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HomeMy WebLinkAboutCC 1982-09-27 Minutes 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, SEPTEMBER 27, 1982 - 7:30 P.M. 1. Mayor Faram called the meeting to order september 27, 1982, at 7:30 p.m. 2. Present: Dick Faram Jim Ramsey Jim Kenna Richard Davis J. C. Hubbard Harold Newman Marie Hinkle STAFF: Rodger N. Line Jeanette Moore Rex McEntire Richard Albin Dennis Horvath Gene Riddle Lou Spiegel PRESS: Jeff Yates Absent: Dick Fisher Mayor Mayor Pro Tem Councilmen Councilwoman CALL TO ORDER ROLL CALL City Manager City Secretary City Attorney City Engineer Assistant City Manager Director Public Works/Utilities Director of Finance Mid Cities Daily News Counc ilman 3. The invocation was given by Mayor Pro Tem Ramsey. 4. Mayor Pro Tem Ramsey moved, seconded by Councilwoman Hinkle, to approve the minutes of the regular meeting September 13, 1982. Motion carried 5-0; Councilman Kenna abstaining due to absence from the meeting. 5. Mayor Faram advised the Council that the Staff has recommended denial of this request. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to deny the request, based on the fact that the area was served by a two (2) inch water line and the citizens of North Richland Hills in that area had low pressure problems at the present time. Mr. Gary Tennyson, 7724 Precinct Line Road, appeared before the Council. INVOCATION CONSIDERATION OF MINUTES OF THE REGULAR MEETING SEPTEMBER 13, 1982 APPROVED CONSIDERATION OF REQUEST OF MID- AMERICA OF TEXAS, FOR WATER SERVICE AT 7724 PRECINCT LINE ROAD DENIED Mr. Tennyson stated he was requesting water service to his building on Precinct Line Road. Mr. Tennyson stated he had one employee at the site and needed the water for drinking and clean-up purposes. Mayor Faram asked what city the building was located in. Mr. Tennyson stated the site was located in Tarrant County. Mr. Line stated he had been informed that the City of Hurst had annexation in process and had a second reading on the annexa- tion scheduled for September 28, 1982. Councilman Davis asked Mr. Tennyson if he had approached the City of Hurst on providing water for the site. Mr. Tennyson stated the City of Hurst did not have any water lines in the area. Councilman Newman asked Mr. Tennyson if the building was already constructed and how soon he needed the water service. Mr. Tennyson stated the building was already built and he needed the water immediately. Councilman Newman asked Mr. Tennyson what type of construc- tion he did. Mr. Tennyson stated he was in the telephone placement and repair service. Mayor Pro Tem Ramsey asked Mr. Tennyson if he was the owner of the property. Mr. Tennyson replied yes. Mayor Pro Tem Ramsey asked where he obtained his building permit. Mr. Tennyson replied from Tarrant County. Mayor Faram asked how many customers were on the line and how many could the line service. Mr. Riddle stated there were about 50 taps on the line at the present time. Mr. Albin stated the line could not service any additional taps. september 27, 1982 Page Two Councilwoman Hinkle asked if there had been complaints from the customers on line on low pressure. Mr. Albin stated yes. Motion to deny carried 6-0. 6. Mayor Faram opened the public hearing on PZ 82-21, called for anyone wishing to speak in favor of this request to please come forward. Mr. Burk Collins, 40 Summercrest, Bedford, appeared before the Council. Mr. Collins stated he was developing in North Richland Hills and he would like to have this property rezoned for duplexes. Mr. Collins stated the duplexes would be a minimum of 2100 square feet. Mayor Faram asked Mr. Collins when he planned on beginning development. Mr. Collins stated he planned on starting development in about six months. Mayor Faram asked Mr. Collins if he had been made aware of the drainage problems pertaining to this property. Mr. Collins stated he had been advised of the drainage problems and thought it best to go ahead and get the property rezoned and then work on the drainage problems. Mayor Faram asked Mr. Collins if he agreed to the holding pattern that was presently on the property. Mr. Collins stated yes, and he felt the drainage problem could be worked out. Councilman Kenna asked Mr. Collins if he agreed to eliminating lots 9 through 15, Block 15. Mr. Collins stated yes. Mayor Pro Tem Ramsey asked if the property had the hold on it because some easements could not be obtained. Mr. Albin stated that was correct, there were three easements that had not been obtained. september 27, 1982 Page Three PLANNING AND ZONING PUBLIC HEARING PZ 82-21, REQUEST OF BURK COLLINS TO RE- ZONE MAROAKS ADDITION FROM IF-9-1600 ONE FAMILY DWELLING TO 2F-9 TWO FAMILY DWELLING (LOCATED AT THE SOUTH END OF DOUGLAS LANE) Mayor Faram asked Mr. Collins if he accepted all responsibility for the drainage work. Mr. Collins replied he would assume the responsibility on the drainage. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 7. Mayor Faram advised the Council the Planning and Zoning Com- mission had recommended approval of IF-9, with the exception of Lots 9 through 15, Block 15. Councilman Davis moved, seconded by Councilman Kenna, to approve PZ 82-21, Ordinance No. 975, with the exception of Lots 9 through 15, Block 15, and description of lots being deleted from the Ordinance. Motion carried 6-0. 8. Mayor Faram opened the public hearing on PZ 82-22, and called for anyone wishing to speak in favor of this request to please come forward. There was no one present to speak. Councilman Davis advised that there were two neighbors at the Planning and Zoning Commission meeting that spoke in favor of this request. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. There was no one wishing to speak. On the advice of the City Attorney, Mayor Faram recessed the public hearing on PZ 82-22 until the October 11, 1982 Council Meeting. 9. Councilman Ramsey moved, seconded by Councilman Kenna, to postpone this item until the October 11, 1982 Council meeting. Motion carried 6-0. September 27, 1982 Page Four CONSIDERATION OF ORDINANCE FOR PZ 82-21 APPROVED ORDINANCE NO. 975 PLANNING AND ZONING PUBLIC HEARING REQUEST OF HERMAN SMITH, STONYBROOKE, INCORPORATED TO REZONE A PORTION OF TRACT A, BLOCK 13, STONEYBROOK ADDITION FROM COM- MERCIAL TO IF-9-1300 - ONE FAMILY DWELLINGS (LOCATED EAST OF DAVIS BOULEVARD, SOUTH OF HIGHTOWER AND BOUNDED ON THE SOUTH BY BROOK- HAVEN DRIVE) CONSIDERATION OF ORDINANCE FOR PZ 82-22 POSTPONED 10. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Mike Jones, Teague, Nall and Perkins, Consulting Engineers, appeared before the Council. Mr. Jones stated he represented Mr. Alley in this request. Mr. Jones stated Mr. Alley planned to build a three to five story office building and restaurant. Mr. Jones stated the entrance to the office building would be from Weyland Drive and the entrance to the restaurant would be from Air- port Freeway. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, Mayor Faram closed the public hearing. 11. Mayor Faram advised the Council that the Planning and zoning Commission had recommended approval. Councilwoman Hinkle moved, seconded by Councilman Davis, to approve PZ 82-23, Ordinance No. 976. Motion carried 6-0. 12. Mr. Line stated the street Santa Dominga Court was a dedicated street. Mr. Line stated there was no development in the area at this time and the owner of the property had requested the name of the street be changed to Westchase because the name of the planned development would be Westchase Garden Homes. Mr. Line stated the staff had checked with the Post Office, Police Department and Fire Department and they had no problems with the name change. Councilman Kenna moved, seconded by Councilman Ramsey, to approve Ordinance No. 977. Motion carried 6-0. 13. Mr. Line stated the proposal was that the residential lots that backup to Rufe Snow would be allowed to sign a covenant and would not be assessed if no entries from the rear of the lots onto Rufe Snow were made. Mr. Line stated that if the rear entries were made then the property owner would have to pay the assessment. september 27, 1982 Page Five PLANNING AND ZONING PUBLIC HEARING PZ 82-23, REQUEST OF T. W. ALLEY, SR. TO REZONE A PORTION OF LOT 2, BLOCK 4, UNIVERSITY PLAZA ADDITION FROM LOCAL RETAIL TO COMMERCIAL- SPECIFIC USE MULTI- STORY OFFICE BUILDING AND RESTAURANT (LO- CATED EAST OF WEYLAND DRIVE, SOUTH OF UNIVERSITY PLAZA APARTMENTS AND NORTH OF BANK OF NORTH TEXAS AND AIRPORT FREEWAY) CONSIDERATION OF ORDINANCE FOR PZ 82-23 APPROVED ORDINANCE NO. 976 CONSIDERATION OF ORDINANCE CHANGING SANTA DOMINGA COURT TO WESTCHASE DRIVE APPROVED ORDINANCE NO. 977 CONSIDERATION AND ACTION CONCERNING COUNCIL POLICY REGARDING RUFE SNOW DRIVE ASSESSMENTS Councilman Ramsey moved, seconded by Councilwoman Hinkle, to waive the assessment on the residential lots that backed up to Rufe Snow unless a curb cut onto Rufe Snow was made. Councilman Kenna amended the motion, seconded by Councilman Davis, to state "the assessment on the residential lots backing up to Rufe Snow Drive would be waived if no rear entrances onto Rufe Snow were made and/or a request for rezoning was made to change the zoning from residential." Amended motion carried 6-0. Original motion carried 6-0. Mrs. Mary Hensarling, 6613 Sunset, appeared before the Council. Mrs. Hensarling stated that on residents that would benefit from this action, she would like to thank the Council and Mr. Line. 14. Councilwoman Hinkle moved, seconded by Councilman Kenna, to award the bid to the low bidder, Charlie Hilliard, in the amount of $4,938.00. Councilman Kenna stated that Charlie Hilliard had bid on two pickups and asked Mr. Riddle how long they would honor the bid. Mr. Riddle stated they would honor the bid until January 1982, but it would have to be rebid because the funds were appropriated in the 1983 budget. Mayor Pro Tem Ramsey stated he would like for the staff to look into obtaining three-wheel Cushmans. Motion carried 6-0. 15. Councilman Kenna moved, seconded by Councilman Newman, to accept the bid of Ladd Uniform and Bucheimer Law Enforce- ment Center as supplier of uniforms and leather goods for the Police Department. Mayor Pro Tem Ramsey asked if this item would be out of the 1982-83 budget. Mr. Line stated yes. Motion carried 6-0. September 27, 1982 Page Six CONSIDERATION OF BID FOR ONE (1) PICK- UP TRUCK (UTILITY DEPARTMENT) APPROVED CONSIDERATION OF AWARDING BID FOR UNIFORMS AND LEATHER GOODS FOR POLICE APPROVED 16. Councilman Davis moved, seconded by Mayor Pro Tem Ramsey, to approve Ordinance Number 978 adding at Section I, line six, after the words have been "with appropriate easements." Motion carried 6-0. Mayor Pro Tem Ramsey stated he would like to compliment the Planning and Zoning Commission and Councilman Davis, the liaison, for this ordinance and felt it would be a benefit to the City. 17. Mrs. Doyne Byrd, 8020 Little Dude Court, appeared before the Counc il. Mrs. Byrd stated she was representing the Richland Oaks Home- owners Association. Mrs. Byrd stated she had lived in the Richland Oaks area for a number of years. Mrs. Byrd stated the homeowners were at the City's mercy and in need of help. Mrs. Byrd stated she knew the Council was aware of the problem at Harwood and Grapevine Highway. She did not object to de- velopment but felt this development would damage the residents in Richland Oaks. Mrs. Byrd stated that if this shopping center was developed it would need homeowners to keep it in business and if the flooding problem was not solved there would be no homeowners left in the area. Mrs. Byrd stated the City had made mistakes in the past and were still making them. If the drainage problems would be worked out ahead of time flooding would not occur. Mrs. Byrd stated the developer had taken care of his drainage problems, but the people downstream were the ones it would damage. Mrs. Byrd stated that before any development was done there should be plans for downstream. Mayor Faram stated that the area in Richland Oaks was not built by the lack of responsible planning by the City of North Richland Hills, and he would ask Councilman Davis for the history on how it all came about. Councilman Davis stated that he did some checking on this last week and the City did not create the drainage problem as far as the lack of drainage and/or lack of enough wide channeling. Councilman Davis stated there was a 30 foot easement that was put through the area, which was probably poor engineering at the time. Councilman Davis stated the area was developed in September of 1956, three years before Mrs. Byrd said she came to the area. Councilman Davis stated september 27, 1982 Page Seven CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 195 (SUBDIVISION ORDINANCE) APPROVED ORDINANCE NO. 978 CITIZEN PRESENTATION MRS. DOYNE BYRD 8020 LITTLE DUDE COURT RE: DEVELOPMENT ON GRAPEVINE HIGHWAY AND DRAINAGE september 27, 1982 Page Eight the City was not incorporated at that time, it was approved by the Commissioner's Court and the Planning and Zoning Commission of the City of Richland Hills because they had extrajudicial territory rights. Councilman Davis stated it was probably poor planning, but it was not this City's fault. Councilman Davis stated that how to remedy the problem now is what needed to be addressed. Mayor Faram stated he wanted to get the point clear that the City did try to make plans and the City of North Richland Hills did not create this problem, they inherited it. Mayor Faram asked Mrs. Byrd if there were any results from the meeting the residents of Richland Oaks had with the City staff. Mrs. Byrd stated they had to depend on the mercy of the City to come up with the overall engineering plans to correct their problem in Richland Oaks. Mrs. Byrd stated she understood what Councilman Davis was saying, but at the same time the City of North Richland Hills did not have any water problems~ As the City developed, it had created the water problems. Mayor Faram stated there was a possibility of putting a concrete liner on an area on the original drainage channel that was behind the houses on Pearl and Jennings, there was presently a 30 foot and it would take a 40 foot easement, also possibly a temporary working easement to put the drainage channel in. Mayor Faram asked Mrs. Byrd if the people in the area would be willing to donate to the City five feet on each side of the channel. Mrs. Byrd stated the people in that area would have to answer for themselves. Mrs. Byrd stated she did not live right on the creek, just right across from it. Mayor Faram stated the required easements were the first thing that needed to be addressed and secondly where the two channels came together and went down to the properties that fronted on Oakridge Terrace, that became private property of which the City had no easements, would the people in that area dedicate ease- ments so the City could go in and widen the channel. Mrs. Byrd stated there were quite a few residents from that area present and they would have to answer that question. September 27, 1982 Page Nine Mayor Faram stated that since Mrs. Byrd was the leader of this group, would she take it upon herself to see if she could obtain the easements. Mayor Faram stated there were some residents in the north end of the City trying to obtain ease- ments to remedy a flooding problem there. Mrs. Byrd stated she was not the one that started this, she was asked to be one of the spokesmen. Mayor Faram stated he was looking for a responsible party to help the City get the necessary easements. Mayor Faram stated that if the City was going to improve the property it seemed a reasonable request to ask for the easements. Mayor Faram asked if there was a member of the group that would take the responsibility of trying to obtain the easements. Mrs. Byrd stated she would like for each one of them to speak for themselves. Mayor Faram asked Mrs. Byrd if she was saying she could not do it. Mrs. Byrd stated she would do what she could to help. Councilman Davis stated that there was some flooding problems in Morgan Meadows and the problem had been that you will have one homeowner that does not want to give an easement and the City's hands were tied. Councilman Davis stated the Morgan Meadows area was tied up on four easements, the City was ready to fix the problem. Councilman Davis stated the City wanted to remedy the problem in Richland Oaks, but needed some cooperation. Councilman Davis stated Mrs. Byrd was not being pinpointed, but the City could not do it all alone. Mrs. Byrd stated she understood that, it had to be 100 percent cooperation. Councilman Kenna stated the City had a study underway on that drainage problem and expected some type of plan in the near future. Councilman Kenna stated the prime thing would be the requirement of a 40 foot easement down through the center of the neighborhood and make some improvements to the ditch to the east. Councilman Kenna stated the portion that the Mayor men- tioned that formed a bottleneck, the City had no easements and if the easements could be obtained would be a great help to the City. Councilman Kenna advised Mrs. Byrd there was nothing the City could legally do about the development to the north of Richland Oaks. September 27, 1982 Page Ten Mrs. Byrd asked what the plans were at the present time for Richland Oaks. Mayor Faram stated that the first thing that had to be done was obtaining the easements. The City could not send equip- ment on private property and all of it was private property to the south of Jerri Jo. Mrs. Byrd asked if the easements were a hold-up now. Mayor Faram replied yes. Councilman Kenna stated that at one point in time Morgan Meadows, in the City's opinion, was the highest priority for drainage problems and the City had not been able to apply any funds in the area because of not being able to obtain the necessary easements. Mrs. Byrd asked if it was not the City's responsibility to protect the homeowners from the development above them. Mayor Faram asked Mrs. Byrd if she meant stop the development. Mrs. Byrd stated no, from her understanding this development had been in the plans for quite awhile and she wondered why there were not plans to take care of the flood control knowing the development was going in. Mayor Pro Tem Ramsey stated it could be discussed all night about what had happened in the past. Mayor Pro Tem Ramsey stated the City had not been sitting idly by waiting to watch the neighborhood get washed away. Mayor Pro Tem Ramsey stated the Mayor and himself had personally been in the area and was well aware of the problem. Mayor Pro Tem Ramsey stated something would be done, assuming the City could obtain the easements, if the easements could not be obtained then the City was shut down. Mrs. Byrd asked if the City would be libel if they asked Mr. Folsum to postpone his construction due to the flooding downstream. Mr. McEntire stated the City had an ordinance and Mr. Folsum had complied with it, he had taken the drainage to the nearest recog- nized outfall. Mrs. Byrd asked whose responsibility it was to see that there was not flooding downstream due to the development. Mr. McEntire stated the City was doing what they could about the drainage. Mr. Folsum had met the requirements of the ordinance. Mr. Fred Finke, 8330 Jerri Jo, appeared before the Council. Mr. Finke asked why the property could nöt be condemned. Mayor Faram stated it was a matter of economics of trying to buy all the land, it came to a total of $1,600,000.00. Mayor Faram stated the City intended to work anyway it could to get the problem solved. Mr. McEntire asked Mr. Finke if he would help obtain the neces- sary easements. Mr. Finke replied yes. Mayor Faram asked how many people that were in attendance that had property between Jerri Jo and Jennings. There were a number of persons present that had property that backed up to Jerri Jo and Jennings. Mayor Faram asked if there was anyone that would have a problem giving a five foot easement. Loretta Allen, 5100 Pearl, appeared before the Council. Mrs. Allen stated she would be willing to give an easement, but if she gave five feet her fence would end up in the middle of her swimming pool. Mayor Faram stated that if there had to be a variation maybe the needed easement could be taken from the other side of the channel. Mayor Faram asked for the names of three people who would be interested in helping the City obtain the necessary easements. The following persons submitted their names: Mr. Joe Robinson, 8308 Jerri Jo, 498-2445 Mr. J. J. Kurtin, 498-6182 Mr. Fred Finke, 8330 Jerri Jo, 485-5684 Mayor Faram stated he would ask the Council for their permission to direct the City Engineer to make a survey and prepare ease- ments in the area between Jerri Jo and Jennings; and contact the people to see if the easements can be obtained and schedule a meeting with the City Engineer to develop the requirements from the south of Jerri Jo to see if the problem can be eliminated. september 27, 1982 Page Eleven September 27, 1982 Page Twelve Councilman Ramsey moved, seconded by Councilman Kenna, to approve the Mayor's directive. Motion carried 6-0. Mr. Peter Eggert, 7804 Daniel Drive, North Richland Hills, appeared before the Council. Mr. Eggert stated he was about to speak on a very serious matter. Mr. Eggert stated he was aware that a violation of one or more public offices could be handled one of two ways, one administrative or the court of law way. Mr. Eggert stated he had decided to bring the matter before the Council. Mr. Eggert stated he would still like to reserve the right to go the judicial way later. Mayor Faram asked Mr. Eggert to clarify what he was saying. Mr. Eggert stated what he was saying was that one or more public offices could be handled in two ways, number one the administrative and the other the judicial way and he wanted to reserve the right to take it to a court of law later. Mr. Eggert stated he would like to also make the Council aware and the City Attorney aware that he was putting the persons names later on public notice. Mr. Eggert stated that Mr. David Casey, Judge of Municipal Court, and Mrs. Bobbie McCorkle, Court Clerk had both violated the law on the follow- ing accounts: both had deprived the united States citizens of their Constitutional rights. Both have deprived the Texas citizens of their right granted by the Constitution of the State of Texas, and he would like to add that a violation of the Constitution was very serious. Mr. Eggert stated both had violated the Texas Rules of Criminal Procedures. Mr. Eggert stated he had approximately twenty-five little cases and he had picked out something that might interest everyone to show the severity of this. Mr. Eggert stated that on September 2, 1982, at 1:30 p.m., at regular Municipal Court setting he had entered the Court because he was summoned to, he found out there was a mixup on the court docket. Mr. Eggert stated the Court Clerk walked up to him and advised him he was not on the docket. Mr. Eggert stated he advised Mrs. McCorkle that he had a summons, but he could see the police officer was not present and he would motion the Court to dismiss his case. Mr. Eggert said that Mrs. McCorkle changed the docket and called the officer in with the Judge's consent. Mayor Faram asked what had been violated, Mr. Eggert was on the docket and every effort was made to hear your case. Mr. Eggert stated the United States Constitution was violated. Mayor Faram asked Mr. Eggert just what he wanted to happen, did he want the case dismissed. Mr. Eggert stated that at this point, certainly he wanted the case dismissed. Mayor Faram stated that because the officer was not present did not prove his guilt or innocence and yet he wanted the ticket dismissed. Mr. Eggert stated that the guilt or innocence would come later. Mayor Faram stated they were making every effort to give Mr. Eggert a fair hearing. Mr. Eggert stated they were not, which he would prove. Mr. Eggert stated that when he approached the bench he asked for a court reporter, which he found out the court did not have and he did not waive his right for jury. Mr. Eggert stated the trial was set without jury, also the city Attorney was not present. Mr. Eggert stated the law books stated a judge could not be judge and attorney. Mr. Eggert stated that was a violation of the law and he was tried and sentenced. Mr. Eggert stated so many laws had been violated it was unbelievable. Mayor Faram stated he was going to take exception with Mr. Eggert at this point, number one was that this Court had operated the same way under the last two Municipal Judges. Mayor Faram stated the City had chosen not to have a prosecuting attorney present unless it was some major case for the purpose being it was not a kangaroo court. Mayor Faram stated it was his understanding that any judge had the right to make interrogation. Mayor Faram stated that Mr. Eggert was the very first person in all of the years that had said it was a viola- tion not to have a prosecutor present. Mr. Eggert stated he had other things that would result in the dismissal of Mr. Casey and Mrs. McCorkle. September 27, 1982 Page Thirteen Mr. Eggert stated he would like to request to be placed on the next agenda. Mayor Faram advised Mr. Eggert if he had some legal problems to take them to the City Attorney. Mayor Faram adjourned the meeting of September 27, 1982. september 27, 1982 Page Fourteen ADJOURNMENT Dick Faram - Mayor ATTEST: Jeanette Moore - City Secretary