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HomeMy WebLinkAboutCC 1984-04-09 Minutes Present: Absen t : ITEM DISCUSSION OF PS 84-27 REQUEST OF AUBREY BROTHERS FOR FINAL PLAT OF FLAMINGO ESTATES, SECTION 2 (AGENDA ITEM tIll ) DISCUSSION OF REQUEST OF M&W INVESTMENTS FOR A BILLBOARD SIGN NOTES ON PRE-COUNCIL MEETING APRIL 9, 1984 Dan Echols Marie Hinkle Jim Ramsey Richard Davis Dick Fisher J.C. Hubbard Harold Newman Rodger Line Dennis Horvath Rex McEntire Virginia Moody Jim Grotjan Jim Kenna DISCUSSION Mayor Councilwoman Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager Assistant City Manager City Attorney Councilman RNL briefed the Council on PS 84-27. Neither of the two conditions stipulated by the Planning and Zoning Commission had been met. The two stipulations were: 1) a letter from the downstream property owners, or 2) written waiver from the City Engineer for down- stream runoff. The staff recommended denial. There was discussion about the money put in escrow by the developer ,for the improvement to Eden Road. This money was to be used with City funds and County assistance for this improvement. The Eden Road improvements concern Phase I only and does not relate to this plat. Mr. Kirk Nance, from M&W Investments, appeared before the Council regarding a proposed billboard sign at Loop 820 and the Saint Louis and South- western Railroad Crossing. After some discussion, ASSIGNMENT NAN Gene - Please handle Page Two 4/9 Pre-Council ITEM DISCUSSION ASSIGNMENT the staff was directed to determine if the property must be platted, and if there are any other technical requirements that must be met before a billboard can be erected on this site. If platting and other details can be worked out, Mr. Nance should go to the Planning and Zoning Commission with his request for a zoning change and the case will then be presented to the full Council. OTHER ITEMS The remainder of this meeting was spent briefing the Council on changes to the Agenda. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL - 7301 NORTHEAST LOOP 820 - APRIL 9, 1984 - 7:30 P.M. 1. Mayor Pro Tem Ramsey called the meeting to order April 9, 1984, at 7:30 p.m. 2. Present: Jim Ramsey Richard Davis Dick Fisher Marie Hinkle J.C. Hubbard Harold Newman Staff: Rodger N. Line Dennis Horvath Jeanette Moore Rex McEntire Richard Albin Lou Spiegel John Whitney Marj orie Nash George Tucker Mark Hannon Press: Mark England David Doremus Absent: Dick Faram Jim Kenna Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman City Manager Assistant City Manager City Secretary City Attorney City Engineer Finance Director Purchasing Agent Planning & Zoning Comm. Planning & Zoning Comm. Planning & Zoning Comm. Mid Cities Daily News Northeast Chronicle Mayor Councilman CALL TO ORDER ROLL CALL Mayor Pro Tem Ramsey stated that for the record, Councilman Kenna was at a business meeting and Mayor Faram was not present as his wife was ill. 3. The invocation was given by Councilman Fisher. 4. Councilman Hubbard moved, seconded by Councilwoman Hinkle, to approve the minutes of the March 26, 1984 meeting. Motion carried 5-0. Mayor Pro Tem Ramsey stated that Councilman Hubbard had asked for special privilege at this time. Councilman Hubbard read the following letter: Fellow Council and Citizens of North Richland Hills: INVOCATION CONSIDERATION OF MINUTES OF THE REGULAR MEETING MARCH 12, 1984 APPROVED I beg of you to be patient and allow me a few moments at this time to point out some facts about a man, who is not with us tonight. We are losing his services tonight and probably will never be privileged to have them again - DICK FARAM. I have had the privilege of knowing and being a friend of Dick Faram for 20 years. To give you an idea of the type man Dick is. I met him at the home of my brother. Dick and his wife (Beth) were lending their support to my brother who was losing his wife to an incureable disease. Tonight Dick is faced with the same sad situation with his wife. I should be by Dick's side now in place of being here. However, Dick asked that I fulfill my duty to the citizens of this City, by attending this meeting, as I was elected to do two years past. Dick Faram has given this City far more than any other person of North Richland Hills has ever done, or will ever do in the future. I have seen Dick Faram fight his best friend defending what Dick felt was best for all citizens of North Richland Hills. I have seen Dick Faram fight his worst enemy defending what Dick felt was best for all citizens of North Richland Hills. I have seen Dick Faram cry tears like a child for those who did not have water to flush their toilets or to wash their child. I have seen Dick Faram spend endless nights with no sleep working on ways to improve these type of situations. I have seen Dick Faram cry like a child and ask why am I depriving myself and my family of our time, to help this City, when there are those who ridiculed him for his efforts. Dick Faram should rank with the Carters, Leonards and others who made Fort Worth as it is today, with the exception that Dick Faram did not receive financial gains as those people did. Dick Faram, after 15 years of struggling, has gotten the City of North Richland Hills headed in the right direction over the past two years. Dick Faram devoted seventeen years to this City, asking nothing for himself and I hope you will include in your prayers, as I do, that Dick Faram will get to spend some time with his family, that this City had deprived him of for seventeen years. April 9, 1984 Page 2 As an outgoing official in a few short weeks, I now challenge you as the Council to continue the path of this City that Dick Faram has pioneered for you, yet you will not have such leadership to guide you. I have no doubts that some of you will fight with your heart and soul to see this progress continue. If you will protect and assist your City Manager and City Staff, Dick Faram's ideals and efforts will not have been in vain. If this City does not in some way leave a street, park, building or statute to preserve Dick Faram's name in its history, then this City does not deserve the name Star of the Metroplex. In closing, to borrow a quote from Mayor Pro Tem Jim Ramsey, "I am proud to be a small part in Dick Faram's life and apologize to no one for this wonderful privilege. Only our prayers and God's will can let Dick enjoy some greatly deserved time with is wife, Beth". Entered into the minutes of the City Council of North Richland Hills, Texas, at its Regular Meeting of April 9, 1984 A.D., as written and read by Councilman J.C. Hubbard. THANK YOU DICK FARAM. Mayor Pro Tem Ramsey asked if there was anyone present to represent Item #13, PZ 84-13. Mr. Martin, Consulting Engineer, appeared before the Council. Mayor Pro Tem Ramsey advised Mr. Martin that because a legal petition was submitted against this request, that under the Charter all members present tonight would have to vote affirmative and would allow the applicant to postpone the request. Mr. Martin stated he would have to talk to the applicant and asked that the request remain in the order listed on the agenda. 7. Mayor Pro Tem Ramsey stated that Item #7 would be moved to this point of the agenda. Mayor Pro Tem Ramsey stated he would like to thank the Council and the community for allowing him to serve as Mayor Pro Tem. Mayor Pro Tem Ramsey stated that he enjoyed serving in this capacity. Mayor Pro Tem Ramsey read the following Resolution: WHEREAS, an Election was duly held in the City of North Richland Hills, Texas, on the 7th day of April, 1984 to elect a Mayor and Council Places 2, 4 and 6; and WHEREAS, the Mayor and City Council duly canvassed the votes of said election on this the 9th day of April, 1984; and April 9, 1984 Page 3 CONSIDERATION OF RESOLUTION CANVASS- ING THE VOTES CASTED AT THE APRIL 7, 1984 CITY COUNCIL ELECTION AND DECLARING THE DULY ELECTED OFFICIALS APPROVED WHEREAS, the canvass showed the following results: Candidates Dan Echols Dick Faram Office Mayor Total 815 596 Jim Kenna Greg Vorster Council Place 2 806 559 Jim Grotjan Virginia Moody J.C. Hubbard Council Place 4 372 642 346 J.P. Moyse Jim Ramsey Council Place 6 576 789 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The above canvass be and the same hereby is in all things approved. 2. The Council finds that the following candidates should be declared elected to the office indicated: Office Duly Elected Official Mayor Council Place 2 Council Place 4 Council Place 6 Dan Echols Jim Kenna Run-off Jim Ramsey Councilman Hubbard moved, seconded by Councilwoman Hinkle to approve Resolution No. 84-9. Motion carried 5-0. 8. Mr. McEntire administered the following Oath of Office to Dan Echols and Jim Ramsey: I, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of (City Councilman .or Mayor) of the City of North Richland Hills, State of Texas, and will to the best of my ability, preserve, protect, and defend the Constitution and laws of the United Stated and of this State: and I do furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to pay, contributed nor promised to contribute any April 9, 1984 Page 4 OATH OF OFFICE - DULY ELECTED OFFICIALS money, or valuable thing or promised any public office or employment as a reward for the giving or withholding a vote at the election at which I was elected. So help me God. Mayor Echols stated he wanted to take this opportunity to thank the citizens of North Richland Hills for the opportunity to serve the City. Mayor Echols stated he wanted to echo Mr. Hubbard's comments in regard to Dick Faram, who had contributed seventeen years of good years to this City and made many valuable contributions. Mayor Pro Tem Ramsey made the following statement: I would like to make a statement about Saturday's election. The incumbent Dick Faram and Mr. Hubbard were defeated. Their opponents campaigned hard and those are the results and we have to live with it. Two other incumbents, Mr. Kenna and myself were re-elected but those results really hid the shameful facts. The truth is five hundred plus persons exercised their right to vote in what appears to be a thoughtless and spiteful way. We thought we could remind the voters of our accomplishments and avoid putting the election on a personality basis. The facts are that the two men who signed up against us have never actively been involved in City affairs. Neither respected the voters for which they were running, cared enough to submit answers to the voters guides appeared to face the public on the television forum, or any of the other normal stuff that you do when you are running for office so that people get to know you. The further facts are that one of them was not even registered to vote and thought seriously about withdrawing knowing he could not take office if he got elected. The other one was only allowed to vote at the discretion of the election judge since he too was not a valid registered voter. Further it would have been difficult for that gentleman to serve the community since his drivers license had been suspended for the second time. In the fact of this knowledge there could be no other conclusion that these five hundred and fifty plus votes, about 43% that were cast were in a very negative and spiteful manner. It certainly has taken some of the joy and respect out of the position that I hold. In conclusion, I would urge the voters of North Richland Hills not to take the way of listening to and endorsing lies and dishonest innuendos and I would strongly urge that in the future that the citizens of North Richland carefully look at the candidates and give them a chance to defend themselves against the rumors. I would also urge you to please find out the truth before you exercise your right to vote. I thank everybody for their indulgence. April 9, 1984 Page 5 5. Councilman Davis removed item #22 from the Consent Agenda. 6. Mayor Pro Tem Ramsey moved, seconded by Councilman Davis, to approve the Consent Agenda. Motion carried 6-0. 7. Moved to beginning of meeting. 8. Moved to beginning of meeting. 9. Mr. McEntire presented the following resolution: WHEREAS, at the City Election of April 7, 1984, no candidate received a majority of the votes in the race for City Council Place 4; and WHEREAS, it is necessary to hold a Run-Off Election for City Council Place 4. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Richland Hills, that: 1. A Run-Off Election is hereby called for April 28, 1984, hours 7:00 a.m. until 7:00 p.m. Such election shall be held at City Hall, 7301 Northeast Loop 820. 2. The run-off shall be between Virginia Moody and Jim Grotjan. 3. The following persons shall conduct such election: Myrtis Byrd Sherry Arnold - Judge - Alternate Judge and such clerks and the Election Judge shall appoint. 4. Absentee voting shall commence in the Office of the City Secretary at 8:00 a.m. on April 16, 1984 and cease at 5:00 on April 24, 1984. 5. The election shall be conducted pursuant to the Election Laws of the State of Texas and the entire City shall be considered one voting precinct. Councilman Davis moved, seconded by Councilwoman Hinkle, to approve Resolution No. 84-10. Motion carried 6-0. April 9, 1984 Page 6 CONSIDERATION OF REMOVING ITEM(S) FROM THE CONSENT AGENDA CONSIDERATION OF CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (12, 20, 21, 23 & 24) APPROVED CONSIDERATION OF RESOLUTION CALLING RUN-OFF ELECTION RESOLUTION NO. 84-9 APPROVED 10. Councilman Davis nominated Mayor Pro Tem Ramsey. Councilman Hubbard nominated Councilman Davis. Mayor Pro Tem Ramsey declined to serve again as Mayor Pro Tem. Councilman Fisher seconded the nomination of Richard Davis as Mayor Pro Tem. Councilwoman Hinkle asked that since there would be a run-off in Place Four, should there be a full Council before electing a Mayor Pro Tem. Mr. McEntire stated the Charter stated the Mayor Pro Tem was to be elected tonight. Mayor Pro Tem Ramsey moved, seconded by Councilman Fisher, to elect Richard Davis as Mayor Pro Tem by acclamation. Mayor Echols stated that Richard Davis was elected as Mayor Pro Tem by acclamation. Mayor Pro Tem Davis stated he would like to thank the Council for the confidence they placed in him to carry out the duties of Mayor Pro Tem. Mayor Pro Tem Davis stated it did take a lot of hours, time, and efforts. Mayor Pro Tem Davis stated he would like to compliment the last Mayor Pro Tem for the time and efforts he put forth as Mayor Pro Tem. Mayor Echols stated he looked forward to a very profitable year with the Council and felt the City could move ahead in the direction all wanted to go. 11. Mr. John NaIl, Consulting Engineer, appeared before the Council representing Aubrey Brothers. Mr. Nall stated that all the Engineers comments had been met on this request with the exception of one and that was a letter from the property owner downstream regarding the discharge of storm water onto the property. Mr. Nall stated the property owner was unwilling to give the permit and asked if a letter could be obtained from the City Engineer indicating such permission would not be required. Mr. Albin stated he was not authorized to recommend that the letter from the downstream property owner be waived. Mr. NaIl stated that approximately 41 acres of water would be discharged downstream, they were discharging at the same point of the present discharged. Mr. Nall stated the downstream property owners requested that the point of discharge be diverted off their property. April 9, 1984 Page 7 CONSIDERATION OF ELECTION OF MAYOR PRO TEM PLANNING & ZONING - PS 84-27, REQUEST OF AUBREY BROTHERS FOR FINAL PLAT OF FLAMINGO ESTATES, ESTATES, SECTION 2 (LOCATED ON THE NORTH SIDE OF FLAMINGO ESTATES, SECTION 1 AND APPROXIMATELY 700 FEET EAST OF THE INTERSECTION OF EDEN ROAD AND RUMFIELD ROAD) DENIED Mayor Echols stated that as Mr. Nall had pointed out neither of the two options that were recommended by the Planning and Zoning Commission for approval had been achieved at this point. Councilman Hubbard moved, seconded by Councilman Ramsey, to deny PS 84-27. Mayor Pro Tem Davis stated he felt the Council had to deny this request because the City would not, without prior approval from adjacent property owners, devert water on their property. Councilman Ramsey stated he did not think Eden Road would handle the traffic. Councilman Ramsey stated the City had asked for funds to help solve the situation. Councilman Ramsey stated that in addition to the drainage and the traffic on Eden Road he would have to vote against the plat. Motion to deny carried 5-1; Councilmen Hubbard, Newman, Ramsey, Fisher and Mayor Pro Tem Davis voting for; Councilwoman Hinkle voting against. *12. 13. Mayor Echols advised the Council there was a legal petition against this request and would require 6 positive votes for approval. Mayor Echols asked the applicant if he would like to table this item until a full Council was present. Mr. James Martin, Consulting Engineer, appeared before the Council. Mr. Martin stated he had talked with Mr. Adcock and he would like to table the request until a full Council was present. An unidentified citizen stated that Mr. Martin was not the applicant and could not speak for the applicant. Mayor Pro Tem Davis stated a public hearing had not been declared and the item had been withdrawn by the applicant. April 9, 1984 Page 8 PLANNING & ZONING - PS 84-28, REQUEST OF MARVIN D. SMITH FOR FINAL PLAT OF MAROAKS ADDITION, SECTION 2 (LOCATED ON THE SOUTH SIDE OF DOUGLAS LANE, BOUNDED ON THE WEST BY MAROAKS ADDITION, SECTION 1, AND ON THE SOUTH BY WINCREST ADDITION) APPROVED PLANNING & ZONING - PUBLIC HEARING, PZ 84-12, REQUEST OF JAMES RUST AND A.T. ADCOCK TO REZONE TRACT 7, WILLIAM COX SURVEY, ABSTRACT 321, FROM AGRICULTURE TO R-2 (SINGLE FAMILY) (LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF HIGHTOWER DRIVE AND MEADOW ROAD) POSTPONED Mayor Echols stated the Council had given the applicant the opportunity to withdraw. A public hearing had not been declared. An unidentified citizen stated that Mr. Martin did not have the right to withdraw the request since he was not a representative of the client. Mrs. Wanda Calvert, Planning and Zoning Coordinator, stated she had spoke with Mr. Adcock and he advised he could not be present at the meeting and would send a representative. An unidentified citizen asked if someone could show him in writing that said Mr. Martin represented the applicant. Councilman Ramsey called for a point of order. Councilman Ramsey stated this was not a public hearing and the request had been withdrawn. 14. Postponed 15. Mr. McEntire presented the following caption: AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREET: FLORY STREET BETWEEN GRAPEVINE HIGHWAY AND GLENVIEW DRIVE IN THE CITY OF NORTH RICHLAND HILLS, TEXAS, FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREFORE FOR A PART OF THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR METHODS OF PAYMENT; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS, DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATIVE TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORD OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. 16. Mayor Echols opened the public hearing and called for anyone wishing to speak to please come forward. Mr. Bob Willard, 7608 Hightower, appeared before the Council. Mr. Willard stated he would like to request that the Council deny any improvements at the present time because this street ran behind Walker Construction Company, who had legal action pending against the City. April 9, 1984 Page 9 CONSIDERATION OF ORDINANCE DETERMINING NECESSITY OF IMPROVE- MENTS OF FLORY STREET ORDINANCE 1101 PUBLIC HEARING - ASSESSMENTS FOR IMPROVEMENT ON FLORY STREET Mayor Echols stated the reason the street was being considered for improvements was because it was one of the streets that had been considered for work from the bond issue that was voted on some years back. Mr. Willard stated he felt there were other streets in North Richland Hills that were more of a major thoroughfare that needed to be improved before Flory Street. Mr. James Walker, 4604 Holiday Lane, appeared before the Council. Mr. Walker stated he would like to see improvements to Flory and was willing to pay his part. Mr. McEntire asked Mr. Walker if he felt the assessment would increase the value of his property. Mr. Walker stated he did not know if it would increase the value, but he was not looking at value. He was looking for a way to get up and down the street. Mr. Joe Henry, 125 Cooper, Hurst, appeared before the Council. Mr. Henry asked if the assessment included sewer. Mayor Echols state the assessment included drainage improve- ments which would be a storm sewer. Mr. Henry asked if the Council was aware of the fact that there was no sewer in the area. Mr. Albin stated the improvements did include sanitary sewer. Mr. Henry asked if there were any plans to improve Harmonson. Mayor Echols stated Harmonson was included in this particular ordinance. Mr. Line stated Harmonson was planned to be improved this year. Mr. Line stated Harmonson was not in this particular contract so it would not be done at the same time. Mr. Line stated the plans were for the City Street Department to overlay Harmonson. Mayor Echols asked Mr. Henry if he owned property on Harmonson. Mr. Henry stated yes, two lots on Harmonson and one on Flory. Mayor Echols advised Mr. Henry that the City Secretary had a letter for him that showed what the maximum assessment would be, if he would like to have it. April 9, 1984 Page 10 Mr. James Young, Clearmeadow, Bedford, appeared before the Council. Mr. Young stated that his son owned property on the corner of Glenview and Flory and according to the letter he received, since the property faced on both streets. Which would be considered the front since it would make a difference in the amount of the assessment? Mr. Albin stated the property would be assessed at commercial side rate. Mr. Young asked who would bear the cost of engineering on the additional five foot easement that the City needed. Mr. Line stated the City would bear the cost and Mr. Young would be contacted by an agent from the City offering to purchase the easement at fair market value. Mr. Young stated he was trying to get the property platted. Mr. Young stated he applied for a building permit and in order to get the permit the property had to be platted. Mr. Young stated he was wondering about the cost of the transfer of the easement. Mr. Line stated just so there would not be any misunderstand- . ing the City would not pay the cost of Mr. Young's engineering that was necessary for the platting. Mr. Young stated he understood that. There being no one else wishing to speak, Mayor Echols closed the public hearing. 17. Mr. McEntire read the following caption: AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON THE FOLLOWING STREET: FLORY STREET BETWEEN GRAPEVINE HIGHWAY AND GLENVIEW DRIVE IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHER INTERESTED PARTIES; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY OF NORTH RICHLAND HILLS CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Councilman Hubbard moved, seconded by Councilman Fisher, to approve Ordinance No. 1102. April 9, 1984 Page 11 CONSIDERATION OF ORDINANCE APPROVING AND ADOPTING THE ESTIMATES FOR IMPROVEMENTS ON FLORY STREET ORDINANCE 1102 APPROVED Mayor Pro Tem Davis stated that on behalf of the CIP Committee, they had looked over the entire City and at the bond election that was held, what streets were in the last bond election. Mayor Pro Tem Davis stated that the Committee tried to establish priorities. Mayor Pro Tem Davis stated the voters decided that Flory Street was one that needed to be done. Mayor Pro Tem Davis stated that not only commercial businesses were located on Flory, there was also homeowners there that needed the improvements. 18. Mr. McEntire read the following caption: ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREET; FLORY STREET BETWEEN GRAPEVINE HIGHWAY AND GLENVIEW DRIVE IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; FIXING CHARGES AND LIENS AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hubbard, seconded by Mayor Pro Tem Davis to approve Ordinance No. 1103. Motion carried 6-0. 19. Councilman Hubbard moved, seconded by Councilman Ramsey, to grant the appeal hearing on PZ 84-19, to be held May 28th, 1984. Motion carried 6-0. *20. *21. 22. Mayor Pro Tem Davis moved, seconded by Councilman Hubbard, to approve payment to Austin Road Company. Mayor Pro Tem Davis stated he would like to let the public know what a quick job Austin Road Company had done. Mayor Pro Tem Davis stated the reduced time and inconvenience to the citizens on this project had been a big asset to the City. Mayor Pro Tem Davis stated it was also another promise that was kept by this Council, as per the previous bond election April 9, 1984 Page 12 CONS IDERATION OF ORDINANCE CLOSING THE PUBLIC HEARING AND LEVYING THE ASSESS- MENTS ON FLORY STREET ORDINANCE NO. 1103 APPROVED CONSIDERATION OF GRANTING AN APPEAL ON PZ 84-19 - JACK ROSEBERRY GRANTED CONSIDERATION OF BIDS FOR LABELS, MAILER AND CARDS - LIBRARY APPROVED CONSIDERATION OF BIDS FOR WATER METERS APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #8, IN THE AMOUNT OF $96,771.91 TO AUSTIN ROAD COMPANY - RUFE SNOW PHASE II APPROVED that Rufe Snow Drive would be completed. Mayor Pro Tem Davis stated that because of the commercial development that had gone into the area the tax base of the City had been increased and also the sales tax. Mayor Pro Tem Davis stated he would like to thank the Council for allowing himself and Councilman Ramsey to serve on the CIP Committee and being able to work on this project. Mayor Pro Tem Davis stated that the Staff had done an outstanding job on administering this. Councilman Ramsey stated that one of the innovative things the Council did was to put an incentive clause in the contract that if they finished so many days ahead of schedule then they would receive a bonus. Motion to approve carried 6-0. *23. *24. 25. Mr. McEntire stated the Resolution passed at the last Council had the wrong company name. Councilman Hubbard moved, seconded by Councilwoman Hinkle, to approve Resolution No. 84-12. Motion carried 6-0. 26. Mr. McEntire stated this resolution authorized Mr. Echols and Mr. Davis to sign City checks in the place of Mr. Faram and Mr. Ramsey. Councilman Hubbard moved, seconded by Councilman Newman, to approve Resolution No. 84-12. April 9, 1984 Page 13 CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #4, IN THE AMOUNT OF $6,193.80 TO M&D CONSTRUCTION COMPANY - MORGAN MEADOWS WEST DRAINAGE IMPROVEMENTS APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #7, IN THE AMOUNT OF $48,451.65 TO M.A. VINSON CONSTRUCTION COMPANY - WALKER'S BRANCH DRAINAGE IMPROVEMENTS APPROVED CONSIDERATION AND PASSAGE OF RESOLUTION SUSPENDING RATE INCREASE REQUEST FILED BY TEXAS ELECTRIC UTILITIES COMPANY RESOLUTION NO. 84-11 APPROVED CONSIDERATION OF RESOLUTION AUTHORIZING CERTAIN PERSONS TO SIGN CHECKS RESOLUTION NO. 84-12 APPROVED Motion carried 6-0. 27. Mr. Bob Willard appeared before the Council. Mr. Willard stated he knew the Council could not take action on this issue but could make a request to the State on the citizens behalf. Mr. Willard stated that even though improvements had been made to Davis Boulevard he wanted to ask the Council to request the State make a left turn lane only to the Smithfield Road turn off. Mr. Line stated the State was in the process, at the present time, of doing that. Mr. Line stated the City had made an agreement with the State to furnish the materials and the labor to add another lane on the west side. Mr. Willard stated his second request was that, in reference to Item #13. The City require a power of attorney from the applicant to make a presentation. Mr. Line stated that the gentleman had indicated on the form he was the engineer representing the applicant. Mr. Willard stated that he would request that when the case was represented to the Council that it be denied. Mr. Willard stated he would request that no future development be allowed on that piece of property or the surrounding property. Mayor Echols stated he had asked the City Engineer about using the money that had been allocated for the drainage in the area and developing the drainage in the 25 foot easement. Mayor Echols stated that the City Engineer had advised him that if the City spent a great deal more money than would be spent for a 50 foot easement that would handle the flooding condition, it would take care of only a three year flood, which would not be a very good use of the money. Mayor Echols stated if the citizens in the area could see fit to give 12~ feet on either side it would give a 50 foot easement. The money was in the Capital Improvement Program and could be re-allocated. Mr. Willard stated he understood that Mack Garvin had attempted to get the easements and it was not favorable. Mack Garvin appeared before the Council. April 9, 1984 Page 14 CITIZENS PRESENTATION Mr. Garvin stated he tried to get the residents together to get the easements and four people in the subdivision were not intelligent enough to see the problem of future development to the northeast of the subdivision. Mr. Garvin stated he could do nothing about people who were stupid. He was trying to control his own problem. Mr. Garvin stated the majority of the residents wanted to help. Councilman Hubbard stated that Mr. Garvin was absent at the meeting when this subject came up and he would like to congratulate him on his efforts. Mr. Garvin stated he had recently seen a study that had been made in the area that placed a large portion of Morgan Meadows in a flood-way and would suggest that the City purchase the homes in the area and develop it into a park. Mayor Echols stated he had discussed the flood problem with Mr. Albin and he had indicated that there was some development underway that would help the situation. Mr. Grady Buck, 7629 Hightower, appeared before the Council. Mr. Buck stated there was vacant property behind his house that was being used for a dump ground and asked that something be done. Mayor Echols asked the address. Mr. Buck stated it was located at Meadow Road and Hightower. Mayor Echols stated this would be passed on the the City Staff . Mr. Jerry Fugler, 7613 Hightower, appeared before the Council. Mr. Fugler stated North Richland Hills was the third largest city in Tarrant County and there was no Master Zoning Ordinance for the City. Mr. Fugler stated, specifically, there was no zoning for the northern half of the City. Mr. Fugler stated that two years ago the Council made a solemn promise that they would have a Master Zoning Ordinance for orderly development for the northern half. Mr. Fugler stated that with the growth pattern that the City was in without a Master Plan, how was it going to grow? Mayor Echols stated a Zoning Map was available in the City Secretary's Office that showed the zoning for that area. Mr. Fugler stated there was supposed to be a Master Plan of North Richland Hills and the plan was denied in 1981. April 9, 1984 Page 15 April 9, 1984 Page 16 Councilman Ramsey stated the Master Plan consisted of three items. This was brought out at the political forum the League of Women Voters held. The first item was a Zoning Ordinance, which the City had. The second item was a thoroughfare plan. Councilman Ramsey stated the City did not have a bona fide thoroughfare plan right now, and there were valid reasons for that. Councilman Ramsey stated the third item was a future use plan and the City did not have that. Those two items were being worked on at the present time. Mr. Fugler stated the reason he asked to speak was that in talking with Mr. Line, who was very difficult to get to talk to, and with Mr. Riddle, they have no Master Plan. There was none in development at the present time, and that was as of two weeks ago. Councilman Ramsey stated he resented the remark. It was not a fair statement. It is not right to say you could not get in touch with Mr. Line. Mr. Fugler stated he was a registered voter, a licensed driver and a property owner in the City and paid his taxes on time and he was one of the five hundred and fifty people that voted against Councilman Ramsey. Mayor Echols recessed the meeting to executive session. Mayor Echols called the meeting back to order. The same Council Members and Staff were present as recorded at the beginning of the meeting. 27. Mayor Echols adjourned the meeting of April 9, 1984. ADJOURNMENT ~~ Mayor ATTEST: ~~~