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HomeMy WebLinkAboutCC 1974-05-13 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, MAY 13, 1974 AT 7:30 PM. CALL TO ORDER ROLL CALL Mayor Dick Faram called the regularly scheduled City Council meeting to order at 7:35 p.m., May 13,1974. PRESENT: Mayor Mayor Pro Tern Councilmen Dick Faram Norman Ellis Lloyd McKinney George Conant, Jr. John Lamond J. F. "Jim" Cato JoAn Goodnight Councilwoman ABSENT: Councilman Tom E. Newman CITY STAFF PRESENT: City Manager Ci ty Secretary City Attorney City Engi neer Traffi c Safety Coordinator Gene Riddle Anna Lee Caudry Tim Truman Dick Perkins Henry Power, Jr. INVOCATION APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING The invocation was given by Mr. Calvin Luper. Regular City Council Meeting - April 22, 1974 Councilman Conant moved, seconded by Councilwoman Goodnight, to approve the minutes with the following corrections: APPROVAL OF MINUTES On page 8 insert "Goodnight" after Councilwoman in the first paragraph; on page 3 change Mr. C. R. Kellow to R. C. Kellow; and check the tapes to be sure the negative votes cast by Councilman Newman are correct. The motion carried by a vote of 6-0. Special City Council Meeting - May 6, 1974 Councilman Ellis moved, seconded by Councilman Conant, to approve the minutes of the Special City Council meeting as written. The motion carried by a vote of 4-0 with Councilman McKinney and Councilwoman Goodnight abstaining due to absence from the meeting. Page 2 May 13, 1974 RESOLUTION 74-6 Consideration of Resolution Canvassing the Run-Off Election Mayor Faram read Resolution 74-6 which contained the results of the Run-Off Election. The following results were canvassed. Candidates Office Total James T. Wood, Jr. Councilman 193 Lloyd McKinney Place One 114 Write In Candidate Walter Smith Councilman Place One 1 Mr. James T. Wood, Jr. was declared duly elected to Councilman Place One. OATH OF OFFICE Councilman Ellis moved, seconded by Councilman Lamond, to approve Resolution 74-6. The motion carried by a vote of 6-0. The City Attorney, Tim Truman, gave the following oath of office to Mr. Wood. "I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of City Councilman 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 Faram presented Lloyd McKinney with a plaque expressing the City's appreciation for his dedicated service. RECESS A five minute ~ecess was called at this time. Page 3 May 13, 1974 CALL TO ORDER The following Council members were present when the meeting was called back to order: Councilmen Wood, Ellis, Conant, Lamond, Cato: Mayor Faram and Councilwoman Goodnight. CITIZEN'S PRESENTATION C. Lawrence Barnett, P. O. Box 13157 Re: Smithfield Road Paving Project Mr. Barnett presented petitions signed by 313 individuals which stated, II I, the undersigned, am concerned about the safety of the children of Smithfield Elementary School and the current conditions of the street construction project on Smithfield Road. I hereby request that the Mayor and City Council of North Richland Hills advise the City Manager to commence immediate and appropriate action for relief. II Mr. Barnett stated the road was dangerous due to the laying of utilities such as water, gas and sewer lines. He further stated that large holes had been left in the street which were dangerous to cars and that some holes approximately 4-6 feet deep had been left beside the road. He would like the road leveled and gravel put down especially in front of Smithfield Elementary school. Mr. Marvin Smith also appeared before the Council to request that the dirt stockpiled beside the road be moved and that the holes in the road which are 8 to 10 inches deep be filed in. Mayor Faram advised Mr. Barnett that the Council was aware of the inconvience caused by the improvements being made on Keller - Smithfield Road and also stated that the recent rain had definitely caused some additional problems. The Mayor instructed the City Manager to make certain that appropriate warning signs were placed on Keller Smithfield Road and to have the 4-6 foot holes filled. Page 4 May 13, 1974 AUTHORIZATION TO SIGN TESCO AGREEMENT Consideration of Authorization for the Mayor to Sign an Agreement with Texas Electric Service Company for the City to Construct a 21 inch Sanitary Sewer Line on TESCO Property Councilwoman Goodnight moved, seconded by Councilman Ellis, to authorize the Mayor to sign an agreement with Texas Electric Service Company so that the City may construct a 21 inch sanitary sewer line on TESCO property. The motion carried by a vote of 6-0. CHARTER AMENDMENT ELECTION Consideration of An Ordinance Calling for an Election on Proposed Charter Amendments Councilman Conant moved, seconded by Councilwoman Goodnight, to postpone until May 20 the Ordinance calling for an election on proposed Charter Amendments. Councilman Conant stated that the new members of the Council have not had an opportunity to study the Civil Service section and a week's delay would give them time for further study. APPOINTMENTS The motion carried by a vote of 5-1. Councilmen Wood, Ellis, Conant, Lamond and Councilwoman Goodnight for; Councilman Cato against. Consideration of Appointments for the Library Commission, the Board of Adjustments, and the Planning and Zoning Commission Council man Cato moved, seconded by Council man Conant, to postpone action on the Planning and Zoning Commission until the next regular meeting, June 24, 1974. The motion carried by a vote of 6-0. Councilwoman Goodnight moved, seconded by by Councilman Ellis, to reappoint Dr. E. K. Hahn, Mr. Jay Jones, and Mr. Jack Roseberry to the Zoning Board of Adjustment for two year terms to expire May 1, 1976. The motion carried by a vote of 6-0. Page 5 May 13, 1974 Councilman Ellis reported the Library Commission requested the appointment of Mrs. Alliene Mullendore to fill the vacancy and the reappointment of members with expiring terms. Councilman Ellis moved, seconded by Councilman Conant, to appoint Mrs. Alliene Mullendore to fill the vacancy and to reappoint Mrs. Marvin Myers, Dr. Andrew Kulaga and Rev. Don Hazlewood to the Library Commission. The motion carried by a vote of 6-0. COG VOTING REPRESENTATIVE Consideration of Appointment of Council Member as Official NCTCOG voting Representative Mayor Faram announced that Councilman Newman had requested that he be replaced as the NCTCOG voting representative and requested consideration of a replacement. After discussion Councilman Ellis moved, seconded by Councilman Conant, to table this item until June 24, 1974. The motion carried by a vote of 6-0. COLLECTIVE BARGAINING PETITIONS Consideration of Collective Bargaining Petition and Calling an Election After discussion of the City Attorney's letter and the City Secretary's memo, Councilman Cato moved, seconded by Councilwoman Goodnight, to respectfully decline the petitions and to furnish the Fire Fighters Association with copies of the memo. The motion carried by a vote of 6-0. Consideration of Granting an Appeal Hearing for Stop N Go for a Specific Use Sale of Beer for Off-Premise Consumption Mr. Dwayne Wilcox, Attorney for Stop N Go, appeared to request that the Council grant an appeal hearing for Stop N Go for a Specific Use - Sale of Beer for Off-Premise Consumption. The Zoning was denied by the Planning and Zoning Commission because of a Youth Club which was operating in the same building. GRANTING APPEAL HEARING Page 6 May 13, 1974 The Youth Club is no longer there; therefore Stop N Go would like an appeal hearing. Mr. Charles Palachek, member of the Planning and Zoning Commission, read the minutes of the Planning and Zonning meeting when the request was denied. A discussion ensued on the distance from the store to the church. Mr. Wilcox stated he was not asking the Council to grant the zoning at this time; he was only asking for the right to be heard at a future Council meeting. RECESS A five minute recess was called at this time. Mayor Faram called the meeting back to order. Let the record show the same Council members were present. Councilwoman Goodnight moved, seconded by Councilman Wood, to grant an appeal hearing to Stop N Go on June 24, 1974. The motion carried by a vote of 6-0. Mr. R. C. Kellow Re: Ambulance Service CITIZEN'S PRESENTATION Mr. R. C. Kellow apologized to the Council for acting in great haste the last time he appeared before the Council. He referred the Council to the written proposal submitted by Mid Cities Ambulance Service. Mr. Kellow explained that ambulance service is more than transportation; it can save human lives with new procedures which are simple but expensive. The estimated operating expenses for 1974 are $105,770 and the subsidies asked for from Hurst, Bedford and North Richland Hills total $86,000. Mr. Kellow stated that they have about 55% collection rate. All emergency calls are $32.50 per call, transported to area hospitals. Transfer calls are collected in advance and are based on milage. They do not transport emergency patients to the Fort Worth hospitals. Mr. Kellow stated that 60% of the equipment is expended every year. Page 7 May 13, 1974 In response to a question Mr. Kellow stated that if they charged true expense per call, they would price themselves out of the market. Mr. Kellow said that if the Council wanted additional time to study the proposal with the other two cities, Mid Cities would request a $50.00 a day subsidy for 30 days. SEWER RATE INCREASE After much discussion, Councilman Wood moved, seconded by Councilwoman Goodnight, to approve a $50.00 a day subsidy for 30 days for Mid Cities Ambulance. The motion failed by a vote of 2 to 4. Councilman Wood and Councilwoman Goodnight voting for; Councilmen Ellis, Conant, Lamond and Cato against. Consideration of Fort Worth Sewer Rate Increase The City Engineer, Dick Perkins, presenteA the Fort Worth Sewer Rate proposal to the Council. Fort Worth is requesting an amendment to the present contract which would allow for annual rate adjustments instead of the 5 year adjustments which are currently allowed. One main reason for the change is the require- ments of EPA. The enviornmental controls which are being required by federal agencies are extremely expensive. If Fort Worth must anticipate rates for the next five years, it is very possible North Richland Hills would be paying a higher rate than would be necessary if the Council allows one year rate adjustments. Mr. Perkins stated he had not made a detailed study of the rate schedule for North Richland Hills' customers because he needed to know if the one year adjustment would be acceptable to the Council. Fort Worth applied the charges to overall sewer treatment by gallons; therefore all customers in the service area should be affected equally. Councilman Ellis moved, seconded by Councilman Lamond, to table consideration of the sewer rate increase until further information concerning customers' increases can be supplied by the Engineer. The motion carried by a vote of 6-0. Page 8 May 13, 1974 LITTLE BEAR CREEK SEWER LINE Consideration for City to Participate in Little Bear Creek Sewer Line The City Engineer, Mr. Perkins, requested authorization for the Mayor to sign a letter to the Trinity River Authority stating North Richland Hills willingness to participate in the Little Bear Creek sewer line at a cost of $100,000. Mr. Perkins stated the following cities were being asked to contribute these amounts: Ke 11 e r Colleyville Bedford Euless Trinity River Authority North Richland Hills 800,000 300,000 50,000 50,000 500,000 100 ,000 If this line is built, the entire city would have sewer available. The City Manager stated he felt he could obtain $100,000 from developers to cover the cost. The entire engineering would be done by TRA and therefore the City would probable not have any costs for 15 months. Councilwoman Goodnight moved, seconded by Councilman Ellis, to approve the City's participation in the Little Bear Creek sewer line. Councilman Cato moved to amend the motion to limit North Richland Hills costs to $100,000 and Councilman Ellis seconded. The motion to amend carried by a vote carried by a vote of 6-0. The main motion carried by a vote of 6-0. WALKER OUTFALL Consideration of Encasing Sewer Line in Wal ker Outfall Mr. Perkins, the City Engineer, explained the problem of the Doerings' with the drainage ditch at the back of their property. The City does not have an easement and the Doerings' can do anything they choose. Page 9 May 13, 1974 However, they requested our recommendations. The sewer lines in this channel have washed out and the engineers feel the lines should be encased. Mr. Shaw, who has this present contract on Watercourse Wla, has bid $4,887.50 to encase both lines. Councilman Cato moved, seconded by Councilman Conant, to accept the bid of $4,887.50 to encase both lines. The motion carried by a vote of 6-0. APPROVAL OF PAYMENT Approval of Payment to Crookham & Vessels, Inc., in the Amount of $64,457.31 for Estimate #5, Job 3-512, Walker Branch Outfall Sewer Line Councilman Conant moved, seconded by Councilman Ellis, to pay Crookham & Vessels, Inc., $64,457.31 for Estimate #5, Job 3-512. The motion carried by a vote of 6-0. APPROVAL OF PAYMENT Approval of Payment to Elm Fork Construction Co. in the Amount of $75,189.52 for Estimate #3, Job 3-511, Water System Improvements, Starnes Road and Amundson Road Councilwoman Goodnight moved, seconded by Councilman Ellis, to pay Elm Fork Construction $75,189.52 for Estimate #3, Job 3-511. Councilman Lamond asked why the contract was over the bid days. Mr. Perkins stated that Elm Fork had been given a time extension due to some problems that were beyond their control. The motion to pay Elm Fork was approved 6-0. APPROVAL OF PAYMENT Approval of Payment to L. D. Canaster in the Amount of $57,740.39, Job 3-515, Big Fossil Creek Outfall Sewer Line Councilman Ellis moved, seconded by Councilwoman Goodnight, to pay L. D. Canaster $57,740.39 on Estimate #2, Job 3-515. The motion carried by a vote of 6-0. Page 10 May 13, 1974 APPROVAL OF PAYMENT Approval of Payment to E. H. Shaw, General Contractor, in the amount of $29,539.08, Job #3-209, Watercourse Wlm Colorado Blvd. Storm Drain Councilman Conant moved, seconded by Councilman Ellis, to approve payment to E. H. Shaw, General Contractor, of $29,539.08 for Estimate #2, Job 3-209. The motion carried by a vote 6-0. PZ 74-14 ORDINANCE 532 Consideration of PZ 74-14, Ordinance 532, Rezoning the Corner of Harwood Road & 121 from Local Retail to Commercial, tabled at April 22, 1974 meeting. Mr. Calvin Luper, 5009 Eldorado, represented the property owners in requesting the approval of commercial zoning at the intersection of Harwood Road and Highway 121. Mr. Luper showed the Council the revised plat which had been changed at the request of surrounding property owners. The building has been moved forward and the fencing also moved forward. No rental vehicles will be parked in front of the building. Mr. Frank Pope, an attorney representing the opposing property owners, was asked if the petition had been withdrawn. He stated only one person withdrew his name, Dr. Jennings. All other petitioners are opposed and concerned with driveway openings. Councilman Lamond moved, seconded by Councilman Ellis, to approve Ordinance 532 with the covenant as agreed by our Attorney and the property owners. The motion carried 4-2. Councilmen Ellis, Conant, Lamond and Cato for; Councilman Wood and Councilwoman Goodnight against. Mrs. Alice Nunley objected to the vote being taken without all present being allowed to state their views. Mayor Faram explained the Public Hearing had been held at the previous Council meeting and it was not intended that this be a full hearing. Page 11 May 13, 1974 MOTION TO RECONSIDER Councilman Cato moved, seconded by Councilman Wood to reconsider PZ 74-14. The motion carried by a vote of 6-0. Councilman Cato moved, seconded by Councilman Conant to hold a public hearing on PZ 74-14. The motion carried by a vote of 6-0. PUBLIC HEARING PZ 74-14 Mayor Faram declared the public hearing on PZ 74-14 open and asked all wishing to speak for to please come forward. Mr. Calvin Luper again presented the case for the owners. He stated they had attempted to do everything the opposing property owners requested. Mayor Faram requested those opposed to PZ 74-14 to please come forward. Mrs. Al Pugh, 5140 Jennings Drive, stated that her home is very close and the traffic that will be generated is of concern to her. She feels the heavy equipment that will be coming and going will create a traffic hazard. Mrs. Alice Nunley, 5145 Jennings Drive, stated that she is opposed to the rezoning because of the rental business that will occupy this location. The traffic will create a hazard. Mrs. Nunley can not think of any other business she would be opposed to. She quoted some traffic figures from the State Highway Department. Mr. Claude Nunley, 5145 Jennings Drive, stated he was opposed to the rezoning because it would lower the value of the residential property. Mr. Al Pugh, 5140 Jennings Drive, also stated that the chance the commercial zoning might lower the value of his property made it objectionable to him. Mr. Allen Chaffin, 5144 Jennings Drive, stated that he was the one legal name left on the petition because of his location. He said Dr. Jennings, who removed his name from the petition, doesn't live there so it is not as Page 12 May 13, 1974 important to him. Mr. Chaffin has looked at the ARA location in Hurst and he doesn't want it here. Mayor Faram recognized Mr. Allen Hamm, one of the property owners, who requested rebuttal time. Mr. Hamm stated that no new information had been presented and all of these had been dealt with in Planning and Zoning. He added that a number of uses in Local Retail were more objectional than the proposed use. He also stated that Harwood and Highway 121 were major thoroughfares and this was where we wanted the traffic in North Richland Hills. Mr. Bob Darvin, representing Mr. Bill Lindsey, stated that in the beginning Mr. Lindsey had been opposed but had changed his mind because of the owners and proposed owners ability to change their plans to accomodate the objections. Mr. Lindsey is not opposed. Councilman Ellis read a letter from Dr. Jennings which stated that Dr. Jennings is not opposed; in fact, he now favors the rezoning. Mayor Faram closed the public hearing. Councilwoman Goodnight moved, seconded by Councilman Lamond, to approve PZ 74-14, Ordinance No. 532 with the covenant as presented. The motion carried by a vote of 4-2. Councilmen Ellis, Conant, Lamond and Councilwoman Goodnight for; Councilmen Wood and Cato against. VACATING SHERIDAN ROAD ORDINANCE 533 Consideration of Ordinance Vacating Sheridan Road Councilman Cato moved, seconded by Councilman Conant, to approve Ordinance 533, vacating Sheridan Road. The motion carried by a vote of 6-0. AMENDMENT TO TAXICAB ORDINANCE ORDINANCE 534 Consideration of Ordinance Amending Taxicab Ordinance Councilman Cato moved, seconded by Councilwoman Goodnight, to approve Ordinance 534 which PLANNING & ZONING PS 74-9 PLANNING & ZONING PZ 74-18, ORDINANCE NO. 535 Page 13 May 13, 1974 amends Ordinance No. 517 and allows for self insurance. The motion carried by a vote of 6-0. PS 74-9, Request of W. H. Parchman to revise North 257.2 feet of Lot 17, Parchman Addition Councilwoman Goodnight moved, seconded by Councilman Ellis, to approve PS 74-9, the revision of Lot 17, Parchman Addition. The motion carried by a vote of 6-0. PZ 74-18, Request of Blydan Restaurants, Inc. to rezone a one acre tract of land out of Block "F", Richland Oaks Addition from Local Retail to Local Retail Specific Use Sale of Mixed Beverages Mayor Faram declared the Public Hearing open and requested those wishing to speak for to please come forward. Mr. Bob Atkins presented the request of Blydan Restaurants, Inc., to grant a specific use sale of mixed beverages permit. Mr. Atkins stated they were planning to build a $250,000 restaurant serving mainly steaks and they would like to have mixed drinks and wine. There will be a bar area, a gift shop and a small stage for a singing waiter. This request was passed unanimously by the Planning and Zoning Commission and all changes requested at that meeting have been made. The restaurant will have a western design. Mayor Faram requested those opposed to please come forward. Mrs. D. S. Byrd, 8320 Dude Court, objected to the rezoning. She feels it will be nothing more than a "high class honky-tonk". It will be disturbing to the neighborhood to have people coming and going until 12 midnight. She said that Tex Berry, Wayne Mashburn and Bill and Helen Hatcher could not attend and requested that she voice their opposition also. She is not against a good restaurant but does object to the mixed drinks. Page 14 May· 13, 1974 Mr. Al Stanford, 5101 Pearl Drive, voiced his objection because of the mulititude of children in the area and he doesn't think children should be exposed to liquor. Mrs. Joan Coslett, 5113 Pearl Drive, stated that her bedroom will be right beside the parking lot and she feels that her privacy wi 11 be gone. Mrs. L. D. Parvin, Jr., 5121 Pearl Drive, stated the more she thought about it, the more she objected. She feels her privacy is being invaded by the late hours. She has been through fire and floods and now 1 iquor. Mr. Lowry Davidson, Attorney for Blydan Restaurant, asked for rebuttal time. He stated that the restaurant was owned by local people, that a $250,000 investment would make a nice restaurant and that the property was already zoned local retail and that a Jack In The Box would generate more traffic. They had rearranged the site plan so that the only entrance would be on Grapevine Highway. He stated that drinking was a moral issue and a personal choice but that it was legal in this area. The State Liquor Control Board was very strict and counted bottles and that your liquor sales must total. Mr. Davidson was asked what action his client would take if six months from now the area was voted dry. He replied they would put in a private club or move out. Councilman Conant moved, seconded by Council- woman Goodnight, to approve PZ 74-18, Ordinance No. 535. The City Attorney was asked what grounds could be used for rejecting the application. Mr. Truman stated that health, safety and general welfare were the only grounds for rejecting and that general welfare would be very difficult to defend. The motion carried by a vote of 6-0. A five minute recess was called at this time. PLANNING & ZONING PZ 74-19, ORDINANCE NO. 536 PLANNING & ZONING PZ 74-20, ORDINANCE NO. 537 PLANNING & ZONING PZ 74-21, ORDINANCE 538 Page 15 May 13, 1974 PZ 74-19, Request of Charles Owen and Oscar Oggier to rezone 24.39 acres of the T. K. Martin Survey from Agriculture to Industrial Mayor Faram declared the public hearing open and asked those wishing to speak for to please come forward. Mr. Charles Owen, owner of the property, presented the request to rezone 24.39 acres of the T. K. Martin Survey to Industria]. Mr. Owen showed maps and explained the proposed development of the land surrounding Mangham Airport. There being none opposed, Mayor Faram declared the public hearing closed. After discussion, Councilwoman Goodnight moved, seconded by Councilman Ellis, to approve PZ 74-19, Ordinance 536. The motion carried by a vote of 6-0. PZ 74-20, Request of Davis Realty to rezone 3.008 acres of the J. H. Barlough Survey, Abstract 130 from Agriculture to Local Retail Mayor Faram declared the public hearing open and asked those wishing to speak for to please come forward. Mr. Doug Long, represented Davis Realty, in requesting the change to Local Retail on 3 acres of land from the J. H. Barlough Survey. There being none opposed, Mayor Faram declared the public hearing closed. After discussion, Councilman Ellis moved, seconded by Councilman Conant, to approve PZ 74-20, Ordinance 537. The motion carried by a vote of 6-0. PZ 74-21, Request of Davis Realty to rezone 13.058 acres of the J. H. Barlough Survey, Abstract 130, from Agriculture to Commercial Mayor Faram opened the public hearing on CITIZEN'S PRESENTATION ADJOURNMENT ATTEST: ~~~ City Secretary - Anna Lee C udry Page 16 May 13, 1974 PZ 74-21 and requested all those wishing to speak for to please come forward. Mr. Doug Long represented Davis Realty in requesting that 13 acres be rezoned Commercial. At the present time there has not been a plan developed for this property because it is economically unfeasible to do. The engineering on this amount of land is very expensive and if the zoning is granted, then a plan will be developed. Councilman Lamond moved, seconded by Councilman Wood, to approve PZ 74-21, Ordinance 538. The motion carried by a vote of 6-0. None Councilman Cato moved, seconded by Councilman Ellis, to adjourn the Council meeting at 12:45 a.m., on May 14, 1974. The motion carried by a vote of 6-0.