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HomeMy WebLinkAboutCC 1979-06-18 Minutes MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, JUNE 18, 1979 - 7:30 P.M. 1. Mayor Faram called the meeting to order June 18, 1979, at 7:30 p.m. CALL TO ORDER 2. Present: Dick Faram Denver Mi 11s Jim Hood John Michener Jim Cato Dave Freeman Mayor ROLL CALL Counei 1 men STAFF PRESENT: Tom Paul Jeanette. t·100re Rex McEntire Richard Albin Jim Anderson Pat McLaurin City Manager City Secretary City Attorney City Engineer Director Public Works PBX Operator Board of Adjustment Member Planning & Zoning Member Jo Ann Williams Mrs. Margie Nash ABSENT: Lena Mae Reeder Sid Cavanaugh Councilwoman Councilman r 3. The invocation was given by Councilman Michener 4. Mayor Faram stated there was no motion on this item at the May 14, 1979, meeting on this item. Councilman Hood moved, seconded by Councilman Freeman, to approve Ordinance No. 755. Motion carried 5-0. INVOCATION APPROVAL ORDINANCE NO. 755 - VACATING HOLIDAY LANE (NO MOTION t1ADE AT THE MAY 14,1979, MEETING APPROVED PUBLIC HEARING FOR STOP N GO MARKETS TO REZONE LOT 1, BLOCK 1, NORTHLAND SHOPPING CENTER FROM LOCAL RETAIL TO LOCAL RETAIL - SPECIFIC USE - SALE OF BEER FOR OFF- PREMISE CONSUMPTION APPROVED ORDINANCE NO. 757 5. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak in favor of this item to please come forward. Mr. Ron Eagan representing Stop N Go Markets appeared before the Council. Mr. Eagan stated he was present in case the Council needed to ask questions. Mayor Faram called for anyone present wishing to speak in opposition of this request. There was no one present wishing to speak. Mayor Faram closed the Public Hearing. 6. Councilman Wood moved, seconded by Councilman Michener, to approve PZ 79-14, Ordinance No. 757. Motion carried 3-2; Councilmen Wood, Michener, and f Freeman voting for; Councilmen Mills and Cato against. 7. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak in favor of this request to please come forward. Mr. Delbert Stembridge representing Mr. Ayers appeared before the Counci 1 . J Mr. Stembridge stated that Mr. Ayers wanted to build a swimming pool. When Mr. Ayers came in fora permit he was advised he would have to go through the procedures of platting his property before a permit could be issued. Mr. Stembridge stated that Mr. Ayers would give the c1tv a five foot easement in his front yard and sign a covenant for his prQ rata share of the street. Mayor Faram called for anyone present wishing to speak in opposition to please come forward. No one appeared to speak. Mayor Faram closed the Public Hearing. 8. Councilman Mills moved, seconded by Councilman Michener, to approve PZ 79-15, Ordinance No. 758. Councilman Wood asked the City Engineer if he had reviewed the plans on this case, and was there any drainage or other problems associated with the plat. Mr. Albin stated he had not reviewed the plat but Mr. Perkins had and Mr. Anderson had reviewed the plat and agrees everything was ok. Mr. Anderson stated this was a small tract of land and because the Hindcrest Addition was close by and convenieY'!t, the lot and block number was used off of Windcrest. Mr. Anderson stated he did acquire a five foot easement across the front of the property and a covenant for pro rata share of the street. All conditions pertaining to this case are satisfied. Councilman Cato asked why Mr. Ayers went with IF-9 zoning and not 1F-12. Mr. Anderson stated because Windcrest was IF-9 and was the most convient. Councilman Mills stated he wanted t~ change his motion to state, "contingent on the signing of a covenant for pro rata for the street and provide a five foot easement". Councilman Michener seconded the motion. June 18, 1979 Page 2 CONSIDERATION OF ORDINANCE FOR PZ 79-14 APPROVED ORDINANCE NO. 757 PUBLIC HEARING FOR PZ 79-15, REQUEST OF FRANK AYERS, JR., TO REZONE TRACT 2C1, ABSTRACT 311, FROt1 AGRICULTURE TO 1F-9 ONE FAMILY DWELLING CONSIDERATION OF ORDINANCE FOR PZ 79-15 APPROVED ORDINANCE NO. 758 ." 9. Councilman Wood moved", seconded by Couneilman Mills,- to approve PS 79-32. Motion carried 5-0. 10. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak in favor of this request to please come forward. Mr. Marvin Smith, owner of the prûperty appeared before the Council. Mr. Smith stated he was rezoning his property at the recommendation of the Council. I J Mr. Anderson stated that Mr. Smith had recently rezoned some property in adjoining the property in question and the Council asked him to rezone this tract industrial because of it being next to the railroad. Counci 1 man Mi 11 s asked if all the tracts were approved previ OU$ 1y. Mr. Smith replied yes. Mayor Faram asked what the legal description would be on the property. Mr. Doug Long, Engineer, appeared before the Council. Mr. Long stated it would be Tracts 13 A and 13 B until recorded. Mr. Long stated you would not go by what was on the plat describing the property. The legal description would be described in the mets and bounds in the ordinance. Mayor Faram called for anyone present wishing to speak in opposition of this request to please come forward. No one ~~peared to speak. Mayor Far.am closed the Public Hearing. 11. Councilman Mills moved, seconded by Councilman Hood, to approve PZ 79-16, Ordinance No. 759. T Councilman Cato asked how many notices were sent on this property. City Attorney McEntire stated eight notices were sent. Councilman Freeman a~ked if this was a final plat. Mr. Anderson stated this was a request for zoning only, The"plat would have to be approved before anything could be built. Motion carried 5-0. June 18, 1979 Page 3 PS 79-32, REQUEST OF FRANK AYERS FOR FINAL PLAT OF LOT 58 BLOCK 8, WINDCREST ADDITION APPROVED PUBLIC HEARING FOR PZ 79-16, REQUEST OF MARVIN SMITH TO REZONE TRACTS 13A & 138, ABSTRACT 130 FROM COMMERCIAL TO INDUSTRIAL CONSIDERATION OF ORDINANCE FOR PZ 79-16 APPROVED ORDINANCE NO. 759 June 18, 1979 Page 4 Motion carried 5·0. ! 12. r·1ayor Faram opened the Public Hearing and called for anyone present wishing to speak in favor of this request to please come forward. Mr. Jessie Johnson, 6413 Smithfield Road, owner of the property appeared before the Council. Mr. Johnson stated he was the owner of the house that was in front of lots 4 & 5. Mr. Johnson stated he had talked with Mr. Marvin Smith and decided to rezone his property Industrial instead of Commereial. This property is located on the south side of the railroad adjoining Mr. Smith's property. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. Mr. K. D. Bell, 7829 Arthur Street, appeared before the Council. PUBLIC HEARING FOR PZ 79-17, REQUEST OF JESSIE JOHNSON TO REZONE LOTS 4 & 5 BLOCK 3, MEACHMAN ADDITION FROM IF-9, TO INDUSTRIAL Mr. Bell stated he did not know if he was opposed or not. He only wanted to ask some questions. Mr. Bell asked if the City had any means of controlling the noise that might arise with the industrial zoning~ especially at a late hour. City Attorney McEntire stated the city had various ordinances T to control any noise complaints. Councilman Freeman asked if there were any houses built all around the area. Mr. Bell replied yes, not on the railroad side, but there were several houses adjacent to the property. City Attorney McEntire read from the Zoning Ordinance what businesses would be allowed in Industrial zoning. Mr. Bell stated there was already some auto repair being done on the property at the present time and that was why he asked about the noise restrictions. J City Attorney McEntire read the regulation use schedule from the Zoning Ordinance. Mr. McEntire stated the city did not have any provisions for heavy industrial zoning at the present time. Mr. Bell stated if the noise became a problem he would file a complaint. Mr. McEntire stated 'the city had an ordinance setting the time on noise distrubance. He stated it had to cease at 10:00 p.m., or"11:00 p.m. Mayor Faram asked Mr. Bell where he lived in conjunction with this property. June 18, 1979 Page 5 Mr. Bell stated he lived between Arthur Street and the property in question. Mayor Faram asked Mr. Bell if he foresaw the property in the area as staying a residential. Mr. Bell replied he felt it would stay residential in the near future. Mayor Faram stated it was the Council's desire to try and keep the property Industrial along th~ railròad because the city was limited on industrial property. Therefore, the Council had requested that Mr. Smith rezone his property industrial instead of commercial. Councilman Cato read the following from the Zoning Ordinance pertaining to industrial zoning: "Any use which due to the possible emission of excess of smoke, noise, gas, fumes, dust, odor, or vibration or danger of explosive or fire is presently or in the future is determined a hazard and subject to special control". Councilman Cato stated there was a zoning control over the noise. Councilman Cato asked who would determine the hazard and who would enforce it. Mr. McEntire stated the cityèould file an injunction. Mr. Bell stated as long as there was no noise after 10:00 p.m., everything would be all right. Mr. Bell stated his next question was on the drainage on Guy Street. Mr. Bell stated Guy Street dead-ended atthe.prppery in question and the water drains towards the west. He would like to be assured there would be no drainage problems. Councilman Freeman stated there appeared to be an easement there at this time. Mr. Anderson stated there was no easement. Mr. Anderson stated an interesting note was that Guy Street was shown on the map but has never been built. Action taken by the Planning and Zoning Commission for all particular purposes, turned Guy Street into a private driveway. Mr. Anderson stated he was checking into the possibility of closing and abandoning Guy Street. Councilman Cato asked if this property had been platted before. Mr. Anderson stated it had been platted as shown on the map. Councilman Cato stated that since it was being rezoned or if the zoning is approved, would an·other plat be required before they could construct an industrial use. in June 18, 1979 Page 6 . Mr. Anderson stated he had recommended such to Mr. Jòhnson to make greater "use of his property. Mr. Anderson stated there were two separate lots, but for practical purposes operate as one lot. Mr. Anderson stated he explained to Mr. Johnson that if he chose to build on the lots he would be limit~d on side and front yard requirements. Councilman Cato stated the drainage was what he had in mind. Mr. Anderson stated he had looked at the property and did not specifically recall any particular ?rainage problem. Mr. Bell stated he did not think there was a drainage problem at this time. Mr. Anderson stated by closing and abandoning Gl~ Street it would be Mr. Johnson's problem to provide drainage to keep it off Mr. Bellis property. It will be recommended that Mr. Johnson replat. Councilman Mills stated he could not see how Mr. Johnson could use the property if Guy Street'"was closed and abandoned. Guy Street is the only entrance to the property. Mr. Anderson stated Guy Street was the only entrance, but what he would do is close and abandon Guy Street and sell it to Mr. Johnson. Mayor Faram asked if when Mr. Johnson platted could he divert any drainage onto Mr. Bell's property. Mr. Anderson stated that as long as Mr. Johnson did not change the natural drainage flow course that currently exist the city wont require anything. If he should consentrate the water the city would look very closely at what this was doing to adjoining neighbors. If the city thought it was creating a problem, the platting would not be approved. Mr. Bell asked if the neighbors would have any input on the decision of approving the plat. Mr. Anderson stated the City Engineer and City Staff would handle the platting. Mr. Bell asked if he could have a transcript of the proceedings at this Council meeting and the Planning and Zoning Commission. Mayor Faram stated he would have the City Manager send him a copy. Mr. Jessie Johnson re-appeared before the Council. Mr. Johnson stated he thought what Mr. Bell wanted to know about was limit for the noise and also the drainage plans. Mr. Johnson stated he had talked with the railroad people about cutting the top of his property ánd hauling more dirt in and doze it off. There has already been about 60 loads of fill hauled in. Mr. Johnson stated he wanted to take the water down to the end of the line and drain it back into the railroad ditch. June 18, 1979 Page 7 Mayor Faram asked Mr. Johnson what he intended to build on the property. Mr. Johnson stated he planned to put a shop and commercial buildings similar to Mr. Smith's. Mr. Johnson stated that it was necessary that he work on his trucks from time to time and he tried to keep the noise down because of the neighbors and he also lived at the front of these lots. Councilman Wood asked Mr. Anderson if he had seen the change in the area and did he agree there was no possible drainage problem. Mr. Anderson stated he had not seen the property since the fill had been hauled in. Mr. Anderson stated it was his understanding the fill was to direct the water towards the railroad. Mr. Anderson stated as he recalled the drainage on Arthur was north to south so it was unlikely that any build-up of lots 4 & 5 would present any impel lent of flow. " Councilman Wood stated he was concerned because the city did not have plat control over this property and without plat approval with the City Engineer's re-evaluation of the change of the dirt, just how liable the city would be. Mr. Anderson stated he had recommended to Mr. Johnson that to make the best use of the property he needed to re-plat. Councilman Mills asked Mr. Johnson if he would be working around the clock in his shop. Mr. Johnson replied the shop would not be a business from time to time his trucks broke down and he would use the shop to repair them. Councilman Michener asked Mr. Johnson if he had had any complaints in ,the way he had been operating in the past. Mr. Johnson replied he had not had any complaints in recent months. Councilman Mills asked if anyone besides Mr. Bell was notified of the re-zoning of this property. Mr. McEntire replied "Eight people were sent letters". Mayor Faram called for anyone present wishing to speak in opposition of this request to please come forward. No one appeared. Mayor Faram closed the Public Hearing. ~ l 13. Councilman Michener moved, seconded by Councilman Mills, to approve PZ 79-17, Ordinance No. 760. Councilman Freeman asked if the area was prominently residential. Mr. Anderson stated that in his opinion the best description of the neighborhood was a neighborhood currently in transition. There is a Lumber Yard across the street, a Fence Company on the east side of the street. Mr. Smith who appeared earlier is north of the railroad and is going to be industrial. The area Arthur Street is definitely residential and there are a couple of houses. Councilman Freeman asked if this was the only property in the neighborhood of this nature. Mr. Anderson stated that right across the street was Mr. Smith's property. Mr. Anderson stated he did not think that every single lot on Arthur was occupied. Mr. Bell stated that on his side of the street every other lot had a house on it. He felt it was 60% residential. Mayor Faram asked Mr. Bell if he was opposed to the re-zoning of this property. Mr. Bell stated if the noise was no worse that it was now and have no problems with the water drainage then he was not opposed. Motion to approve carried 4-1; Councilman Wood, Mills, Cato and Michener voting for; Councilman Freeman against. 14. Mayor Faram opened the Public Hearing and called for anyone wishing to speak in favor of this case to please come forward. Mr. Delbert Stembridge, 5213 Cloyce Court, Engineer, appeared before the Council representing Mr. Jack Roseberry. Mr. Stembridge stated this was a small tract of land, less than one-half acre on Smithfield Road. Mr. Stembridge stated Mr. Roseberry was considering building a brick office type building on the property. Mr. Stembridge stated he felt this would be good for the area, there was already some commercial property in the area and he did not think this would distract or hurt the area. Councilman Cato asked why Mr. Roseberry wanted commereial zoning instead of Local Retail. Mr. Stembridge stated·that if the building was rented to an electrical contractor Commercial would allow you to park vehicles on the parking lot and Local Retail would not. Councilman Cato asked what Local Retail property was located north of the property in question. June 18, 1979 Page 8 CONSIDERATION OF ORDINANCE FOR PZ 79-17 APPROVED ORDINANCE NO. 760 PUBLIC HEARING FOR PZ 79-18, REQUEST OF JACK E. ROSEBERRY AND LEE BONHAM TO REZONE TRACT 2F, ABSTRACT 1040, FROM AGRICULTURE TO COM~1ERCIAL June 18, 1979 Page 9 Mr. Stembridge stated immediately north was residential. Councilman Cato stated the area was primarily residential and had a lot of agriculture unplatted land immediately around it. Councilman Cato stated he was hesitant to establish the whole street in that area as Commercial. There was a small commercial lot south of the property in question. Mr. Jack Roseberry, 7704 Bogart, appeared before the Council. Mr. Roseberry stated that if the Council was familiar with the area, they were familiar with the structure of the three little houses right adjacent to the south of this property and the fact they were boarded up. Mr. Roseberry stated he could not use the property as residential because he could not get a loan on any thing there. Mr. Roseberry stated there was no use for Local Retail, he presently had two pieces of property zoned Local Retail that he could not develop. Mr. Roseberry stated that in previous times in coming tn for zoning what should have been Commercial was rrore eas fly zoned Local Retail, which it was.' Consequently, he had property he could not use Because there was a distinct difference in the two types of zoning. Mr. Roseberry stated he owned the property to the west and it was zoned Local Retail, it has been sitting for sometime because there was no use for Local Retat property. t1r. Roseberrv stated he had tal ked to the neiqhbors and thev had no objection to Local Retail Zoninq. Mavor Faram called for anyone presentwishinq to speak in opposition to r~ thi s request to pl ease come forward. No one appeared~ Mayor Faram closed. the Public Hearinq. 15. Councilman Freeman moved~ seconded þy Councilmpn Wood to approve PZ 79-l8~ Ordinance No. 761. ·Councilman Cato asked how many notices had been ·sent.: Mr. ,McEntire replied 10. Motion carried 5-0. CONSIDERATION OF ORDINANCE FOR PZ 79- 18 APPROVED O~DINANCE NO. 761 CITIZEN PRESENTA- TION - ~1R. riARK POTTER, GREENVALLEY EAS EMENT 16. Mr. Mark Potter, with United Financàl, owner'and developer of Kingswood Estates, appeared before the Couneil. Mr. Potter advised the Council he was here tonight to talk about his negotiations with Mr. Bill Hilscher and property owners in the area where he had tried to obtain. easements to run a sewer line to serve Kingswood Estates development. Mr, Potter stated that in January, 1979, he re-platted the subdivision which was Phase II. The first phase had 49 lots to be served by the existing sewer line and the balance of the subdivision was to be served by a sewer line run to TRA on the other side of 'Greenvalley. Mr. 'Potter stated he had met with Mrs. McClure and she was hesitant to comit until Mr. Hilscher did. Mr. Potter stated he was asking the City to condemn the land for the sewer line. June 18, 1979 Page 10 Mayor Faram asked who owned the property. Mr. Potter stated Mrs. McClure had sold Green Valley to Mr. Hilscher. Mrs. McClure still owns about 100 acres adjacent to Green Valley. Mayor Faram asked if they would bore under the race track. Mr. Potter replied yes, the specifications for the culvert would be the same as required by the Highway Department. Mr. Doug Long, Engineer, appeared before the Council. Mr. Long stated they had worked with the former City Engineer and had worked out an alternate. The line could go north, but it would still be on Green Valley. The Engineer at that time did not want to use the alternate, he wanted to go through Green Valley. Mr. Long stated they had been negotiating for three months and had been led to believe they could get the easement. Mr. Long stated the only comment the City Engineer has is to update the line to 12 inches. Mayor Faram asked what Mrs. McClure had to do with the easement if Mr. Hilscher owned the race track. Mr. Long replied Mrs. McClure was owner of the land between the race track and Smithfield Road. _ J Mayor Faram asked the City Engineer if he approved the routing and the only change he recommended was the 12 inch pipe. Mr. Albin replied that was correct. Mayor Faram asked Mr. Long if he wanted the City to condemn, who would pay the cost for condemnation. Mr. Long stated the developer would meet any money obligations. Councilman Wood asked if there was no other way to get to TRA except through Green Valley or Mrs. McClures property. Mr. Long stated it could be taken around the north end, but the City Engineer did not advise this route. Councilman Mills asked if there was any advantage to offer Mrs. McClure and Mr. Hilscher. Mr. Long stated the developer would be happy to pay their pro rata share for tieing on to the sewer line. The developer has offered to tie them into the line. Councilman Mills asked if the City would be liable for damages if condemnation was started. City Attorney McEntire stated the City would not be liable. The City could always back out of the proceedings. June 18, 1979 Page 11 Mayor Faram advised the Council that Mr. Long and Mr. Potter Were asking the city to condemn the land at their expense. Councilman Cato asked if the city would be setting a precendent Mr. McEntire stated he did not feel the city would be setting a precendent. Councilman Cato asked who would pay for the condemnation proceedings. Mr. McEntire replied the developer would pay. Councilman Freeman asked if the City Manager had been in contact with t1rs. r~cCl ure or Mr. He 1 scher. Mr. Paul stated he did not feel he should get involved. I After considerable discussion, Councilman Michener moved, seconded by Councilman Cato, for Mr. Long and Mr. Potter to get with the City Engineer and work-out an alternate route and bring back a recommendation for the City Engineer, that would be appropriate to proceed with condemnation or go an alternate route. Motion carried 3-2; Councilmen Michener, Cato and Freeman voting for; Councilmen Mills and Wood against. Mayor Faram asked Mr. Long how soon he could come back. Mr. Long replied about 2 weeks. Mayor Faram stated it could be heard by the Council the first meeting in July. Councilman Freeman asked if it would be in order for the City Manager to meet with Mrs. McClure and Mr. Hilscher and negotiate a settlement. Mayor Faram stated he did not think the City Manager could negotiate for the proposed purchaser. Councilman Freeman stated he did not mean negotiate for the property, but reach a base äs to whät theý might negotiate. 17. Councilman Cato moved, seconded by Councilman Wood, to approve the Deputy Court job specifications for Council reference only and delete the 0.14 classification because the Deputy Court Clerk is not under Civil Service. Motion carried 5-0. APPROVAL OF JOB CLASSI·FICATION FOR DEPUTY COURT CLERK APPROVED 18. Councilman Cato asked what the budgeted figure was for this project. Councilman Cato asked the City Engineer if he had looked at all the potential bids and were they accurate. ' T Mr; Albin replied he had looked at all the bids. There were four bids and the low bidder was Atkins Brothers Equipment Company, Inc. Mr. Albin stated he did not know what the budgeted amount was. CONSIDERATION OF AWARDING CONTRACT FOR MISCELLANEOUS UTILITY ADJUSTMENTS ON DAVIS BLVD. APPROVED Mr. Anderson stated Mr. Bronstad had stated the orginial cost was $134,000. Mayor Faram asked Mr. Albin if this was the latest estimate that he had. Mr. Albin replied yes. Councilman Cato asked the City Manager if the $134,000.00 had been earmarked for this project. City Manager Paul replied the Finance Director had set aside the money for this project. Councilman Cato asked if the money was already committed in the Utility surplus budget. City Manager Paul replied yes. Councilman Cato asked the City Manager if he would see that, if thjs was passed, that the figure shows up in the next monthly report. Mr. Paul replied he would see to it. Councilman Freeman moved, seconded by Councilman Michener, to award the contract to Atkins Brothers Equipment Company in the amount of $128,470.04 with 150 calendar days for completion. Motion carried 5-0. 19. Counci 1 man Freeman moved, seconded by Counqi:l man Wood, to approve change order #1 to Universal Tank & Iron Works not to exclude $1,170. Councilman Mills asked if the motion included the extended time of 30 days; the change order asked for 30 days. Councilman Mills stated he could not see why an $1,170.00 item would take 30 days. Councilman Mills stated if the Council ~greed on the change order the 30 days should be denied because it might put the city in a time plane,and the city is getting dangerously close to the time and the city would not have the water tower. Mayor Faram asked why they needed more time. Mr. Albin replied more time may be required for shipment. Mayor Faram stated they had 420 days to begin with. Mr. Albin replied yes. Mayor Faram asked how long it had been since the contract was awa rded. , Mr. Albin stated that adding the 30 days would give a completion date of April 28, 1980. June 18, 1979 Page I?, CONSIDERATION OF CHANGE ORDER FOR 2.0 M.G. ELEVATED STOR- AGE TANK APPROVED Councilman Mills stated the contract was awarded in October of 1978. Mayor Faram asked how much it would cost if the 30 days was added 1 ater. Mr. Albin stated he would have to guess. Mayor Faraffi stated he could forsee a problem in 1980 that the city did not need. The City might be in a position to sacrifice the automatic lift control and do it later. Mr. Albin stated the lift was a very important item. Mayor Faram stated he would recommend to the Council to approve the change order and add an amendment to the motion to leave off the 30 days. Councilman Mills movedt seconded by Councilman Michener, to amend the motion to exclude the 30 days. Amended motion carried 5-0. Mayor Faram called for a vote on the orginial motion as amended. Orginial motion as amended carried 5-0. 20. Mr. Anderson stated that Councilman Cavanaugh had asked for this Resolution. The history on this is that the church came in and requested a building permit for a maintenance building. Following normal procedure the plat was checked to see if it had ever been platted. A Council Policy requires that the property be platted. There was no record found that indicated the property had ever been platted. The church has done a lot of construction over the years and some of it not long ago. Mr. Anderson stated he did not know how this was done without someone checking on the platting. In accordance with the Policy a building permit was declined. Mr. Anderson stated the church had frontage on Glenview and in his estimation that probably any project the church came up with would not be approved with the dedication of a 15 foot easement on Glenview. Mayor Faram asked if the easement included the church and the school. Mr. Anderson replied yes. Mayor Faram asked if the church platted the property what what the cost be. Mr. Anderson stated i~ would be pretty expensive. Mayor Faram asked if it would be staying with the Policy to trade the platting for the right-of-way. Councilman Freeman stated the church could do the platting and the city reimburse them. June 18, 1979 Page 13 CONSIDERATION OF OF RESOLUTION CONCERNING ST. JOHN APOSTLE CHURCH APPROVED RESOLUTION 79-13 Councilman Wood asked if the city would be setting a precedent. Mayor Faram stated he did not feel the city would be setting a precedent. Councilman Michener moved to approve Resolution 79-13, with the modification that the church go ahead and have the property platted and the city reimburse them for expense. Mr. Anderson stated he felt some type of limitation should be put on the cost. The property needed to be checked for mechanic liens. Councilman Michener asked if the property could be checked for any mechanic liens. Mr. Anderson replied a title search could be made. Councilman Freeman asked how long it would take to check for liens. City Manager Paul stated he would have the property checked Tuesday morning. Mayor Faram stated the cost figure would be left at Mr. Anderson's disposal. Mayor Faram recognized Mr. Johnson representing the church. Mr. Johnson advised the Council the Church had already started the platting procedures. Mayor Faram asked if the property was platted with the 15 foot easement. Mr. Johnson stated there had been no mention of the 15 foot easement. They would be glad to negotiate for the right-of-way. Mayor Faram asked Mr. Johnson if he knew the Resolution had been written. Mr. Johnson replied Mr. Anderson had written the Resolution on Councilman Cavanaugh's advise. Mayor Faram stated the city would need the right-of-way. Mr. Johnson stated the right-of-way could be worked out. Mr. Anderson stated he had asked for 15 feet because 15 feet was taken from the hospital. Mayor Faram stated he felt the Couneil should let the church go ahead and bui 1 d. ' Council Freeman stated the building permit could be issued subject to platting the property. June 18, 1979 Page 14 After further discussion, Councilman Michener withdrew his motion. Councilman Cato moved, seconded by Councilman Wood, to approve Resolution 79-13 with the deletion of item 2, deliverance of dedication deed. 21. Mr. Anderson stated this question came up in the process of reviewing streets and conducting an informal inventory of the bond money remaining. Mr. Anderson said he discovered at that time that substantial money from the operating budget had been spent on bond program streets. Mr. Anderson stated about $112,000.00 had been spent from the operating budget on bond streets. Some of the streets were overlayed by the city and are holding up extremely well. Mr. Anderson stated that since the money was spent out of the operating budget on bond streets that the bond fund reimburse the operating fund or at least a percentage of the money that was spent. Councilman Michener moved, seconded by Councilman Mills, to deny Resolution No. 79-14. Councilman Cato stated he was greatly concerned over the Booth-Calloway bridge and the money that is currently in the bond program, first priority should be Booth-Calloway Road. Mr. Anderson stated that a meeting had been held with Commissioner Lyn Gregory, and Mr. Gregory had advised that the calculations had been made on Booth-Calloway and it was going to be expensive. We advised Mr. Gregory we had run calculations and knew it was going to be expensive. Mr. Paul made it clear at the time the city was prepared to spend the money on Booth-Calloway. There was some question in the discussion with Mr. Gregory as how much money needed to be expended and whether or not it would be a good idea to put more drainage in on Booth-Calloway that is going to exist on Glenview. There was no point in putting a huge drainage there when you could just move the drainage problem down stream. Mr. Anderson stated if the city settled for a bridge, the road structure has to be elevated and with what the County is going to do, a rough calculation of the city's cost would be between $200,000.00 and $275,000.00. The County would do the channel grading and road elevation, and the city would do the overlay. Mr. Anderson stated to do Booth-Calloway would cost approximately $200,000. Councilman Cato asked if the figure is in addition to the bridge. Mr. Anderson stated no. It was money that would have to be mentally deducted for the Booth-Calloway problem. June 18, 1979 Page 15 CONSIDERATION OF RESOLUTION CONCER- NING TRANSFERRING OF MONIES FROM BOND BUDGET TO OPERATING BUDGET DENIED RESOLUTION NO.79-l4 June 18, 1979 Page 16 Mr. Anderson stated Mr. Albin had run some figures on Booth-Calloway recently. Mr. Albin stated he was not aware of the conversation witb Lyn Gregory and did not know what kind of a structure was going to be put on Booth-Calloway. Mr. Albin stated he had looked at some of the other structures in the area and came up with one that would accomadate Booth-Calloway. Mr. Albin stated he came up with roughly $80,000.00. Mr. Albin stated there were some cost figures he did not account for. Mr. Albin stated $200,000.00 sounded high to him. Councilman Cato asked Mr. Albin if he had a feel for the cost of the street and curb. Mr. Anderson stated about $60,000. Councilman Cato asked if the County was going to do the base to city requirements. Mr. Anderson stated yes. Councilman Cato stated the price seemed low to him. Mr. Anderson stated he was considering net cost to the city. Mr. Paul stated the reason the figure of $300,000.00 was used because we really do not know the cost of the bridge. Mr. Paul stated that money had been set aside to complete that project because the Council watned to do Booth-Calloway as the next project. Mr. Paul stated that when the street was torn up it would be a year before it was finished. Councilman Cato stated comparing this bridge to the one on Onyx Drive $200,000.00 does not sound like to much. Councilman Michener stated he thought Mr. Anderson had a good idea on transferring the money and an idea he should pursue. Councilman Michener stated he would like to have more background information. Mayor Faram asked if the Council would like to postpone this item until the second meeting in July. Councilman Michener stated if it was denied now Mr. Anderson could bring it back later. Mr. Anderson asked what exactly did the Council want. Mayor Faram stated he felt what the Council wanted was a cost estimate per foot and how many feet of streets have been done. Councilman Wood stated there were three things he would like to know about; one, how much money was left for Booth-Calloway Road; two he would like to discuss Bursey Road some more, and the amount of where this budget money was used for bond money. Councilman Mills stated instead of Mr. Anderson coming back with a list of proposals, he should bring a list of priority items. Mayor Faram stated that he thought that at one time money was borrowed from the CIP Fund and put into the UtiTity Fund to replace old water lines. Mayor Faram advised Mr. Anderson to check this' out and see if the money had already been paid back to the CIP Fund. Mr. Anderson stated he would check and see if it had been paid back. Motion to deny carried 5-0. 22. Mr. R. l. Fain, Texas Electric Representative, appeared before the Council. Mr. Fain stated he was present to answer any questions the Council might have. Councilman Cato asked Mr. Paul what alternatives the Council had on this request. Mr. Paul stated the Council could postpone action. City Attorney McEntire read the following resolution: "BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. The schedule of rates filed by Texas Electric Service Company upon the City of North Richland Hi11s on May 18, 1979, with a rate effective date of June 21, 1979, be and is hereby suspended for 120 days from June 20, 1979. . j" June 18, 1979 Page 17. CONSIDERATION OF TEXAS ELECTRIC RATE INCREASE REQUEST DENIED RESOLUTION NO. 79-15 2. The Council finds that such additional time is needed to study proposed increase in rates and that Texas Electric Service Company has been 9iven notice of this proposed action and that it has a representatlve in attendance at this,time of passage. PASSED AND APPROVED this 18th day of June, 1979. Councilman Cato asked if the same people would represent the city as last time. City Attorney McEntire replied yes. Councilman Mills moved, seconded by Councilman Wood, to deny Resolution No. 79-15. Motion carried 5-0. 23. Mayor Faram adjourned the meeting of June 18, 1979. G(a'~~ ~~ lCR: aram - Mayor T J ADJOURNMENT