HomeMy WebLinkAboutCC 1983-05-09 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, MAY 9, 1983 - 7:30 P.M.
1.
Mayor Faram called the meeting to order May 9, 1983, at
7:30 p.m.
2.
Dick Faram
Jim Ramsey
Jim Kenna
Richard Davis
J.C. Hubbard
Dick Fisher
Harold Newman
Marie Hinkle
Councilwoman
Present:
Mayor
Mayor Pro Tem
Councilmen
Staff:
Dennis Horvath
Jeanette Moore
Gene Riddle
John Whitney
Lou Spiegel
Assistant City Manager
City Secretary
Director Public Works/Utility
Purchasing Agent
Finance Director
Planning & Zoning Members:
Margie Nash
Don Bowen
Press:
Jeff Yeates
Mid Cities
Absent:
Rodger Line
City Manager
3.
The invocation was given by Councilwoman Hinkle.
4.
Councilman Kenna moved, seconded by Councilman Hubbard, to
approve the minutes of the regular meeting April 25, 1983.
Motion carried 7-0.
5.
Mayor Pro Tem Ramsey removed Item #15 and Mayor Faram removed
Item #13 from the Consent Agenda.
6.
Councilman Kenna moved, seconded by Councilman Hubbard, to
approve Consent Agenda Items #11, 12, 14, 16, 17 and 18.
Motion carried 7-0.
CALL TO ORDER
ROLL CALL
INVOCATION
CONSIDERATION OF
MINUTES OF THE
REGULAR MEETING
APRIL 25, 1983
APPROVED
CONSIDERATION OF
REMOVING ITEM(S)
FROM CONSENT
AGENDA
CONSIDERATION OF
CONSENT AGENDA
(ITEMS 1111, 12,
14, 16, 17 and
18)
APPROVED
7. Mayor Faram presented John Moody with a Ten Year Certificate
and Service Pin for ten years of service in the Utility
Department.
8. Councilman Davis moved, seconded by Councilman Kenna, to
reappoint George Tucker and Margie Nash for a two year term
and John Schwinger as Alternate for a one year term.
Motion carried 7-0.
9. Mayor Faram appointed Mr. Robert Courser to the Library
Commission and asked the Council for confirmation.
Council confirmed the appointment.
Mayor Faram asked for Council approval to move item #19
to this point of the agenda.
19.
Mr. Frank Medanich, First Southwest Company, appeared before
the Council.
Mr. Medanich stated the City had received three bids,
Prudential-Bache Securities, Rauscher Pierce and Underwood
Neuhaus. Mr. Medanich stated he considered the proposals
very favorable and recommended the bid of Prudential-Bache
Securities at 8.7296% effective interest rate.
Mayor Pro Tem Ramsey moved, seconded by Councilman Kenna, to
approve Ordinance No. 1025, an ordinance by the City Council
of the City of North Richland Hills, Texas, authorizing the
issuance of $3,000,000 "City of North Richland Hills, Texas,
Waterworks and Sewer System Revenue Bonds, Series 1983", dated
June 1, 1983; prescribing the form of the bonds and the form
of interest coupons; pledging the net revenues of the City's
Waterworks and Sanitary Sewer System to the payment of the
principal of and interest of said bonds; enacting provisions
incident and related to the subject and purpose of this
ordinance; and providing an effective date.
Motion carried 7-0.
Mayor Pro Tem Ramsey moved, seconded by Councilman Hubbard, to
award the bid to Prudential-Bache Securities.
Motion Carried 7-0.
Mayor Faram expressed his appreciation to Mr. Line, Mrs. Spiegel
and Mayor Pro Tem Ramsey for making the trip to New York and
obtaining an A rating for the City.
May 9, 1983
Page 2
PRESENTATION OF
TEN YEAR CERTIFICATE
AND SERVICE PIN TO
JOHN MOODY - UTILITY
DEPARTMENT
CONSIDERATION OF
APPOINTMENTS TO THE
PLANNING AND ZONING
COMMISSION
APPROVED
CONSIDERATION OF
APPOINTMENT TO THE
LIBRARY COMMISSION
APPROVED
CONSIDERATION OF
ORDINANCE AUTHORIZING
THE ISSUANCE OF
$3,000,000 "CITY OF
NORTH RICHLAND HILLS
WATERWORKS AND SEWER
SYSTEM REVENUE BONDS
SERIES 1983"
APPROVED
ORDINANCE NO. 1025
10. Councilman Hubbard moved, seconded by Councilman Kenna, to
deny PZ 83-21, Ordinance No. 1023.
Councilman Hubbard stated that if the Council approved this
request it would be in violation of the City Zoning Ordinance.
Mayor Pro Tem Ramsey stated he would like to openly apologize
to Mr. Tompkins for not recognizing the violation since he
chaired the meeting.
Motion carried 7-0.
*11.
*12.
May 9, 1983
Page 3
CONSIDERATION OF
ORDINANCE FOR
PZ 83-21,
ORDINANCE NO. 1023
(POSTPONED AT THE
APRIL 25, 1983
MEETING)
DENIED
PLANNING & ZONING
PS 83-34, REQUEST OF
NORTHEAST
CONSTRUCTION COMPANY
FOR REPLAT OF LOTS
13A THRU 23B, BLOCK
26 AND LOTS 8A THRU
17B, BLOCK 33,
HOLIDAY WEST ADDITION
(LOCATED EAST OF RUFE
SNOW AND BOUNDED ON
THE EAST BY HOLIDAY
WEST ADDITION)
APPROVED
PLANNING & ZONING
PS 83-37, REQUEST OF
J.W. SHAUNTY FOR
FINAL PLAT OF LOTS 5
THRU 7, BLOCK 1,
HENRY ADDITION
(LOCATED ON THE NORTH
SIDE OF HARMONSON
ROAD BETWEEN FLORY
AND SCRUGGS DR.
APPROVED
13. Mayor Faram advised the Council the Planning and Zoning
Commission has recommended approval.
Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey to
approve PS 83-39.
Mayor Faram advised he had a request to speak from Mr. Don
Hamrick.
Mr. Hamrick stated he had requested to speak only if there
was opposition to the request.
Motion carried 7-0.
*14.
15. Councilman Davis asked to be excused from the table because
his firm did the surveying.
Mayor Faram excused Councilman Davis from the table.
Councilman Hubbard moved, seconded by Councilman Fisher, to
approve PS 83-41.
Councilman Kenna asked if the Staff had looked at the egress
on Loop 820. Councilman Kenna stated it looked as if there
might be a traffic problem if the egress was on Loop 820.
Mayor Faram asked where the entrance would be.
Mr. Riddle stated the entrance would be part of the existing
driveway to Integrity Buick.
Motion carried 6-0.
Councilman Davis returned to the Council table.
May 9, 1983
Page 4
PLANNING & ZONING
PS 83-39, REQUEST
OF DANNA
ROTHLISBERGER AND
DON HAMRICK FOR
REPLAT OF LOTS llR-1
AND l1R-2, BLOCK 1,
CRESTWOOD ESTATES
(LOCATED ON THE
NORTH SIDE OF ELM
COURT AND WEST OF
DAVIS BLVD.)
APPROVED
PLANNING & ZONING
PS 83-40, REQUEST OF
ALLISON AND HENRY
CONTRACTORS FOR
REPLAT OF LOT lOR,
BLOCK 2, JACK M.
ESTES SUBDIVISION
(LOCATED ON THE WEST
SIDE OF FLORY STREET,
NORTH OF GRAPEVINE
HIGHWAY)
APPROVED
PLANNING & ZONING
PS 83-41, REQUEST
WILLIAM R. CARSON
FOR REPLAT OF LOTS
AR-1, AR-2, AR-3,
AND AR-4, CALLOWAY
ADDITION (LOCATED
SOUTH OF NORTHEAST
LOOP 820 AND WEST
OF INTEGRITY BUICK)
APPROVED
*16.
*17.
*18.
19. Heard after item #9.
20. Mr. George Boring, Attorney, appeared before the Council
representing Mr. Earl McKinney.
Mr. Boring stated that he was present to try and clear up
some confusion that Mr. McKinney had regarding purchasing
some property and the previous issuance of two building
permits. Mr. Boring stated Mr. McKinney needed to know what
to do to go ahead and build additional homes in the range of
2,200 and 2,500 square feet on two acre tracts. Mr. Boring
stated that Mr. McKinney had built two homes and started a
third house. Mr. Boring stated that when Mr. McKinney
purchased the property there was a contingency in the
contract that the property could remain agriculture and could
build on two acre tracts. Mr. Boring stated Mr. McKinney was
given assurance by the city he could build on two acres and
was issued two building permits. Mr. Boring stated there was
discussion that when the houses were sold the buyer could
sign an agreement to pay for future street improvements and
there would be no problem. Mr. Boring stated that Mr.
McKinney was aware of the fact he would have to comply with
North Richland Hills requirement regarding water lines,
although Keller water was available across the street.
May 9, 1983
Page 5
CONSIDERATION OF
AWARDING BID FOR RUFE
SNOW DRIVE, PHASE II
APPROVED
CONSIDERATION OF
AWARDING BID FOR POT
HOLE PATCHER, UTILITY
CUT, SHOULDER
PATCHING MACHINE
APPROVED
CONSIDERATION OF
PARTIAL PAYMENT
ESTIMATE #3, IN THE
AMOUNT OF $458,109.00
TO UNIVERSAL TANK AND
IRON WORKS
INCORPORATED - DAVIS
BOULEVARD 2.0 M.G.
STORAGE TANK
APPROVED
CONSIDERATION OF
ORDINANCE AUTHORIZING
THE ISSUANCE OF
$3,000,000 "CITY OF
NORTH RICHLAND HILLS,
WATERWORKS AND SEWER
SYSTEM REVENUE BONDS,
SERIES 1983"
CONSIDERATION OF
REQUEST OF McMASTERS
BUILDERS FOR A
VARIANCE TO THE
SUB-DIVISION
ORDINANCE
DENIED
Mayor Faram asked Mr. Boring if his client had a problem
with platting and zoning the property.
Mr. Boring stated that Mr. McKinney's engineer indicated
that if the property was zoned and platted the streets would
have to be put in and a culvert built for the drainage.
Mr. Boring stated that he did not believe this was necessary
under the terms of the grandfather clause and felt that
Mr. McKinney was entitled to the clause.
Mayor Faram stated he had a problem with the grandfather
clause since the ordinance was passed in 1967. Mayor Faram
stated the City did not access 100% and the taxpayers would
have to pay the difference. Mayor Faram asked if this was
considered a sub-division.
Mr. Boring stated yes, Mr. McKinney intended to build on two
acre tracts, as he was advised by the City he could and was
issued two building permits.
Mayor Faram stated he felt the permits were issued in error
and it was a violation of the Sub-division Ordinance.
Mr. McEntire asked when the building permits were issued.
Mr. Boring stated in January, 1982.
Mr. Boring stated the ordinance had already been violated
and a pattern set that Mr. McKinney was entitled to.
Mayor Faram stated Mr. McKinney could plat the property and
build on two acre tracts.
Mr. Boring stated it was a matter of economics.
Mayor Faram stated he could appreciate the economics
situation but could not see passing the expense to the
taxpayers.
Councilman Davis stated the State Law was that if you
sub-divide land in less than five acres you shall plat the
property. Councilman Davis stated he would make the
recommendation that the Council deny the building permit
request on the two acre tracts and the owner bring in a
final plat. That would be the only way the Council could
address possible covenants regarding the water and sewer
facilities.
Councilwoman Hinkle asked if two houses had been completed
and a third one under construction.
May 9, 1983
Page 6
Mr. Boring stated yes, the third house was 50% complete.
Councilwoman Hinkle asked if a building permit had been
issued for the third house.
Mr. Boring stated he would have to defer the question to Mr.
McKinney.
Mr. Earl McKinney, President, McMasters Builders, appeared
before the Council.
Mr. McKinney stated when he first purchased the property,
and with information he had received from the City, he could
build on two acre tracts and stay agriculture. Mr. McKinney
stated this was placed in the contract contingent upon being
able to build on two acre tracts. Mr. McKinney stated he
applied for two building permits for two acre tracts and was
approved, therefore he closed out the twenty-two acres. Mr.
McKinney stated that when he applied for the third permit he
was advised he had to have five acres and he asked when the
requirements of five acres was started and was advised it
was started nine months prior to him applying for the third
permit. Mr. McKinney stated he proceeded to talk with his
engineer concerning platting the property and he was advised
the only thing he would be required to do would be to get a
covenant signed by the purchaser. The main water line ran
around the property. Mr. McKinney stated he was advised by
three people he would not have to put in streets, gutters or
drainage. When the engineer checked with the City Engineer,
three days before he was to go before the Planning and
Zoning Commission, he was advised the streets, drainage and
gutters would have to be put in. Mr. McKinney stated all he
was asking was to go under the grandfather clause and as
originally advised, to build on two acre tracts and stay
zoned agriculture.Mr. McKinney stated that he had a permit
for the third house to build on five acres.
Mayor Faram stated Mr. McKinney had been issued the third
permit for a five acre tract and asked what size tract the
first two were issued on.
Mr. McKinney stated the first two were issued for two acre
tracts.
Councilman Davis asked how the houses would be furnished
with sewer.
Mr. McKinney stated septic tanks would be installed.
May 9, 1983
Page 7
May 9, 1983
Page 8
Councilman Davis moved, seconded by Mayor Pro Tem Ramsey, to
deny the request of Mr. McKinney for building permits for
two acre tracts.
Councilman Kenna stated he agreed with Councilman Davis that
the property should be platted
Motion carried 7-0.
21. Mrs. Ilene Grubbs, 4111 Morgan Circle, appeared before the
Council.
CITIZEN PRESENTATION
Mrs. Grubbs stated she wanted to know why the drainage ditch
behind her house could not be kept cleaned out and mowed.
Mrs. Grubbs stated she moved in the house in 1954 and was
told it would be kept cleaned and moved. Mrs. Grubbs stated
she knew the City had gotten the money to put concrete in the
ditch but it had been put elsewhere.
Mayor Faram asked Mrs. Grubbs if the ditch had been cleaned.
Mrs. Grubbs stated no, only mowed.
Mayor Faram advised Mrs. Grubbs he would instruct Mr. Horvath
to look at the ditch and see that proper maintenance was given
to it.
Mayor Faram stated Mrs. Grubbs had indicated the City had the
money for a concrete liner. If the city got any money he did
not know where it was.
Mrs. Grubbs stated that when the City received the money the
concrete was placed in the ditch between Glenview and Flory.
Mayor Faram stated that project might have been done with
Community Development Funds and that came through the Tarrant
County Mayor's Council and the Glenview/Flory Street Project
was a higher priority.
Mayor Pro Tem Ramsey stated he would once again like to openly
apologize to the Council for the mistake made a couple of weeks
ago. Mayor Pro Tem Ramsey stated that the person that sat in
the Mayor's chair should have known what they were doing and
apparently he did not.
Mayor Faram advised Mayor Pro Tem Ramsey that he was deeply
greatful for him taking over during his absence and would
probably be asked to do so again in the future. Mayor Faram
stated that no one was above error and he understood from the
Council that he had done a tremendous job and for that he was
very greatful.
22. Mayor Faram adjourned the meeting of May 9, 1983.
e
ATTEST:
Page 9
May 9, 1983
ADJOURNMENT
Tem