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HomeMy WebLinkAboutCC 1978-05-08 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, MAY 8, 1978 - 7:30 P.M. CALL TO ORDER Mayor Pro Tem Cato called the meetiing to order May 8, 1978, at 7:30 pm. ROLL CALL PRESENT: Mayor Pro Tem Councilmen Councilwoman James F. Cato Denver Mi 11 s George Conant, Jr. Sidney Cavanaugh Dave Freeman Lena Mae Reeder STAFF PRESENT: City Manager City Secretary City Engi neer City Attorney Director Public Works Deputy Court Clerk M. E. Riddle Jeanette Moore Dick Perkins Rex McEntire Ray H. Britton Cindy Traweek PLANNING & ZONING COMMISSION: Forres t Grubb BOARD OF ADJUSTMENT: Jo Ann Williams CIVIL SERVICE COMMISSION: Tim Moore ABSENT: Mayor Tom E. Newman INVOCATION The invocation was given by Councilwoman Reeder. APPROVAL OF MINUTES Approval of Minutes of the April 24, 1978, Meeting Councilman Conant moved, seconded by Councilman Mills, to approve the minutes of the April 24, 1978~ meeting. Motion carried 5-0. RESOLUTI ON 78-7 Resolution canvassing the run-off election held May 3, 1978 Mayor Pro Tem C~to read the following Resolution: I WHEREAS, on the 3rd day of May, 1978, being the first Wednesday in May, the run-off election was held within the corporate limits of the City of North Richland Hills, Texas, for the election May 8, 1978 Page 2 of Mayor, City Councilman Place Three and City Councilman Place Four. WHEREAS, the following candidates for Mayor, City Councilman Place Three and Councilman Place Four plus any write-in candidates received the number of votes shown opposite their names as follows: CANDIDATES OFFICE TOTAL Dick Faram Mayor 696 Leroy Teehee 227 James T. Wood City Counci 1 583 Charles Porter Pl ace 3 312 R. P. Vi na 1 City Council 333 John Michener Place 4 542 WHEREAS, as provided in the City Charter of the City of North Richland Hills, Texas, it is the duty of the City Council to canvass the returns and declare the results of said election; and it appearing that the following candidates shòuld be declared elected to the office indicated: OFFICE DULY ELECTED OFFICIAL Mayor Councilman Place 3 Councilman Place 4 Dick Faram : James T. Wood John Michener, Jr. BE THEREFORE RESOLVED by the City Council of the City of North Richland Hills, Texas, that the following candidates for Mayor, Councilman Place Three and Councilman Place Four received a majority number of votes cast, be and is hereby declared elected to Mayor, Councilman Place Three and Councilman Place Four named below for and during the term of two years and until the next duly constituted election is held in said City, being the first Saturday in April, 1980. OFFICE DULY ELECTED OFFICIAL Mayor Councilman Place 3 Councilman Place 4 Dick Faram James T. Wood John Michener, Jr. May 8. 1978 Page 3 PASSED AND ADOPTED this 8th day of May, 1978, there being six Council persons present and six Councilpersons voting for the passage and adoption hereof and no Councilpersons voting against the passage and adòption hereof. Councilman Mills moved, seconded by Councilwoman Reeder, to approve Resolution 78-7. Motion carried 5-0. SEATING OF COUNCIL Swearing in of Mayor Faram, Councilman Wood and Councilman Michener City Attorney McEnti re admi ni stered the following Oath of Office: I, , do solemnly swear (or affirm) that I will faithfully excure the duties of the office of (City Councilman or Mayor) of the City of North Richland Hills, State of Texas, and will to the best of my ability, preserve, protect, and defend the Constitution and laws of the Unitied States and of this 5tate; and I futhermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to pay contributed nor promised to contribute any money, or valuable thing, or promised any public office or employment as a reward for the giving or withholding a vote at the election at which I was elected. So help me God. Mayor Pro Tem Cato turned the meeting over to Mayor Faram. Mayor Faram presented outgoing Councilman George Conant with a plaque and thanke~ him for having done a great job. RESOLUTION 78-8 Election of Mayor Pro Tem Councilman Mills moved, seconded by Councilman Freeman, to elect Councilman James Cato as Mayor Pro Tem. Motion carried 6-0; Councilman Cato abstaining. Approval of Resolution authorizing the Mayor and Mayor Pro Tem to sign City Checks Mayor Pro Tem Cato moved, seconded by Councilman Freeman, to ap'prove Resolution 78-8. Councilman Mills stated if we had a situation where the Mayor and Mayor Pro Tem signed a check, he felt a member of the City Staff should sign with the Mayor or Mayor Pro Tem. ELECTION MAYOR PRO TEM · May 8, 1978 Page 4 City Attorney McEntire stated this was covered by the Charter. Motion to approve carried 7-0. Mayor Faram asked all the Council members to introduce their families. A ten minute recess was called. APPEAL HEARING PZ 78-1 Mayor Faram called the meeting back to order. The same Council members and Staff was present as recorded at the beginning of the meeting. Appeal hearing on case PZ 78-1, Alice Nunley requesting zoning from IF-12 to 2F-9 Mayor Faram opened the public hearing and called for anyone present wishing to speak for this case to please come forward. Mrs. Alice Nunley, owner of the property appeared before the Council. Mrs. Nunley stated the property in question was not suitable for putting a single family dwelling on, she wants to build tluplexes on the lot. Mrs. Nunley stated they would not look like duplexes. Mrs. Nunley stated she had a letter from Mrs. Teehee stating this would devalue the surrouning property, Mrs. Nunley had been advised by Bankers and apprasers it would increase the value. Mrs. Nunley stated she had letters from people who were for the building of the duplexes. Councilman Mills asked Mrs. Nunley if she was going to build only one duplex. Mrs. Nunley stated she wanted to build two. Councilman Mills asked Mrs. Nunley 'what direction the duplexes would face. Mrs. Nunley stated the east side would front on Grapevine Highway. There would be no on street parking. Councilwoman Reeder asked the square footage of the düplexes. Mrs. Nunley replied approximately 2700 square feet. Councilman Freeman asked if this was the square footage on both units. · Mrs. Nunley replied it was both units. Councilman Wood asked Mrs. Nunley what the square footage of the homes in the area. Mrs. Nunley replied hers was 1800. Councilman Freeman asked Mrs. Nunley about the deed restrictions. Mrs. Nunley replied with 60% of the people in Richland Oaks Addition the restrictions could be changed. Councilman Freeman asked Mrs. Nunley if she thought she could get 60% of the people to sign a petition. Mrs. Nunley replied she could. Mayor Pro Tem Cato adivised the Council the law would not allow the Council to give consideration to deed restrictions. This would be a civil matter. Mrs. Nunley advised the Council her builder was with her tonight. Mr. Glen Rose, Builder, appeared before the Council. Mr. Rose stated he had built a duplex in Arlington Heights and had no problems with the people in the neighborhood. Councilman Cavanaugh asked Mr. Rose the occupancy ra te. Mr. Rose replied about 3 years. Councilman Woods asked why he built in Arlington Heights in a residental area. Mr. Rose stated the lot in Arlington Heights had a swer line in front and people were under the impression no one could build on the lot. He stated he went to the City and got the easements all strightenedout and built the duplex. Councilman Woods asked if there was any restictions on the lot. Mr. Rose stated the lot was already zoned for duplexes. Councilman Woods asked Mr. Rose in his opinion what would the lot in North Richland Hills be best suited for. May 8, 1978 Page 6 Mr. Rose stated he felt the lot was best suited for a duplex or some type of business. The duplex he planned on building cost approximately $70,000. Councilman Mills asked Mr. Rose if he would be willing to certify the duplex he had shown pictures of would be the one built. Mr. Rose stated he would. Mr. Robert Evans, 4332 Aspen, appeared before the Council. Mr. Evans advised the Council he owned the lot next to Mrs. Nunley. He stated he was in favor of the duplex being built. He advised he !could not see how building a $70,000.00 duplex could de-value the property around it. Mayor Faram called for anyone present wishing to speak ðganist this case to please come forward. Mrs. Orell, 5141 Jennings, appeared before the Council. She stated she moved from a neighood because of rent property. She did not want a duplex built on this lot. Councilwoman Reeder asked Mr. Orell if she had seen the pictures of the duplex. Mrs. Orell stated she had not. Councilwoman Reeder asked if she wanted to see them. Mrs. Orell stated Mrs. Nunley could use the lot like the other homeowners in the area. Use it for privacy. Councilman Freeman asked Mrs. Orell where she lived in relation to Mrs. Nunley's property. Mrs. Orell stated she lived south of the property. Mrs. M. Byrd, Dude Court, appeared before the Council. Mrs. Byrd stated she had moved from Richland Hills because a business had been built behind them. She did not want the duplex built on this lot. Mrs. Byrd stated she had a petition signed by the people in the neighborhood against the duplexes. May 8, 1978 Page 7 Mrs. Byrd stated it was against Deed restrictions also. Mayor Pro Tem Cato asked Mrs. Byrd if she was aware this property faced Grapevine Highway and could she tell the Council what other use this property could be used for. Mrs. Byrd stated Mrs. Nunley had told her when she bought the property she wanted it so she could protect her home and nothing could be built on it. Mrs. Byrd stated Grapevine Highway was already a traffic hazard and this duplex would partly block the view when trying to get on the Highway. Councilman Wood asked who the previous owner was. Mrs. Byrd replied Dr. Jennings. Councilman Wood asked Mrs. Byrd what she thought the property was best suited for. Mrs. Bryd asked Councilman Wood if he had been out and looked at the property. Councilman Wood replied he had. Mrs. Byrd stated anything that was built on the lot would cause a traffic hazard. Mr. Wayne Mashburn, 5116 Jennings, appeared before the Council. Mr. Mashburn stated he lived across the street from Mrs. Byrd on Dude Court. He stated he was asking the Council to deny this request. Mr. Mashburn stated he bought in this area because of the large lots. If everyone that lived there built on the extra lots it would ruin the neighborhood. Mr. Josh Davis, 5901 Jennings, appeared before the Council. Mr. Davis stated he was just south of the lot in question. He stated he had only lived here since September. He purchased his home because of the large lot. If the Council approved this case he felt it was spot zoning. Mr. J. J. Kurtin, 5137 Jennings, appeared before the Council. Mr. Kurtin stated he bought his home there because of the beautfu'l neighborhood. He wanted to go on record as opposing the duplex. May 8, 1978 Page 8 Mr. Graham, 5120 Jennings appeared before the Council. He stated he was opposing the duplexes also. He stated he did not want renters. He stated Mrs. Nunley could beautify the lot. Allen Chappin, 5144 Jennings, appeared before the Council. He stated he lived across the street from this lot. Mr. Chappin stated in answer to the question asked what he would do with the lot, he would beautify the lot. He stated the drive would be between Mr~. Nunley's house and the duplex, this would create a noise problem. There would undoubtedly be on street parking. Mayor Faram called for anyone else wishing to speak. There being none, Mayor Faram closed the Public Hearing. Councilman Woods moved, seconded by Councilman Cavanaugh, to deny PZ 78-1, request of Alice Nunley. Mayor Pro Tem Cato asked the Crty Attorney if there was a petition. City Attorney McEntire stated we did. Mayor Pro Tem Cato reminded the Council they must have 3/4 of the Council to vote. Mayor Pro Tem Cato asked the City Attorney if he considered this spot zoning. City Attorney McEntire replied he did not it was nèxt to the Highway. Councilman Freeman asked the City Attorney what criteria the Council needed to look at since they had no control over deed restrictions. City Attorney McEntire stated that in all sincerity the Court would grant the request. Since that was the highest and best use of the property. Motion to deny carried 7-0. PLANNING & ZONING PZ 77-31 and 32 Appeal hearing on Case PZ 77-31 and 32, Doyle Fincher requesting zoning from Agriculture to Commercial and Local Retail to Commercial Mayor Faram opened the public hearing and called for anyone present wishing to speak for this case to please come forward. May 8, 1978 Page 9 Mr. Doyle Fincher, Little Ranch Raod, owner of the property, appeared before the Council. Mr. Fincher stated the property was located on the corner of Odell and Smithfield Road. The house faces on Odell and the lot next to it is vacant. Mr. Fincher stated at one time he wanted to put in a real estate office but it would cost too much to bring the house up to standards. He stated his son 'had an air conditioning business and needed some place to store the air conditioners, to do this the property has to be zoned commercial. Mr. Fincher stated this would not be a junk place, it would be an improvement. Mayor Faram called for anyone wishing to speak against this case to please come forward. . Mr. Charles Levertion, 7816 Odell, appeared before the Council. Mr. Leverton stated there had been a petition presented at the Planning and Zoning meeting. The Planning and Zoning Commission had denied this request. Mr. Levertion stated this was basically a residential area. Most of the residents have lived there all their lives. This is a single family area and he wanted to keep it that way. Mr. Levertion stated he would not object to a small business, but commerci a 1. Mayor FaralJl closed the pub 1 i c heari ng. Councilman Mills movedt seconded by Councilman Freeman, to deny PZ 77-31 and 32. Councilman Mills asked the City Attorney if a petition had been received. City Attorney McEntire replied a petition had not been received. Motion to deny carried 7-0. PLANNING & ZONING PZ 78-15, 16, 17, 18 & 19 Appeal Hearing on cases PZ 78-15t 78-16, 78-17, 78-18 and 78-19, Cambridge Development Corp., requesting zoning from Agriculture Industrial and Multi-Family to IF-8 Mayor Faram Qpened the public hearing and called for anyone present wishing to speak for this case to please come forward. May 8, 1978 Page 10 Mr. Bill Pearson, appeared before the Council representing the owner of the property. Mr. Pearson stated they had modified their request since the Planning and Zoning meeting to 1400 square feet on the hömes. Mr. Pearson stated this property was ready for development. All city utilities were avaiable. Mr. Pearson advi sed they had checked wi th FHA on insurance because of the railroad next to the property and there would be no difference on the insurance. Mayor Faram stated there had been no provisiäns for recreation facilities in the development. Councilman Cavanaugh advised that in the Planning and Zoning minutes on these cases they were asked to build 1400, anrl refused. Now they were willing to build 1400. Cavanaugh asked where the children in the development would play. Mr. Pearson stated that Fort Worth had a policy that so much of the development was donated as park land. Councilman Freeman asked Mr. Pearson if the reason he built in North Richland Hills was because park land did not have to be donated. Mr. Pearson stated it was not, he did not know it was so important. Mayor Pro Tem Cato asked Mr. Pearson if he was aware North Richaland Hills was trying to bring in industry. We have joined other cities to bring in lignt industrial. Therefore, the city hates to give up industrial zoned property. Mayor Pro Tem Cato asked Mr. Pearson if they had looked at the possibility of building industry. Mr. Pearson stated they were not indusrtial buil ders. Councilman Michener asked Mr. Pearson the price of the homes. Mr. Pearson replied approximately $32,000 to $35,000. Counc il mam Mïchener as ked wha t type of income would this be. f1ay 8. 1978 Page 11 Mr. Pearson replied around $15,000. Mr. David Shears, 4560 Bletline Road. Dallas, appeared before the Council. Mr. Shears stated that about 10 years ago they sold the property to some people who tried to get the property zoned industrial. They could not get it zoned so they gave it back to Mr. Shears. t1r. Shears stated that to the north of the property it was mostly zoned multi-family. In the past 10 years several of the acres had been developed as residentiàl on three sides of the property. Mr. Shears stated he felt the highest and best use of the property was residential. Mayor Fat'am called for anyone present \vishing to speak agains~this case to please come forward. Mrs. Kathy Robinson. 6463 Chilton. appeared before the Council. Mrs. Robinson stated the City had allowed 1400 square foot homes to be built on Chapman Road and it looked bad now. She stated something needed to done to bring new development up to 1500 square feet. Mayor Faram closed the Public Hearing. Councilman Freeman moved, seconded by Councilwoma Reeder, to deny PZ 78-15, PZ 78-16, PZ 78-17. PZ 78-18 and PZ 78-19. Councilman Cavanaugh stated he would like to thank Mr. Pearson for the professional way he presented the case. This Council did not discourage his efforts in the City and encouraged t1r. Pearson to come back \'/ith somethi ng better. Motion to deny carried 7-0. RECESS Mayor Faram called a five 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. PLANNING AND ZONING PZ 78-9, ORDINANCE 706 Planning and Zoning, PZ 78-9, request of Wayne A. Suchman to rezone from agiculture to IF-9-17, One Family Dwelling Mayor Faram opened the Public Hearing and called for anyone wishing to speak for this case to please come f?rward. Mayo 8, 1978 Page 12 Mr. Wayne A. Suchman, 1217 Crestview, Hurst, appeared before the Council. Mr. Suchman stated he had bought the property about three years ago. He went to get a building permit and found it was zoned agriculture. He did not have the money to put in drainage and crub and gutter. Mr. Suchman stated he sti1l did not have the money, the reason he was having the property zoned was so he could sell it and the purchaser would not have the problems he did. Mr. Suchman asked the Council if IF-9-17, meant 1700 square feet. Mayor Faram replied it did. Mr. Suchman stated he did not realize it meant 1700 square feet. Mayor Faram advised Mr. Suchman he could withdraw his request and go back to Planning and Zoning requesting less footage. Mayor Pro Tern Cato stated it could go back to Planning and Zoning without any fees being charged. c.i. ty Manager Ri.ddle. s:ta.te.d. tile. ne.~ CWlJ.e.r could ask for less footage. Mr. Britton stated he wanted to clairfy that if the zoning was approved before a building permit was issued the drainage and crub and gutter would have to be paid. Mr. Suchman stated he was aware of this. Mayor Pro Tern Catomoved, seconded by Councilwoman Reeder, to approve PZ 78-9, Ordinance 706. Motion carried 7-0. PLANNING & ZONING PS 78-26 Planning and Zoning, PS 78-26~ request of Vorelco Corp., for final plat of Lot 1, Block 10, Richland Heights Addition Mayor Faram asked Mr. Britton if he recommended passing the plat. Mr. Britton stated he did. Councilman Mi1ls moved, seconded by Councilman Cavanaugh, to approve PS 78-26, subject to - all comments in the Engineers letter. Motion carried 7-0. May 8, 1978 Page 13 APPOINTMENT Appointment of five (5) members to the Library Board Mayor Faram recommended the reappointment of Mr. Ron Smotherman and Mrs. Charles Brinkley; the appointment of Mr. S. K. Baker, Dr. Norman Ellis and Mrs. Jan Davis. Councilman Freeman moved, seconded by Councilwoman Reeder, to approve the Mayor's recommendation. Motion carried 7-0. SPECI FI CATI ONS Approval of plans ans sepcifications for utility adjustments and approval to put out for bids on Grapevine Highway City Engineer Perkins advised the Council they had authorized the relocation of manholes on Grapevine Highway sometime back. They need authorization to go out for bids. They plan to open the bids May 30, 1978, and award the bid the first meeting in June. PLANS AND SPECIFICATIONS WATER TANK Mayor Pro Tem Cato moved, seconded by Councilaman Freeman, to approve the plans and specifications on Grapevine Highway. Motion carried 7-0. Approval of Plans and specifications of bidding for ground storage tank City Engineer Perkins advised the-Council the plans and specifications were already approved, they needed to approve going for bids. PLANS AND SPECIFICATIONS WATER PUMP STATION Çouncilman Mills moved, seconded by Councilman Freeman, to approve going for bids for ground storage tank. Motion carried 7-0. Approval of plans and specifciations and bidding for water pump stat~on Councilman Mills moved, seconded by Councilman Freeman, to approve plans and specifications and bidding for water pump station. Motion carried 7-0. May 8, 1978 Page 14 Statement which is required with the cost not to exceed $2,200. MASTER PLAN ON PARKS Motion to approve carried 7-0. Approval to have City Engineers do a Master Plan on the new park site and construction plans for partial construction Councilman Freeman moved, seconded by Councilman Wood, to 'approve the Engineers doing a Master Plan. Councilman Mills stated all the city·s parks needed to be included in the Master Plan. Mayor Pro Tem Cato asked the Ci~y Engineer for an approximate cost. Mr. Perkins stated the bill on the preliminary would not exceed $7,500.00, and credited back on the basic fee as construction progresses. Councilman Freeman amended his motion to include all parks in the City. Mayor Pro Tem Cato asked Mr. Perkins what the cost would be to include all city parks. Mr. Perkins stated it would not exceed $10,000.00 for an the parks. Councilman Freeman asked if this would be funded by the grant. Mayor Pro Tem Cato repl i ed "it would -jf the grant was approved. Mr. Perkins asked the Council if they wanted him to go ahead or wait for the grant. City Manager Riddle stated the deadline on the grant was June 30, 1978. *to approve Rady and Associates to apply for Park Grant, cost of $2,200.00 and approve City Engineer to do a Master Plan on all parks not to exceed $7,700. ADJOURNMENT ATTEST: ':L~<?~dm 0J~~ nette Moore - City Secretary May 8, 1978 Page 15 After discussion, Councilman Freeman amended his motion to state*the mimiun work be done until the grant was approved, not to exceed $7,500. Motion carried 7-0. Mayor Faram adjourned the meeting of May 8, 1978. ~~ or ick Faram