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HomeMy WebLinkAboutCC 1976-06-28 Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 7301 NORTHEAST LOOP 820, JUNE 28, 1976 - 7:30 P.M. CALL TO ORDER Mayor Newman called the regular meeting to order June 28, 1976, at 7:30 p.m. The invocation was given by Councilwoman Goodnight. Approval of the Minutes of the May 17, 1976 Meeting - Postponed from the June 14, 1976 Meeting Councilwoman McClure moved, seconded by Councilman Conant, to approved the minutes of May 17, 1976. Motion carried 7-0. Approval of the Minutes of the June 14, 1976 Meeting Councilman Conant moved, seconded by Councilman Smith, to approve the minutes as presented. Motion carried 6-0; Councilwoman Goodnight abstaining due absence from this meeting. ROLL CALL PRESENT: Mayo r Councilman Councilwoman Councilmen Councilwoman STAFF PRESENT: City Attorney City Engineer Di rector of Public Works Acti ng City Secretary ABSENT: City Manager INVOCATION APPROVAL OF MINUTES APPROVAL OF MINUTES SERVICE AWARD T. E. Newman Denver Mills Dorothy McCl ure George Conant John Lamond Walter Smith James Cato JoAn Goodnight Rex McEnti re Dick Perkins Ray Bri tton Jeanette Moore M. E. Riddle Presentation of 5 Year Service Award Mayor Newman presented Kathy Drake, of the Police Department with a certificate and five year service pin for five years of servi ce to ci ty. REQUEST Councilman Mills advised that the Richfield Park Project that was tabled at the June 14, 1976, meeting was not on the agenda. Mayor Newman advised that he had requested this item not be on the agenda so further study could be done. Mayor Newman advised the Council that he had a request to hear item #11 on the agenda at this time because the Attorney representing this case needed to leave as soon as possible. Councilman Lamond mòved, seconded by Councilwoman Goodnight, to grant the request. Motion carried 7-0. PLANNING & ZONING PZ 76-5 PZ 76-5, Request of First National Bank of Hurst - Postponed from June 14, 1976 Meeting Mr. Charlie Evans, Attorney, represented the First National of Hurst in this zoning request. Mr. Evans reminded the Council that this hearing was not a Public Hearing. The Public Hearing was closed at the June 28, 1976 meeting. Mr. Evans advised the Council that Rex McEntire, Mayor Newman and himself had a meeting to try and work out something on the building. He then talked to the Board of Directors and they would not sign a statement stating they would tear the building down. Councilman Cato asked Mr. Evans if the Bank would lower the roof of the building. Mr. Evans replied that they had talked with a Engineer and it could not be done, nor could a flat roof be put on the building. Councilwoman Goodnight asked Mr. Evans if the suit filed against O.D.S., did not apply to the Bank. Mr. Evans replied it did not. Councilman Lamond asked Mr. Evans if he thought the building was legal. Mr. Evans replied he was almost sure it was, but he was only asking to have the property rezoned, not the building. Mr. Evans asked that anyone in the audience opposing this zoning request to stand since it was not a Public Hearing. No one responsed. Councilman Cato moved, seconded by Councilman Conant, to deny PZ 76-5. Motion carried 6-1; Councilwoman McClure voting against the motion. CITIZENS PRESENTATION Mr. Ron Lyde, Hewitt Street Drainage Mr. Lyde was not present at this time. Councilman Cato moved to hear this request later. Motion carried. CITIZENS PRESENTATION Mr. Harold Bresnan, Variance from Brick Ordinance - Postponed from the June 14, 1976 Meeting Mr. Doug Long, Engineer, 1615 Prencinct Line Road, Hurst, represented Mr. Bresnan in this request. Mr. long advised the Council that Mr. Bresnan was building a two-story house in Fossil Creek Trails Addition and the house was valued at approximately 65~OOO. The house did not conform with the Building Code, which requires that the house be at 75% brick. Mr. Bresnan wanted to use brick on the lower portion and on the upper story use siding. Mr. Long showed the Council plans of the house. After discussion, Councilwoman Goodnight moved, seconded by Councilman Cato, to grant Mr. Bresnan the variance. Motion carried 7-0. Councilman Mills moved to hear Item #9 & #10 together, both cases were one in the same. Motion carried. PLANNING & ZONING PZ 76-7 PZ 76-7, Request of R. F. Ames to rezone 1.06 acres from Agriculture to IF9-15 Mayor Newman declared the Public Hearing open on PZ 76-7 and called for anyone present wishing to speak for this case to please come forward. Mr. Doug Long, Engineer, represented Mr. Ames and Mr. Coulson. Mr. Long stated this property contained less than 2 acres and the Zoning Ordinance required that you have 2 acres to be able to build. The land was also land locked. To solve the problem they were asking for the zoning and platting, with a 70 foot frontage on Crane Road. Mr. Long stated that they complied with the City Engineers recommendations. Councilman Conant asked Mr. Long what the adjoining property was zoned. Mr. Long replied most of the land was zoned agriculture and some had houses. Some lots south of the property was zoned IF-9. Councilman Mills asked if the property was in the area of Conet Drive. Mr. Long replied it would not interfere with Conet Drive. Mayor Newman called for anyone present to speak against this case to please come forward. No one spoke against this request. Mayor Newman closed the Public Hearing. Councilman Lamond moved, seconded by Councilwoman McClure, to approve PZ 76-6, Ordinance #629. Motion carried 7-0. PS 76-7 Councilman Conant moved, seconded by Councilwoman McClure, to approve PS 76-7, Preliminary and Final Plat of Coulson Addition. Motion carried 7-0. APPOINTMENT Approval of Appointment to the Civil Service Commission Councilman Lamond moved, seconded Councilman Smith, to approve the Mayor's appointment of Mr. Doug Carter to the Civil Service Commission. Motion carried 7-0. APPOINTMENT Approval of a Health Officer Councilman Lamond moved, seconded by Councilman Smith, to approve the Mayor's appointment of Dr. James W. Walker as Health Officer for the City. Motion carried 7-0. RESOLUTION 76-10 POSTPONED FROM THE JUNE 14, 1976 MEETING Consideration of Resolution 76-10, Water Study Criteria Councilman Lamond moved, seconded by Councilman Conant, to approve Resolution 76-10. Councilman Mills advised that after receiving the City Engineers letter, showing the criteria, he felt there was only one or two items the Council could reasonably act on. One being the population projection for North Richland Hills. The other, the engineering criteria or planning criteria. He stated he did not know if the 120 gallons per captia, per day was a resonable figure or not. He stated he felt the Council needed a comparison on what other cities are using. He advised Mr. Perkins that he could recommend the study and the Council could approve it like it was. Mr. Perkins advised the Council the reason for this was that when the Engineers get into the study and firm-up the means by which the city will receive water from TRA. He stated that his firm represented at least four of the five cities that are in this program, and they wanted the Council to make the ultimate decision on behalf of the program. He stated that they felt it necessary that each individual Council respond either favorably or with exceptions to what he recommended so that no one city later on say that one city received more than the other. Mr. Perkins advised the Council that the Community Development Report had been sent to Austin, which was an up-date of North Richland Hills Water System Master Plan. Councilman Mills asked what happened to the report'th~y submitted in 1971. Was it put in the files or did the Council take action on it. Councilman Cato stated that he thought the report was inconjunction with the acquisition of Tarrant County Water Supply. Another Firm did a study and Knowlton-English-Flowers & Collins disagreed with portions of study. Knowlton- English-Flowers & Collins did another study of what was in existance and what basically needed to be done on a top priority basis. The City Attorney asked if the 1971 study was formally adopted. Councilman Cato adivsed he did not recall accepting it in entirety, but was sure there was Council action. Motion carried 7-0. PETITION Consideration of Petition Regarding Ordinance 626 Mayor Newman gave the following results of the petition presented at the June 14, 1976, Council meeting asking that Ordinance 626 be recsinded. There were 471 people who signed the petition. 93 persons could not be found on the voters list; 26 persons had undated signatures and 62 faulty signatures. For a valid petition 434 signatures were needed, therefore, the petition was not valid. Mr. Henery Besson, 6719 Harmonson Road, appeared before the Council to speak on this item. Mr. Besson stated that since the City Attorney was not present at the June 14, 1976, meeting he would like to ask his opinion on one or two items. Mr. Besson asksed the City Attorney if Ordinance 626 was legal. Mr. McEntire replied he had not been told it was not legal. It was only an interpretation of the Charter. Mr. Besson advised his interpretation of the Ordinance was an attempt to change the Charter. Mr. McEntire advised Mr. Besson it was not an attempt to amend the Charter. Mr. Besson stated that in his opinion the Ordinance took away the power of the Mayor to appoint and remove certain people. The Charter stated that the Mayor appointed and removed. Mr. McEntire advised Mr. Besson that the Ordinance did not take away the Mayors power, it only clarified a section of the Charter. The Mayor appoints and the Council confirms. CITIZENS PRESENTATION Mr. Besson stated that if Ordinance #626 was left in force he had no alternative but to get a court decission on whether or not it changed the Charter. Mrs. Myrtis Byrd, 8320 Dude Court, appeared before the Council to speak on Ordinance # ,626. Mrs. Bryd advised the Council that the passing of Ordinance #626 was not legal. Mrs. Byrd asked the Council to rescind the Ordinance and save the tax payers money by not having to have another election. She stated she did not think the Council had the power to change or clarifiy the Charter. If the Ordinance was not rescinded she would get an Attorney and take legal action. Mrs. Byrd stated if the Charter was going to be changed, let the people do it. Mrs. Byrd stated that what was good for the former Mayor should also be the same for the present Mayor. Mr. McEntire advised Mrs. Byrd that Ordinance #626 did not change the Charter, only clarified sections of it. Mrs. Byrd stated this was the first time that such an Ordinance like 626 had been passed and she for one did not believe it was legal. Councilman Cato asked the City Attorney if the Charter stands, disregarding Ordinance #626, the Mayor cannot remove or appoint any paid employee,City Secretary, City Manager, Court Clerk or City Judge. The City Attorney replied, that was correct. Councilman Cato asked that without Ordinance #626 the Mayor had no control over the appointment or removal of the City Manager, Planning and Zoning Commission or Board of Adjustment. Mr. McEntire answered that was correct. Councilman Cato advised that with the employees mentioned above, that the Mayor is listed in the Charter as being able to remove or appoint, if the Mayor chooses to remove, is it your opinion that the Mayor can send these employees home to await action by the Council to ratify or deny his removal, in which case they are re-instated as though the removal had never happened. The City Attorney replied that was correct. Councilman Cato advised that the Charter, as it now states, without 'Ordinance #626, on appointment the Mayor can appoint the four key employees, but they cannot be seated or take any action or do any work for the City until at which time the Council approves the appointment. The City Attorney replied correct. Councilman Cato advised, with all this in mind, Ordinance #626 was instituted by the Council in order to keep the Mayor from draging the City through the spectacle of sending employees home to wait action by the Council on approving or disapproving his action. Councilman Cato stated that the Council's intent was to get the Mayor to get Council approval before removing. Councilman Cato stated that with all the threats of law suits and re-calls, he as the creater of Ordinance #626, moved to adopt Ordinance #630, which is as follows: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: Ordinance No. 626 be and is hereby repealed. Councilwoman McClure seconded Councilman Cato·s motion. Councilwoman Goodnight asked if Ordinance #626 was rescinded would the Council be in danger of the same thing happening again. The City Attorney advised the thought all the problems behind them, and di~rupting city hall. ITEM ADDED CITIZENS PRESENTATION ADJOURNMENT ATTEST: ~~~~~ Je ... e oore- c lng lty Secretary Councilman Lamond stated that he wished to address Mrs. Byrd. The statement she made about the previous Mayor and his power. Before when the Mayor wanted to remove someone, the Council was made aware of the situition and they got together and on the problem then took what ever action that was necessary. Councilman Lamond also stated that Ordinance #626 gave the Council no more authority along the due process line than they had with the Charter and they are not giving it up by repealing Ordinance #626. Motion to adopt Ordinance #630, repealing Ordinance #626 carried 7-0. Mayor Newman asked Mr. Lyde was present so the Council could hear his request. Mr. Lyde was not present. Mayor Newman advised that due to Council members being on vacation and the Mayors Council banquet, the July 12, 1976, and July 26, 1976, Council meeting dates needed to be changed. Councilman Lamond move~ seconded by Councilman Smith, to postpone the July 12, 1976, meeting to July 19, 1976, and cancel the July 26, 1976. Motion carried 7-0. Mrs. Norman Thompson Chairperson Bicentennial Committee Mrs. Thompson appeared before the Council to inform them that the Bicentennial program would be presented Saturday, July 3, 1976, The unveiling of the mural and raising of the Flag. Mrs. Thompson also advised the Council that the certificates were going fairly fast if anyone wanted one they should place their order. Mayor Newman adj uorned the June 28, 1976, Council meeting at 9:00 p.m. d¿:~-J T. E. New an - Mayor