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HomeMy WebLinkAboutCC 1979-12-10 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, DECEMBER 10, 1979 - 7:00 P.M. 1. Mayor Faram called the meeting to order December 10, 1979, at 7:00 P.M. ') PRESENT: Dick Faram '-. Denver Mills Jim Hood Sid Cavanaugh Jim Cato STAFF PRESENT: Tom Paul Jeanette Moore Rex McEntire Jim Anderson Richard Albin Jo Ann Wi 11 i ams ABSENT: Dave Freeman John Michener Lena Mae Reeder :¡ The invocation was given by Mayor Faram. ...J. II . r . CALL TO ORDER Mayor ROLL CALL Councilmen City Manager City Secretary Ci ty Attorney Director P.ublic Works City Engi neer Board of Adjustment Member Councilman Councilman Councilwoman INVOCATION APPROVAL OF MINUTES OF THE NOVEMBER 12, 1979 MEETING APPROVED APPROVAL OF MINUTES OF THE NOVEMBER 19, 1979 MEETING APPROVED Councilman Wood moved, seconded by Councilman Mills, to approve the minutes of the November 12, 1979 meeting. Motion carried 4-0. b. Councilman Wood moved, seconded by Councilman Mills, to approve the minutes of the November 19, 1979 meeting. Motion carried 3-0; Councilman Cavanaugh abstaining due to absence from the meeting. Mayor Faram presented Mr. Mike Womack of the Police Department with a five year pin and certificate. Mayor Faram on behalf of the Council thanked Mr. Womack for his service to the city. ç v. COUNCILMAN FREEMAN NOW PRESENT. PRESENTATION OF 5 YEAR CERTIFICATION TO MIKE WOMACK OF THE POLICE DEPARTMENT December 10, 1979 Page 2 7. Councilman Cato moved, seconded by Councilman Mills, to approve Resolution No. 79-27. Councilman Cato asked if the city would have to maintain the entire street. CONSIDERATION AND APPROVAL OF RESOL- UTION OF DEDICATION OF CAGLE STREET APPROVED RESOLUTION NO. 79-27 Mr. Anderson stated the city would maintain the street from Glenview to, but not including, the ring road surrounding the North Hills Mall. Motion to approve carried 5-0. 8. Councilman Wood stated due to discussion with the City Attorney and Council members, he moved to postpone action on the Resolution and Ordinance granting a contract for Cable TV. Councilman Wood stated he would like to poll the Council as to what date would be best. CONSIDERATION AND APPROVAL OF RESOLUTION GRANTING CABLE TV CONTRACT POSTPONED Mayor Faram asked Councilman Wood what date he anticipated the committee could be finished with their work on the Cable TV proposal. Councilman Wood stated he felt the committee could be ready by December 17, 1979. Councilman Wood amended his motion to state postponed until December 17, 1979. Councilman Cato seconded the motion. Motion carried 5-0. 9. Mayor Faram opened the Public Hearing and calle~ for anyone wishing to speak for this request to please come forward. Mr. Buddy Oujesky, Real Estate Manager for Winn Dixie appeared before the Council. Mr. Oujesky stated they presently had a Winn Dixie under construction in North Richland Hills at the corner of Rufe Snow and Smithfield Watauga Road which was part of the North Park Plaza Shopping Center. Mr. Oujesky stated this request would apply to their specific building only and no others within the Shopping Center. Mr. Oujesky stated he felt their request was reasonable in the fact that permits of this type had been granted previously. Councilman Cato asked Mr. Oujesky if he would object to the actual n~me of the company being put on the ordinance since the enabling ordinance was by metes and bounds and did not mention the facility by name. PZ 79-40 - REQUEST OF WINN DIXIE TO REZONE LOT 1, NORTH PARK PLAZA FROM LOCAL RETAIL TO LOCAL RETAIL SPECIFIC-USE-BEER FOR OFF-PREMISE CONSUMPTION Mr. Oujesky stated he did not object to the name of the store being on the ordinance. Mr. Oujesky stated the ordinance would be applicable to Winn Dixie only. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. There being no one to speak in opposition, Mayor Faram closed the Public Hearing. 10. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval of this request. Councilman Cato moved, seconded by Councilman Wood, to approve PZ 79-40, Ordinance No. 889, with the following amendment; paragraph concerning property located at the Northeast corner of Rufe Snow and Watauga Road and under the ownership of Winn Dixie, Texas, Incorporated, permit to be non-transferable. Motion carried 5-0. 11. Mayor Faram opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Charles Reynolds, Developer, appeared before the Council. Mr. Reynolds stated he would like for the Council to approve this request for the small tract of land that faced Airport Freeway. Mr. Reynolds stated the property on the east side of the property in question was zoned commercial and on the west side was a street. Mr. Reynolds stated this property had been vacant for a long period of time. Mr. Reynolds stated the property was presently zoned residential and was not suitable for residents. Mr. Reynolds stated he would like for the Council to approve this property for commercial. Mayor Faram asked Mr. Reynolds if he had something in mind to build on this property or was it speculative zoning. Mr. Reynolds stated there had been some talk about this area being a transitional area. Mr. Reynolds stated he had made a study of the area as being transitional zoning and it would be the greatest thing that ever happened. Mr. Reynolds stated he eventually wanted to build a retail building on this property. December 10, 1979 Page 3 CONSIDERATION OF ORDINANCE FOR PZ 79-40 APPROVED ORDINANCE NO. 889 PUBLIC HEARING FOR PZ 79-42, REQUEST OF CHARLES REYNOLDS TO REZONE LOTS 6 & 7, BLOCK B, RICHLAND OAKS ADDITION FROM IF-l2, ONE FAMILY DWELLING TO COMMERCIAL Mayor Faram stated the answer to the question was that it was speculative zoning. Mr. Reynolds stated no, this was not speculative zoning. Mr. Reynolds stated he owned part of the property and was committed to buy the rema1ning regardless of how the zoning turned out. Mr. Reynolds stated he was going to develop the property somehow, someway. December 10, 1979 Page 4 Mayor Faram asked Mr. Reynolds what he planned on developing on the property. Mr. Reynolds stated he wanted to build a 5500 square foot retail building. Mayor Faram asked Mr. Reynolds if he would consider a lesser zoning than commercial. Mr. Reynolds stated he would definitely consider something other than commercial but would like at least local retail. Councilman Freeman asked Mr. Reynolds if the property behind him was developed at this time. Mr. Reynolds stated directly north of the property in question was an old house. Councilman Freeman asked what was to the east of the property. Mr. Reynolds stated to the east was a restaurant and disco under construction. Councilman Freeman asked what was to the west of the property. Mr. Reynolds stated that on the west side was a piece of vacant property. Mr. Reynolds stated that on the west there was an unimproved road that he would have to improve. Councilman Cavanaugh stated that in the minutes of the Planning and Zoning Commission Mr. Reynolds had stated that when one piece of property sold that it up-graded every piece of property thereafter. Councilman Cavanaugh asked Mr. Reynolds what he saw as a total development for the area. Mr. Reynolds stated that the majority of the time when one piece of property starts developing, each property developes thereafter. Mr. Reynolds stated prior to the city approving the zoning for the restaurant on Bedford-Eul ess Road the property sat there and nothi ng ever happened, when it was approved it started the flood. Mr. Reynolds stated the best thing would be to get the entire plat zoned to some type of commercial. Mr. Reynolds stated the best thing for the protection of the people in the area was for the city to enact an ordinance and go for blanket zoning over the entire area. Councilman Cavanaugh stated the people that lived in the area, on the west side of Oakridge Terrace, had a drainage ditch behind their homes and due to the lack of funds th2 city had never been ~ble to acquire easements to put underground drainage. Councilman Cavànaugh stated the property would not be interest to developers because of the cost involved with the drainage ditch. Councilman Cavanaugh stated he would like to see all of the property go the way Mr. Reynolds was referring to. Mr. Reynolds stated the answer was without alienating anyone in the city and to relieve the city of the burden of making this a developable piece of property, to make the area from Walker Branch to the eastern city limits a transitional zoning area. Mr. Reynolds stated he would help the city in any way he could. Councilman Cavanaugh stated his concern was the people in the area had large lots and if they sold them they could not buy somewhere else for what they sold their homes for. Councilman Mills stated that in the Planning and Zoning minutes Mr. Reynolds had stated he did not own the property. Mr. Reynolds stated he did own the property and had a contract for the rest of the property and the contract was not subject to the approval of the zoning. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. Mr. Tom Snodgrass, Mesa Verde, appeared before the Council. Mr. Snodgrass stated he lived next door to the property in question and objected to it being zoned commercial. Mr. Snodgrass stated the property was not large enough to build on. Mayor Faram asked Mr. Snodgrass if he would object to Local Reta il zon i ng. Mr. Snodgrass stated he wanted the property to stay zoned the same as it was at the present time. Mr. Robert Chadwell, 4912 Oakridge Terrace, appeared before the Council. Mr. Chadwell stated he did not live within 200 feet of the property in question, but he did live in the Richland Oaks Addition. Mr. Chadwell stated he was also representing eleven homeowners in the area. Mr. Chadwell stated they built their homes in the area and hoped to maintain them. Mr. Chadwell stated they had rather the property remain as it is at the present time. Mr. Chadwell stated they did not want another Retail strip in the neighborhood. Mr. Chadwell stated he would like for the Council to consider planned development. Mayor Faram asked Mr. Chadwell if he meant the entire area, including homes be planned development. Mr. Chadwell stated yes, this had been discussed. " December 10, 1979 Page 5 Mayor Faram asked Mr. Chadwell if there were those in the neighborhood that simply did not want to leave their homes or are they interested in getting together to see what could be done in total as a package. Mr. Chadwell stated he believed there were several in the area who had much rather keep their homes, but they were also wise people and could see that the area was developing. Mr. Chadwell stated he felt they would be interested in seeing what could be worked out. Councilman Wood asked Mr. Chadwell if he was familiar with transitional zoning. Mr. Chadwell stated he was somewhat familiar with it. Councilman Wood asked Mr. Chadwell if this would be of interest to the group in the area. Mr. Chadwell stated that if transitional zoning was what he understood it to be, offering the homeowner an opportunity to zone their property for commercial use and still be able to live in the house under residential taxes, then yes this would be a deal to be considered. Councilman Mills asked what had happened since the last time the Council heard this request, not exactly the same but essentially the same zoning request. Councilman Mills asked if anyone had gone to the homeowners and tried to organize and determine what, if anything could be done. Mr. Chadwell stated nothing had happened other than the fact that a different zoning was being asked for. Councilman Mills stated he did not think the Council could impose a Planned Development on a mixture of Commercial or residential. Councilman Mills stated someone would have to put a package together for the Council to deal with. Councilman Mills asked Mr. Chadwell if he would be responsible of getting the community organized. Mr. Chadwell stated he would be happy to talk to the homeowners. Mayor Faram called for anyone else wishing to speak to please come forward. There being none Mayor Faram closed the Public Hearing. 12. Councilman Cavanaugh moved to deny PZ 79-40 based on the lack of an overall development plan. Motion dies for the lack of a second. . December 10,l979 Page 6 CONSIDERATION OF ORDINANCE FOR PZ 79-40 POSTPONED Councilman Wood moved, seconded by Councilman Cato, to postpone action on PZ 79-40 and direct the Staff to meet with the developer and homeowners and work out an overall plan, not to exceed six months; create a committee composed of the City Staff and two Council Members to work with the homeowners and Planning and Zoning Commission. Motion carriedf 5-0. Mayor Faram appointed Councilman Cato and Councilman Freeman as the two Council Members with Councilman Cato as Chairman. Mayor Faram called a ten minute recess. Mayor Faram called the meeting back to order. The same Council Members and Staff were present as recorded at the beginning of the meeting. 13. Mayor Faram opened the Public Hearing on PZ 79-4l and ~alled for anyone wishing to speak in favor of this ...quest to please come forward. Mr. Bob Noble, 512 vlagonwheel Court, Colleyvi11e, &ppeared before the Council. Mr. Noble stated he was requesting the Council to rezone this property to two family dwellings. Mr. Noble stated the property in question was located at the corner of Main and old Amundson Road next to the Glenann Addition. Mr. Noble stated the City Masterplan called for this property to be industrial, but he felt industrial zoning would necessitate the closing of old Amundson Road to get to the railroad tracks and it was too close to the railroad for one family homes. Mr. Noble stated people could not afford to buy new homes and two family homes would give someone a chance to buy a home and rent out the other side. Mr. Noble stated he understood that Davis Blvd. was to be widened in the next year or so and rezoning this property would put seventeen additional lots in the Glenann Addition. Councilman Wood stated that according to the copy of the survey he had showing the lot lines, he was having a problem in defining what would be taking place on Tract A. Councilman Wood asked if Tract A was a portion of the proposal. Mr. Noble stated that Tract A was a portion of it, but there was nothing planned for Tract A. It was to be left v:cant. Mr. Noble stated Tract A contained about 1 l/2 acres, large enough for a peewee ballfield. Councilman Wood asked if an agreement could be worked out, would there be a possibility of a site barring fence along the back of the lot adjoining Tract A and the possibility of a·little league park. Mr. Noble stated he did not have any plans to build a ballpark. December 10, 1979 Page 7 RECESS BACK TO ORDER PUBLIC HEARING FOR PZ 79-41, REQUEST OF CHARLIE DAVIDSON AND ROBERT NOBLE TO REZONE TRACT 2A, ABSTRACT 1625 AND LOT 4 E120'3, BLOCK N, SMITHFIELD ADDITION FROM AGRICULTURE TO 2F- 9 TWO FAMILY DWELLING Councilman Cavanaugh asked if Tract A was zoned local retail. Mr. Noble stated Tract A was zoned agricultural. Councilman Cavanaugh asked the City Attorney if it would be legal for Mr. Noble to give the city access to Tract A to use as a park and the city lease the Tract. City Attorney McEntire stated it would be legal for the city to lease the property. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. DickBertheaume, 8409 Randy Drive, appeared before the Council. Mr. Bertheaume asked the Council if the people that lived within 200 feet of the property signed a petition and more that 75% of the people signed against the zoning, would the Council be obligated to vote against the request. Mayor Faram advised Mr. Bertheaume that if 20% of the homeowners within 200 feet of the property being rezoned and if the petition had been presented by Thursday noon prior to the Council meeting on Monday, then it would be considered a valid petition and would change the voting structure to pass the request. Mr. Bertheaume stated he had a petition that contains the signature of seven people within the 200 feet and about 180 outside of the 200 feet and he would like to ask the Council to postpone this request for thirty days or until the next Council meeting to give them a chance to present the petitions. Mayor Faram stated the request for postponement was out of order at this time. Mr. Bertheaume stated that nineteen letters had been mailed out to people within the 200 feet. Mr. Bertheaume stated that out of the nineteen, one was returned, two were sent to renters, two sent out of town. Mr. Bertheaume stated that fourteen legitimate letters were sent. Mr. Bertheaume stated there were seven people present that signed the petition voicing their opposition to this request. Mr. Bertheaume stated more people would have attended tonight but for various reasons could not. Mr. Bertheaume stated there were already two duplexes in the subdivision and the builder had stated he would maintain them. Mr. Bertheaume stated the for sale sign went up on the duplexes before they were built. Mr. Bertheaume stated the appearance of the two existing duplexes were a problem. Mr. Bertheaume stated the yards were not kept and there was trash setting all around. December lO, 1979 Page 8 Mr. Bertheaume stated the traffic in the area was heavy and did not need the additional cars on Main Street that these duplexes would cause. Mr. Bertheaume stated he spoke for l80 people beyond the 200 feet distance and 20 within the 200 feet. Mrs. Raymond Groves, 6521 Chilton, appeared before the Council. Mrs. Groves stated she was speaking for the majority of the neighborhood. Mrs. Groves stated they felt the city needed to do more study on this situation. Mrs. Groves stated it seemed the only consideration that Smithfield got was for tax revenue. Mrs. Groves stated the City of North Richland Hills was moving toward Smithfield and they felt they should be given more credit than what has been given. Mrs. Groves stated the only time they heard from North Richland Hills was during election time. Mrs. Groves stated they felt a good traffic study of the area would be wise. Mrs. Groves stated if there was a disaster in the neighborhood between the hours of 7:45 A.M. and 9:00 A.M., and again at 3:30 P.M. and 4:15 P.M., no emergency vehicle could get in the area to help. Mrs. Groves stated as far as the duplexes, they did not need anymore promises like they had the last time when the duplexes were built in the area. Mrs. Groves stated they did not need the extra traffic, the extra people and the overcrowded conditions. Mrs. Groves stated they had a nice neighborhood and did not want it to look like a government housing addition. Mrs. Groves stated they felt the city needed to work on the existing problems and not add to them. Mrs. Groves stated a traffic light was needed at Davis and Main, the waterlines needed to be fixed so they could stand the pressure in the area, the streets and roads need attention and more pOlice control. Mrs. Groves stated this was just a few of the problems they had. Mrs. Groves thanked the Council for their consideration and asked that they go with the homeowners as a whole who had more interest in the area than one developer could have. Mr. Tim Austin, 8405 Main, appeared before the Council. Mr. Austin stated that in the mornings the school traffic was so bad it took five to ten minutes for him to get out of his drive. Mr. Austin stated it was his understanding that the Junior High in North Park Estates was going to expand and that would put more cars and traffic on the streets. Mr. Austin stated if the duplexes were built it would cause more traffic. December 10, 1979 Page 9 December 10, 1979 Page 10 Mr. Carl Reuther, Birdville School District, appeared before the Counci I. Mr. Reuther stated his concern was the tract that was not going to be developed. Mr. Reuther stated the property could be used to build a convenient store and it would cause the students to be late for school. Mr. Reuther stated it would be dangerous for a store so close to the school. Mr. Don Fryer, 6505 Riddle, appeared before the Council. Mr. Fryer stated that at the first meeting before the Planning and Zoning meeting the room was packed with residents from the Glenann Addition and the majority of the people were disappointed because the Planning and Zoning Commission was not listening to what the people had to say. Mr. Fryer stated the Council could see by the petitions against the zoning for duplexes that the residents did not want them. Mr. Fryer stated he realized you had to start somewhere, but he felt the people in the area had progressed to a point and they were stable. Mr. Fryer stated he wished the Council would consider what was beneficial to the citizens of Glenann Addition and he did not feel duplexes would be beneficial to the area. Mr. Richard Trister, 8409 Glenann, appeared before the Council. Mr. Trister stated duplexes tend to have transient occupants and did not keep the property up. Mr. Trister stated transient type people would not stay long and the property would deteriorate. Mr. Larry Blalock, 840l Glenann, appeared before the Council. Mr. Blalock stated he was in opposition of this request. Mr. Blalock stated he lived within 200 feet of the property in question. Mr. Lawrence Flach, 8405 Glenann, appeared before the Council. Mr. Flach stated one thing he would like to bring out was the fact the Junior High was nearby and some of the duplexes would be vacant, and it would be very tempting to the students to use this as a meeting place. Mr. Flach stated the duplexes would add to the existing traffic problem. Susie Rydell, 8408 Randy Drive, appeared before the Council. Ms. Rydell stated she did not like the small tract not being zoned with the rest of the property. Ms. Rydell stated there were small children that play in that area and with the duplexes being built the tract would be a place for trash to gather. Mrs. A. J. James, 8408 Donna, appeared before the Council. Mrs. James stated she would like to invite the Council out to view the duplexes that were currently in the neighborhood. Mrs. James stated the duplexes were not up to the housing standard of the neighborhood. December 10, 1979 Page II Mr. Larry Hanes, 8400 Randy Drive, appeared before the Council. Mr. Hanes stated he lived within 200 feet of the property in question and he was against the duplexes. Mr. Hanes stated he did not want rental property. Mayor Faram called for anyone else wishing to speak to please come forward, there being none Mayor Faram closed the Public Hearing. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval of this request. Councilman Cavanaugh moved, seconded by Councilman Cato, to deny PZ 79-41. CONSIDERATION AND APPROVAL OF ORDINANCE FOR PZ 79-4l DENIED l4. Councilman Cato stated one of the problems that came to mind on this request was the addition of approximately 34 more autos and families to what was already considered a traffic problem in the area and the duplexes would be adding to where the traffic problem conjestion occurs. Councilman Cato stated for this reason he could not justify in his mind this zoning request. Mayor Faram stated there were those that had spoken, primarily Mrs. Groves, that indicated that the area of Smithfield was a stepchild to North Richland Hills, the only time these politicianss were seen was at election time. Mayor Faram stat~d he was sorry that was the picture that had been conveyed. Mayor Faram stated some of what had taken place in the Smithfield area was that the city was trying desperately to get water into the upper plane; the Council had worked desperately to get Davis Blvd. improved, the utilities were in the process of being relocated and would be about ready to go to contract in January or February. Mayor Faram stated the Council was working very hard to get Rufe Snow improved and these things were for the benefit of Smithfield. Mayor Faram stated he took strong opposition to the fact there was even a Smithfield area and wished it could all be one city and establish one identity. Motion to deny carried 5-0. Councilman Cato asked if the Planning and Zoning Commission had acted on the plat for this request. Mr. Anderson stated the Planning and Zoning Commission had approved the plat and the Council needed to act on it. Councilman Cato moved, seconded by Councilman Wood, to add PS 79-73 to the agenda. Motion carried 5-0. Councilman Cato moved, seconded by Councilman Wood, to deny PS 79-73, plat for PZ 79-41. Motion carried 5-0. This action to be ratified at the January l4, 1980, City Council meeting. 15. Mr. Bob Brown, Attorney, Hopper & Chappell Law Firm, representing the owner of the National Convenience Store located at 5251 Davis Blvd., appeared before the Council. Mr. Brown stated that on August 30, 1979, they filed for a Specific Use Permit, beer for off-premise consumption, and the Planning and Zoning Commission denied the request on September 27, 1979. Mr. Brown stated prior to the Council meeting of October they asked for an appeal hearing from the Council and the request was denied. Mr. Brown stated he was told the reason the request was denied was because no one was present to represent them. Mr. Brown stated they did not know anyone needed to be present at the meeting. Mr. Brown stated he was asking the Council to reconsider the appeal hearing. Mayor Faram stated it was not normally the policy of the Council to deny appeal hearings. Mayor Faram asked if this zoning request was under litigation. Mr. Brown replied yes it was under litigation. Mayor Faram asked if it was now under litigation. Mr. Brown stated this application was not under litigation but the application filed in 1973 was under litigation. Mayor Faram stated that based on the recommendation of the City Attorney the Council would grant the appeal hearing. Councilman Mills moved, seconded by Councilman Wood, to grant an appeal hearing to National Convenience Stores for January l4, 1980. Motion carried 5-0. 16. Mr. Wayne Goodman, 7825 Maplewood, appeared before the Council. Mr. Goodman stated he had lived in North Richland Hills for 21 years and was a taxpayer. Mr. Goodman stated his concern was that a business was being operated at 7817 Maplewood Drive. The business was North Richland Hills Pre School. Mr. Goodman stated he would like to present to the Council a petition signed by all the prople that lived in the 7800 Block of Maplewood who objected to this operation. Mr. Goodman stated not only did he feel this operation was illegal it was also hurting the property. Mr. Goodman stated the taxes were goinQ up and the property was dropping in value. December 10, 1979 Page 12 PS 79-73 DENIED REQUEST OF NATIONAL CONVENIENCE STORES FOR RE-CONSIDERATION OF APPEAL REARING CITIZENS PRESENTATION BUSINESS OPERATED IN RESIDENTIAL ZONING - MR. WAYNE GOODMAN December 10, 1979 Page 13 Mr. Goodman stated there was also a dangerous traffic problem because of this operation. Mr. Goodman stated there was a large beat-up sign in the front yard and a .commercial dump also. Mr. Goodman stated he would like for the Council to turn this over to the Director of Public Works, Mr. Anderson, to investigate it and make a recommendation to the Council. Mayor Faram asked Mr. Goodman if he had filed this complaint with the City Staff before. Mr. Goodman stated he had a meeting with Mr. Anderson about it. Mayor Faram asked if the Staff was aware there was a violation at the time. Mr. Goodman replied yes. Mr. Anderson stated that in 1969 the Board of Adjustment granted a variance to William B. Haley to operate a day care center on the property. At the time the Hays were living .in the house. The actual use was still residential although the keeping of more than four children was a violation of the City Ordinance, so the Board of Adjustment gave them a variance. Because of the number of children being kept, the County got upset because there were inadequate restaurant facilities. In about 1970 or 71 a building permit was applied for to convert a washroom into a restaurant facility. That permit declares the primary use of the property as residential. Sometime later the people moved out of the house and there was no longer any residential use going on and the entire structure is being used for commercial purposes all under the original variance that was granted. Mr. Anderson stated that also since the variance was granted, the property had changed ownership. The owners sold the property to their daughter and it is not clear from the file whether the variance was granted to the people or to the property. Usually the Board of Adjustment grants variances to people rather than property. Mr. Anderson stated the zoning was good only if the owners owned the property at the time of the variance. The property changed hands and this questions the legality of the permit. The owners claim they checked with the zoning clerk at the time they bought the property and were assured it was zoned commercial. The prpperty is residential and always has been. Mayor Faram asked how many children were being kept. Mr. Goodman replied it was hard to tell, probably about 30 children. City Attorney McEntire asked if anyone had checked with the State on registration and license. Mr. Anderson statèd no. Mayor Faram asked the City Attorney if there was anyway the city could shut the operation down. City Attorney McEntire stated it appeared they were in violation. Mayor Faram asked how large the house was. Mr. Goodman stated the house was approximately 1600 square feet. Mayor Faram instructed the City Staff to check into this operation and see about shutting it down. 17. Councilman Cato advised the Council this was the difference in the grant for the Airport Study. This would be the final bill. Councilman Cato moved, seconded by Councilman Wood, to approve payment to Forrest and Cotton in the amount of $l53.99, funds to come from 1979-80 General Fund Surplus. Motion carried 5-0. 18. Councilman Freeman moved, seconded by Councilman Cavanaugh, to approve payment to Texas Bitulithic Company in the amount of $15,l59.23, funds to come from General Fund Reserve. Motion carried 5-0. 19. Councilman Freeman moved, seconded by Councilman Cavanaugh, to approve the change order and payment of $7,511.85, funds to come from Utility Surplus. Motion carried 5-0. 20. Councilman Freeman moved, seconded by Councilman Cavanaugh, to approve payment to Circle "C" in the amount of $26,211.60, funds to come from Utility Surplu~. Motion carried 5-0. December 10, 1979 Page l4 CONSIDERATION AND APPROVAL OF PAYMENT TO FORREST AND COTTON FOR AIRPORT STUDY IN THE AMOUNT OF $153.99 APPROVED CONSIDERATION AND APPROVAL OF PAYMENT TO TEXAS BITULITHIC COMPANY IN THE AMOUNT OF $l5,l59.23 EMERALD HILLS STREET AND DRAINAGE IMPROVE- MENTS APPROVED CONSIDERATION AND APPROVAL OF CHANGE ORDER AND PAYMENT ON MISCELLANEOUS UTILITY ADJUSTMENTS ON DAVIS BLVD. IN THE AMOUNT OF $7,5l1.85 APPROVED CONSIDERATION AND APPROVAL OF PAYMENT TO CIRCLE IIC" IN THE AMOUNT OF $26,21l.60 FOR BIG FOSSIL CREEK TRUNK SEWER PHASE II APPROVED 21. Councilman Cavanaugh moved, seconded by Councilman Wood, to approve Ordinance amending Ordinance NO. 179. Councilman Wood asked why this change was being asked for. Mr. Anderson stated the ordinance was not clear for drive-in restaurants and this would clarify the section. Mayor Faram asked if the Planning and Zoning Commission had approved the ordinance. Mr. Anderson stated the Planning and Zoning Commission had approved the ordinance. Councilman Wood stated he did not feel there were enough facts to approve the change. After further discussion, motion to approve failed by a vote of 4-l; Councilmen Cato, Mills, Cavanaugh and Wood voting against; Councilman Freeman voting for. 22. Councilman Freeman moved, seconded by Councilman Cavanaugh, to approve payment to Walker Construction Company in the amount of $69,300.00, funds to come from Revenue Sharing. Councilman Cato requested the Architect be present the next time a payment was requested. Motion carried 5-0. 23. Councilman Freeman moved, seconded by Councilman Wood, to approve payment to Larry Dixson in the amount of $1,000.00, funds to come from Revenue Sharing. Motion carried 4-1; Councilmen Freeman, Mills, Cavanaugh and Wood voting for; Councilman Cato voting against. 24. Mayor Faram asked for a motion to postpone this item because it was not in compliance with the advertising requirements. Councilman Freeman moved, seconded by Councilman Wood, to postpone this item. Motion carried 5-0. 25. Councilman Freeman moved, seconded by Councilman Wood, to approve the'Class Code 209 and 270. December lO, 1979 Page l5 CONSIDERATION AND APPROVAL OF ORDINANCE AMENDING 'ORDINANCE NO. 179 (ZONING ORDINANCE) CONCERNING DRIVE-IN RESTAURANTS DENIED CONSIDERATION AND APPROVAL OF PAYMENT TO WALKER CONSTRUCTION COMPANY IN THE AMOUNT OF $69,300.00 ON CENTRAL FIRE STATION APPROVED CONSIDERATION AND APPROVAL OF PAYMENT TO LARRY DIXSON, ARCHITECT, IN THE AMOUNT OF $l,OOO.OO FOR SERVICES RENDERED ON CENTRAL FIRE STATION APPROVED CONSIDERATION AND APPROVAL OF RESOLUTI ON CONDEMNATION ON BURSEY ROAD (FRISQUE PROPERTY) POSTPONED CONSIDERATION AND APPROVAL OF SPEC- IFICATIONS FOR CLASS CODE 209, BUILDING OFFICIAL AND CLASS CODE 270, COMMERCIAL BUILDING INSPECTOR APPROVED Councilman Mills asked what the reason for the change was. Mr. Anderson stated the change was in title only to go along with the recently adopted Building Code. Councilman Cato asked if both positions now existed, or was a third being added or is it just changing the titles. Mr. Anderson stated this was a title change for the Building Inspector and the Commercial Inspector was an addition. Councilman Cato asked if the Commercial Inspector was in the present budget. Mr. Anderson stated the Commercial Inspector position was approved in the 1979-80 Budget Worksession. Motion to approve carried 5-0. 26. Councilman Cato stated basically the change in this ordinance was changing agenda cut-off time from Thursday, Noon, to Wednesday at 5:00 P.M. Also, section 9.1, 9.2 and 9.3 Expense Reports added to this section. Councilman Cato moved, seconded by Councilman Mills, to approve Ordinance No. 892. Motion carried 3-2; Councilmen Cato, Mills and Cavanaugh voting for; Councilmen Freeman and Wood against. 27. Councilman Mills moved, seconded by Councilman Wood, to approve Resolution No. 79-28. Motion carried 5-0. 28. City Attorney McEntire stated that in Pre-Council the Council added lithe Corporation shall not be authorized to hold legal title to real estate within the City of North Richland Hills, Texas.1I Councilman Freeman stated he would like to see the Council not name a person, but a position, for one of the Directors to be a member of the Council to act as liaison agent so the Council would have knowledge of what the Directors were doing. December 10, 1979 Page 16 CONSIDERATION AND APPROVAL OF ORDINANCE AMENDING ORDINANCE NO. 318, COUNCIL RULES OF PROCEDURES APPROVED ORDINANCE NO. 892 CONSIDERATION AND APPROVAL OF RESOLUTION ON CURB, GUTTER, SIDEWALKS, STORM DRAINAGE AND PAVING APPROVED RESOLUTION NO. 79-28 CONSIDERATION AND APPROVAL OF PETITION FOR CREATION OF NORTH RICHLAND HILLS INDUST- RIAL DEVELOPMENT CORPORATION APPROVED December 10, 1979 Page 17 Mayor Faram stated an exofficio, but not as a voting member. Councilman Freeman stated he had rather see a voting member. Councilman Wood asked Councilman Freeman if he was thinking of a three or five member Board. Councilman Freeman stated he would like to see a five member Board. After further discussion, Councilman Freeman moved, seconded by Councilman Cato, to approve Resolution No. 79-29, with the following changes: "Articles of Incorporation, Article 8, change from five Directors to seven, six of whom would be appointed by the Governing Body and one of whom shall be a member of the Governing Body. Article II, Section 1, Bylaws, change from five members to seven; terms of office shall be six years, Council Member Director to be appointed in May of each even numbered year. The names of the Directors to be determined before January l4, 1980. Motion carried 5-0. Mayor Faram stated the Council needed to have a worksession to clear up various odds and ends. Mayor Faram set a worksession for December 17, 1979, at 7:00 P.M. 29. Mayor Faram adjourned the meeting of December 10, 1979. / ADJOURNMENT /?I~~ Cffick Faram, Aayor