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Home My WebLink AboutCC 1973-04-09 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLANO HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, MONDAY APRIL 9, 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: Councilmen: Marion L. Massey Lloyd McKinney Norman Ellis Dick Faram Walter Smith Tom E. Newman James F. Cato JoAnn Goodnight Councilwoman: INVOCATION The invocation at this regular City Council meeting was given by Councilman Lloyd McKinney. Mayor Massey presented a Proclamation and cake to Councilman Norman Ellis with congratulations on receiving his PHO Degree. PRESENTATION APPROVAL OF THE MINUTES OF PREVIOUS MEETING ORDINANCE NO. 461 Regular City Council Meeting - March 26, 1973 Councilman Smith moved, seconded by Councilman Newman, that the City Council approve the Minutes of the Regular City Council Meeting of March 26, 1973, as presented. The motion carried by a vote of 7-0. Consideration of Ordinance No. 461 concerning nuisances. Councilman Cato moved, seconded by Councilman Newman, that the City Council approve Ordinance No. 461 as presented. The motion carried by a vote of 7-0. ORDINANCE NO. 465 Consideration of Ordinance No. 465 concerning dogs. Councilman Newman moved, seconded by Councilman Cato, that the City Council approve Ordinance No. 465 as presented. The motion carried by a vote of 7-0. 2 STONYBROOK, INC. CITY-DEVELOPER AGREEHENT Consideration of City-Developer Agreement for Stonybrooke, Inc. Councilman Cato moved, seconded by Councilman Newman, that the City Council approve the City-Developer Agreement with Stonybrooke, Inc. with the following correction: Page 2, Paragraph 4 - "Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City and that he shall be responsible for paying the cost of any cancellations, alterations, or amendments to the Contract unless specifically provided otherwise by written authorization from the City. II The motion carried by a vote of 7-0. CONTRACTOR'S ESTIMATE Shaw Construction, Inc. Job 33-513, Estimate #2 Foster Village Water Line (Offsite) $12, 866.13 Councilman Mckinney moved, seconded by Council- man Ellis, that the City Council approve the partial payment to Shaw Construction, Inc., in the amount of $12,866.13, for Foster Village Water Line (Offsite), Job #3-513, Estimate #2, as recommended by the City Engineers. The motion carried by a vote of 7-0. CITIZEN IS PRESENTATION Mr. Charles Mangham Smithfield, Texas Re: Tax Penalty and Interest Mr. Charles. Mangham appeared before the City Council stating that he did not become aware until a few months ago that he owed for 1968 taxes, and he also stated that when he mad~ payment of his 1970 taxes he was assured he was current. Mr. Mangham advised that he wanted to pay for his 1968 tax, but requested. that the City Council waive the penalty and interest in the amount of $178.40 Councilman McKinney moved, seconded by Council- man Cato, on a non-precedence basis that the City Council delete the penalty and interest, in the amount of $178.40, on Tracts 1 and 2 of Abstract 1652. The motion carried by a 3 a vote of 5-2; Councilmen McKinney, Ellis, Newman and Cato and Councilwoman Goodnight for; Councilmen Faram and Smith against. PLANNING & ZONING PZ 73-10, request of Doric Investment Corporation to rezone 29.839 acres out of the John Condra Survey, Abstract 310, from Agriculture to 1F-12 One Family Dwelling. Mayor Massey declared the meeting in public hearing to consider PZ 73-10 and called for all interested persons present to come forward to speak for this rezoning request. Mr. Bill Dunn, President of Doric Investment Corporation, Suite 208,6900 Baker Blvd., Fort Worth, appeared before the City Council requesting approval of PZ 73-10 to rezone 29.839 acres out of the John Condra Survey to 1F-12 One Family Dwelling and stating that he is planning a residential development of 12,000 square foot lots and larger and a minium of 1600 square feet in the living area, which would be on septic tanks. There being no further persons present wishing to speak for PZ 73-10, Mayor Massey called for all interested persons present wishing to speak against this rezoning request. There being none, Mayor Massey declared the public hearing on PZ 73-10 closed. CounCilman Cato moved, seconded by Councilman McKinney, that the City Council approve Ordinance No. 466, PZ 73-10 to rezone 29.839 acres out of the John Condra Survey, Abstract 310, to 1F-1Z One Family Dwelling, contingent on building of residence having a minimum of 1600 square feet in the living area as approved' by the Planning & Zoning Commission. The motion carried by a vote of 7-0. PLANNING & ZONING PZ73-11, request of C. F. Grantham and Doug Higgins to rezone 0.46 acres out of the A. G. Walker Survey, Abstract 1630, from Multiple Family Dwelling to Commercial. Mayor Massey declared the meeting in public hearing to consider PZ 73-11 and called for all interested persons present to come forward to speak for this rezoning request. 4 City Manager Riddle advised that this was the same property which was approved and supposed to be zoned Commercial .by the City Council February 10, 1969 but the surveyor had made a mistake and therefore, some other lot was zoned instead of the right one. City Manager Riddle also advised that the zoning fee had been waived and the plat was now correct and should be approved to correct the mistake from the legal point. There being no further persons present wishing to speak for PZ 73-11, Mayor Massey called for all interested persons present to come forward to speak against this zoning request. There being none, Mayor Massey declared the public hearing on PZ 73-11 closed. Councilman Cato moved, seconded by Councilman Faram, that the City Council approve Ordinance No. 467, PZ 73-11 to rezone 0.46 acres out of the A. G. Walker Survey, Abstract 1630 to Commercial as approved by the Planning and Zoning Commission. The motion carried by a vote of 7-0. PLANNING & ZONING PZ 73-13, request of Cameo Enterprises, Inc. to rezone 5.76 acres out of the T. K. Martin Survey, Abstract 1055, from Agriculture to IF-9 One Family Dwelling. Mayor Massey declared the meeting in public hearing to con~ider PZ 73-13 and called for' all interested persons present to come forward to speak for this rezoning request~ Mr. Glen' Buckner, 7728 Mary Drive, appeared before the City Council requesting approval of PZ 73-13 to rezone 5.76 acres out of the T& K. Martin Survey to 1F-9 One Family Dwelling and stating that he would agree to a minium of 1500 square feet in the living area. There being no further persons present wishing to speak for PZ 73~13, Mayor Massey called for all interested persons present wishing to speak against this rezoning request. There being none, Mayor Massey declared the public. hearing on PZ 73-13 closed. Councilman Cato moved, seconded by Councilman McKinney, that the City Council approve Ordinance No. 468, PZ 73-13 to rezone 5.76 acres out of the T. K. Martin Survey to 1F-9 One Family Dwelling, contingent of building of residence having a . ~--------~-----------Î-·_--_··_·_-_···__· -~-------~--------_._-----_._---- 5 minimum of 1500 square feet in the living area and as approved by the P.lanning & Zoning Commission. The motion carrièd by a vote of 7-0. PLANNING & ZONING PZ 73-14, request of Camco Enterprises, Inc. to rezone 1 acre out of the T. K. Martin Survey, Abstract 1055, from Agriculture to 1F-9 One Family Dwelling. Mayor Massey declared the meeting in public hearing to consider PZ 73-14 and called for all interested persons present to come forward to speak for this rezoning request. Mr. Glen Buckner, 7728 Mary Drive, appeared before the City Council requesting approval of PZ 73-14 to rezone 1 acre out of the T. K. Martin Survey to 1F-9 One Family Dwelling and stating there would be a minimum of 1500 square feet in the living area. There being no further persons present wishing to speak for PZ 73-14, Mayor Massey called for all interested persons present wishing to speak against this rezoning request. There being none, Mayor Massey decal red the public. hearing on PZ 73-14 closed. Councilman Cato moved, seconded by Councilwoman Goodnight, that the City Council approve PZ 73-14 to rezone 1 acre out of the T. K. Martin Survey, Abstract 1055, to 1F-9 One Family Dwelling, contingent on building of residence having a minimum of 1500 square feet in the living area and to be one-half acre lots as approved by the Planning & Zoning Commission. The motion carried by a vote of 7-0. PLANNING & ZONING PZ 73-16, request of O. D. S. Construction Company, Inc. to rezone lot 5, Block 23, Clearview Addition from 1F-9 One Family Dwelliog to Neighborhood Retail. Mayor Massey declared the meeting in public hearing to consider PZ 73-16, and called for all interested persons present to come forward to speak for this rezoning request. Mr. O. D. Stewart, Jr., President of O. D. S. Construction Company, appeared before the City Council requesting consideration of PZ 73-16, PZ 73-17, andPZ 73-18 at the same time. ._._~~.'-,-'--~----'--------~------'----"'-'-'-''''------'--'' -_.._._----¡---'--~-~--~----~_._-~_._.__..-_...~ 6 PZ 73-17, request of D.D.S. Construction Company, Inc. to rezone Lot 7, Block 6, Clearview Addition from 1F-9 One Family Dwelling to 2F-9 Two Family Dwelling. PZ 73-18, request of O.D.S. Construction Company, Inc. to rezone Lot 6, Block 23, Clearview Addition from 1F-9 One Family Dwelling to Specific Use. Mayor Massey declared the meeting in public hearing to consider cases PZ 73-16, PZ 73-17 and PZ 73-18 and called for all interested persons present to come forward to speak for this rezoning request. Mr. O. D. Stewart, Jr:, President of O.O.S. Construction Company, appeared before the City Council requesting approval of PZ 73-16 to rezone Lot 5, Block 23, Clearview Addition to Neighborhood Retail - Specific Use for professional office use for D.D.S. Construction Company as this property is 85 feet from commerical property and this had effected the sale of his property. Mr. Stewart, Jr. also requested approval of PZ 73-17 to rezone Lot 7, Block 6, Clearview Addition to 2F-9 Two Family Dwelling for a duplex having 2374 square feet as FHA would not handle this property for residential use due to being within 100 feet of commercial property. Mr. Stewart advised that the duplex would be according to the plans submitted and would have a screening fence around it. Mr. Stewart, Jr. also requested qpproval of PZ 73-18 to rezone Lot 6, Block 23, Clearview Addition to Specific Use to'be used by O.D.S. Construction Company for storage. Mr. Stewart advised that there would be a six foot stockade fence around the property and the storage height would not be more than five feet. Councilman Cato moved, seconded by Councilman Newman, that the City Council approve Ordinance No.~470, PZ 73-16 with correction to rezone Lot 5, Block 23, Clearview Addition to Neighbor- hood Retail - Specific Use, the submitted plans to be attached and made a part of Ordinance No. 470. The motion carried by a vote of 7-0. Councilman Cato moved, seconded by Councilman Ellis, that the City Council approve Ordinance No. 471, PZ 73-17 to rezone Lot 7, Block 6, Clearview Addition to 2F-9 Two Family Dwelling ï contingen~of building of structure in compliance with the attached construction' plans as presented by the Planning & Zoning Commission and requirement that a copy of same plans be attached to this Ordinance No. 471. The motion carried by a vote of 7-0. Councilman Cato moved, seconded by Council- woman Goodnight, that the City Council approve Ordinance No. 472, PZ 73-18 to rezonê Lot 6, Block 23, Clearview Addition to Specific Use contingent on copy of plans being attached as mentioned by Planning & Zoning Commission. The motion carried by a vote of 7-0. PLANNING & ZONING PS 73-4, Green Oaks Estates.. Preliminary & Final Plat Mr. Bill Dunn, President of Doric Investment Corporation, appeared before the City Council requesting approval of PS 73-4, Green Oaks' Estates Preliminary & Final Plat and stating he would comply with City Engineer's letter dated March 9, 1973. Councilwoman Goodnight moved, seconded, by Councilman Catò, that the City Council approve PS 73-4, Green Oaks Estates, Preliminary & Final Plat as presented. The motion carried by a vote of 7-0. PLANNING & ZONING PS 73-3, Glenann Addition, Section 3- Final Plat Mr. O. D. Long, consulting Engineer, representing Cameo Enterprises, Inc, appeared before the City Council requesting approval of PS 73-3, Glenann Addition, Section 3, Final Plat as presented. Councilman Ellis moved, seconded by Councilman McKinney, that the City Council approve PS73..3, Glenann Addition, Section 3, Final Plat as presented. The motion carried by a vote of 7-0. PLANNING & ZONING PS 73-7, Sunny Meadow Additon, 2nd Filing- Final Plat. Mr. O. D. Stewart, Jr., President of O.D.S. Construction Company, Inc., 7825 Maplewood Drive, appeared before the City Council 8 '---- requesting approval of PS 73-7, Sunny Meadow Addition, 2nd Filing, Final Plat as presented. Councilman Ellis moved, seconded by Councilman McKinney, that the City Council approve PS 73-7, Sunny Meadow Addition, 2nd Filing, Final Plat as present~d. The motion carried by a vote of 7-0. CITIZEN'S PRESENTATION Mr. Jack King 3512 Norton Drive - 284-7928 Re: Easement , Mr. Jack King, 3512 Norton Drive, appeared before the City Council stating he has a lease to build a 7-11 Store at the conrner òf Glenview Drive and Rufe Snow Drive and needs to build across the sewer line at this location, the proposed shopping center will be lots 10, 11, 12 and 16, Hillview Addition. Councilwoman Goodnight moved, seconded by Councilman McKinney, that this item be added to the agenda for consideration at this time. The motion carried by a vote of 7-0. Councilwoman Goodnight moved, seconded by Councilman McKinney, that the City Council approve building of the structure subject to approval and specifications of the City Engineer. The motion carried by a vote of 7-0. The City Manager was instructed to get back with the City Council if City Engineer was unable to approve building, across the sewer line. ITEM ADDED TO THE AGENDA APPOINTMENT - Board of Equalization for 1973 Councilman Faram moved, seconded by Councilman Ellis, that the City Council add consideration of appointment to the Board of Equalization for 1973 on the agenda at this time. The motion carried by a vote of 7-0. Councilman Faram moved, seconded by Councilman Ellis, that the City Council appoint Mr. Nat O'Day to serve on the Board of Equalization for 1973. The motion carried by a vote of 7-0. Mayor Massey informed Mr. O'Day who was present: at this meeting that he had been formally apointed to the Board of Equalization for 1973. ADJOURNr~ENT "- \.. -" ~ I2Á~~ dT E Y 9 There being no further items on the agenda for consideration, Councilwoman Goodnight moved, seconded by Councilman Faram, that the City Council Meeting of April 9, 1973, be adjourned. The motion carried by a vote of 7-0. ~y~ryJ¡/~