Loading...
HomeMy WebLinkAboutCC 1983-03-28 Minutes Present: ITEM NOTES ON PRE-COUNCIL MEETING MARCH 28, 1983 Dick Faram Jim Ramsey J.C. Hubbard Jim Kenna Dick Fisher Harold Newman Richard Davis Marie Hinkle Rodger Line Dennis Horvath Richard Albin Mike McEntire John Whitney Marjorie Nash Gene Riddle Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Councilwoman City Manager Assistant City Manager City Engineer Acting City Attorney Purchasing Agent Planning & Zoning Member Public Works Director DISCUSSION DISCUSSION OF Mayor Pro Tem Ramsey briefed the Council on the agree- THREE-PARTY AGREEMENT (MARCH ment reached with Cross Roads Development. The school 21, 1983, AGENDA ITEM #3) district has agreed to purchase 5 acres and except a DISCUSSION OF RESOLUTION - URBAN HIGHWAY SYSTEM (AGENDA ITEM #27) donation of 5 acres, to be used as a parking lot for the high school. Rodger Line briefed the Council on the Urban Highway System project. This system is for local thoroughfares only, state highways and farm-to-market roads are not included on the priority listing as these will be funded with state funds. Under the Urban Highway System the City will be required to obtain the right-of-way, move the utilities and correct any drainage problems. It was agreed by the Council that the priority list submitted by Gene Riddle is correct and that Watauga Road from Rufe Snow to Davis Blvd. is our first priority. ASSIGNMENT NAN NAN DISCUSSION OF REQUEST FOR MEETING WITH ZONING BOARD OF ADJUSTMENTS Notes on Pre-Council Meeting March 28, 1983 Page 2 The Council agreed that the Mayor will meet with the Mayor Faram Chairman of the Zoning Board of Adjustments and at the Mayor's discretion will call a meeting of the full Council if necessary. DISCUSSION OF The Pot Hole Patcher was discussed and it was explained NAN POT HOLE PATCHER (AGENDA ITEM #19) to the Council that this is a budgeted item and a result DISCUSSION OF OTHER ITEMS of a recommendation made in the Productivity Study. A brief discussion was held in regard to the zoning to NAN single family from industrial on a tract of land adjacent to Mangham Airport. Marjorie Nash commented that Planning and Zoning had recommended approval. 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, MARCH 28, 1983 - 7:30 P.M. 1. Mayor Faram called the meeting to order March 28, 1983, at 7:30 p.m. 2. Dick Faram Jim Ramsey Jim Kenna Richard Davis J.C. Hubbard Dick Fisher Harold Newman Marie Hinkle Present: Staff: Rodger Line Jeanette Moore Dennis Horvath Mike McEntire John Whitney Lou Spiegel Board Members: Marjorie Nash Don Bowen J. Douglas Davis Press: Jeff Yeates Absent: Rex McEntire Mayor Mayor Pro Tem Councilmen Councilwoman City Manager City Secretary Assistant City Manager Acting City Attorney Purchasing Agent Finance Director Planning & Zoning Planning & Zoning Parks & Recreation Mid Cities Daily News City Attorney 4. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve the minutes of the regular meeting of March 14, 1983. Motion carried 7-0. 5. None. 6. Approved. CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF THE REGULAR MEETING MARCH 14, 1983 APPROVED CONSIDERATION OF REMOVING ITEM (S) FROM CONSENT AGENDA CONSIDERATION OF CONSENT AGENDA (ITEMS INDICATED BY ASTERISK, #21, 22, 23, 24, 25, 26, 27 APPROVED 7. Mayor Faram opened the public hearing and called for anyone wishing to speak to please come forward. Mr. Claude Byrd, Byrd Automotive, appeared before the Council. Mr. Byrd asked the Council to approve PZ 83-8 and asked for rebuttal time. Mayor Faram advised Mr. Byrd he would be given five minutes rebuttal time. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. There being no one wishing to speak in opposition, Mayor Faram asked Mr. Byrd if he wished to waive his right to rebuttal. Mr. Bryd replied yes. There being no one else wishing to speak, Mayor Faram closed the public hearing. 8. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval subject to corrected survey. Councilman Hubbard moved to deny PZ 83-8. Motion died for the lack of a second. Councilman Davis moved, seconded by Councilman Kenna, to approve PZ 83-8, Ordinance No. 1014 with the stipulation that a building permit be obtained and the lift moved off the ease- men t . Councilman Fisher asked if a building permit was obtained when the lift was originally built. Mayor Faram replied no. Councilman Davis stated that for the record Mr. Byrd should know that in the future a building permit was required if he decided to build anything. Mayor Faram stated that according to the plat there was no ingress or egress except by a common owner. Mayor Faram asked Mr. McEntire if this would make a difference. Mr. McEntire stated the city was allowed to zone without ingress or egress. Councilman Hubbard asked if the owner would be allowed to wash cars and change oil on the lot. Mr. McEntire stated yes. March 28, 1983 Page 2 PLANNING & ZONING PUBLIC HEARING PZ 83-8, REQUEST OF CLAUDE BYRD AUTOMO- TIVE TO REZONE A OF LOT 6, BLOCK 23, CLEARVIEW ADDITION FROM COMMERCIAL - SPECIFIC USE - PARKING LOT TO COMMERCIAL-SPECIFIC USE - LIFT (LOCATED ON MAPLEWOOD, BOUNDED ON THE SOUTHEAST BY BYRD AUTOMOTIVE) CONSIDERATION OF ORDINANCE FOR P Z 83- 8 APPROVED ORDINANCE NO. 1014 Motion to approve carried 6-1; Councilmen Kenna, Davis, Fisher, Newman and Mayor Pro Tem Ramsey and Councilwoman Hinkle voting for; Councilman Hubbard voting against. 9. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Mike Sandlin, 5137 Davis Boulevard, appeared before the Council. Mr. Sandlin asked the Council to approve the request. Mayor Pro Tem Ramsey asked Mr. Sandlin what was proposed for the property. Mr. Sandlin stated that at the present time there was a Flower Shop. Mr. Sandlin stated the property had been zoned Local Retail Specific Use-Office Building and they did not realize they could not rent to the Flower Shop. Councilman Davis asked if the building met Local Retail Codes. Mr. Sandlin stated he did not know, but he would check it out. Mayor Faram called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 10. Councilman Fisher moved, seconded by Mayor Pro Tem Ramsey, to approve PZ 83-9, Ordinance No. 1015. Motion carried 7-0. 11. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Charles Scoville, 4950 West Grove Drive, Dallas, representing Cambridge Development Company, appeared before the Council. Mr. Scoville stated that about a year ago they were granted commercial zoning on this tract, when it was part of a 40 acre tract. Mr. Scoville stated that at that time it was their intent to develop an office building and community shopping center and they were not able to obtain a lender-partner. As a result the option lapsed. Mr. Scoville stated that since that time they had put under contract an additional ten acres of land south of the TESCO right-of-way to combine with their property north of the TESCO right-of-way. Mr. Scoville stated it was their intent at this 'time to build a mid-rise office and possibly a hotel, also a community shopping center. Mr. Scoville March 28, 1983 Page 3 PLANNING & ZONING PUBLIC HEARING PZ 83-9, REQUEST OF J.B. SANDLIN TO REZONE LOT 1, BLOCK 1, HOLIDAY NORTH ADDITION FROM LOCAL RETAIL-SPECIFIC USE TO LOCAL RETAIL (LOCATED AT THE SOUTHWEST CORNER OF DAVIS BLVD. AND MARY DRIVE) CONSIDERATION OF ORDINANCE FOR PZ 83-9 APPROVED PLANNING & ZONING PUBLIC HEARING PZ 83-10, REQUEST OF CAMBRIDGE DEVELOPMENT TION TO REZONE BLOCK 2, SNOW HEIGHTS NORTH ADDITION, AND A PORTION OF TRACT 2A2, W. W. WALLACE SURVEY FROM LOCAL RETAIL TO COMMERCIAL stated the reason they asked for commercial was because Local Retail did not allow business such as a Cleaners or building material supply. Mayor Faram called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 12. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve PZ 83-10, Ordinance No. 1016. Motion carried 7-0. 13. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Richard Drummond appeared before the Council. Mr. Drummond stated the reason for the zoning request was because he owned the adjourning property and it was zoned multi-family. Mr. Drummond stated they would like to continue to build multi-family. Mayor Faram called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 14. Councilman Davis moved, seconded by Councilman Newman, to approve PZ 83-12, Ordinance No. 1017. Councilman Hubbard stated he could not find evidence that the adjoining property was zoned multi-family. Mr. Long, Consulting Engineer, stated he had checked the zoning map and it showed the property was zoned multi-family, the City Staff also concurred that it was multi-family. Motion carried 7-0. March 28, 1983 Page 4 CONS IDERATION OF ORD INANCE FOR PZ 83-10 APPROVED PLANNING & ZONING PUBLIC HEARING PZ 83-12, REQUEST OF R.O. DRUMMOND AND D.L. FORD TO REZONE A PORTION OF TRACT IB2, EDMUND M.D. KING SURVEY ABSTRACT 892, AND A PORTION OF TRACT 2, T. AKERS SURVEY ABSTRACT 19, FROM INDUSTRIAL TO MULTI-FAMILY (LOCATED NORTH OF LOOP 820 AND APPROXIMATELY 1407 FEET WEST OF FACTORY OUTLET MALL) CONSIDERATION OF ORDINANCE FOR PZ 83-12 APPROVED ORDINANCE NO. 1017 15. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. John Barfield, 416 Louella, Hurst, appeared before the Council. Mr. Barfield, 416 Louella, Hurst, appeared before the Council. Mr. Barfield stated he had appeared before the Planning and Zoning Commission about a month ago and there were approximately 46 residents within a few feet of the property that spoke in favor of the request. Mr. Barfield stated the Planning and Zoning Commission felt IF-8-1400 was the best use of the property. Mr. Barfield stated that to the west of the property he had approximately fifteen acres of multi-family developed and if there should be opposition from the airport, the zoning of multi-family would be as hazardous as single family. If indeed there was a hazard. Mayor Faram stated that the Planning and Zoning minutes reference was made that it was hoped the City would improve the street by the trailer park. Mayor Faram asked when the street was dedicated and when the City had accepted it. Mr. Riddle stated it was a dedicated street and City accepted it when the trailer park was accepted. Mr. Earl Newman, 6200 Shirley, appeared before the Council. Mr. Newman stated he lived on the knoll and could see the entire tract. Mr. Newman stated he was very much in favor of the single family dwellings. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. Mr. Dan Echols, 5616 Neveda, appeared before the Council. Mr. Echols stated he was Chairman of the Mangham Safety Committee, Accident Prevention Counselor and a member of the North Central Texas Council of Governments Air Transportation Technical Advisory Committee. Mr. Echols stated the Air Transportation Committee was currently conducting an aviation demand forecast study and a study of private airport issues in the metroplex. March 28, 1983 Page 5 PLANNING & ZONING PUBLIC HEARING PZ 83-13, REQUEST OF JOHN BARFIELD TO REZONE TRACT 8A, J.H. BARLOUGH SURVEY ABSTRACT 130 FROM INDUSTRIAL TO IF-8-1400 ONE FAMILY DWELLINGS (LOCATED - BOUNDED ON THE EAST BY MANGHAM AIRPORT AND ON THE NORTH BY SUNNY MEADOWS MEADOWS ADDITION) March 28, 1983 Page 6 Mr. Echols read the following section of the interim report: "With regard to the specific utilization of airports within the North Central Texas Council of Governments Regions for business purposes as a general statement, most business and corporate aircraft will utilize larger, better equipped airports with improved facilities and land airs. The airport will generally be in the vicinity where business is conducted. One of the principal selling points in owning and operating a corporate aircraft is flexibility and the ability to travel the landing sites closer to where the business is." Mr. Echols stated that using the number of airports in the Metroplex area that were used by business aircraft on a day-to- day basis was reduced drastically upon previous surveys of business traffic in the Dallas/Fort Worth area. Mr. Echols stated that North Richland Hills had the forth largest airport, in terms of general aviation operations in the Metroplex. Mr. Echols stated that it was projected in 1990 that Mangham would remain number four even though the South Fort Worth Airport would be in place at that point and time. Mr. Echols stated that he did not think that North Richland Hills to this day realized what an asset they had in the terms of a business airport as well as an airport that served the general public. Mr. Echols stated he had heard statements demeaning industrial developments and he thought that every member of the Council was justly proud of the North Richland Hills Industrial Park. Mr. Echols stated the same thing could be duplicated with business and industry on the property in question tonight. Mr. Echols stated that single family dwellings had the most drain on the city budget in the terms of the amount of tax money it took to support the services required for those types of dwellings. Mr. Echols stated the best thing for the tax base was industrial use if it was properly zoned and carried out. Mr. Echols stated he thought the city should look at the opportunity to expand Mangham. Mr. Echols stated that Mangham could not be kept if it were not for the selfishness of Charles Mangham and his sister. They had an offer of over two million dollars for the property, but they had dedicated the property as use for an airport for the next ten years. Mr. Echols stated the Mangham's had done this in order to qualify for the tax benefit that was set forth by the last Legislature. March 28, 1983 Page 7 Mr. Echols stated that as Accident Prevention Counselor and Chairman of the Safety Committee for Mangham, that when you violate the clear zone of a runway and subject the clear zone to uses that put people in danger, was a serious responsi- bility. Mr. Echols stated he wanted to advocate very strongly that single family dwellings not be placed within the hazard area of the clear zone. Mayor Pro Tem Ramsey stated he respected the question of legality that was brought up when something was zoned and the consequences of the zoning. Mayor Pro Tem Ramsey stated he had the opportunity two years ago to participate in a similar zoning request and the zoning was turned down for exactly the reasons stated by Mr. Echols, plus other reasons. Mayor Pro Tem Ramsey stated that at that time he wondered if you could deny people the use of their land just because the airport existed. Mayor Pro Tem Ramsey stated that just because the property was zoned industrial and the tax revenue it brought in, you could not compare it with Graham Magnetics and the taxes they brought in. Mayor Pro Tem Ramsey stated he also was aware of the study made where the entire area was considered and he thought the results was that the General Aviation Airport should be somewhere in the vicinity behind Bell Helicopter. Mr. Echols stated he did not wish to deny anyone the use of their property, but wanted the land to be used for what had always been termed the best use of the land and in this case the best use was industrial. Mayor Pro Tem Ramsey stated he was looking at the legal aspects of how the Council could rule on the zoning versus denying some- one the use of their land. Mr. Echols stated the airport was going to be there and he thought it was definitely the Council's responsibility to protect the people who might be hazarded by changing the zoning. Councilman Hubbard stated that since Mr. Echols had said the airport would be there from now on, then why didn't the owners buy the property around the airport if they wanted to control the airstrip. Mr. Echols stated that the owners of Mangham would be happy to contribute the airstrip and the taxiways that was essential to the airport to the City or County in order to see that the airport could be developed to the best use of the City. Councilman Hubbard stated the city had recently completed a 20 year plan and every citizen had an opportunity for input, although they did not exercise it and there were no provisions in the plan to put access to this property for commercial or industrial use. Councilman Hubbard stated there were no streets designed to go to the property, so how could industry be put there without access. Councilman Davis asked if this property was in the approach pattern of the airport. Mr. Echols stated yes, approach and departure pattern. Councilman Davis asked if the aircraft departed to the north and south. Mr. Echols stated that generally they utilized the crosswind runway only when the conditions warranted. Councilman Davis asked how often it was used. Mr. Echols stated 15% of the time. Councilman Davis stated that 85% of the time the aircraft would be heading north or south. Mr. Echols stated that was correct. Councilman Davis stated that a statement was made that the City would not allow Mangham to expand and asked how many new business in the last five years had relocated at Mangham. Mr. Echols stated there had been a desire not to grant a permit for more hangers and every effort to expand Mangham had been met with a roadblock. Councilman Davis asked if any permits had been issued for industrial tracts within 500 feet of Mangham within the last five years. Mr. Echols stated one business in the area had changed owners recently. Councilman Davis asked if any new ones had come in. Mr. Echols replied no. Councilman Davis asked Mr. Echols who would grant the special tax consideration to Mangham that he had mentioned. Mr. Echols stated it would be from all of the taxing entities. Councilman Davis asked how much Mangham paid in taxes a year. Mr. Line stated that after this issue came up, he asked the Tax Department to check into it and looking at all the land, buildings and airplanes, the total tax payment for the entire complex, unless something was overlooked, was around $5,000 or $6,000, they paid under $10,000. March 28, 2983 Page 8 Councilman Davis stated that if the tax consideration was given there was a possibility they would pay less. Councilman Davis stated he did not feel the Council was determining the development of Mangham Airport. Councilman Davis stated that no new business had come into Mangham and according to the Zoning Map there were all kinds of industrial property around the airport. Councilman Davis stated the property in question was about 100 feet west of the runway and not in the direct flight pattern and he could see no better use of the property than to put single family dwellings there. Councilman Davis stated that Mangham was sitting out there dormant without any development, the property was not going to develop as indus- trial, therefore he could see no reason not to pursue the zoning change. Councilman Davis stated he felt it was time to get off high-center and go ahead and let the people develop around the airport and bring in tax base for the City. Mr. Echols stated that he agreed that something needed to be done to get off high-center. Mr. Echols stated the first thing that needed to be done was for the city to start looking at Mangham as asset to the city and try to help develop it into what the potential could be. Mayor Faram asked Mr. Echols what the Safety Committee function was. Mr. Echols stated the duties varied on what was needed to try and work our way to make safer operations. Mayor Faram asked Mr. Echols if he had ever considered buying the land around the airport for safety reasons. Mr. Echols stated he would like to advocate for the city to consider getting with FAA and looking at the possibility of burying the power lines and extending the north/south runway to the south and exercise the right of eminent domain to get land that would extend the runway to the south and for funds, contributed 90% by the Aviation Trust,to utilize the funds in order to build this for North Richland Hills. Mayor Faram asked Mr. Echols if they had considered buying land. Mr. Echols stated he did not know who would be able to purchase the land. Mayor Faram asked if the offer from Mangham was to donate the airstrip only. Mr. Echols stated that was what Mr. Mangham would donate. Mayor Faram asked if the city would have the responsibility of maintaining the runway. March 28, 1983 Page 9 Mr. Echols stated, yes, if they wished to do it. Mayor Faram stated the city would also have to pay the cost of burying some $200,000 worth of power lines. Mayor Faram stated that in the Study that was made at a cost of approximately $15,000, it indicated that Mangham ranked number seven out of seven in need and he had a hard time in thinking the city would benefit owning simply the airstrip and maintaining it for a privately owned airport. Mr. Echols stated he was not advocating that the city do that. He was advocating that the city go into a cooperation with FAA and buy the 400 acres it would take. Mayor Faram stated that would be fine, for the airport. Mr. Echols stated it would become the city's if they bought the land. Mayor Faram stated the city was not in the development business. Councilman Kenna asked if there were any FAA guidelines that stated the proposed issue tonight was illegal or unsafe. Mr. Echols stated no. Mr. Charles Pattillo, Euless, appeared before the Council. Mr. Pattillo stated he owned two businesses at Mangham and he operated two to three charters per week out of Mangham. Mr. Pattillo stated he relied on his business at Mangham as his sole support and he was very much against this rezoning request. Mr. Landon Son, 6217 Greenlee, Fort Worth, appeared before the Council. Mr. Son stated he owned an aircraft based at Mangham. Mr. Son stated he had been asked to represent the other 200 aircraft owners based at Mangham. Mr. Son stated they strongly opposed the single family residences adjacent to the airport based on safety aspects. Mr. Son stated it was not in the best interest for family residences to be in the flight pattern. Councilman Hubbard asked if the 200 aircraft owners had considered buying the property. Mr. Son stated it could not be bought and developed by an individual, because they could not get the funds. March 28, 1983 Page 10 Councilman Davis stated the statement was made that when the east/west runway was used, 5% of the time the planes could come in 100 feet above the houses. Was that under normal FAA regulations. Mr. Son stated that you had to get near the ground to land and this rezoning request was at the very end of the runway. Councilman Fisher asked if the take-off would primarily be to the west. Mr. Son stated no, to the east. Councilman Fisher asked Mr. Son if he knew how close the east/west runway was to the property in question. Mr. Son stated the property abutted on the west end of the runway. Mr. Charles Mangham, 8650 Cardinal Lane, appeared before the Council. Mr. Mangham stated that he had sent a letter to the Planning and Zoning Commission in opposition to the request. Mr. Mangham stated he felt all points had previously been covered. There being no one else wishing to speak, Mayor Faram granted Mr. Barfield rebuttal time. Mr. Barfield stated the only thing he wished to add was that he did not believe the property abutted the runway. Mr. Albin stated that according to the map the property did not abut the runway. Mayor Faram closed the public hearing. 16. Councilman Kenna moved, seconded by Councilman Newman, to approve PZ 83-13, Ordinance No. 1018. Councilman Kenna stated a similar request was made two years ago and the same issues came up. Councilman Kenna stated those interested in the Airport only show up on zoning requests near the airport and if there was some serious efforts to develop the airport, then they should show some activity. Councilman Kenna stated he felt the owners had not seen fit to develop the industrial zoned property in todays environment. Mayor Pro Tern Ramsey stated that he felt the city could not deny the use of the property based on what was going to happen to the airport. Councilman Hubbard stated the property owners were paying taxes and he felt it was time to let them use it. March 28, 1983 Page 11 CONSIDERATION OF ORDINANCE FOR PZ 83-13 APPROVED ORDINANCE NO. 1018 Councilman Davis stated that this Council was very concerned about the safety of the citizens but could not see anything that showed they were in a hazardous area. Mayor Faram stated he shared the interest in the safety aspects also. Mayor Faram stated that in the interest of fairness, Mr. Barfield should be able to develop his property. Motion to approve carried 7-0. 17. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. M.B. Dunn, 1200 Copeland, Arlington, appeared before the Council. Mr. Dunn stated they were currently building a shopping center on this property and wanted to align the use with a little bit more specific zoning. Mr. Dunn stated they could do practically what they wanted to under the current zoning, but looking toward the future they felt it wise to rezone the property. Mayor Pro Tern Ramsey asked Mr. Dunn if this was the same property the Council recently granted a sign variance to. Mr. Dunn replied yes. Councilman Fisher asked if the intentions were to build a shopping center. Mr. Dunn stated that construction was underway. Councilman Hubbard asked Mr. Dunn if he was looking at the new Zoning Ordinance in regards to this zoning request. Mr. Dunn replied yes. 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. 18. Councilman Kenna moved, seconded by Councilman Hubbard, to approve PZ 83-14, Ordinance No. 1019. Motion carried 7-0. 19. Mr. Line stated the purpose of this purchase was to be in consistence with the Public Works Study. Mr. Line stated this machine would make the patching of streets faster and more efficient. March 28, 1983 Page 12 PLANNING & ZONING PUBLIC HEARING PZ 83-14, REQUEST OF M.C. DUNN, MIN TEX TO REZONE LOT 1 BLOCK 4, INDUSTRIAL PARK ADDITION FROM INDUSTRIAL TO COMMERCIAL (LOCATED AT THE NORTHWEST CORNER OF RUFE SNOW DRIVE AND BROWNING DRIVE) CONSIDERATION OF ORDINANCE FOR PZ 83-14 APPROVED ORDINANCE NO. 1019 CONSIDERATION OF PURCHASING A POT HOLE PATCHER (THERMO-LAY) APPROVED Councilman Kenna moved, seconded by Mayor Pro Tern Ramsey to purchase the pot hole patcher in the amount of $21,669.48. Motion carried 7-0. 20. Councilman Hubbard moved, seconded by Councilman Kenna, to accept the bid of Jack Williams Chevrolet in the amount of $14,699.00. Motion carried 7-0. *21. *22. *23. *24. March 28, 1983 Page 13 CONSIDERATION OF AWARDING BID FOR 1983 TRUCK CHASSIS FOR POT HOLE PATCHER-THERMO LAY UNIT APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE 112, TO STOLARUK CORPORATION IN THE AMOUNT OF $14,127.07 - NORTH HILLS STREET AND DRAINAGE IMPROVEMENTS CONSIDERATION OF PARTIAL PAYMENT ESTIMATE 111, TO STOLARUK CORPORATION IN THE AMOUNT OF $32,888.25 - JERRI JO AND ELDORADO STREET AND DRAINAGE IMPROVEMENTS CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #1, TO STOLARUK CORPORATION IN THE AMOUNT OF $14,341.50 - HOLIDAY NORTH STREET AND DRAINAGE IMPROVEMENTS CONSIDERATION OF FINAL PAYMENT TO SOUTHWESTERN ELECTRIC COMPANY IN THE AMOUNT OF $4,336.57 - DAVIS AND MAIN SIGNALIZATION March 28, 1983 Page 14 *25. CONSIDERATION OF RATIFICATION OF ORDINANCE NO. 1011 *26. CONSIDERATION OF RESOLUTION FOR PARK GRANT FUNDING *27. CONSIDERATION OF RESOLUTION FOR URBAN SYSTEM PROGRAM 28. Mr. Clint Flint, President of Haltom/Richland Soccer Associa- tion appeared before the Council. CITIZEN PRESENTA- TION Mr. Flint stated he had been negotiating with Birdville School District concerning 28 acres of land across from Haltom High School. Mr. Flint stated the property was located in the flood plain. Mr. Flint stated the property would be used for recreation purposes in conjunction with the School District. Mr. Flint stated he had been asked to seek aid from Haltom City, Richland Hills and North Richland Hills. Mr. Flint stated land fill was one thing that was needed. Mr. Flint stated they were asking North Richland Hills to furnish a water main. Mr. Flint stated he wanted to inform the Council on what they were doing. Mayor Faram asked who owned the property at the present time. Mr. Flint stated that the School District was the owner. Councilman Hubbard asked why it became necessary to form an organization that was going to require an extensive amount of work and money when there were three organizations in the area. Councilman Hubbard stated the three organizations had over 3,000 parents in it and had been working for 20 years to upgrade their program. Councilman Hubbard asked why a 4th organization had to be formed. Mr. Flint stated that three years ago the members of his organiza- tion solicited members of RYA and they declined. Councilman Hubbard asked Mr. Flint if he was working in conjunction with the school to train soccer players. Mr. Flint stated yes. Councilman Davis stated he wished to congratulate Mr. Flint on his efforts in getting the organization started and maybe there was some way the city could help. Councilman Davis stated he encouraged the organization to proceed with their plans. Mayor Pro Tern Ramsey stated he hoped the City's Park and Recreation Board would have some input and maybe help with the organization. Councilman Kenna stated someone on the Park and Recreation Board needed to be a contact for the organization. Mayor Faram stated the city would help in the organization's efforts and advised Mr. Flint to contact a member of the Park and Recreation Board for input. 29. Mayor Faram adjourned the meeting of March 28, 1983. ATTEST: ~ March 28, 1982 Page 15 ADJOURNMENT MINUTES OF THE RECESSED MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, MARCH 28, 1983 - 7:30 P.M. 1. Mayor Faram called the recessed meeting of March 21, 1983 back to order March 28, 1983 at 7:30 p.m. 2. Dick Faram Jim Ramsey Jim Kenna Richard Davis J.C. Hubbard Harold Newman Dick Fisher Marie Hinkle Mayor Mayor Pro Tern Present: Councilmen Councilwoman Staff : Rodger Line Jeanette Moore Dennis Horvath Gene Riddle Mike McEntire City Manager City Secretary Assistant City Manager Director of Public Works/Utility Acting City Attorney Press: Jeff Yeates Mid-Cities Daily News Absent: Rex McEntire City Attorney The invocation was given by Mayor Pro Tem Jim Ramsey. 3. Mayor Faram advised this item was moot and no action would be taken. 4. Mayor Pro Tem Ramsey moved, seconded by Councilman Davis, to approve PZ 83-19, Ordinance No. 1012, with the stipulation that a site barring fence be constructed on the north and east side of the tract. Mayor Faram advised the Council that Birdville School District had approved a Resolution and Contract pertaining to this zoning request and asked Mayor Pro Tem Ramsey to read it. Mayor Pro Tem Ramsey read the following Resolution: CALL TO ORDER ROLL CALL INVOCATION CONS ID ERAT ION OF THREE-PARTY AGREE- MENT REGARDING PROPERTY OWNED BY CROSS ROADS DEVELOPMENT COMPANY NO ACTION CONSIDERATION OF ORDINANCE FOR PZ 83-19 ORDINANCE NO. 1012 APPROVED March 28, 1983 Page 2 CERTIFIED COPY OF RESOLUTION I, the undersigned, Secretary of the Birdville Independent School District (the "District"), do hereby certify that at a meeting of the Board of Trustees of the District duly and regularly called and held on the 24th day of March, 1983, a quorum being present, the following resolution was unanimously adopted and recorded in the minute book of the District kept by me, and is in accord with and pursuant to the charter and bylaws of the District and is now in full force and effect, to-wit: WHEREAS, the District desires to provide more off street parking for students and parents at Richland High School; and WHEREAS, the District has received an offer from the owners of the property immediately across the street (Reynolds Drive) from the front entrance to Richland High School whereby if the District purchases five acres, the owners will donate five more acres to the District; and WHEREAS, the District believes such property may never be available to the District again and that such purchase is necessary in the conduct of the school system; and WHEREAS, it is anticipated that a large number of apartments will build on property near Richland High School which will add to the parking problem that now exists; THEREFORE, BE IT RESOLVED, that the District hereby approves the contract with Cross Roads Development Company, a copy of which shall be included in the minutes, and further the president and secretary of the Board are authorized to execute said contract for the District. BE IT FURTHER RESOLVED, that the appropriate administra- tors of the District solicit bids for paving as much of the tract as the administration deems necessary to provide the needed parking at Richland High School. IN WITNESS WHEREOF, I have hereunto subscribed my name by order of the Board of Trustees this 24th day of March, 1983. Joeann Suefeldt - Secretary (COPY OF CONTRACT ATTACHED TO THESE MINUTES AS PERMANENT RECORD) Mayor Faram thanked Mr. Cook for rectifying the parking problems and giving the five acres for parking for the school. Mayor Faram also thanked Mr. Smith for obtaining the agreement and the Council for their efforts in solving the problems. Mayor Faram stated he hoped this would keep the cars from parking on the street. Motion to approve carried 7-0. 5. Mayor Faram adjourned the recessed meeting of March 21, 1983, March 28, 1983. ATTEST: March 28, 1983 Page 3 ADJOURNMENT CERTIFIED COPY OF RESOLUTION I, the undersigned, Secretary of the Birdville Independent School District (the "District"), do hereby certify that at a meeting of the Board of Trustees of the District duly and regularly called and held on the 24th day of March, 1983, a quorum being present, the following resolution was unanimously adopted and recorded in the minute book of the District kept by me, and is in accord with and pursuant to the charter and bylaws of the District and is now in full force and effect, to-wit: WHEREAS, the District desires to provide more off street parking for students and parents at Richland High School; and WHEREAS, the District has received an offer from the owners of the property immediately across the street (Reynolds Drive) from the front entrance to Richland High School whereby if the District purchases five acres, the G.v;~trS viii dung"te fivC IllOre acres LO the District; and WHEREAS, the District believes such property may never be available to the District again and that such purchase is necessary in the conduct of the school system; and WHEREAS, it is anticipated that a large number of apartments will be built on property near Richland High School which will add to the parking problem that now exists; THEREFORE, BE IT RESOLVED, that the District hereby approves the contract with Crossroads Development Company, a copy of which shall be included in the minutes; and further the president and secretary of the Board are authorized to execute said contract for the District. -1- BE IT FURTHER RESOLVED, that the appropriate administrators of the District solicit bids for paving as much of the tract as the administration deems necessary to provide the needed parking at Richland High School. IN WITNESS WHEREOF, I have hereunto subscribed my name by order of the Board of Trustees this ~~ day of March, 1983. ~. - ~~~ ~-~ Secretary --2- CONTRACT OF SALE 'i`rIE STATE OF TEXAS, COUNTY OF TARRANT l~'~IFE TITLE Company of Fort Worth By This Agreement and Contract ~'rfl$`^~ ~~~'~`~ ~~~~~~~~`~~~ ~-~~'~'~~~ _, hereafter referred to as Seller, hereby sells and agrees to convey to Biz~ville ~a'~h, '''.t`l~'t~ :`~C=3"1~7a. ~Lu'~''~.C~ ,hereafter referred to as Purchaser, the following described property lying and being situated in Tarrant County, Texas, to-wit: ~ five: {~3 acre tract rah l~.n~ F.3c:seri~~~ a~ ir~.ct ~ on ~xhibi~. 2 attaci~e:~ ~;:er~to {t~~e ~'Prz~caert~~" j the purchase price is $ ~ ,. ~J ;~°ir Std. ft. ,payable as follows:X A~~x' 'XA'~'~]~LXYX"yZ3t ~,~ XXl#CXX~£XY:~X''£KX.YXX;X}.'X~::~1C7~XXX?~°X~Y..AXX?~~C]{XX`r.~e°.Y `~XXXXXICXXXYX:T~t'KX~[XX~;~ szsr 3[~rxstxxX~~ ~5~.~{" o~i~y~'a~'4~CrC~IFi~Y~4i~,I6~~~i`c1+i.3~cXi~€~~e$ iXrXtX a~36: I~ne-t~ii'r'~ of the total purchases ;arise shall he r~aYa~ile in cash at ela~in~, £'urc:h~~~r ;hall execute a a~rc~~°~issor~~ note for the saa3.~.~tce of the purchase price. ~ucn I~o~:~: shall he ~aaya~le in twc~ equal. z~l~nual i.r~:~tallmr~nts of nri;~cipal az~:i accrued interest at the rate caf ~~_.? _-- ~ ~_ er annum on the a1~:~ivcAr~ar~, bf the closinr~ elate, The payment of said note or notes to be secured by vendor's lien and Deed of Trust with power of sale and the usual covenants as to taxes, insurance and default. Seller agrees to furnish to Purchaser an Owner's Title Policy to said property, said Policy to be issued by and through USLIFE Title Company of Fort Worth, and the property shall be conveyed free and clear of any and all encumbrances except those named herein, and Purchaser agrees to complete the sale as herein provided within ten days from the date said Title Company approves the title for title insurance unless otherwise provided for herein. If said Title Company raises objections to the title of said property, Seller shall have 30 days time within which to cure such objections, and if Seller is unable to cure the objections, then the above mentioned deposit shall be returned to Purchaser, and this contract shall there- upon terminate and all patties be released from liability hereunder; but if the title is approved, and either party hereto fails or refuses to consummate this contract the other may, at his option, enforce specific performance of this contract. In the event Purchaser is the defaulting party, Seller shall have the right to retain said cash deposit as liquidated damages for the breach of this contract. Seller agrees, when the title objections have been met or waived, to deliver a good and sufficient General Warranty Deed conveying said property to Purchaser, and Purchaser agrees, when said deed is tendered, to pay balance of the cash payment and execute the note or notes and Deed of Trust herein provided for. Purchaser agrees that any restrictions or conditions imposed in any additions or subdivisions of which the herein described property is a part, or any existing party wall agreements or easements for utility purposes shall not be recited as objections to the title or considered as an encumbrance on said property. Prior to consummation of this sale, risk of loss by fire or other casualty shall be on Seller, and in event of loss, Buyer shall have the op- tion Ito be exercised within five days after notice of loss) of canceling this contract and receiving back the earnest money or closing the sale according to this contract, and receiving from the Seller an assignment of the insurance proceeds. Taxes for the current year, and current rents, insurance, and interest lif anyl are to be prorated to date of closing. "In accordance with the requirements of the Texas Real Estate License Act, Section 28, you are advised as Purchaser that you should be furnished with or obtain a policy of Title Insurance ur have the Abstract covering the Real Estate which is the subject of this Contract examined by an Attorney of your own selection." Pt)SSESSION: There are no agreements, conditions, stipulations or representations verbal or otherwise, other than those contained herein. ~~~ ~necial. Ctsnditigns attaL~~c~ heretfl ,~:~ ~che~ule; 1. Street. Address Executed this day of bZ~~V~IsI,,F~~ I~i7~~'~3#~~~3T ~'HC~QL I'!I~°1'~.TC=~' Purchaser Agent City D. 19 C~i~l:~u ROADS ~~~L~i~~~`1' i:Qt~~S~'?lt`3`i Seller Agent J5MR r5 SCHEDULE 1 TO CONTRACT OF SALE BETWEEN CROSS ROADS DEVELOPMENT COMPANY ("SELLER ") AND BIRDVILLE INDEPENDENT SCHOOL DISTRICT ("PURCHASER") SPECIAL tONDITIONS 1. This contract is conditioned upon Seller being granted Planned Development zoning on the tract shown on Exhibit 2 attached hereto and being able to obtain the necessary building permit or permits for mUlti-family dwellings to be built on said tract. 2. Purchaser's obligation to purchase the Property is conditioned upon Seller donating the five acre tract described as Tract A on Exhibit 1 to Purchaser. Such gift shall be by a general warranty deed delivered simultaneously with the closing of the purchase described herein. 3. Seller, at Seller's sole cost and expense, shall cause to be prepared a current plat of survey of the Property, prepared by a duly licensed Texas land surveyor. The survey shall be staked on the ground and the plat shall show the location of all improvements, highways, streets, roads, rivers, or other water courses, fences, easements and rights-of-way on or adjacent to the property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of net square feet comprising the Property, together with a metes and bounds description thereof. The term net square feet shall be the number of square feet contained in the Property, exclusive of any land lying within the bed of any alleys, streets or roads or the right-of-way lines of public roads, streets, alleys, or railroads, or within the boundaries of utility easements, or creeks, rivers or other water courses. The actual purchase price of the Property shall be determined on the basis of $1.75 per net square foot as determined in the new survey. .'" PURCHASER: SELLER: BIRDVI~LE ~DEPENDENT . CROSS S:~~L lTRICT ~_ . By-: > /CfÆ1"'/ '{,/ /. I- By. .' .< A '{I/_ 1 ------1;--</ \I .//>( ¿!¿ ft ;::. .?)-{. "-.{ 1(: {It . , // ! l_/ ROADS DEVELOPMENT COMPANY