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HomeMy WebLinkAboutCC 1973-03-12 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, MONDAY, MARCH 12, 1973, AT 7:30 P.M. CALL TO ORDER The regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Marion L. Massey. ROLL CALL PRESENT: Mayor: Counc il men: Councilwoman: Marion L. Massey Norman Ellis Dick Faram Walter Smith Tom E. Newman James F. Cato JoAnn Goodnight STAFF PRESENT: City Manager: City Secretary: City Attorney: City Engineer: ~1. E. Riddle Donna Pairsh Tim Truman Dick Perkins ABSENT: Counci 1 man: Lloyd McKinney INVOCATION The invocation at the regular City Council meet- ing was given by Councilman Norman Ellis. APPROVAL OF THE ~IINUTES OF THE PREVIOUS MEETING Regular City Council Meeting - February 26, 1973. Councilman Smith moved, seconded by Councilman Newman, thàt the Minutes of the Regular City Council Meeting of February 26, 1973, be approved as presented. The motion carried by a vote of 6-0. MAYOR MASSEY ANNOUNCED THE PRESENCE OF LONGHORN TROUP # 168 AT THE CITY COUNCIL MEETING. RESOLUTION No. 73-7 Consideration of Resolution No. 73-7, authorizing and directing City Manager to make application and sign the necessary documents for a federal grant under Public Law 660. Councilman Ellis moved, seconded by Councilman Smith, that the City Council approve Resolution No. 73-7 as stated. The motion carried by a vote of 6-0. ITEr~ VI Discussion of Ordinance concerning Southwestern Bell Telephone Company gross receipts. Councilman Faram moved, seconded by Councilman Newman, 2 ORDINANCE. NO.451 that this item be passed over at this time in order to furnish copies of the ordinance for the City Council. The motion carried by a vote of 6-0. Consideration of Ordinance No. 451 concerning mass gathering and outdoor music festivals. Councilman Cato moved, seconded by Councilman Newman, that the City Council approve Ordinance No. 451, mass gathering and outdoor music festivals ordinance, with the following corrections: Page 2, Section 3.02, Paragraph e. -lithe dates and times that mass gathering or event is to be held;1I Page 2, Section 3.02, Paragraph k. - description of the preparations made to supervise minor persons who may attend the mass gathering or event. II Page 4, Section 6.02, Paragraph b. - lithe financial backing or stability of the promoter is insufficient to assure that the mass gathering or event will be conducted in the manner stated in the application;1I The motion carried by a vote of 6-0. ORDINANCE CONCERNING DOGS Consideration of Ordinance concerning dogs. Councilman Smith moved, seconded by Councilwoman Goodnight, that the City Council approve Ordinance concerning dogs as presented. Councilman Cato suggested that the City Council make the following changes: In Section 4 - First line - change IIThree (3) months liTo read IISeven {7} months. II In Section 9 - Last line - change IISection 1811 to IISection 17. In Section 10 - Third and Fourth line - Delete IIBy tying a chain of good quilityll and replace it with lIin and enclosed area protected from contact with other animals both wild and domestic. II Also line 6 - change IISixty (60) days to IIFourteen (14) days. II In Section 11 .- Fourth and Fifth 1 ine - delete IIBy tying with a chain of good quilityll and replace it with lIin a manner specified in Section 10." In Section 14 - Heading .,,:"-Change - "Fight,1I to "Right~1I 3 Delete Sections 15 and 16 in their entirity. Renumber Section 17 to 15. Section 17 A - Second line - After "within the Cityll add IIWithout a permit. II Section 17 B - First line - after 1I0r his assistantll add "May issuse a permit too allow establishing. II Third line, Delete liOn a temporary basis. II Insert a new Section 16 to read - IISection 16. Creating a Health Hazard. Any person who shall harbor or keep on his premises or in or about his premises under his control any dog or aminal of the dog kind and who shall allow his premises to become a hazard to the general health and welfare of the community, or who shall allow his premises to give of noxious or offensive odors due to the activity or presence of said animals, shall be guilty of ? misdemeanor and upon conviction shall be fined in accordance with Section 17 hereof. II Renumber Section 18 to Section 17. '- Councilman Cato moved, seconded by Councilman Newman, that the City Council amend Ordinance concerning dogs as outlined above. After discussion, Councilman Faram moved, seconded by Councilman Cato, that the City Council table consideration of Ordinance concerning dogs and instructed the City Attorney to amend the ordinance as outlined above and delete the two dollar ($2.00) registration fee. The motion carried by a vote of 6-0. ORDINANCE NO. 452 Consideration of Ordinance No. 452 concerning fleeing or attempting to elude a police officer. Councilman Ellis moved, secondéd by Councilman Newman, that the City Council approve Ordinance No. 452 concerning fleeing of attempting to elude a police officer as presented. The motion carried by a vote of 6-0. ORDINANCE NO. 453 Consideration of Ordinance concerning false fire alarm. Councilman Faram moved, seconded by Councilman Ellis, that the City Council approve Ordinance . 4 No. 453 concerning false fire alarm as presented. The motion carried by a vote of 6-0. PRESENTATION Mr. Mark Robertson Re: Walker Outfall Line Mr. Mark Robertson, representing developers in the north central and northeast area, Stonybrook, Inc.; Cameo Enterprises, Inc.; Robert James Corporation and Robert A. Legge', appeared before the City Council advising that they were opening up approximately 400 acres on the eastside of Davis Blvd. up Rumfie1d Road over to Smithfield Road and further west, and stating that the developer will pick up portion of sewer line and pay for the line up to Rumfie1d Road across to Davis Blvd. and over to Old Smithfield Road. Mr. Robertson requested from the city the following: (I) that the city allow them to tie into the Walker Outfall Line; (2) That the city allow them to post a bond rather than the letter of credit; (3) That the city waive the 4% inspection fee on only this main line or at least reduce the charge; and (4) That the city allow to pay their engineers to design this line and avoid paying the city engineer's cost. City Manager Riddle recommended against any of these requests and recommended that a work session be set up concerning this matter. The City Council scheduled a work session for Tuesday, March 13, 1973, at 8:30 p.m. RECESS 5 MINUTE RECESS RYA Proposal Consideration of Richland Youth Association proposal. Mr. Pat Darnell, member of the Parks and Recreation Commission, appeared before the City Council presenting the Richland Youth Association proposal as agreed: by the Parks and Recreation Commission as foll ows: liTO: Parks and Recreation Board of the City of North Hi 11 s FROM: Rich1an~ Youth Association PROPOSAL: I. In the new city park we need the following: 1. Three (3) football fields - two (2) regulation 100 yds. and one 80 yd. size. 2. Three (3) baseball fields - regulation boys baseball size. 5 3. Concession facilities and storage area, if available. 4. Exclusive use of three (3) football fields on Saturdays during August, September, October and November for league play only. 5. Exclusive use of 3 baseball fields Monday through Saturday nights of May, June for league games only. The RYA will provide: 1. Lighting facilities for three (3) baseball fields. 2. Fencing for three (3) baseball fields to complete enclosure. 3. Bleachers for three (3) baseball fields. 4. Operate concession facilities for benefit of RYA during times the facilities are being used by RYA. Supplies and equipment will be furnished by RYA.II Mr. Darnell stated that the RYA would agree to the following changes in the proposal and to work out arrangements~for the concession operation: '- Proposal I, Items 4 & 5 4. Exculsive use of three (3) football fields on Saturdays during September, October and November for league play only. 5. Exclusive use of 3 baseball fields Monday through Saturday nights of May, June and 6 or 7 days into July for league games only. Councilman Faram moved, seconded by Councilman Smith, that the City Council approve the recommendation of the Parks and Recreation Commission of the Rich1and Youth Association proposal as agreed to delete the month of August in Item 4, add 6 or 7 days into July instead of the entire month and including the concession with the stipulation that the operation of the concession facilities be submitted back with proposal satisfactory to the city. The motion carried by a vote of 6-0. PARKS AND RECREATIONS COMMISSION BY-LAWS Consideration of Parks and Recreation Commission By-Laws. Mr. Pat Darnell, member of the Parks and Recreation Commission, appeared before the City Council presenting the By-Laws of the Parks and Recreation Commission. --~----~-_._.~-_.~._- - - ._._~_._--,,--~-_._~-----~-~-_.- CHEROKEE ESTATES TREATMENT PLANT CITIZEN PRESENTATION 6 Councilwoman Goodnight moved, seconded by Councilman Newman, that the City Council accept the Parks and Recreation Commission By-Laws as written. The motion carried by a vote of 5-1; Councilman Faram, Smith, Newman and Cato and Councilwoman Goodnight voting for; Councilman Ellis voting against. (Copy of the Parks and Recreation Commission By-Laws attached to these minutes as permanent record. ) Consideration of request of Mr. B. W. Giles for permission to install and operate treatment plant in Cherokee Estates. Mr. Homer Giles appeared before the City Council requesting permission to install and operate a treatment plant in Chherikee Estates as approved by the Texas Water Quality Board. After discussion, Councilwoman Goodnight moved, seconded by Councilman Ellis, that the City Council approve request to proceed with installation and operation of the treatment plant in Cherokee Estates, with an acceptable performance bond. until the outfall line can be brought into this subdivision. The motion carried by a vote of 5-1; Councilmen Ellis, Faram, Smith and Cato and Councilwoman Goodnight voting for; Councilman Newman voting against. This citizen presentation was heard at this time due to the length of the agenda and the time involved. Mr. William L. Morgan 3640 Wendell Drive Re: Storm Drainage Mr. William L. Morgan, 3640 Wendell Drive, appeared before the City Council advising that the drain- age pipe dumps the drainage between his house and his neighbor, Mr. Hawkins, and children play in this water which is a breeding area for mesquitos. Mr. Morgan informed the City Council that he has called the Utility Department several times and the Director of Utilities has been out, knows the problem but nothing has been done. The City Council instructed the City Engineer to look into the problem and work out solutions and costs for the City Council to consider. 7 CONTRACTOR'S ESTIMATE Shaw Construction, Inc. Estimate #1, Job #3-513 Foster Villiage Water Line (Offsite) $92,500.74 Councilman Faram moved, seconded by Councilwoman Goodnight, that the City Council approve payment to Shaw Construction, Inc., Estimate #1, Job #3-513, for Foster Vi1liage Water Line (Offsite), in the amount of $92,500.74 as recommended by the City Engineers. The motion carried by a vote of 6-0. CONTRACTOR'S ESTIMATE S.R.O. Asphalt, Inc. Partial Payment #1, Estimate #1 Glenann Addition street and drainage improvements $76,787.38 Councilman Ellis moved, seconded by Councilwoman Goodnight, that the City Council approve Partial Payment #1, Estimate #1 to S.R.O. Asphalt, Inc., for Glenann Addition street and drainage improvements, in the amount of $76,787.38, as recommended by the City Engineers. The motion carried by a vote of 6-0. CONTRACTOR'S ESTIMATE Shaw Construction, Inc. Estimate #1, Job #3-312, Contract #12, CIP, street and drainage improvements $76,742.95 Councilman Ellis moved, seconded by Councilman Faram, that the City Council approve payment to Shaw Construction, Inc., Estimate #1, Job #3-312, for Contract #12, CIP, street and drainage improvements in the amount of $76,742.95, as recommended by the City Engineers. The motion carried by a vote of 6-0. PRESENTATION Mr. Walter Nass, Excutive Vice President Chi1drens Safety Sign~ Inc. Re: Contract with City to erect safety signs This presentation has been rescheduled for the City Council Meeting of March 26, 1973, by the Childrens Safety Signs, Inc. request. PLANNING & ZONING PZ 73-3, request of Mr. Wayne Richardson and Mr. Jim McCoy to rezone 2.565 acres out of the John Barlough Survey, Abstract 130, from Agriculture to 2F-9 Two Family Dwelling. Mayor Massey decal red the public hearing open to consider PZ 73-3 and called for all interested persons present to come forward wishing to speak for this zoning case. ," ,. ----- .. . - ~.,.__~__~__._ ___·___~__m.~'____._ 8 Mr. O. D. Long, representing Mr. Wayne Richardson and Mr. Jim McCoy, appeared before the City Council asking that PZ 73-3, PZ 73-4, and PZ 73-5 be considered together. PZ 73-4, request of Mr. Wayne Richardson and Mr. Jim McCoy to rezone 5.517 acres of land out of the John Barlough Survey, Abstract 130, and the J. C. McComas Survey, Abstract 1040, from Agriculture to Local Retail. PZ 73-5, request of Mr. Wayne Richardson and Mr. Jim McCoy to rezone 19.601 acres out of the John Bar10ugh Survey, Abstract 130, from Agriculture to 2F-9 Two Family Dwelling. Mayor Massey declared the public hearing open to consider PZ 73-3, PZ 73-4 and PZ 73-5 and called for all interested persons present to come forward wishing to speak on these zoning cases. Mr. O. D. Long, representing Mr. Wayne Richardson and Mr. Jim NcCoy, appeared before the City Council requesting approval of PZ 73-3, PZ 73-4 and PZ 73-5 as presented. There being no further persons present wishing tö speak for PZ 73-3, PZ 73-4 and PZ 73-5, Mayor Massey called for all interested persons present to come forward wishing to speak on these cases. There being none, Mayor Massey declared the public hearing on PZ 73-3, PZ 73-4 and PZ 73-5 closed. Councilman Ellis moved, seconded by Councilman Faram, that the Ci~y Council accept the recommendation of the Planning and Zoning Commission and approve PZ 73-3 to rezone 2.565 acres out of the John Barlough Survey, Abstract 130, to 2F-9 Two Family Dwelling, Ordinance No. 454, as presented. The motton carried by a vote of 6-0. Councilman Ell is moved, seconded by Councilman Faram, that the City Council accept the recommendation of the Planning and Zoning Commission and approve PZ 73-4 to rezone 5.517 acres of land out of the John Barlough Survey, Abstract 130, and the J. C. McComas Survey, Abstract 1040, to Local Retail, Ordinance No. 455, as presentéd. The motion carried by a vote of 6-0. . .. -- - -.-.. ....,' ." .. _~_-------.c...~~~_.___~_~_~_.____._._______ 9 Councilman Ellis moved, seconded by Council- woman Goodnight, that the City Council accept the recommendation of the Planning and Zoning Commission and approve PZ 73-5 to rezone 19.601 acres out of the John Bar10ugh Survey, Abstract 130, to 2F-9 Two Family Dwelling, Ordinance No. 456, as presented. The motion carried by a vote of 6-0. PLANNING & ZONING PZ 73-6, request of Fossil Creek Partnership to rezone 29.8670 acres out of the T. Akers Survey, Abstract 19, from Agriculture to Commercial. PZ 73-6, request of Fossil Creek Partnership to rezone 29.8670 acres out of the T. Akers Survey, Abstract 19, from Agriculture to Commercial. PZ 73-7, request of Fossil Creek Partnership to rezone 73.55 acres out of the W. A. Trimble Survey. Abstract 1520; T. Akers Survey, Abstract 19; and R. P. Barton Survey, Abstract 175, from Agriculture to Local Retail. PZ 73-8, request of Fossil Creek Partnership to rezone 132.78 acres out of the W. A. Trimble Survey, Abstract 1520; R. P. Barton Survey, Abstract 175; and J. M. Vandusen Survey, Abstract 1588, from IF-12 One Familty Dwelling and Agriculture to Multiple Family Dwelling. PZ 73-9, request of Fossil Creek Partnership to rezone 32.40 acres out of the W. A. Trimble Survey, Abstract 1520, R. P. Barton Survey, Abstract 175, from Agriculture to IF-12 One Family Dwelling. Mayor Massey declared the public hearing open to consider PZ 73-6, PZ 73-7, PZ 73-8 and PZ 73-9 and called for all interested persons present to come forward to speak for these zoning cases. Mr. Gary Barta, Vice President of Colloredo Associates, Inc., 1903 100 North Main Building, Memphis, Tennessee, appeared before the City Council requesting approval of PZ 73-6, PZ 73-7, PZ 73-8 and PZ 73-9 as presented. There being no further persons present wishing to speak for PI 73-6,PZ 73-7, PI 73-8 and PI 73-9, Mayor Massey called for all interested persons present to come forward wishing to speak against these zoning cases. There being none, Mayor Massey declared the public hearing on PZ 73-6, PZ 73-7, PZ 73-8 and PZ 73-9 closed. Councilman Smith moved, seconded by Councilman Faram, that the City Council accept the re- commendation of the Planning and Zoning Commission and approve PZ 73-6 to rezone 29.8670 acres out 10 of the T. Akers Survey, Abstract 19, to Commercial, Ordinance No. 457, as presented. The motion carried by a vote of 6-0. Councilwoman Goodnight moved, seconded by Council- man Ellis, that the City Council accpet the recom- mendation of the Planning and Zoning Co-mission and approve PZ 73-7 to rezone 73.55 acres out of the W. A. Trimble Survey, Abstract 1520; T. Akers Survey, Abstract 19; and R. P. Barton Survey, Abstract 175, to Local Retail, Ordinance No. 458, as presented. The motion carried by a vote of 6-0. Councilman Cato moved, seconded by Councilwoman Goodnight, that the City Council accept the re- commendation of the Planning and Zoning Commission and approve PZ 73-8 to rezone 120.3 acres out of the W. A. Trimble Survey, Abstract 1520; R. P. Barton Survey, Abstract 175; and J. M. Vandusen Survey, Abstract 1588, to Multiple Family Dwelling, Ordinance No. 459, contingent to the townhouses being sold and not rented and correcting the number of acres from 132.78 to 120.3. The motion carried by a vote of 6-0. IT EM V I Councilman Cato moved, seconded by Councilman Newman, that the City Council accept the recommendation of the Planning and Zoning Commission and approve PZ 73-9 to rezone 32.40 acres out of the W. A. Trimble Survey, Abstract 1520, and R. P. Barton Survey, Abstract 175, to IF-12 One Family Dwelling, Ordinance No. 460, with stip~lation that the houses be a minimum of 2,000 square feet. The motion carried by a vote of 6-0. Discussion of Ordinance concerning Southwestern Bell Telephone Company gross receipts. Councilman Cato moved, seconded by Councilman Newman, that the City Council table this ordinance concerning Southwestern Bell Telephone Company gross receipts for review. The motion carried by a vote of 6-0. CITIZENS I PRESENTATION ADJOURNMENT Previously discussed. There being no further items on the City Council agenda for consideration, Councilman Newman moved, seconded by Councilwoman Goodnight, that the City Council meeting be adjourned. The motion carried by a vote of 6-0. .L.L CIT¡{)~ ) /2~ CITY OF NORTH RICHLAND HILLS PARKS AND RECREATION COMMISSION - BY-LAWS ARTICLE I - NAME SECTION 1. The name of this board is IIParks and Recreation Commission" of the City of North Richland Hills. ARTICLE II - OBJECTIVE SECTION 1. The purpose of this commission is to establish policies and . procedures for the proper administration of the parks and recreation programs of the city, subject to the approval of the City Council. SECTION 2. To encourage and facilitate the establishment and maintenance of parks, playgrounds, p1ayfields, centers, swimming pools and other park recreation facilities, on properties owned and controlled by the city or on private or public properties, with the consent ôf the owners and authorities thereof. SECTION 3. To encourage the establishment of supervised recreation programs for all ages, on properties owned and controlled by the city or on private or public properties, with the consent of the owners and authorities thereof. SECTION 4. To recommend for acquisition by the City Council certain lands and buildings deemed necessary for the use of the city parks and recreation programs the location of which shall have the approval of the city p1an~ing èommission. SECTION 5. Study and submit recowmendations for the improvement and expansion of the parks and recreation facilities and programs. SECTION 6. To cooperate with all agencies, groups and clubs concerned with recreation in the city. SECTION 7. To recommend for consideration by the City Council the utilization of any and all authority granted to municipalities under State enabling legislation which affects parks and recreation. SECTION 8. Submit monthly and lor annual reports and such other reports as from time to time may be requested. SECTION 9. To study and recommend to the Council, with the advise of the City Manager, ways and means of financing the parks and recreation facilities and programs. SECTIONI0~ Recommend the establishment of standing committees and other such committees as from time to time may be deemed necessary. SECTION 1. SECTION 2. SECTION3. SECTION 1. SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. ARTICLE III - POLICIES Any committee or representative that has been appointed to a duty will have full authority to plan or outline their activity with the Commissions approval to forward to the City Council for approval. The Parks and Recreation Commission shall reserve the right to elect to deal with any specfific issue that would not benefit the objective of the Parks and recreation of the City of North Richland Hills and recommend same to the City Manager and lor City Council for consideration. Any person wishing to be placed on the agenda must notify the secretary or Chairman of the Board six (6) days prior to the scheduled meeting. ARTICLE IV - ADDRESS The address of th~ P~rks and Recreátion Co~mission shall be as follows: CITY OF NORTH RICHLAND HILLS PARKS AND RECREATION COMMISSION 4101 MORGAN CIRCLE FORT WORTH, TEXAS 76118 ARTICLE V - MEMBERS Members shall be appointed by the Mayor with the City Councils approval. With the execptions listed in ordinance no. 316. The Commission shall select from among its menbers a Cahirman and Vice Chairman and shall set their rules and regulations for the government of thier proceedings as they may deem proper subject to the approval of the City Council. In event the Chairman resigns or cannot fill the term after being elected to that office the Vice Chairman will fill his vacancy. A new Vice Chairman will be elected from remaining members. In event the Vice Chairman resigns or can not fill the term after being elected to that office a new Vice Chairman will be elected from remaining members. In event the Secretary resigns or cannot fill the term after being appointed the Chairman will appoint a new Secretary from the remaining members. Any member may resign by giving written notice to the Chairman or Secretary. Such resignation shall take effect at the time specified. In event any officer or member cannot fill his or her term the Mayor will appoint a new member to full fill the remaining term with the City Councils approval. SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 1. SECTION 1. SECTION 2. ARTICLE VI - DUTIES A. Chairman (a) The Chairman will be in charge of and conduct all meetings. (b) The Chairman shall make special assignments and appoint special committees, as required and shall perform all other duties usually pertaining to the office. The Chairman shall break any tie vote resulting from any transaction voted on by the commission. B. Vice Chairman (a) The Vice Chairman will assume all duties of the Chairman in his absence and be available for any duties given him. C. Secretary (a) The Secretary will keep records of each meeting and so , record to present on request of any member of the commission. D. M:embers (a) The members will assume all duties within their capabilities that the Chairman so deems necessary or appoints them to. ARTICLE VII - MISCELLANEOUS These By-Laws may be altered, amended or repealed by the commission majoroity vote with the City Councils approval. ARTICLE III - MEETINGS Parks and Recreation Commission meetings will be held once a month and lor as often as necessary at such time and place designated by the Chairman or City Manager. A quorum of members of the "Parks and Recreation Commission must be present at meetings to transact official'business.