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HomeMy WebLinkAboutCC 1978-06-12 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; JUNE 12, 1978 - 7:30 P.M. CALL TO ORDER Mayor Faram called the meeting to order June 12, 1978, at 7:30 p.m. ROLL CALL PRESENT: Mayor Councilmen Dick Faram Denver Mills Jim Wood John Michener Sidney Cavanaugh Dave Freeman Lena Mae Reeder James F. Cato Councilwoman Mayor Pro Tern STAFF PRESENT: City Manager Ci ty Secretary City Attorney Director Public Works M. E. Riddle Jeanette Moore Rex McEntire Ray H. Britton ABSENT: City Engineer /' Dick Perkins INVOCATION The invocation was given by Mayor Faram. APPROVAL OF MINUTES Approval of Minutes of the May 22, 1978. meeting Councilman Wood moved, seconded by Councilwoman Reeder, to postpone approval of the minutes due to typographical errors and other items which need to be clarified. Motion carried 7-0. WRECKER ORDIW\f!CE Approval or disapproval to change Wr~cker Ordinance, Mr. Jim Lane making request; Mr. Jim Lane, Attorney, representing Mr. Otis Gothard, appeared before the Council. Mr. Lane stated he was maRing a request for certain changes and additions in the present Wrecker Ordinance. The present ordinance allows that one police wrecker shall be maintained in the City limits of North Richland Hills or within one mile of the City limits at all times. The proposed ordinance change limits the - rotational pulls in the city to business operated wreckers that are operated and maintained . in the City of North Richland Hills. June 12, 1978 Page 2 Mr. Lane advised the Council he was proposing two additional paragraphs to the present ordinance. One is that all city vehicles will be towed free of charge, this will have to depend upon towing capacity of the vehicle to be towed, and primarily this is to give the city room to grow. Also added is a 2% franchise fee for payment to the City which would be calculated monthly and would be off the gross receipts from rotational pulls from within the city. Mr. Lane stated he was asking the City of North Richland Hills to allow the people that maintain and operate a wrecker service within the City of North Richland Hills to be primarily the people used, or in fact the people used on the rotational pulls. Mr. Lane stated they were not trying to preclude anyone from doing business as long as they are maintaining, operating and meeting the requirements of the ordinance.. Mr. Lane advised that his clients, if this type of ordinance is changed and approved by the Council, will maintain a centralized storage facility for the city. The economical benefits from the franchise fee is self explanatory, but the time saving and the easy method by which the Police Chief and officers will know where the vehicles are being stored with a central pound situation will benefit the' city. . Mayor Pro Tern Cato advised Mr. Lane that part of his presentation was to keep the wrecker service confined to the city limits of North Richland Hills, did Mr. Gothard intend to moVe his wrecker in the city. Mr. Lane stated Mr. Gothard would have to meet1the qualifications of the ordinance. Mr. Gothard and Mr. Pay tor will enter into a business relationship if the change is approved. Mr. Gothards. storage is presently located in the city limits. Councilman Cavanaugh asked Mr. Lane if he had an estimate of revenue the city would gain by the 2% franchise fee. Mr. Lane replied he did not. Mr. Lane stated that the Police Department and Wrecker Companies must maintain a record of each rotational pull. It would be easy to calculate the 2% of the gross from the rotational pulls. June 12, 1978 Page 3 Councilman Michener asked what problems we had in the way the ordinance is presently written ,and would these problems be corrected by the proposed ordinance. Mr. Lane stated that primarily there was no problem. Mr. Lane advised he felt the proposed ordinance would simplify the situation by being able. to centralize the storage area. There would be only two services pulling and they would combine their efforts into one large storage area. Mr. Lane stated his clients would prefer to have a direct contract with the city. Mr. Lane stated that some cities did have contracts with the cities. Councilman Freeman asked Mr. Lane if the charges for pulling a car would be included in the contract. Mr. Lane stated the fees would have to be stated in the contract. The contract would probably be written for a year with a review at the end of the year, or any changes pertaining to the rate charge. Councilman Freeman ðsked if there was a standard fee in'the wrecker business. Mr. lane referred the question to Mr. Gothard. Mr. Gothard stated the stnndard fee in North Richland Hills is $ 25.00. The fee is never changed without Council approval. Mr. Lane stated he felt the fee schedule should be submitted to the Police Chief or the City Council and any changes to be made would come back before the Council. Mayor Pro Tem Cato advised Mr. lane the proposed ordinance referred to rotational pulls only and not the wrecker business at large. Rotational pulls are initated by the Police Department with no preference stated by the people involved. Mr. Lane stated he was aware it pertained only to rotational pulls only. June 12, 1978 Page 4 Councilwoman Reeder asked if there was four wrecker services in the city that are suppose to be on rotation. Mr. Lane replied that was correct. Councilwoman Reeder stated that the city had two wrecker services in the city that had taken care of the city for a number of years. Councilwoman Reeder stated that if the proposed ordinance was approved, it would be freezing them out of the city. Mr. Lane stated he was not asking that anyone be frozen out of the city. He was simply asking that the proposed ordinace be approved and anyone who wished to do business, as far as rotational pulls, to meet the ordinance requirements. Mr. Lane stated that would require them to operate and maintain a wrecker in the City limits of North Richland Hills at all times. Councilwoman Reeder asked Mr. Lane if he had approached Richland Hills with the same type proposal. Mr. Lane stated he had not contacted Richland Hi 11 s. Councilman Mills asked Mr. Lane if he knew what the surrounding cities had in the way of a wrecker ordinance, ,or give the Council an example of how the other cities operated. Mr. Lane referred the question to City Attorney McEntire. City Attorney McEntire stated that some of the cities did have contracts. Councilman Mills asked if North Richland Hills was the only city that permitted wreckers from outside the city limits to come in to the city. City Attorney McEntire replied there were many, it is as varied as there are cities. Some do have direct contracts. June 12, 1978 Page 5 Councilman Mills advised Mr. Lane the Council had heard this same request about a year ago, what had changed in the interim that causes you to come back before the Council. Mr. Lane replied he did not represent Mr. Gothard and Mr. Praytor before. Councilman Mills asked Mr. Lane if he had a percentage that Mr. Gothard and Mr. Pay tor, generates as part of the rotational pulls.' Mr. Gothard stated about 15% in North Richland Hi 11 s. Councilman Mills asked if this included all four wrecker companies. Mr. Gothard replied that was his calls only. Councilman Mills asked Mr. Gothard if he was frozen out of any cities in the mid-cities area. Mr. Gothard replied he was frozen out of Hurst and Haltom City. Mr. Gothard stated he had written Haltom City a letter about making pulls in their city and received an answer that they were happy with the one wrecker service. Mr. Lane advised the Council that if they approved the proposed ordinance they would be simplifying things for the Police Department and would have a centralized storage area. Councilman Cavanaugh stated the City Attorney from Hurst was present and he would like to ask him to comment on the City of Hurst situation. CITY ENGINEER PERKINS NOH PRESENT. Mr. George Staples, City Attorney, Hurst~ appeared before the Council. Mr. Staples advised the Council he thought they should pass the proposed ordinance. Hurst has a contract with their wrecker service. Councilman Cavanaugh asked Mr. Staples if Hurst received a franchise fee. Mr. Staples replied they received a franchise fee. June 12, 1978 Page 6 Councilman Cavanaugh asked Mr. Staples if he knew what the franchise fee was. Mr. Staples replied 2% or 3%. Councilman Wood stated he would like for Mr. Lane to clarify Mr. Gothard's statement that these two wrecker services were not allowed to pull in Haltom City. Mr. Lane stated these two wrecker services were not allowed to pull in Hurst or Haltom City. Councilman Wood asked the City Manager if there had been any complaints on the city's rotational call service or any problems that he was aware of. City Manager Riddle stated he was not aware of any problems. Mayor Faram called for anyone else present wishing to speak on this item to please come forward. Mr. Eddie Parker, Parker Wrecker Service, appeared before the Council. Mr. Parker stated his business was located one-half mile east of the city limits. Mr. Parker stated he had been pulling in North Richland Hills since 1972 and knew of no complaints from the Police Department on the way he had conducted himself. Mr. Parker stated that if the City wanted to take him off the rotational list, he wished they could find a fault other than him being outside the city limits. Mr. Parker stated the proposed ordinance is a means t~ take two people who are working for a living off the list. Mr. Parker stated he was allowed to pull in Hurst and Haltom City on owners request. Mr. Parker stated he had approximately eight pUlls a month in North Richland Hills,most of these are drunks and abandoned cars. Mr. Parker stated he had talked with the City of Hurst and 10% of their calls are owners request. Mr. Parker stated this was not the case in North Richland Hills~ everything is supposed to be on a ratational basis except at owners request. Mr. Parker stated he averaged about eight calls per month. Mr. Parker advised thè Council he had talked with the Police Chief and asked if this could be a conflict of interest. Mr. Parker stated that in North Richland Hills over 50% of the pulls are owners request. Mr. Parker stated he believed in free interprise and felt the Council would do what was right. June 12, 1978 Page 7 Councilman Wood asked Mr. Parker when he made a rotational pull or pullèd an abandoned car, where did he store them. Mr. Parker replied at his place of business, one-half mile east of the city limits. Councilman Michener asked Mr. Parker if he would be willing to sign a contract with the city. Mr. Parker stated he would be willing to discuss a contract, but doubted if two wrecker services could handle the city in case of a crisis. Councilman Mills advised Mr. Parker he would like to have an answer to the 50% designated owner requests pulls. Councilman Mills asked Mr. Parker if this percentage was based on the other cities. Mr. Parker replied it was. Councilman Mills advised Mr. Parker the last time he appeared before the Council he had essentially the same charge and the Council asked him to have a meeting with the City Manager and that the City Manager handle this fairly without any kind of a possibility of a complaint. Councilman Mills asked Mr. Parker if he had· met wi th the City Manager as reques ted, and had there been an improvement. Mr. Parker stated he had met with the Police Chief. and showed him the reports on his pulls. About 90% of the pulls were after midnight. Mr; ::Parker stated thi s had been cQ>\,¡,rectèd. Councilman Mills asked Mr. Parker if he had actually talKed with some of the people requesting the wreckers. Mr. Parker replied he had. Councilman Freeman stated he had just received linformati on from the Pol i ce Department and there were 29 calls last month and each wrecker service got seven calls each. Mr. Parker stated this was rotational calls, not owners request. Mr. Parker stated he averaged ei ght pull s per month, very few are owners request. Mr. Parker stated he was only asking the Council to be fair in considering the ordinance change. June 12, 1978 Page 8 Mr. D. R. Denman, AA Wrecker Service, appeared before the Council. Mr. Denman stated he was the first wrecker that ever pulled in North Richland Hills. Mr. Denman stated he pulled for the Night Watchman before there was ever a Police Department. Mr. Denman stated for five or six years he picked up all the dogs and cats and never charged for it. Mr. Denman stated he never charged for pulling a city vehicle. Mr. Denman advised the Council he would like for the ordinance to stay as it is. Mayor Pro Tem Cato moved, seconded by Councilman Cavanaugh, not to change Ordinance No. 343, the present Wrecker Ordinance. Motion carried 6-1; Councilman Freeman voting against. VARIANCE BRICK ORDINANCE Approval or disapproval to use stucco on a garage, a variance to the Brick Ordinance. Mr. ,Wendell Williams making request Mayor Faram called for anyone present wishing to speak for this item to please come forward. Mr. Wendell Williams, 8132 Newman Drive, appeared before the Council. Mr. Williams stated he had lived on Newman Drive for 20 years. Mr. Williams stated he had a stucco fence around his house and on a portion of the hous, Mr. Williams stated he wanted to put stucco on his garage and under the ordinance stucco was not permitted. Mr. Williams stated he was in the stucco business. Mayor Faram asked Mr. Williams what type of material was on his house now. Mr. Williams stated it was brick except for one room. Mayor Pro Tem Cato asked Mr. Williams the size of the garage walls he wanted to stucco. Mr. Williams replied they were 20 X 30 X 20. Mayor Pro Tem Cato asked Mr. Williams if the garage was attached. Mr. Williams stated two walls, almost three walls were attached. .::T(., Ii <!.- r-.y 12, 1978 Page 9 Mayor Pro Tem Cato asked Mr. Williams if he had talked to any of his neighbors and did they had any objections to him using stucco. Mr. Williams stated he did not have any objections from anyone. Councilwoman Reeder asked Mr. Williams when the garage was closed in would it be bricked or would he use stucco. Mr. Williams replied it would be brick. Councilman Mills asked Mr. Williams if he had gotten a permit to build on to the house. Mr. Williams replied no, they would not issue a permit because of stucco being used. Councilman Mills asked Mr. Williams if he was asking for the variance so he could get a permit. Mr. Williams replied that was correct. Councilman Freeman moved, seconded by Mayor Pro Tem Cato, to grant the request with the stipulation the stucco be used only on the garage and fence. Motion carried 6-1; Councilman Wood voting agai nst. MOBIL OIL PIPELINE HOLIDAY WEST Discussion of Mobil Oil pipeline and drainage in Holiday West Subdivision. Mr. Terry Sisk making request - Mayor Faram called for anyone present wishing to speak for this case to please come forward. Mr. Alan Hamm appeared before the Council for Mr. Terry Sisko Mr. Hamm stated this property was,located in Holiday Wesf-Adäition west of Richland High School. Mr. Hamm stated they platted the property and began construction and installed a drainage ditch. Mr. Hamm stated they contacted Mobil Oil, who had two lines across the ditch and asked them to take care of the problem. The City and the City Engineer feel we should have shown the pipelines on the plans. Mr. Hamm advised they had to have_ two sets of plans approved, one from the city and one from the pipeline. Mr. Hamm stated the City Engineer drove by the site and saw _ June 12, 1978 Page 10 the line and asked the City to look into it. Mr. Hamm stated as a result they have written letters to the Pipeline Company and the City. Mr. Hamm advised the problem is basically solved. on the letters we have. The citys first question was on the safety of the line. Mr. Hamm stated they had received information from Mobil that it has been determined by stress calculation that these 1 ineswill withstand any foreseeable forces applied by them in the channel. The lines are installed, maintained and operated in accordance with sound and insuring practice with the Department of Transporation standards. The second problem applies to the drainage. Mr. Hamm stated this problem was also taken care of. Councilman Wood asked Mr. Hamm that when the plat was submitted was this particular line shown. Mr. Hamm stated the easements were shown. They were not shown across the ditch because we did not know how Mobil would solve the problem. Councilman Wood asked Mr. Hamm if he or Mobil made an attempt to contact the City or the City Engineer concerning this line. Mr. Hamm replied he met the requirements of the city ordinance everyday. The city also had a city inspector on their job every day. Councilman Wood asked the City Engineer if the procedure that was carried out crossing this drainage ditch brought to his attention for approval or any other mention prior to being completed. City Engineer Perkins stated it was not. Councilman Wood asked Mr. Perki~s how he became aware of the line. Mr. Perkins replied he was driving down the street and noticed the pipes were exposed and recalled in reviewing the subdivision it had not been shown on the plans. Noting that it was different from what he had reviewed it should be brought to the citys attention. r~r. Perki ns sai d thi s was for two reasons) one he was concerned about the potential hazzard to the citizens if a breakage should occur. Mr. Perkins stated because his firm had been a part of the reviewing of the subdivision, and if something were to happen not only June 12, 1978 Page 11 would there be liability brought on the city, but the City Engineers would be responsible Mr. Perkins stated he was only trying to protect the city and his firm. Councilman Wood asked the City Attorney if it was normal practice for an oil company not to contact the City or City Engineer prior to making a change of this type. City Attorney McEntire stated 90% of the time they did not contact anyone. They usually go ahead and make the change. Councilman Michener advised that Mr. Hamm had indicated there had been a lot of correspondence back and forth and feels that everything has been taken care of. Councilman Michener asked the City Engineer what his opinion was. City Engineer Perkins stated that Mr. Hamm had contacted Mobil and felt the proper measures had been taken care of not realizing there was still a potential problem from an engineering stand point. Mr. Perkins stated that Mr. Hamm felt the corrective measures the oil company had made were sufficient. Mr. Perkins stated he felt the city should confer with the City Attorney on the cities liability if a breakage should occur. Mr, Perkins· advised that Mobil had stated they had fixed the line in accordance with the Department of Public Transportion standards. Mr. Perkins stated in hi~ letter to the City Attorney it seemed from his standpoint to be satisfactory reason to feel like the liability would be on Mobil ' and not the City~ but referred it to the City Attorney for comment. Councilman Michener asked Mr. Perkins if the city was waiting on an anS\lJer from the City Attorney. City Attorney McEntire stated that he and the City Manager had already discussed this. Mr. McEntire stated the Council had been þlaced in the position of having to approve this and had better make sure the engineering was correct and good engineering practice had been used. June 12, 1978 Page 12 Mr. McEntire advised the Council that if they had not been put in the position of having to approve it, there would be no 1 i abil ity. Councilman Michener asked the City Attorney if the Council would have to rely 'on the Engineer. City Engineer Perkins stated there was another problem with the ditch. Mr. Long, Mr. Hamm's Engineer, has submitted engineering calculations to show what size storm would pass underneath the pipes, and what size storm could be handled with the pipes in the ditch. Mr. Hamm has stated a 25 year storm would pass under the pipes and a 100 year storm would be contained in the channel, although it would be over the pipes. Mr. Perkins stated the concern of the city was that if some debris moved down the channel and blocked the culvert,and the fact the pipes were there, it got blocked up, what effect would it have from a flooding standpoint. Mr. Perkins stated from a legal standpoint he did not know how the city could be effected. Mr. Perkins stated engineering wise it meets the design, as far as the drainage aspect. It meets the criteria of the subdivision ordinance. Mr. Perkins stated that if something ruptures the line or flooding occurs, where does the liability lày. Mr. Perkins stated he did not know who would be lißble in eithe of these areas. Mr. Hamm stated the box culvert, under Holiday LanE was not as large às the ditch, "that some-d€bris would ~ore than likely lodge in th~ box-culvert and would. probably cause more- stoppage than it would. in the ditch.. t1r. Hamm stated that it was Mobi~'sEngineers opinion there is no problem. Mr. Hamm stated he felt he had met the ,requirement~ of the ci ty. Councilwoman Reeder stated she knew there was a problem, can the city make the oil cbmpany move the lines. City Attorney McEntire stated you could try and make Mobil move the line, but doubted if they would. June 12, 1978 Page 13 Councilman Mills asked the City Engineer what his proposal would be to the solution. City Engineer Perkins stated the city could approach Mobil to lower the lines, at no cost to the developer. Mobil has stated the line is safe. Mr. Perkins stated he felt the best solution would be to put the line underground. Councilman Mills asked Mr. Hamm what the estimated cost would be to lower the lines. Mr. Hamm replied about $12,000.00 to $15,000. Councilman Mills asked Mr. Hamm if it would delay his construction if the city took it upon themselfs and contacted the pipeline company. Mr. Hamm stated at the present time they were completely blocked and would like to develope. Councilman Mills asked the City Engineer if the subdivision was approved subject to the approval of the drainage ditch. City Engineer Perkins stated it was approved on the basis there was no conflict on the pipeline. Mayor Pro Tern Cato asked the City Attorney if the developer and the pipeline company could inter into an agreement holding the city harmless for any future flooding problems occuring as a direct result of the line. City Attorney McEntire stated you could try and get an agreement.' Mayor Faram asked the City Engineer how the line was located and did the city get consulted. City Engineer Perkins stated the line had been there for years. This location was very shallow and the line was exposed when the channel was dug. Mobil made no attempt to contact the city. Mayor Faram asked the City Attorney if Mobil had made any improvem ents on the 1 i ne. June 12, 1978 Page 14 City Engineer Perkins stated Mobil had installed a steel encasement around the line. Mayor Faram asked if the Council was getting to sticky on requirements, how remote was the possibility of flooding. City Engineer Perkins stated he was trying to look at it for the interest of the city. It was also different from what he had reviewed on the plans. Mayor Faram asked the City Engineer how dangerous the situation'would be if the city proceeded as is. City Engineer Perkins replied there was a very distinct possibility it could flood. Mayor Faram advised the City Engineer he had satisfied his obligation by advising the Council of the problem. Mayor Faram asked the City Engineer if the city properly maintained the ditch, would there be a problem. City Engineer Perkins replied if the ditch was properly maintained there would be no problem. Mayor Faram asked the City Attorney if he was recommending the Council go ahead and approve the subdivision and send Mobil Oil a letter and let them know where the liability is and we suggest it is theirs. City Attorney McEntire replied yes, because the Council has never really approved it. Mayor Faram asked the City Attorney if the Council approves the request, would he word a letter to that effect. City Attorney McEntire replied he would. Councilman Wood moved, seconded by Councilman Cavanaugh, to instruct the City Manager to authorize the issuing of building permits to Holiday West Subdivision and further instruct June 12, 1978 Page 15 the city staff to write a letter, per the instructions of the City Attorney, to Mobil directing the responsibility of the pipeline in the drainage di.tch in this subdivision. Motion carried 6-1; Councilman Mills voting against. Mary Jo Shaunty, Chairman Planning and Zoning Commission now present. PUBLIC HEARING ORDINANCE CHANGE Public Hearing changing Zoning Ordinance requiring a minimum of 1,500 square feet home in Residential Zoning Mayor Faram declared the Public Hearing open and called for anyone wishing to speak for this ordinance change to please come forward. There was no one present wishing to speak for thi s item. Mayor Faram,called for anyone present wishing to speak against this item to please come forward. Mr. John Barfield~ member Home Builders Association appeared before the Council. Mr. Barfield advised the Council he appreciated be~nq able to fueetwith them in the'Pre Council session and go over some of the aspects of this particular problem. Mr. Barfield stated that from the many questions asked and the aspects that were brought up seem to make it larger than it first appeared. Mr. Barfield advised he felt everyone should do a little more thinking on this change. Mr. Barfield said he was aware of the ordinance calling for the limiting of the size houses in North Richland Hills to a minimum of 1500 square feet. Mr. Barfield stated it was his opinion and the opinion of the builders that this change is not in the best interest of the city. Mr. Barfield advised that most of the builders are not building under 1500 square feet houses at the present time. In the past most of the builders have built under that size. Mr. Barfield stated that he had recently purchased ~ sObdivision from Mr. Herman Smith and part of it is zoned 1F-12 and part 1F-14. Mr. Barfield stated he planned to build 1400 square feet homes. Mr. Barfield stated he realized that houses are going higher and higher in price and that makes it more difficult for a lot of people to buy.- Mr. Barfield stated he would like to have June 12, 1978 Page 16 a worksession with some of the Council and some of the builders that are currently building houses under 1500 square feet in the city and perhaps they could come up with something. Mr. John Parish, 716 Putter Drive, Fort Worth, appeared before the Council to speak on this item. Mr. Parish stated his business was located in North Richland Hills and he had spent many happy years in the city up to this point. Mr. Parish stated that when he first heard of the proposed ordinance change he made some inquires to find out what was going on. Mr. Parish said he was told that Planning and Zoning had come to the Council complaining that North Richland Hills was fixing to become an- . other Watauga and would have nothing but small homes in the city. Mr. Parish stated he was suprised to learn that some 48% of the homes in the area are under 1500 square feet. Mr. Parish stated he was presently not building the smaller homes. Mr. Parish stated he felt it would be a big mistake to zone out the smaller homes, because we would be zoning out our own children and most of the city employees. Mr. Parish stated he thought we were getting into a position to where there would be a problem getting people to come into the area. Mr. Parish advised the Council to take the whole picture and decide whether or not it would be good or bad to rule out the smaller houses. Mr. Parish stated he felt s.ome more study should be given in the changing of the ordinance. Mr. Parish stated he would really like to speak in favor of the IF-8-1S zoning if it could be passed in conjunction with an ordinance for 1F-7-12. Mr. Parish stated he would like for the Council to table this ordinance and let the builders work with the Council in trying to solve the problem and maybe help everyone in the process. Ralph Shelton, a developer in Arlington, appeared and stated that he understood the position of the Council, as he was a councilman in the City of Arlington from 1972 to 1976. He stated one point that he would like to bring out before the ultimate decision was made to this particular ordinance, was that the Council be very sure they understood all the ramifications that the Builders believe existed. Mr. Shelton stated that he thought by passing this ordinance the city would be eliminating a number of those first home buyers. He appreciated the opportunity to come and talk. June 12, 1978 Page 17 Mr. Michael Ferris, Vice President Nowlin Mortgage Company~ appeared before the Council. Mr. Ferris stated he was in charge of lending activities in the Tarrant County area. Mr. Ferris stated he had several builders in this area that were his coustomers. Mr. Ferris stated he would be very concerned if this ordinance was passed. He stated that à 1200 square foot house would probably sell for $36,000.00 with the loan amount of 95% or $34,200. This would require a minimum monthly income of $1,470.00 or annual salary of $17,100. In comparison the larger square footage house would probably sell for $45,000.00 with a loan amount of $43~750.00 based on a 5% downpayment. This would require a minimum monthly income of $1,825.00 or an annual income of $21,900. He stated he would like to point out that he had some income levels of some selected personnel of the city and based on this information it would be difficult for them to qualify. . Mr. Ferris stated ~è thought' there was a ~ast need for these type people to have the small type homes. Mr. Ferris stated that as a representive of the Mortgage Company, he must go on record as opposing this ordinance change~ and thought it important at this time to retain the 1200 square foot requirements. Mr. Carlos Renterio~ 2705 Black Oak Lane, Arlington, Community Development Representive for the Department of Housing and Urban Development, appeared before the Council. Mr. Renrerio stated his .office heard about the public meeting tonight and suggested he come and at least put the Council on notice that as far as the Department of Housing of Urban Development was concerned, they looked towards low cost housing and low income housing for the person with a low income as one of their goals. Mr. Renterio~ advised the Council his Department wanted to express their concern that the ordinance that is proposed would exclude some of those very persons.rk'.' Renterio stated he knew that the city was a member of the Tarrant County Consortium and are getting, or have gotten,some funding through us and our department would have to take that into consideration in making any future funding approval. Mr. Renterio stated his department thought he should come to the meeting and tell the Council the facts. June 12, 1978 Page 18 Mayor Pro Tern Cato asked Mr. Renterio what quidelines he used to arrive at the decision his department might disqualify the city from the consortium. Mayor Pro Tem Cato stated that he had been told that over 47% of the houses in the city are already the size of which Mr. Renterios was speaking about, under 1500 square feet. Mayor Pro Tem Cato asked Mr. Renterios what percent the city would be cut. Mr. Renterio stated they did not have a percentage and would not be telling the truth if he told the Council they would be disqualified if the ordinance was passed. Mr. Renterio stated he did not mean that implication~ It would have to be taken into consideration if the ordinance was passed. Mr. Renerio stated they were saying that the ordinance change would exclude any future low and moderate income housing. Mr. Renerio advised the Council that in making their funding decisions, that would be one of the things taken into consideration. Mayor Pro Tem Cato asked Mr. Renterio if they took into consideration the 47% of the houses that now existed. Mr. Renterio stated they did, but if you had 80% for your low and moderate income we would still take your decision tonight into consideration. Mayor Pro Tem Cato asked Mr. Renterio when they allowed the cities to make the decision as opposed to HEW. Mr. Renterio stated they did not make the decision, just followed the quidelines and took into consideration what ever decision the city makes in making their decision for funding. Mayor Faram stated this sounded like a threat. Mr. Renterio stated he did not mean for it to sound like a threat. Mr. Renterio stated he wanted the Council to take this into consideration. Mr. Renterio said he would not tell the Council right now that they would be cut off from funding. June 12, 1978 Page 19 Mayor Faram advised Mr. Renterio he felt he was not telling the Council anything. Mayor Faram stated he felt he was speaking in opposition and using this as a threating method for the Government. Mayor Faram asked Mr. Renterio what the guidelines were so the city could abide by what the Federal Government wanted. Mr. Renterio stated by not restricting housing to houses over 1500 square feet. Mayor Faram asked Mr. Renterio if this was his rule or HEW rule. Mr. Renterio stated it was a HEW rule. Mayor Faram asked if the city had copies of this. Mr. Renterio stated the city had copies of the Federal Register and it was explained in there. Mayor Faram stated he found it strange that at this time, to come before the Council and let them know that if we pass this ordinance it will be taken into consideration and more than likely we are going to be cut off from any development funds. Mr. Renterio replied the reason he came was because we heard this was taking place and let the Council know about this before you did it. Mr; Renterio stated he could not come later and tell the Council they should not have passed the ordinance. Mayor Faram advised Mr. Renterio that the Council had people working with the Council on this and are trying to reach a solution. Mr. Renterio stated he would be glad to work with the Council. Councilman Freeman asked Mr, Renterio if he was setting a precedence here~ or had he gone to other cities also. June 12, 1978 Page 20 Mr. Renteria stated his office heard the Council was considering passing this ordinace and called and told him to come befor~ the Council and let them know his office was very concerned. Councilman Cavanaugh stated having dealt with the Federal Government before, he was aware that before they do anything they have statistics. Councilman Cavanaugh advised Mr. Renterio it was hard for him to believe that he did not have the percentage that the city has to maintain for HUD regulations. Councilman Cavanaugh stated that Mr. Renterio had been speaking of we, and he would like to know who we was, and also what prompted him to be at the meeing tonight. Mr. Renterio stated the we is the Dallas office of Urban Depelopment. John McDowell is over the office. Mr. Renterio stated that Mr. McDowell telephoned him and advised him North Richland Hills was considering passing this ordinance and to advise them if the ordinance is passed it would be taken into consideration òn any future funding. Councilman Cavanaugh asked Mr. Renterio now that he knew the city had 47% of housing below 1500 square feet, what would he consider now. Mr. Renterio stated he would go back and report to Mr. McDowell on the decision that was made tonight. Councilman Cavanaugh asked Mr. Renterio if he knew how much money had been funded to the city. Mr. Renterio stated he did not. Mr. Renterio stated the city now had $150,000.00 for an entercepter sewer line and some funds for a drainage ditch last year. Councilman Wood stated he had noticed that HEW and HUD had now decided they want to control Federal National Mortgage Corporation, which is where Mr. Renterio's organization and other organizations get their funding. Councilman Wood asked Mr. Renterio if .the ordinance was passed would they attempt to tell the Federal Mortgage Corporation to stop making loans in North Richland Hills. June 12, 1978 Page 21 Mr. Renterio stated it was a possibility. Mr. Renterio advised he was talking about the Community Development funds~ such as Sewer. Councilman Wood asked Mr. Ferris~ Nowelin Mortgage Company, if he could tell the Council two or three Mortgage Companies in the area that are receiving funding through this program, which is apparently going to be controled by the Federal Government. Mr. Ferris replied about 75% of the funding come from the Government. Councilman Wood asked Mr. Ferris if the Government was going to start deciding where the money is going to be loaned on mortgages on homes everywhere. Mr. Ferris stated he was not qualified to answer at this time. Councilwoman Reeder asked Mr. Ferris if all the builders would have to go through the Mortgage Company that the Government told who to loan money to. Mr. Ferris stated they purchased the money from the Government and use it in areas they would purchase from. Councilwoman Reeder advised Mr. Renterio she felt he used very poor timing in attending the meeting tonight. The Council had already sat:in a worksession with the developers and builders in the area and were working out things with them. Councilwoman Reeder advised Mr. Renterio she did not feel the Council could work with him. Mr. Renterio stated he would be glad to work with the Council. Mayor Faram called for anyone else wishing to speak to please come forward. Mayor Faram closed the Public Hearing June 12, 1978 Page 22 ORDINANCE Consideration of approval of Ordinance changing Zoning Ordinance Mayor Pro Tem Cato moved, seconded by Councilman Wood, to postpone changing of the Zoning Ordinance· Motion carried 7-0. 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 & ZONING PZ 78-20 Consideration and approval of Ordinance approving case PZ 78-20, 2F-9 Zoning request of Mrs. Donna Smith. This case was postponed from meeting of May 22, 1978. Council man Mi 11 s moved, seconded by Counci 1 man Wood, to deny PZ 78-20. Councilman Mills asked Mr. George Staples if he had talked with the homeowners and had he gotten anymore information for the Council. Mr. Staples replied he had not. Motion to deny carried 6-1: Councilman Freeman against. PUBLIC HEARING PZ 78-23 Public Hearing on PZ 78-23 request of J. B. Sandlin to rezone approximately 18.67 acres to IF-8. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak for this case to please come forward. Mr. J. B. Sandlin, 5137 Davis, appeared before the Council. Mr. Sandlin stated this property was presently zoned Planned Development for apartments and he would like to change it to IF-8. Councilman Mills asked if this zoning was approved would it cancel the moratorium presently on IF-8 zoning. City Attorney McEntire stated it would not. June 12~ 1978 Page 23 Councilman Freeman stated he noticed there was a petition from some of the property own'ers. Mr. Sandlin stated the petition was from the residents on Tiffin Drive who were in favor of the zoning. Councilman Freeman asked what the present zoning was on the houses on Tiffin. Mr.. Sándl in repl ied there 'were larger houses on Tiffin. Mayor Pro Tem Catostated"allthe property was zoned Planned Development~ was his request to rezone all the Planned Development zoned property. Mr. Sandlin replied it was to change the entire tract shown on the plat. Mayor Pro Tem Cato ~tated that on the map he had showing the tract, only a portion of the Pl anned' .Deve 1 opment was bei ng rezoned. Mayor Pro Tem Cato stated that on Planne9_ Development zoned property if a portion is changed all the tract reverts back to the orginial zoning. Planned De~elQpm~nt requires a plan ·for the.'who~e ~rea. Mr. Sandlin stated this was 18.67 acres of that tract. The mortage company is keeping some 6 acres of the tract. Mayor Pro Tem Cato asked what the remainer of the tract would be zoned. City Manager Riddle advised there were apartments built on part of this tract. Mayor Pro Tem Cato stated on Planned Development zoned property it can not be deviated from. If the Council does change this, then something happens to that Planned Development. Mr. Sandlin stated part of the tract was developed. Only the part on the map shown in red was not. Mayor Pro Tern Cato asked if that included the strip on the back. Mr. Sandlin advised it did not include the strip. June 12, 1978 Page 24 Mayor Faram asked Mr. Sandlin if he planned to purchase the strip of land. Mr. Sandlin replied he planned on buying the 1 and. Mayor Pro Tem Cato stated his question now was, what happened to all the property that was zoned Planned Development that will now be zoned nothing and the strip of land behind the houses on Tiffin. City Attorney McEntire stated it would revert back to what it was. You can under your own motion, if you have something that is being used for Planned Development or anything, zone it. Mayor Pro Tem asked if we knew what portion of the remaining property is being used for. City Manager stated the lots to' the w'est was zoned for si ngl e story townhoúses. ' Mr. Sandlin stated he was going to take that property also and build townhouses. Mayor Pro Tem Cato advised there would be no plan if it was rezoned tonight. All the property in its entirety will revert back to the orginial zoning. Mayor Pro Tem Cato stated there was no other alternative unless the council initiates the zoning to cover what is already developed. City Attorney McEntire stated that anytime you breakup any type of planned uses, in order to keep your zoning orderly you should go back and whatever use is on the property, you should, in your motion void it and get it all strightened out in your ordinance and on the zoning map and keep it what it is zoned. Mayor Faram asked if this could be an amendment to the Planned Development. Ci ty Attorney McEnti re stated he di d not thi nk they had made application for it that way. They have asked for IF-8. June 12, 1978 Page 25 City Attorney McEntire stated he did not feel the Council had a particular problem~ except with the one tract that was zoned nothing. Mayor Pro Tern Cato advised there was two tracts. Mr. Sandlin stated one of the tracts had a tennis court on it that they are keeping. There is a strip of land that he will be the owner of, so he can work with the Council on that strip of land. Mayor Faram called for anyone present wishing to speak against this case to please come forward. There was no one present to speak against this case. ORDINANCE #708 Mayor Faram closed the Public Hearing. Consideration and approval of Ordinance for PZ 78-23 Councilman Wood moved, seconded by Councilman Mills, to approve PZ 78-23, Ordinance #708. with the stipúlation of 1500 minimum square feet. Mayor Pro Tem Cato stated he would like to make a recommendation that if this zoning is passed, the city staff be instructed to to obtain an outline and discription of thóse areas that are already developed and currently have some useage on them, and the land that is left over be_mar~ed with an ordinance as reverting back to the orginial zoning, so that we have in effect the entire block of Planned Development put in one zoning. and this be presented at the next Council meeting. City Attorney McEntire suggested that the Council get it all , done at the same time. This land is something Mr. Sandlin intends to use in connection with its present use if the ordinance passes. If Mr. Sandlin is willing to do that. Mayor Pro Tem Cato asked Mr. Sandlin if he would be willing to take what he had and add the two other zonings to it and that currently exist and that you "intend to do with that is not at this time zoned. June 12, 1978 Page 26 Mr. Sandlin stated he would be willing to do that. He would bring in a metes and bounds description on all three tract before the next meeting. Mayor Pro Tem instructed the City Manager to have the description put in ordinance form. Motion to approve carried 6-1; Councilman Freeman voting against. PUBLIC HEARING PZ 78-24 Public Hearing on PZ 78-24 request of Red Lobster, Inc. to rezone approximately 2.24 acres to Commercial Specific Use Mixed Drinks Mayor Faram opened the Public Hearing and called for anyone present wishing to speak for this case to please come forward. Mr. Richard Clark with Red Lobster Inns, appeared before the Council.Mr. Clark advised the Council there were 237 restaurants in 33 States. They are a fami'ly style restaurant specializing in sea food. The hours are from 11:30 a.m., to 10: p.m., Sunday through Thursday and open until 11:00 p.m. on Friday and Saturday. Mr. Clark stated they had a contract on the land contingent on being zoned for mixed drinks. Mayor Pro Tem Cato stated the map showing this zoning request encluded everything west of Booth Calloway and south of Bedford Euless Road and north of Loop 820. Mayor Pro Tem Cato asked Mr. Clark if he was rezoning all this land, and does the restautant encompass the entire tract. Mr. Clark replied it did not. He would to refer the question to Mr. Albers the owner of the land. Mr. Albers appeared before the Council. Mr. Albers stated actually the request was for for a mixed beverage permit was for only the property Red Lobster will be purchasing. There will be about 2,700 square feet remaining beyond the area. Mr. Albers stated they would be willing to wait until a purchaser for that tract and if they needed a mixed beverage permit they would come back and request it. June 12, 1978 Page 27 Mayor Pro Tern Cato advised Mr. Albers that under Specific Use zoning the land could be used for one use only. If he was successfull in the request on the entire tract you will not be able to do anything with it. City Attorney McEntire asked Mr. Albers if he had a description of the property he was going to sell to Red Lobster. Mr. Albers replied he did. City Attorney McEntire asked Mr. Albers'if it was thé po~tion he was ~bing to~sell Red Lobster. only. Mr. Albers stated it was. City Attorney McEntire advised the Council could rezone the small tract that Red Lobster was going to buy. Mayor Pro Tem stated that tract was not outlined on the ordinance. City Attorney McEntire stated the Council could take the tract that Red Lobster was buying and rezone it. Mayor Pro Tem Cato asked if the Council could pass the ordinance contingent on the correct d~scription being inserted pertaining to this piece of property only. Mr. Alberts there was a misunderstanding thinking Red Lobster was buying all the property. Mayor Pro Tem Cato asked Mr. Albers where the property was located that was not baing. bought by Red Lobster. Mr. Albers replied it was behind Kipps. Mayor Faram called for anyone present wishing to speak against this case to please come for forward. There was no one present to speak against this case. Mayor Faram closed the Public Hearing. June 12, 1978 Page 28 ORDINANCE # 709 Consideration and approval of Ordinance for PZ 78-24 Councilman Mills moved, seconded by Councilman Cavanaugh, to approve PZ 78-24, Ordinance #709, subject to the following variation of the actual lot size, which is lot 4, Kipps Big Boy Additi on. Councilman Mills asked the City Secretary if letters were sent on this rezoning request. City Secretary Moore replied there were six letters sent. Motion carried 7-0. FINAL PLAT Consideration and approval of final plat for Red Lobster, Inc. Councilman Wood moved, seconded by Councilman Mills, to approve the final plat of Red Lobster. Councilman Wood asked the City Engineer if all his requirements had been met. Mr. Perkins stated all requirements had been met. FLORY STREET Approval to eliminate or make disposition of drop inlets on Flory Street drainage project City Manager Riddle advised the Council this was the project underway on Flory Street, the drainage is in the second block of Flory from the Grapevine Highway. The inlets are to far below the present grading. When the Engineer designed the inlets thinking the street would go on the Bond Program. It is Federal money we have on the project and if the inlets are eliminated we will lose the money. You can continue with the street because it is a Bond street and we have some of the Bond money left and can take the balance out of CIP funds. Mayor Pro Tem Cato asked the difference in Bond money and CIP. City Manager Riddle stated one is the general fund CIP and the other is the actual Bond money. June 12, 1978 Page 29 Councilman Mills asked the City Engineer what it would cost to drop the inlets. City Engineer Perkins replied around $2,500.00 to $2,800. After discussion, Mayor ProTem Cato moved, seconded by Councilman Wood, to eliminate the inlets in Flory Street. Motion carried 7-0. TESCO EASEMENT Approval of easement to TESCO in Irish Meadows III Councilman Mills asked the City Manager if this was city property. City Manager Riddle stated it was city property. Councilman Mills moved, seconded by Mayor Pro Tem Cato, to approve the TESCO easement on lots 1 and 2 of Irish Meadows III. Motion carried 7-0. UTI LI TI ES IRISH MEADOWS III Approval to pay TESCO.$l,368.00 for underground utilities in part of Irish Meadows III Councilman Mills asked the purpose of the underground utilities. City Manager Riddle stated on 'Jots 1 thru 6" Blockl1~the service is on the rear lot line serving the houses in Block 10 in the second section of Emerald Hills. It will make it more economical and better for everyone concerned. Councilman Mills asked the City Manager where the funds would come from to pay for this. City Manager Hi ddle stated they woul d come from regular surplus. Councilman Mills moved, seconded by Mayor Pro Tem Cato, subject to the City Manager finding the surplus and getting a report on how much money the Council has committed that has not been spent. Motion carried 7-0. PAYMENT Approval to pay Hall Construction Company final payment on Onyx Drive Bridge Mayor Pro Tem Cato asked the City Engineer for a report on the project. City Engineer Perkins stated the job was completed on May5. It was in a condition so the city could begin the asphalt work. Coupled with the time extensions that we June 12, 1978 Page 3G granted on the basis of proper notice by the contractor, coupled with the number of calendar days bid on the original project, gives us a total number of days that would be charged with liquidated damages of 57 days. Mr. Hall appeared before the Council back in May and asked for an extentison of time. We did not feel he had made proper notice for a time extension. The contract states the contractor will notify us in writing within seven days when it occurs. We advised Mr. Hall of this in a pre construction conference. Delays were caused by Lone Star Gas early in the contract. The one noted in my letter deals with the problem when they hooked up the line in April or March, he did give us written notice at that time. He also asked for an extension because of bad weather and it was ruled he had not given sufficient notice. A job is bid on calendar days gives no lead way for the granting of a time extension based on bad weather. The Council advised Mr. Hall the night he appeared before the Council you would not grant any time extensions until the job was complete. Mayor Faram asked the City Engineer his recommendation. City Engineer Perkins stated that based on the way the contract doctument reads 57 days should be charged. After discussion, Counciman Cavanaugh moved, seconded by Councilman Mills, to authorize payment in the amount of $25,084.46, which penalizes him $50.00 a day for 57 days. Councilman Mills asked the City Engineer if the delays were beyond Mr.<Halls control or just technically. City Engineer Perkins stated the reason for putting that in the contract document is so the contractor will be sure and request time extensions even if they are not needed. Councilman Freeman asked if maybe we were getting sticky as far as liquidated damages were concerned. Did he feel this was a fair amount to to assesed. June 12, 1978 Page 31 City Engineer Perkins stated he felt it was fair. Councilman Freeman asked Mr. Perkins if Mr. Hall had complied with the requirements, would he had granted the extension. City Engineer Perkins stated if he had made the proper request he probably would have granted the time. Councilman Cavanaugh amended his motion to assess Mr. Hall a penalty not to exceed $1,368. Motion dies for the lack of a second. Councilman Mills asked Mr. Britton if he thought 30 days penalty would be fair. Mr. Britton stated he felt Mr. Perkins recommendation as fair. Councilman Freeman moved, seconded by Councilman Wood, to assess a penalty of $2,000. After further discussion, Mayor Pro Tern Cato moved, seconded by Councilman Cavanaugh, to penalize Mr. Hall $1,425.00 leaving the amount to be paid $26,509.46. Motion carried by a vote of 7-0. BIDS RESOLUTION 78-9 Awarding of bids for Utility Adjustments on Grapevine Highway Councilman Mills moved, seconded by Mayor Pro Tem Cato, to award the bid of Circle C Construction for utility adjustments on Grapevine Highway, in the amount of $53,750.19, funds to come from funds that have been set aside for Grapevine Highway. Motion carried 7-0. Approval of Resolution authorizing the State to erect signs and payem~nt'markings at railroad crossings in the City. Councilman Wood moved, seconded by Councilman Mills, to approve Resolution 78-9. Motion carried 7-0. ··--0lfne lZ, 1~/~ Page 32 CIVIL SERVICE REQUEST JURY CHECKS Consideration of Civil Service request to allow employees to keep jury duty checks in addition to their regular pay Councilman Mills moved, seconded by Councilman Cavanaugh, for the employees to turn their jury checks back to the City. Councilman Wood stated he had made a check of surrounding cities in the area and they allow the employee to keep the jury check. Councilman Freeman stated that most companies do not have to pay the employee when they have jury duty. After discussion, motion for employees to turn their jury checks back to the city carried by a vote of 4-3; Councilmen Mills, Cato, Freeman, Michener, voting for; Councilmen Wood, Cavanaugh and Councilwoman Reeder voting against. CIVIL SERVICE REQUEST EXTENSION SICK LEAVE Consideration of Givil Service request to allow the extension of sick leave for Kay Griffith Councilman Freeman asked the City Manager the circumstances on asking for this extension of time. City Manager Riddle stated this employee was employed in the Police Department and had used all her sick last year. This year she had to be hospitalized and needed an extension of time. Mayor Pro Tem Cato stated the Council could extend sick time only if it was a dire need. Mayor Pro Tem Cato asked the City Manager if she was off sick last year or abused her sick days, and did she have a good attendance record. City Manager stated she was off for the same problem she was hospitalized for this time. City Manager stated she was a good employee as far as he knew. After discussion, Councilman Freemn moved, seconded by Councilman Michener, to deny the extenstion of time. ADJOURNMENT ATTEST: Jeanette Moore - City Secretary June 12, 1978 Page 33 Mayor Pro Tern Cato stated that if an employee is worth keeping, they were worth being helped. Mayor Faram asked the City Attorney if the City could be sued over this action. City Attorney McEntire replied the City could get sued, but doubted if the person suing could win. Councilman Cavanaugh stated he felt the Council needed more facts and details on the request. City Manager Riddle stated he felt the request should be denied because this is the second request in less than a year from the same department. After discussion, Councilman Cavanaugh moved, seconded by Councilman Mills, to extend 10 days of sick time for Kay Griffith. Motion carried 6-1; Councilman Michener voting against. Mayor Faram adjourned the meeting of June 12, 1978. Mayor Dick Faram