HomeMy WebLinkAboutCC 1980-12-08 Minutes
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820, DECEMBER 8, 1980 - 7:30 P.M.
l. Mayor Faram called the meeting to order December 8, 1980, CALL TO ORDER
at 7:30 P.M.
2. Present: Di ck Fa ram Mayor ROLL CALL
Jim Wood
J. C. Hubbard
Wiley Thomas Councilmen
Bob Brady
Dave Freeman
Sharyl Groves Councilwoman
S ta ff :
Chuck Wi 11 i ams City Manager
Jeanette Moore City Secretary
Rex t·1cEnti re City Attorney
Richard Albin City Engi neer
Dennis Horvath Assistant City ~1anager
Carl Greenfield Planning & Zoning Member
Don Bowen Planning & Zoning Member
Press:
Joe Norton News Tribune
Lynda Johnson Ft. Worth Star Telegram
Kelvin Todd North Richland News
Absent:
Jim Kenna Councilman
3. The invocation was given by Councilman Hubbard. INVOCATION
Mayor Faram advised there was a legal petition against items
10 and 12 and would require a 3/4 majority vote. Mayor Faram
stated that since there was not a total Council present he would
give the applicants the option of having the request postponed.
Mr. Darrel Wood, attorney, representing case PZ 80-38, item 10,
stated he would like for this request to stay on the agenda.
Mr. Rick Cambell, representing PZ 80-36, item 10, asked that this
request be postponed.
4. Councilman Thomas moved, seconded by Councilwoman Groves,
to approve the minutes of the special meeting November 17, 1980.
Councilman Hubbard stated that item 2 should read 1I1F-12
homes II.
APPROVAL OF MINUTES
OF THE SPECIAL MEETING
NOVEMBER 17, 1980
APPROVED AS CORRECTED
Motion to approve as corrected carried 6-0.
December 8, 1980
Page 2
5. Councilman Hubbard moved, seconded by Councilman Hood,
to approve the minutes of the special meeting ~ovember 22,
1 980.
APPROVAL OF î1HJUTES
OF SPECIAL MEETING
NOVEMBER 22, 1980
APPROVED AS CORRECTED
Mayor Faram stated that on page 2, section 2, it should
state lIeast along the Railroad right-of-way. II
Motion to approve as corrected carried 6-0.
6. Mayor Faram read the following proclamation:
WHEREAS, the North Hills Mall has recently brought
favorable comment and recognition upon itself and this
City by earning the IIt1AXI-Al'lARDII issued by the International
Council of Shopping Centers; and,
PROCLAr1ATIOtJ -
PRESEiHED TO RON
WELLER, PROCLAIMING
NORTH HILLS WEEK
DECEt1BER 15-21
WHEREAS, the undersigned Mayor of North Richland Hills
Texas, deems it proper and necessary to call attention to
such honor as bestowed.
fJOl'J, THEREFORE, BE IT PROCLAIr1ED by the t1ayor of iJorth
Richland Hills, Texas, that:
The week of December 15 through December 21, 1980
is hereby des i gnated as IINORTH HILLS vJEEKII in the City of
North Richland Hills.
The citizens are especially urged to visit North Hills
Mall during this week and extend their congratulations and
best wishes for success to the management and employees in
North Hi 11 s i1a 11 .
Proclaimed this 8th day of December 1980.
IN TESTIMONY WHEREOF,
I hereunto set my hand
and caused the Seal of
the City of North Rich1and
Hills, Texas, to be affixed
this 8th day of December,
A.D., 1980.
Mayor Dick Faram
Mr. Ron Weller, General Manager North Hills Mall, accepted the
proclamation.
7. Councilman Freeman moved, seconded by Councilman Brady,
to confirm the appointment of George C. Tucker to
the Planning and Zoning Commission.
Motion carried 6-0.
8. Councilman Wood moved, seconded by Councilman Thomas,
to appoint Dr. Dale Gaskill of the Birdvil1e School
District to the Community Cable Advisory Panel.
Motion carried 6-0.
9. Mayor Faram advised the Council the Planning and Zoning
Commission recommended approval subject to the Engineers'
comments.
Councilman Hubbard moved, seconded by Councilman Brady,
to approve PS 80-53.
Motion carried 6-0.
10. This item postponed.
11. This item postponed.
12. Councilman Brady asked to be disqualified from the discussion
on this request because of a personal interest.
Mayor Faram excused Councilman Brady from the table.
Mr. Darrel Wood, attorney, representing Mr. Lusk asked
the Mayor to delay this request for five minutes.
Mr. Wood stated that Councilman Kenna was on his way to
the meeting.
Mayor Faram granted the request.
December 8, 1980
Page 3
CONFIRMATION OF
APPOINTMENT OF
GEORGE C. TUCKER
TO PLANNING & ZONING
COMMISSION
APPROVED
CONSIDERATION OF
APPOINTMENT OF
DR. DALE GASKILL TO
COMMUNITY CABLE
ADVISORY PANEL
APPROVED
PS 80-53, REQUEST
OF SCHICK SHADEL
HOSPITAL FOR FINAL
PLAT OF LOT 1,
BLOCK D, CALLOWAY
FARMS ADDITION
APPROVED
PUBLIC HEARING -
PZ 80-36, REQUEST OF
t1ARVIN SMITH TO
REZONE LOT 15R,
BLOCK 1, RICHLAND
OAKS ADDITION,
FROM 1F-9 ONE FAMILY
DWELLING TO LOCAL
RETAIL
POSTPONED
CONSIDERATION OF
ORDINANCE FOR
PZ 80-36
POSTPONED
PUBLIC HEARING -
REQUEST OF RON LUSK
TO REZONE TRACT 10A1,
FROM IF-9 ONE FAMILY
DWELLINGS TO 2F-9
TWO FAMILY DWELLINGS
COUNCILMAN KENNA NOW PRESENT.
Mayor Faram opened the public hearing on PZ 80-38 and
called for anyone wishing to speak in favor of this
request to please come forward.
Mr. Darrell Wood, attorney representing Mr. Lusk, appeared
before the Council.
Mr. Wood stated he had not represented this request at the
Planning and Zoning meeting but had read the minutes and
detected the objections. Mr. Wood stated this property
consisted of approximately two acres and there was a small
unkept structure on the property.
Mr. Wood showed pictures of the structure and vacant lot.
Mr. Wood stated one objection raised from the residents was
that two family dwellings would distract from the neighborhood
and would cause property values to go down. Mr. Wood stated
the market value of the duplexes would be about $80,000.00.
Mr. Wood stated the structure would be approximately 2,030
square feet and it would be an improvement to the area.
Mr. Wood stated the units would rent for approximately $850.00,
$425.00 per side.
Mr. Wood stated if the Council approved the request it would be
providing more taxes for the city and a place for~peõp1è to
live. Mr. Wood stated if this request was approved they
would install a stockade fence between the duplexes and
the homes in the area.
Mr. Wood showed pictures of the backyards of the homes next
to the property in question.
Mr. Wood stated another objection the homeowners had was that
it was a quiet neighborhood and the duplexes would create more
noise. Mr. Wood stated he did not think the neighborhood was
immune to noise.
Councilman Hubbard asked Mr. Wood about the parking facilities
for the duplexes.
Mayor Faram advised the parking would be covered under a
separate ordinance.
Mr. Hedgcoth, engineer, advised they would comply with the
ordinances.
December 8, 1980
Page 4
Councilman Kenna asked how many units would be built.
Mr. Wood stated six units would be built.
Mayor Faram called for anyone wishing to speak in opposition
of this request to please come forward.
Mr. Don Vandever, 4309 Ashmore, appeared before the Council.
Mr. Vandever stated he lived on the southeast corner of the
property in question. Mr. Vandever stated he was not present
at the Planning and Zoning Commission when this case was heard,
but he did sign a petition against the rezoning. Mr. Vandever
stated his was a new house in the neighborhood and he looked
hard and long to where he was moving in. Mr. Vandever stated
it was a single family neighborhood and he moved from
his previous house because of apartments. Mr. Vandever stated
those apartments rented for $500.00 and people still moved
in and out. Mr. Vandever stated he had invested $100,000.00
in his property and would like to see the Council maintain the
neighborhood. Mr. Vandever stated he had yet to see duplexes
that were successful.
Mayor Faram advised Mr. Vandever that the petition he had
signed did bear legal weight and it would require that 3/4
of the Council vote in favor of the request before it
could be approved.
Mr. Pat Marrs, 4313 Ashmore, appeared before the Council.
Mr. Marrs stated ten foot of his property adjoined the
property in question and he would like to support what
Mr. Vandever had said. They wanted the neighborhood to
stay single family.
Mrs. Sallie B. Carter, 7809 Randall, appeared before the
Council.
Mrs. Carter stated she was against apartments. t1rs. Carter
stated the pictures Mr. Wood showed was on each side of her
property and people were living in the house shown on the
property.
Councilman Freeman asked t1rs. Carter where she lived in relation
to the property asking to be rezoned.
Mrs. Carter replied she lived north of the property. Her
backyard backed up to the property.
December 8, 1980
Page 5
Mrs. Mary Vaughn, 4317 Ashmore Drive, appeared before
the Council.
Mrs. Vaughn stated she was the one that circulated the
petition and fifteen out of sixteen people signed it.
Mrs. Vaughn stated she hoped the Council would take the
petition into consideration when they voted on this
request. Mrs. Vaughn stated there was a lot of traffic
in the area due to TowneOaks apartments. Mrs. Vaughn
stated she did not feel duplexes would help the traffic
situation. Mrs. Vaughn stated this was a quiet neighborhood
at the present time and they wanted to keep it that way.
Councilman Wood stated there were twenty-two people within
200 feet of the property in question. Councilman Wood asked
Mrs. Vaughn if she could tell how the rest felt.
Mrs. Vaughn stated she was unable to find everyone at home
at the time she took the petition.
Councilman Wood asked Mrs. Vaughn if she was aware that
Booth-Calloway Road was scheduled to be rebuilt and would
probably become a secondary thoroughfare.
Mrs. Vaughn stated yes, but the people she had talked to
did not want duplexes. Mrs. Vaughn stated if the duplexes
rented for $425.00 that was low and would not attract the
highest class of people.
Councilwoman Groves asked Mrs. Vaughn that since she had taken
the petition, what was their major reason for being against
the duplexes.
Mrs. Vaughn states she wanted the neighborhood to stay one
family and if duplexes were built it would bring in more
people and more traffic.
Mr. Lawrence Vaughn, 4317 Ashmore Drive, appeared before the
Council.
Mr. Vaughn stated he lived east of the property in question.
Mr. Vaughn stated he felt this was a nice neighborhood and
he wanted to keep it that way. They did not want duplexes.
Mr. Vaughn stated he had talked to some of the people before
he bought his property and bought because it was one family.
Mrs. Carolyn Myers, 4321 Ashmore Drive, appeared before the
Council.
Mrs. Myers stated she lived right next to the property. Mrs. Myers
stated her husband had passed away a year ago and she did not want
transientpeop1e in the neighborhood. ~1rs. t~yers stated there had
been two shootings in the TowneOaks apartments. Mrs. Myers
stated there was already a lot of traffic and duplexes would
increase it.
December 8, 1980
Page 6
Mrs. Myers asked if this request was granted, could she
build an apartment on her property for her mother.
Mayor Faram replied no, that would have to be in a separate
action.
Mr. Kenneth Bell, 4316 Ashmore Drive, appeared before the
Council.
Mr. Bell stated he lived directly across the street from
the people that had just appeared. Mr. Bell stated he
sold the lot to Mr. Vandever and he had built a $100,000.00
home on it and he could see how he felt about the duplexes
being built. Mr. Bell stated the attorney had stated they were
going to build 2,000 square foot homes, but that was only
1,000 square feet per unit. Mr. Bell stated $400.00 a month
was easy for people to make today and he thought there would
be a lot of moving in and out. Mr. Bell stated he would
like to keep the neighborhood the way it is at the
present time.
Mrs. Carolyn Bell, 4316 Ashmore Drive, appeared before the
Council.
Mrs. Bell stated she had lived at this address for fourteen
or fifteen years. It was a quièt neighborhood and there
was also a lot of traffic at Ashmore and G1enview now,
duplexes would increase the traffic.
Mayor Faram closed the Public Hearing.
Mr. Wood asked for rebuttal time.
Mayor Faram stated with the Council IS permission he would
grant Mr. Wood five minutes.
Mr. Wood, attorney, reappeared before the Council.
Mr. Wood stated the question had come up about rentals and
he had some comfortable rentals of apartments in the North
Richland Hills area that reflected rentals going from
$230.00 a month for a very large apartment to $410.00.
Mr. Wood stated that when you were talking about $200.00
to $300.00 a month rental you were not talking about the
same people who would be putting out $450.00 a month.
Mr. Wood stated he was not talking about apartment dwellers,
he was talking about people living in duplexes.
December 8, 1980
Page 7
Mr. Wood stated he would like to point out to
the Council that two of the lots faced Booth-Calloway
and the other four, the first four lots off Booth-Calloway
facing Rogene. Mr. Wood stated Booth-Calloway was under
plans for widening and there was no reason why traffic
would go the other way if they could get out on Booth-Calloway.
Mr. Wood stated he would like to mention to the Council
that duplexes was the highest and best use of this piece of
property. Mr. Wood stated that if there would be any
economical basic justification to building single family houeses
on the property that would be done.
Councilman Kenna asked Mr. Wood how long his client had owned
the property.
Mr. Wood stated the property was under contract. The sale
was subject to the rezoning approval.
Councilman Freeman asked how long the property had been on
the market.
Mr. Wood stated about six months.
Councilman Wood stated he had looked at the plans and it did
not show egress and ingress or parking.
Mr. Wood stated they would comply with the ordinances concerning
egress, ingress and parking.
Councilman Wood asked City Engineer Albin what the off street
parking requirements were.
Mr. Albin stated he did not know the specific requirements.
Mr. Wood stated there would be rear entry parking.
Mr. Ernest Hedgcoth, engineer, stated there would be covered
parking in the rear with the entry on the side. Mr. Hedgcoth
sta ted the lots were 209 feet deep and there wou1 d be a very
large area in the back.
Councilman Wood asked what size the carports would be.
Mr. Hedgcoth stated four cars each unit.
Councilwoman Groves asked if the carports would be attached.
Mr. Hedgcoth stated yes.
Councilman Thomas asked if there would be other areas for
parking or would they have to park on the street.
December 8, 1980
Page 8
December 9, 1980
Page 9
Mr. Hedgcoth stated there would be room in the
rear of the duplexes if needed.
Mayor Faram offered the opposition the opportunity
to speak again.
Mr. Don Vandever, 4309 Ashmore, appeared before the
Council.
Mr. Vandever stated the attorney stated there were
other ways in and out of the neighborhood, the only
thru street was Ashmore. Mr. Vandever stated no one
would drive down Booth-Calloway it was almost impassable.
Mr. Vandever stated there was already a lot of traffic
in the neighborhood. Mr. Vandever stated that if the people
in the duplexes had more than one car and boat and it all
was parked in the back, where were the kids going to play.
Mayor Faram closed the Public Hearing.
13. Mayor Faram advised the Council there was a legal petition
on this request and would require a 3/4 majority vote
of the Counci 1 for approval.
Councilman Hubbard moved, seconded by Councilman Wood,
to approve PZ 80-38, Ordinance No. 860.
CONS IDERATION OF
ORDINANCE FOR
PZ 80-38
ORDINANCE NO. 860
DENIED
Councilman Freeman stated he saw this as spot zoning.
The petition bore a lot of weight with him and told
him the neighborhood did not desire a change.
Councilman Kenna stated he would have to agree with
Councilman Freeman. Councilman Kenna stated the
situation might change after Booth-Calloway was fixed.
Councilman Wood asked the City Attorney if this was
considered spot zoning.
Mr. McEntire stated this would not be classified as
spot zoning.
Councilwoman Groves stated she understood the developers,
but the petition bore a lot of weight with her also.
Motion to approve failed by a vote of 4-2; Councilmen
Kenna, Freeman, Wood and Councilwoman Groves voting against;
Councilmen Hubbard and Thomas voting for. (Councilman Brady
excused from the discussion and voting.)
14. Councilman Wood moved, seconded by Councilwoman Groves,
to deny PS 80-47.
Motion carried 6-0.
PS 80-47, REQUEST OF
RON LUSK FOR FINAL
PLAT OF LOTS 8-14,
BLOCK 8, RICHLAND
HEI GHTS ADDITION
DENIED
Councilman Brady returned to the Council table.
December 8, 1980
Page 10
15. Mayor Faram opened the public hearing and called for
anyone wishing to speak in favor of this request to
please come forward.
Mr. Thomas Anagnostis appeared before the Council to
represent Pizza Hut in this request.
PUBLIC HEARING -
PZ 80-41, REQUEST
OF PIZZA HUT OF
NORTH TEXAS TO
REZONE LOT 1,
BLOCK 25, CLEARVIEW
ADDITION FROM LOCAL
RETAIL TO LOCAL
RETAIL-SPECIFIC-
USE-SALE OF
ALCOHOLIC BEVERAGES
Mr. Anagnostis stated the Pizza Hut was located on
the Grapevine Highway. Mr. Anagnostis stated the
Planning and Zoning Commission had approved this
request. Mr. Anagnostis stated the sale of alcoholic
beverages in Pizza Hut would not effect the health,
welfare or safety of people. Mr. Anagnostis stated
they felt they could better serve their customers
if allowed to sell beer. Mr. Anagnostis stated
there were other establishments in the area that
served mixed drinks. Mr. Anagnostis stated he had
between 120 and 130 people in support of this request.
Councilman Wood asked Mr. Anagnostis if there would be
any problem if the permit was issued in the owners
name and not just Pizza Hut.
Mr. Anagnostis stated there would be no problem.
Councilman Wood asked Mr. Anagnostis if they would agree
to sign a letter stating the City had the right to
audit the books.
Mr. Anagnostis stated they would sign the letter.
Ms. Sharon Osboune, 7512 Maplewood, Apartment 231,
appeared before the Council.
Ms. Osboune stated she felt people in the city should be
able to drink beer in the Pizza Hut.
Councilman Wood asked Ms. Osboune if she worked for the
company.
Ms. Osboune stated yes.
Councilman Wood asked Mrs. Osboune if there would be any
problems with juveniles.
Ms. Osboune replied no.
December 8,1980
Page 11
Councilman Thomas asked Ms. Osboune if there would
be any problem determining ages and what per cent
of the customers were under 18.
Ms. Osboune stated there would be no problem with
ages and about 5% of the customers were under 18.
Jonathan Link, 3708 Oakbriar Lane, Bedford, Regional
Manager, Pizza Hut, appeared before the Council.
Mr. Link stated the Pizza Hut was very much a family
business. Mr. Link stated their competitors sold
beer and felt they should be able to also.
Ms. Vickie Hall, 5904 North Hills Dr., appeared
before the Council.
Ms. Hall stated she was for the issue. She would like
to be able to buy the beverage of her choice.
John Bounds, 7513 Oakridge Circle, appeared before the
Council.
Mr. Bounds stated he was all for beer in the Pizza Hut.
Ms. Dina Lindsey, 5108 Maplewood Court, appeared before
the Council.
Ms. Lindsey stated she was in favor of this request.
Ms. Karen Dickerson, 8009 Clark, appeared before the
Council .
Ms. Dickerson stated she was in favor of beer in the
North Rich1and Hills Pizza Hut.
Mr. William McCarthy, 7500 Terry Court, appeared before
the Council.
Mr. McCarthy stated he was for the request due to other
businesses having it.
Mayor Faram called for anyone wishing to speak in opposition
of this request to please come forward.
There being no one else wishing to speak, Mayor Faram closed
the public hearing.
December 8, 1980
Page 12
16. Councilman Kenna moved, seconded by Councilman Brady,
to approve PZ 80-4l, Ordinance No. 861.
Motion carried 7-0.
CONSIDERATION OF
ORDINANCE FOR
PZ 80-41
ORDINANCE NO. 861
APPROVED
COUNCILMAN KENNA LEFT THE MEETING AT THIS POINT.
17. Mayor Faram opened the public hearing and called for
anyone wishing to speak in favor of this request to
please come forward.
Mr. Beryl Stewart, 409 Fieldstone representing
Dr. Waggener, appeared before the Council.
PUBLIC HEARING -
PZ 80-42, REQUEST
OF DR. JAMES WAGGENER
TO REZONE TRACT 17D,
AND A PORTION OF
TRACT 16B, ABSTRACT
1606 FROM IF-7 ONE
FAMILY DWELLINGS TO
LOCAL RETAIL
Mr. Stewart stated they were requesting this rezoning
to construct a medical clinic and ask the Council IS approval
Mayor Faram asked if this property was part of the
property involved in litigátion.
Mr. Stewart stated yes, but they were prepared to
sign a convenant on this tract.
Mayor Faram stated he would have to question the Council's
consideration of this item until the litigation had been
resolved.
Mr. McEntire asked Mr. Stewart if he proposed to agree
to the assessment and pull this particular tract out
of the lawsuit.
Mr. Stewart replied that was correct, if possible.
Mr. McEntire stated it was possible.
Mr. Stewart
and approve
litigation.
to be there
stated it seemed the Council could go ahead
the request subject to the outcome of the
Mr. Stewart stated the assessment was going
one way or the other.
Mr. McEntire stated the Council could pass the ordinance
subject to the delivery of the dismissal of this particular
tract, which would not make the ordinance effective until
that had been done.
Mayor Faram called for anyone wishing to speak in opposition
of this request.
There being no one else wishing to speak, Mayor Faram closed
the public hearing.
î1ayor Faram advised the Council would go into executive
session with the City Attorney to discuss this pending
1 itigation.
~ayor Faram called the meeting back to order. The same
Council and Staff members were present as recorded at
the beginning of the meeting with the exception of
Councilman Thomas.
18. Councilman Brady moved, seconded by Councilwoman Groves,
to approve PZ 80-42, Ordinance No. 862.
Mayor Faram asked Mr. Stewart if he was the owner of
the property.
Mr. Stewart stated no, he represented the owner, YMCA
vIas the owner.
t1r. t1cEnti re stated î~r. Stewart had the property under
contract without any contingency clause.
t1r. Stewart stated Dr. Haggener was tryi ng to purchase
the property.
t1ayor Faram asked t1r. Stewart if the approval or disapproval
of this request had any bearing on the contract.
Mr. Stewart replied yes.
Mayor Faram asked Mr. Stewart if the request was not
approved would Dr. Waggener not pay for the property.
Mr. Stewart replied that was correct.
Councilman Brady asked î1r. Stewart if he were suggesting
that YMCA would have to institute a suit for specific
performance if the request was not granted.
Mr. Stewart replied yes. Mr. Stewart stated this problem
came about when he came to City Hall and along with one
of the employees, looked at the zoning map. This particular
piece of property had Local Retail printed on it, but the
oversight was an arrow pointing across the street to another
piece of property. Mr. Stewart stated it was his incorrect
assumption that this property was zoned correctly. Mr. Stewart
stated when he applied for a building permit it was denied
because the property was not zoned correctly.
Councilman Brady asked Mr. Stewart if the zoning were
approved, the contract would close and the Doctor would
become the owner.
Mr. Stewart replied that was correct.
December 8, 1980
Page 13
EXECUTIVE SESSION
BACK TO ORDER
CONSIDERATION OF
ORDINANCE FOR
PZ 80-42
ORDINANCE NO. 862
POSTPONED
December 8, 1980
Page 14
Councilman Brady asked Mr. Stewart if the zoning
were approved, would there be any other problems.
Mr. Stewart replied no. They had been ready to
close since August.
Mr. McEntire asked Mr. Stewart what was keeping the
property from closing from the standpoint of the-
contract itself if it was not contingent on the
zoning, was the Doctor just not going to come up
with the money.
Mr. Stewart stated the money was in escrow, but
the Doctor refused to release the money for closing
until the property was zoned correctly because he was
not going to give $59,000.00 for property he could
not use.
Mayor Faram asked Mr. Stewart if he felt a lawsuit
would be initiated from the YMCA for nonperformance
if the zoning was denied.
Mr. Stewart replied yes.
Mayor Faram stated that in light of the discussion
the Council would go back into executive session
with the City Attorney.
Mr. Stewart stated he had looked at another piece
of property and it had multi-zoning. They made
application for a building permit and could not get
one because it had two different zonings.
Mayor Faram asked when the contract was signed on
the property being requested to be rezoned.
Mr. Stewart replied the contract was signed August 4, 1980.
Mayor Faram asked if the contract was signed prior to
the lawsuit being filed.
Mr. Stewart stated he did not know when the lawsuit
was fil ed.
Mayor Faram asked Mr. Stewart if he was made aware of
the lawsuit.
Mr. Stewart stated he was made aware of the suit after
the contract was signed.
December 8, 1980
Page 15
Mayor Faram stated the Council would go back into
executive session with the Attorney.
Mayor Faram called the meeting back to order.
The same Council and Staff members were present
as recorded at the beginning of the meeting
with the exception of Councilman Thomas.
EXECUTIVE SESSION
BACK TO ORDER
Councilman Brady moved, seconded by Councilman Freeman,
to postpone action on PZ 80-42, Ordinance No. 862, until
some legal problems involving the property were resolved.
Motion carried 5-0.
19. Mayor Faram opened the public hearing and called for
anyone wishing to speak in favor of this request to
please come forward.
Mr. Ernest Hedgcoth, consulting engineer, appeared
before the Council representing Mr. Haws.
POBLIC HEARING -
PZ 80-43 - REQUEST OF
RUSSEL M. HAWS TO
REZONE TRACT 3B,
ABSTRACT 308, FROM
î1UL TI-FAMIL Y TO
LOCAL RETAIL
Mr. Hedgcoth stated Mr. Haws proposed to build a
two story office building on this property.
Mr. Hedgcoth stated the property was currently zoned
multi-family and he checked with Mrs. Calvert of
the Planning and Zoning Department and she
requested the zoning be changed to Local Retail
in order to facilitate this building.
Mr. Hedgcoth showed the Council a drawing of the
building.
Mr. Hedgcoth stated the Jo Beells restaurant was in
the southeast corner of the property which was 7.8 acres.
Mr. Haws purchased a 1.2 acre tract on the northeast
corner of the property.
Mayor Faram called for anyone wishing to speak in
opposition of this request to please come forward.
There being no one else wishing to speak, Mayor Faram
closed the public hearing.
20. Councilman Hubbard moved, seconded by Councilman Wood,
to approve PZ 80-43, Ordinance No. 863.
Motion carried 5-0.
CONSIDERATION OF
ORDINANCE FOR
PZ 80-43
ORDINANCE NO. 863
APPROVED
December 8, 1980
Page 16
21. Councilman Freeman moved, seconded by Councilman Wood,
to approve PS 80-55.
Motion carried 5-0.
PS 80-55, REQUEST
OF RUSSEL M. HAWS
FOR FINAL PLAT OF
LOT 2, BLOCK 5,
RICHLAND OAKS ADDN.
APPROVED
CONSIDERATION OF
Cm1PUTER SYSTH1
SPECIFICATIONS
APPROVED
22. Mayor faram advised the Council the Computer Committee
had met and recommended the specifications for bidding.
Councilman Hubbard moved, seconded by Councilman Wood,
to approve the specifications for the bid on the
computer system, subject to final approval by the Council.
Motion carried 5-0.
23. Mayor Faram stated there was a request to postpone this
item. It was not ready for consideration.
Councilman Brady moved, seconded by Councilman Wood,
to postpone action on this item.
CONSIDERATION OF
ORDINANCE FOR
POLICIES AND
PROCEDURES FOR
WATER AND SEWAGE
SYSTEM, PRESENTED
BY RICHARD ALBIN
AND ALLEN BRONSTAD
POSTPONED
CONSIDERATION OF
ORDINANCE AMENDING
ESTES CorHRACT
APPROVED
Motion carried 5-0.
24. Councilman Hubbard moved, seconded by Councilman Wood,
to approve Ordinance No. 864.
Councilman Hubbard stated he had looked over this ordinance
very carefully and had discussed it with four local haulers
in the area and they said it was the best ordinance they
had seen written for a city the size of North Richland Hills.
Motion to approve carried 5-0.
25. City Attorney t1cEntire stated this was a public hearing
in conjunction with a resolution that North Richland Hills
passed in January 1980, in which the boundaries within
Haltom City and North Richland Hills were changed.
Mr. t1cEntire stated that at that time t1r. Jerry Stevens
had come to North Richland Hills Council and Haltom City
Council in connection with building some property into
North Richland Hills which was developable.
PUBLIC HEARING -
ANNEXATION OF
PROPERTY (REVISION
OF BOUNDARY WITH
HALTm1 CITY)
t1r. î1cEntire stated that under the terms of the resolution
the city would give back to the development company
property that had been conveyed to North Richland Hills,
which would end up in Haltom City and this new boundary
line was established.
Mr. McEntire stated the city had 90 days in which to pass
the deannexation and annexation ordinance which would
change the boundaries.
Mayor Faram opened the public hearing and called for anyone
wishing to speak to please come forward.
There being no one wishing to speak, Mayor Faram closed
the public hearing.
26. Mr. Horvath stated this was an ongoing traffic survey and
the State Department of Office Traffic Safety needed the name
of a project director. Allen Bronstad would be the director.
Councilman Wood moved, seconded by Councilman Hubbard,
to approve Resolution No. 80-37.
Motion carried 5-0.
27. Councilman Hubbard moved, seconded by Councilman Freeman,
to approve Ordinance No. 865.
Motion carried 5-0.
~-- 28. Councilman Wood moved, seconded by Councilman Hubbard,
to approve Resolution No. 80-38.
Motion carried 5-0.
29. Mr. Albin stated HUD was going to fund up to $89,000.00 for
the Mackey Creek project and the total cost would be
$100,000.00. Mr. Albin stated Mr. Bronstad had informed
him the $11,000.00 that was needed could be taken from
Utility Fund Surplus.
Councilman Hubbard moved, seconded by Councilman Wood,
to approve $11,000.00 out of Utility Fund Surplus for
the Mackey Creek Project.
Motion carried 5-0.
30. Councilman Wood moved, seconded by Councilwoman Groves,
to approve payment to First Southwest Company in the
amount of $26,665.52.
Motion carried 5-0.
December 8, 1980
Page 17
CONSIDERATION OF
RESOLUTION FOR
TRAFFIC ENGINEERING
STUDY
APPROVED
RESOLUTION NO. 80-37
CONSIDERATION FOR
DISPOSITION OF STOLEN
ABANDONED FOUND
PROPERTY IN POSSE-
SSION OF POLICE
DEPARTMENT
APPROVED
ORDINANCE NO. 865
CONSIDERATION OF
RESOLUTION FOR
UNAUTHORIZED STREET
CUTS ON RUFE SNOW
APPROVED
RESOLUTION NO. 80-38
CONSIDERATION OF
PAYMENT TO FIRST
SOUTHWEST COMPANY
IN THE AMOUNT OF
$26,665.52 -
WATER AND SEWER BONDS
APPROVED
31. Councilman Brady moved, seconded by Councilman Hubbard,
to approve Resolution No. 80-39.
Motion carried 5-0.
32. Mayor Faram adjourned the meeting of December 8, 1980.
ATTEST:
December 8, 1980
Page 18
CONSIDERATION OF
~JITHDRAvJAL FROî1
SOCIAL SECURITY
PROGRAt~
APPROVED
RESOLUTION NO. 80-39
ADJOURNMENT