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HomeMy WebLinkAboutCC 1975-01-13 Minutes :/:4 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, JANUARY 13, 1975 - 7:30 P.M. CALL TO ORDER Mayor Dick Faram called the regularly scheduled City Council meeting to order January 13, 1975, at 7:30 p.m. ROLL CALL PRESENT: Mayor Councilmen Dick Faram Norman Ell i s Jim Wood George Conant, Jr. John Lamond James Cato Tom E. Newman JoAn Goodnight Councilwoman STAFF PRESENT: Acting City Secretary City Attorney City Engi neers Ruth Pinner Tim Truman Dick Perkins Greg Di ckens PRESS REPRESENTATIVES: Tom Mi tche 11 Mid-Cities Daily News SPECIAL GUESTS: Members of Boy Scout Troup 168 with Scoutmaster Bob Greer. INVOCATION APPROVAL OF MINUTES The invocation was given by Councilman Lamond. Approval of the Minutes of the December 23, 1974 Meeting Councilman Conant moved, seconded by Councilman Wood, to approve the minutes of the regular meeting of December 23, 1974. The motion carried by a vote of 6-0. Councilman Ellis abstaining due to absence from this meeting. APPOINTMENT Appointment of Acting City Secretary As prescribed by the City Charter, Mayor Faram appointed Mrs. Ruth Pinner as Acting City Secretary on December 31, 1974. Councilman Newman moved, seconded by Councilman Ellis, that this action be ratified by the Council. Motion carried by a vote of 7-0. Page 2 January 13, 1975 ORDINANCE NO. 449 AMENDMENT Councilman James F. Cato Re: Amendment to Ordinance No. 449 Tax Exemption Councilman Cato stated that under Ordinance No. 449 as presently written there was no stipulation for persons to sign up for their over 65 exemption after April 30. He felt there should be some allowance upon finding excuseable neglect. Motion was made by Councilman Cato, seconded by Councilman Conant, that we instruct the City Attorney to write an amendment to Ordinance No. 449 giving authority to the Tax Assessor to grant extensions of the April 30 deadline, with citizens having appeal rights to the City Council. Motion carried by a vote of 7-0. BICENTENNIAL COMMITTEE Appointment of Bicentennial Committee After discussion, Mayor Faram appointed Councilmen Newman and Lamond to direct the activities of the Bicentennial Committee and to appoint citizens as are needed to assist with the project. PZ 74-51 PZ 74-51, Request of North Richland Corporation, to rezone the Northeast 70 feet of Lot llA, and all of Lots 12A & 13A, Block 11, North Rich1and Hills Addition from Local Retail to Commercial Mayor Faram declared the Public Hearing open for presentations of those in favor of the rezoning. Attorney Harold Hammett, 800 Baker Building, came forward to represent the applicants. Mr. Hammett requested that the Northeast 70 feet of Lot llA, Burger King, be considered separately from the other lots involved. He stated that the useage of the land has not changed in the past several years. . Councilman Cato asked Mr. Hammett if the land useage had not changed since prior to 1968, why did he not come forward at the time the entire City rezoned to object to the zoning. Mr. Hammett stated there was no reason to protest at that time due to the fact they were operating under non-conforming pre-existing uses. Page 3 January 13, 1975 Councilwoman Goodnight stated it was not clear whey he wanted the property rezoned. Did he have a specific use in mind? Mr. Hammett replied that it was diffcu1t to negotiate long term leases due to the 6-months vacancy clause. If a vacancy exists for 6 months or longer, the non-conforming uses would be void. It is also difficult to remodel or make structural changes with the non-conforming use stipulation. Mayor Faram asked for other in favor to come forward. There were no others at this time. Mayor Faram requested those opposed to the rezoning to speak up. The following persons appeared before the Council to express opposition. Attorney, Rex McEntire, 5024 Broadway, stated that he represented 95% of the persons that were in opposition to this rezoning. He stated their main objection was the fact that the rezoning would depreciate the value of their property. There were approximately 30 to 40 persons present. The following persons expressed their objections to the rezoning: Mr. Don Ryan, 4408 Cummings Drive Mr. Frank Koenig, 4300 Cummings Drive Mr. S. K. Baker, 4400 Cummings Drive Mr. R. A. Pitchford, 4504 Cummings Drive Mr. John H. English, 4340 Cummings Drive Mr. E. R. Sargent, 4320 Cummings Drive Mr. C. C. Maze, 4312 Cummings Drive Mr. Jack McClung, 4316 Cummings Drive Mayor Faram declared the Public Hearing closed. Motion was made by Councilman Newman, seconded by Councilman Cato, that we take the recommendation of the Planning and Zoning Commission and deny the zoni ng. Councilwoman Goodnight stated she felt she had a possible conflict of interest. Councilman Wood stated he also had a possible conflict of interest. City Attorney Tim Truman said he had reviewed the details of the personal circumstances and felt there could be a conflict of interest in both cases. RECESS AUDIT REPORT CITIZENS PRESENTATION *Motion carried by a vote of 6-1; Councilman Cato voting against. RESOLUTION 75-2 AMENDING ORDINANCE NO. 91 Page 4 January 13, 1975 Motion carried by a vote of 5-0 with Councilmen Cato, Newman, Lamond, Conant and Ellis voting for and Councilwoman Goodnight and Councilman Wood abstaining. Let the record show that there was a legal petition presented against this zoning. The Mayor declared a five minute recess. The meeting was called back to order with the same Council and Staff present as recorded at the beginning of the meeting. Consideration of Approval of 1974 Audit Report Motion was made by Councilman Newman, seconded by Councilwoman Goodnight, to approve the 1974 Audit Report,as presented. Motion carried by a vote of 7-0. Citizens Presentation Mark Love - Tarrant County Planning Department Re: Community Development Act of 1974 Mr. Mark Love of the Tarrant County Planning Department requested that the last paragraph of Resolution 74-19 be deleted in order to be uniform with resolutions from surrounding cities and conform to HUD guidelines. After discussion, motion was made by Councilman Ellis, seconded by Councilman Conant, to delete the last paragraph of Resolution 74-19. * Motion carried by a vote of 7-0. Resolution 75-1 will replace Resolution 74-19. Consideration of Resolution Authorizing the Mayor to Submit and Sign an Application to the Texas Criminal Justice Division for Grant Assistance as Provided for by Public Law 90-351 Motion was made by Councilman Lamond, 75-2 as presented. vote of 7-0. Councilman Ellis, seconded that we approve Resolution Motion carried by a Consideration of Ordinance Amending Ordinance No. 91, Municipal Disaster Emergency Services Motion was made by Councilman Ellis, seconded by Councilman Wood, to approve Ordinance No. 573 amending Ordinance No. 91. Motion carried by a vote of 7-0. Page 5 January 13, 1975 APPROVAL OF PAYMENT Consideration of Payment to Rone Engineering in the Amount of $750.00 APPROVAL OF BIDS CONTRACT NO. 14 Motion was made by Councilman Ellis, seconded by Councilman Wood, to approve payment to Rone Engineering for $750. Motion carried by a vote of 7-0. Consideration of Bids for CIP Contract No.14 After reviewing the bids submitted, Mayor Faram stated that Texas Bitulithic Company was low bidder with a bid of $1,224,662.22 and 300 working days. After discussion, Mayor Faram requested the City Engineer to write a letter to the City Inspection Department cautioning them in regards to the compaction factor. Motion was made by Councilman Conant, seconded by Councilman Lamond, that we accept the low bid of Texas Bitulithic Company for CIP Contract No. 14. Motion carried by a vote of 7-0. AMENDING ORDINANCE No. 179 Consideration of Ordinance Amending Ordinance No. 179, Zoning Ordinance After discussion, motion was made by Councilman Cato, seconded by Councilman Newman, that this item be tabled to permit the Council members to again meet with the Planning and Zoning Commission to work out remaining problem areas. Motion carried by a vote of 7-0. CITIZENS PRESENTATION Citizens Presentation Mr. William C. Moore Re: Sidewalk Repair Mr. William C. Moore, 6708 La Rus, appeared before the Council to request that they aid in getting the City repair his sidewalk that was broken during water line repairs. Mayor Faram instructed Mrs. Pinner to contact Mr. Ray Britton of the Public Works Department and Mr. Allen Bronstad of the Utility Department and request that they resolve this problem. ADJOURNEMNT ATTEST: ~?¡¿ ??~Z~1 Ruth Pinner - Acting City Secretary Page 6 January 13, 1975 There being no further items on the agenda Mayor Faram declared the meeting adjourned. /}/l. d//dAd ) / ./\.n (.,~' '" '.7/£1-~ vDi ck Faram - Mayor