Loading...
HomeMy WebLinkAboutCC 1977-08-08 Minutes J í MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, AUGUST 8, 1977 - 7:30 P.M. CALL TO ORDER Mayor Newman called the meeting to order August 8, 1977, at 7:30 p.m. PRESENT: t~ayor Councilwoman Councilmen Tom E. Newman Dorothy McC1 ure Denver Mills George Conant, Jr. John Lamond, III Walter Smith Dave Freeman James F. Cato ROLL CALL Mayor Pro Tern STAFF PRESENT: City Manager City Secretary City Attorney Ci ty Engi neer Dir. Pub. Works M. E. R i dd 1 e Jeanette Moore Rex McEntire Dick Perkins Ray H. Britton PLANNING AND ZONING: MEMBERS OF THE PRESS: N.E. Community News Forrest Grubb Henry Besson INVOCATION APPROVAL OF MINUTES The invocation was given by Councilman Conant. Approval of Minutes of the July 25, 1977, Meeting Councilman Mills moved, seconded by Councilman Smith, to approve the minutes as written. Councilman Freeman stated a correction on page 4, paragraph 6, should read, IICounci1man Freeman stated he would vote to deny Texas E1ectrics request if the motion was modified to 1 et the citizens have thei r sayll. Councilman Lamond advised that on page 4, paragraph 5, should read IICounci1man Lamond moved to close the public hearing and deny Texas Electric Service Company's request for a rate increase. II Motion to approve the minutes as corrected carried 5-2; Councilwoman McClure and Council- man Conant abstaining due to absence from the meeting. August 8, 1977 Page 2 FIVE YEAR PIN Presentation of Five Year Pin to Captain David P. Looney of the Fire Department Mayor Newman presented Captain Looney with a certificate and pin representing five years of service with the Fire Department. Mayor Newman on behalf of the Council thanked Captain Looney for his faithful service. CITIZENS PRESENTATION Citizens Presentation, Mr. Mike Workman objecting to the LaPetite Day Care Center Being Constructed on North Rich1and Blvd. and Terry Drive Mr. Mike Workman, 7712 North Rich1and Blvd., appeared before the Council. Mr. Workman advised the Council that Mr. Bill Drenswotz, 5805 Crestwood, would speak for the group protesting the Day Care Center. Mr. Drenswotz stated he felt the people surrounding the property in question had been misinformed. They had checked with the City and builder prior to buying their homes and were told this property was zoned 1F-8, and single family dwellings would be built on the property. They had been shown two different maps; the first showed the property as 1-F8, the most recent showed it to be zoned multi-family. The property owners had received notification from the City stating the property would be rezoned IF-9. The property owners came to the zoning meeting and and discovered the property showed to be zoned multi-family on the original plat and was going to be zoned 1F-8. If an illegal sign had not been placed on the property, the owners would not have known it was still zoned multi- family. Mr. Drenswotz stated they were requesting the Council leave the property zoned as it was supposed to be, 1F-8. Mr. Drenswotz stated he spoke for 120 people. Mr. Britton advised the Council he would like to speak in regards to the letter Mr. Drenswotz was referring to. He stated the letter advised the property to the south was being rezoned and had no effect on the property north which was already zoned multi-family. It was zoned multi-family in 1969 and has never been platted. The 1972 zoning map shows the property to be mul ti -fami ly. August 8, 1977 Page 3 City Attorney McEntire advised the Council the legal description of the property in 1969 would define the zoning. Mr. Workman stated they were told when they bought their homes it was IF-9. City Attorney McEntire advised if someone made a mistake on the map, the legal description in the Ordinance is what defined the property. Mr. Workman stated he felt the City should ratify the mistake. Councilman Lamond ask the City Attorney if there was anyway the Council could stop the Day Care Center. City Attorney McEntire stated the people who owned the property could sue the City if the property was zoned multi-family. Mr. Britton replied the property was zoned multi-family. Mayor Pro Tern Cato ask for the Planning and Zoning case number. City Engineer Perkins replied the case number was PZ 69-9, Ordinance 259. Mayor Pro Tem Cato advised Mr. Workman the maps he had presented to the Council earlier in the meeting had no dates. Mr. Workman showed the Council another map. He stated the property owners ask the builders about the piece of property in question and was advised appartments would probably be built on it. Mr. Workman stated he felt the builders were being underhanded about the situation, over 40 homeowners had been told it was zoned 1F-9. Mayor Pro Tem Cato ask if the property had ever been platted. City Manager Riddle advised a portion had been put in a preliminary plat. He also advised the Council the first map they had been snown was a preliminary plat on the lower part, at the next meeting they would have the final plat. August 8, 1977 Page 4 Mayor Newman ask Mr. Workman if he had been notified. Mr. Workman stated they were notified on Tract 21 out of the W. W. Wallace Survey. Councilman Conant ask if the portion in question was Tract 20 or 21. Mr. Workman replied it was a part of Tract 21. Councilman Conant ask if the letter sent was misleading. City Attorney McEntire replied that if the letter was faulty, the action taken by the Planning and Zoning Commission could be void, but it still would not effect the Ordinance zoning the property in 1969. Councilman Conant ask if the Council could change the zoning. City Attorney McEntire stated they could not. Councilman Mills ask if the property had already been sold. Mayor Newman replied it had. Councilman Mills ask Mr. Workman if they had talked to the people building the Day Care Center. Mr. Workman replied they had and were told the Center would open on January 1,1978. Mr. Britton stated he would like to make a statement concerning the notification being sent on Tract 21. The Zoning Clerk checked the records in the Tax Office and researched the maps. Instead of taking a chance on someone not being notified, Tract 21 was mentioned. Mayor Newman stated that Mr. Grubb, of the Planning and Zoning Commission was present and ask him to speak on this item. Mr. Grubb stated the first time the Planning and Zoning Commission saw the plat, Tract 21 was not mentioned. Mayor Pro Tern Cato ask Mr. Britton if Tract 21 had been multi-family since 1969, and August 8, 1977 Page 5 had never been platted. Mr. Britton replied he and the City Engineer determined it to be multi-family. Mayor Pro Tern Cato ask Mr. Doug Long, Engineer, why the Tract numbers were different. Mr. Long replied the County, School and City had used different Tract numbers. Mr. J. B. Sandlin, Builder, advised the Council that all of the property was zoned in 1969. They had to foreclose on the Tract in question. Mayor Pro Tern Cato stated the Plat that came before the Council the first time Section 6 showed to be homes. Mr. Long stated that Plat was when the lot sizes were changed. They went from eight lots to two lots. Mayor Pro Tern Cato advised Mr. Workman and Mr. Drenswotz the records showed this piece of property to be multi-family. The Council cannot change the zoning. The Council could deny the plat, but the property would still be zoned multi-family. Mayor Newman stated he would like for the people involved to get together with the City Manager and see if some kind of an agreement could be made. A FIVE MINUTE RECESS WAS CALLED. PLANNING & ZONING PS 77-22 Mayor Newman called the meeting back to order. The same Council members and Staff were present as recorded at the beginning of the meeting. PS 77-22, Request of Tarrant Development Corp., to Rep1at Lots 1-5, Block 10, Fossil Creek Trails Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. John Hawkins, 6736 Karen, appeared before the Council, representing Mr. Bressman. Mr. Hawkins stated they wanted to make the lots larger. August 8, 1977 Page 6 Mayor Pro Tern Cato ask the City Engineer if the lots qualified under the existing zoning in this subdivision. Mr. Perkins stated they did. Councilman Conant ask Mr. Hawkins if he was in agreement with Mr. Bronstads letter on paying the cost of moving the water line. Mr. Hawkins stated his client did not want to pay for moving the line. He felt it unnecessary to move it. The expense had already been paid putting the line in. City Manager Riddle advised that the reason for moving the line was in case they had to be repaired in the future they would be accessab1e. Councilman Mills stated that if Lot 6 was left as is, it would be much smaller. Mr. Hawkins stated that that specific lot was already sold and a house built on it. Councilman Mills moved, seconded by Councilman Conant, to approve PS 77-22, subject to compliance with Mr. Bronstads letter of July 13, 1977. Motion carried 7-0. PLANNING & ZONING PS 77-23 PS 77-23, Request of John Barfield to Rep1at Block 5, Crestwood Estates PLANNING & ZONING PS 77-25 Mayor Newman called for anyone present wishing to speak for this case to please come forward. There was no one present to represent this case. Mayor Newman advised this case would be heard at the end of the agenda. PS 77-25, Request of Ram Development, Inc., for Preliminary and Final Plat of Carter Addition Lot 1, Block 2 Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. Leon Levitt, Engineer, Ram Development, appeared before the Council to represent this case. August 8, 1977 Page 7 Councilman Conant ask Mr. Levitt if he was aware of the letter from the City Engineer. Mr. Levitt stated he was aware of the letter and everything had been taken care of. Mr. Britton informed the Council that item #1, of the Engineers letter would be taken care of when the City Developer Agreement was signed. Item #2 would be taken care of by the Staff when the Building Permit was issued. PLANNING AND ZONING PS 77-27 Councilman Conant moved, seconded by Councilwoman McClure, to approve PS 77-25. Motion carried 7-0. PS 77-27, Request of Arthur W. Peter1eus for Rep1at of Lot 5R, Block 3, Woodbert Addition Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. Arthur Peter1eus appeared before the Council to speak for this case. Mr. Peter1eus stated he was platting two lots into a single lot so that he could build a home on the property. Mayor Pro Tem Cato advised he had not seen a letter from the Engineer concerning this case. City Engineer Perkins stated everything was in order on this property. PLANNING & ZONING PS 77-30 Councilman Mills moved, seconded by Councilman Conant to approve PS 77-27. Motion carried 7-0. PS 77-30, Request of Northeast National Bank to Rep1at Monte Commercial Center Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. Gary Gilley, representing Northeast National Bank, appeared before the Council. Mr. Gilley advised the Council the Bank wished to rep1at all of their property into one plat. Councilman Freeman moved, seconded by Councilman Smith to approve PS 77-30. Motion carried 7-0. Mr. Gilley stated he would like to thank Mr. Ray Britton, Director of Public Works, for the help and time he had given them. August 8, 1977 Page 8 PLANNING AND ZONING PS 77-32 PS 77-32, Request of Northeast Construction Company for Rep1at of Holiday West Addition Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. Doug Long, Engineer, appeared before the Council representing Northeast Construction Company. Mr. Long stated Northeast Construction Company had submitted two rep1ats previously. They wanted to make one filing with two revisions. Mayor Newman advised the Council that PS 77-33 was also concerned with PS 77-32 and did the Council wish to hear both cases at this time. Councilman Mills ask Mr. Long the status of the original plat, and was it ready to be filed. Mr. Long stated the original plat had not been filed pending the drainage and construction plans. On August 4, they cleaned up the original plat and all revisions. Mr. Britton stated the original plat was not filed because it had not met the requirements stated in the City Engineers letter. Mayor Pro Tem Cato ask if the letter from the Utility Companies were needed. Mr. Britton replied there were no utilities located on this property. Councilman Smith moved, seconded by Councilman Conant, to approve PS 77-32. Motion carried 7-0. PUBLIC HEARING REVENUE SHARING Councilman Smith moved, seconded by Councilwoman McClure, to approve PS 77-33. Motion carried 7-0. Public Hearing on Proposed Expenditure of Revenue Sharing Funds Mayor Newman opened the Public Hearing and called for anyone present wishing to speak on this item to please come forward. No one present wished to speak. Mayor Newman read the following proposal for Revenue Sharing Funds: Funds Prior to September 30, 1976 $188,526.00 Funds October 1,1976 to September 30,1977 $141,060.00 Funds October 1, 1977 to September August 8, 1977 Page 9 TOTAL j109,222.00 $438,808.00 30, 1978 PROPOSED USE: Payment for rebuilding Fire Department Ladder Truck Onyx Street Bridge & Drainage To General Fund Budget for Purchase of Heavy Equipment (Public Works Department) TOTAL $ 74,000.00 $270,000.00 $ 94,808.00 $438,808.00 Councilman Lamond ask how strictly the money would be handcuffed. City Attorney McEntire stated the Council, if necessary, could call another Public Hearing and amend the Budget. PAYMENT TO A. E. SHULL Mayor Newman closed the Public Hearing. Consideration of Payment to A. E. Shull & Company ~24,643.40 Councilwoman McClure moved, seconded by Councilman Mills, to approve payment to A. E. Shull & Company tn the amount of $24,643.40. Councilman Smith ask if the letter from the City Engineer had been cleared up. Mr. Perkins stated there were still some question as to whether there would be an overrun on the estimate. The next payment the Council approved would be the final payment and the questions would be cleared up before that time. Motion carried 7-0. PS 77-23 POSTPONED PS 77-23, Request of John Barfield to Rep1at Block 5, Crestwood Estates Mayor Newman called for anyone present wishing to speak for this case to please come forward. There being no one present to speak for this case, Mayor Pro Tern Cato moved, seconded by Councilman Smith, to postpone PS 77-23, until the next meeting. Motion carried 7-0. CITIZENS PRESENTATION Mrs. Myra Hays, 7625 John Autry Road, North Rich1and Hills, appeared before the Council. Mrs. Hays stated she wanted clarification of the Gun Ordinance and the Leash Law Ordinance. August 8, 1977 Page 10 Mrs. Hays gave the City Attorney a copy of the Gun Ordinance she had bought at City Hall. Mrs. Hays ask the City Attorney if the ordinance meant you could not fire a gun in the City Limits. City Attorney McEntire checked the Codification and stated the Codification and the copy of the Ordinance Mrs. Hays had were different. Mayor Pro Tem Cato stated whoever made the copy should have used the Codification and not the original Ordinance. In the Codification some had been changed. The Codification is what the City uses. Mayor Pro Tem Cato advised the City Manager that in the future the Staff should be instructed to use the Codification for copies of ordinances. Mrs. Hays ask if someone had to file charges on someone for the Ordinance to be enforced. City Attorney McEntire replied they would. Mrs. Hays ask the City Attorney if the Ordinance meant you could not fire a gun within 100 feet of your own residence. The City Attorney stated that was correct. Mrs. Hays stated her son was issued a ticket for shooting a gun on their property. The ticket was taken to court. She stated her son was not tried for shooting a gun but for killing a dog. City Attorney McEntire ask Mrs. Hays if firing the gun was mentioned in court. Mrs. Hays stated it was, but was not discussed as much as killing the dog. Mrs. Hays ask if the City did not have a leash ordinance. City Attorney McEntire replied we did. Mrs. Hays advised this was not brought out in Court. The Judge could not hear and the prosecuting attorney had to tell him everything that was going on. City Attorney McEntire advised Mrs. Hays she could have filed charges because the dog was running loose. ADJOURNMENT ATTEST: August 8, 1977 Page 11 Mrs. Hays stated she did not feel it would do any good to file charges, the Judge did not know the Ordinances. Mayor Pro Tern Cato advised Mrs. Hays that she could file an appeal on the case. Mrs. Hays stated it would not do any good, she felt the City needed a new Judge. Mayor Pro Tem Cato advised her she could appeal in the County Court. Mrs. Hays stated she had lived in Smithfield for twelve years. She wanted to know when Smithfield Rd. was going to be fixed. She stated the street was fixed on one end and it was already coming apart. Mr. Britton stated he had patched the street on the end Mrs. Hays was referring to, but could give no date when it would be fixed again. There being no further items on the agenda for discussion, Mayor Newman adjourned the meeting of August 8, 1977. ~ ~ ~. r;þ-l~d Tom E. Newman, M or