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HomeMy WebLinkAboutCC 1972-04-10 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH HICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, APRIL 10, 1972 - 7:30 P.M. CALL TO ORDER The reiUlar meeting of the City Council of the City of North Richland Hills was called to order by Mayor Marion L. Massey at 7:30 p.m. ROLL CALL PRESENT: Mayor: Councilmen Marion L. Massey W. N. Ratcliff J. R. Hubbard Dick Faram W. F. Polster Tom E. Newman James F. Cato Charles L. Owen STAFF PRESENT: Acting City Mana¡er: City Secretary: City Attorney: Consulting Engineers: M. E. Riddle Donna Pairsh Tim Truman Bill Ratliff INVOCATION The invocation at this regular City Council meeting was given by Councilman Charles L. Owen. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING Regular City Council Meeting - March 27. 1972 Councilman Polster moved, seconded by Counoilman Owen, that the City Council approve the Minutes of the HeiUlar City Council Meeting of March 27, 1972 as presented. The motion carried by a vote of 6-0; Councilman Faram abstaining due to absence from the meeting of March 27, 1972. RESOLUTION 72-4 CANVASS OF MUNICIPAL ELECTION Mayor Massey presented Resolution No. 72-4 to the City Counoil which reads as follows: "RESOLUTION NO. 72-4 WHEREAS, on the 4th day of April, 1972, being the first Tuesd~ in April, the regular municipal election was held within the corporate limits of the City of North Richland Hills, Texas, for the election of a Mayor and seven City Councilmen; and WHEREAS, the following candidates for the respective offices plus any write-in candidates 2 received the number of votes shown opposite their names as follows: NAME OF CANDIDATES NUMBER OFFICE OF VOTES Mayor 363 Mayor 888 Councilman, 720 Place One 624 Councilman, 572 Place Two 424 365 Councilman, 818 Place Three 473 Councilman, 531 Place Four 339 482 Councilman, 794 Place Five 550 Councilman, 833 Place Six 512 Councilman, 424 Plaoe Seven 135 197 Asa Short Marion L. Massey Lloyd McKinney William N. Ratcliff Norman Ellis J. R. "Buck" Hubbard Vernon L. Sampley Dick Faram J. H. (Hugh) Briscoe Walter Smith James G. Black W. F. "Bill" Polster Tom E. Newman Charles C. Rough J. F. "Jim" Cato Mrs. P. M. (Edna) Dodson Adrian King Mrs. Glenn (JoAnn) Goodnight M. (Lee) Bovea Write-In Candidates Jerry G. Walker Mayor 1 WHEREAS, as is provided in the City Charter of the City of North Richland Hills, Texas, it is the duty of the City Council to canvass the returns and declare the results of said election; and it appearing that the following candidates should be declared elected to the offices indicated: OFFICE DULY ELECTED OFFICIAL Mayor Councilman, Place Three Councilman, Place Five Councilman, Place Six Councilman, Place Seven Marion L. Massey Dick Faram Tom E. Newman J. F. Gate Mrs. Glenn (JoAnn) Goodnight 3 BE IT THEREFORE RESOLVED by the City Council of the City of North Richland Hills, Texas, that the following candidates for the respective offices, having received a majority number of votes in their respective offices, be and they are hereby declared elected to the respective offices named below for and during the term of two years and until the next duly constituted election is held in said City, being the first Tuesday in April, 1974. OFFICE DULY ELECTED OFFICIAL Mayor Councilman, Place Three Councilman, Place Five Councilman, Place Six Councilman, Place Seven Marion L. Massey Dick Faram Tom E. Newman J. F. Cato Mrs. Glenn (JoAnn) Goodnight It further appearing that no candidate received a majority of the vote for the offices hereinafter indicated and that therefore, no candidate should be declared elected to such office: OFFICE Councilman, Place Two Councilman, Place Four BE IT THEREFORE RESOLVED by the City Council of the City of North Richland Hills, Texas, that no candidate should be declared elected to the following offices until after a second election to be called by the Mayor: OFFICE Councilman, Place Two Councilman, Place Four It further appearing that candidate for Councilman, Place One, Lloyd McKinney is disqualified by virtue of having on the date of the election been in arrears in the payment of a liability due the City, to wit: a water bill due March II, 1972, in violation of Section 2 of Article V of the Charter of the City of North Richland Hills, Texas, and that in accordance with Section 8 of Article V of said Charter no candidate should be declared elected to the office of Councilman Place One. 4 BE IT THEREFORE RESOLVED by the City Council of North Richland Hills, Texas, that no candidate be declared elected to the office of Councilman Place One until after a second election to be called by the Mayor. PASSED AND ADOPTED this 10th day of April, 1972, there being 7 Councilmen present and 7 Councilmen voting for the passage and adoption hereof and 0 Councilmen voting against the passage and adoption hereof; with exception of Place One, there being 3 Councilmen voting for passage and 3 Councilmen against passage, Mayor voting for passage to break the tie vote. MAYOR sl ATTEST: sl CITY SECRETARY APPROVED FOR LEGALITY AND FORM: sl CITY ATTORNEY Councilman Owen moved, seconded by Councilman Hubbard, that all candidates that received majority of votes as listed on Resolution No. 72-4 be declared elected and accepted. 5 It was brought before the Council that Lloyd McKinney was in arrears in a liability due the City and there was considerable discussion regarding this matter. Mrs. Lloyd McKinney, 4813 Grove, appeared before the City Council stating that she had just forgot the water bill and that she had been sick a few days was the reason for not paying this bill. RECESS Councilman Faram moved, seconded by Councilman Owen, that the City Council recess for lO minutes. The motion carried by a vote of 7-0. Mayor Marion L. Massey called the meeting back in session at 8:05 p.m. Mayor Massey asked for a vote to accept votes as tabulated for the following: Mayor Asa Short Marion L. Massey 363 888 The motion carried by a vote of 7-0. Mayor Massey was declared elected. Mayor Massey asked for a vote to accept votes as tabulated for the following: Councilman, Place One Lloyd McKinney 720 William N. Ratcliff 624 The motion was denied by a vote of 4-3; Councilmen Hubbard, Faram and Owen voting for; Councilmen Polster, Newman and Cato voting against; Councilman Ratcliff abstaining; Mayor Massey voting against to break the tie. Mayor Massey declared no one elected. Mayor Massey asked for a vote to accept votes as tabulated for the following there being none receiving a majority of votes: Councilman, Place Two Norman Ellis 572 J. R. "Buck" Hubbard 424 Vernon L. Sampley 365 The motion carried by a vote of 7-0. Mayor Massey declared a run-off for Place Two. Mayor Massey asked for a vote to accept votes as tabulated for the following: 6 Councilman, Place Three Dick Faram 818 J. H. (Hugh) Briscoe 473 The motion carried by a vote of 6-0; Councilman Faram abstaining. Mayor Massey declared Dick Faram elected. Mayor Massey asked for a vote to accept votes as tabulated for the following there being none receiving a majority of votes: Councilman, Place Four Walter Smith 531 James G. Black 339 W. F. "Bill" Polster 482 The motion carried by a vote of 7-0. Mayor Massey declared a run-off for Place Four. Mayor Massey asked for a vote to accept votes as tabulated for the following: Councilman, Place Five Tom E. Newman 794 Charles C. Rough 550 The motion carried by a vote of 7-0. Mayor Massey declared Tom. E. Newman elected. Mayor Massey asked for a. vote to accept votes as tabulated for the following: Councilman, Place Six J. F. "Jim" Cato 833 Mrs. P. M. (Edna) Dodson 512 The motion carried by a vote of 7-0. Mayor Massey declared J. F. Cato elected. Mayor Massey asked for a vote to accept votes as tabulated for the following: Councilman, Place Adrian King Mrs. Glenn (JoAnn) M. (Lee) Bovea Seven 424 Goodnight 197 735 The motion carried by a vote of 7-0. Mayor Massey declared Mrs. Glenn (JoAnn) Goodnight elected. Mayor Massey asked for a. vote to accept votes as tabulated for the following: 7 Write - In Candidates Jerry G. Walker Mayor 1 The motion carried by a vote of 7-0. OATH OF OFFICE The oath of office was administered by City Attorney Tim Truman to the following newly elected City Council members: Mayor Councilman, Place 3 Councilman, Place 5 Councilman, Place 6 Councilwoman, Place 7 Marion L. Massey Dick Faram Tom E. Newman J. F. Cato Mrs. Glenn Goodnight The Oath of office to all members was as follows: "I, ..................... do solemnly swear or affirm, that I will faithfully execute the duties of the office of ............... 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 further- more solemnly swear 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." RUN OFF ELECTION CALLED Mayor Massey called & run-off election for Place Two and Place Four as follows: PROCLAMATION AND ELECTION AND ORDER A PROCLAMATION AND ELECTION ORDER BY THE MAYOR OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, CALLING A RUN-oFF ELECTION TO BE HELD IN SAID CITY ON THE 2nd DAY OF MAY, 1972, A.D., FOR THE: ELECTION OF TWO (2) CITY COUNCILMEN OF NORTH RICHLAND HILLS, SETTING THE TIME:, PLACE AND DATE OF SAID ELECTION, APPOINTING ELECTION JUDGES AND ALTERNATES, PROVIDING THE TIME AND MANNER FOR VOTING ABSENTEE, BOTH IN PERSON AND BY MAIL, DESIGNATING WHO SHALL BE ENTITLED TO VOTE AT SUCH ELECTION, AND ADOPTING PAPER BALLOTS AS THE METHOD OF VOTING AT SAID ELECTION, AND OTHER PROVISIONS OTHERWISE INCIDENT TO SUCH RESOLUTION. SPECIAL ELECTION CALLED Mayor Massey called a Special Election for Place One as follows: i_.___________.___._._____~_._..._~_~_~___.~._.___,_~___ TEXAS HIGHWAY DEPARTMENT AGREEMENTS CITIZEN'S PRESENTATION , 8 " PROCLAMATION AND SPECIAL ELECTION ORDER A PROCLAMATION AND ELECTION ORDER BY THE MAYOR OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, CALLING A SPECIAL ELECTION TO BE HELD IN SAID CITY ON THE l6th DAY OF MAY, 1972, A.D., FOR THE ELECTION OF CITY COUNCILMAN PLACE ONE OF NORTH RICHLAND HILLS, SETTING THE TIME, PLACE, AND DATE OF SAID ELECTION, ESTABLISHING A DEADLINE FOR CANDIDATES TO FILE, APPOINTING ELECTION JUDGES AND ALTERNATES, PROVIDING THE TIME AND MANNER FOR VOTING ABSENTEE, BOTH IN PERSON AND BY MAIL, DESIGNATING WHO SHALL BE ENTITLED TO VOTE AT SUCH ELECTION, AND ADOPTING PAPER BALLOTS AS THE METHOD OF VOTING AT SAID ELECTION, AND OTHER PROVISIONS OTHERWISE INCIDENT TO SUCH RESOLUTION." Consideration of Agreements with Texas Highway Department concerning TOPICS Project Bedford-Euless Road from State Highway l2l East to New State Highway l2l Freeway. Councilman Polster moved, seconded by Councilman Newman, that the City Council approve Agreements with Texas Highway Department on TOPICS Project :Bedford-Euless Road from State Highway l2l East to New State Highway 12l Freeway. The motion carried by a vote of 7-0. Norman D. Krey 502l Strummer 281-5953 Re: Water damage claim Mr. Norman D. Krey, 502l Strummer, appeared before the City Council submitting his estimate for the water damage claim in the amount of $400.00 and stating that the sewer was stopped up and this caused his sewer to back up which buckled his floors. The City Manager advised the City Council that the City's insurance company turned this claim down. After discussion, Councilman Polster moved, seconded by Councilman Faram, that the City obligate itself up to $400.00 and proceed to recover from the City's insurance company. Councilman Cato moved, seconded by Councilman Ratcliff, that the City Council amend the motion to include pay- ment of water damage claim that was requested and which was also turned down by this insurance company previously. The motion carried by a vote of 7-0, as amended. INVOICE AWARD CONTRACT NORTH HILLS TANK ORNAMENTAL PAINTING PLANNING AND ZONNING 9 Consideration of payment to Weatherall Construction Company, Inc., Estimate #l, Watauga Heights, Section 2, Water and Sewer Main Extensions, in the amount of $13,423.50. Councilman Newman moved, seconded by Councilman Faram, that the City Council approve payment to Weatherall Construction Company, Inc., Estimate #1, Watauga Heights, Section 2, for water and sewer main extensions, in the amount of $l3,423.50 as recommended by the Consulting Engineers. The motion carried by a vote of 7-0. Award of water line contract from Booth calloway to Riviera. Councilman Polster moved, seconded by Councilman Hubbard, that the City Council award Contract of a water line from near Booth calloway Road to Riviera Drive to the low bidder H. M. Huffman, 401 S. Norman, Euless, Texas. The motion carried by a vote of 7-0. Consideration of payment to Chicago Bridge & Iron for ornamental painting on the North Hills Tank in the amount of $l,500. Councilman Hubbard moved, seconded by Councilman Newman, that the City Council table this item until the Consulting Engineers check further into this matter. The motion carried by a vote of 7-0. PZ 72-10, request of P & S Construction Company Public Hearing to consider rezoning Lots 4-10, Block 10, Clearview Addition from "IF-9 One Family Dwelling to "2F-9 Two Family Dwelling". Mr. Johm Parish appeared before the City Council requesting a Public Hearing on PZ 72-10 for May 22, 1972 Council meeting. Councilman Polster moved, seconded by Councilwoman Goodnight, that the City Council set a Public Hearing for PZ 72-10, request of P & S Construction Company to consider rezoning Lots 4-10, Block 10, Clearview Addition from "IF-9 One Family Dwelling to "2F-9 Two Family Dwelling" on May 22, 1972. The motion carried by a vote of 7-0. 10 PLANNING AND ZONING PZ 72-7, request of P & S Construction Compnay to rezone North 64 feet of the South 134 feet of Lot 2, Block 2, J. M. Estes Subdivision from "Local Retail" to 'Commercial" - First Reading Mayor Massey declared the meeting to be in Public Hearing on PZ 72-7 and called for interested persons present to come forward to speak for this zoning case. Mr. John Parish appeared before the City Council requesting approval of PZ 72-7 and requesting that the emergency clause be added. Mayor Massey called for all interested persons present to come forward to speak against this zoning case. There being no further persons present speaking for or against case PZ 72-7, Mayor Massey declared the first reading Public Hearing closed. Councilman Faram moved, seconded by Councilman Polster, that the City Council add the emergency clause to Ordinance No. 399 and approve Ordinance No. 399, PZ 72-7, request of P & S Construction Company to rezone North 64 feet of the South 134 feet of Lot 2, Block 2, J.M. Estes Subdivision from "Local Retail" to Commercial. The motion carried by a vote of 7-0. PLANNING AND ZONING PZ 72-ll, request of Foster Financial Corporation to rezone l69 acres out of the John Condra Survey from ~griculture" to "If-9 One Family Dwelling" - First Reading PZ 72-l2, request of Foster Financial Corporation to rezone 25 acres out of the John Condra Survey from "Agriculture" to "Multiple Family Dwelling" - First Reading PZ 72-l3, request of Foster Financial Corporation to rezone 10 acres out of the John Condra Survey from "Agriculture" to "Local Retail" - First Reading Mr. Jack Howell, representing Foster Financial Corporation, requested that the City Council consider Planning and Zoning cases PZ 72-ll, PZ 72-l2 and PZ 72-l3 at the same time. Mayor Massey declared the meeting to be in Public Hearing on cases PZ 72-ll, PZ 72-l2 and PZ 72-l3 and called for all interested persons present to speak for these rezoning cases. 11 Mr. Jack Howell appeared before the City Council requesting approval of PZ 72-11, PZ 72-12 and PZ 72-13 and requesting that the emergency clause be added. Mayor Massey called for all interested persons present to come forward to speak against these rezoning cases. There being no further persons present to speak for or against PZ 72-11, PZ 72-12 and PZ 72-13, Mayor Massey declared the Public Hearing, First Reading, on Planning and Zoning cases PZ 72-11, PZ 72-12 and PZ 72-13 closed. Councilman Polster moved, seconded by Councilwoman Goodnight, that the City Council add the emergency clause to Ordinance No. 400, and approve Ordinance No. 400, PZ 72-11 to rezone 169 acres out of the John Condra Survey to IF-9 One Family Dwelling; Councilman Ratcliff moved, seconded by Councilwoman Goodnight, that the City Council add the emergency clause to Ordinance No. 401 and approve Ordinance No. 401, PZ 72-12 to rezone 25 acres out of the John Condra Survey to Multiple Family Dwelling. The motion carried by a vote of 7-0. Councilman Newman moved, seconded by Councilman Polster, that the City Council add the emergency clause to Ordinance No. 402 and approve Ordinance No. 402, PZ 72-l3 to rezone 10 acres out of the John Condra Survey to Local Retail. The motion carried by a vote of 7-0. PLANNING AND ZONING PZ 72-l5, request of Continental Housing Consultants to rezone 10 acres out of the William Cox Survey from "Agriculture" to "Commerical" - First Reading Mayor Massey declared the meeting to be in Public Hearing on PZ 72-15 and called for all interested persons present to come forward to speak for this zoning case. Mr. Red Rutledge, representing Continental Housing Consultants, appeared before the City Council request- ing approval of PZ 72-15 and that the emergency clause be added. Mayor Massey called for interested persons present to come forward to speak against this zoning case. PLANNING AND ZONING PLANNING AND ZONING 12 There being no further interested persons present to come forward to speak for or against PZ 72-15, Mayor Massey declared the Public Hearing First Reading, closed. PZ 72-16, request of David Moak to rezone 29.318 acres out of the William Cox Survey from "Agriculture" to "IF-9 One Family Dwelling" - First Reading Mayor Massey declared the meeting to be in Public Hearing on PZ 72-16 and called for all interested persons present to come forward to speak for this zoning case. Mr. David Moak appeared before the City Council requesting approval of PZ 72-16. There being no further interested persons present to speak for this rezoning, Mayor Massey called for interested persons present to come forward to speak aganist this case. Mrs. Ed Max, 7001 Smithfield Road, Smithfield, appeared before the City Council requesting that the City Council postpone any building in the subject area until the water and sewer problems could be worked out, but that she was not opposed to this rezoning. Mr. Ed Max, 7001 Smithfield Road, Smithfield, appeared before the City Council stating that with the water and sewer problems that exist now he did not see how anything could be built a~d that the 50 foot road which some property owners would have to park is very dangerous, rough and too narrow. Mr. John Parker, P. O. Box 82, Smithfield, appeared before the City Council opposing all building in this area. Mr. K. D. Bell, Jr., Box 23, Smithfield, appeared before the City Council also opposing any building in this area. There being no further persons present wishing to speak aganist this zoning case, Mayor Massey declared the Public Hearing, first reading, closed. PS 72-6, request of Alan Hamm for Holiday North, Section .4, Final Plat Mr. Calvin Luper, representing Alan Hamm, appeared before the City Council requesting approval of this final plat. CITIZEN'S PRESENTATIONS ADJOURNMENT 13 " Councilman Faram moved, seconded by Councilwoman Goodnight, that the City Council approve final plat for Holiday North, Section 4, subject to compliance and agreements as stipulated in the Planning and Zoning Minutes of March 23, 1972. The motion carried by a vote of 7-0. (Copy of the Minutes of the Planning and Zoning Commission of March 23, 1972 attached to these minutes as permanent record.) Mr. Walter Smith 5132 Cloyce - 281-8584 Mr. Walter Smith appeared before the City Council stating that he disagreed with the ruling of Councilman Place One and that he felt that Place One should be vacant until the special election is held. Mr. High Briscoe 510l Laurel Lane - 281-9333 Mr. Hugh Briscoe appeared before the City Council stating that he feels that Councilman Place One w. N. Ratcliff should resign until the special election is held. Mr. James L. Conkle 5213 Bob Drive - 28l-6497 Mr. James Conkle appeared before the City Council stating that he was concerned with the safety of the children that walk to and from Holiday Heights Elementary and that he would like to see that the City recontinue radar and that a 30 mile per hour speed limit be placed on Harwood Road. There being no further items on the agenda for consideration, Councilman Hubbard moved, seconded by Councilman Newman, that the City Council meeting be adjourned. The motion carried by a vote of 7-0. ,Q~J ¡¡~) CITY ECRETARY -