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HomeMy WebLinkAboutCC 1972-10-09 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, OCTOBER 9, 1972, AT 6:30 P.M. CALL TO ORDER The meeting of the City Council of the City of North Richland Hills was called to order by Mayor Marion L. Massey at 6:15 p.m. ROLL CALL PRESENT: Mayor: Councilmen: Councilwoman: Marion L. Massey Lloyd McKinney Norman Ellis Dick Faram Walter Smith Tom E. Newman James F. Cato JoAnn Goodnight STAFF PRESENT: City Manager: City Secretary: Consulting Engineer: M. E. Riddle Donna Pairsh Dick Perkins EXCUSED ABSENCE: City Attorney: Tim Truman INVOCATION The invocation at this regula~ City Council meeting was given by Mayor Marion l. Massey. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING Regular City Council Meeting - September 25, 1972 Councilwoman Goodnight moved, seconded by Councilman Newman, that the City Council approve the Minutes of the Regular City Council Meeting of September 25, 1972 as presented. Councilman Smith pointed out that the Minutes of the City Council Meeting of September 25, 1972, indicated that Councilman Newman seconded motion on page 3, first paragraph and should be corrected as follows: ---- "After discussion, Councilman r4cKinney moved, seconded by Councilman Ellis, that the City Council authorize the City to commit $300,000.00 out of Utility Operating Fund and $26,958.57 out of Utility Surplus or General Fund Surplus to complete the City committment for HUD Basic Water and Sewer Grant. The motion carried by a vote of 6-1; Councilman McKinney, Ellis', Faram, Smith and Cato and Councilwoman voting for; Councilman Newman voting against. II I I I "-._._..~~_._I MUNICIPAL DEPOSITORY BIDS BIDS SEWER CLEANING EQUIPMENT ORDINANCE NO. 436- LONE STAR GAS COMPANY RATE INCREASE 2 The motion as amended carried by a vote of 7-0. Designate Municipal Depository for fiscal year 1972-73 Councilwoman Goodnight moved, seconded by Councilman Newman, that the City Council accept bid of Northeast National Bank for Municipal Depository for fiscal year 1972-73. The motion carried by a vote of 7-0. (It was noted that next year bids would be received on a two year basis.) SEWER CLEANING EQUIPMENT BID BY ARLINGTON EQUIPMENT COMPANY, INC. Councilman Cato moved, seconded by Councilman McKinney, that the City Council accept the bid of Arlington Equipment Company, Inc. for sewer cleaning equipment. The motion carried by a vote of 7-0. Ordinance fixing and determining the general service rate to be charged for sales of natural gas to residential and commerical consumers within the City Limits of North Richland Hills, Tarrant County, Texas, and providing for the manner in which such rate may be changed, adjusted and amended. Councilman Faram moved, seconded by Councilman Cato, to open up the meeting at this time for citizens to speak concerning the Lone Star Gas Company rate increase request. The motion carried by a vote of 7-0. Mr. Bill Ratcliff, Amundson Road, appeared before the City Council stating that if a property owner is not within 100 feet of a gas line the gas company will not run them a line and he felt that if the property owner was on a major thoroughfare or an established county road this should be required. Mr. J. D. Morgan, representing Lone Star Gas Company, stated that if the 'gas company di d run these property owners lines it would be too costly and the gas company would have to come back to the City for an increase and they felt that it was not fair for all citizens to pay for'running these lines. After discussion, Councilman Cato moved, seconded by Councilman Newman, that the City Council approve APPOINTMENT ATTORNEY'S FEES CONTRACTOR1S ESTIMATE CITIZEW S PRESENTATION PLANNING & ZONING 3 Ordinance No. 436, establishing Lone Star Gas Company a rate increase, as presented. The motion carried by a vote of 6-1; Councilmen Ellis, Faram, Smith, Newman and Cato and Councilwoman Goodnight voting for; Councilman McKinney voting against. MEMBER TO PLANNING & ZONING COMMISSION Councilman Cato moved, seconded by Councilman Faram, that the City Council table action on this appointment until the next City Council Meeting of October 23, 1972. The motion carried by a vote of 7-0. Consideration of payment for attorney's fees. Counc i 1 man Fa ram moved, seconded by Counc 11 man Smi th , that the City Council approve payment of Councilman McKinney's attorney fees which was acquired in obtaining his seat on this Council as the Court ordered the Council to seat Councilman McKinney. After discussion, the motion failed by a vote of 4-2; Councilman Ellis, Newman and Cato and Councilwoman Goodnight voting against; Councilmen Faram and Smith voting for; Councilman McKinney abstaining. Elm Fork Construction Company Job #3-415, Estimate #1 Richland High School Sewer Line $8,435.84 Councilman Newman moved, seconded by Councilwoman Goodnight, that the City Council approve payment to Elm Fork Construction Company, in the amount .of $8,435.84, for Job #3-415, Estimate #1, Richland High School Sewer Line, as recommended by the Consulting Engineers. The motion carried by a vote of 7-0. Mr. Joe Hicks, Jr. 6912 Grapevine Highway Re: Delinquent Water Bill (Mr. Hicks was not present) REQUEST FOR AN APPEAL HEARING PZ 72-39, request of H. M. Howe for an appeal hearing to consider rezoning 9.01 acres out of the Stephen Richardson Survey and the John Condra Survey from Agriculture to Local Retail. Mr. H. M. Howe, 7301 Edmonds Spronce Road, appeared be the City Council requesting an appeal hearing on PZ 72-39 and presenting letter from former City Manager Jack Russell explaining the matter. J PLANNING & ZONING PLANNING & ZONING 4 After discussion, Councilman Faram moved, seconded by Councilman Smith, that the City Council grant an appeal hearing to consider PZ 72-39, a request of H. M. Howe to rezone 9.01 acres out of the Stephen Richardson Survey and the John Condra Survey to Local Retail to be scheduled for the Regular City Council Meeting of November 27, 1972. The motion carried by a vote of 5-2; Councilmen Ellis, Faram, Smith and Cato and Councilwoman Goodnight voting for; Councilmen McKinney and Newman voting against. REQUEST FOR AN APPEAL HEARING PZ 72-40, request of L. D. Kemp and Mike Brackney for an appeal hearing to consider rezoning 1.50 acres out of the Stephen Richardson Survey from local Retail to Commercial. Mr. Paul M. Brackney, Box 76, Smithfield, appeared before the City Council requesting an appeal hearing as he did not present the complete facts to the Planning and Zoning Commission and the case was not presented in the proper manner. Councilman Smith moved, seconded by Councilman McKinney, that the City Council grant an appeal hearing to consider PZ 72-40, a request of L. D. Kemp and Mike Brackney to rezone 1.50 acres out of the Stephen Richardson Survey to Commercial to be scheduled for the Regular City Council Meeting of December 11, 1972. The motion carried by a vote of 6-1; Councilmen McKinney, Ellis, Faram, Smith and Cato and Councilwoman Goodnight voting for; Councilman Newman voting against. PUBLIC HEARING PZ 72-32, request of Continental Housing Consultants to rezone 41.753 acres out of the W. D. Barnes Survey from IF-9 One Family Dwelling to IF-7 One Fami ly Dwelli ng. Mayor Massey declared the public hearing open to consider PZ 72-32 and called for all interested persons present to come forward to speak for this rezoning request. Mr. Red Rutledge, representing Continental Housing Consultants, appeared before the City Council requesting approval of PZ 72-32 to IF-7 One Family Dwelling with 1200 square foot minimum housing and 7500 or 7600 square foot minimum lots. There being no further persons present wishing to speak for PZ 72-32, Mayor Massey called for all interested persons present to speak against this rezoning request. 5 Myra Hays, Rt. 3, Box 37, Smithfield, appeared before the City Council stating she was against the rezoning because the lots were too small and everyone would be crowded. Mr. M. F. Martin, owner of property adjoining subject property, appeared before the City Council objecting to this rezoning as there would be smaller homes than he would like to see constructed. PLANNING & ZONING Dr. H. C. Allison, Rt. 1, Box 17, Smithfield, appeared before the City Counci 1 opposing this rezoning and stating that he would like to see the property enhance in value. Mr. W. H. Long, Rt. 3, Box 25, Smithfield, appeared before the City Council stating he was against the small homes proposed and he would like to leave the zoning at IF-9 One Family Dwelling or above. Mr. Long also stated that Smithfield Road was too small unless there was more access to the subject property. Mr. John H. Allison, Rt. 3, Box 17, Smithfield, appeared before the City Council stating that if the property was not taken care of it would wind up 235 homes and he would like to see better homes built to attract higher economical value people. There being no further persons present wishing to speak against PZ 72-32, Mayor Massey declared the public hearing, first reading, closed. (PZ 72-32 is scheduled for second reading at the City Council Meeting of October 23, 1972.) PS 72-24 - OAK RIDGE PARK PRELIMINARY OVERALL PLAT Mr. Red Rutledge appeared before the City Council presenting Oak Ridge Park Prelimina~ Overall Plat and asking for approval. Councilwoman Goodnight moved, seconded by Councilman Smith, that the City Council approve Oak Ridge Park preliminary overall plat. The motion carried by a vote of 7-0. PLANNING & ZONING PS 72-22 - FOSTER VILLAGE FINAL PLAT Mr. Jack Howell, representing Foster Village, appeared before the City Council presenting Foster Village final plat and asking for approval. PLANNING & ZONING 6 Councilwoman Goodnight moved, seconded by Councilman McKinney, that the City Council approve PS 72-22, Foster Village final plat as presented. The motion carried by a vote of 7-0. PS 72-25 - Request of Robert A. White for a variance from Subdivision and Brick Ordinance. Mr. Robert A. White, 720 Mercantile Bank Building, Dallas, appeared before the City Council stating that prior to building his surrmer home he had checked with the Cities of Hurst and Keller and was advised that he was not in either of these cities. He stated that he did not find out that he was in the City of North Richland Hills until his weekend home had been completed and he is requesting a variance from 12 to a maximum of 36 months at which time he will move thi s home. After discussion, Councilman Smith moved, seconded by Councilman Newman, that the City Council grant Mr. White a variance from the Subdivision and Brick Ordinance from 12 to a maximum of 36 months. The motion carried by a vote of 7-0. CITIZENS' PRESENTATIONS Mr. Nelson Dahlmann 7436 College Circle South North Richland Hills, Texas Mr. Nelson Dahlmann appeared before the City Council requesting enforcement of leash law as some dogs in his neighborhood run loose turning over garbage cans and barking all night. Mr. Dahlmann also stated that most of these dogs have no identification. CITIZENS' PRESENTATIONS Mr. Bill Clinger 6701 Victoria Avenue North Richland Hills, Texas Mr. Bill Clinger appeared before the City Council asking that the Council reverse the motion on payment of legal fees and pay Councilman McKinney's legal fees because it is the right thing to do. CITIZENS' PRESENTATIONS Myra H~s Rt. 3, Box 37 Smithfield, Texas Myra Hays appeared before the City Council asking why she should pay taxes and not reap the benefits. Mrs. H~s also asked when the City planned to improve Autrey Road. City Manager Riddle advised that there were no plans at this time to improve Autrey Road, but that the City was planning to improve Smithfield Road. · ADJOURNMENT 7 There being no further items on the City Council agenda for consideration, Councilman Ellis moved, seconded by Councilwoman Goodnight, that the City Council Meeting be adjourned. The motion carried by a vote of 7-0. (" ~' ~, ". ) CITY s~c~ . ~ ¿ "