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HomeMy WebLinkAboutCC 1977-09-12 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, SEPTEMBER 12, 1977, 7:30 P~M. CALL TO ORDER Mayor Pro Tern Cato called the meeting to order September 12, 1977, at 7:30 p.m. PRESENT: Mayor Pro Tern Councilmen James F. Cato Denver Mills George Conant, Jr. John Lamond, III Walter Smith Dave Freeman Dorothy McClure ROLL CALL Councilwoman STAFF PRESENT: City Manager Ci ty Secretary City Attorney City Engi neer Director of Public Works M. E. Riddle Jeanette Moore Rex McEntire Dick Perkins Ray H. Britton BOARD MEMBERS PRESENT: Board of Adjustment Jo Ann Wi 11 i ams Mayor Pro Tern Cato recognized Mrs. Tarpley and Mr. Joe Cross of the Haltom/Richland Chamber of Commerce. ABSENT: Mayor Tom E. Newman Mayor Newman absent due to attending the Tarrant County Mayor's Council meeting. INVOCATION APPROVAL OF MINUTES The invocation was given by Councilman Freeman. Approval of Minutes of the August 22, 1977, Meeting Councilman Conant moved, seconded by Councilman Smith, to approve the minutes of the August 22, 1977, meeting. Motion carried 6-0. APPROVAL OF MINUTES Approval of Minutes of Emergency Meeting August 25, 1977 Councilman Conant moved, seconded by Councilwoman McClure, to approve the minutes of the Emergency Meeting August 25, 1977. Motion carried 6-0. September 12, 1977 Page 2 RESOLUTION 77-9 Consideration of Resolution Concerning Areawide Airport Mr. Joe Cross, representing the Aviation Committee for the Haltom/Richland Chamber appeared before the Council. Mr. Cross stated the Committee had met with the Hurst/ Euless/Bedford (HEB) Chamber to promote additional facilities in the area for an airport. The North Central Council of Governments and FAA had made a study of the Northeast area and felt that in the future there would be a need for at least two more airports. Mr. Cross stated he was asking for approval of the Resolution from all the cities. It would not cost the City any money at this time. Councilman Mills ask Mr. Cross if the other cities had been presented with the same resolution. Mr. Cross stated yes, with theexceiption of Section 2, which had been added. They planned to go back to the cities with the change. ·All the cities in the Haltom/ Richland area had already approved the resolution. Section 2, of the resolution is as follows: "That such study include the consideration of the use and expansion of Mangham Airport as a general aviation airport under the ownership and control of the City of North Richland Hills." CITIZENS REQUEST Councilman Lamond moved, seconded by Councilman Smith, to approve Resolution 77-9. Motion carried 6-0. Citizens Request Appeal Hearing on PZ 77-21, Mr. Bill Leonard Representing La Quinta Motor Inn Mr. Bill Leonard appeared before the Council to speak for this request. Mr. Leonard advised the Council they had a hearing before the Planning and Zoning Commission for a Specific Use Permit for a private club. The request was denied. Mr. Leonard stated he was asking the Council for an appeal hearing and a date to be set for such hearing. Mr. Roy Gifford, 7908 Bedford Euless Road appeared before the Council. Mr. Gifford advised the Council his property adjoined La Quinta on the West. Mr. Gifford stated he felt he was here in error, he thought the Council would grant the request tonight. Mayor Pro Tern Cato advised Mr. Gifford the Council would only grant an appeal hearing at this meeting. The hearing would be at a later date. Councilman Smith moved, seconded by Councilman Conant, to grant Mr. Leonard an appeal hearing on October 10, 1977. Motion carried 6-0. September 12, 1977 Page 3 BANK DEPOSITORY Designation of the City's Bank Depository for Two Years City Manager Riddle advised the Council that Northeast National Bank was the only bank to submit a bid. Mayor Pro Tern Cato ask the City Manager how many banks were sent bid forms. City Manager Riddle advised four banks were mailed bid forms. It was also advertized in the newspaper. Councilman Freeman ask the City Manager if he contacted the Bank of North Texas as to why they did not bid. City Manager Riddle stated he had not. Councilman Lamond moved, seconded by Councilman Freeman, to accept the bid of Northeast National Bank. Motion carried 6-0. PLANNING AND ZONING PS 77-21 Planning and Zoning, PS 77-31, Approval of Final Plat for Holiday North Section 6. (This item was tabled from the last Council Meeting) Mr. Alan Hamm, 408 Woodbriar, Bedford, appeared before the Council to speak for this case. Mr. Hamm stated this was the third time he had appeared to present this case. He stated it had become a controversial matter. Someone was trying to keep them from using the land. Mr. Hamm stated they had met all ordinance requirements, he felt it was time it was either approved or disapproved. Mr. Hamm stated that it was time to separate the two issues. The opposing parties are opposing zoning and not the plat. The case has already been approved by the Planning and Zoning Commission. Mr. Hamm stated they had waited six weeks and had tried to work out something with the opposing property owners, nothing had been accomplished, they want us to change the zoning. Mr. H. Lucas Nickol, Attorney, representing the homeowners in the area appeared before the Council. Mr. Nickol stated the area in question wason the corner of North Richland Blvd. and Terry Drive. There are two lots involved. the 1969 Ordinance No. 254, showed Lot 25 rezoned from IF-9 to Multi-Family. In 1972, Ordinance 430 adopted the new zoning map. This map showed the property as being zoned IF-9. The map has not been changed since that time. That map afixed the zoning. The Ordinance states the map is correct. Mr. Nickol stated the property was zoned IF-9, according to the map, therefore, a Day Care Center could not be September 12, 1977 Page 4 built there. Mr. Nickol stated he felt this was a serious legal question and ask the Council not to approve the plat. Councilman Lamond ask Mr. Nickol if the plat was approved would a suit be filed. Mr. Nickol stated that if the plat was approved a judgement would be filed on the present zoning, not the plat. Councilman Lamond ask Mr. Hamm if he would file suit if the plat was not approved. Mr. Hamm replied he felt this should be settled between Mr. Nickol and Mr. Hamm1s attorney. All they wanted was the plat approved. Councilman Lamond stated he felt this was a legal matter and should be handled in closed session. Mayor Pro Tern Cato ask Mr. Nickol why his clients objected to the Day Care Center. Mr. Nickol replied they felt building a Day Care Center or appartments in the area would lower the value of their homes. Bill Drenowatz, 5805 Crestwood, appeared before the Council. Mr. Drenowatz stated the main objection was that the traffic would increase and unnecessary noise on certain homes. Mr. Drenowatz stated they felt the zoning on this property was IF-9. Mayor Pro Tern Cato adjourned to executive session for fifteen minutes. Mayor Pro Tern Cato called the meeting back to order. The same staff and Council members were present as recorded at the beginning of the meeting. Mayor Pro Tern Cato recognized Mrs. Mary Jo Shaunty of the Planning and Zoning Commission. Councilman Conant moved, seconded by Councilwoman McClure, to approve PS 77-31, on the advise of the City Attorney. Councilman Lamond stated that sometimes the Council had to do things they did not like to do. Councilman Smith stated there had been a lot of time and effort spent on this case. He wanted the people to under- stand how the Council felt. They try to represent all people fairly. September 12, 1977 Page 5 Councilman Freeman stated the Council had had to go on the advise of the City Attorney in this case. Motion carried 6-0. PLANNING AND ZONING PS 77-35 Planning and Zoning, PS 77-35, Request of Cambrage Companies Development Corporation, for replat of Lots 1 thru 16, Block 14, North Park Estates Mr. Bill Parson appeared before the Council to speak for this case. Mr. Parson stated that when North Park was originally zoned these lots were zoned for duplexes. They wanted the buildings to conform, therefore they were asking for these lots to be zoned IF-8. Councilman Conant stated there was not a letter from the gas company. Mr. Britton stated it was not necessary. Councilman Smith moved, seconded by Councilman Conant, to approve PS 77-35. Motion carried 6-0. PLANNING AND ZONING PS 77-34 Mayor Pro Tern Cato advised the Council he had been requested to move this case up on the agenda. Planning and Zoning, PS 77-34, Request of P & S Construction Company for Final Plat of Irish Meadows Phase I and II Mr. John Sandlin appeared before the Council to present this case. Mr. Sandlin stated he and the City Engineer were working on Item #1 of the Engineers letter. Item #2, pertaining to Texas Electric Permits, had been taken care of. Item #3, Mr. Sandlin stated needed clarification. Item #4, would be no problem, the plat wi 11 be changed. Councilman Conant stated he would like to have Item #3 clarified also. City Engineer Perkins stated the increased development in this area could cause complaints from people below. When Emerald Hills was developed, the developer did not extend the concrete channel liner to the North. This could cause some erosion of lots to the South. Mr. Perkins stated that as soon as funds were available, it needed to be fixed. Councilman Mills ask if the City could go back to the developer of Emerald Hills and get him to fix the channel. September 12, 1977 Page 6 Mr. Perkins stated the City might not have had the ordinance when the sub-division was built. Councilman Mills stated the streets showed to be one thousand feet without a break, is getting in and out of the sub-division restricted. City Manager Riddle stated that Newman Drive would be opened and tie into Emerald Hills. Councilman Smith moved, seconded by Councilman Mills, to approve PS 77-34, subject to the Engineers letter of September 2, 1977, excluding item #3. Motion carried 6-0. (Copy of Engineers letter attached to these minutes as permanent record.) PLANNING AND ZONING PS 77-38 Planning and Zoning, Request of Hudiburg Chevy City for Preliminary and Final Plats of Lot 2, 3, and 4, Block 1, Hudiburg Additio~ Mr. David Farrington appeared before the Council to speak for this case. Mr. Farrington stated that when Mr. Hudiburg built the original building in 1967, the City did not require the land to be platted. Mr. Hudiburg wanted to expand his trucking service in the back of the present building. Mr. Farrington discussed this with the City Staff and was advised it would be better to plat all of the property. The City proposed one new fire hydrant, Mr. Farrington met with Fire Marshall Long and moved the existing fire hydrant. The City policy requires a loop of water lines around the subdivision. Mr. Farrington stated the water lines would not be necessary. Mr. Farrington ask the Council to delete this requirement. Mr. Farrington also stated that Mr. Bronstad had waived the requirement on the sewer line. Mayor Pro Tern Cato stated the letter from Mr. Bronstad did not mention the sewer line. Mr. Farrington stated it was a verbal agreement. Mr. Bronstad would put this in writing. Councilman Lamond ask the City Engineer to explain the requirement for the water lines to be looped. City Engineer Perkins stated that the ordinance states the lines must extend to the limits of the sub-division. He stated he saw no reason not to extend the lines. September 12, 1977 Page 7 Exon is presently served by a two inch line, if they decided to plat, they would be required to extend the lines also. Mr. Perkins stated he felt it should be done. Councilman Freeman ask Mr. Perkins if the requirement on the water line was to equalize the pressure in the neighborhood. Mr. Perkins stated that instead of ending the water distribution, it was to increase water distribution. Councilman Freeman moved, seconded by Councilman Smith, to approve PS 77-38, contingent on the Engineers letter of August 10, 1977, excluding the eight inch sewer line. Mr. Farrington ask the Council if they needed to have a waiver concerning the fire hydrant. Mayor Pro Tern Cato stated that if the staff was in agreement a waiver would not be necessary. Mr. Britton stated he would get a letter on the fire hydrant from the Fire Marshall. City Manager Riddle ask Mr. Farrington if the City furnished the hydrant, would Mr. Hudiburg install it. Mr. Farrington stated they would install it. Motion carried, 6-0. PUBLIC HEARING BUDGET 1977-78 Public Hearing on the 1977-78 Budget and the use of Revenue Sharing Funds Mayor Pro Tern Cato opened the Public Hearing on the 1977-78 Budget. Mr. A. J. Shippy, President, Senior Citizens of Tarrant County, appeared before the Council. Mr. Shippy stated they had appeared before the Council previously and ask for the over 65 exemption to be raised to $7,000.00. The Council at that time advised Mr. Shippy the request would be considered at the Budget Work Session. Mr. Shippy named several surrounding cities that had granted the $7,000.00 exemption. Mr. Shippy advised that he felt if these cities could grant the exemption, North Richland Hills could also. Mr. Shippy stated they were appealing to the Council to raise the exemption. September 12, 1977 Page 8 Councilman Mills advised Mr. Shippy the Council had taken his request into consideration at the Budget Work Session. The 1977-78 Budget raised the exemption from $3,000.00 to $5,000.00. In the future possibly it could be raised. Mr. William Duncan, 6717 Briley, appeared before the Council. Mr. Duncan stated that in January he received a notice that his house had be reappraised. A one-third increase in tax valuation. Mr. Duncan stated if everyone got the increase the City had the money to raise the exemption. Councilman Mills stated that only one-third of the City had been reappraised. Councilman Lamond stated he had helped put four budgets together for the City and felt this was the tightest one yet. Some services were trimmed to allow the $5,000.00 exemption. Councilman Lamond stated the Council hoped next year the $7,000.00 exemption could be given. Mr. Fred Baker, Vice President Senior Citizens of Tarrant County, appeared before the Council. Mr. Baker stated the orginization covered all of Tarrant County. Senior Citizens are considered second class people. By the year 2000, 51% of the voters will be over 60 years old. Mr. Baker stated Senior Citizens lived on a fixed income. The rise in the cost of living is hurting the Senior Citizens. Mr. Baker stated the small amount it would cost the City to raise the exemption could be found from another source. Mr. Jones, London Lane, appeared before the Council. Mr. Jones stated he was appearing for the Senior Citizens. He stated he looked at a copy of the Budget and the City did have a surplus and felt the City could give the Senior Citizens the $2,000.00 more. Mrs. Jo Ann Williams, Maplewood Drive, appeared before the Council. Mrs. Williams ask if a dollar amount could be given, based on the tax rate, as a cost per individual. City Manager Riddle replied approximately $20.40 per person. Mr. B. J. Fanning, 6308 Edenbrough, appeared before the Council. Mr. Fanning ask the Council to include funding for a flooding problem on Dawn Drive. Mr. Fanning ask that a feasibility study be made. September 12, 1977 Page 9 Councilman Mills ask Mr. Fanning to define the flooding problem. Mr. Fanning stated there was a field behind them and the runoff water was washing away their yards and getting in some of the homes. City Attorney McEntire stated he and the City Engineer were aware of the problem. After checking the plat it showed no sign of drainage problem. People have built fences and various buildings on some of the property. Mr. McEntire also stated he was looking into the possibility of a law suit against the Engineer for not showing this on the plat. Councilman Conant ask how much a feasibility study would cost. City Engineer Perkins replied between two and three thousand dollars. Councilman Lamond ask if the property owners could sue. City Attorney McEntire stated the principal might be liable for not showing the drainage on the plat. Councilman Mills moved, seconded by Councilwoman McClure, to call a work session and reconsider the request for the exemption to be raised to $7,000.00. Councilman Lamond stated he would have to vote against the motion. If the exemption was raised taxes might have to be increased. Motion to call a work session carried 5-1; Councilmen Conant, Smith, Mills, Freeman and Coundilwoman McClure for; Councilman Lamond voting against. Councilman Conant moved, seconded by Councilman Mills, to add to the budget the 10% raise for the CivilServi:ce Secretary. Motion carried 4-2; Councilmen Conant, Mills, Lamond and Freeman for; Councilman Smith and Councilwoman McClure voting against. Councilwoman McClure moved, seconded by Councilman Smith, to take a poll of the employees and see if they would like to have a disability insurance in the place of their longivity pay. DEVIATE FROM POLICY MAINTENANCE AGREEMENT TRAFFIC SIGNALS RESOLUTION NO. 77-10 September 12, 1977 Page 10 Councilman Mills ask the City Manager if he knew the cost of the insurance. City Manager Riddle stated about $35.00 a month. Motion carried 4-2; Councilmen Conant, Smith, Mills and Councilwoman McClure for; Councilmen Lamond and Freeman against. Mayor Pro Tern Cato stated Revenue Sharing would be used as follows: Rebuilding Fire Ladder Truck Onyx Street Bridge & Drainage General Fund Budget, Heavy Equip. (Public Works Department) $ 74,000.00 $270,000.00 $ 94,808.00 Mayor Pro Tern Cato closed the Public Hearing on the 1977 -78 Budget. A FIVE MINUTE RECESS WAS CALLED. Mayor Pro Tern Cato called the meeting back to order. The same Council Members and Staff were present as recorded at the beginning of the meeting. Mayor Pro Tern Cato called a Work Session for Thursday, September 15, 1977, 7:00 p.m. Councilman Lamond stated he would be unable to attend the Work Session. Permission to Deviate from the Policy and Allow Preliminary and Final Platting of Blocks 21 thru 25, College Hills City Manager Riddle advised the Council the policy of the City was that all taxes and assessments against property must be paid before anyone is allowed to plat. Mr. Riddle stated he had talked to the owners and they would pay all monies owed the City by December 1. They are willing to sign an agreement stating such. Mr. Riddle stated he would recommend approving this request. Councilman Smith moved, seconded by Councilwoman McClure, to approve this request at the recommendation of the City Manager. Motion carried 6-0. Approval of Maintenance Agreement for Traffic Signals Mayor Pro Tern Cato ask the Public Works Director if he had taken bids for the agreement. September 12, 1977 Page 11 Mr. Britton replied he had and could not find anyone to bid except the company we presently have. FLORY STREET BIDDING Councilman Smith moved, seconded by Councilman Lamond, to approve Resolution 77-10. Motion carried 6-0. Approval to have the City Engineer Proceed with the Bidding for Construction of Flory Street Councilman Conant ask where the money would come from for·the construction of the street. City Manager Riddle replied the funds would come from surplus. Councilman Mills stated he thought we had Federal money for the project. City Manager Riddle replied the Federal money would be used for Mackey Creek. MACKEY CREEK After lengthy discussion, Councilman Smith moved, seconded by Councilman Mills, to table this item until the September 26, 1977, meeting. Motion carried 6-0. Approval to have Engineer Proceed with the Mackey Creek Drainage Project Councilman Conant moved, seconded by Councilman Smith to table this item until the September 26, 1977, meeting. Motion carried 6-0. PAYMENT Approval of Payment to A. E. Shull Construction Company .$30,185.47 PAYMENT Councilman Smith moved, seconded by Councilman Lamond, to approve payment to A. E. Shull Canst. Co. in the amount of $30,105.47. Motion carried 6-0. Approval of Payment to Hall Const. Co. $84,652.02 Councilman Smith moved, seconded by Councilman Conant, to approve payment to Hall Const. Co. in the amount of $84,652.02. ATTEST: Mayor Pro Tern Cato adjourned the meeting of September 12, 1977 . y?~~~ ~mes F. Cato, Mayor Pro Tern ADJOURNMENT " "'- 4" ., :~'~>:J. ,'~~., "".. Æ;f~: ,f:"'. .~j .. ¥ -,,- ,; i! ,~ .~ ~;,¿~~" "y,".'I :'\ :- ~ -. i~;", . Sep~er. 2. 1977,! ' . KNOWL TON- ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas " .;~;~~~;t.{.~l::t,~,~;;.:" '. .. ~ . 'i " " ~ .' ' . .¡~ ",' , ::",'" .~~>I" ~:. Honorable Mayor and Cfty Councfl City of North Richland Hills 7301 N.E. Loop 820 . , North Rfchland Hl1l1, Texas ,76118 . . '. '. .. ,. ".."- " ".,"'~ .·:('¡!~;,.o.::'>,',·:SubJect:~,,3..909: CITY OF NORTH RICHLAND HILLS. "".:,;;, ·,..,;·,~"":-:;"\r""':::·~~l~:~~·;'~~*·¥:r""~'" ìRISH MEADOWS. ÞHASE ONE AND TWO. . ,. . REVISED FINAL PLAT AND CONSTRUCTION ÞLAHS We have received the revised final plat and construction plans for the sUbject subdivision and offer the fo11ow,ng c9mments: '';' 't" :'l' :-.. 't.I . " " 1. The construction plans do not fnclude details for such items as fire hydrants. valves. cleanouts. etc. However the Developer's ., ~engineerhas advised us that these wf11 be included in the speci- fications. We would recommend that this item be be checked out prfor to execution of the City-Developer agreement. 2. We would remind you of our cOll1'l1ent No. 14 fn our letter of July 22. 1977, concernfng the need for permits from Texas Electric concerning the construction of a street, water main and sewer 1 fne across their right-of-way. . "..¡ . . ,1''' 3. We \~ould also remfnd you of our cOPlTlent No. 26 fn the same letter relating to the downstream earthen channel in Emerald Ht11s Addftion. The conment was: The construction of drainage facflities in thfs subdivision is going to aggravate the existing drafnage condition at the rear of Lots 3. 4 and 5. Block 1. Emerald Hills Addition. :, For some reason. the existing concrete channel Hner 1n Emerald Hills Addition was not extended to the north boundary of the subdivision when that subdivision was developed. Although not incunbent on this Oeveloper to construct this portion of the channel liner. it would be to the City's advantage to have thfs liner constructed now. Otherwise cftizen complaints are lfkely as development in Irish Meadows increases creating addftional erosion of these lots. Also, the existing easement is not large enough to accommodate the proposed earthen channel section of the Developer in this area.., (i.e. depth of flow 4.2" not 3.0' __ need 25' elsement, on1120' available for earthen channel). ,,_ \. ':, .'i.', ,,¡·,;,P··\,.:.' .' .:' '. .' . '. .~/ . . . ,:r.,: ,.,.".1, , "ì .'¡iot' .....~.,..",.' " ......,. :i·1 ,!,,:)t"~ .:.~ ""-:/'-r~'/~';,;\' ,.ii.,:t:;~.. ,'''¡ ~', '. I, ) t't' , :_'~ :~. >'?'4~ 1;-',' 600 FIRST STATE BANK BLDG. . ,BEDFORD, TE':<AS 76021 . 817/283-6211 . METRO/267-3367 , < .¡.:' '. ¡ ~\ ""ç .' ',. ' . ·- ~, -, " I~' _. .~. ~ ;.~;~~'~ ~ ,-, ~[TI r ~;~f ~, .\ , ~ ,~, ,> . . ---..,.,-~---_._---~-~--_._---- "'_" _......",..J ':.~~.,:. Page 2 .... 9/2/77 ... Honorable M~or and City Council 4. There are 10 fòot offsets in the front and side buildfng lfnes of the following lots: Lots 3 , 4, Block 1 Lots 11 & 12. Block 1 Lots· 1 '(20.-' Block 2 Both building lines should be 25 feet. Should there be any further questfons concerning this review. please do not has 1 tate to call. .... 'v ¡! JRP..hr cc: !<Jr. Gene Riddle, City ~tan8ger Mr. Ray Britton. Director of Public Works , "Mr. Anen BronstaØ, Dir:e.ctorpt,JJt111ties. c ~ \' , . " ' :¡.. ' -~, . , ~'.. ",."" "¡~ ... ;:/ ~',~ ',1'; ,.';" " '\'. ,,~k ~' :~ -d, ;.1 \,' ;~"\r. (-,I ;0' ,_ '::;_'-.",:.. ~- ,~,~\,;.*;.,-" ;." ~