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HomeMy WebLinkAboutCC 1973-11-26 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, NOVEMBER 26, 1973 CALL TO ORDER Mayor Marion L. Massey called the meeting to order at 6:30 p.m. November 26, 1973. ROLL CALL PRESENT: Mayor Councilmen Councilwoman Mari on L. Massey Lloyd McKinney Norman Ellis Dick Faram Walter Smith Tom E. Newman James F. Cato JoAnn Goodnight STAFF PRESENT: City Manager City Secretary City Attorney City Engineer M. E. Riddle Anna Lee Caudry Tim Truman Dick Perkins INVOCATION The invocation at this regular City Council meeting was given by Councilman Lloyd McKinney. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING Regular City Council Meeting - November 12, 1973 Councilman Smith moved, seconded by Councilman Newman, to approve the minutes as presented. City Engineer Dick Perkins noted that the date on the last page was incorrect as it read November 22, 1973, instead of November 12,1973. The motion with the correction carried by a vote of 6-0; Councilman Cato abstaining due to absence from this meeting. APPROVAL OF BIDS Approval of Bids on Walker Branch Outfall Sewer Line, Job #3-512 Mr. Loren Howerton, 7231 Dover Lane, representing the developers of Stoneybrook Addition advised the Council the cost of the portion of Job #3-512, which covered Stoneybrook Addition was higher than the bid the developer had received for the same work. Page 2 Councilman Faram asked the City Engineer if this portion of the contract could be removed from the large contract. Mr. Perkins recommended against this action. CALLED MEETING After discussion, Councilman Faram moved, seconded by Councilman McKinney, to table this item until Mr. Perkins and Mr. Riddle could contact the low bidder, Crookham and Vessels, Inc., and reach an agreement suitable for the City, :the developers and the contractor. The motion carried by a vote of 7-0. Special City Council Meeting - November 28, 1973 Mayor Massey called a Special City Council Meeting for 6:00 p.m., November 28, 1973, for the purpose of considering the Walker Branch Outfall Sewer Line Contract. CONTRACTOR'S ESTIMATE Consideration of payment to Shull Construction Company, Estimate #4 and Final, Job #3-514, in the amount of $10,589.34. Water System Improvements Councilman Faram moved, seconded by Council- woman Goodnight, to approve payment to Shull Construction Company in the amount of $10,589.34, for Estimate #4 and Final, Job #3-514. The motion carried by a vote of 7-0. ORDINANCE NO. 506 Consideration of Ordinance determining the necessity for street improvements on Keller- Smithfield Road, Jackie Lee and Rita Beth Streets ORDINANCE NO. 506 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREETS: KELLER- SMITHFIELD ROAD FROM DAVIS BOULEVARD TO TURNER DRIVE, RITA BETH STREET FROM GLENVIEW DRIVE TO THE SOUTH TO DEAD END, JACKIE LEE STREET FROM GLENVIEW DRIVE TO SOUTH TO DEAD END IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; LETTING CONTRACT TO TEXAS BITULITHIC INC., FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPIATIONS FOR TH~ PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROCISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING Page 3 PROPERTIES AND THE OWNERS THEREFORE FOR A PART OF THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR THE METHODS OF PAYMENT; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATED IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY ENGINEER TO PREPARE ESTIMATES OF COST; DIRECTING THE CITY SECRETARY TO FILE NOTICE OF THE ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATIVE TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES: DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORD OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. After discussion, Councilman Faram moved, seconded by Councilwoman Goodnight, to approve Ordinance No. 506 as presented. The motion carried by a vote of 7-0. ORDINANCE NO. 507 Consideration of Ordinance approving and adopting the estimates for improvements on Keller-Smithfield Road, Jackie Lee and Rita Beth Streets and setting the public hearing on such improvements ORDINANCE NO. 507 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS OF THE FOLLOWING STREETS: KELLER-SMITHFIELD ROAD FROM DAVIS BOULEVARD TO TURNER DRIVE; RITA BETH STREET FROM GLENVIEW DRIVE TO THE SOUTH TO DEAD END; JACKIE LEE STREET FROM GLENVIEW DRIVE TO SOUTH TO DEAD END IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHER INTERESTED PARTIES; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING;; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY OF NORTH RICHLAND HILLS CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; PROVIDING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. Page 4 After discussion, Councilwoman Goodnight moved, seconded by Councilman Ellis, to approve Ordinance No. 507 as presented. The motion carried by a vote of 7-0. CITIZEN'S PRESENTATION Mr. Leon Levitt, Engineer Hudiburg Properties Re: Variance to 811 Sewer Line Policy Mr. Levitt requested a variance to the 8" sewer line policy and allow a 6" sewer line to be installed on the Hudiburg property fronting Davis Blvd. The sewer line will serve the two story office building presently being constructed. Mr. Perkins recommended enforcing the 8" line policy. Councilman Faram moved, seconded by Councilman Newman, to deny the request for a six (6") inch sewer line. The motion carried by a vote of 7-0. PLANNING & ZONING PZ 73-44, Request of A. T. Anderson for Specific Use, Sale of Beer for Off-Premise Consumption Mayor Massey declared the Public Hearing on PZ 73-44 open and asked for all persons wishing to speak for PZ 73-44 to come forward. No one was present to speak for PZ 73-44. Mayor Massey called for all persons present wishing to speak against PZ 73-44 to come forward. No one was present to speak against PZ 73-44. Mayor Massey declared the Public Hearing closed on PZ 73-44. Councilman Cato moved, seconded by Councilman McKinney, to table PZ 73-44 until December 10, 1973, the next regular City Council meeting. After discussion, Councilman Cato withdrew his motion. Councilman Ellis moved, seconded by Councilman McKinney, to deny PZ 73-44. The motion Page 5 carried by a vote of 4-3; Councilmen McKinney, Ellis, Faram and Smith voting for; Councilmen Cato and Newman and Councilwoman Goodnight voting against. Mayor Massey instructed the City Secretary to add to the Check List notification of the date of the City Council Meeting when the case will be considered. PLANNING & ZONING PZ 73-48, Request of Piggly Wiggly for Specific Use, Sale of Beer for Off-Premise Consumption Mayor Massey declared the Public Hearing on PZ 73-48 open and called for all persons wishing to speak for PZ 73-48 to come forward. Mr. Tommy Christakis, manager of Piggly Wiggly Store located at 7823 Grapevine Highway, appeared before the City Council requesting approval of PZ 73-48. Mayor Massey called for all persons present wishing to speak against PZ 73-48 to come forward. No one was present to speak against PZ 73-48. Mayor Massey declared the Public Hearing on PZ 73-48 closed. PLANNING & ZONING After discussion, Councilman Smith moved, seconded by Councilman Ellis, to approve PZ 73-48, Ordinance No. 508, request of Piggly Wiggly for Specific Use, Sale of Beer for Off-Premise Consumption. The motion carried by a vote 7-0. PZ 73-51, Request of M. E. Riddle to rezone a part of 5.32 out of the J. B. Edens Survey, from Agriculture to IF-9 One Family Dwelling Mayor Massey declared the Public Hearing on PZ 73-51 open and called for persons present wishing to speak for PZ 73-51 to come forward. Mr. Doug Long, representing M. E. Riddle appeared before the City Council requesting approval of PZ 73-51. Page 6 Mayor Massey called for all persons present wishing to speak against PZ 73-51 to come forward. No one was present to speak against PZ 73-51. After discussion, Councilman McKinney moved, seconded by Councilwoman Goodnight, to approve PZ 73-51, Ordinance No. 509 as presented. The motion carried by a vote of 7-0. PLANNING & ZONING PZ 73-52, Request of Hope, Garcia and Lancarte to rezone Tracts 14B and 14C of Abstract 1606 from Agriculture to Commercial and 2F9 Two Family Dwelling Mayor Massey declared the Public Hearing on PZ 73-52 open and called for all persons wishing to speak for PZ 73-52 to come forward. Mr. Henry Kerry, representing the owners of Tract 14B and 14C of Abstract 1606, appeared before the City Council requesting approval of Commercial zoning for the tract with a 156 foot buffer zone of 2F9 Two Family Dwelling. Mr. Kerry was asked if there were specific plans for the property. Mr. Kerry replied no. Councilman Faram stated a wide variety of possibilities existed in Commercial zoning and once zoned commercial the city had no real control. Mr. Kerry reminded the City Council that the City needed a drainage easement on this property and that he had the signed easement with him which he was prepared to deliver if the Council granted the rezoning. Councilman Faram asked if Local Retail zoning would be acceptable in place of commercial. Mr. Kerry advised he had not consulted his clients and could not answer. Mayor Massey called for all persons present wishing to speak against PZ 73-52 to come forward. Page 7 No one was present to speak against PZ 73-52. Mayor Massey closed the Public Hearing on PZ 73-52. After discussion, Councilwoman Goodnight moved, seconded by Councilman Cato, to approve PZ 73-52. The motion failed by a vote of 2-5; Councilwoman Goodnight and Councilman Ellis voting for; Councilmen Faram, Smith, Newman, Cato and McKinney voting against. CITIZEN1S PRESENTATION ADJOURNMENT None There being no further items on the agenda for consideration, Councilman McKinney moved, seconded by Councilman Ellis, that the City Council Meeting of November 26, 1973, be adjourned. The motion carried by a vote of 7-0. a~U{A,~~ ~ CITY SECRETARY - ANNA LEE C UDRY