Hearing for Wayne Richardson on PZ 74-32, Request for Local Retail Mayor Faram declared the Public Hearing on PZ 74-32 open and requested those present wishing to speak for to please come forward. Mr. Wayne Richardson requested the approval of PZ 74-32. He is wanting to change the mix of local retail and two family dwellings in his subdivision. This rezoning was denied by the Planning and Zoning Commission. He said he really did not know why it had been denied. Mayor Faram asked for those opposed to this request to please come forward. Mr. Loy Sturch, Box 155, Smithfield, spoke against this rezoning. He objects to West Main street being extended east from Mr. Richardson's Property. Page 4 August 26, 1974 There being no other persons wishing to speak for or against the zoning, the Mayor closed the Public Hearing. Councilman Newman moved to uphold the decision of the Planning and Zoning Commission and deny PZ 74-32. The motion died for lack of a second. Councilman Wood moved, seconded by Councilman Lamond, to approve PZ 74-32. The motion failed by a vote of 5-1. Councilmen Wood, Ellis, Conant, Lamond and Cato for; Councilman Newman against. To pass this motion required six affirmative votes. Councilman Cato moved, seconded by Councilman Ellis, to reconsider PZ 74-32 at the September 9, 1974 meeting. The motion passed by a vote of 5-1 with Councilman Newman voting against. Councilman Ellis asked the staff to try to determine why the Planning and Zoning Commission turned down this request. PLANNING AND ZONING PZ 74-5 Consideration of PZ 74-5, Request of Stop N Go for Commercial Specific Use Sale of Beer for Off-Premise Consumption, Tabled at the June 24, 1974 Meeting Mayor Faram opened the Public Hearing on PZ 74-5 and requested all those wishing to speak for to please come forward. Mr. Dwayne Wilcox, 1300A West Euless Blvd., representing National Convience Stores, operators of Stop N Go, requested the approval of the application for Sale of Beer for Off Premise Consumption. Mr. Wilcox stateQ that Stop N Go had complied with the state law and he felt the permit should be issued. There being no others wishing to speak for this zoning, Mayor Faram called for those opposed to please come forward. Mr. Franklin Earney, 4921 Nevada Trail, presented a letter from the Davis Memorial Methodist Church. He stated that at the present time the land and building is valued at $250,000.00 and when the total building program is completed the value will be $500,000. Page 5 August 26, 1974 A copy of the letter is attached as permanent record. Mr. Robert Hackfeld, 7113 Deville, lay leader of Davis Memorial Church, also presented a letter to the Council. It contained traffic counts of Davis Blvd. and he stressed the number of accidents and heavy traffic on Davis. Rev. J. Don Hazelwood, 5301 Topper Drive, stated the figures in Mr. Hackfeld's letter were supplied by the North Richland Hills traffic safety department. He also pointed out that there is a school crossing manned by a crossing guard in front of the church. The traffic on Lola has increased since the new pavement was laid. Improvement of Davis Blvd., is one of the top priorities of North Richland Hills Traffic Safety proqram. Rev. Hazlewood asked the Council to deny this request due to the traffic hazards he pointed out. Mr. Leonard Smith, 5312 Richland Court, also spoke in opposition to this zoning. He stated that several nights a week there were approximately 20 young people at the church and he feels the sale of beer across the street is not in the best interest of the community. Mr. Steve McKown, 7829 Maplewood and Mr. Jimmy Penny, 5513 Topper Court, both appeared in opposition to this zoning. Mr. Wilcox requested rebuttal time and this was granted by the Council. He can appreciate the concern of the individuals but the store has qualified by the laws of the State of Texas. Permits have been granted to Safeway and Seven Eleven, both on Davis Blvd. Stop N Go is only requesting the same consideration. Mayor Faram declared the Public Hearing closed. Councilman Newman moved, seconded by Councilman Wood, to deny PZ 74-5. Councilman Ellis stated that due to the health, safety and general welfare of all citizens of North Richland Hills he felt obligated to vote to ~'.r~ DA VIS MEMORIAL UNITED METHODIST CHURCH \'f'\,4 /- 1f ~rvctK lL cÆ1i¥liSt'uj ~O'l Ø"orllLlJ ruul a. CVi.1inn. ~O\ Ø"omfA'úJIJI 5301 DAVIS BOULEVARD P. O. BOX 13483 FORT WORTH. TEXAS 761 18 TELEPHONES, CHURCH 281 -041 1 PARSONAGE 281 -0963 Mr. Mayor and Members of The City Council City of North Richland Hills The membership of Davis Memorial Methodist Church has a $250,000 investment in land and buildings at the present time. When the master plan is completed the investment will be over half a million dollars. The first unit of construction was completed in 1961. This was several years before there was any building at all on the site now occupied by "Stop N Go". "stop and Go" is located across the street (Lola) and directly in front of the main entrance doors of the church. The presence of a beer outlet at this location would constitute a very real nuisance to the 619 members of this church, as expressed by a unanimous vote of the Administrative Board. Respectfully submitted, ,/'/ /' - ~. . //Zit. ;{ l/'tf1L., _. ~., ".-,~,'ç.c..'.> ~ ' "_', Franklin Earney Chairman, Board of Trustees Davis Memorial Methodist Church I-~ DA VIS MEMORIAL UNITED METHODIST CHURCH " cr " CWitK lL cÆ1ini,,1\Jj ~o'l Ø"orllLlJ lLrLrl lL CVi.li.on. ~o'l LJ omo\'úJw 5301 DAVIS BOULEVARD P. O. BOX 13483 FORT WORTH. TEXAS 761 18 TELEPHONES, CHURCH 281 -041 1 PARSONAGE 281-0963 Mr. Mayor and Members of the City Council of North Richland Hills: Davis Boulevard has a very heavy traffic load at the present time, one that is constantly becoming heavier due to the development and construction taking place along and adjacent to North Davis Boulevard. At the present time Davis Boulevard (bearing State Highway designation FARM TO MARKET ROAD 1938) as it passes in front of the location of "STOP N GO" is narrow, only 2 lanes, and inadequate as a major traffic artery, which it now is. The traffic load on Davis, as measured by the last count of the State Highway Department, is 12,727 vehicles a day. Davis Boulevard at the present time, has the second highest traffic accident rate in North Richland Hills. It is second in accidents only to Grapevine Highway. The area along Davis Boulevard between Clark Street and Nor East is already considered hazardous as determined by the number of accidents in this 5 block area. "STOP N GO" is located in approximately the center of this 5 block stretch. The entrance from Davis Boulevard to the parking area in front of "STOP N GO" is only approximately 25 feet wide. Congestion at this point, in either turning into or off of Davis Boulevard (FM 1938), would create an additional hazard. The sale of beer for off premise consumption would generate more in and out traffic at this point. This would increase the risk of life and health at this point along Davis Boulevard (FM 1938), already considered hazardous by the city Traffic Department. Considering these factor and others mentioned I respectfully request that this City Council deny the request to rezone "STOP N GO" for SALE of BEER for OFF PREMISE CONSUMPTION. Respectfully submitted, ,l1~//~Á Robert Hackfeld Lay Leader Davis Memorial Methodist Church ..... Page 6 August 26, 1974 deny the request. Councilman Wood stated he would vote to deny on the reasons of health and general welfare of the community. Councilman Cato stated that due to the peculiarity of the location and the safety of the children and location of the school crossing,he would vote to deny. Mayor Faram stated that although he did not have a vote, he did have a voice. He stated Mr. Wilcox had presented the law well but as Mayor he felt the law was bad because of the way of measurement. He feels the City Council has an obligation to protect the churches within the City. The motion to deny passed by a vote of 6-0. RECESS A five minute recess was called at this time. When the meeting was called back to order, all Council and Staff were present as reported at the begining of meeting. PLANNING AND ZONING PZ 74-1 ORDINANCE 547 PZ 74-1, Request of Southland Corporation (7-11) to rezone .310 acres in the W. W. Wallace Survey from Local Retail to Local Retail Specific Use - Sale of Beer for Off-Premise Consumption Mayor Faram opened the Public Hearing on PZ 74-1 and asked those wishing to speak for to please come forward. Mr. Robert Frost, 4901 Cole Avenue, Dallas, asked approval of Sale of Beer for Off Premise Consumption for a new 7-11 location at Davis Blvd., and College Circle. There are no schools or churches in the vacinity. Mayor Faram asked for those persons opposed to please come forward. Mr. Robert Hackfelk, 7313 Deville, opposed this zoning as there is a school bus stop in this area. There being no further persons wishing to speak for or against, Mayor Faram closed the Public Hearing. Councilman Conant moved, seconded by Councilman Ellis, to approve PZ 74-1, Ordinance 547, the request of 7-11 for Sale of Beer for Off Premise Consumption. Councilman Ellis Page 7 August 26, 1974 stated that his vote was not showing a preference for either wet or dry forces, only the obligation the Council had in zoning matters. The place to show preference for wet or dry is at the poles. The same factors that are present one half to three-fourths a mile down the road are not present at this location. The motion passed 5-1 with Councilmen Wood, Ellis, Conant, Lamond and Newman voting for and Councilman Cato against. PLANNING AND ZONING PZ 74-31 ORDINANCE 548 PZ 74-31, Request of Everett E. Huffman to rezone Lot 5A, Block 1, Jack M. Estes Subdivision from Local Retail to Commercial Mayor Faram opened the Public Hearing on PZ 74-31. There was no one to speak for or against and the public hearing was closed. City Manager Riddle stated that at the present time this business is in non-conforming use and he requested the owner apply for proper zoning. Councilman Newman moved, seconded by Councilman Wood, to accept the recommendation of the City Manager and the Planning and Zoning Commission and rezone Lot 5A, Block 1, of the Jack M. Estes Subdivision, Commercial. The motion carried 6-0. PLANNING AND ZONING PZ 74-35 ORDINANCE 549 PZ 74-35, Request of Robert W. Gross to rezone North 671 of Lot 3, Block 2, Jack M. Estes Subdivision from Local Retail to Commercial Mayor Faram opened the Public Hearing and called for those in favor of the zoning to come forward. Mr. Neal Adams, representing Mr. Robert Gross, asked for Commercial zoning for the North 167 feet of Lot 3, Block 2, Jack M. Estes Subdivision. Mr. Gross would like to open a welding shop at 3912 Rufe Snow Drive. .At the present time he lives in a house at the rear of the lot and is aware he would have to move if he opens a business. As no one appeared to speak in opposition, Mayor Faram closed the public hearing. ----.--- Page 8 August 26, 1974 Councilman Ellis moved, seconded by Councilman Cato, to approve PZ 74-35, Ordinance 549. The motion carried 6-0. PLANNING AND ZONING PZ 74-37 ORDINANCE 550 PZ 74-38 ORDINANCE 551 Consideration of PZ 74-37, Request of Stonybrooke for Two Family Dwelling and PZ 74-38, Stonybrooke Request for Commercial Mr. Walter Elliott, P.E., representing Stonybrooke~,requested the Public Hearing for both PZ 74-37 and PZ 74-38 be held together. Mayor Faram and the Council agreed and the Public Hearing was declared open. Mr. Elliott explained that the developers felt that the land fronting Highway 1938 would be better used as two family dwellings. Also because of anticipated traffic problems, the duplexs will be served by a private alley in the rear. Mr. Elliott also asked approval of an additional 1.7 acres of commercial property facing Highway 1938. The Planning and Zoning Commission requested that Brookridge Drive be ended at Stonybrooke Drive and that Hightower Drive be made the thoroughfare. There being no one opposed, the Public Hearing was closed. Councilman Ellis moved, seconded by Councilman Conant, to approve PZ 74-37, Ordinance 550, to rezone Lots 41 through 52, Block 2, Stonybrooke from IF-12 to 2F-9. The motion carried 6-0. Councilman Ellis moved, seconded by Councilman Newman, to approve PZ 74-38, Ordinance 551, rezoning 1.7 acres of Tract A, Block 13, from IF-9 to Commercial. Councilman Ellis stated he favored approval of the zoning since the City requested Hightower Drive be made the thoroughfare. The motion carried 6-0. PLANNING AND ZONING PZ 74-39 ORDINANCE 552 PZ 74-49 ORDINANCE 553 Consideration of Henry S. Miller1s Two Zoning Cases Mayor Faram opened the Public Hearing on PZ 74-39 and PZ 74-40 and requested those wishing to speak for to come forward. Page 9 August 26, 1974 Mr. Donald Dunning, representing Henry S. Miller Company, requested approval of both these cases. This land had previously been zoned for Local Retail and Multiple Family with the Local Retail facing Watauga - Smithfield Road. After they aquired the property and studied the traffic flow, it was detenmined that it would be more advantageous for the Local Retail zoning to face Rufe Snow Drive with the Multiple Family zoning to face Watauga Smithfield. There being no one to speak in opposition, Mayor Faram closed the Public Hearing. Councilman Conant moved, seconded by Councilman Newman, to approve PZ 74-39, Ordinance 552. The motion carried 6-0. Councilman Newman moved, seconded by Councilman Ellis, to approve PZ 74-40, Ordinance 553. The motion carried 6-0. PLANNING AND ZONING PZ 74-41 ORDINANCE 554 PZ 74-41, Request of Loy J. Struch to rezone 0.588 acres in the J. C. McComas Survey, Abstract 1040 from Agriculture to Local Retail Mayor Faram opened the Public Hearing on PZ 74-41. Mr. Loy Sturch, Box 155, Smithfield, asked to rezone .588 acres of land from Agriculture to Local Retail. He purchased the land as an investment and does not plan to develop within the next three years. There being no opposition, Mayor Faram closed the Public Hearing. Councilman Newman moved, seconded by Councilman Ellis, to approve PZ 74-41, Ordinance 554. The motion carried 6-0. PLANNING AND ZONING PS 74-11 PS 74-11, Request of J. D. Kemp and Mike Brackney, Preliminary and Final Plat of Northeast Business Park Walter Elliott presented the request of Mike Brackney and J. D. Kemp for approval of PS 74-11. Page 10 August 26, 1974 After discussion, Councilman Ellis moved, seconded by Councilman Conant, to approve PS 74-11 subject to the corrections contained in the City Engineer1s letter; a copy of which is attached. Councilman Wood disqualified himself because of a possible conflict of interest due to the fact his father holds the first mortage on this land. The motion carried 5-0. PLANNING AND ZONING PS 74-15 Request of Sims, Filardi, Burgos and Holder to replat Lots 1 through 6, Block 1 and Lots 1 through 7, Block 2, Richland Plaza Addition No one was present to present this request. However City Manager Riddle recommended the approval of this plat subject to the payment of $621.10 which is their share of the improvements of Billye Faye. Councilman Ellis moved, seconded by Council man Conant, to approve PS 74-15, subject to the payment of $621.10. The motion carried 6-0. APPROVAL OF RAYMENT Approval of Payment to Elm Fork Construction Company in the Amount of $33,290.47 on Estimate #6 and Final Councilman Ellis moved, seconded by Councilman Conant, to approve payment to Elm Fork Construction in the amount of $33,290.47. The motion carried by a vote of 6-0. AGREEMENT WITH RAILROAD Approval of Authorization for Mayor to Sign Agreement with St. Louis Railway Company to Construct a proposed 21 inch Sanitary Sewer Line Under Rail Road Property Councilman Ellis moved, seconded by Councilman Wood, to authorize the Mayor to sign the agreement with St. Louis Railroad allowing the City to construct a sanitary sewer line on railroad property. The motion carried 6-0. BUDGET HEARING Consideration of Scheduling Public Hearing on Proposed 1974-75 Budget Councilman Ellis moved, seconded by Councilman Lamond, to call the Public Hearing of the 1974-75 City Budget on September 9, 1974. The motion carried 6-0. ~ .~.f.'.. ~ KNOWl TON-RATLlFF-ENGLlSH-FlOWERS, INC. , ENGINEERS-ARCHITECTS-PlANNERSIFort Worth - Dallas pú' 7.</-// a TeB company July 22, 1974 Mr. Gene Riddle, City Manager City of North Richland Hills 4101 MQrgan Circle Fort Worth, Texas 76118 Subject: 3-872, CITY OF NORTH RICHLANO HILLS, NORTHEAST COMMERCIAL PARK ADDITION '- ' In accordance with your request, we have reviewed the final plat for the subject subdivision, and in our opinion, this final plat is 1n order for approval. Referring to our earlier letter of June 14, we cOl1111ented that there were a certai n nwnber of 1 tems that needed correction in regard to construction plans, but that we felt that approval of the final plat could be made subject to these items being corrected upon submittal of the corrected construction plans. Should you have any further questions concerning the review of this subdivision. please do not hesitate to call. ~ JRP-hr CC: Mr. Allen Bronstad, Director of Utilities 600 FIRST STATE BANK BLDG. . BEDFORD, TEXAS 76021 . 817/283-6211 ;I / ß 1-..',.) 74 - ({ ß ,/ 1 ., / 0/ ~Û I. í.--/'~ £é !f¿.c£&:-/.Þ.' ~0 ;/ ,,1 .' . KNOWL TON-RATLlFF-ENGLlSH-FLOWERS, INc. ENGINEERS-ARCHITECTS-PlANNERS/ Fort Worth - Dallas a Tea company June 14, 1974 Planning & Zoning Commission City of North Richland Hills 4101 Morgan Circle Fort Worth, Texas 76118 Subject: 3-872, CITY OF NORTH RICHLAND HILLS, NORTHEAST BUSINESS'PARK We have received the final plat and construction plans for the subject subdivision and offer our comments as follows: 1. The developer should submit a permit from the Texas Highway Department to tie Commercial Court on to F. M. Highway 1938. 2. An 8-inch sewer line should be constructed in this subdivision as it is a commercial area. This would be in lieu of the 6-inch line shown on the plans. 3. The developer should also submit a permit from the Texas High- way Department for the sewer line bore across F. M. 1938. 4. The toe wall at the edge of the concrete channel liner should be 12 inches by 12 inches in lieu of the section shown on the plans. 5. The plans refer to a 4-inch liner in one area and to a 5-inch liner in other areas. The 5-inch thickness of liner should be used on all wall sections of this channel liner. 6. The layout sheet of the channel liner section shows the bottom width to vary from 12 feet to 14 feet; however, the channel section itself shows a width of 25 feet. This dimension change should be acknowledged and corrected on the layout sheet. 7. Weep holes in the channel liner should be constructed on 10 foot centers as opposed to 15 foot centers as shown on the plans. 600 FIRST STATE BANK BLDG. . BEDFORD, TEXAS 76021 . 817/283-6211 I ;-- Page 2 - 6/14/74 - Planning & Zoning Commission 8. A 21-6" X 8" toe wall should be constructed at the downstream end of this liner to prevent erosion upon completion of the structure. The developer's engineer should contact us regarding the appropriate design and allowance for weep holes in the toe wa II i tse 1 f. 9. The plans call for 6-inch by 6-inch by 16 gauge wire mesh to be used for reinforcing steel in the walls of the channel liner. We would recommend that the developer use either 6-inch by 6-inch by 10 gauge wire mesh or No. 3 reinforcing steel bars at 18 inches on centers each way. 10. The developer has al~o failed to submit the plans for the bridge details, and he has informed us that he will submit these later this week. There are a considerable number of items here mentioned that need correction; however, we would recommend that the final plat for this subdivision be approved; and we feel like all of the matters involving construction details can be approved with the final submittal of the revised set of constructi~n plans. ~ CHARD PERKINS, P.E. JRP- r CC: Mr. Gene Riddle, City Manager BUILDING COMPLEX ALCOHOLIC BEVERAGE ORDINANCE CITIZEN1S PRESENTATION ADJOURNMENT ATTEST: Page 11 August 26, 1974 Councilman Ellis and Cato asked to have another work session of the budget prior to the Public Hearing. After much discussion, a work session was scheduled for Sunday, September 8, 1974 at 4:00 p.m. Approval to Proceed with City Building Program Councilman Ellis moved, seconded by Councilman Wood, to proceed with plans for a Municipal Building complex with the Architect Selection Committee making their recommendation at the September 9, 1974 meeting. The motion carried 6-0. Mayor Faram asked City Attorney Tim Truman if the City's Alcoholic Beverage Ordinance could be changed to limit the number of permits issused in the City or could the City limit the sale to specific streets. Mr. Truman replied affirmatively provided information was supplied which would substantiate the reasons why such limits were imposed. The City Manager was instructed to have the Traffic Safety Coordinator supply all possible traffic information on Davis Blvd., Highway 121, Bedford Euless Road and Rufe Snow. None Mayor Faram adjourned .the regular City Council meeting at 11:05 p.m., August 26, 1974. ~#da4dP/~/ Dick Faram - Mayor