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HomeMy WebLinkAboutCC 1976-08-23 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, AUGUST 23, 1976 - 7:30 P.M. CALL TO ORDER Mayor Newman called the regular meeting to order August 23, 1976, at 7:30 p.m. ROLL CALL PRESENT: Mayor Councilwoman Councilmen Tom E. Newman Dorothy McCl ure Denver Mills George Conant l~a 1 ter Smi th John Lamond James Cato JoAn Goodnight Councilwoman STAFF PRESENT: Acting City Secretary Director Pulbic Works City Attorney City Engineer Director Utilities Jeanette Moore Ray Bri tton Rex McEntire Di ck Perki ns Allen Bronstad MEMBERS OF PRESS: Northeast Community News Paul Churchman ABSENT: Ci ty Manager M. E. Riddle I NVOCA TI ON APPROVAL OF MINUTES Councilman John Lamond gave the invocation. Approval of the Minutes of the August 9, 1976, Meeting Councilman Conant moved, seconded by Councilman Mills, to approve the minutes of the August 9, 1976, meeting. Motion carried 5-0; Councilwomen McClure and Goodnight abstaining due to absence from the meeting. CITIZENS PRESENTATION Presentation by Charlie Evans and Gib Lewis Mayor Newman advised the Council that State Representatives Charles Evans and Gib Lewis would like to present the City with a podium for the Council Chambers. August 23, 1976 Page 2 Representative Lewis stated to the Council that he and Representative Evans would like to present them with a Podium. He stated that he had attended previous council meetings and felt that people appearing before the Council would feel more at ease with the podium, and also have some place to lay their paper work. The Council expressed their appreciation to Representative Lewis and Evans. CITIZENS PRESENTATION Citizen Presentation - Martin Lufkin Re: Foster Village Water Supply Mr. Martin Lufkin, 6740 Shady Dale Court, appeared before the Council representating some of the property owners in Foster Village. Mr. Lufkin stated that in the last week he had taken pressure readings at different times of the day. The readings were not up to what is required. Mr. Lufkin expressed his appreciation to Mr. Bronstad for his help when the water pumps broke down on August 15. Mr. Lufkin asked the Council what they were going to do to solve the problem. There was 10 citizens from Foster Village present. Mr. Jim Harris, Foster Financial, Corporation, representing Foster Village, appeared before the Council and stated that the water problem had just recently been brought to the attention of Foster Financial. Mr. Harris advised that it was of great concern to them, they wanted to finish building in the sub-division. Mayor Newman asked for Mr. Allen Bronstad, Director of Utilities, to give a report on the water supply to Foster Village. Mr. Bronstad advised that the City had plenty of water in storage, the main concern was getting it to the people in the higher areas. The city is anticipating another line to Foster Village from the Starnes Road tank. August 23, 1976 Page 3 Dick Perkins, City Engineer, advised the Council the water line to Foster Village would be an emergency line. This was part of the over all Master Plan to get water to Foster Village. Mr. Perkins showed the Council a map with the proposed improvements. Mayor Newman asked the Engineer what the time limit would be on installion of the line. Mr. Perkins advised if there was no trouble in obtaining the required easements, about 6 months. Councilwoman McClure asked if the proposed line would help the people on Bursey Road. Mr. Perkins stated it would not. Mr. Perkins stated there was plans for other lines, but there had not been any recent development in the area of Bursey Road. Mr. Perkins advised that for immediate relief for Foster Village, an extension of a 12 inch line at the intersection of Douglas Lane, in Starnes Road west to the existing 12 inch line in Starnes Road to Foster Village. Mr. Perkins advised that we were approching the time for another water supply. A study was being made and should be ready by October where we will propose getting additional water from TRA. Councilman Cato advised that he was concerned with the fact that the city already had a 12 inch line in the second phase of Foster Village, two lots are owned by someone other than Fos ter. If the city put the 12 inch 1 i ne in they would have to pay for the line across the undeveloped land. The rest we would ask Foster Financial for. Gouncilman Cato stated that he was aware of the fact that the Utility Department was currently trying to set up a system to help get water to Foster Village, but he would be reluctant to issue building permits until some- thing permanent was done. Mr. Jim Harris advised he would have to ta 1 k to Oi s partners about payi,ng for part of the water line. Augus t 23, 1976 Page 4 Mayor Newman advised the citizens of Foster Village that the City would continue to work on the low water pressure prob 1 em. CITIZENS PRESENTATION Mrs. J. B. Lewis Re: Mobil Home and Boning Mrs. J. B. Lewis, 8437 Gifford, Smithfield, appeared before the Council and advised that she had moved her mobil home on a lot on Gifford Road. She stated that they thought they had complied with all requirements, now they can not get utilities. She asked the Council to grant her permission to leave her mobil home on the lot and get her utilities turned on. Mayor Newman asked Mrs. Lewis if the lot was zoned for a mobil home. Mrs. Lewis replied it was not, and she could not afford to have the property rezoned. Mr. Britton, Director of Public Works, advised the Council that Mrs. Lewis was told that the lot was not properly zoned before she moved on the lot. Mr. Britton stated that the tax records showed Roy Gifford as owner of the lot and it is zoned agriculture. There is no sewer available, it has a 500 gallon septic tank, no water or electricity. The Council was advised that a petition containing 25 signatures was presented to let the Lewis's keep their mobil home on this property. After discussion, Mr. Britton advised that if the water situation could be taken care of the rest could be resolved. Mrs. Lewis advised that Mr. McKee had agreed to furnish them with water if the city would let him. Councilman Smith advised that ~e had been out to the Lewis· and Mr. Lewis informed him that extra line had been added to the septic line. August 23, 1976 Page 5 Mr. Britton advised that the septic tank had not had a percolation test. Councilwoman McClure asked Mrs. Lewis how far away the water was. Mrs. Lewis replied that the water was about 75 feet away. Mr. McKee is presently serving the other trailers in the area. The City Attorney advised the Council that this lot did not have the proper zoning, the Council could issue a Specific Use Permit. Councilman Mills advised that he had visited the area and trailers were parked to the west and across the street. He felt that the City Attorney should write a permit to allow MbKee to furnish water to the Lewis'. This permit would be strickly a Hardship permit for the Lewis'. Councilman Lamond stated that the permit should also include to IIhold the City harmlessll. Councilman Cato that it would be allowed on this case only. Also include in the permit that a percolation test be taken on the septic tank. Councilwoman Goodnight asked Mrs. Lewis if Mr. McKee did not furnish her water, did she have any other alternative. Mrs. Lewis stated she did not. Councilman Lamond moved, seconded by Councilwoman McClure, to grant Mrs. Lewis a Hardship Permit drawn up by the City Attorney stating that the City would be held harmless, a percolation test be taken on the septic tank and this permit would apply only to the Lewis's. Motion carried 7-0. CITIZEN PRESENTATION Mr. Ron Lyde Re: Hewitt Street Drainage Project Mr. Lyde, 6725 Hewitt, appeared before the Council concerning the drainage problem on Hewi tt Street. August 23, 1976 Page 6 Mr. Lyde advised the Council that every year money was approved for Hewitt Street drainage and so far nothing had been done. He stated that he had talked with the City Manager and the City Engineer concerning the drainage and an agreement had not been reached. Mr. Lyde stated that at the August 9, 1976, Council meeting a plat was approved for a housing project above Hewitt Street and this would add to the drainage problem. Mr. Lyde asked that no building permits be issued until the drainage on Hewitt was solved. He stated that he would be willing to pay his share for curb and gutter. Councilman Cato asked Mr. Lyde what housing project he was referring to. Mr. Lyde replied Biarwood III. Councilwoman Goodnight read an insert from the August 9, 1976, Council meeting stating that the Engineer of Biarwood had met all normal requirements. Mr. Lyde advised he did not understand why the project was approved and nothing done to help the drainage on his street. At past Council meetings he had been told it would be expensive to fix the drainage. The City Engineer had stated it would cost about $400,000 to fix it right. Councilman Lamond advised that 22,000 or 23,000 was asked for the project for cleaning out the ditches. The staff was asked last time why it had not been done, the Council thought it had. It was stated that they had a suggestion from you close to the time the city was told to do this project, which dealt with the County cleaning out the ditches and saving the city some money. The staff stated they could not do this because the way the work would be done the city would be held libel for the results of the work. You felt that $23~000 was too much. Mr. Lyde stated the did not know why the work had not done 3 years ago when the developer of Biarwood escrowed the money. Augus t 23, 1976 Page 7 Mr. Britton stated there was no Biarwood 3 years ago. He also stated that Mr. Lyde had only lived on Hewitt about 20 months and the previous owners had the same problem. Mr. Lyde was aware of the situation before he bought the house. Councilman Mills asked the City Engineer what the $400,000 was for. Hr. Perkins replied that at the time the $400,000 was discussed they were asked to give a recommendation to the city on what it would take to eleminate the problem, the Council was advised that a temporary arrangement could be done. Extend the drainage down to Biarwood and work the pattern down to Calloway Creek. The cost would be $350,000 to $400,000. Mr. Perkins advised that it was his opinion that if anything behond the $23,000 was done in the Hewitt area, it should go all the way to Calloway Creek. Councilman Mills asked the City Engineer if this was part of the orginial CIP Drainage Program. Mr. Perkins advised it was not. It was recognized by the Engineering Firm that it was an area that would need some drainage relief. Mr. Perkins stated that he would like to clarify a question, that he misunderstood earlier or at the last Council meeting, a comment by Councilman Lamond that the Council instructed the Engineer to proceed with the $23,000 project. He understood that nothing else would be done until Mr. Lyde had been contacted. Mayor Newman advised it was his understanding that the Council instructions was to proceed with the project. Councilman Cato advised the City Engineer that it was his understanding that the work had not been done last year because the Engineer was worki ng with Mr. Lyde and was unable to reach an agreement. August 23, 1976 Page 8 . Mr. Perkins advised that was correct. He had already begin work on the project and gotten part of the work done and Mr. Lyde called and expressed that he felt that $23,000 was too much to spend for the project for no more relief than he would receive. At that time he wrote a letter to the City Manager and stated that he planned to go no futher until Mr. Lyde could be heard again or until futher directions from the City Manager or the Council. To this date the work has not been resumed. Councilman Cato advised he had talked with Mr. Lyde and he expressed a desire to proceed with the $23,000 project. Mr. Lyde advised that it was his desire to have the County clean the ditches on the east side. This is the side that is proposed to be made larger, the $23,000 is only for the box culvert. Mayor Newman advised Mr. Lyde that he would disuss this problem with the City Manager and find out why the project had not been taken care of. They would contact him later. PLANNING & ZONING PS 76-8 PS 76-8, Postponed from the August 9, 1976 Meeting - Replat Hillview, Lots 10, 11, 12 and 13, Block 6 Mayor Newman called for anyone present to speak for the case to please come forward. Mr. James Rust, 5001 Gage, appeared before the Council to speak for this case. Mr. Rust advised the Council that he wanted to replat this property so it would be all in one piece. He stated that the time limit for filing the plat had expired. He was advised by the City that if he had it replated he could get a building permit. There had been a misunderstanding between him and the previous owner. Councilman Cato asked Mr. Rust what the date on the permit was that the previous owners had. Mr. Rust replied about February of 1976. August 23, 1976 Page 9 Councilman Cato asked Mr. Rust if the sewer line had been incased with cast iron. Mr. Rust advised that the sewer line had incased with cast iron and the City Inspector had inspected it. Councilman Mills asked how you got a permit before the paper work was finished. Mr. Rust replied that a building permit had been issued by the city to the previous owners. When the permit was about 60 days old, he took over and came down to the city to find out what needed to done. He was advised that the permit had been issued in error. If the property was replated he would be issued a new permit. Councilman Mills stated that some on the ground inspection would stop some of the problems. Some of the answers are given from maps and if a wrong answer is given from the map we could get in trouble. Councilman Mills stated that the Council needed a tighter control on the permits and planning. Councilwoman Goodnight advised that she recalled when the previous owner came before the Council and it was passed as an emergency situation. The Council thought the owner would finish the job. Councilman Lamond moved, seconded by Councilman Conant, to approve PS 76-8, on the condition that the Engineers recommendations had been complied with. Motion carried 5-2; Councilman Mills and Councilwoman McClure voting against. , A FIVE MINUTE RECESS WAS CALLED. PLANNING & ZONING PZ 76-10 Mayor Newman called the meeting back to order at 9:50 p.m. The same Council members and staff was present as recorded at the beginning of the meeting. PZ 76-10, Request of CarlO. Powell to rezone 1.157 acres from Agriculture to Agriculture- Specific Use - Day Nursey Mayor Newman declared the public hearing on PZ 76-10 open and called for those present wishing to speak for this case to please come forward. August 23, 1976 Page 10 Mr. Carl Powell, 6613 Smithfield Road, appeared before the Council to speak for this zoning request. Mr. Powell stated that he was the owner of the property and that all i nspecti ons had been made. The Welfare Department had also approved. They had license for 12 children and already had 8 applications. Mr. Powell advised that his wife would be the Director. Councilwoman McClure asked Mr. Britton if the house complied with the requirement that it had to be 75% brick. Mr. Britton replied it was not 75% brick. Councilman Mills asked Mr. Darrell Wood, Planning and Zoning member, if it was not unusual for Specific Use in Agriculture Zoning instad of Commercial or Industrial. Mr. Wood stated that the question did not come up during the Zoning meeting. There was no opposition to the zoning. They were very pleased with the presentation. Councilman Mills asked about the safety of a wood builing. Mr. Powell stated that they would be under State guide lines, the State had approved it and our Fire Marshall had inspected the building and approved. Councilman Cato advised that technically the Council could not grant this request because it did not contain 2 acres, as required in the Zoning Ordinance. The City Attorney advised that the Council by Ordinance could grant it and make it pertain to the Powelfs only. Councilwoman Goodnight moved, seconded by Councilman Smith, to grant this request on the condition that all requirements had been met. Councilman Cato advised that the motion should include that the Powells go through the Board of Adjustments, at no cost to the Powell IS, for a variance because it was less than 2 acres. August 23, 1976 Page 11 Councilwoman Goodnight amended her motion to include that the Powell's go before the Board of Adjustment, at no cost them, and also include Specific Use - for the Powell's only. APPOINTMENT The amended motion carried 6-1; Councilwoman McClure voting against. Appointment of a City Secretary Mayor Newman advised the Council that at the recent Budget Session Mrs. Jeanette Moore had informally been appointed City Secretary. He asked for the Council's approval. Councilman Conant moved, seconded by Councilwoman McClure, to approve the appointment. After discussion, Councilman Cato moved, seconded by Councilman Mills, to postpone this appointment until further study could be made. Motion failed by a vote of 4-3; Councilwoman Goodnight and Councilmen Mills and Cato voting for. Councilmen Conant, Smith, Lamond and Councilwoman McClure voting against. Councilman Lamond stated that he felt this was a personnel matter and the Council should go behind closed doors for discussion. Councilman Lamond moved, seconded by Councilwoman Goodnight, to table this item. COUNCILMAN SMITH LEFT THE MEETING AT THIS TIME. CONTRACT Motion carried by a vote of 4-2; Councilwoman McClure and Councilman Conant voting against. Consideration of Contract with Knowlton- English-Flowers, Inc. Councilwoman Goodnight moved, seconded by Councilman Cato, to approve the Contract with Knowlton-English-Flowers, subject to clarification of Section 11. COUNCILWOMAN McCLURE LEFT THE MEETING AT THIS TIME. Motion carried by a vote of 5-0 August 23, 1976 Page 12 APPOINTMENT Appointment of two Members to the Library Board Councilman Lamond moved, seconded by Councilman Conant, to postpone these appointments until the September 13, 1976, Council meeting. Motion carried 5-0. ORDINANCE #635 Consideration of Ordinance to Obtain Texas Municipal Retirement for City Employees Councilman Lamond asked Mr. Britton if he felt like this was what the employee's wanted. Mr. Britton advised that he did not know about all the employee's, but his department did want it. Councilman Cato advised that employee representatives were present at the meeting held on this retirement program and it was what they wanted. Councilwoman Goodnight moved, seconded by Councilman Conant, to approve Ordinance #635. Motion carried 5-0. ORDINANCE #636 Consideration of Ordinance Obtaining Benefits under Texas Municipal Retirement The City Attorney advised that this Ordinance directs the City to remit funds to the Board of Trustees of the Texas Municipal Retirement System. Both Ordinances have to be passed to get in the System. SWIMMING POOL GRANT After discussion, Councilman Conant moved, seconded by Councilman Mills, to postpone Ordinance #636 until the September 13, 1976, Council meeting. Motion carried 5-0. Consideration of Project Agreement for a Swimming Pool Grant Councilman Lamond moved, seconded by Councilman Conant, to postpone this item until the first meeting in October. Motion carried 5-0. PUBLIC HEARING 1976-77 BUDGET Setting Public Hearing for 1976-77 Budget Councilman Conant moved, seconded by Councilman Lamond, to set the Public Hearing on the 1976-77 proposed Budget for September 13, 1976. Motion carried 5-0. SPECIFICATIONS ITEM ADDED ITEM ADDED ADJOURNMENT ATTEST: Augus t 23, 1976 Page 13 Approval of Specifications for 4 Automobiles, 1 Station Wagon and 4 Pick-up Trucks After discussion, Councilwoman Goodnight moved, seconded by Councilman Cato, to approve the specifications. Motion carried 5-0. Changing the Time of Council Meetings Councilman Cato moved, seconded by Councilman Mills, to add this item to the agenda. Motion carried 5-0. Councilman Cato moved, seconded by Councilman Mills, to change the time of the regular Council meetings from 7:30 p.m. > to 6:30 p.m., starting the month of SE~ptember, thru the month of December. Motion carried 4-1; Councilman Conant voting against. Councilman Conant explained that he would be late because of his job. Councilwoman JoAn Goodnight read a letter of resignation to the Council. Mrs. Goodnight stated that since her recent marriage she had moved to Houston and would be unable to serve on Council. Mrs. Goodnight stated that she had enjoyed worki ng with the Counci 1 . Councilwoman Goodnight stated that her resignation was to be effective immediately. Councilman Lamond moved, seconded by Councilman Mills, that the Council meeting of August 23, 1976, be adjourned. Motion carried 5-0. --/r~ / CJ.--/ G. . .; (/?-77~t"¿/'1c/ T. E. Ne an - Mayor é42ÆÝ~ Ci ty Secretary