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HomeMy WebLinkAboutCC 1979-11-12 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, NOVEMBER 12, 1979 - 7:00 P.M. 1. Mayor Faram called the meeting to order November 12, 1979, at 7:00 P.M. CALL TO ORDER 2. Present: Dick Faram Jim Wood Denver Mills John Michener Sid Cavanaugh Dave Freeman Jim Cato Lena Mae Reeder ["ayor ROLL CALL Council men Councilwoman STAFF: Tom Paul Jeanette Moore Allen Bronstad Jim Anderson Richard Albin Dennis Horvath Marjori e Nash Jo Ann ~Ji 11 i ams City Manager City Secreta ry Director Utilities Director Public Works City Engineer Director Parks & Recreation Planning & Zoning Member Board of Adjustment Member ABSENT: Rex McEntire City Attorney Mayor Faram stated for the benefit of the people who had agenda's the appointment of the Parks and Recreation would be moved do\'m on the agenda until the fo:':r.~l part of the agenda was taken care of. Mayor Faram stated if there were no objections the appointments would be item 6a. 3. The invocation was given by Councilman Michener. 4. Councilman Michener moved, seconded by Councilman Mills, to approve the minutes of the October 8, 1979, regular meeting. Councilman Wood stated a correction needed to be made on page 4, 7th paragraph, the word you added; page 9, 16th sentence, the word complete; page 24, 5th paragraph, intend. APPROVAL Of" MINUTES OF TW- OCTOBER 8, 1975 APPROVED liS CORRECTED Motion to approve as corrected carried 5-0; Councilmen Freeman and Cavanaugh abstaining due to absence from the meeting. 5. Councilwoman Reeder moved, seconded by Councilman Wood, to approve the minutes of the October 22, 1979, regular meeting. Motion to approve carried 4-0; Councilmen Cato, Freeman and Michener abstaining due to absence from the meeting. APPROVAL OF MINUTES OF THE OCTOBER 22, 1979~ MEETING APPROVED ~'- 6. Councilman Wood moved, seconded by Councilman Mills, to approve the minutes of the October 23, 1979, meeting. Councilman Cavanaugh stated he would like for the motion on PZ 79-31, to read tlrendering to be a- part of the ordinance. " Motion carried 5-0; Councilmen Michener and Freeman abstaining due to absence from the meeting. 6a. Mayor Faram advised the Council three members to the Park and Recreation Commission had been appointed by letter on November 6, 1979. Mayor Faram asked that the Council affirm his appointment of Mr. J. Neal McCombs, Mrs. Kasey Stansell and Mr. Don Tipps to the Park and Recreation Commission. Councilman Michener moved, seconded by Councilman Wood, to approve the Mayor's appointments. Motion carried 7-0. 7. Mayor Faram opened the Public Hearing on PZ 79-37 and called for anyone present wishing to speak in favor of this request to please come forward. There being no one present to speak on this case Mayor Faram postponed action until later in the meeting. Mayor Faram stated the meeting time for the Council had been changed from 7:30 P.M., to 7:00 P.M., and the applicant may not be aware of the time change. 8. Postponed. 9. Mayor Faram opened the Public Hearing on PZ 79-32 and called for anyone wishing to speak in favor of this request to please come forward. Councilman Wood stated he would like to make it a matter of record that he would not participate in this discussion or the vote as he had a professional interest in it as the selling Real Estate Agent. Councilman Wood stated he would like a ruling on the amount of Council required on this vote. Mayor Faram asked Councilman Wood if he was saying he had a vested interest of which he may make a monetary gain. Councilman Wood replied yes. Mayor Faram stated he would grant Councilman 'Wood's request and compose the Council as six. Mayor Faram stated it would take five positive votes to approve this item. . November 12, 1979 Page 2 APPROVAL OF MINUTES OF THE OCTOBER 23, 1979, SPECIAL MEETING APPROVED APPROVAL OF PARKS & RECREATION COMMISSION RECOM- MENDATIONS OF NEW ~1EMBERS REQUEST OF EUt¡ER ALLISON FOR AN APPEAL HEARING ON PZ 79-37 CONSIDERATION OF ORDINANCE FOR PZ 79-37 REQUEST OF WALTER H. LOHSE FOR AN APPEAL HEARING ON PZ 79-32 '.\- . November 12, 1979 Page 3 Mr. Marvin Smith, 7609 Douglas Lane, appeared before the Council. Mr. Smith showed aerial photos of the property. Mr. Smith stated the lots faced the Access Road on Loop 820. The lots join Hudiburg Chevy on the west. Mr. Smith stated the lots had very little frontage in the residential area. Most of the frontage was on the Access Road. Mr. Smith stated he felt this was distress property. Mr. Smith stated the lots were not large enough for duplexes or any type OÞ multi-family. Mr. Smith stated that one lot on the east side was to small to put a house on. Mr. Smith stated he felt that where this property was located, and it was distress property, he was using the property for what was the best possible thing it could be used for which was commercial. Mr. Smith stated these lots were residential at one time and he was sure there would be someone to speak in opposition of this request. Mr. Smith stated the lots were zoned residential before Loop 820was completed. The Loop was not there when the property was developed. Mr. Smith stated to the best of his knowledge the property was developed in the early 501s. Mr. Smith presented the Council with a plot plan and elevation of the buildings. Mr. Smith stated the reason the buildings were split was because of an easement that ran through the lots. Mr. Smith stated a large sewer ran through the property. Mr. Smith stated he could build on the easement if the line was encased in concrete, but it would create a lot of problems with the Title Company. Mr. Smith stated the building he wanted to build would be used primarily for office space, some retail, not the type of retail like a walk-in food store. Mr. Smith stated he planned on doing some landscaping on the lots. The lots have been a nusiance for the city for years in keeping them mowed and they have been a nusiance for the neighborhood. The lots collect trash and rodents breed there, it was an eyesore. Mr. Smith stated he was trying to do with the property what he felt would be a benefit to the city as well as the neighborhood. Mr. Smith presented photos of the neighborhood. Mr. Smith stated he would like to have the right to come back and speak if someone spoke against this request. Mayor Faram asked Mr. Smith if he was saying he wanted rebuttal time. Mr. Smith replied yes. \~- Mayor Faram asked Mr. Smith if he intended to build a building for office space rental. Mr. Smith stated he wanted office space, but felt it should be kept open for some retail space. Mr. -Smith stated he was not talking about a walk-in grocery store. Mr. Smith stated the city had a very broad commercial zoning. Mr. Smith stated he could probably live with a lesser zoning than in commercial, but would need something where office space would be aval~able and retail space. Mr. Smith stated ~e primarily wanted office space but would like to keep it open to retail. Mayor Faram asked if office rental space would fit into Local Retail. Mr. Anderson replied yes, professional or administrative offices were permìtted. Mayor Faram asked Mr. Smith if he had in mind anything moré than professional or administrative offices. Mr. Smith stated no, he could probably live with Local Retail. Mayor Faram asked Mr. Smith if he any strong objections to reducing the zoning. Mr. Smith replied nò. Mayor Faram asked-if 19 parking spaces would be adequate. Mr~ Anderson stated it would depend enitrely on the business that went in. The way the ordinance is written the number of parking spaces is basically related to the type of business or the number of employees in the businesss or the square footage in the building. Mr. Smith stated he did not feel the architect had made full use of the parking. More parking spaces could be put in. Mayor Faram asked Mr. Smith if he had discussed the possibility of Local Retail or Commercial with the neighbors. Mr. Smith stated he had talked with one lady that lived next door on the east. Councilman Cavanaugh stated that in the aerial photo, Susan Lee, the first four houses on the left and the right had sidewalks. Mr. Smith stated he felt these lots were probably skip lots and FHA required them to put in sidewalks. Mr. Smith advised that if Councilman Cavanaugh's question was would hè put in sidewalks, the answer was yes. November 12, 1979 Page 4 November 12, 1979 P_~ge' 5 ~'c.. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. Mr. Billy R. Griffin, 4801 Susan Lee Lane, appeared before the Council. Mr. Griffin stated the houses in the area were about 18 years old. Mr. Griffin stated he thought the houses sold for $35,000.00 to $36,000. Mr. Griffin stated he had a petition that was signed by six people requesting that the Council not approve the zoning. Mr. Griffin stated one of the persons that signed it lives next door. Mr. G.riffin stated he talked to them last night, they had just purchased the property, the lady did not indicate that she had talked to anyone. Mr. Griffin stated they di d take the precaution of ta lking\'iith the city and found it had been turned down. Mr. Griffin stated the lady did not know anything about an appeal hearing tonight and they were dead-set against the rezoning. Mr. Griffin stated some of the neighbors did not want the rezoning because the first three houses adjoining the property would not be able to get a FHA loan or any type of Government loan if commercial is put in. Mr. Griffin stated the litter was very bad as well as the traffic. Mr. Griffin stated Susan Lee was a through street and many people go up and down it. Parking was also a problem. Mr. Griffin stated law enforcement was a problem in the area. Mr. Griffin stated traffic was already a major problem there. Mr. Griffin stated everyone of the problems he had named would beoome a major problem if the property was rezoned to commercial. Mr. Griffin stated he requested the zoning be denied. Mayor Faram asked Mr. Griffin if he would be opposed to Local Retail. Mr. Griffin replied yes, he would be opposed to any change other than what it was zoned now. Councilman Cavanaugh stated the property in question was not big enough to build a house on. Councilman Cavanaugh stated the only thing left to do was try and salvage it to some kind of use. Councilman Cavanaugh stated it seemed one of Mr. Griffin's main concerns was that a restaurant would be built. Councilman Cavanaugh asked Mr. Griffin if Mr. Smith were to build a nice professional building, put a six foot wooden fence in the back, had he not rather have that than some type of Local Retail. Mr. Griffin stated the people next door to the property in question paid $36,000.00 for their home. Mr. Griffin stated they specifically checked the zoning next door before they bought the property. They have much more of an investment that the lot in question. Mr. Griffin stated that lot had sat there for eighteen years. Councilman Cavanaugh stated that piece of property was a subject of bad government. The City Council should have never let it happen. Councilman Cavanaugh stated the lot should have been composed in the total portion of the development there. Councilman Cavanaugh stated the lot was left in a situation where nothing could be done with it. Councilman Cavanaugh asked Mr. Griffin if he was against restaurants and professional buildings. Nov~mber 12, 1979 Page 6 ~- Mr. Griffin stated he was really not against the building. He was against the traffic, the litter and the parking. Also none of the homeowners could sell FHA. Councilman Cavanaugh stated he had never h€ard of anyone not being able to obtain a FHA loan next to commercial property. Mr. Griffin stated he had been told by a Real Estate Agent that if a small building was put on the lot it would kill the face of the other property. Mr. Griffin stated the Council had a choice of hurting a man who zoned property worth a third of what the houses were worth or hurt all of the homeowners up and down Susan Lee and Nancy Lane. Councilman Mills asked Mr. Griffin where he lived in conjunction with the property in question. Mr. Griffin stated his house was the third house on the west on Susan Lee. Mr. Bill Tiroff, 4709 Nancy Lane, appeared before the Council. Mr. Tiroff stated when he moved into the area there was no Loop 820. Mr. Tiroff stated when the City Government drew up a plan to zone all the property in North Richland Hills they were not notified of this action. Mr. Tiroff stated it came out in the newspaper. Mr. Tiroff stated there were four lots across from his property that was zoned commercial. Mr. Tiroff stated the city did send him a registered letter when the property was sold to Hudiburg. Mr. Tirff stated there were not notified of the change of zoning on the Hudiburg truck lot. Mr. Tirff stated when the Hudiburg truck lot went in they were supposed to build an eight foot site barring fence. Mr. Tiroff stated the truck lot had been built ten years and there was not a fence there y.et Mr. Tirff stated he was opposed to any other commercial property in the neighborhood unless the whole block was rezoned commercial. Councilman Freeman aske'd Mr. Tiroff where he lived in conjunction to the property in question. Mr. Tiroff stated his house was the second house from the end on the west on Nancy Lane. Councilman Freeman stated that Mr. Tiroff had mentioned he would like to see a house built on the lot. Councilman Freeman asked Mr. Tiroff if he had seen a plat of the property. Mr. Tiroff stated he had not seen a plat, but the lot was certainly big enough for a house. ...... November 12, 1979 Ppge 7 Mr. W. R. Keene, owner of the appeared before the Council. like to know what kind retail about. property at 4717 Nancy Lane, Mr. Keene stated he would sal~s the Council was speaking Mayor Faram stated Mr. Smith wanted to put- professional buildings on the property. Mr. Keene stated Mr. Smith had mentioned retail sales and was not specific. Mr. Keene stated the weeds and grass were mentioned, there had been some problem with the grass but the city had an ordinance to take care of the problem. Mr. Keene stated his feelings were the same as Mr. Tiroff and the rest of the people in the neighborhood. Mr. Keene stated he had to put up with the truck lot Hudiburg managed to sneak in. Mr. Keene stated the Hudiburg lot was in the front door of the property he owned. Mr. Keene stated he no longer resided there, but, if a little bit was going to be rezoned go all the way to the north where Hudiburg was located on Nancy Lane. Mr. Keene stated the property in question was not created by bad government but by Loop 820. Mr. Keene stated he was definitely opposed to rezoning this lot commercial. Mr. Phil Wacaster, 4708 Susan Lee appeared before the Council. Mr. Wacaster stated he was opposed to the rezoning of just a small portion. Mr. Wacaster stated he was opposed because no one who was trying to rezone it contacted the residential people who were living there. Mr. Wacaster stated he was not really opposed to commercial but he was opposed to any type retail sales. Councilman Mills asked if there was not a sign placed on the property so the people would know rezoning was taking place. Mr. Wacaster replied no. Councilman Mills asked if it was not a city policy to put a sign on property being rezoned. Mayor Faram stated he was not aware of the policy. Mayor Faram stated at this point he would like to ask if official notification was given to residents within 200 feet of the property to be rezoned. City Secretary Moore replied the residents were notified. Mr. Anderson stated the city had placed a sign on the property. Mr. Anderson stated there had been a problem with the signs that were being placed on possible rezoning property, the signs tend to disappear and be torn down. Mayor Faram asked Mr. Wacaster if he had indicated he would not be opposed to professional type office buildings. Mr. Wacaster stated he was opposed to any retail type business. November 12, 1979 Page 8 Mayor Faram asked Mr. Wacaster if he would be opposed to Local Retail-Specific Use-Professsional Office Building~ Mr. Wacaster stated he would not strongly oppose professional office use. Mayor Faram stated there was no one else wishing to speak and he would now grant Mr. Smith rebuttal time. Mr. Marvin Smith appeared before the Council. Mr. Smith stated he appreciated the resident's problems, but take into consideration that you have a piece of property that has been there 18 years and nothinq had been done with it. Mr. Smith stated no one definitely was not going to build a house or duplex on the property. Mr. Smith stated he did not think you could get proper financing for a house at this location. Mr. Smith stated he did not mind being tied to retail but he was not going to build a fast food chain. Mr. Smith stated he wanted to build professional office buildings. Mr. Smith stated he felt he was entitled to the zoning. Mayor Faram closed the Public Hearing. Mayor Faram advised the Council there was a petition that had been presented and he assumed it was signed by the people within 200 feet of the property in question and had the 20% compliance. However, the petition was turned in too late to be considered. Mayor Faram stated the Planning and Zoning Commission had recommended denial of this request so it would require a 3/4 vote to approve. 10. Councilman Michener moved, seconded by Councilwoman Reeder, to approve PZ 79-32, Ordinance No. 788, subject to the zoning be limited to neighborhood retail, 6 foot site baring fence to be installed. CONSIDERATION OF ORDINANCE FOR PZ 79-32 APPROVED ORDINANCE NO. 788 Councilman Cavanaugh stated he wanted the residents involved to know it was not easy to make a judgement such as this one. Councilman Michener stated there had been some property owners who indicated they would like to see their property rezoned if r·1r. Smith's was rezoned. Councilman Michener stated he would like for the residents to know the Council could not include their property in the matter tonight. Councilman Michener stated if they wanted their property rezoned they would need to make application and go through the Planning and Zoning Commission. Councilman Michener stated the Council would be glad to hear their çase. Motion to approve carried 6-0; Councilman Wood abstaining. - November 12, 1979 Page 9 Mayor Faram advised the Council that Mt. Elmer Allison was now present and with the Council's permission Item seven would be heard at this time. 7. Mayor Faram opened the Public Hearing and called for for anyone wishing to speak in favor of this request to please come forward. REQUEST, OP EL\1ER ALLISON FOR AN APPEAL HEARING ON PZ 79-22 Mr. Elmer Allison, 3725 Flory, appeared before the Council. Mr. Allision passed out a plat of the property in question to the Council. Mr. Allison stated at the time he requested the rezoning on this property he had a contract for the sale of the property specified 1F-9-15 zoning. Mr. Allison stated the money was still in escrow. Mr. Allison stated he felt that if the facts had been properly presented on his part in the beginning, this special meeting tonight would not had to been held. Mr. Allison stated he had made a drawing of the proper'jzy and of each house that adjoined the property. Mr. Allison stated he had been to the City Tax office and checked the size of each of the houses. Mr. Allison stated he had also checked the valuation as shown on the tax records. Mr. Allison stated that at the ,time he was opposed, people based it on the basis of larger homes in the area. They felt IF-9-15 would be urlder building the area. Mr. Allison stated the ,average valuation on adjoning the property is $33,000.00 to $60,000.00, so in a sense he would be over building the area. ~1r., Allison stated the proper'jzy across the road adjoined Stoneybrook and the zoning in Stoneybrook was 1300 to 1500 square feet. Mr. Allison stated he felt this zoning would be in keeping with the nearest subdivision as far as size was concerned. Mr. Allison stated that at this time he would like to request that the zoning be approved as applied for in the beginning. Mr. Allison stated he knew the Utility Department had made a large investment in the area of the property. Approximately five years ago a 8 inch water line was layed down Eden Road. Mr. Alli50n stated an 8 inch line would certainly serve the area, but, it would serve many more homes that what was already there. Mr. Allison stated he was sure the Utility Department was planning for future growth out there. Mr. Allison stated also the installation of the TRA sewer line out there was quite expensive and the Utility Department was paying $13,226.00 twice a year for a total of $26,452.00 annually for the line to layout there and at this time there is no on tied on to it. Mr. Allison stated he felt the rezoning on this property, as requested would devel;op the area sooner and would benefit all the citizens in the a rea. Councilman Cato asked Mr. Allison if he could be more specific on the location of the property. Councilman Cato asked how far the property was from the intersection of Rumfield Road. < "- Mr. Allison stated the property was approximately 1500 feet from the intersection. Councilman Freeman asked if the sketch Mr. Allison had given the Council represented the valuation and square footage of the property adjacent to Mr. Allison's. Mr. Allison stated all the property was listed with the owners names, valuation and square footage. Mr. Allison stated the Murray's house had only 1,516 square feet of floor space and the value on the tax rolls was $29,886.00. Councilman Freeman asked the size of Murray's lot. Mr. Allison stated the lot was an acre. Councilman Freeman stated he assumed all the lots were one acre with the exception of the smaller ones and they were approximately 1/2 acre. Mr. Allison stated some of the lots were an acre, some were two acre s . Councilman Freeman asked how long it had been since the homes had been re-valuated. Mr. Allison stated he did not know. These valuations were taken from the tax office about 6 months ago. Councilman Freeman asked Mr. Allison if he had any idea what the present market value on the homes were. Mr. Allison stated the values would vary. There were two frames homes in the block and two brick homes. Mr. Allison stated the brick homes were larger and the value would certainly be more than what he proposed to build. Councilman Cavanaugh asked Mr. Allison if the tax values were based on 100% or 55% of market value. Mr. Allison stated the houses were taxed on 55%, but these figures he had given were the valuations. Councilman Wood asked Mr. Allison if he knew the age of the homes. Mr. Allison stated the Murray home was about 12 or 13 years old; the Smith home about 12 years old; the Weiss home is about 8 or 9 years old; the Jordon home about 15 years old; the Baker home about 10 years old and the Koonce home was around 7 ør 8 years old. Councilman Mills asked if the entries on Eden Road as shown on the drawing was the only access to the property. November 12, 1979 Page 10 November 12, 1979 Page 11 ~~ Mr. Allison stated there were two strips there, one was 150 feet wide and the other was 50 feet wide that fronted on Eden. Councilman Cato stated he had noticed on the sales contract that 17.84 acres had already sold contingent on the zoning. Mr. Allison stated there were 18.25 acres in the whole tract and Mr. Miller had a life estate reserved out of it not included in the contract. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. Mr. Billy Wallace, 7401 Eden Road, appeared before the Council. Mr. Wallace stated he lived across the street from the property in question. Mr. Wallace stated he had a large crowd turn out on this request earlier that was interested in seeing the property put into larger homes and lots. Mr. Wallace stated there were larger homes across the streets that were on 1 1/2 acres, some had four to five acre tracts. Mr. Wallace stated there were some older homes next to the property that were fairly old. Mr. Wallace stated these older houses might not have the value as some of the others. Mr. Wallace stated Mr. Allison had made reference to the Jordon home, a frame house, it was sold 90 days ago for $48,000. Mr. Wallace stated he could not see how Eden Road could take the traffic of this addition without an outlet on to another street. Mr. Wallace stated the main thing he opposed was the 1500 minimum square footage. Mr. Wallace stated all he was asking for was that the zoning be upgraded into larger lots and homes. Mr. Wallace stated in reference to the 8 inch waterline being sufficient to carry this addition it did not hardly carry his house in the summer now. Councilman Freeman asked Mr. Wallace the size of the homes in his area. Mr. Wallace stated from one end of Eden to the other, which is about 5/8 of a mile, there were 14 homes 2000 feet or better, approximately 6 homes 1500 square feet or less. Mr. Wallace stated there was nothing there under acre lots unless it would be one of the older homes. Councilman Freeman asked Mr. Wallace if he could give the market value of these homes. Mr. Wallace stated Mr. Riddle lived two doors down from him and he had his house on the market at one time for $82,000. Mr. Wallace stated Mr. Baker had his home for sale at the present time and was asking in the $70,000's. Mr. Wallace stated most of the property on the west side of Eden Road had two to five acre lots. ~~ Mr. Perry Weiss, 7404 Eden Road, appeared before the Council. Mr. Weiss stated his opposition was primary the same as Mr. Wallace. Mr. Weiss stated in regards to the lots that were proposed, every place out there had at least an acre. Mr. Weiss stated he would like to have the lots 1/2 acre to an acre. Mr. Charles Baker, 7308 Eden Road, appeared before the Council. Mr. Baker stated he had his house on the market. Mr. Baker stated he was told at another meeting, by one of the Board members, that there were no houses in the area bigger than what Mr. Allison wanted to build. Mr. Baker stated he had his house appraised and there was 1,982 square feet of living space. Mr. Baker stated he felt his house was the one most concerned by this zoning. Mr. Baker stated the house was on the market for $70,950.00, appraisal price of $69,000. Mr. Baker stated it was his understanding that he was required to inform any prospective buyer of anything 'relevant to his house and he would like to tell the buyer the property behind his house was zoned to match the neighborhood. Mr. Jim Stevens, 7424 Eden Road, appeared before the Council. Mr. Stevens stated his house consisted of 2000 square feet. Mr. Stevens stated he felt the rest should be one or two acres. Mr. Stevens stated Eden Road would not be able to carry the added traffic. Mr. Stevens stated the question of when something would be done to Eden Road was asked at the Planning and Zoning meeting. they were advised nothing would be done in the near foreseeable future. Mr. Stevens stated if the property was zoned with the lots being one acre or one-half acre there would not be as many people opposed to it. Mayor Faram called for anyone else wishing to speak in opposition of this request. Mayor Faram stated there being no one else wishing to speak on this request, he would grant Mr. Allison rebuttal time at this point. Mr. Elmer Allison reappeared before the Council. Mr. Allison stated~ at one time the city had an ordinance stating that any building to be built on agricultural zoned property had to have three acres of land. Mr. Allison stated after a period of time this requirement was taken off and reverted back to where there was no requirement. Mr. Allison stated that in rebuttal to the last gentleman that spoke, he built the house he lives in and had lived there five years, the house contained 1385 square feet. Mayor Faram stated having heard from everyone wishing to speak he now closed the Public Hearing. ~ovember 12, 1979 Page 12 ~.:- 8. Mayor Faram advised the Council the Planning and Zoning Commission had denied this request and the appeal hearing had been granted and heard. Therefore, it would take 3/4 vote of the Council to overrule the Planning and Zoning Commission's deni a 1 . Councilman Cavanaugh moved, seconded by Councilman Freeman, to deny PZ 79-22. Councilman Cavanaugh stated it was not that he was against Mr. Allison's project of IF-9. Councilman Cavanaugh stated the main reason was because the property was located in a large portion of agriculture. The moment the city classifies that property IF-9, the remaining would have to also go IF-9. Councilman Cavanaugh stated he encouraged the Council to consider the total property involved and not just the 17 or 18 acres. Councilman Cavanaugh stated he encouraged the Council to stay with IF-12 and keep it consistent. Councilman Freeman stated his second was based on the same theory as Councilman Cavanaugh's, which is, this area is predominantely larger lots and if it is zoned IF-9 the whole area would go towards that direction. Councilman Cato stated this was the area the Council looked at some months ago and decided it needed to be handled by the Council in planning this area. Councilman Cato stated the Council had not gotten underway and this area being agriculture at this point is wide open. The Council needs to determine in their own minds which direction the Council wants this property to go, the smaller zoning or the larger zoning. Councilman Cato stated he only wanted to remind the Council of their task to plan this unplanned portion of the city with all due haste. Councilman Wood stated as the Council goes into the plan of planning this area the people in the neighborhood that are not zoned and have thétr homes in what is considered IF-12, should be further notified. Councilman Wood stated, speaking from Mr. Allison's point of view, the Council is also faced with the economics for the city. The City needs someone on the sewer lines, but in another aspect we are asking Mr. Allison or any other developer to build houses that were prohibitive in cost, or that have become that way. Councilman Wood stated that in essence the city may be kill ing the area for a whil e. Councilman Wood stated he would like to see a plan formulated as soon as possible including both sides of Eden Road. Motion to deny carried 7-0. Mayor Faram stated, on behalf of the Council he would like to thank those who had been so patient while trying to get the whole Council together to hear this case. November 12, 1979 Page 13 CONSIDERATION OF ORDINANCE FOR PZ 79-22 DENIED November 12, 1979 ~age 14 ~- Mayor Faram called a ten minute recess. RECESS BACK TO ORDER Mayor Faram called the meeting back to order. The same Council Members and Staff were present as recorded at the beginning of the meeting. 11. Mayor Faram stated the Planning and Zoning Commission recommended approval of this request. Councilman Freeman moved, seconded by Councilman Mills, to approve PS 79-74. Motion carried 7-0. PS 79-74, REQUEST OF GLEN BUCKNER FOR REPLAT OF LOTS 22R & 23R, BLOCK 3, BRIAR- WOOD ESTATES APPROVED PS 79-75, REQUEST OF MARVIN D. SMITH FOR FINAL PLAT OF MAROAKS ADDITION 12. Mayor Faram stated the Planning and Zoning Commission had recommended approval of this request subject to the Engineer's letter. Particularly item 1, pertaining to the drainage. Mayor Faram asked if the applicant had any objections to the Engineer's letter. Mr. Anderson stated Mr. Smith had indicated a willingness to help the city solve the drainage problem. Mr. Anderson stated Mr. Smith had indicated he understood the drainage problem downstream in Morgan Meadows. Mr. Anderson stated Mr. Smith had verbally indicated he would assist the city in trying to solve the problem. Councilman Michener moved, seconded by Councilman Mills, to approve PS 79-75. Councilman Mills asked what terms Mr. Smith had agreed to on the drainage. Mr. Anderson stated Mr. Smith had agreed to provide some funding for the project and also do some of the ditch work and culvert work. Mayor Faram asked if the building permits could be held on these lots until the city had something positive from Mr. Smith. Mr. Anderson stated the city could refrain from signing a city developer agreement with Mr. Smith until something positive could be worked out. Mayor Faram asked if the plat was approved as outlined in the City Engineer's letter, would the city accomplish what needed to be done. \'- Mr. Anderson stated no. After further discussion, Mayor Faram advised the Council this item would be delayed until Mr. Smith returned to the meeting. 13. Mayor Faram asked if there were any differences with the applicant and the Engineerls comments. Mr. Anderson stated the comments had all been met except the one pertaining to the sewer line being placed behind the curb. Councilman Michener moved, seconded by Councilman Mills, to approve PS 79-76 subject to the Engineerls comments. Councilman Wood asked if the memo concerning the sewer lines had been answered. Mr. Anderson stated Northeast had accepted the responsibility of locating the services and bringing them up to grade. Mayor Faram asked if the Staff was in agreement. Mr. Anderson replied yes. Councilman Mills asked if the culvert on Holiday Lane could handle the run-off water and who was responsible for the run-off. Mr. Anderson stated the city had never made the developer responsible of seeing that a downstream culvert was properly sized. November 12, 1979 page'15 PS 79-76, REQUEST OF NORTHEAST CONSTRUCTION COMPANY FOR FINAL PLAT OF HOLIDAY WEST, SECTION III APPROVED Councilman Mills stated he did not feel the Council had been getting a full picture of what was taking place pertaining to the drainage problems. Councilman Mills stated the Council needed to set a policy that says if a bridge has to be enlarged because there is a development that takes place, these things will be taken into consideration. Councilman Wood stated in a previous case the question was asked about the drainage downstream on a development and it had not been checked. Someone surely knew that Rufe Snow was going to be developed and now there is a bridge going to have to be torn out. Councilman Wood stated that every time a plat was approved it cost the taxpayers money for drainage problems. Councilman Wood stated something needed to be done about the drainage now. November 12, 1979 Page' 16 Mr. Anderson stated the drainage within the pla\ was adequate. Mr. Anderson stated the difficulty came in that there was a bottleneck downstream under Holiday Lane. Mr. Anderson stated this particular culvert would carry the 25 year flood. Councilman Cato asked if the 25 year flood was the now existant run-off or the fully developed run-off figure. Mr. Anderson stated it was the fully developed run-off figure. Mayor Faram stated he would depart from the rules and let Mr. Hamn speak on this subject. Mr. Allan Hamn, developer, appeared before the Council. Mr. Hamn stated Holiday Lane was built by Bond funds by the city. Mr. Hamn stated he was one of the property owners there at the time and gave land and agreed on the assessment on the street. Mr. Hamn stated he felt like they paid for it once and should not have to pay again. Councilman Mills stated it seemed pointless to make Mr. Hamn prepare his property for the 100 year flood plain and everyone else prepare theirs for 100 year run-off and stackup on Holiday Lane and run who knows where because it cannot get through the bridge. Councilman Cato asked if the culvert was originally designed for the fully developed, projected 25 year flood. Mr. Albin stated according to calculations it would handle a 25 year discharge. Motion to approve subject to the Engineer's comments ca rri ed 7-0. 12. Mayor Faram stated Mr. Smith was now present and the Council would go back to item 12. Councilman Michener stated the question was concerning the type of assistance Mr. Smith referred to. PS 79~75, REQUEST OF MARVIN D. SMITH FOR FINAL PLAT OF MAROAKS ADDITION APPROVED Mr. Marvin Smith appeared before the Council. Mr. Smith stated there was definitely a drainage problem in Morgan Meadows and along Little Ranch Road. Mr. Smith stated it was a very expensive drainage problem, it would cost approximately $800,000 to correct the problem. ,,- Mr. Smith stated it was his personal oplnlon tnat a drainage ditch needed to go through. Mr. Smith stated this would involve two pieces of property. Mr. Smith stated one of the problems was that there was a stock tank located on one of the pieces of property. The tank was fixed sometime back to overflow intõ an existing ditch. A few years back it was dammed up and when it rains it creates a lake. The water goes down Little Ranch Road and floods some of the people there. Mr. Smith stated he had talked to his engineer and Foster Financial, who owns some property that adjoins his, about the drainage problem. Mr. Smith stated he and Foster Financial would be willing, if the city could obtain easements through the property, and he could get some cost figures, to cut a ditch through. Mr. Smith stated they had also talked about a solution to widen the culvert on Little Ranch Road. Mr. Smith stated he was not talking about a 100 year flood plain, maybe a ten year. Mr. Smith stated they would be willing to try and come up with enough money to put the ditch through if the city could obtain the easements. Mayor Faram stated he had repeatedly heard of the drainage problem and the tank situation. Mayor Faram advised Mr. Smith he appreciated his interest in trying to develop this property. Mayor Faram stated the Council would have no problems in approving the plat, but in reality someone could offer more money for the development than what Mr. Smith thought it was worth and he could sell. Mr. Smith stated the Council could approve the plat subject to some type of solution to the drainage problem in Morgan Meadows. Mayor Faram asked Mr. Smith if he was saying to hold the building permits until an agreement was reached. Mr. Smith replied yes. Councilman Wood asked Mr. Smith if he could live with approval of the plat subject to a city developer agreement being put together and represented to the Council for final passage. Mr. Smith stated they did not plan on getting started on the subdivision until sometime after the first of the year. Councilman Michener withdrew his original motion. Councilman Mills withdrew his second. Councilman Michener moved, seconded by Councilman Mills, to approve PS 79-75 subject to Mr. Smith and Foster Financial working out an agreement with the City Staff to solve the problem in Morgan Meadows. November 12, 1979 Pàge 17 S'- Mr. Anderson stated there was one unresolved comment that needed to be cleared. Mr. Anderson asked Mr. Smith if he was in agreement with Mr. Bronstad on the placing of the sewer line. Mr. Smith stated he was in agreement. Motion to approve carried 7-0. 14. Mayor Faram stated the Planning and Zoning Commission had recommended approval of this request subject to the Engineer's comments. Councilman Freeman moved~ seconded by Councilwoman Reeder, to approve PS 79-78 subject to the Engineerls comments. Motion carried 7-0. 15. Mr. Joe Gray, 3728 Billie Faye, North Richland Hills, before the Council. Mr. Gray stated he was asking for a variance from the Brick Ordinance. Mr. Gray stated he was building a home on eleven acres on Amundson Road and wanted to build a detached garage. Mr. Gray stated the city required the building be of 75% brick and he did not want to brick the garage. Mr. Gray stated the house set about 800 feet off Amundson Road. Councilman Cato asked how large the garage would be. Mr. Gray replied it would be 28x24. Councilman Cato asked Mr. Gray if he had complied with all the other city requirements. Mr. Gray replied he had complied. Councilman Wood asked what type of roof would be on the building. Mr. Gray replied it was asbestos shingle. Councilman Cavanaugh asked what the main reason was for not wanting to brick the building. Mr. Gray stated he did not want to spend the extra money. Councilman Michener moved, seconded by Councilman Freeman, to grant Mr. Gray a variance from the Brick Ordinance for a garage located at 9217 Amundson Road. Motion carried 7-0. November 12, 1979 Page 18 PS 79-78, REQUEST OF WILLIAM E. FRENCH FOR FINAL PLAT OF LOT 2, BLOCK 1, HENRY ADDITION APPROVED CONSIDERATION OF JOE GRAY'S REQUEST FOR A VARIANCE FROM THE BRICK ORDIN- ANCE APPROVED ~I- 15. Councilman Freeman moved, seconded by Councilman Michener, to approve payment to Universal Tank and Iron Works in the amount of $127,849.95, for elevated tank on Bursey Road. Councilman Cato asked if all the problems had been taken care of. Mr. Albin stated everything had been taken care of. Motion carried 7-0. 17. Councilman Michener moved, seconded by Councilman Freeman, to approve payment to Atkins Brothers Equipment Company, Inc., in the amount of $3,985.20. Motion carried 7-0. 18. Councilman Michener moved, seconded by Councilwoman Reeder, to approve payment to A. E. Shull & Company in the amount of $158,051.71. Motion carried 7-0. 19. Councilman Michener moved, seconded by Councilman Freeman, to approve payment to Circle IICII Construction Company in the amount of $57,047.40. Councilman Mills stated the letter from the Engineer pertaining to this payment stated the city owed $29,725.40. Mr. Albin stated the amount listed on the agenda was not correct. The city's amount was $29,725.40 and the County $27,322.00. Councilman Michener amended his motion, seconded by CounCilman Freeman to state "approve payment in the amount of $29,725.40.11 Amended motion carried 7~0. November 12, 1979 Page 19 CONSIDERATION AND APPROVAL OF PAYMENT IN THE AMOUNT OF $127,849.95, FOR ELEVATED STORAGE TANK ON BURSEY ROAD TO UNIVERSAL TANK AND IRON WORKS APPROVED CONSIDERATION AND APPROVAL OF PAYMEN~ IN THE AMOUNT OF $3,985.20 FOR UTILITY ADJUSTMENTS ON DAVIS BLVD., TO ATKINS BROTHERS EQUIPMENT CO., INC. APPROVED CONSIDERATION AND APPROVAL OF PAYMENï IN THE A~10UNT OF $158,051. 71 FOR WATER SYSTEM EXTENSIONS FRO~1 BURSEY ROAD TO DAVIS BLVD., TO A. E. SHULL & COMPANY APPROVED CONSIDERATION AND APPROVAL OF P~YMENT IN THE AMOUNT OF $57,047.40 FOR BIG FOSSIL CREEK TRUNK SEl~ER, PHASE II TO CIRCLE IIC" CONSTRUCT ION COMPANY AP PROVED ~- 20. Allen Bronstad, Director of Utilities, appeared before the Council. Mr. Bronstad stated that at the present time a 16" waterline was being laid down Shady Grove Road. Mr. Bronstad stated the city Masterplan called for a 16" wa terl ine to extend from Shady Grove Road south to Davis Blvd., somewhere in the vacinity of Cherokee Estates. Mr. Bronstad stated Knowlton-English- Flowers estimated cost of the citÿls participation would be $37,800.00 and $45,000.00 to Neal-Teague and Perkins. Councilman Freeman asked if this was a budgeted item. Mr. Bronstad stated it would be an addition to the budget. Mr. Bronstad stated there was some oversizing in the budget but he would suggest the oversizing come out of Utility Fund surplus, which was available. Councilman Freeman moved, seconded by Councilman Michener, to approve participation in the oversizing in the amount of $37,800.00 to be taken out of Utility Fund Surplus. Motion carried 7-0. 21. Mr. Paul stated this bid was for the mid-block traffic signal on Rufe Snow Drive. Councilman Mills moved, seconded by Councilman Cavanaugh to approve the bid of Duraline Corporation in the amount of $6,390.00 to be paid from General Surplus. Motion carried 7-0. 22. Councilman Mills moved, seconded by Councilman Michener, to approve Resolution No. 79-23, as written. Motion carried 7-0. 23. Councilman Mills moved, seconded by Councilwomah Reeder, to approve payment to Roberts-Moore Company in the amount of $19,010.16. November 12, 1979 Page 20 CONSIDERATION AND APPROVAL OF PARTI- CIPATION IN OVER- SIZING OF WATERLINE IN SHADY GROVE ADDITION APPROVED CONSIDERATION AND APPROVAL OF BIDS FOR TRAFFIC SIGNAL INSTALLATION APPROVED CONSIDERATION AND APPROVAL OF WIDEN- ING OF RUFE SNOW APPROVED RESOLUTION NO. 79-23 CONSIDERATION OF PAYMENT TO ROBERTS- MOORE COMPANY IN THE AMOUNT OF $19,010.16 FOR CONSTRUCTION OF SIDEWALKS ON RUFE SNOW APPROVED '.'" 24. Mayor Faram opened the public hearing on the CDC funding proposal and made the following statement: At the last publ i c hearing the ci ty considered the needs of the target area. These were found to be improved drainage and street improvements. Citizen input forms were provided and are still available for those wishing to make an input. The purpose of this public hearing is to consider projects which will satisfy those needs. The city staff in the absence of citizen input, has proposed continuation of a project undertaken last year to extend paved channel on Mackey Creek on that portion which lies within the target area. Mayor Faram stated the Council would now hear from anyone wishing to comment on a proper project for these funds. No one wished to be heard. Mayor Faram closed the public hearing. Councilman Michener moved, seconded by Councilman Mills, to approve Resolution No. 79-24. Motion carried 7-0. 25. Councilman Cato asked for a point of clarification, at the last Council meeting it was postponed for a worksession. Councilman Cato asked if a worksession had been held. Mayor Faram replied no. Mayor Faram asked Mr. Paul if this item had gone before the Civil Service Commission and was this their recommendation. Mr. Paul replied it was the recommendation of the Civil Service Commission. Mr. Paul stated the last time this item was on the agenda he had asked that it not be under Civil Service, but he did not care if it was under Civil Service or not. Mr. Paul stated the Council wanted the position to stay under Civil Service. Mr. Paul stated his main concern was to get someone so he could operate properly. Mr. Paul stated he had interviewed ten or so applicants and the most qualified on shorthand was 80 words a minute. Mr. Paul stated that within the typing and shorthand range the minimum of $925.00 per month would have to be agreed on. Mr. Paul stated it was his recommendation that someone be hired at this range. Mayor Faram asked it there was a range on salary. November 12, 1979 Page 21 CDC PUBLIC HEARING AND CONSIDERATION OF RESOLUTION RESOLUTION NO. 79-24 CONSIDERATION AND APPROVAL OF JOB' DESCRIPTION FOR SECRETARY II APPROVED Mr. Paul stated he would like to see the basç- salary stay at the same, $750.00 and leave a range up to $925.00. Councilman Freeman asked Mr. Paul what he felt it would take to hire the girl he was looking for. Mr. Paul stated it would take $900.00 to $925.00. Councilman Wood stated the Civil Service had approved 90 words on shorthand. Councilman Wood asked if the specifications were being changed. Mr. Paul replied yes. He had asked that the shorthand be at 80 words. Councilman Cavanaugh moved, seconded by Councilman Michener, to approve the job description of Secretary II, base pay to stay at $750.00, salary not to exceed $925.00 per month, typing at 60 words per minute and shorthand at 80 worps per minute and remains under Civil Service. Mayor Faram asked Mr. Paul if this was his recommendation and not the recommendation of the Civil Service Commission. Mr. Paul stated it was his recommendation. Motion to approve carried 4-3; Councilmen Wood, Michener and Cavanaugh and Councilwoman Reeder voting for; Councilmen Cato, Mills and Freeman against. November 12, 1979 Pa,ge 22 . 26. Councilwoman Reeder moved, seconded by Councilman Michener, CONSIDERATION OF to cast the vote of North Richland Hills for O. Wayne Tidwell. RESOLUTION FOR . , TARRANT COUNTY Motion carried 7-0. APPRAISAL DISTRICT APPROVED RESOLUTION NO. 79-25 27. Councilman Michener moved, seconded by Councilman Freeman, to approve the bid of Sun Electric Company in the amount of $5,614.50 for an engine analyzer. Motion carried 7-0. 28. Councilman Michener moved, seconded by Councilman Wood, to approve the bid of Highway Machinery in the amount of $4,442.00. Motion carried 7-0. 29. Mayor Faram adjourned the meeting of November 12, 1979. Dick Faram - Mayor ATTEST: Jeanette Moore - City Secretary APPROVAL OF SPECI- FICATIONS AND BIDS ON ENGINE ANALYZER APPROVED APPROVAL OF SPECI- FICATIONS AND BIDS ON ASPHALT ROLLER APPROVED ADJOURNMENT