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HomeMy WebLinkAboutCC 1978-10-23 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, OCTOBER 23, 1978, 7:30 P.M. 1. Mayor Faram called the meeting to order October 23, 1978, at 7:30 p.m. 2. Present: Dick Faram Denver Mills James F. Cato John Michener Sid Cavanaugh Dave Freeman Jim Wood Lena Mae Reeder Mayor Councilmen Counei 1 woman Stan Gertz Jeanette Moore Rex McEntire Ray Britton Hamp Scruggs Dick Perkins Acting City Manager City Secretary City Attorney Director Public Works Police Chief City Engineer 3. The invocation was given by Councilman Michener. 4. Councilman Mills moved, seconded by Councilwoman Reeder, to approve the minutes of the October 9, 1978, Council meeting. Motion carried 6-0; Councilman Wood abstaining due to absence from the meeting. 5. Mayor Faram on behalf of the Council, presented Mr. Tim Price with a five year certificate and pin. and congratulated him on his service. .... .':. ~ ".;'.... "', CALL TO ORDER INVOCATION APPROVAL OF MUNUTES AWARDING OF FIVE (5) YEAR CERTIFICATE OF OF SERVICE AND PIN TO TIM PRICE OF THE FIRE DEPARTMENT CONSIDERATION OF PARTICIPATION BY THE CITY IN THE COST OF OVERSIZING OF EDISON DRIVE, LETTER CREDIT TO COVER ASSESSMENT FOR CURB AND GUTTER AND COVENANT FOR CONS- TRUCTION OF STORM SEWER. TIM TRUMAN PRESENTING 6. Mr. Tim Truman, Attorney, representing- Jevle1cor,appeared before the Council. Mr. Truman advised the Council he had Mr. Lynn Walker, Vice President of Edisons with him. Mr. Truman stated that at the last meeting he had appeared on the platting of the property being developed by Jewlecor on the construction of a new Edisons. Mr. Truman stated there was considerable discussion at that time concerning the width of Edison Drive, whether it should be a 37' street or a 41' street, as recommended by the City Engineer. After considerable discussion by the Council it was voted to go for the 41' street width. Mr. Truman stated he had explained Edisons position, that the oversizing, the difference between the 37' and:41' apparently was primarily asked for and necessitated for the benefit of the city to eliminate a traffic problem the city has at the intersection of Loop 820 Access Road and Grapevine Highway. Mr. Truman stated the traffic generated by the development of Edisons would,in all probability, be handled satisfactorily by a 37' widE: and 5" thick street. It was because of the anticipatep additlonal traffic flow coming off the Loop Access Road that the oversizing was necessitated. Mr. Truman stated that in view of this he was requesting the city October 23, 1978 Page 2 participate in the cost of the oversizing of the street at a cost of approximately $9,000. Mr. Truman stated that at the last Council meeting the staff was instructed to have a meeting with him to discuss the matter. Mr. Truman stated he had written Mr. Britton a letter on October 17, 1978, asking to discuss the oversizing of the street, the thickness of the street, providing for re-coupe on the water and sewer, and a covenant for the storm drainage. Mr. Truman stated on October 18, 1978, he talked to Mr. Britton by þhone and Mr. Britton advised him he could not go along with a covenant. because of the Council Policy concerning drainage on the Grapevine Highway. Mr. Truman stated he advised Mr. Britton he thought the Council would reconsider the policy based on the discussion at the last Council meeting when Mr. Britton was not present. Mr. Truman .advi:sed the Council Mr. Britton had stated that if it was all right with the CounciLhe saw no problems. Mr. Truman stated he had also talked with Mr. Britton about the re-coupe agreement, Mr. Britton stated he saw no problem and would furnish the forms which was standard procedure. Mr. Truman stated that earlier Mr. Walker had talked with Mr. Perkins on the legàlity of the City's participation in any contract for more than $2,000.00 where competitive bids had not been taken. Mr. Truman stated this was something he had not considered earlier and because of the timing and what he considered to be favorable bids he did not want to go through a new bidding process with the city. Mr. Truman stated he understood that whatever he did he would have to take into consideration a particúlar limitation on the city. Mr. Truman stated that Mr. Britton advised him that he would not backoff of the 6 inch street because the city required them in all commercial areas, regardless of width. Mr. Truman stated that in view of this telephone conservation no meeting was held since apparently there was nothing to discuss. Mr. Truman stated that on October 10, 1978, he had written Acting City Manager Stan Gertz a letter requesting to be placed on the October 28, 1978, agenda. Mr. Truman stated he now appeared before the Council to make two basic requests. The first was to request the Council to waive the Council Policy requiring the construçtion of the storm drain on Grapevine Highway and accept a letter of credit or covenant. The second request is that the 5 inch thickness asphalt on Edison Drive be permitted instead of the 6 inches and additionally that the city participate in the cost of the extra width on Edison Drive, in the sum of $1,995. Mr. Truman stated that alternately, in the second request if from an engineering stand point the Council feels that they can not go with the 5 inch thickness and need the 6 inch thickness, which amounts to ap~roximately $6,000.00 of the $9,000.00 additional cost, then he requested the city participate with the developer in the following respect; one, the city participate in the cost ·pf the paving contract with Claude Smith in the sum of $1,995.00 Second, the city participate in the water and sèwer contract with Lowell B. Allison Contractor in the amount of $1,995. October 23, 1978 Page 3 Third, the city waive the assessment of $5.50 per front foot for curb and gutter (381 feet) along Grapevine Highway in the amount of $2,096. Mr. Truman stated the total of this consideration would be approximately $6,086. Mr. Truman stated that in his view the Council would still be within the requirement of the Charter since the city would not be letting a contract or participating in a contract tò any given contractor for service in excess of $2,000. Mr. Truman stated his reasons for the request to waive the policy requiring the immediate construction of the storm drain on Grapevine Highway was the same reason the Council elected to have the curb and gutter along Grapevine Highway installed by one contractor so that there would be uniformity of labor, materials, and not mismatched construction. Mr. Truman stated he felt the same reasoning should apply to the installation of the storm drain. Mr. Truman stated if the storm drain were to be piece-mealed you would be faced wìth a section of concrete storm drainage abutting the Edison property, which would be entered from a open ditch and would be discharged into an open ditch. Mr. Truman stated the ditch on the lower end would have to be six or eight foot below the surface of the ground. Mr. Truman advised the storm drain system was an oval and somewhere between'four and five feet in diameter. Mr. Truman stated an open ditch of this size along the major edge of Grapevine Highway has obvious safety problems. Mr. Truman stated his reason for the second request concerning the city's participation on the extra width of Edison Drive was because the extra width was necessitated not by the developers use of the property but by a goal and objective the city desires to accomplish. That was the re-routing of the traffic from what is now a problem area, across this particular property.. In all fairness the city should bear the burden for eliminating the problem, not the developer. Mr. Truman stated the thickness of the street was a major item of expense and he would like for the Council to consider this carefully. He had discussed this problem with Mr. Britton and his answer was that he felt that six inches in any commercial area was proper. Mr. Truman stated Mr.. Perkins letter of September 19; 1978, which accompanied the plat, recommended a 41 foot wide street instead of a 37 foot street as shown on the plat. In item #3 of the letter Mr. Perkins stated that if the Council should elect to require this width he would fûrther recommend that six inches of HMAC be placed rather than five inches as shown. Mr. Truman stated he felt Mr. Perkins was willing to go along with five inches on a 37 foot wide street but recommended that if the Council choose greater width then go to the greater thickness. Mr. Truman stated from what he had been able to determine the justification for thickness came from. the wear and tear. The street is certainly going to have no he-avier vehciles being a 41 foot wide street than a 37 foot wide street. October 23, 1978 Page 4 Mr. Truman stated the City Subdivision Ordinance provided for permitting four inches of asphalt in some areas depending on the sub-surface and finally the Subdivision Ordinance provides that all residential and collector streets be five inches of hot mix. Mr. Truman stated that in this case the City Engineer had seen fit to recommend a greater thickness. Mr. Truman stated as to the 41 foot street he failed to see the 1 ogi c. ~1r. Truman s ta ted the Cóunc il shoul d consi der very carefully whether or not additional thickness was justifiéd"from a factional and engineering stand point or whether it is an over- abundance of precaution to over-engineer a street.. The City Engineer is placed at a disadvantage'because he does. not know what is going -in on the whole tract. Mr. Truman stated he could not see the - justification for the wider and greater thickness on the street. Mr. Truman stated he would submit that if the additional thickness was necèssitated because of the width, then it is the city's problem that is being solved and not the developers and the city should participate in the cost of the stre~t. Mr. Truman stated Mr. aritton had advised him he felt the city would be setting a precedent if they participated in the street as requested. Councilman Cato asked the City Engineer if he felt the street needed to be 41 foot based primarily on traffic coming from somewhere other than the development. Mr.Perkins stated he felt the street needed to be 41 feet wide. Mr.Pérkiös stated he could only guess the traffic load and the amount of cars the street would take. Mr. Perkins stated he frankly believed that streets such as Glenview Drive, Booth-Calloway, Grapevine Highway and Edison Drive, some of the major streets around the Sanger Harris-Edison complexes are going to receive heavy traffic. Mr. Perkins stated he felt this particùlar mall Was going to satisfy a real need in the community from a shopping standpoint· and a large number people will be coming from Haltom City, northern and northwestern part of the City of North Richland Hills down the Loop, getting off at Holiday Lane and using Edison Drive as an access, not only to Edisons but Sanger Harris rather than continuing on the Frontage Road to the light at the Grapevine Highway. Mr: Perkins stated he felt Edison Drive would see more shopping type traffic tha~ some of the other collector streets in the èity. Mr. Perkins stated that was the main reason he requested six inches of-hot mix be placed on the street. Councilman Cato asked Mr. Perkins if the six inches of hot mix as opposed to five inches was .required .because the street was going to be 41 feet or because of the traffic it is going to ca rry . October 23, 1978 Page 5 Mr. Perkins stated because of the traffic load the street would be carrying. Councilman Cato asked Mr. Perkins to give- a brief statement on the immediate construction of the strom drainage on Highway 121. Mr. Perkins stated the Council had passed a policy sometime ago that any person or developer that developed property on any State maintained highway would be responsible for paying a pro rata share for curb, gutter and storm drainage cost for that particular location. It was stated at that time this could either be done by escrowing funds or sigh a covenant running with the land that would be executed at the time of platting. When actual construction did take place actual cost figures could be used to determine what the amount of escrow would be. Councilman Mills asked Mr. Truman when he mentioned waiving the curb and gutter, did he mean on Grapevine Highway or Edison Drive. Mr. Truman replied on Grapevine Highway. Councilman Cavanaugh asked if the portion of drainage ditch on Grapevine Highway would be piped and covered or was it going to be an open ditch. Mr.Perkins stated that in order to have driveway access into the property a portion would have to be lined with pipe. Mr. Truman stated a temporary type culvert would be put under each driveway until the strom drain lS put in. When the main line is put in the temporary culvert will be taken out and replaced with a self- contained culvert and will not be an open ditch. Mayor Faram stated he would like for the Director of Public Works to make a recommendation for action by the Council. Mr. Britton stated he would like to clarify something on the City Council Policy statement #6. The l~st paragraph of the policy requires that an,J.'0ne developing land alol19 Grapevine Highway, i Rufe Snow and Loop 820, install the required storm drainage, curb and guJter at the time of development. Mr. Britton stated that was the reason for Mr. Trumans request to go to a letter of covenant route. Mr. Britton stated he had no way to accept his letter of covenant without Council approval. Mr. Britton stated that in studying the City Sub-division Ordinance he could not recommend any city participation in the street, with regards to construction of the street. Mr. Britton stated he agreed with the City Engineer that it should be a 41 foot street with six inches of hot mix. - October 23, 1978 Page 6 Mayor Faram asked Mr. Britton if he recommended no city participation on the street, either in thickness or in width, recommended a 6 inch thickness of hot mix on the street; 41 foot wide and å~covenðnt would be agreeable for the storm drainage. Mr. Britton replied that was correct. Councilman Cavanaugh moved, seconded by Councilman Wood, to accept the City Engineers recommendations in his letter of September 19, 1978,· No city participation on the cost of the width and thickness of the street and accept a 1 etter of credit or covenant for the storm drainage. Motion fails 5-2; Councilmen Wood and Cavanaugh voting for; Councilmen Cato, Mills, Freeman and Michener and Councilwoman Reeder voting against. After further discussion, Councilman Cato moved to approve the city participating on the extra 4 feet of width of the street,(total to be 41 feet), six inches of hot mix on a six inch lime stablized base, a covenant for the storm drainage. Motion dies for the lack of a second. Councilman Michener moved, seconded by Councilwoman Reeder, that the street be 41 feet wide, six inches of hot mix, accept a covenant for the storm drainage, the city participate on the extra four feet for the street in the amount of ,$1,995.00" participate up to $1,995.00 on the water and sewer and waive the $2,096 assessment. Motion fails 4-3; Councilmen Cato, Cavanaugh, Wood and Freeman, voting against; Councilmen Mills and Michener and Councilwoman Reeder' voting for. Councilman Cavanaugh moved, seconded by Councilman Freeman, to approve the city participati ng in the extra width,.of the street with six inches of hot mix, up to $1,995. The city not participate in the water and sewer, accept a letter of credit or covenant for storm' drainage, curb and gutter. Motion carried 4-3; Councilmen Cavanaugh, Wood, Cato and Freeman voting for; Councilmen Mills and Michener and Councilwoman Reeder voting against. 7. Mr. Gene R. (Verna) Mikulencak, 8701 Clay Hibbings Road, Fort Worth, (Keller) Texas, appeared before the Council. Mr. Mikulencak stated he had been assured by a realtor that both Kelièr and North Richland Hills had an ordinance regulating mobil homes. A mobil home could not be moved in the city unless it was in a mobil home park. Mr. Mikulencak stated a mobil home had been moved in across the street from him. He called Keller to see if it was in Keller or North Richland Hills. Keller advised him it was in North Richland Hills. Mr. Mikulencak stated he contacted Mr. Caldwell of the Inspection Departmênt and Mr. Caldwell advised Mr. Miklencak that Mr. Sheet's owned the property the mobil home was on and had been before the Council for permission to place it there. Mr. Sheet's had advised Mr. Caldwell he was going to put a roof and brick on the mobil home. Mr. Mikulenr.ak stated he had been advised by Mr. Caldwell no power would be CITIZENS REQUESTING ACTION CONCERNING A MOBIL HOME MOVED INTO AGRICULTURAL ZONING October 23, 1978 Page 7 connected to the mobil home until Mr. Sheet's had put the roof on and bricked the walls. Mr. Mikulencak stated three weeks later he contacted Mr. Caldwell again because power had been turned on Mr. Mikulencak stated Mr. Sheet's son was living in the mobil home and none of the requirements had been done. Mr. Mikulencak advised the Council he would like to have the trailer moved out. Mayor Faram asked Mr. Britton if Mr. Sheet's was in violation. City Attorney McEntire advised the Council he and Mr. Britton had discussed this matter earlier. Mr. Britton was going to start issuing citations daily. Councilman Cato asked if Mr. Sheet's had ever appeared before the Counci 1. Mr. Britton statedMr, Sheets had never appeared before the Counci 1 . Councilman Freeman asked how big the lot was wheY1e the mobil home was parked. Mr. Britton stated the property consisted of thirteen acres. Councilman Freeman asked if there were any mobil homes in the area. Mr. Mikulencak stated the only mobil homes in the area were parked in mobil home parks. Councilman Freeman asked Mr. Mikulencak if the mobil home was offensive. Mr. Mikulencak stated he felt it would de-value his property. He was afraid more mobil homes would be moved in. Councilman Freeman asked if Mr. Sheet's knew it was against the ordinance before he moved the mobil home in. Mr. Brittorr stated Mr. Sheet's did not know it was against the ordinance until he tried to get a permit. Mayor Faram asked why a temporary permit was issued. Mr. Britton stated because Mr. Sheet's was going to build, he was issued a p~rmit for a temporary electric pole. Councilman Wood asked if any construction permit had been issued or any construction going on. Mr. Britton stated a slab had been poured. Mayor Faram advised the Council he would depart fræn the rules and allow Mrs. Mikulencak to speak. Mrs. Mikulencak stated Mr. Sheet's had told her he was moving the mobil home on the property for his son to live in. Mrs. Mikulencak stated the power was supposed to be hooked-up so Mr. Sheet's could pour a slab, the slab was there before the permit was issued. Mayor Faram instructed the City Staff to enforce the ordinance if Mr. Sheet's was in violation. 8. Mayor Faram stated this item would not be heard tonight. Councilman Wood moved, seconded by Councilman Mills, to authorize Mr. Britton, Director Public Works, to negotiate for the necessary easements on the property. Motion carried 7-0. 9. Rev. Bob Northcut, Pastor Charity Baptist Church, 6517 Harmonson Road, appeared before the Council. Rev. Northcut advised the Council the church wanted to erect a metal building. They planned to brick the building later. Councilman Wood asked Rev. Northcut if he had discussed this with any of the property owners in the area. Rev. Northcut stated he had discussed the building with the property owners on the east side and they were all pleased. Councilman Michener moved, seconded by Councilman Mills, to grant a temporary variance of two years to Charity Baptist Ch"l.rch. Motion carried 7-0. 10. Ms. Betty Nolen, Principal, W. A. Porter, appeared before the Council. Ms. Nolen advised the Council about 470 students that attend W. A. Porter school live across Precinct Line Road. Ms. Nolen stated they felt a crossing guard was needed at Precinct Line Road and Martin. Councilman Freeman åsked how the Council could authorize the hiring of a crossing guard if it was not budgeted for. Mayor Faram stated a budget adjustment would have to be made. CITY ATTORNEY McENTIRE LEFT THE MEETING AT THIS TIME. October 23, 1978 Page 8 DISCUSSION OF CONDE- MNATION OF EASEMENT FOR STORM DRAINAGE ,SYSTEM, MR. JOHN - WATSON, BUILDER PRESENTING. TABLED OCTOBER 9, 1978 CITIZENS PRESENTATIC REX. BOB NORTHCUT PASTOR CHARITY BAPTIST CHURCH, 651ï HARMONSON ROAD REQUESTING VARIANCE TO BRICK ORDINANCE APPROVED- 2 YEARS W. A. PORTER ELEMEN- TARY SCHOOL PRINCIPA P.T.A. PRESIDENT AND PARENTS REQUESTING A SCHOOL CROSSING GUARD AT MARTIN ANO PRECINCT LINE ROß.D MS. BETTY NOLEN, PRINCIPAL PRESENTING APPROVED October 23, 1978 Page 9 Councilman Michener asked if putting up a stop sign would help. Mr. Britton stated he would not recommend putting in a stop sign. Hurst is installing flashing lights at the intersection. Mr. Lee Davis, 6421 Sunnybrook, àppeared before the Council. Mr. Davis stated he had two children that attended W. A. Porter school. Mr. Davis stated a traffic light would be ideal. Mr. Davis stated a walk-way was also need at this location. Councilman Michener moved, seconded by Councilman Cato, to direct the City Manager to get a crossing guard at Precinct Line Road and Martin with recommendations from the Police Chief, salary for the crossing guard in the amount of $1,600.00 to come from surplus. Motion carried 7-0. Mayor Faram called a recess at this time. Mayor Faram called the meeting back to order. The same Council members were present as recorded at the beginning of the meeting. All staff members present as recorded with the exception of the City Attorney. 11. Mr. F. J. Hobbs, 6829 Crane Road, appeared before the Council. Mr. Hobbs advised the Council he wanted to build his mother-in-law a frame house next to his home. Councilman Cato asked how much acreage Mr. Hobbs owned. Mr. Hobbs stated his lot was 3/4 of an acre. .Councilman Mills asked Mr. Hobbs if he lived in the house that was presently on the lot. Mr. Hobbs replied he did. Councilman Mills asked Mr. Hobbs if the present house was brick. Mr. Hobbs-~eplied the house was frame. Councilwoman Reeder asked if the new building would be attached to the present house. Mr. Hobbs replied it would not be attached. Councilman Cavanaugh stated that it _was in violation of the Zoning Or.dinance to build a 750 square foot house. RECESS BACK TO ORDER CITIZEN PRESENTATIO F. J. HOBBS, REQUESTING A VARIAN' FROM THE BRICK ORD. DENIED October 23, 1978 Page 10 Mr. Britton stated Mr. Hobbs would be in violation of the Ordinance. On property that is not zoned it would have to be platted. Mr. Britton stated Mr. Hobbs could get a variance from the Board of Adjustment on the square footage. Councilman Cato asked if Mr. Hobbs requested a permit to add 750_square fep.t to his existing home, would the city allow the addition to be frame. Mr. Britton stated if Mr. Hobbs presently has 1,500 square feet in his present home it would be allowed. Mr. Britton stated you could not add more that 50% in non-conforming zoning. Councilman Cato asked Mr. Hobbs how many square feet was in his present home. Mr. Hobbs stated his present home had 2,000 square feet. Councilman Michener moved, seconded by Councilman Cato, to deny the request of Mr. F. J. Hobbs. Motion carried 7~0. Councilman Cato asked if Mr. Hobbs wanted to add 750 square feet to his present home would he have to come back before the Council. Mr. Britton stated that as long as Mr. Hobbs did not add an other kitchen he would not have to appear before the Council. 12. Mayor Faram declared the Public Hearing on PZ 78-29, and called for anyone present wishing to speak for this case to please come forward. Mr. Ted Harp, one of the owners of the property appeared before the Council. Mr. Harp stated he had met with the Planning and Zoning Commission on this zoning request but had missed the Council meeting when it came before the Council in August. Mr. Harp stated he was asking the Council for their approval of the request. Counci lman'~Cavanaugh asked what the property on Timber Drive was zoned. PUBLIC HEARING ON PZ 78-29, REQUEST OF JOHN McNARY TO REZONE APPROXIMATEL) 8.48 ACRES FROM AGRICULTURE TO A PROPOSED 1[-8.. ONE FAMILY DWELLING WITr MINIMUM LIVING AREA OF 1,500 SQUARE FEEl TABLED AUGUST 28~19ì Mr. Britton stated a small portion was zoned IF-12. Mayor Faram called for anyone present wishing to speak against this ~equest to please come forward. Mr. Kenneth Hale, Attorney, owner of the property at 8509 Oakridge Lane, appeared before the Council. Mr. Hale stated he was not actually against this request. ~r. Hale stated there was a title problem on the pl'0perty about who owned the 23 foot street. Mr. Hale stated this could be worked out with Mr. Harp. Mr.*Harp would be deeded the street. *Hale October 23, 1978 Page 11 Mayor Faram closed the Public H~aring. 13. Councilman Wood moved, seconded by Councilman Mills, to approve Ordinance for PZ 78-29. Mr. Britton advised he recommended postponing this item until ownership could be determined. Councilman Cavanaugh moved, seconded by Councilman Cato, to postpone PZ 78-29. Motion carried 6-1; Councilmen Cato, Mills, Cavanaugh, Freeman and Wood and ;Councilwoman Reeder voting for; Councilman Michener against. Councilman Wood asked Mr. Britton when the question of ownership was brought to his attention. Mr. Britton stated it was brought to his attention at the meeting tonight. 14. Mr. Britton advised the Council a portion of the original PUBLIC HEARING ON Planned Development of this property had been zoned Multi-Family PZ 78-33, REQUEST OF and he had been instructed to get the property in conformance THE CITY OF NORTH with the zoning. . RICHLAND HILLS TO· REZONE LOT 1, BLOCK Mayor Faram called for anyone present wishing to speak 2, AND 4, NORTHRIDGc against this case to please come forward. ADDITION FROM PLANNE DEVELOPMENT TO MULT] Mayor Faram closed the Public Hearing. FAMILY APPROVED CONSIDERATION AND APPROVAL OF ORDINANC FOR PZ 78-29 POSTPONED -- 15. Councilman Michener moved, seconded by Councilman Wood, to approve PZ 78-33, Ordinance No. 723. Motion carried 7-0. Mr. Dèlbert Stembridge representing Alco Development Company appeared before the Council. Mr. Stembridge stated thi~ property had several easements and water lines. His clients feel they can get two lots out of it. CONSIDERATION AND APPROVAL OF ORDIN- ANCE FOR PZ 78-33 APPROVED-ORDINANCE ORDINANCE NO. 723 PUBLIC HEARING ON PZ 78-34, REQUEST OF ALCO DEV. CO. TO REZONE APPROX. 949 ACRES FROM IF-12 ONE FAMILY DWELLING TO IF-9 ONE FAMILY DWELLING MINIMUM 1500 SQ. FT. FLOOR SPACE 16. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak for this case to please come forward. Councilman Cato stated the map showed this property to be where the city had a water pump station. Mr. Stembridge stated the property was north of the pump station and southwest of the park. Mayor Faram called for anyone present wishing to speak against this request to please come forward. Mayor Faram closed the Public Hearing. October 23,: 1978 Page 12 Councilman Cato asked how many letter~ were sent to surrounding property owners on this request. CONSIDERATION AND APPROVAL OF ORDIN- ANCE FOR PZ 78-34 APPROVED ORDINANCE NO. 724 17. Councilman Michener moved, seconded by Councilman Mills, to approve PZ 78-34, Ordinance No. 724. City Secretary Moore replied 20 letters were sent. Motion carried 5-2; Councilmen Cato, Mills, Wood, Michener and Councilwoman Reeder voting for; Councilmen Cavanaugh and Freeman voting against. Mr. Glen Buckner, Developer., appeared before the Council. Mr. Buckner stated he had owned this property for four or five years. He would like to build some nice duplexes on the lots. Mayor Faram called for anyone wishing to speak against this case to please come forward. PUBLIC HEARING ON PZ 78-35, REQUEST OF GLEN BUCKNER TO REZONE TRACT A, BLOCK 5, GLENANN ADDITION FROM LOCAL RETAIL TO 2F-9 TWO FAMILY DWELLING 18. Mayor Faram open the Public Hearing and called for anyone present wishing to speak for this case to please come forward. Mr. Larry Haynes, '8400 Randy Drive, appeared before the Counci 1. Mr~· Haynes stated that if the property had to be zoned for duplexes, he requested that the entrances be off Amundson Road and not Randy Drive. Mr. Haynes stated he objected to rent property. Councilman Michener asked Mr. Haynes what he would prefer bui lt - on the .property. Mr. Haynes stated he would like for single family residents to be built. Mayor Faram closed the Public Hearing. 19. Councilman Mills moved, seconded by Councilman Michener, to approve PZ 78-35. Motion failed 4-3; Councilmen CCj.to, Wood.. Cavanaugh, .and Freeman voting ;aga'inst,; Councilmen Mills, Michener and Councilwoman Reeder voting for. CONSIDERATION OF ORDINANCE FOR PZ 78-35 COUNCILMAN FREEMAN LEFT THE MEETING AT THIS TIME. Councilman Cato asked how many letters were sent on PZ 78-35, to surrounding property owners. City Secretary Moore replied 17 letters were sent. Councilman Cato asked if the letters were sent to primarily property owners. City Secretary Moore stated several letters were sent to Randy Drive and Main Street, all were in the Glenann Addition. 20. Mayor Faram stated this item remained moot because the request for zoning was denied. Councilman Cato stated that in reference to item 19, he would like to reconsider this item. Councilman Cato moved, seconded by Councilman Mills, to reconsider Item 19, PZ 78-35. Motion carried 4-2; Councilmen Cato, Mills, Michener and Councilwoman Reeder voing for; Councilmen Cavanaugh and Wood voting against. £ouncilman Mills moved, seconded by Councilman Michener, to approve PZ 78-35, Ordinance No. 725. Councilman Cavanaugh asked Councilman Cato why he wanted to reconsider PZ 78-35. Councilman Cato stated that Councilman Wood was trying to ask how many letters were sent to property owners in the area. That question was never answered before the .item came ~p for a vote. Therefore, I felt disinclined to vote for it until the question was answered. Apparently there were i7 notices sent and only one person was not in favor of the rezoning. Therefore, I felt I had voted incorrectly and wanted an opporunity to reconsider. Mayor Faram instructed the Staff that in the future the number of letters sent on Planning and Zoning cases be sent to the Council in the agenda packet. Mayor Faram called for a vote on the motion. Motion carried 4-2; Councilmen Cato, Mills, Michener and Councilwoman Reeder voting for; Councilmen Cavanaugh and Wood voting against. Councilman Cato asked that Mr. Haynes of 8400 Randy Drive be notified of the Council IS action since he had already left the meeting. October 23, 1978 Page 13 PS 78-46, REQUEST OF GLEN BUCKNER FOR REPLAT OF TRACT A BLOCK 5, GLENANN ADDITION 20. Councilman Michener moved, seconded by Councilman Mills, to approve PS 78-46, subject to the Engineers letter of September 2, 1978. Motion carried 6-0: 21. City Engineer Perkins stated the plans for the Water Distribution System were in the Conference Room. Mr. Perkins stated a proposed 1611 line from Starnes Road to Bursey Road, north to Smithfield Road to the tank site on Bursey Road was shown in the plans. Councilman Michener moved, seconded by Councilwoman Reeder, to approve the Plans and Specifications foy' Water Distribution System Extensions. Motion carried 6-0. 22. Mr. Perkins stated this Public Hearing would be held for anyone present wishing to see the map showing areas of the city eligible for funding. Mr. Perkins stated ~he area on the map in red _ was deter.mined by the Planning Department of Tarrant County to be eligible for_funding. The area has to be classified as a low income area. The blue area are those areas which all eligible work has been completed. The yellow area indiciates possible drainage projects. The green area indiciates possible street projects and the brown area indiciates possible water improvements. Mayor Faram opened the Public Hearing. There was no one present to who wanted to speak. Mayor Faram closed the Public Hearing. Mayor Faram stated the next Public Hearing on the Tarrant County Community Development Program would be held November 13, 1978; 23. Councilman,~ichener moved, seconded by Councilman Wood, to approve Resolution No. 78-16. Motion carried 6-0. October 23, 1978 Page 14 PS 78-46, REQUEST OF GLEN BUCKNER FOR REPLAT OF TRACT A, BLOCK 5, GLENANN ADDITION APPROVED CONSIDERATION AND APPROVAL OF PLANS AND SPECIFICATIONS FOR WATER DISTRI- BUTION SYSTEM EXTENSION -APPROVED PUBLIC HEARING, TARRANT COUNTY COMMUNITY DEVELOPME~ , PROGRAM - CONSIDERATION AND APPROVAL OF RESOLUTION TO PARTICIPATE IN TARRANT COUNTY's FIFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAt1 APPROVED RESOLUTION 78-16 24. Councilman Cavanaugh moved, seconded by Councilman Wood, to approve Ordinance No. 726. After discussion, Councilman Cato moved, seconded by Councilwoman Reeder, to amend the Ordinance limiting· the number of rooms from 100 to 50 rooms. Amended motion carried 6-0. 25. Councilman Michener moved, seconded by Councilman Wood, to accept the low bid of Hudiburg Chev, in the amount of $39,282.54, for six police vehicles. Motion carried 6-0. 26. Councilman Mills moved, seconded by Councilman Wood, to authorize payment in the amount of '$1,620.00 for membership dues to North Central Council of Governments. Motion carried 6-0. 27. Councilwoman Reeder moved, seconded by Councilman Mills, to approve specifications and bidding for five (5) 5/8 ton pick-up trucks. - Acting City Manager Gertz advised the Council the specifications had been re-written. Motion to approve carried 6-0. 28. Councilman Cavanaugh moved, seconded by Councilwoman Reeder, to approve the plans for Spur 452 construction. Motion carried 6-0. 29. Councilman Cavanaugh moved, seconded by Councilman Michener, to approve authorization to participate with the State Department of Highway & Public Transportation not to exceed $130;000.00, for the reconstruction of Spur (452). Motion carried 6-0. October 23, 1978 Page 15 CONSIDERATION AND APPROVAL OF ORDIN- ANCE TO LEVY A TAX ON THE COST OF OCCUPANCY OF ANY , SLEEP I NG ROOM FURNISHED BY A HOTEL APPROVED CONSIDERATION OF AWARDING BID FOR SIX (6) POLICE VEHICLES APPROVED AUTHORIZATION TO PAY $1,.620.00 FOR MEMBERSHIP DUES TO NORTH CENTRAL COUNCIL OF GOVERNME~ OCTOBER 1, 1978, TH~ 'SEPTEMBER 30, 1979 APPROVED APPROVAL OF SPECIF- ICATIONS AND BIDDING FOR (5) 5/8 TON PICK-UP TRUCKS. TABLED OCTOBER 1, 1978 APPROVED CONSIDERATION AND APPROVAL OF STATE HIGHWAY & PUBLIC TRANSPORTATION CONSl PLANS FOR SPUR 452 (GRAPEVINE HIGHWAY) TABLED OCTOBER 9,19~ APPROVED CONSIDERATION AND AUTORIZATION TO PARTICIPATE WITH THE STATE DEPARTMENT OF HIGHWAY & TRANS- PORTATION, NOT TO EXCEED $130,000.00, FOR THE RECONSTRU- TION OF SPUR 452. TABLED OCT. 9, 1978 APPROVED 30. Mayor Faram adjourned the meeting of October 23, 1978. October 23, 1978 Page 16 ADJOURNMENT Mayor - Dick Faram ATTEST: Jeanette Moore - City Secretary