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HomeMy WebLinkAboutCC 1974-06-24 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, MONDAY, JUNE 24, 1974 - 7:30 P.M. CALL TO ORDER Mayor Dick Faram called the regular City Council meeting to order at 7:30 p.m. ROLL CALL PRESENT: Mayor Mayor Pro Tern Councilmen STAFF PRESENT: City Manager Secretary Ci ty Attorney ABSENT: Councilwoman Ci ty Secretary City Engineer INVOCATION Dick Faram Norman Ellis James T. Wood George Conànt, Jr. John Lamond Tom E. Newman James F. Cato M. E. Riddle Jeanette Moore Tim Truman JoAn Goodnight Anna Lee Caudry Dick Perkins The invocation at this regularly scheduled Council meeting was given by Councilman Ellis. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING Regular City Council Meeting - May 13, ,1974 Councilman Ellis moved, seconded by Councilman Cato, to approve the minutes as presented. The motion carried by a vote of 5-0; Councilman Newman abstaining due to absence from this meeting. APPROVAL OF MINUTES Special City Council Meeting - May 20, 1974 Councilman Conant moved, seconded by Councilman Wood, to approve the minutes as presented. The motion carried by a vote of 5-0; Councilman Newman abstaining due to absence from this meeting. The City Engineer was present at this time. APPROVAL OF PORTABLE BUILDING Consideration of Approval for Birdville Independent School District to Construct a Portable Building at Holiday Heights School Mr. Ward Anderson, Director of Building for Birdville School District, appeared before the CITIZEN'S PRESENTATION CITIZEN'S PRESENTATION APPEAL HEARING PZ 74-5 Page 2 June 24, 1974 Council requesting permission to construct a portable building at Holiday Heights School. Mr. Anderson advised the Council that they had the same type buildings at several of the schools in the area. Councilman Cato inquired as to how long they might need the building. Mr. Anderson said that a new Junior High was beirig b~ilt in the Smithfield area and when it was finished they probably would not need it. Councilman Ellis moved, seconded by Councilman Lamond, to approve the construction of a portable building at Holiday Heights School. The motion carried by a vote of 6-0. Mr. Charles W. Bunger Re: Newspaper Article on Taxes Mr. Bunger was not present. The City Manager informed the Council that the City had received a letter from Mr. Bunger requesting to be placed on the July 8, 1974 agenda. Mrs. Charles McKenzie, 4517 Vance Road Re: Request for Variance from Brick Ordinance Mrs. McKenzie was not present at this time. Mayor Faram passed over this item until later on the agenda in case Mrs. McKenzie came in later. Appeal Hearing for Stop N Go, Requesting Local Retail Specific Use - Sale of Beer for Off- Premises Consumption Mayor Faram declared the Public Hearing open and called for all those wishing to speak for this case to please come forward. Mr. Dawyne Wilcox, attorney representing Stop N Go, appeared before the Council requesting approval of this request. Mr. Wilcox stated that in February of 1974, the Planning and Zoning Commission denied this request because of a Teen Club in the building adjoining Stop N Go. The Club is no longer there. Mr. Wilcox also stated they had met all requirements of the State and City Ordinance. The only reason Page 3 June 24, 1974 the Planning and Zoning Commission gave for denying this case was because of the Teen Club; since it is no longer there, he asks that the request be granted. Mayor Faram called for those wishing to speak against this case to please come forward. Rev. Don Hazlewood, Pastor of Davis Memorial Methodist Church, appeared before the Council stating he was very much opposed to this zoning request. He stated this was the third time he appeared on this issue. He said the traffic on Davis is increasing and a number of accidents had happened in the area of Stop N Go. It is also a school crossing. Behind Stop N Go is a large parking lot and a congregating place for young people. He stated that lately he had noticed a lot of beer cans on this lot. Rev. Hazlewood stated that this alone was a nuisance and was a legal reason for denial. He also informed the Council that a friend of his and an attorney, advised him that Texas Municipal League had assured him that the distance requirements is the minimum standard set down. A Municipality can designate their own distance requirements. Upon application from the City TML will furnish an Ordinance with the legal wording on what the City wants. Rev. Hazlewood asked that the Council please not pass this request. Council Ellis asked for verification from the City Attorney concerning the minimum distance statement. The City Attorney advised he disagreed with the statement and stated the State eliminated the sale of alcoholic beverages, leaving the City two narrow areas, zoning regulations and the hours when it can be sold. If you want to pass an ordinance that has more than the minimum standards and seek to enforce it, that would be the law until challenged and over turned in court. Mayor Faram asked the City Attorney to write TML concerning this matter. Mr. Gary Hutsell, 7213 Jeanetta, appeared before the Council stating that he was also against this request and asked the Council to at least table this request until the Ordinance could be checked. * to specify 500 feet from door to door GRANT APPEAL HEARING PZ 74-32 Page 4 June 24, 1974 Mrs. Wayne Cox, 5420 Randle Drive, appeared before the Council against this Zoning request. She stated her main concern was the children in the area. The school is only about 3~ blocks from Stop N Go. The traffic is already heavy in and around the school. Mrs. Cox stated she thought it would create a traffic hazard. Mr. Wilcox reappeared before the Council and stated that beer cans did not constitute a health hazard and there was parking lots allover town. Mr. Wilcox stated that Lt. Williams of our Police Department had told him that he did not think it would cause a traffic problem. Mr. Wilcox stated there was a number of convenient stores on Davis and they had been granted a permit. There being no one else present to speak for or against this request, Mayor Faram closed the public hearing. Councilman Cato stated that there was some doubt on the way the State measured. He thought it should be measured from major entrance to major entrance in a strignt line. Councilman Cato moved, seconded by Councilman Newman, to table PZ 74-5, request of Stop N Go for Specific Use Permit, until July 22, 1974 Council meeting. The motion carried by a vote of 4-2; Councilmen Ellis, Conant, Cato and Newman voting for; Councilmen Wood and Lamond against. Councilman Cato instructed the City Attorney that after varification from TML on the ability to determine the Citys' own method of measurement, *the City Attorney rewrite Ordinance No. 490. Consideration of Granting an Appeal Hearing for Wayne Richardson, Central Park Addition, Requesting Local Retail instead of 2F-9 Mr. Wayne Richardson appeared before the Council requesting approval of this request. Mr. Richardson stated that the Planning and Zoning Commission was not clear on what he was asking for and made a mistake on denying this request. After discussion, Councilman Cato moved, seconded by Councilman Conant, to grant an appeal hearing Page 5 June 24, 1974 to Wayne Richardson, PZ 74-32, July 22, 1974 Council meeting. The motion carried by a vote of 6-0. APPEAL HEARING PZ 74-34 Consideration of Granting an Appeal Hearing for O.D.S. Construction Company, Inc., Requesting Neighborhood Retail Specific Use Office and Garage Mr. Tom Cave, attorney, represented Mr. Stewart, President of O.D.S. Construction Company. Mr. Cave informed the Council that Mr. Stewart had built the housing addition in which this property was located. This one house was not sold because all the property around it had been zoned Commercial. Mr. Stewart went before the Planning and Zonning Commission and the Council and applied for a zoning variance to convert the residence at 7916 Maplewood in to an office for O.D.S. Construction Company. On March 18, 1974, he was granted a building permit to build a garage and storage building behind the office. On March 24, 1974, 40% of the building was complete. On that date the City Manager requested him to stop construction and go back before the Planning and Zoning Commission and make application for a garage. The Planning and Zoning Commission denied the request. Mr. Stewart will extend the existing 6 foot fence to 10 feet and asphalt the back yard for parking and work with our Police Department to put up no parking signs. Councilman Cato asked Mr. Cave if he was familar with our Zoning Ordinance. Mr. Cave replied relatively so. Councilman Cato asked Mr. Cave if he knew that the plot plan becomes a part of the Ordinance. Councilman Cato asked Mr. Cave if he was requesting a change in the original plan or an amendment to add the garage to the existing plot plan which was presented in the original request. Mr. Cave replied that there would be no change in the building being used as a office. Councilman Cato moved, seconded by Councilman Newman, to grant O.D.S. Construction Company an appeal hearing July 22, 1974, City Council meeting. Councilman Ellis asked Mr. Cave if it was under his instructions that Mr. Stewart continued Page 6 June 24, 1974 building even though he had been told to stop. Mr. Cave replied that he did. Councilman Ellis asked why. Mr. Cave replied that the Zoning Ordinance as it applies to this piece of land is void. Mayor Faram asked if this is so, why are you asking for an appeal hearing. Mr. Cave replied to go through the procedues so we don't have to go any further. Mayor Faram reminded the Council that the City was in litigation with Mr. Stewart. The motion to grant O.D.S. Construction Company an appeal hearing July 22, 1974, Council meeting carried by a vote of 6-0. PERSONNEL ACTION Consideration of Personnel Action Bob Harvey, 7774 College Circle, appeared before the Council to request an inquiry concerning his dismissal from the Fire Department. Councilman Ellis moved, seconded by Councilman Cato, to hold an inquiry hearing on July 15, 1974, 7:30 p.m., at the City Hall, in closed session. The motion carried by a vote of 6-0. PLANNING & ZONING PZ 74-15 PZ 74-15, Request of Rita Moore to rezone Lot 9, Block 31, Nor'East Addition from 1F-9 One Family Dwelling to Local Retail Mayor Faram declared the public hearing on PZ 74-15 and called for those wishing to speak for this case to please come forward. Neal Adams, an attorney, represented Rita Moore in requesting this zoning. Mr. Admas stated that Mrs. Moore wanted to put a beauty shop in her garage. He also stated that he had appeared twice before the Planning and Zoning Commission for Mrs. Moore. The first time in April and no desision was made. They withheld their decision saying if we could get the nine owners facing Davis to join us in our request for changing from 1F-9 to Local Retail, they would consider our request and application. On May 23, 1974, our request along with the other nine was approved, with the stipulation that a 6 foot screening fence be built behind the houses. Mr. Adams informed the Council that Mrs. Moore knew she would have to go before the Board of Adjustment in order to live in the house and have a beauty shop in the garage. Page 7 June 24, 1974 Councilman Cato asked Mr. Adams if he was aware of a deed restriction on the property. Mr. Adams replied that the deed restriction should not be considered, only the zoning. Councilman Wood inquired as to where the people were going to park. Mr. Adams told the Council that there was already a two lane drive and it could be made larger by taking in part of the yard. Mayor Faram called for those wishing to speak against this request to please come forward. Mr. Charles Renfro, 5421 Randol Drive, appeared before the Council in opposition of the case. Mr. Renfro stated he was very much against rezoning. He felt that if the zoning was approved that within one year it would become a slum area. There is no room for parking and he felt the only reason these people bought these houses was to make a fast dollar. He also presented a petition against this rezoning. Mrs. Wayne Cox, 5420 Randol Drive, appeared before the Council in opposition of this case. She stated there was no limit to what type of business that could be put in. She said there was already a dress shop operating in one of the houses. One was planning to put in a restaurant and there was no parking facilities. Mayor Faram declared the public hearing closed. Councilman Newman moved, seconded by Councilman Wood, to deny PZ 74-15, the motion carried by a vote of 6-0. PLANNING & ZONING PZ 74-23 PZ 74-23, Request of Thomas Carr to rezone Lot 6, Block 33, Nor'East Addition from 1F-9 One Family Dwelling to Local Retail Mayor Faram declared the public hearing on PZ 74-23 open and called for those wishing to speak for this case to please come forward. Thomas Carr, 5409 Davis Blvd., appeared before the Council reques ti ng approval of th is case. Mr. Carr told the Council he wanted his house rezoned to Local Retail. Councilman Cato asked Mr. Carr how long he had lived there and was he aware of the deed restriction. * The following Councilmen were present when the meeting was call back to order, Councilmen Ellis, Wood, Conant, Lamond, Cato and Newman. The following staff was present, City Manager, Secretary, City Attorney and City Engineer RECESS PLANNING & ZONING PZ 74-25 Page 8 June 24, 1974 Mr. Carr replied he bought the property about a year ago and he was not aware of the deed restriction. City Manager Riddle asked Mr. Carr if he was conducting business at the present time. Mr. Carr said he only had lay-away orders from his old location. Mr. Carr stated the nine property owners on Davis joined together in requesting the rezoning at the request of the Planning and Zoning Commission. Mayor Faram called for those wishing to speak against this case to please come forward. Mr. Charles Renfro, 5421 Randol Drive appeared before the Council in opposition of this case. Mr. Renfro said he ojected to this rezoning also. He said Mr. Carr was conducting business and showed the Council an ad that appeared in the Star Telegram pertaining to Mr. Carris business. Mrs. Lewis Haynes, 5416 Randol Drive, appeared before the Council objecting to this rezoning case because she did not want a business next to her home. Mayor Faram declared the public hearing closed. Mayor Faram advised the Council that he had a legal petition and must require 3/4 vote of the Council to pass. Councilman Ellis moved to table the remainder of these cases until further study could be made. The motion died for the lack of a second. Councilman Newman moved, seconded by Councilman Lamond, to deny PZ 74-23. The motion carried by a vote of 6-0. A minute recess was called at this time. * Mayor Faram called the meeting back to order and all Councilmen and Staff were present. PZ 74-25, Request of John McNary, Inc., to rezone Lot 7, Block 33, Nor'East Addition from 1F-9 One Family Dwelling to Local Retail Mayor Faram declared the public hearing on Page 9 June 24, 1974 PZ 74-25 open and called for those wishing to speak for this case to please come forward. No one was present to present this case. Mayor Faram passed over this case. PLANNING & ZONING PZ 74-26 PZ 74-26, Request of Helen B. McKinney to rezone Lots 1 and 2, Block 33, Nor'East Addition from 1F-9 One Family Dwelling to Local Retail Mayor Faram declared the public hearing on PZ 74-26 open and called for those wishing to speak for this case to please come forward. Steve Bardett, attorney, represented Mrs. McKinney in requesting this zoning change. Mr. Bardett said that Davis Blvd., is mostly zoned Local Retail. Mrs. McKinney has no special use for the land. She wants to sell. Mr. John Lutz appeared before the Council and stated he bought the property about a month ago. He stated they wanted to lease the property to Lutz Realty Company for an office. Mr. Lutz stated that he and his sister were the owners and he had two salesmen. He said they did not list property, they have clients, so therefore they would not have an over run of cars. He also stated that the lot next to it was vacant. Mr. Lutz asked the Council to consider this carefully because this is where he wanted to make his home. He would consider a Specific use for office only. Mayor Faram called for those wishing to speak against this case to please come forward. Mr. Charles Renfro, 5421 Randol Drive, appeared before the Council objecting to this rezoning. He stated that all Mr. Lutz wanted was to make a profit. Councilman Ellis asked Mr. Renfro if he had any objections to any kind of Local Retail on Davis Blvd., in these particular lots. Mr. Renfro stated he did. Councilman Wood asked Mr. Renfro if he and the others involved would consider getting together and work out a deal where everyone would be happy. Mr. Renfro stated at the present time he was against Local Retail. Page 10 June 24, 1974 Mayor Faram asked Mr. Lutz if it would be agreeable to him to postpone action tonight and for him to file the proper plans for Specific Use and get together with the neighbors and work out a compromise. Mr. Lutz said he would. Mayor Faram asked Mr. Renfro if he would agree. He replied he would think about it. Mrs. Wayne Cox, 5420 Randol Drive, appeared before the Council and stated she would not compromise with anyone. Mayor Faram closed the public hearing. Councilman Ellis moved, seconded by Councilman Wood, to table this request until July 22, 1974 Council meeting. The motion carried by a vote of 4-2; Councilmen Lamond, Ellis, Wood and Conant for; Councilmen Cato and Newman against. PLANNING & ZONING PZ 74-27 PZ 74-27, Request of Carl V. Smith to rezone Lot 5, Block 33, Nor'East Addition from IF-9 One Family Dwelling to Local Retail Mayor Faram declared the public hearing on PZ 74-27 open and called for those wishing to speak for this case to please come forward. Mr. Robert Carr represented Mrs. Smith in requesting this rezoning. Mr. Carr stated that Mrs. Smith wanted to rezone to upgrade her property so she could sell it. He asked the Council to table it with the other cases. He informed the Council that he would take it upon himself to withdraw this request. He stated he had a letter from Mrs. Smith to act as her agent. Mayor Faram called for those wishing to speak against this case to please come forward. Mrs. Wayne Cox, 5420 Randol Drive, spoke against this request. She stated the Smith property was right behind her. Mr. Charles Renfro, 5421 Randol Drive, also opposed this request. Mayor Faram declared the public hearing closed. Councilman Ellis moved, seconded by Councilman Cato, to deny PZ 74-27. The motion carried by a vote of 6-0. Page 11 June 24, 1974 PLANNING & ZONING PZ 74-28 PZ 74-28, Request of T. H. Harrell to rezone Lot 4, Block 33, Nor'East Addition from 1F-9 One Family Dwelling to Local Retail Mayor Faram declared the public hearing on PZ 74-28 open and called for those present wishing to speak for this request to please come forward. Mr. Harrell appeared before the Council requesting approval of this request. He stated he bought the property to put in a small restaurant. He plans to run it himself. He had no plans to enl arge it. Councilman Cato asked Mr. Harrell if he was aware of the deed restriction. He replied he was, but bought it on the assumption it would be rezoned. Mayor Faram called those wishing to speak against this request to please come forward. Mrs. Wayne Cox, 5420 Randol Drive, appeared before the Council opposing this request. She stated there was no room for parking. She also stated it was very sad that all these people bought all these nice houses, thinking they could go into business in a residential area. Mr. Charles Renfro, 5421 Randol Drive, appeared before the Council opposing this request. He stated that Mr. Harrell had already moved in. Mr. Harrell replied he had not moved in, he went every day and worked on the house. Mayor Faram declared the public hearing closed. Councilman Newman moved, seconded by Councilman Cato, to deny PZ 74-28. The motion carried by a vote of 6-0. PLANNING & ZONING PZ 74-29 PZ 74-29, Request of Richland Enterprises, Inc., to rezone Lot 1, Block 1, Holiday North Addition from IF-9 One Family Dwelling to Local Retail Mayor Faram declared the public hearing on PZ 74-29 open and called for those wishing to speak for this case to please come forward. Page 12 June 24, 1974 Mr. J. B. Sandlin, 4505 Woodbert, represented Richland Enterprises in requesting this request. Mr. Sandlin informed the Council that there was no deed restrictions on this property. He already has an office there. He has plenty of parking area. He stated he would be happy to have it zoned with the stipulation of Specific Use, office building only. He stated they are operating at the present time under a variance. Mayor Faram called for all those wishing to speak against this case to please come forward. Mr. Charles Renfro, 5421 Randol Drive, appeared before the Council to speak against this case. He stated he was not within 200 feet of this property and he liked the idea of Specific Use Permit. Mayor Faram closed the public hearing. *The motion carried by a vote of 6-0. Councilman Ellis moved, seconded by Councilman Cato, to approve PZ 74-29, with the stipulation * of Specific Use - office building only. PLANNING & ZONING PZ 74-30 PZ 74-30, Request of Northeast Construction Company to rezone Lot 10, Block 31, Nor'East Addition from 1F-9 One Family Dwelling to Local Retail Mayor Faram declared the public hearing on PZ 74-30 open and called for those wishing to speak for this case to please come forward. Mr. J. B. Sandlin represented Northeast Construction Company in this request. Mr. Sandlin told the Council that this lot was vacant and they had a variance for a sign. They don't plan to build anything on this lot. Mayor Faram called for those wishing to speak against this request to please come forward. No one appeared. Mayor Faram declared the public hearing closed. Councilman Ellis moved, seconded by Councilman Cato, to deny PZ 74-30. The motion carried by a vote of 6-0. PLANNING & ZONING PZ 74-22 ORDINANCE 541 PLANNING & ZONING PZ 74-24 ORDINANCE 542 Page 13 June 24, 1974 Mr. Adams, representing PZ 74-15, asked to be re-heard. Mayor Faram informed Mr. Adams the Council would have to have someone suspend the rules. Councilman Lamond suspended the rules. Mr. Adams stated that since the request of Helen McKinney, PZ 74-26, was tabled, he asked the Council to reconsider Mrs. Rita Moore's request. Maybe they could work out something with the neighbors and ask for Specific Use. Mayor Faram called for a motion to reconsider PZ 74-15. There was no motion. PZ 74-22, Request of G. B. Burke to rezone Lot 16, Block J, Smithfield Addition from 1F-9 One Family Dwelling to Industdal Mayor Faram declared the public hearing on PZ 74-22 open and called for those wishing to speak for this request to please come forward. Mr. W. Blevins, representing Mr. Burke, appeared before the Council requesting this zoning change. Mr. Blevins told the Council that Mr. Burke owned two lots, one has a house on it and is presently zoned Industrial. He is asking that the vacant lot be zoned Industrial also. Mayor Faram called for those wishing to speak against this case to please come forward. No one appeared. Mayor Faram declared the public hearing closed. After discussion, Councilman Ellis moved, seconded by Councilman Newman, to approve PZ 74-22, Ordinance 541. The motion carried by a vote of 6-0. PZ 74-24, Request of F. G. Bramlett to rezone Lots 9 and 10, Edgley Addition from 1F-9 One Family Dwelling to Local Retail. Mayor Faram declared the public hearing on PZ 74-24 open and called for those wishing to speak for this case to please come forward. Mr. F. G. Bramlett, 4166 Wilman, appeared before the Council requesting approval of PLANNING & ZONING PZ 74-33 ORDINANCE 543 Page 14 June 24, 1974 this request. Mr. Bramlett told the Council this property is located east of Wilman. There are several business north of this property. There are only five single family dwelling in the area. He has a buyer pending the zoning change. He stated one wanted to put in a small drapery shop. Mayor Faram called for those wishing to speak against this request to please come forward. No one appeared. Mayor Faram closed the public hearing. After discussion, Councilman Lamond moved, seconded by Councilman Wood, to approve PZ 74-24, Ordinance 542. The motion carried by a vote of 6-0. PZ 74-33, Request of M. D. Daniel to rezone 10.62 acres of the John McComas Survey, Abstract 1040, from Agriculture to 1F-9 One Family Dwelling Mayor Faram declared the public hearing on PZ 74-33 open and called for those wishing to speak for this case to please come forward. Mr. O. D. Long, Engineer, appeared before the Council requesting approval of this case. Mr. Long informed the Council that D&D Investment had purchased this property from Mr. Daniel so they could enlarge the existing Briarwood Estates. Mayor Faram called for those wishing to speak against this case to please come forward. No one appeared. Mayor Faram declared the public hearing closed. After discussion, Councilman Lamond moved, seconded by Councilman Conant, to approve PZ 74-33, Ordinance 543. The motion carried by a vote of 6-0. Page 15 June 24, 1974 PLANNING & ZONING PS 74-10 PS 74-10, Request of Doric Investment Corporation for Replat of Green Oaks Estates Mr. Walter Elliot represented Doric Investment in requesting approval of this case. Mr. Elliot told the Council they were requesting a replat because they were unable to get all the lots approved for septic tanks. Mr. Elliot also said they were working with the property owners to the south of Green Oaks, where sewer facilities are being installed. We have not acquired all the easements from the Kingswood people. He stated they would put in a lift station when they got the easements. After discussion, Councilman Newman moved, seconded by Councilman Ellis, to approve PS 74-10, subject to the City Engineers letter. The motion carried by a vote of 6-0. PLANNING & ZONING PS 74-12 PS 74-12, Request of Folsom Investment Inc., Preliminary and Final Plat for University Plaza Mr. Walter Elliot represented Folsom Investment in requesting this request. Mr. Elliot stated they would have their plans submitted to the Engineer later in the week and would be ready for construction. After discussion, Councilman Newman moved, seconded by Councilman Wood, to approve PS 74-12, subject to the stipulations out lined in the City Engineers letter. The motion carried by a vote of 6-0. PLANNING & ZONING PS 74-13 PS 74-13, Request of John Barfield Preliminary Plat of Crestwood Estates Mr. Doug Long represented Mr. Barfield in requesting this request. Mr. Long stated they had received the letter of comment and they can comply. He is asking for approval so they can put the sewer line in and take it to the subdivision beyond Crestwood. Councilman Conant moved, seconded by Councilman Lamond, to approve PS 74-13, subject to the stipulations out lined in the City Engineers letter. The motion carried by a vote of 6-0. Page 16 June 24, 1974 PLANNING & ZONING PS 74-14 PS 74-14, Request of D&D Investment Corporation, Preliminary Plat of Briarwood Estates, 3rd Filing Mr. Doug Long represented D&D Investment in requesting this request. Mr. Long told the Council that this was the same property that they had approved earlier for Mr. Daniel. He also stated they could comply with the City Engineers letter. APPOINTMENT Councilman Newman moved, seconded by Councilman Cato, to approve PS 74-14, subject to the stipulations out lined in the City Engineers letter. The motion carried by a vote of 6-0. Appointment of Council Member to Committees and Boards Mayor Faram appointed the following Council Members to the respective Boards and Committees. Drug Abuse Committee - Councilwoman Goodnight Councilman Jim Cato Council Customer System - Councilwoman Goodnight Industrial Team - Councilwoman Goodnight Councilman Ellis Mayor Dick Faram Mr. Charles Brinkley Mr. Bill Daniel City Manager M. E. Riddle NCTCOG Voting Representative - Councilman Ellis Metropolitan Highway Committee - Councilman Lamond Civil Service Committee - Councilman Cato Councilman Conant Councilman Wood Library - Councilman Ellis Park and Recreation - Councilman Newman Councilman Newman moved, seconded by Councilman Conant, to approve the appointments. The motion carried by a vote of 6-0. Page 17 June 24, 1974 APPOINTMENTS Consideration of Appointments to the Planning and Zoning Commission and the Parks and Recreation Commission Mayor Faram passed over this item and asked that it be placed on the July 8, 1974, City Council agenda. GRANT Consideration of Accepting a $75,000.00 Library Construction Grant City Manager Riddle informed the Council that the City had received word that the City's application for a $75,000.00 Library Construction Grant had been approved. After discussion, a committee of four was appointed to work with the architect. Mayor Faram, Councilman Ellis, Councilman Cato and City Manager Riddlewere appointed. Councilman Lamond requested that a letter be sent to the Library Commission expressing the Councils appreciation for the time and work they had done in getting this grant. ORDINANCE 544 Consideration of Ordinance Approving, Adopting and Closing the Assessment Rolls for the year 1974 Councilman Newman moved, seconded by Councilman Ellis, to approve Ordinance 544. The motion carried by a vote of 6-0. ORDINANCE 545 Consideration of an Ordinance establishing a Municipal Disaster Emergency Services Committee Councilman Newman moved, seconded by Councilman Wood, to approve Ordinance 545 as presented. The motion carried by a vote of 6-0. WATER AND SEWER RATE INCREASE Consideration of Approval of Water and Sewer Rate Increase for North Richland Hills Customers Dick Perkins, City Engineer, informed the Council that an increase was needed to meet the needs of the City. He stated the system was in bad shape. He stated that the cost of pipe and other necessary equipment was one reason for the needed increase. Mr. Perkins stated the sewer system was in pretty good shape. Councilman Ellis asked Mr. Perkins when he thought the rate should go in to effect. Mr. Perkins replied as soon as possible. CITIZEN'S PRESENTATION FORT WORTH SEWER CONTRACT Page 18 June 24, 1974 After discussion, Councilman Newman moved, seconded by Councilman Wood, to table this item until July 15, 1974 until further study could be made. The motion carried by a vote of 6-0. The worksession will be held July 15, 1974, 6:00 p.m., in the City Hall. Mr.cCharles McKenzie, 4517 Vance Road Re: Request for Variance from Brick Ordinance Mayor Faram asked the Council's permission to go back to item 8 on the agenda, since it was passed over earlier. Mayor Faram informed the Council that Mr. McKenzie had taken out a loan to cover 50% of the cost of constructing a storage building in back of his house. He found out later that the City required that 75% be brick. He was asking permission to use 50% brick on each wall and Perma Board on the rest. Councilman Lamond inquired as to the size of the building. Mr. McKenzie stated it was 20X20. He also stated he had no objections from the neighbors. Councilman Ellis moved, seconded by Councilman Conant, to approve the variance. The motion carried by a vote of 6-0. Consideration and Approval of Increase in Fort Worth Sewer Rate Increase and and Amendment of Fort Worth - North Richland Hills Sewer Contract Dick Perkins, City Engineer, advised the Council that he had studied the information presented by the City of Fort Worth and advised the Council that he highly recommended the City take the annually rate review contract, as opposed to the five year rate. Councilman Ellis moved, seconded by Councilman Cato, to accept the contract with the City of Fort Worth and North Richland Hills on a one year rate review contract. The motion carried by a vote of 6-0. Page 19 June 24, 1974 TRA CONTRACT Approval of Contract with Trinity River Authority, Hurst and North Richland Hills Dick Perkins, City Engineer, informed the Council that TRA, Hurst and North Richland Hills, had a joint contract for transportion of raw sewage. After a brief discussion, Councilman Newman moved, seconded by Councilman Ellis, to approve the TRA contract on a one year basis. The motion carried by a vote of 6-0. REVIEW OF CONTRACT Consideration and Review of Contract with Knowlton-Ratliff-English-Flowers Dick Perkins, City Engineer, informed the Council that in reviewing the contract regarding Subdivison billing, in light of preferred way of billing and reviewing Subdivisons, we recommend reducing the present retainer or removing it altogether. After discussion, Councilman Newman moved, seconded by Councilman Ellis, to reduce the present retainer of $300.00 per month to $150.00 per month and Subdivison review to be billed on an hourly basis. The motion carried by a vote of 6-0. APPROVAL OF PAYMENT Consideration of Payment to Crookham & Vessels, Inc., Estimate #6, in the amount of $89,954.78 for Walker Branch Outfall Sewer Line Councilman Ellis moved, seconded by Councilman Conant, to approve payment to Crookham & Vessels, Inc., Estimate #6, in the amount of $89,954.78, Walker Branch Dutfall Sewer Line. The motion carried by a vote of 6-0. APPROVAL OF PAYMENT Consideration of Payment to L. D. Conatser, Contractors, Estimate #3 and Final in the amount of $60,784.33 for Big Fossil Creek Outfall Sewer Line Councilman Ellis moved, seconded by Councilman Cato, to approve payment to L. D. Conatser, Contractors, Estimate #3 and Final in the amount of $60,784.33 for Big Fossil Creek Outfall Sewer Line. The motion carried by a vote of 6-0. APPROVAL OF PAYMENT APPROVAL OF PAYMENT APPROVAL OF PAYMENT CITIZEN'S PRESENTATION ADJOURNMENT ATTEST: Page 20 June 24, 1974 Consideration of Payment to Texas Bitulithic Company, Estimate #4, in the amount of $10,646.94 for Contract #13, C.I.P.,Street and Drainage Improvements Councilman Newman moved, seconded by Councilman Conant, to approve payment to Texas Bitulithic Company, Estimate #4, in the amount of $10,646.94 for Contract #13, C.I.P., Street and Drainage Improvements. The motion carried by a vote of 6-0. Consideration of Payment to Elm Fork Construction Company, Estimate #4, in the amount of $64,345.63 for Starnes Road and Amundson Distribution Mains Councilman Newman moved, seconded by Councilman Lamond, to approve payment to Elm Fork Construction Company, Estimate #4, in the amount of $64,345.63 for Starnes Road and Amundson Road Water Distribution Mains. The motion carried by a vote of 6-0. Consideration of Payment to E. H. Shaw, Contractor Estimate #3, and Final in the amount of $14,241.93 for Water Course W1m, Colorado Blvd. Storm Drainage Councilman Newman moved, seconded by Councilman Lamond, to approve payment to E. H. Shaw Contractor, Estimate #3, and Final in the amount of $14,241.93 for Water Course W1m, Colorado Blvd. Storm Drainage. The motion carried by a vote of 6-0. None Mayor Faram adjourned the City Council meeting of June 24, 1974. ¿&4~ ~~~ City Secretary