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HomeMy WebLinkAboutCC 1974-04-08 Minutes MINUTES OF THE MEETING TO THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, APRIL 8, 1974 at 7:30 P.M. CALL TO ORDER Mayor Marion L. Massey called the meeting to order at 7:30 p.m. ROLL CALL PRESENT: Mayor Councilmen Marion L. Massey Lloyd McKinney Norman Ellis Di ck Faram Wa 1 ter Smi th Tom E. Newman James F. Cato JoAn Goodnight Councilwoman STAFF PRESENT: City Manager Ci ty Secretary Ci ty Attorney City Engi neer Traffi c Safety Coordinator M. E. Riddle Anna Lee Caudry Tim Truman Dick Perkins Henry Power INVOCATION *Rev. Don Pike of the Davis Memorial United Methodist Church gave the invocation. * Rev. Don Pike of Richland Hills United Methodist Church. Regular Council Meeting - March 25, 1974 APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING Councilman Newman moved, seconded by Councilman Ellis, to approve the minutes of the March 25, .1974 meeting as presented. The motion carried by a vote of 6-0; Councilwoman Goodnight abstaining due to absence at the March 25, 1974 meeting. RESOLUTION NO. 74-5 Resolution Canvassing the Election Mayor Massey read Resolution No. 74-5 which contained the results of the April 2, 1974 Municipal Election. The following results were canvassed. Candidates Office To ta 1 Dick Faram Mayo r 419 James T. Wood Councilman 169 Lloyd McKi nney Place One 230 Marvin D. Smith 96 Norman Ell is Councilman 397 Place Two "-~~.~~---~--~.~_..- Page 2 April 8, 1974 Candidates Office Total George Conant, Jr. Councilman 395 Place Three John Lamond Councilman 279 Wa lter Smi th Place Four 205 Tom E. Newman Councilman 411 Place Five J. F. IIJimll Cato Councilman 404 Place Six Mrs. JoAn Goodnight Councilwoman 413 Place Seven Write In Candidates Office Tota 1 Rache 1 Wi 11 i ams Councilwoman 1 Place Two Diane Smith Councilwoman 1 Place Three Janet Sellars Councilwoman 1 Place Four Bill Polster Councilman 1 Place Six The following candidates were declared duly elected to the offices indicated. Office Duly Elected Official Mayor Dick Faram Councilman Place Two Dr. Norman Ellis Council man Place Three George Conant, Jr. Council man Place Four John Lamond Councilman Place Five Tom E. Newman Councilman Place Six J. F. Cato Councilwoman Place Seven JoAn Goodnight Page 3 Apri 1 8, 1974 It further appearing that no candidate received a majority of the vote for the offices hereinafter indicated and that therefore, no candidate should be declared elected to such office: Office Councilman Place One Councilman Ellis moved, seconded by Councilman Newman, to approve Resolution 74-5. The motion carried by a vote of 7-0. OATH OF OFFICE City Attorney, Tim Truman, adminstered the following oath to the new Mayor and City Council: OATH OF OFFICE I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of (City Councilman o~ Mayor) of the City of North Richland Hills, State of Texas, and will to the best of my ability, preserve, protect, and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment as a reward for the giving or withholding a vote at the election at which I was elected. So help me God. MAYOR'S PRESENTATION Mayor Dick Faram presented Walter Smith with a plaque expressing the City's appreciation for his dedicated service. Mayor Faram presented Marion Massey with a plaque and the gavel he had used and expressed the City's appreciation for the services he rendered as Mayor, Municipal Court Judge and City Attorney. RECESS ROLL CALL A fifteen minute recess was called at this time. PRESENT: Mayo r Councilmen Councilwoman Di ck Faram Lloyd McKinney Dr. Norman Ellis George Conant, Jr. John Lamond James F. Cato JoAn Goodnight ABSENT: Councilman Tom E. Newman Page 4 April 8, 1974 ALL CITY STAFF PRESENT PROCLAMATION Proclamation Calling Run Off Election Mayor Faram read a proclamation calling the run off election for Councilman Place 1 for May 7, 1974 using paper ballots; naming the Judges; setting the polling places; setting the hours and calling for the publication of notice of election. CITIZEN'S PRESENTATION Mr. Bob Harvey Re: Petitions Requesting Collective Bargaining Referendum Mr. Jim Claunch, a lawer, 408 Sinclair Building, representing the North Richland Hills Fire Fighters Association presented the petitions requesting a referendum on collective bargaining for fire fighters. Mayor Faram accepted the petitions. ANNEXATION Authorization to proceed with annexation of area know as Bursey Ranch Councilman Ellis moved, seconded by Councilman Cato, to table the annexation authorization until April 22, 1974. The motion carried by a vote of 6-0. INJUNCTION AUTHORIZATION Authorization to file Injunction Against Bursey Estates to prohibit Discharge of Sewer Effluent into Bear Creek RATE ANALYST Councilman Ellis moved, seconded by Councilman Cato, to authorize the filing of an injunction against Bursey Estates to prohibit discharge of sewer effluent into Bear Creek. The motion carried by a vote of 5-0; with Councilwoman Goodnight abstaining. Consideration of Hiring a Rate Analyst for Study of Texas Electric Service Company's Rates Councilman Cato reviewed the credentials of the two rate analysts which he and Councilman Newman have contacted, Mr. Jack Hooper and Mr. Bill Morries. He stated the charge for each, the scope of work each would perform and what we could expect to learn. Page 5 Apri 1 8, 1974 Councilman Cato moved, seconded by Councilman McKinney, to hire one of these two experts and to have a work session to decide which one. After much discussion, Councilman Cato withdrew his motion. He then moved, seconded by Councilwoman Goodnight, to table until April 22, 1974 and to have a work session before that time. The motion carried by a vote of 6-0. APPOINTMENTS The work session was scheduled for 7:00 p.m., on Wednesday, April 10, 1974. Appointment of Member to the Drug Abuse Advisory Board The following persons were appointed to the Drug Abuse Advisory Committee and they will elect one from this group to the Area Advisory Committee. Councilman McKinney Councilman Conant Mayor Faram Councilman Lamond Councilman Cato Councilman Newman Councilwoman Goodnight Rev. Ron Smotherman Tom Murray Al Garrett Ben Shilcutt Mrs. Ledia Johnson Ray Grammer Mrs. Peggy Hazelwood The City Secretary was instructed to notify these persons by mail. PLANNING & ZONING PZ 74-6 Appeal Hearing for 121, Inc., Requesting Local Retail Specific Use - Sale of Beer for off Premises Consumption Mayor Faram declared the Public Hearing on 121, Inc. open and asked for all persons wishing to speak for the proposal to please come forward. Mr. Sheldon Aninson, representing 121, Inc., requested the Council to grant the Specific Use- Sale of Beer for off Premise Consumption to 121, Inc. He reviewed the case to this point and presented traffic figures for Highway 121 according to the Traffic Engineering Department of the City of Fort Worth. 1967 1969 1971 1973 17,100 per day 24,700 22,500 14,600 Page 6 Apri 1 8, 1974 After much discussion between the Council, Mr. Gerald Lemons of Carter & Burguss, Mr. Henry Power and Mr. Animson, Councilwoman Goodnight moved, seconded by Councilman Ellis, to approve PZ 74-6. The vote was 5-1; Councilmen McKinney, Ellis, Conant, Lamond and Councilwoman Goodnight for; Councilman Cato against. The City Attorney was asked to rule on the number of votes required to pass this motion. FIVE MINUTE RECESS Mayor Faram called the meeting back to order. The City Attorney ruled that since PZ 74-6 was denied by the Planning and Zoning Commission it is necessary to have 3/4 vote of all Councilmen or 6 affirmative votes. Mayor Faram ruled the motion to approve PZ 74-6 failed. Councilman Cato moved, seconded by Councilman Ellis, to reconsider PZ 74-6, the request of 121 Inc., for a Specific Use Sale of Beer zoning. The motion carried by a vote of 6-0. Councilman Cato moved, seconded by Councilwoman Goodnight, to table PZ 74-6 the request of 121, Inc., for Specific Use Zoning. The motion carried by a vote of 6-0. PAYMENT Consideration of Payment to Universal Tank and Iron Works, Inc., for Job 3-509, Estimate #5, 500,000 Gallon Elevated Water Storage Tank in the amount of $8,100.00 Councilman Ellis moved, seconded by Councilwoman Goodnight, to approve payment to Universal Tank and Iron Works, Inc., Estimate #5, Job 3-509, in the amount of $8,100.00. The motion carried by a vote of 6-0. PAYMENT Consideration of Payment to L. D. Conatser on Estimate #1, Job 3-515, Big Fossil Outfall Sewer Line Line in the Amount of $11,531.48 Councilman McKinney moved, seconded by Councilman Conant, to approve payment to L. D. Conaster on Estimate #1, Job 3-515, in the amount of $11,531.48. The motion carried by a vote of 6-0. Page 7 April 8, 1974 PAYMENT Consideration of Payment to Elm Fork Construction Company for Estimate #2, Job 3-511, Starnes Road and Amundson Road Water and Distribution Mains in the amount of $29,957.92 PAYMENT Councilwoman Goodnight moved, seconded by Councilman McKinney, to approve payment to Elm Fork Construction Company for Estimate #2, Job 3-511, in the amount of $29,957.92. The motion carried by a vote of 6-0. Consideration of Payment to Texas Bitulithic Company for Estimate #3, Job 3-313, Contract 13, CIP, Street and Drainage Improvements in the amount of $11,356.29 Councilman Ellis moved, seconded by Councilman McKinney, to approve payment to Texas Bitulithic Company for Estimate #3, Job 3-313, Contract 13, CIP, in the amount of $11,356.29. The motion carried by a vote of 6-0. PLANNING & ZONING PS 74-6 PS 74-6 Request of Henry Nielson to revise Lots 8, 9 & 10 of Block 3, Valley Park Estates Councilman Lamond moved, seconded by Councilman Ellis, to approve the request of Henry Nielson to revise lots 8, 9 & 10 of Block 3, Valley Park Estates to lot 8R. The motion carried by a vote of 6-0. PLANNING & ZONING PS 74-7 Request of Holiday Joint Venture to Revise Lots 3 & 4, Block 13, Holiday North, Section 4 After discussion, Councilman Ellis moved, seconded by Councilwoman Goodnight, to approve the request of Holiday Joint Venture to revise lots 3 & 4, Block 13. The motion carried by a vote of 6-0. PLANNING & ZONING PS 74-8 Request of Wayne Richardson - Preliminary Plat of Central Park Addition, 2F9 & Local Retail There was no one present to speak for PS 74-8. A question was raised as to whether the plat plan conformed to present zoning. The Council was advised that a change in zoning would be required. Page 8 April 8, 1974 After discussion Councilman Cato moved, seconded by Councilman Ellis to table PS 74-8 until such time as the zoning change has been approved. The motion carried 6-0. ITEM ADDED TO THE AGENDA Mangham Airport City Manager Riddle stated that he and Tim Truman had met with the owners of Mangham Airport and arrived at an agreement with regards to the easement which the City had requested. The owners of the airport requested that the Council approve the agreement. Mr. Truman stated that he felt it was unnecessary to take this action, but that he and the City Manager did not object to Council affirmation. CITIZENS PRESENTATION Councilman Ellis moved, seconded by Councilman Cato, to add Mangham Airport easement to the agenda. The motion carried by a vote of 6-0. Councilman Ellis moved, seconded by Councilwoman Goodnight, for the City to accept a 151 sewer easement across Mangham Airport property in return for the following consideration: The owners of Mangham Airport will pay an amount equal to an 81 sewer line, the amount to be determined by Bill Ratliff, an engineer, and this amount would be paid at the time the owners of Mangham Airport tied into the facility. The motion carried by a vote of 6-0. Jeddiah J. Bell Re: Welding Shop Mr. Bell appeared before the Council to request permission to enlarge his welding shop. His property is in the Smithfield area and the existing welding shop is non-conforming. Mr. Bell was told to bring his request formally before the Planning and Zoning Commission as a zoning change was necessary before the welding shop could be enlarged and used as a business. There being no further items on the agenda for consideration, Mayor Faram djourned t e meeting. ADJOURNMENT ATTEST: