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HomeMy WebLinkAboutCC 1975-06-23 Minutes f MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, JUNE 23, 1975 - 7:30 P.M. Mayor Dick Faram called the regularly scheduled meeting to order June 23, 1975, at 7:30 P.M. PRESENT: Mayor Councilmen CALL TO ORDER ROLL CALL Councilwoman Dick Faram Norman Ell is George Conant, Jr. John Lamond Tom E. Newman Jim Cato JoAn Goodnight Council Place 1 is vacant. STAFF PRESENT: City Manager Ci ty Secretary Ci ty Attorney City Engineer Traffic Coordinator M. E. Riddle Winnie L. Barclay Tim Truman Dick Perkins Bob Shade PRESS REPRESENTATIVE: Tom Mitchell Don Harrison Mid-Cities Daily News Ft. Worth Star Telegram Also recognized were Mr. Marion Massey, former Mayor, and Dr. Jim Cobb, Councilman, Richland Hi 11 s . The invocation was given by Councilwoman Goodnight. INVOCATION APPROVAL OF MINUTES Approval of the Minutes of the Regular Meeting, June 9, 1975 Motion was made by Councilman Lamond, seconded by Councilman Conant, to approve the minutes of the June 9, 1975 meeting as presented. Councilman Newman abstained as he was present for only a portion of the meeting and Councilman Ellis abstained because of his absence. Vote: 4-0 2 Abstentions Citizens Presentation - Mr. W. V. McClure BUILDING CODE VARIANCE Mr. W. V. McClure, Route 1, Box 305, Smithfield, requested permission to move one three-room frame house located on his property to another location on his property and combine it with a four-room frame house at that location. Vote: 6-0 30' After discussion, it was determined that the Council had the authority to approve a variance in the building code to allow this request; however, there was some question as to whether the building would also be covered under the Zoning Ordinance. Motion was made by Councilman Ellis, seconded by Councilman Newman, to approve the request, varying the building code on a non-precedent basis, with instructions to get with the City Staff to see if there were applicable zoning stipulations that must be followed. Motion carried 6-0. Consideration of Granting an Appeal Hearing for LaQuinta Motor Inn - Specific Use Permit - Private Club Request was made by Mr. Dennis Morrow, Attorney at Law, representing LaQuinta Motor Inn, for an appeal hearing. Discussion revolved around the necessity for the pre- sence of all the Council for such hearing. Upon agreement between the Council and Mr. Morrow, the following motion was made. Motion was made by Councilman Newman, seconded by Councilman Conant to grant the appeal hearing and schedule it for the first possible Council Meeting, dependent upon the presence of the Council and re- quired publication. Motion carried 6-0. Consideration of Garbage Collection Ordinance Mayor Faram recognized Mr. Marion Massey, Attorney at Law, representing Texas Commercial Service, Inc., who answered Council questions concerning the owner- ship of the companies specified in this ordinance, and made his presentation for acceptance of the ordinance. Changes were suggested and agreed upon, with the instructions the signed ordinance would reflect these changes. Motion was made by Councilman Lamond, seconded by Councilman Cato, to approve the ordinance as changed. Motion carried 6-0. Consideration of Southwestern Bell Telephone Co. Gross Receips Ordinance Motion was made by Councilwoman Goodnight, seconded by Councilman Lamond, to approve the gross receipts proposed by Southwestern Bell Telephone Co. Mayor Faram asked Dick Grigsby, Local Manager of Southwestern Bell, to come forward to answer questions of the Council. GRANTING APPEAL HEARING Vote: 6-0 60' ORDINANCE NO. 601 Vote: 6-0 80· PROPOSED SW BELL GROSS RECEIPTS ORDINANCE Tabled Vote: 6-0 161' During the discussion, Mayar Faram reminded Mr. Grigsby that the Council had been promised during the last meeting that the Bell ordinance would cover 4% of the yellow page advertising and 4% of the one-time charges (installation, etc.) as well as 4% of the regular service charges. In response Mr. Grigsby replied that he too had heard this statement made but he had not made it. Mayor Faram said he felt that the City was not getting a fair deal, being promised one thing and then being asked to pass an ordinance which said something else. Mr. Grigsby agreed. Councilman Newman suggested that the rate increase ordinance which had been passed previously be re- scinded. City Attorney Tim Truman said this could be done but the motion would have to be made by someone sho had not voted against the approval. There was no motion made. After further discussion Mayor Faram reiterated his thoughts that the ordinance should not be adopted until some definite commitments were received from the tele- phone company. Motion was made by Councilman Newman, seconded by Councilman Cato, to table the proposed ordinance. Motion carried 6-0. Planning and Zoning, PZ 75-19, Request of First National Bank of Hurst to rezone Lot 6, Block 23, Clearview Addition from Neighborhood Retail-Specific Use to 1F-9 One Family Dwelling Planning and Zoning, PZ 75-20, Request of First National Bank of Hurst to rezone Lot 6, Block 23, Clearview Addition from Neighborhood Retail - Specific Use to 1F-9 One Family Dwelling Mayor Faram requested that if there were no opposition to doing so, that the Public Hearing for PZ 75-19 and PZ 75-20 be held at the same time. It was agreed that both could be heard simultaneously. Mayor Faram declared the Publich Hearing open and called for those wishing to speak in favor of this rezoning to please come forward. Mr. Richard Taylor, President of the First National Bank of Hurst, made the presentation in behalf of the bank, requesting the rezoning. PZ 75-19 Refuséd Vote: 6-0 244' PZ 75-20 ORDINANCE #602 Vote: 6-0 Upon questioning regarding the barn-like structure in PZ 75-19, and what the bank planned to do regarding it, Mr. Taylor replied that it was not his intention to discuss anything except the rezoning. He said it was the bank's opinion that nothing could be accomplished as far as an agreement with the homeowners and that while he did not wish to appear facetious he just wanted to have the zoning approved or disapproved and go on from there. Further discussion strengthened the premise that the bank could do nothing with the property in PZ 75-19 and PZ 75-20 until it was rezoned. Mr. Taylor agrred that this was true. Mayor Faram requested those opposed to this rezoning to please come forward. Mrs. Donnie L. Dees, 7909 Maplewood, appeared repre- senting the home owners of the area and made a request that the property not be rezoned. She said she and the other property owners still wanted the objectionable structure torn down. There being no one else wishing to speak against the rezoning, Mayor Faram declared the Public Hearing closed. Motion was made by Councilman Newman, seconded by Council- man Cato, to refuse the request for rezoning on PZ 75-19. Motion carried 6-0. Motion was made by Councilman Ellis, seconded by Council- man Conant to approve the rezoning on PZ 75-20. Motion carried 6-0. Planning and Zoning, PZ 75-21, Request of J. V. Leggett, Inc., to rezone .450 acre of the W. W. Wallace Survey, Abstract 1606 from Local Retail to Local Retail Specific Use - Sale of Beer for Off Premises Consumption Mayor Faram declared the Public Hearing open and called for those wishing to speak in favor of the rezoning to please come forward. Marion Massey, Attorney at Law, representing J. V. Leggett, Inc., made presentation requesting the rezoning. Discussion followed, including pertinent remarks and recommendations concerning egress and ingress to the store and the installation of stop signs, using Traffic Coordinator Bob Shade's report. Also discussed was the opening in the median on Grapevine Highway and the fact that it was there because Hudiburg Chevrolet wanted it there and the State would not close it. The Council agreed that this was a particularly dangerous traffic location. Mayor Faram requested please come forward. against the rezoning, Hearing closed. those opposed to this rezoning to There being no one wishing to speak Mayor Faram declared the Public PZ 75-21 ORDINANCE NO. 603 Vote: 4-2 356' The original motion by Councilman Ellis, seconded by Councilman Conant, was based on the approval by the State of the traffic signs as recommended by Bob Shade. However, further conversation yielded the information that approval from the State could possibly be a long time coming, or might not come at all. Motion was restated by Councilman Ellis, seconded by Councilman Conant, to approve the rezoning as requested. Motion carried 4-2, with Councilmen Newman and Cato voting against the rezoning. Mayor Faram directed that the City Staff bring pressure on the State to erect the traffic signs as recommended by Bob Shade and, further, to close the median on Grapevine Highway. Planning and Zoning, PZ 75-23, Request of Curtis R. Moore to rezone 6.0 acres of the Thomas Peck Survey, Abstract 1210 from Agriculture to Local Retail - Specific Use Mayor Faram declared the Public Hearing open and called for those wishing to speak in favor of this rezoning to please come forward. Bob Holder,8032 Main, Smithfield, representing Richland Riding Club, made the presentation requesting the re- zoning for a private riding club. those opposed to this rezoning to There being no one wishing to speak Mayor Faram declared the Public Mayor Faram requested please come forward. against the rezoning, Hearing closed. Motion was made by Councilman Newmand, seconded by Councilman Conant, to approve the rezoning as requested. Motion carried 6-0. PS 75-5, Hill IN Oaks Place Addition, Reconsideration of Final Plat Mayor Faram recognized Elmer Allison, representing Hill IN Oaks. Mr. Allison and City Manager Gene Riddle informed the Council that a full asphalt street, with curb and gutter would be installed on Simmons Road, at the cost of the developer and that the developer would be responsible for obtaining the necessary right-of-way. As the final plat had already been approved, no action was necessary. Ratification of Approval to Waive Letter of Credit to be Placed in Escrow by Developer on HilliN Oaks Place Addition Motion was made by Councilman Conant, seconded by Councilman Cato, to ratify the approval to waive letter PZ 75-23 ORDINANCE NO. 604 Vote: 6-0 7901 HILLIN OAKS ADDITION SIMMONS ROAD No action 8071 RATIFICATION Vote: 3-0 8171 of çredit by Developer on Hill IN Oaks Place Addition. Motlon carried 3-0, with Councilwoman Goodnight and Councilmen Newman and Ellis abstaining. Ratification of Purchase of Micro-film Equipment RATI FICATION Motion was made by Councilman Cato, seconded by Council- Vote: 4-0 woman Goodnight, to ratify purchase of micro-film equipment. Motion carried 4-0, with Councilmen Ellis and Newman abstaining. Side 2 Ratification of Approintments to Various Commissions RATI FICATION Motion was made by Councilman Cato, seconded by Council- Vote: 4-0 woman Goodnight, to ratify the appointments to various commissions: Mrs. Oscar Reeder, Mrs. Aliene Mullendore and Fred Davis, Sr. to the Library Board; and Thad Biard to Planning and Zoning. Motion carried 4-0, with Councilmen Newman and Elliss abstaining. 351 Consideration of Ordinance Approving and Adopting the Assessment Rolls for the City of North Richland Hills for the year 1975 ORDINANCE NO. 605 Vote: 6-0 601 Motion was made by Councilman Lamond, seconded by Councilman Conant, to approve the ordinance as presented. Motion carried 6-0. Consideration of Resolution Designating M. E. Riddle to act for City of North Rièhland Hills in Making Application to the Texas Parks and Wildlife Department for the Purpose of Participating in the Land and Water Conservation Fund Act of 1965. RESOLUTION NO. 75-12 Vote: 6-0 801 Motion was made by Councilman Newman, seconded by Councilman Cato to approve the resolution as presented. Motion carried 6-0. Consideration of Payment to Texas Bitulithic Company, Contract No. 13, Job 3-313, in the amount of $105,372.47 APPROVAL OF PAYMENT Vote: 6-0 90' Motion was made by Councilwoman Goodnight, seconded by Councilman Conant, to approve payment as presented. Motion carried 6-0. Consideration of Payment to Texas Bitulithic Company, APPROVAL OF PAYMENT Contract No. 14, Job 3-314, in the amount of $136,940.51 Vote: 6-0 951 Motion was made by Councilman Ellis, seconded by Council- man Lamond, to approve payment as presented. Motion carried 6-0. Consideration of Payment to Public Administration Service in the Amount of $4,514.90 Motion was made by Councilman Ellis, seconded by Council- woman Goodnight to approve payment as presented. Motion APPROVAL OF PAYMENT Vote: 6-0 1031 carried 6-0. Consideration of Condemnation Proceedings The City Manager reported that Mr. J. R. Parker, owner of Tract 24C, 24F, N 701 of S 2851 of Tract 25, N 701 of S 3551 of Tract 25, and Tract 24B1, Block 1, M. Lynch Abstract 953, had signed the necessary right-of-way prior to the Council Meeting. Therefore, no action was required by the Council. Consideration of Condemnation Proceedings ~1otion was made by Counci lman Conant, seconded by Councilman Cato to proceed with condemnation proceed- ings on property owned by Phillip Bernstein, i. e., S 2151 of Tract 25, Block 1, M. Lynch Abstract 953. Motion carried 6-0. CONDEMNATION No action necessary. 1091 CONDEMNATION Vote: 6-0 1121 There was no one present to speak on this item. There being no other items on the agenday, Mayor Faram declared the meeting adjourned. CITIZENS PRESENTATION ADJOURNMENT ~l/--duthTV O'tK FARAH, MAYOR ATTEST: /I ETARY