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HomeMy WebLinkAboutCC 1974-04-22 Minutes MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, APRIL 22, 1974 - 7:30 P.M. CALL TO ORDER Mayor Dick Faram called the regularly scheduled meeting of the North Richland Hills City Council to order at 7:40 p.m., April 22, 1974. PRESENT: Mayor Councilmen Dick Faram Lloyd McKinney Norman Ellis George Conant, Jr. John Lamond Tom E. Newman James F. Cato JoAn Goodnight ROLL CALL Councilwoman STAFF PRESENT: City Manager Ci ty Secretary City Attorney City Engineer Traffic Safety Coordinator M . E . R i dd 1 e Anna Lee Caudry Tim Truman Dick Perkins Henry Power INVOCATION The invocation at this regular Council meeting was given by Councilman Ellis. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING Regular City Council Meeting - April 8, 1974 Councilman Ellis moved, seconded by Councilman Conant, to approve the minutes with the following correction: Rev. Don Pike of the Richland Hills United Methodist rather than Davis Memorial Methodist. The motion carried by a vote of 6-0; Councilman Newman abstaining due to absence at part of the April 8 meeting. ELECTION Mayor Pro-Tem The Mayor called for nominations for the office of Mayor Pro-Tem. Councilman Newman nominated, seconded by Councilman McKinney, Councilman Cato. Councilwoman Goodnight nominated, seconded by Councilman Conant, Page 2 April 22, 1974 Councilman Ellis. Councilman Lamond moved, seconded by Councilman Newman, to close nominations. The motion carried by a vote of 7-0. A secret ballot was taken and the results were Councilman Ellis 3 votes; Councilman Cato 2 votes. Councilman Ellis was declared elected Mayor Pro-Tem. PRESENTATION Presentation of Five Year Certificate CITIZEN'S PRESENTATION Mayor Faram presented Claudette Smyth of the Utility Department with a five year pin and certificate for five years of service with the Utility Department. Mr. Gib Lewis Re: Race Street Property Mr. Gib Lewis stated that he was presently looking for a new location for his printing business and that he preferred to stay in the same general location. He had been advised that the City had a building at 2300 Race Street on a lease purchase agreement. He further stated that he would like to assume the City·s Liabilty of the lease purchase agreement. Mrs. McCann, the present owner, has agreed. Mr. Lewis is attempting to buy the land adjacent and this agreement would hinge on his ability to obtain this land. The City has 17 more years left on this lease at $649.00 per month for rent and insurance. The original agreement between TCWSC and the McCann family was $187,000.00 which has been reduced to $132,600. Councilman Newman moved to table until the City Staff could prepare some cost figures. The motion died for the lack of a second. It was pointed out that in the two and one half years we had owned the property, an effort had been made to sell with no positive results. After much discussion, Councilman Ellis moved, seconded by Councilman Newman, to advertise this property for sale under sealed bids with the opening to be May 6, 1974. The City reserved the right to reject any and all bids. Page 3 April 22, 1974 The motion carried by a vote of 4-3. Councilmen McKinney, Ellis, Conant and Newman voting for; Councilmen Cato and Lamond and Councilwoman Goodnight voting against. CITIZEN' PRESENTATION * Mr. C. R. Ke 11 ow Re: Ambulance Service * R. C. Mr. R. C. Kellow stated his name and address and was then asked by the Mayor if he had presented his proposal to the City Manager. Mr. Kellow replied negatively. Mr. Kellow was then asked if the opportunity was given him to meet with the City Manager. Mr. Kellow said that he had been given the opportunity. Mayor Faram asked why he had not done so. Mr. Kellow replied he didn't have time. APPROVAL OF PAYMENT Mayor Faram then directed Mr. Kellow to get with the City Manager and the subject would be scheduled for a later agenda. Approval of Payment to M & L Construction Company for Final payment on Comfort Station Construction in the amount of $2,404.70 Councilman Lamond moved, seconded by Councilwoman Goodnight, to approve payment to M & L Construction Company in the amount of $2,404.70. The motion carried by a vote of 7-0. APPROVAL OF PAYMENT Approval of Payment to Cookham & Vessels, Inc., on Estimate #4 on the Walker Branch Outfall Sewer Line in the amount of $73,786.45 After discussion Councilman Ellis moved, seconded by Councilman Conant, to approve payment of Estimate #4, Cookham & Vessels, Inc., in the amount of $73,786.45. The motion carried by a vote of 7-0. APPROVAL OF PAYMENT Approval of Payment to E. H. Shaw, General Contractor on Estimate #1 for Watercourse Wlm Colorado Blvd. Storm Drainage in the amount of $6,521.04 Councilman Conant moved, seconded by Councilwoman Goodnight, to approve payment of Estimate #1 to E. H. Shaw in the amount of $6,521.04. The motion carried by a vote of 7-0. Page 4 Apri 1 22, 1974 APPROVAL OF PAYMENT Approval of Payment to Zack Burkett Company on Estimate #1 and Final, Park Site Construction in the amount of $29,851.65 Councilman Cato asked why the ten percent retainage fee was requested for payment. Mr. Perkins stated that the job was finished and cleared and there was no reason to withhold payment. Councilman Ellis moved, seconded by Council- woman Goodnight, to approve payment of Estimate #1 and Final to Zack Burkett Company in the amount of $29,851.65. The motion carried by a vote of 6-1; Councilmen McKinney, Ellis, Conant, Lamond, Cato and Councilwoman Goodnight voting for and Councilman Newman voting against. APPROVAL OF PAYMENT Approval of Payment to Shaw Construction, Inc. on Estimate #10 and Final on Job 3-312, Contract 12, C.I.P. Street and Drainage in the amount of $54,601.10 Councilwoman Goodnight moved, seconded by Councilman Ellis, to approve payment of Estimate #10 and Final to Shaw Construction Company in the amount of $54,601.10. Councilman Newman asked the City Manager if this was the contractor who had damaged Mr. Counts1gas line and also had covered a shut off value that our crews had been unable to locate. The City Manager replied affirmatively. After much discussion, the motion was defeated by a vote of 0-7, with all Council Members voting against. PLANNING & ZONING PZ 74-6 PZ 74-6, Request of 121, Inc. to rezone 19,754 square feet from Local Retail to Local Retail Specific Use - Sale of Beer for Off-Premise Consumption Mr. Sheldon Anisman, Attorney for 121, Inc., appeared before the Council to explain the compromise which had been worked out by Mr. Lemmons of Carter and Burgess and Page 5 April 22, 1974 Mr. Henry Power, North Richland Hills' Traffic Safety Coordinator. Mr. Power suggested four different sign placements and the closing of one driveway. Mr. Anisman agreed to erect all signs but requested a 45 day trial period before closing the driveway. Mr. Anisman requested a comparison of accidents before the store opens to the accidents during the first 45 days of operation. If investigation shows the driveway does create a hazard then it would be closed at the City's request. The City Attorney ruled a covenant containing this agreement should be attached to the Ordinance, signed by both parties, which would be binding. Councilwoman Goodnight moved, seconded by Councilman Ellis, to approve PZ 74-6, Specific Use Permit - Sale of Beer for Off- Premise Consumption with a covenant providing for a 45 day trial period leaving all drive- ways open. If at the end of 45 days, the City deemed it necessary to close one driveway, 121, Inc. would do so. Case PZ 74-6 was denied by the Planning and Zoning Commission and therefore 3/4 of the Council must approve or six affirmative votes are necessary for passage. RECESS The motion failed by a vote of 5-2. Councilmen McKinney, Ellis, Conant, Lamond and Councilwoman Goodnight voting for; Councilmen Newman and Cato voting against. A Five minute recess was called at this time. All Council Members and City Staff were present when the meeting was called back to order. ANNOUNCEMENTS Mayor Faram announced that Mid Cities Ambulance had notified the Police Department Dispatcher that they would no longer answer emergency calls in the City. Mayor Faram stated the Fire Department had made ready an emergency vehicle and service would be available through the Fire Department. Page 6 April 22, 1974 PLANNING & ZONING PZ 74-7 ORDINANCE NO. 523 PZ 74-7, Request of Kimbell, Inc., to rezone .39 acres of the J. H. Barlough Survey from IF-9 One Family Dwelling to Local Retail Mayor Faram declared the Public Hearing on PZ 74-7 open and called for all persons wishing to speak for PZ 74-7 to please come forward. Mr. Buddy Oujesky, P. O. Box 1540, Fort Worth, representing Kimbell, Inc., requesting the approval of this zoning change. Mayor Faram called for all persons wishing to speak against PZ 74-7 to please come forward. There being no persons wishing to speak against, Mayor Faram declared the public hearing closed. Councilwoman Goodnight moved, seconded by Councilman Ellis, to approve PZ 74-7, Ordinance No. 524. The motion carried by a vote of 7-0. PLANNING & ZONING PZ 74-8, PZ 74-9 & PZ 74-10 Request of John Barfield to rezone the following: PZ 74-8, 38.97 acres from Agriculture to IF-9; PZ 74-9, 7.55 acres from Agriculture to Local Retail; PZ 74-10,9.85 acres from Agriculture to 2F-9 Mayor Faram declared the Public Hearing open and called for all persons wishing to speak for PZ 74-8, PZ 74-9 and PZ 74-10 to please come forward. Mr. O. D. Long representing John Barfield, requested approval of all three of these cases. He showed the Council some additional drawings and answered questions. Mayor Faram called for all persons wishing to speak against these three cases to please come forward. There being no opposition, Mayor Faram declared the public hearing closed. Page 7 April 22, 1974 PZ 74-8 ORDINANCE NO. 524 Councilman Ellis moved, seconded by Councilwoman Goodnight, to approve PZ 74-8, Ordinance No. 524 subject to the stipulations imposed by the Planning and Zoning Commission. The motion carried by a vote of 7-0. PZ 74-9 ORDINANCE NO. 525 Councilwoman Goodnight moved, seconded by Councilman Conant, to approve PZ 74-9, Ordinance No. 525. The motion carried by a vote of 7-0. PZ 74-10 ORDINANCE NO. 526 Councilman Conant moved, seconded by Councilman Lamond, to approve PZ 74-10, Ordinance No. 526, subject to the stipulations imposed by the Planning and Zonning Commission. The motion carried by a vote of 7-0. PLANNING & ZONING PZ 74-11 & PZ 74-12 Request of D & D Investment Corporation to rezone 13.69 acres from Mutliple Family to Industrial and 16.71 acres from IF-9 One Family Dwelling to Industrial Mayor Faram declared the Public Hearing on PZ 74-11 and PZ 74-12 open and called for all parties wishing to speak for to please come forward. O. D. Long representing D & D Investment, asked for Industrial zoning for both cases. They do not plan any heavy industrial but would like office space with warehouse space and this requires industrial zoning. Mr. Long stated that D & D Investment was in agreement with the Planning and Zoning recommendation that the first 150 feet deep on the North and West side be used for nothing other than commercial. The South and East is bounded by the railroad. Mayor Faram called for all persons wishing to speak against PZ 74-11 and PZ 74-12 to please come forward. There being no opposition, Mayor Faram declared the Public Hearing closed. PZ 74-11 ORDINANCE NO. 527 Councilman Newman moved, seconded by Councilman Conant, to approve Ordinance No. 527 subject to the recommendations of the Planning and Zoning Commission that on the North property line the first 150 feet in depth be used for nothing other than Commerical. The motion carried by a vote Page 8 April 22, 1974 of 6-1. Councilmen McKinney, Ellis, Conant, Lamond and Councilwoman Goodnight voting for and Councilman Cato against. PZ 74-12 ORDINANCE NO. 528 Councilman Lamond moved, seconded by Councilwoman Goodnight, to approve Ordinance No. 528 subject to the recommendation of the Planning and Zoning Commission that on the West and North side, the first 150 feet in depth be used for nothing other than Commercial. The motion carried by a vote of 6-1. Councilmen McKinney, Ellis, Conant, Lamond, Newman and Councilwoma~voting for and Councilman Cato voting against. * Goodnight PLANNING & ZONING PZ 74-13 ORDINANCE NO. 529 PZ 74-13, Request of Richland Plaza Limited Partnership to rezone 42.08 acres of the Mahaley Survey from Local Retail to Commercial Mr. Larry Rice of Henry Miller Company, represented the owners in requesting the zoning of the Richland Plaza Shopping Center be changed from Local Retail to Commercial. Mr. Rice stated that some of the present tenants should have commercial zoning. Also he informed the Council that a national electronic firm was interested in leasing 100,000 square feet to be used as a training facility. Councilman Lamond expressed concern that some of the busiflessess allowed under commercial zoning would be objectional to the residental property owners around the Plaza. Councilman Newman moved, seconded by Councilman Conant, to approve Ordinance No. 529 to rezone Richland Plaza Shopping Center from Local Retail to Commercial. The motion carried by a vote of 6-1. Councilmen McKinney, Ellis, Conant, Newman, Cato and Councilwoman Goodnight voting for; Councilman Lamond voting against. PLANNING & ZONING PZ 74-14 PZ 74-14, Request of Hamm & Sandlin to rezone 0.86 acres out of the London G. Walker Survey from Local Retail to Commercial Mayor Faram declared the Public Hearing on PZ 74-14 open and requested those wishing Page 9 April 22, 1974 to speak for to please come forward. Mr. Calvin Luper, representing the present property owners, Hamm & Sandlin, asked that the property in the triangle at the intersection of Harwood Road and Highway 121 be rezoned from Local Retail to Commercial. Gary Fox, 213 Brookview, representing ARA, gave the Council a brief statement on the type of operation he wanted to place at this location. Mr. Fox stated that they would have some rental equipment to be stored outside the building such as tractors. Mayor Faram asked for those opposed to please come forward. Mr. Frank Pope, 1717 Brown Trail, Hurst, represented 40 property owners around this location. Mr. Pope showed the Council pictures of the present two ARA locations and stated that the petition he was presenting represented those owners objections to the proposed rezoning. Mr. Bill Lindsey, owner of 101 acres of land to the northeast of the property, stated that he was not opposed to the zoning provided a 6 foot tall screening fence of the stockade variety was placed parallel to Harwood and 121 and provided equipment is not placed in the point of the triangle at the intersection of 121 and Harwood. There being no further opposition, Mayor Faram declared the Public Hearing closed. Councilwoman Goodnight moved, seconded by Councilman Ellis, to approve PZ 74-14, Ordinance No. 532, subject to the Planning and Zoning Commission's recommendation that a stockade type fence be built from the stone company's property line parallel to Harwood Road and 121 and to connect to the building. The City Attorney ruled that a covenant signed by the property owners would be the preferred way to achieve what the Council seemed to be requesting. The City Attorney also ruled that a 3/4 majority vote of the Council would be required as the City Manager and City Secretary had verified that twenty percent of the property owners within 200 feet had signed the petition. Page 10 April 22, 1974 Councilman Cato moved, seconded by Councilman Lamond, to postpone PZ 74-14 to the last item on the agenda to give all parties concerned time to discuss their options. The motion carried by a vote of 7-0. PLANNING & ZONING PZ 74-16 ORDINANCE NO. 530 PZ 74-16, Request of Morris E. Riddle to rezone 4.00 acres of the J. B. Eden Survey from Agriculture to IF-12 One Family Dwelling Mayor Faram declared the Public Hearing on PZ 74-16 open and requested those wishing to speak for to come forward. O. D. Long, representing Morris E. Riddle, requested the rezoning of 4 acres from Agiculture to IF-12. Mayor Faram asked for those opposed to please come forward. There being no opposition, Mayor Faram declared the Public Hearing closed. After discussion, Councilman Ellis moved, seconded by Councilman Conant, to approve Ordinance No. 530. The motion carried by a vote 7-0. PLANNING & ZONING PZ 74-17 ORDINANCE NO. 531 PZ 74-17, Request of J. P. Birdwell to rezone Lot 5C, Block 1, of the Jack M. Estes Subdivision from Local Retail to Commercial Mayor Faram declared the Public Hearing on PZ 74-17 open and requested those wishing to speak for or against to please come forward. Mayor Faram declared the Public Hearing closed as no one appeared. The City Manager stated that Mr. Birdwell had been in the audience. He also stated that he had requested Mr. Birdwell to file for the zoning change as he was presently operating a commercial business in local retail zoning. Mr. Birdwell appeared in the Council Chamber at this time. Councilman Cato moved, seconded by Councilman McKinney, to reopen the Public Hearing on PZ 74-17. The motion carried by a vote of 7-0. Page 11 April 22, 1974 Mr. Jerry Birdwell, 3921 Flory Street, stated he was requesting the zoning change at 3920 Rufe Snow. He has some empty office space and work area that needs to be zoned commercial. There being no opposition, Mayor Faram declared the Public Hearing closed. Councilman McKinney moved, seconded by Councilwoman Goodnight, to approve Ordinance No. 531. The motion carried by a vote of 7-0. PLANNING & ZONING PZ 74-14 ORDINANCE NO. 532 PZ 74-14, Request of Hamm & Sandlin to rezone 0.86 acres out of the London G. Walker Survey from Local Retail to Commercial Mayor Faram returned to the Hamm and Sandlin case, PZ 74-14, Ordinance No. 532. Mr. Fox was asked if he would agree to the covenant stipulating that no equipment -be placed in the triangle at 121 and Harwood and that a stockade type fence be erected. Mr. Fox stated that this was agreeable. Mr. Pope was asked if he would withdraw the petition based on the agreement which had been worked out. Mr. Pope stated that he had only one client left with him at this time and he felt he didn't have the authority to withdraw. He felt he needed time to acquire their permission. Councilman Ellis moved, seconded by Councilman McKinney, to table PZ 74-14 until May 13, 1974. The motion carried by a vote of 5-2. Councilmen McKinney, Ellis, Conant, Lamond and Cato for; Councilwoman Goodnight and Councilman Newman against. ITEM ADDED TO AGENDA Councilman Newman moved, seconded by Councilman Cato, to add hiring a rate analyst to the agenda. The motion carried by a vote of 7-0. Page 12 April 22, 1974 RATE ANALYST Councilman Newman moved, seconded by Councilman McKinney, to hire Mr. McMorries, of Amarillo as a analyst to study Texas Electric Service Company's rate increase. The motion failed by a vote of 3-4; Councilmen McKinney, Cato and Newman for; Councilmen Lamond, Ellis, Conant and Councilwoman Goodnight against. CITIZEN'S PRESENTATION Mr. William Bell 6825 Meadow Creek Road Mr. Bell came before the Council to object to some surplus dirt being placed near the drainage ditch on his neighbors property. Mr. Bell was assured that the dirt was not interfering with the run off of water in the drainage ditch. He was advised that he had a civil matter and not one that the City had any control over. CITIZEN'S PRESENTATION Mr. Childress 6732 Corona Mr. Childress stated he was pleased with the new sewer line the City had put in; however, a man hole cover on the storm drain at the end of Jeantta stays off most of the time. He asked that we lock the lid on. He was assured that the City would attend to this matter. CITIZEN'S PRESENTATION Mr. Tim Truman City Attorney Mr. Truman requested permission to attend a seminar at SMU sponsored by the Municipal Law Studies. The seminar is for 3 days at a cost of $125.00 and will center on local government problems. Councilman Cato moved, seconded by Councilman Newman, to approve the City Attorney attending the seminar in May at SMU with the funds coming from the Legal Fees account. The motion carried by a vote of 7-0. ADJOURNMENT ATTEST: t~o4u~ CITY SECRETARY - ANNA LEE CA DRY Page 13 April 22, 1974 There being no further items for consideration, Mayor Faram declared the City Council meeting adjourned. ~~ MA¥ R - DICK FARAM