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HomeMy WebLinkAboutCC 1973-10-22 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, OCTOBER 22, 1973 - 6:25 P.M. CALL TO ORDER ROLL CALL Mayor Marion L. Massey called the meeting to order at 6:25 p.m. October 22, 1973. PRESENT: Mayor Mayor Pro Tern Councilmen Councilwoman Marion L. Massey Dick Faram Norman Ellis James F. Cato Walter Smith JoAnn Goodnight CITY STAFF: City Manager City Secretary City Engineer City Attorney ABSENT: Councilmen M. E. Riddle Anna Lee Caudry J. Richard Perkins Tim Truman INVOCATION Tom E. Newman Lloyd McKinney The invocation at this regular City Council meeting was given by Councilman Dick Faram. APPROVAL OF TABLED MINUTES The minutes of the regualr City Council Meeting of September 24, 1973, were approved with the following changes: On page 5, under designation of City Depository, delete the line liThe motion died for a lack of a second" and insert "Councilman Smith seconded the motion. II The vote to table was 2-3; Councilmen Smith and McKinney voting for; Councilmen Faram and Ellis and Councilwoman Goodni ght voti ng against. II On page 6 under consideration to pay Shaw Construction Company, add Councilwoman Goodnight as voting aganist the motion for payment. The motion to approve was made by Councilman Smith and seconded by Councilman Ellis. The vote was 5-0. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING CITIZENS PRESENTATION * five eights inch fire rated gyp rock WARRANT FEES Page 2 RegulárCityCouncilMeeting - October 8, 1973 Councilman Faram moved, seconded by Councilman Ellis, to approve the Minutes of the Regular City Meeting of October 8, 1973. City Attorney Tim Truman stated that on page 2, third paragraph from the bottom, the word lIindemnityll should be lIimmunity". With the correction the motion carried by a vote of 5-0. Mr. Jack Mathis Don Loftis Construction Company Re: Variance from Brick Ordinance on Diamond Oaks Apartment Complex Mr. Mathis asked the Council to grant a variance from the Building Code requirement that an apartment complex must be 75% brick. The proposed complex will be three stories high with the lower two floors 100% brick and the top floor wood. The brick portion will be 67% of the total area. The builders feel this design will blend with the landscape and will make a attractive apartment complex. Councilman Faram moved, seconded by Councilwoman Goodnight, that the variance be granted and the apartment complex be built as per plans and specifications with the addition of five *eights.fire rated gyp rock behind the wood panels on the third floor. The motion carried by a vote of 5-0. Consideration of Increase in Warrant Fees City Manager Riddle explained the proposed new policy of serving warrants. He suggested that the warrant fee be increased from $7.50 to $10.00 and the warrants be served by the City's police officers. If any warrant is served outside Tarrant County a car allowance of an eleven cent per mile will be paid. City Manager Riddle said that $7.50 of the $10.00 will be passed on to .the subject of the warrant. The city will pay the additional $2.50. The warrants will be screened by the Chief of Police before they are served. Page 3 Councilman Ellis moved, seconded by Councilman Faram, to increase the warrant fee to $10.00 for off duty police officers with an eleven cent per mile car allowance for warrants served outside Tarrant County. The motion carried by a vote of 5-0. CONTRACTOR'S ESTIMATE A & H Contractors, Inc., Estimate #2 and Final, Job # 3-516, Sunny Meadow Sewer Extension, in the amount of $2,134.00 Councilman Faram moved, seconded by Councilwoman Goodnight, to approve payment in the amount of $2,134.00 to A & H Construction Company, Inc., for Sunny Meadow Sewer Extension. The motion carried by a vote of 5-0. SIDEWALK ORDINANCE Consideration of Changes in Existing Sidewalk Ordinance City Manager Riddle suggested that these proposed changes in the sidewalk ordinance be tabled, as the entire Zoning Ordinance is now under study and changes are expected in the future. Councilman Ellis moved, seconded by Councilwoman Goodnight, to table the proposed ordinance. The motion carried by a vote of 5-0. APPROVAL OF BIDS Consideration of Bids on Park Construction Mr. Mike Monroe, Park Planner for Knowlton- Ratliff-English-Collins, presented the results of the bids on construction of two parks. The only bid received was from Zack Burkett Company, in the amount of $52,364.30, with no time bid. Mr. Monroe recommended that this bid be rejected because he felt the dollar amount was excessive and due to the fact that no time was bid. Councilman Cato moved, seconded by Councilman Ellis, to reject the bid by Zack Burkett Company. The motion carried by a vote of 5-0. APPROVAL OF BIDS Consideration of Bids on Two Comfort Stations "-. Mr. Mike Monroe presented the tabulation of the seven bids received on the two comfort stations. Page 4 M & L Construction Company was the low bidder with a bid of $24,047. Mr. Monroe recommended this bid be accepted. Councilwoman Goodnight moved, seconded by Councilman Faram, to accept the bid of M & L Construction Company in the amount of $24,047. Councilman Cato asked if the funds for this project were available. The City Manager advised they were. Councilman Cato instructed the City Manager to check and if these funds are in surplus, come back to the Council and ask for approval to transfer the funds from surplus to the HUD Park Fund. PLANNING & ZONING The motion carried by a vote of 5-0. PZ 73-42, Request of F. E. Harrington for Specific Use Permit for the sale of Beer for Off-Premise Consumption Mayor Massey called for Mr. Harrington to come forward. Mr. Harrington was not present. Councilman Cato moved, seconded by Councilman Smith, to table PZ 73-42, until the City Council Meeting of November 12, 1973, and Mr. Harrington be notified to attend. PLANNING & ZONING The motion carried by a vote of 5-0. PZ 73-43, Request of B. Huber for Specific Use Permit for the sale of Beer for Off- Premise Consumption Mayor Massey called for Mr. Huber to come forward. Mr. Huber was not present. Councilman Cato moved, seconded by Councilman Smith, to table PZ 73-43, until the City Council Meeting of November 12, 1973. The motion carried by a vote of 5-0. MOTION TO RECONSIDER Motion to Reconsider PZ 73-42 Councilman Cato moved, seconded by Councilman Faram, to reconsider PZ 73-42. The motion carried by a vote of 5-0. Mayor Massey declared the Public Hearing on PZ 73-42 open. Page 5 Mr. F. E. Harrington, 7700 Davis Blvd. appeared before the City Council requesting that his grocery store at 7700 Davis Blvd. be rezoned for the Sale of Beer for Off-Premise Consumption. Mr. Kirby, 8601 Cardinal Lane, Smithfield, appeared before the City Council to speak aganist this request. He opposed the granting of this request because it was in an area of homes. Mrs. Barbara Puckett, Rt. 1, Box 597, Smithfield, appeared before the City Council expressing her concern for the children of the community. Mrs. Lorane Baldwin, Rt. 3, Box 413, Smithfield, appeared before the City Council expressing her concern about the traffic on this street and feels that if this rezoning is granted the problem will be compounded. Councilwoman Goodnight asked the City Council to explain what situations must exist before the City Council can legally deny an application. City Attorney Truman stated that only on the grounds of health, safety or general welfare of the community could the City Council deny an application. This decision should be based on evidence presented to the City Council that a hazard would be created. Mayor Massey closed the Public Hearing on PZ 73-42. Councilwoman Goodnight moved, seconded by Councilman Ellis, that the City Council deny this request based on information that can justify that there is a hazard to the general welfare of the people of this area. The motion carried by a vote of 5-0. PLANNING & ZONING PZ 73-45, Request of 7-Eleven Stores for Specific Use Permit, Sale of Beer for Off- Premise Consumption Mayor Massey declared the Public Hearing on PZ 73-45 open. Mr. Robert Frost, 4901 Cole Avenue, Dallas, representing Southland Corporation, 7-Eleven Stores, appeared before the City Council requesting approval of the application for the sale of Beer for Off-Premise Consumption, at the 7-Eleven Store located at 5050 Davis Blvd. Page 6 There being no further persons present wishing to speak for or aganist PZ 73-45, Mayor Massey declared the Public Hearing closed. PLANNING & ZONING Councilman Smith moved, seconded by Councilwoman Goodnight, to approve PZ 73-45, Ordinance No. 501. The motion carried by a vote of 5-0. PZ 73-46, Request of John R. Wright, for Specific Use Permit, for the Sale of Beer for Off-Premise Consumption Mayor Massey declared the Public Hearing on PZ 73-46 open. Mr. Ron Wright, Main & Smithfield Road, appeared before the City Council requesting approval of PZ 73-46. Mr. Wright stated he felt the sale of beer could be handled well in his store. Mrs. Ron Wright, Main & Smithfield Road, appeared before the City Council stating that she did not really want the sale of beer in their store, but to be competitive, she felt they must have it. She feels they are in direct competition with 7-Eleven. Mr. Don Pressley, 7413 Douglas Lane, Chairman of the Decons, First Baptist Church of Smithfield, spoke against this application. Mr. Pressley was concerned because of the way the State measured the distance between the store and the church property. Because all other zoning measurements are made property line to property, he felt this method should be employed in this instance also. Mr. Joe Puckett, Eden Road, Smithfield, representing Smithfield Church of Chirst, spoke aganist the sale of liquor in the community. He felt that the close proximity of the elementary school and three churches made it undesirable to have beer being sold in the store. The churches have activities during the week for the youth and Mr. Puckett feels the sale of beer would be detrimental to their programs and a bad influence on the youth. Rev. Ron Smotherman, 7725 Deaver Drive, pastor of Smithfield Church of Chirst, spoke aganist the approval of PZ 73-46. He stated that the traffic is very heavy and the granting of the request might only increase the existing hazard. Page 7 Mayor Massey declared the Public Hearing closed. A TEN MINUTE RECESS WAS CALLED AT THIS TIME PLANNING & ZONING Councilman Faram moved, seconded by Councilman Ellis, to deny PZ 73-46, request of John P. Wright, for Specific Use Permit, Sale of Beer for Off-Premise Consumption. The motion carried by a vote of 5-0. PZ 73-47, Request of Day Homes Incorporated to rezone 15 acres out of the J. C. McComas Survey, Abstract 1040, from Agriculture to IF-9 One Family Dwelling Mayor Massey declared the Public Hearing on PZ 73-47 open. No one was present to speak for or aganist PZ 73-47. City Engineer Perkins stated that on September 26, 1973, Day Homes Incorporated had been requested to change the map to show the property located on Chapman Road, instead of Watauga- Smithfield Road and this change had not been made. PLANNING & ZONING After discussion, Councilman Ellis moved, seconded by Councilman Faram, to approve PZ 73-7, Ordinance No. 502, with the stipulation that the name change be corrected. The motion carried by a vote of 4-1; Councilmen Ellis, Faram, Cato and Smith voting for; Councilwoman Goodnight voting aganist. PZ 73-49, Request of Stop IN Go for Specific Use Permit, Sale of Beer for Off-Premise Consumption Mayor Massey declared the Public Hearing on PZ 73-49 open. Mr. Ron Carson, District Manager of Stop IN Go, requested an Off-Premise Liscense for the store that operates at 5251 Davis Blvd. Councilman Cato asked the distance between the church and Stop IN Go. Mr. Carson stated that they were so far away the State did not measure. Page 8 Mr. Cleatice Sipes, 6612 Snider, stated that he opposed all of these cases. He noted that the school in the area had children using the playground until late in the evening and there was a school crossing there. He felt the increase in traffic would create a hazard. Murriel Jordan, 7701 NorlEast Drive, stated the store in question is in a residental nieghborhood and she opposed granting the rezoning. Councilman Ellis asked the City Manager if he had measured the distance from door to door in a stright line between the Davis Memorial Church and Stop IN Go. City Manager Riddle advised he had only measured the distance on a plat and it is approximately 200 feet. Mayor Massey declared the Public Hearing closed. Councilman Ellis moved to table PZ 73-49 until exact measurements are obtained on the distance between the church and Stop IN Go. After discussion, Councilman Ellis withdrew his motion. Councilman Faram moved, seconded by Councilwoman Goodnight, to deny PZ 73-49, the request of Stop IN Go for Specific Use Permit, Sale of Beer for Off-Premise Consumption. The motion carried by a vote of 4-1; Councilmen Faram, Ellis, Cato and Councilwoman Goodnight voting for; Councilman Smith voting aganist. ITEM ADDED TO AGENDA Consideration of Priorities for New CIP Bonds, in order that Engineering work may begin After discussion, Councilman Ellis moved, seconded by Councilwoman Goodnight, to add this item to the agerida. The motion carried by a vote of 5-0. After discussion, Councilman Ellis moved, seconded by Councilman Smith, to approve the recommendation of the City Engineers for Contract #14 of the CIP Street and Drainage Program as presented. The motion carried by a vote of 5-0. PROCLAMATION CITIZENSI PRESENTATION ADJOURNMENT Page 9 Mayor Massey instructed the City Engineer to provide the City Council with a list of the streets that will be excluded from the program. Proclamation - International Toastmistress Mayor Massey read a proclamation declaring the Month of October International Toastmistress month in the City of North Richland Hills. None There being no further items on the agenda for consideration, Councilman Ellis moved, seconded by Councilman Faram, that the City Council Meeting of October 22, 1973, be adjourned. The motion carried by a vote of 5-0. alftUV~/ (!ä.£uiu/ CITY SECRETARY - ANNA LEE CAUÐRY