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HomeMy WebLinkAboutCC 1979-07-23 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, JULY 23, 1979 -7:30 P.M. 1. Mayor Faram called the meeting to order July 23, 1979, at 7:30 p.m. CALL TO ORDER 2. PRESENT: ROLL CALL Dick Faram Denver Mills Jim Wood Dave Freeman Jim Cato Lena Mae Reeder Mayor Councilmen Councilwoman STAFF: Tom Paul Ruth Pinner Richard Albin Jim Anderson r~a rgi e Nash Joann Williams Ci ty ~1anager Di rector' Fi nance City Engineer Director Public Works Member Planning & Zoning Commission Member Board of Adjustment ABSENT: John Michener Sid Cavanaugh Jeanette ~loore Councilman Counci lman City Secretary 3. The invocation was given by Mayor Faram. INVOCATION 4. Councilwoman Reeder moved, seconded by Councilman Freeman, to approve the minutes as written. Motion carried 4-0; Councilman Wood abstaining due to absence from the meeting. APPROVAL OF MINUTES OF THE JULY 9, 1979, REGULAR COUNCIL MEETING APPROVED 5. Mr. Delbert L. Campbe 11, 10 12 l'Jes t Mm'phy Road, Co 11 eyvi 11 e, appeared before the Council. Mr. Campbell stated the property he was requesting to be furnished water was at 8208 Precinct Line Road in the Hurst city limits. Mr. Campbell stated he planned on putting in a light manufacturing business and would employ five people. Mr. Campbell stated he would use approximately 100 gallons of water a day. CITIZENS REQUEST, DELBERT CAHPBELL CONCERNING A WATER TAP OUTSIDE CITY LIMITS APPROVED --- Mr. Campbell stated he planned to ask Colleyville to serve him water in the near future. Councilman Cato asked the distance to the nearest existing \'Jater l·ine. Mr. Campbell stated the water line was across the street on the west side of Precinct Line. Councilman Cato asked if North Richland ~ills would need permission from Colleyville to serve Mr. Campbell with water. ¡'1r. Paul stated he had a letter from the City r'lanager of Colleyville and it would be all right to serV0 Mr. Campbell with water. Councilman Mills asked Mr. Campbell what he would be using the \tJater' for. Mr. Campbell stated he would use it for drinking water and bathroom facilities. No water would be used in the shop. Councilman Mills asked Mr. Campbell what he could do as an alternative. Mr. Campbell stated it would be easier to get water from North Richland f·Hlls. Colleyville would have to run a temporary line across 800 feet of other peoples property. Councilman Mills asked which way would be the most expensive. t'jr'. Campbell stated it would be more expensive to run the line. Councilman Mills asked if Mr. Campbell would have to pay a tap fee. Mr. Anderson replied yes, the same tap fee as any resident. Councilman Hood stated this V^las a temporary measure and should the Council put a time limit for serving Mr. Campbell. r~ayor Fat'am stated he did not see problems v'lith serving Mr. Campbell water. Councilman Cato moved, seconded by Councilman r~ills, to approve the request of Mr. Delbert Campbell to tie on to the North Richland Hills water line. M:tion carried 5-0. 6. Mayor Faram opened the Public Hearing and called for anyone presE~lìt v,,-ishing to speak in favor of this request to please come forward. Mr. Ernest Adcock, Consulting Engineer, appeared before th2 Council. July 23, 1979 Page 2 PUBLIC HEARING, PZ 79-23, REQUEST OF WAYNE C. CUNN- INGH/\r~ TO REZONE LOT 9R, BLOCK 29, RICHLA~D TERRACE ADDITION FROM IF-9 ONE FN4ILY DWELLING TO 2F-9 TWO FAMILY m~ELLING July 23, 1979 Page 3 Mr. Adcock stated he would like to give the Council some background on this pY'operty. It \'/as part of the orginial request made last year for lots 3R, 4R, 5R, 6R and 7R, block 30 and lots lOR, l1R, 12R and 13R, block 28. All this property fronts on Loop 820. In October of 1978 the owner of these lots went to court to require the lots be changed to 2F-9 from IF-9 and ~1r. Cunningham chose not to be a party to the suit. The court ruì ed thi s 1¡1Oul d be damaging to the property requiring it to be a one family residence. Mr. Cunningham was asking that the one lot on the corner of Katen be zoned 2F-9. Mr. Cunningham owns lots 7R and 8R, he presently lives on lot 7R and he plans to keep the residential lot, 8R for his personal use. Mayor Faram called for anyone in opposition to this request-to please come forward. No one appeared in opposition. Mayor Faram closed the Public Hearing. 7. Mayor Faram stated the Planning and Zoning Commission recommended approval of this request. CONSIDEHf\TION OF ORDINANCE FOR PZ 79-23 APPROVED ORDINANCE NO. 766 Councilman Wood moved, seconded by Councilman Cato, to approve PZ 79-23, Ordinance No. 766. ~-------_..-- Motion carried 5-0. 8. Mayor Faram opened the Public Hearing and called for anyone wishing to speak for this request to please come forltlðtd. PUBLIC HE/\RH:G, PZ 79-24, REQUEST OF JAY KANTER TO REZONE TRACT 101, ABSTRACT 308 FROM PLANNED DEVELOPMEN TO MULTIPLE FAMILY fvJr. George Staples,.Attorney, 1615 Precinct Line Road, appeared before the Council representing Mr. Kanter. Mr. StJples stated there were two basic zoned Planned Development categories on this property. ~lr. Kanter m'ìnS the parcel of land that almost surrounds this part that is on Planned Development. The pJì~t that ~k. Kanter' \vðS concenled \'Jith is not the !TIed n pi'operty that fronts ai' backs up to the residential propcY'ty along the creek that runs under Harwood Road. Mr. Staples passed out maps showing the proposed multi-family zoning. ~k. Staples stated the property \'JaS already zoned multi-family-planned development. They just wanted to get the plann2d development designation off the property. July 23, 19/9 Page 4 Mr. Staples stated there was a drainage ditch that separated all of this property pl us all the property to the north. There was al so a 110 foot pi ece of property to the north that was already zoned multi-family. Mr. Staples stated density was the question. The nearest house to this property is approxmiately 100 feet. Mayor Faram advised Mr. Staples that he had a petition from the residents in the area and it would take 3/4 majority vote of the Council to approve this request and there was not 3/4 majority present. City Attorney McEntire stated the Charter required the petition be filed by noon on Thursday, it was filed one day late. Mr. D. S. Byrd, 8220 Dude Court, advised the Council it \'/as a misunderstanding on the homeowners part. They did not know it had to be filed by noon on Thursday. Mr. Staples stated their request was very simple. they simply wanted to be able to use the propey'ty. Mr. Staples stated they were not asking for a change in the use of the pr'operty because it was presently zoned multi-family. Councilman Wood stated he would like for Mr. Staples to clarify, based on the m~p the Council had, tract number four, if he was asking for the re-zoning of the Planned Development portion and only referring to what is labeled tract 4 and 6, leaving tract 5 and 3 under their present zoning. Mr. Staples replied yes, only 4 and 6. Councilman Mills asked Mr. Staples if he had checked with the City Attorney and he had advised him he could break the property that was zoned Planned Development into two pieces. Mr. Staples replied yes. Councilman Mills asked Mr. Staples if the Council approved this request and the lower three acres was changed to some other plan. would the full development of the entire property still include bungaloltf type development on the no foot strip of property. Mr. Staples stated they planned on using the 110 foot strip for landscaping and parking. Councilwoman Reeder asked if the buildings would be one or tvlO story. ~1r. Staples stated tha', on the three acre tract had been designated two story. Mayor Faram called for anyone wishing to speak against this request to please come forward. July 23, 1979 Page 5 Mr. Dwight Banks, 8320 Jerri Jo, appeared before the Council. Mr. Banks stated there was a letter sent to all property o\'mers \vHhin 200 feet of. thi s property. Mr. Banks stated from the picture presented there was the Byrd property, Gi bi son property" and Pari sh property which are on Jerri Jo and Dude Court that was within the 200 feet. Mr. Banks stated there were two petitions presented, one signed by property owners within two hundred feet and one beyond 200 feet but within reasonable distance. Mr. Banks stated more important was the poss i bi1 i ty of creating a flood problem. When concrete is put down and streets cut that water will run across Jerri Jo into a channel and the channel has not been cleaned out in quite sometime. Mr. Banks stated his house had been flooded before the channel was built, and if concrete and streets are put in it might flood again. Mr. Banks stated he felt the answer to the problem was not to have this revision in zoning until a better plan is presented. Mr. Banks stated he was against this zoning request. Councilman Cato asked Mr. Banks what his primary objection was; was it the apartment zoning, the location of the street or potential water problems. Mr. Banks stated he was against the flooding that could exist, the apartment coming in, cutting streets thru and adding new water to the flow into the channel. Mr. Banks stated he was also against the people that were going to live there and be up against the channel. Mr. Banks stated he was informed that a civil engineer approached Mrs. Byrd and stated the people that want to build did not have the money to build on the 3.8 acres plus the 110 foot strip so they were going to break the property up. Councilman Cato asked Mr. Banks if he was aware that the present zoning on the property was for apartments and theì'e was presently a street called for as the Planned Development zoning exist now. rLe 110 foot strip is zoned for one story multi-family or two fanri ly. Mr. Banks replied yes, but under Planned Development there was a plan that is logically approved. The way they want to do it now is piecewise. Councilman l-Jood asked Mr. Banks if he had seen the existing agreement that already exists. Mr. Banks replied he has seen the plan. July 23, 1979 Page 6 Councilman Wood stated he thought Mr. Banks wanted a clarification of what already exists. Councilman Wood asked Mr. Banks what he would have the developer do wHh the \'¡hole piece of property. Mr. Banks stated he would check to make sure that flooding would not occur and make sure the channel was kept clean. Mrs. D. S. Byrd, 8320 Little Dude Court, appeared before the Council. Mrs. Byrd asked how soon this request could be brought back before the Council if it was denied. City Attorney McEntire replied six months. Mrs. Byrd stated she would like to see the property left Planned Development. Mrs. Byrd stated it was her understanding that when she was here the last time on this property that it would all be done at one time or nothing. The Engineer representing Mr. Kanter came to her and said with the money situation the way it was, they would like to strip zone instead of doing all the property. Mrs. Byrd stated she would like to have a bumper zone. Mrs. Byrd stated there was a flood area there. Mrs. Byrd stated that all the residents on Strummer, Oakridge and Jerri Jo were against the new zoning request. Mrs. Byrd requested that Mr. Staples show the slides again so she could point out some of the areas in the photos. Mr. Staples showed the slides. Mrs. Byrd pointed out some areas that were very close to residents. t1rs. Byrd po·jnted out the drainage ditch and explained how the water flowed to the drainage ditch. Mayor Faram stated that two story buildings could be built now. That plat had already been approved. Mayor Faram asked Mrs. Byrd if she would object to changing to multiple family instead of Planned Development and would agree to a signing of a contractual agreement not changing to higher density and stay one story. Mrs. Byrd agreed. Mayor Faram declared a 10-minute recess i~ order to study RECESS the plats. Mayor Faram re-convened at 9:30 p.m., with the same Council Members BACK TO ORDER and Staff present as recorded at the beginning of the meeting. t:1rs. Byrd stated the t'1ùyor had expl ai ned some of the thi ngs to her and she understood it better now. Mrs. Byrd stated the important consideration was where they put the street. Mr. Josh Davis, 5109 Jennings appeared before the Council. Mr. Davis stated he understood that two story buildings were already approved for this property. Mr. Davis stated there was a big tract of land east of the strip for sale. Mayor Faram asked what the plans were for the property to the east. Mr. Davis stated the plan was to stop the street going through to the south and make the entrance to the apartments north from Harwood Road. Mr. Fenkey, 8303 Jerri Jo, appeared before the Council. Mr. Fenkey stated he was apprehensive about the re-routing of the street. He understood the property was zoned for multi-family buildings. Mayor Faram closed the Public Hearing. 9. Councilman Cato moved, seconded by Councilman Freeman, to approve PZ 79-24, Planned Development multi-family to multi-family contingent on approval of plat. Councilman Wood asked if this was approved based on present drainage facilities. Mr. Anderson stated the property drained into Walker Branch. Councilman Cato stated prior to the construction a plat will be submitted and would show the water hazard. The City Engineer would make sure it showed on the plat. Motion to approve carried 4-1; Councilmen Cato, Mills, Wood and Freeman voting for; Councilwoman Reeder against. 10. Mayor Faram opened the Public Hearing on PZ 78-5 and called for anyone wishing to speak in favor of this request to please come forward. Mr. John Barfield appeared before the Council. Mr. Barfield stated this request was a continuation from April 79. Mr. Barfield was requesting single family, I~OO square feet, IF-8 and the lots would be 70 feet wide by 120 feet deep. Mr. Barfield stated that if the request was denied, he would appreciate knowing the reason. Mr. Barfield stated he would like to know if it was because of the small houses or because the Council wanted to leave the land zoned industrial. Councilman l~ood asked if the property stayed industrial could the city depend on ~1r. Barfield to honor sites for Newman Drive. Mr. Barfield assured the Council he would honor sites for Newman Drive. July 23, 1979 Page 7 CONSIDERATION OF ORDINANCE FOR PZ 79-24 APPROVED ORDINAf~Ë NO. 766 CONTINUATION OF PUBLIC HEMUNG PZ 78-5, REQUEST OF JOHN BARFIELD TO REZONE TRACT 8, ABSTR1\CT 130, JOH:\i BARLOW SURVEY FROM INDUSTRIAL TO 1F-8 ONE FAMILY DWELLING POSTPONED FROM APRIL 23, 1979 CouncihlOllIan Reeder asked Mr. Barfield which zoning he preferred. Mr. Barfield replied he would prefer houses, but if the zoning was denied he would put up industrial structures on the property. Mayor Faram called for anyone wishing to speak in opposition to this request to please come forward. Mr. Charles Mangham, 6850 Cardinal Lane representing Mangham Airport appeared before the Council. Mr. Mangham stated he would like for the property to stay industrial. Mr. Don Echols, 5016 Nevada Trail appeared before the Council. Mr. Echols stated he wished to oppose the residential zoning. ~1r. Robert Montgomery, Fl i ght Instructor, appeared before the Council. Mr. Montgomery stated he felt zoning the property for residential would create unsafe conditions. Mayor Faram closed the Public Hearing. 11. Councilman Mills moved, seconded by Councilwoman Reeder, to deny PZ 78-5, Ordinance 768. Motion carried 5-0. 12. Mayor Faram stated 3/4 majoY'ity vote ~'Jould be needed for this request and 3/4 of the Council was not present. Councilman Mills moved, seconded by Councilwoman Reeder, to postpone action on this request until the August 13, 1979 meeting. Motion carried 5-0. Mayor Faram declared a recess. Mayor Faram called the meeting back to order The same Staff and Council members were present as recorded at the beginning of the meeting. 13. Postponed 14. fvjayot' Faram opened the Public Hearing on the use of Revenue Sharing Funds for the 1979-80 budget. City Manager Paul stated he recommended the funds to go toward building the new Fire Station. July 23, 1979 Page 8 CONSIDERATION OF ORDINANCE FOR PZ 78-5 DENIED ---- APPEAL HEARING PUBLIC HEARING PZ 79-22, R[QUEST OF ELMER ALLISON TO REZONE TRi\CT 3A, ABSTRACT 1150, FROM AGRICULTURE TO IF-9 ONE FArilIL Y DHELLING POSTPONED BACK TO OfWER CONS I DE HATI ON OF ORDINANCE FOR PZ 79-22 POSTPOf::~D --_..__._~-~--_._- PUBLIC HEARING ON THE USE OF REVENUE SHARING FUNDS FOR TIlE 1979--80 BUDGET July 23, 1979 Page 9 Mayor Faram called for anyone wishing to speak on this item to please come forward. No one appeared. . Councilwoman Reeder moved, seconded by Councilman Cato, to use the Revenue Sharing Funds for the Fire Station. Motion carried 5-0. 15. Councilman Freeman moved. seconded by Councilman Wood, to approve Ordinance No. 769 changing the names of certain streets. Motion carried 5-0. CONSIDERATION OF ORDINANCE TO CHANGE THE NAMES OF CERTAIN STREETS APPROVED 16. Councilman Freeman moved, seconded by Councilwoman Reeder, to approve the agreement for mutual aid in fire protection with area cities. Motion carried 5-0. CONSIDERAfION OF AGREEMENT FOR MUTUAL AID IN FIRE PROTEC- TION ~lITH AREA CITIES APPROVED 17. Councilman Mills moved, seconded by Councilman Freeman, to approve Resolution No. 79-18. Motion carried 5-0. CONSIDERATION OF RESOLUTION TO PART- ICIPATE IN THE TRAFFIC ENGINEERING SURVEY PROGRAM WITH THE OFFICE OF TRAFFI . SAFETY APPROVED RÈSoCITTrON NO. 79-18 18. Councilman Freeman moved, seconded by Councilwoman Reeder. to approve payment to Millican Well Service in the amount of $13,378.00. Motion carried 5-0. AUTHORIZATION OF PAY MILLICAN WELL SERVICE FOR EMERGENCY LABOR AND EQUIPMENT TO PULL PUMP AND INSTALL SPARE r~OTOR APPROVED 19. Councilman Freeman moved, seconded by Councilman Wood, to approve the bid of Northeast National Bank. Motion carried 5-0. AUTHORIZATION TO AWARD BID FOR CITY BANKING SERVICE APPROVED --------- 20. Councilman Freeman moved, seconded by Councilman vJood. to approve payment to Universal Tank & Iron Works, Inc., in the amount of $39,600.00. Motion carried 5-0. AUTHORIZATION TO PAY ESTIMATE NO. ONE (1) TO UNVlfRSAL TANK & IRON WORKS. INC., IN THE NiOUNT OF $39,600.00 FOR 2.0 ~ft,G ELEVATED STORAGE TANK ON BURSEY ROAD APPROVED ------- 21. Councilman Freeman moved, seconded by Councilwoman Reeder, to accept the bid of A. E. Shull in the amount of $350,455.80. Motion carried 5-0. 22. Councilman Mills moved, seconded by Councilman Wood, to accept the bid of Leonard Hazel in the amount of $86,150.94. Motion carried 5-0. 23. Councilman Freeman moved, seconded by Councilman Cato, to approve plans and specifications for bids on drainage improvements at Bursey Road and Valley Drive. Motion carried 4-1; Councilmen Cato, Freeman Mills and Councilwoman Reeder voting for; Councilman Wood against. 24. Councilman Freeman moved, seconded by Councilman Wood, to approve the bid of Circle "C" Construction Company, in the amount of $157,039.00, with bid time of 90 days. Motion carried 5-0. 25. Councilman Freeman moved, seconded by Councilman Wood, to approve the bid of James Perry in the amount of $18,656.00. Motion carried 4-1; Councilmen Mills, Freeman, Wood and Councilwoman Reeder voting for; Councilman Cato voting against. 26. Mayor Faram adjourned the meeting of July 23, 1979. ¿dd;~ lck Faram - Mayor ATTEST: July 23, 1979 Page 10 CONSIDERATION OF AWARDING OF BID FOR WATER DISTRIBUTION SYSTEM EXTENSIONS APPROVED AUTHORIZATION TO AWARD BID FOR MISCELLANEOUS WATER DISTRIBUTION SYSTEMS EXTENSIONS APPROVED APPROVAL OF PLANS AND SPECIFICATIONS TO GO OUT FOR BIDS ON DRAINAGE IMPROVE- MENTS AT BURSEY ROAD AND VALLEY DRIVE APPROVED APPROVAL OF BID AND AUTHORIZATION TO PARTICIPATE WITH TARRANT COUNTY IN BID FOSSIL CREEK SEVJER, PHASE II APPROVED CONSIDERATION AND AWARDING OF BID FOR SIDEWALK ON RUFESNOW DRIVE BETWEEN VICTORIA AND ROARING CREEK APPROVED ADJOURNMENT