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HomeMy WebLinkAboutCC 1981-01-12 Minutes MINUTES OF THE REGULAR MEETI~G OF THE CITY COUNCIL OF tJORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, JANUARY 1 2, 1 981 - 7: 30 A. t1. 1. Mayor Faram called the meeting to order January 12, 1981, at 7: 30 P. ~1. 2. Present: Di ck Fa ram Jim ¡-lood J. C. Hubbard I~i 1 ey Thomas Dave Freeman Sharyl Groves Staff Present: Chuck ~li 11 i ams Jeanette t100re Dennis Horvath Richard Albin News Media: Robin Hatkins Kelvin Todd Toni Baird Joe Norton Absent: Jim Kenna Bob Brady 3. The invocation was given by t~r. Gordon t~e lson. CALL TO ORDER t1ayor ROLL CALL Councilmen Councilwoman City t1anager City Secretary Assi stant Ci ty t1anager City Engineer tH d Citi es North Richland News North Richland News News Tribune Councilman Councilman INVOCATION APPROVAL OF tlINUTES OF REGULAR MEETING DECEt1BER 8, 1980 APPROVED CONSIDERATIOr~ OF RES I GNÞ,TI ON OF COUNCILMAN BOB BRADY PLACE SIX APPROVED 4. Councilwoman Groves moved, seconded by Councilman Hubbard, to approve the minutes of the meeting of December 8, 1980. Motion carried 5-0. 4a. Councilman Hubbard stated that due to urgency of item 21, he moved to move item 21 to item 4a. Councilman Thomas seconded the motion. t1otion carried 5-0. Councilman Hubbard moved, seconded by Councilman Wood, to accept the resignation of Councilman Bob Brady for reasons stated. Motion carried 5-0. January 12, 1981 Page 2 5. The following proclamation was read: WHEREAS, the Fort Worth Christian School Cardinals, members of Texas Association of Private Schools will now be Texas Association of Private Schools IState Champions. PROCLAMATION - PRESENTED TO FORT WORTH CHRISTIAN SCHOOL PROCLAIMING CARDINAL DAY JANUARY 12, 1981 WHEREAS, this team coached by Head Coach Randy Tribble was elected as Coach of the Year in Private School Conference, and; WHEREAS, Duck Brewer was nominated as Top Offensive Player of the year, WHEREAS, this team is comprised of 29 fine young men, 3 Coaches, 3 Managers, 1 Trainer, 1 Superintendent and 1 Principal: Harold Wade, SQpenintendent Jerry Plemons, Principal Randy Tribble, Coach Al Sexton, Coach Darlene Clayton, Manager Jimmy Bedgood, Manager Jeff Harrison, Manager Alan Kent, Trainer Philip Strizinek, Junior Aaron Woods, Junior Kevin Stone, Junior Wesley Scott, Junior Link Davis, Junior ------------------------ --------------------------- Jeff Markham, Sophomore Mike Boaz, Sophomore Tim Roberts, Sophomore Brian Dempsey, Sophomore Dan St. Clair, Sophomore Robert Hart, Sophomore Jerry Petty, Sophomore Scott McGovern, Sophomore Duck Brewer, Senior Mark Alexander, Senior Phillip Taylor, Senior Ronnie Beam, Senior John Par~ Senior Benny Perry, Senior Lee Hardin, Senior Brad Johnson, Senior ---------------------------- --------------------------- Rick Thompson, Fres~man Farland Clark, Freshman Thomas McCafferty, Freshman David Pearson, Junior Ricky Scott, Junior Greg St. Charles, Junior Dickie Rhoten, Junior Kevin Walter, Junior WHEREAS, it is the desire of North Richland Hills to pay tribute to Coach and Team Members of Fort Worth Christian School. The Cardinals have outstanding sportsmanship and are recognized as the Texas Association of Private Schools State Champions for the State of Texas. NOW THEREFORE, I, Dick Faram, Mayor of the City of North Richland Hills, Texas, d 0 hereby proclaim this 12th day of January, 1981, as Cardinal Day. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the City of North Richland Hills, Texas, to be affixed this 12th day of January, A.D., 1981. Dick Faram - Mayor , 6. Mr. Dale Jessup, 5309 Greenwood Way, appeared before the Council. Mr. Jessup stated the reason for the variance was that he would like to have the variance to make an addition in the back of his home. Mr. Jessup stated the building would not be visable from the street. Mr. Jessup stated he would like for the Council to allow the variance to make the building frame. Mr. Jessup stated there was an existing 18x16 concrete slab at the back and he planned on putting in two windows and a door. There was no need for electricity because he would only be using it for storage. Mayor Faram stated Mr. Jessup had indicated his neighbor to the north had no objections to the building. Mayor Faram asked Mr. Jessup if there were any objections from any of the neighbors that he was aware of. Mr. Jessup stated to his knowledge there were no objections. The ones to the north were the only ones that would be able to see the building. Mayor Faram asked Mr. Jessup if in his opinion would there be any additional fire hazard involved by allowing this variance. Mr. Jessup replied no. ouncilman Wood asked if the whole building would be frame. Mr. Jessup stated yes, the reason for the size of the building was because of the existing slab. Councilman Freeman asked if anyone from the city had looked at this property. Mr. Williams stated he was not aware of anyone looking at it. Councilman Freeman stated that it appeared on the plat that when the building was extended it would be close to the set-back. Mr. Jessup stated there would be approximately four feet between the building and the fence. Councilman Freeman asked what the City Ordinance was concerning set-backs. Mr. Horvath stated the requirement was three feet. Councilman Wood asked if the north wall of the existing garage was frame. Mr. Jessup replied yes. January 12, 1981 Page 3 CONSIDERATION OF REQUEST OF DALE JESSUP, 5309 GREENWOOD WAY, FOR VARIANCE FROM BRICK ORDINANCE APPROVED January 12, 198J Page 4 Councilman Freeman asked if the building would be the same height as the existing home. Mr. Jessup stated the building would be lower than the existing garage. Councilman Freeman moved, seconded by Councilman Thomas, to approve Mr. Jessup's request for a variance. Councilman Hubbard stated that the building would only be 88 feet over the ordinance requirement; however, it appeared to him that the ordinance needed to be corrected or the Council stop giving variances. Councilman Hubbard stated there were one to three requests for variances at every Council meeting. Councilman Hubbard stated he could foresee that everyone in the city would ask for a variance under the present ordinance. Councilman Hubbard stated he felt the request should be denied to everyone until the city plans were reviewed and change the ordinance or stick by it. Councilwoman Groves stated she concurred with Councilman Hubbard. Councilwoman Groves stated she could not see having the ordinance and making variances from it. Councilman Freeman stated in this particular instance it appeared that if Mr. Jessup was required to brick this addition he would have an architectural problem with the north side of his house being frame down to the point of his addition and it being brick. Councilman Wood stated that in this case he thought Councilman Freeman had a point. Councilman Wood stated that when there was a frame wall existing having to brick a portion of that structure would deter from the overall looks, it was one you had to make a decision on. Councilman Wood stated he hoped the Council would not see many more variances. Mayor Faram stated he thought the 200 square feet was a little ridiculous. Mayor Faram stated he concurred with Councilmen Freeman and Wood, it would be ridiculous to require Mr. Jessup to brick this building. Mayor Faram stated he would like to see the ordinance re-valuated. Councilman Hubbard moved to postpone action of this request until next Council meeting. Motion dies for the lack of a second. Mayor Faram called for a vote on the original motion. Original motion carried 3-2; Councilmen Wood, Freeman and Thomas, voting for; Councilman Hubbard and Councilwoman Groves voting against. 7. Mr. R. B. Vension representing Mr. J. D. Griffith, appeared before the Council. Mr. Vension stated they got a permit to build a two-story triple car garage. They were red-tagged because it was not 75% masonry. Mr. Vension stated all the walls, except the very front, were eight foot masonry. Mr. Vension stated the building was built into a hill. The structure above ground was frame. The only part on the bottom that was not masonry was the front which would be four sections about a foot apart where the three garage doors were. t·1ayor Faram asked Mr. Vension if he was saying everything below was frame except the garage doors. t~r. Vension stated everything was frame on the second story. Mayor Faram asked if this was an existing building. Mr. Vension stated yes. Councilman Freeman asked the City Attorney if the Council was taking into consideration the portion above ground as far as the intent of the existing ordinance and as far as fire protection was concerned. Mr. McEntire stated the Council was taking into consideration the outside walls of the entire building. Mr. McEntire stated the walls did not meet the 75% masonry requirement. Councilwoman Groves stated the upper story was all frame and since that was where the ground was, that was where all the weeds and grass was. Councilwoman Groves stated she felt it would be a fire hazard. Mr. Vension stated the land sloped and there could be as much as three feet of the bottom structure across the back above the ground. Mr. Vension stated when they got the permit originally the second story was allowed to be frame. Councilman Freeman asked how the building permit was issued since the building did not conform with the ordinance. Mr. McEntire stated when the permit was issued it showed to be 75% brick. Councilman Freeman asked if a drawing was submitted when the permit was obtained. Mr. Horvath stated the only thing that was submitted was a drawing. The permit was issued based on the drawing. January 12, 1981 Page 5 CONSIDERATION OF REQUEST OF J. D. GRIFFITH, 6632 CHILTON, FOR VARIANCE FRm1 BRICK ORDINANCE POSTPONED Mayor Faram stated it was his understanding the property had not been platted and it was his understanding the property must be platted before a permit could be issued. Mr. Horvath stated the property had not been platted. Mr. J. D. Griffith appeared before the Council. Mr. Griffith stated the property was suppose to be platted. Councilman Freeman moved, seconded by Councilman Wood, to postpone action on this request until such time the City Staff could verify platting and also before presented again have some type of elevation. Motion carried 4-1; Councilmen Freeman, Wood, Thomas and Councilwoman Groves voting for; Councilman Hubbard voting against. 8. Mr. Paul Schmidt, 4716 Lariat Drive, appeared before the Council. Mr. Schmidt stated his request was to drill a well for watering his yard. Mayor Faram asked Mr. Schmidt if he was aware the depth of the well could only be 200 feet and not for human consumption. Mr. Schmidt stated he was aware of these requirements. Councilman Thomas moved, seconded by Councilman Freeman, to approve Mr. Schmidt's request to drill a well. Motion carried 5-0. 9. Mrs. Beverly Riley, Chairman, Cable TV Advisory Committee for North Richland Hills, appeared before the Council. Mrs. Riley stated they were before the Council tonight to submit recommendations the Advisory Committee felt would help the City to promote citizen participation in Local Government and better understanding of other city services and programs. Mrs. Riley introduced Dr. Dan Echols of Tarrant County Junior College. Mrs. Riley stated that Dr. Echols had researched other cities who had used Cable TV to their advantage. Dr. Dan Echols, 5016 Nevada Trail, member of North Richland Hills Cable Advisory Committee. January 12, 1981 Page 6 CONSIDERATION OF REQUEST OF PAUL SCHMIDT, 4716 LARIAT DRIVE, TO DRILL A WELL APPROVED CONSIDERATION OF REQUEST OF COMMUNITY CABLE ADVISORY PANEL ON USE OF FRANCHISE FEE - PRESENTED BY DAN ECHOLS POSTPONED Dr. Echols stated that at the meeting of the Cable Advisory Committee they had been discussing some needs that needed to be addressed in order to properly regulate and utilize the Cable TV for the benefit of North Richland Hills and its citizens. Dr. Echols stated there were several things that needed to be considered. Dr. Echols stated one thing that needed to be done was to consider the development of a municipal service, video service which would be similar to those which had been utilized in other cities, one of which was Madison,Wisconsin and the other was Redding, Pennsylvania. Dr. Echols stated he visited both of the systems and was particularly impressed with the way the municipal service was operated in Madison, Wisconsin. Dr. Echols stated he realized North Richland Hills was not nearly as big as Madison, but the principles that were involved are the same as what is needed to be considered here. Dr. Echols stated the municipal video service was a function of the Madison Library. Dr. Echols stated it consisted of four functions; promote the public use of Cable TV by encouraging community participation in and developing procedures for the use of public and educational access channels; and, consulting with and advising community organizations; provide technical assistance and information to city personnel, the Mayor, the Common Council and the public; provide resources and technical information to city departments and the audio-visual programming and production review team; provide staff support, recommendations, clerical and informational assistance to the Cable Television Program Advisory Council; supervise the administration of city 12, which was the name of the municipal channel, by providing program production, acquiring and maintaining equipment, setting policy and procedures, maintaining a regular program schedule. Dr. Echols showed a tape at this point of the meeting. Dr. Echols stated this channel was currently available to the City, provided by Black Hawk Cable TV Company. They also provide channels for educational use and community access. Dr. Echols stated that in the early stages of the franchise he expected that a great deal of the support that would be needed for this type of thing would be provided by the Cable Company and would require relatively little expenditures of the City, but as the demand increased on the Cable Company for operation of their equipment to provide the community access that was going to be available less and less of it would be available to the city, it would require the city to stand on its own feet to provide these services. Dr. Echols January 12, 1981 Page 7 stated the city would have to buy more equipment to develop this and it would have to be under the direction of some city agency in order to be a liable operation. Dr. Echols stated the Committee's proposal was that the Council consider very carefully the possibility of utilizing part of the franchise fee, if that was their desire, to provide these kind of services to the citizens of North Richland Hills. Mayor Faram asked Dr. Echols what kind of equipment would be purchased. Dr. Echols stated a video tape recorder, some video cameras, audio recording equipment and eventually some editing equipment in order to edit the tapes. Dr. Echols stated some other uses of this equipment which would help to justify the expenditures would be the production of the materials to be usèd in the training of city departments, such as, the Fire Deparmment, Police Department and Election Judges. Dr. Echols stated one of the uses would be programming for senior citizens. Mayor Faram stated he had heard this discussed back and forth and personally had some real problems with it. One was where a city government or any kind of government putting out information. It seemed to him that would be very hard to develop any kind of rules or criteria by which information was totally neutral, completely divorced from politics. Mayor Faram stated that is why we have the free press, they could sit and interpret what happens and he could tell it in a different way, he would tell it as the position of being Mayor of North Richland Hills. Mayor Faram stated he felt it would be very touchy ground as far as he was personally concerned. When you start editing and preparing the tapes in which you are going to have for public release and the open Council meeting, right now, unless some stringent rules could be developed, he was personally having a real hard problem with the city government of North Richland Hills getting into the information business. Mayor Faram stated he certainly wanted an informed public, but, was having a hard time thinking that as an amateur politician he could screen information and go over the airways because it was subject to criticism. January 12, 1981 Page 8 Dr. Echols stated he did not think Mayor Faram fully understood exactly how the process took place. Dr. Echols stated this information was not released to the citizens. The citizens were involved in asking questions of the city officials. The city officials reply to the questions and help explain them. Dr. Echols stated it was not a structure type brainwashing situation. Mayor Faram stated he had a big problem with this until he could see some very strict rules that governed the government itse If . Dr. Echols stated the committee wanted to see the Council sessions televised then the citizens could draw their own conclusions. Mayor Faram stated he would personally have a hard time trying to chair a meeting of this type. Mayor Faram stated his personal feeling was that if people were interested enough in government there was news media to find an unbiased source. ¡ I i I Councilman Wood stated he felt the city was faced with a change in times and in time all city functions would be on Cable TV. Councilman Wood stated the Cable TV Advisory Committee had three purposes in mind in this presentation. Councilman Wood stated the Committee was proposing to the Council that they authorize the Cable Advisory Committee, or select a citizens committee, to help establish the policy and procedures to the public governmental channels and the reason he said public was the Cable company already had advised the Committee that unless some rather firm, defined written policies and procedures were established do not take it because you would see some things you did not want to see. Councilman Wood stated the Advisory Committee needed to have additional citizenry appointed by them or the Council; Councilman Wood stated that was number one. Councilman Wood stated item two, the Committee was asking for consideration to designate a portion of the franchise fee to promote the public and/or governmental excess channels because no matter what is done it was going to wind up with public information, which if nothing else would be audio visual tapes. Councilman Wood stated the contract called for the company to furnish terminals and outlets, that meant a camera and a plug in the wall. Councilman Wood stated that as far as the Library, that meant you could rent or purchase tape programs. The Library could run a program. The Recreation Center could run a tape program. Eventually you would see on cable, credit courses. Councilman Wood stated the issue must be faced shortly and policies and procedures needed to be drawn up. 1 I ! ~ January 12, 1981 Page 9 Councilman Wood stated the third and most important item was the Council authorizing the Cable Advisory Committee to jointly cooperate with the adjoining cities, counties and school districts, because of the duplicating process. The Hurst Library had one on the most amazing programs for them to be on the air the short length of time in the area. Councilman Wood stated it would be foolish to duplicate their effort. Councilman Wood stated this would require the city to either rent Hurst's tapes or being able to switch over and put it into North Richland Hi 11 s. Councilman Wood stated his proposal to the Council would be for the Council and the Cable TV Advisory Committee to have a joint work session. Councilman Freeman asked how much money was being discussed. Dr. Echols stated he thought the dollars should be considered to relate to what was coming in from the cable franchise. Councilman Freeman asked what the round figures would be to get the program started. Dr. Echols stated they propose that a percentage of the Cable franchise be dedicated, which would be very, very small in the early years and simply bank that away in order to utilize it. The Council would authorize the use of the money at the appropriate time. Councilman Freeman asked Mr. Williams what he thought the franchise fee would be in two or three years. Mr. Williams stated he did not know at this time. Councilman Wood stated that at the present time, it was too early to have any estimates. Councilman Wood moved, seconded by Councilwoman Groves, to postpone action on this request until such time that a joint session with the Advisory Committee and the Council could be scheduled. Motion carried 5-0. Mayor Faram advised Councilman Wood to set-up the meeting. Mayor Faram called a ten minute recess. --.;' Mayor Faram called the meeting back to order. The same Council Members and Staff were present as recorded at the beginning of the meeting. January 12, 1981 Page 10 RECESS BACK TO ORDER January 12, 1981 Page 11 10. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval, subject to the Engineers' comments and covenant being signed for pro rata. Councilman Freeman moved, seconded by Councilman Hubbard, to approve PS 80-57. PS 80-57, REQUEST OF FORREST JOHNSON FOR FINAL PLAT OF LOT 1, BL OC K 4, HEWITT ESTATES APPROVED Motion carried 5-0. 11. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval. Councilman Hubbard moved, seconded by Councilman Freeman, to approve PS 80-59. PS 80-59, REQUEST OF C I TV OF NORTH RICHLAND HILLS FOR REPLAT OF HOLIDAY NORTH, SECTION 7 APPROV ED Motion carried 5-0. 12. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval subject to the Engineers' comments and the drainage being resolved. Mayor Faram asked if all the requirements had been resolved. Mr. Horvath stated there was a letter from the owner of the property agreeing to the drainage requirements. PS 80-63, REQUEST OF COLLEGE HILL CHURCH FOR FINAL PLAT OF LOTS A & B, BLOCK 28, COLLEGE HILL ADDITION APPROVED Councilman Hubbard moved, seconded by Councilman Freeman, to approve PS 80-63. Councilman Wood stated he would question a letter on file. If the property was sold a letter might not be sufficient. City Attorney McEntire stated a covenant could be signed. Councilman Hubbard amended his motion, seconded by Councilman Freeman, to approve subject to a covenant being signed on the drainage. Amended motion carried 5-0. 13. Council,man Freeman moved~ s:econded by Counci lwoman Groves, to approve the low bid of Tarrant Electric Corporation in the amount of $37,060.00. Motion carried 5-0. CONSIDERATION OF BIDS:FOR LIGHT FIXTURES AT RICHFIELD PARK APPROVED 14. City Manager Williams advised the Council only one bid was received for the surplus park property and the Staff recommended rejecting the bid. Councilman Freeman moved, seconded by Councilman Hubbard, to reject the bid of Dale Hill Investment Company. Motion carried 5-0. Councilman Freeman asked if the estimate had been checked. January 12, 1981 Page 12 CONSIDERATION OF PAYMENT TO SHARROCK ELECTRIC, INC., IN THE AMOUNT OF $3, 199.84 FOR INSTALLATION OF TRAFFIC SIGNALS APPROVED 15. Councilman Hubbard moved, seconded by Councilman Freeman, to approve paument to Sharrock Electric in the amount of $3,199.84. City Manager Williams stated Allen Bronstad had checked the figures. Councilman Wood asked the status on the installation of the signals. Mr. Williams stated it was a little behind schedule because of not being able to get the poles. Mr. Horvath stated the poles were in place. Motion carried 5-0. 16. Councilman Freeman moved, seconded by Councilman Wood, to approve payment to the City of Hurst in the amount of $6,603.00. Motion carried 5-0. CONS I DERATION OF PAYMENT TO CITY OF HURST IN THE AMOUNT OF $6,603.00 FOR IMPROVEMENT TO PRECINCT LINE ROAD APPROVED 17. Councilman Hubbard moved, seconded by Councilman Freeman, to approve Resolution No. 81-1. funding to be taken from the Hotel/Motel Tax. Councilman Wood asked if this would be the final contract. CONSIDERATION OF RESOLUTI ON TO APPROVE APPROPRIATION OF FUNDS FOR COMPREHENSIVE PLAN APPROVED RESOLUTION NO. 81-1 Mayor Faram replied no. Motion carried 5-0. 18. Councilman Wood moved, seconded by Councilman Freeman, to approve the contract with Wayne M. Snyder & Associates subject to finalization by a committee. Mayor Faram appointed Councilmen Wood and Freeman and City Manager Williams to a committee to negotiate the contract. CONSIDERATION OF CONTRACT FOR COMPREHENSIVE PLAN WITH WAYNE W. SNYDER & ASSOCIATES APPROVED Motion carried 5-0. 19. Councilman Hubbard moved, seconded by Councilman Freeman, to postpone action on this item. Motion carried 5-0. CONSIDERATION OF RESOLUTION FOR THE POSITION OF DIRECTOR OF CITY PLANNING POSTPONED 20. Councilman Hubbard moved, seconded by Councilman Freeman, to approve Ordinance No. 866, appointing Mr. Charles Owen, Jess Nelson and Cliff Griffith to the Board of Equalization for 1981. Motion carried 5-0. 21. This item heard as item 4a. 22. Mayor Faram adjourned the meeting of January 12, 1981. January 12, 1981 Page 13 APPOINTMENT OF BOARD OF_ _ EQUALIZATION FOR 1981 APPROVED ORDINANCE NO. 866 CONSIDERATION OF RESIGNATION OF BOB BRADY, PLACE SIX APPROVED Dick Faram - Mayor ATTEST: Jeanette Moore - City Secretary