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HomeMy WebLinkAboutCC 1972-11-27 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, NOVEMBER 27, 1972, AT 6:15 P.M. - CALL TO ORDER The regular meeting of the City Council of the City of North Richland Hills was called to order at 6: 15 p.m. .by Mayor Pro Tern Dick Faram. ROLL CALL PRESENT: Mayor Pro "fern: Councilmen: Councilwoman: Dick Faram Lloyd McKinney Norman Ellis Walter Smith James F. Cato Tom E. Newman JoAnn Goodnight STAFF PRESENT: City~1anager: City Secretary: City Attorney: City Engineer: M. E. Riddle Donna Pairsh Tim Truman Di ck Perki'ns ABSENT: Mayor: Marion L. Massey INVOCATION The invocation at this regular City Council meeting was given by Councilwoman JoAnn Goodnight. APPROVAL OF THE MINUTES OF PREVIOUS MEETINGS APPOINTMENT Regular City Council Meeting - October 23, 1972. Councilman Newman moved, seconded by Councilman Smith, that the City Council Minutes of October 23, 1972, be approved as presented. The motion carried by a vote of 6-0. Special City Council Meeting - November 1, 1972. Councilman Ellis moved, seconded by Councilman Newman, that the Special City Council Minutes of November 1, 1972, be approved as presented. The motion carried by a vote of 6-0. Representative on Metropolitan Highways Committee for 1973. On behalf of Mayor Marion L. Massey, Mayor Pro Tern Dick Faram recommended the appointment of Councilman Lloyd McKinney as representative on Metropolitan Highways Committee for 1973. Councilman Smith moved, seconded by Councilwoman Goodnight, that Councilman 2 Lloyd McKinney be appointed to serve as representative on Metropolitan Highways Committee for 1973. The motion carried by a vote of 6-0; Councilman McKinney abstaining. ORDINANCË NO. 437 ORDINANCE amending Ordinance No. 406, establishing regulations covering industrial wastes. Mayor Pro Tem Dick Faram read the following ordinance: "ORDINANCE NO. 437 AN ORDINANCE ESTABLISHING REGULATIONS COVERING INDUSTRIAL WASTES: DEFINING.TERMS PROHIBITING SOME WASTES: PROVIDING LIMITS FOR B.O.D., TEMERATURE, ACIDS, ALKALINES, SYNTHETIC PRODUCTS, EXPLOSIVE MIXTURES, GREASES AND OiLS: REQUIRING PRETREATMENT: PROVIDING FOR RATES AND SURCHARGES: PROHIBITING OUTSIDE SOURCE OF WATER: REQUIRING SUBMISSION AND APPROVAL OF PLANS & SPECIFICATIONS: SETTING FORTH REQUIREMENTS FOR TREATING AND CONTROL FACILITIES: PROVIDING FOR CITY INSPECTION AND TESTING: PROVIDING AUTHORITY TO DISCONNECT: REPEALING ALL CONFLICTING ORDINANCES: PROVIDING A PENTALTY: PROVIDING FOR METHOD OF PUBLICATION AND EFFECTIVE DATE: AND CONTAINING A SEVERABILITY CLAUSE. II Councilman Cato moved, seconded by Councilman Newman, that the City Council approve Ordinance No. 437, repealing Ordinance No. 406, establishing regulations covering industrial wastes, with the addition to Section 6 "that Ordinance No. 406 is hereby repealed. II The motion carried by a vote of 6-0. RESOLUTION 72-19 RESOLUTION appointing a representative to the Fort Worth System Council. Counci lman Newman moved, seconded by Councilman Cato, that the City Council approve Resolution No. 72-19, appointing Councilwoman Goodnight as representative to the System Customer Council of Fort Worth. The motion carried by a vote of 5-0; Councilwoman Goodnight abstaining. RESOLUTION 72-20 RESOLUTION authorizing the City Manager to submit and sign. an application to Texas Criminal Justice Council for grant assistance. Councilman McKinney moved, seconded by Councilman Newman, that the City Council approve Resolution No. 72-20 as presented. The motion carried by a vote of 6-0. .. 3 RESOLUTION 72-21 RESOLUTION establishing fair market value of certain property the City of North Richland Hills desires to acquire for open space uses under the Federal Legacy of Parks, Open Space Land Program. City Manager Riddle advised the City Council that the fair market value for Site I is $100,100.00 and the fair market value for Site II is $42s500. ORDINANCE NO. 439 Councilman Ellís moved, seconded. by Councilman McKinney, that the City Council approve Resolution No. 72-21 as presented. The motion carried by a vote of 6-0. ORDINANCE governing and regulating Bail Bondsmen. Mayor Pro Tem Dick Faram presented the follo,,¡ing ordinance: "ORDINANCE NO. 439 AN ORDINANCE GOVERNING AND REGULATING THE' ,BAIL BONDSMEN, DEFINING THE BUSINESS OF BAIL BONDING: DECLARING IT A MISDEMEANOR TO SOLICIT BAIL BOND BUSINESS WITHIN THREE HUNDRED FEET OF ANY PUBLIC BUILDING: DECLARING IT A MISDEMEANOR FOR BAIL BONDSMAN TO GIVE ANY FORM OF BENEFIT TO A POLICE OR MUNICIPAL COURT OFFICIAL, AND FOR A BAIL BONDS- MAN TO CHARGE MORE THAN 10% OF THE BOND WITH A MINIMUM CHARGE OF $25.00: PROHIBITING BONDSMEN TO POST BONDS WHO ARE DELINQUENT IN ANY COURT IN THE COUNTY: REQUIRING BONDSMEN TO FILE APPROPRIATE AFFIDAVITS OF COMPLIANCE: AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.D Councilman Newman moved, seconded by Councilman Smith, that the emergency clause be added to Ordinance No. 439. The motion carried by a vote of 6-0. Councilman Newman moved, seconded by Councilwoman Goodnight, that the City Council approve Ordinance No. 439 with the emergency clause added. The motion carried by a vote of 6-0. MEMBERSHIP - TRINITY IMPROVEMENT ASSOCIATION Consideration of membership in the Trinity Improvement Association. Councilman McKinney moved, seconded by Councilman Ellis, that the City of North Richland Hills obtain membership in the Trinity Improvements Association. The mot; on ca rri ed by a vote of 4-2; Counci1 men McKinney, Ellis and Cato and Councilwoman Goodnight voting for; Councilmen Smith and Newman against. 4 CONTRACT 12 BIDS Acceptance of bids on Contract No. 12, Capital Improvements Program. City Engineer Dick Perkins appeared before the City Council submitting bids on Contract No. 12, Capital Improvements Program and recommending the low bid of Shaw Construction Company. After discussion, Councilman Ellis moved, seconded by Councilman Cato, that the City Council table this item until further information is supplied fór the alternatives. The motion carried by a vote of 5-1; Councilmen McKinney, Ellis, Ne~~an and Cato ánd Councilwoman Goodnight voting for; Councilman Smith voting against. BIDS - GLENANN ADDITION Acceptance of bids on Glenann Addition, Street and Drainage Improvements. City Engineer Dick Perkins appeared before the City Council stating that the bids were in order and recommending the low bid of SRO Asphalt, Inc. Councilwoman Goodnight moved, seconded by Council- man Ellis, that the City Council accept the low bid of SRO Asphalt, Inc. as recommended by the City Engineers. The motion carried by a vote of 6-0. CONTRACTOR'S ESTIMATE H. M. Huffman Estimate No. 2 Glenann Addition, First Filing For Water and sewer improvements $11,851.42 Councilman Ellis moved, seconded by Councilman McKinney, that the City Council approve payment to H. M. Huffman, Estimate No.2, Glenann Addition, First Filing, for water and sewer improvements, in the amount of $11,851.42 as recommended by the City Engineers. The motion carried by a vote of 6-0. CONTRACTOR'S ESTIMATE Elm Fork Construction Company, Inc. Estimate NO.7 and Final, Job No. 3-501 & WPC- Tex-628 For Construction of the Calloway Branch Outfall Sewer $32,018.05 Councilman Cato moved, seconded by Councilman Newman, that the City Council approve payment _---.J 5 to Elm Fork Construction Company, Inc., Estimate No. 7 and Final, Job No. 3-501 & WPC-Tex-628, for construction of the Calloway Branch Outfall Sewer, in the amount of $32,018.05 as recommended by the City Engineers. The motion carried by a vote of 6-0. CITIZEN S PRESENTATION C. A. Collins 3852 Diamond Loch West Re: Condition of streets in Diamond Loch Addition Mr. C. A. 'Collins was not present at this meeting. CITIZEN I S PRESENTATION B. W. GILES 200 Bedford-Euless Road, Bedford Re: Sanitary sewer system for Cherokee Estates Mr. R. V. Tramm~l, Trammel & Associates representing B. W. Giles, appeared before the City Council asking for cosideration of their hardship in developing Cherokee Estates as the Health Department turned down the use of septic tanks and sewer was not available at this time, and requesting the City work with them and back them in putting in a disposal plant at Mr. Giles expense and stating that they would turn this plant over to the City in the future. Mr. B. W. Giles appeared before .the City Council stating that if something was not done he would be bankrupted as the houses already built in this addition were depreciating due to vandalism. Mr. Giles agreed to pay the engineering fee for review of the system he proposed and also agreed to pump on a temporary basis until something permanent is approved. Councilman Ellis moved, seconded by Councilman McKinney, that the City Council authorize the City Engineers to file an application to the EPA on behalf of B. W. Giles Builder for the Cherokee Estates disposal plant, as defined in the letter dated November 27, 1972 from Tarrant County Chief Sanitarian, John L. Graham, R.S., without obligation to the City to accept the pumping or the operation of the station until a feasibility study is made. The motion carried by a vote of 5-1; Councilmen McKinney, Ellis, Smith and Cato and Councilwoman Goodnight voting for; Councilman Newman voting against. (Letter dated November 27, 1972 from Tarrant County Chief Sanitarian, John L. Graham, R.S., attach2d to these minutes as permanent reco~d.) 6 PLANNING & ZONING APPEAL HEARING PZ 72-39, request of H. M. Howe to rezone 9.01 acres out of the Stephen Richardson Survey and the John Condra Survey from Agriculture to Local Retail. Mayor Pro Tern Dick Faram presented Mr. H. M. Howe's letter dated November 11, 1972, stating that due to business complications he would be unable to make this meeting and requesting a postponement on PZ 72-39 appeal hearing. Mr. Tom Cáve, attorney representing property owners within 200 feet, appeared before the City Council requesting PZ 72-39 ~ppeal Hearing be held at this time and not be postponed. Councilman Smith moved, seconded by Councilman Newman, that the City Council consider PZ 72-39, appeal hearing at this time. The motion failed by a vote of 2-4; Councilmen Smith and ~ewman voting for: Councilmen McKinney, Ellis and Cato and Councilwoman Goodnight voting against. Councilman Ellis moved, seconded by Councilman Cato, that the City Council postpone appeal hearing on PZ 72-39 and schedule this hearing for the regular meeting of January 8, 1973. The motion carried by a vote of 4-2; Councilmen McKinney, Ellis and Cato and Councilwoman Goodnight voting for Councilmen Smith and Newman voting against. (PZ 72-39, Appeal Hearing, is scheduled for January 8, 1973.) PLANNING & ZONING FIRST READING PZ 72-41, request of W. F. Po]ster to rezone the South 33 feet of Lot 3, and the North 67 feet of Lot 4, Block 2, J. M. Estes Subdivision from Local Retail to Commercial. Mayor Pro Tem Dick Faram declared the meeting in public hearing, first reading, to consider PZ 72-41 and called for all interested persons .present to come forward to speak for this zoning change. W. F. Polster, 6608 Marie, appeared before the City Council requesting approval of PZ 72-41 to rezone the South 33 feet of Lot 3, and the North 67 feet of Lot 4, Block 2, J. M. Estes Subdivision to Commercial with the emergency clause added. There being no further persons present wishing to speak for PZ 72-41, Mayor Pro Tern Dick Faram called for all interested persons. present to co¡¡;e fOrfi.:lra to speak against this zoning change. There being none, Mayor Pro Tern Faram declared the public > .- 7 hearing, on PZ 72-41 closed. Council man Smith moved, seconded by Counci lman Newman, that the City Council add the emergency clause and approve Ordinance No. 440, PZ 72-41, to rezone the South 33 feet of Lot 3, and the North 67 feet of Lot 4, Block 2, J. M. Estes Subdivision to Commercial. The motion carried by a vote of 6-0. PLANNING & ZONING FIRST READING PZ 72-42, request of Camco Enterprises, Inc. to rezone Tráct A, Block 5, Glenann Addition from IF-9 One Family Dwelling to Local Retail. Mayor Pro Tern Dick Faram declared the meeting in public hearing, first reading, to consider PZ 72-42 and called for all interested persons present to come forward to speak for this zoning change. Glen Buckner, Camco Enterprises, Inc., appeared before the City Council requesting approval of PZ 72-42 to rezone Tract A, Block 5, Glenann Addition to Local Retail with the emergency clause added. There being no further persons present wishing to speak for PZ 72-42, Mayor Pro Tem Faram called for all interested persons present to come forward to come forward to speak against this zoning change. There being none, Mayor Pro Tem Faram declared the public hearing, first reading, on PZ 72-42 closed. Counc ilman Ca to moved, seconded by Counc il woman Goodnight, that the City Council add the emergency clause and approve Ordinace No. 441, PZ 72-42, to rezone Tract A, Block 5, Glenann Addition to Local Retail. The motion carried by a vote of 6-0. PLANNING & ZONING FINAL PLAT PS 72-25, Mr. Georg~ P. Macatee III - Richland Terrace Addition. Mr. Ted Collin of Carter & Burgess, Inc. appeared before the City Council requesting approval of PS 72-25, Final Plat of Richland Terrace Addition as presented. Councilman Cato moved, seconded by Councilman Smith, that the City Council table PS 72-25, Mr. George P. Macatee, III, Richland Terrace Final Plat for further study. The motion carried by a vote of 6-0. PLANNING & ZONING PRELIMINARY PLAT CITIZEN'S PRESENTATIONS ADJOURNMENT iJ~.d City Secretary íJ.. '_...... f-:fu~ 8 PS 72-26, Sunny Meadow, 2nd Filing. Mr. John Barfield appeared before the City Council requesting approval of PS 72-26, Sunny Meadow, 2nd Filing, Preliminary Plat. Councilman Smith moved, seconded by Councilwoman Goodnight, that the City Council approve PS 72-26, Sunny Meadow, 2nd Filing, Preliminary Plat with stipulations outlined in the City Engineers letter dated October 26, 1972. The motion carried by a vote of '6-0. (Copy of Engineers letter attached to these minutes as permanent record.) None There being no further items on this agenda for consideration, Councilman Ellis moved, seconded by Councilwoman Goodnight, that the City Council meeting be adjourned. The motion carried by a vote of 6-0. ·....... ..-; COUNfi:.. ··~H·~· :'" . . ~.. :11:,\ ". ; .Ø:: ',.. .<. ·"e. ," ,'" : ,...' *. . 01; . " ' . ....~ . .. . '!'./ ..........- ì1I,l! tlJey ~ V YVJ . ~Çf . TARRANT COUNTY HEALTH DEPARTMENT t800 UNIVERSITY DRIVE FORT WORTH. TEXAS 76107 Dear Hr. Giles: November 27, 1972 G.T¡]. Giles Giles Builders 200 West Bedford-Euless Road Hurst, Texas 76051 R.:: CIŒROKES EST A Tl::S RESIDENTIAL DEVELOPI,iENT North Ilichland Hills, Texas Thap~ you for your request for information. pertinant to this departments e:1dorsement of se¡'Iage disposal facilities for the residential development· area knc1¡ffi as Cherokee Estates, North Richland Hills, Texas. .){' ~{e adhere to the following basics in our review of all new residential development proposals: 1. Existing approved water and sanitary sewage facilities should be u~ed where possible. 2. Vlhere more than one fanlil dwellinrr is involved that is subdi visi.ons are cleve oed ,an corrmrllnJ.;t ac~ ities are not in existence, we r~coraménd thatsu ject faci i.ties be estab is ed on a communitY--iv-ide or subdivision basis. ..,. , .. ,'. ...... . 3. An individual \'1ell to serve a single d\.¡elling shall be constructed in such a way as to preclude health hazards with respect to ,well casings, location of well, animal pens, septic tank, etc. 4. Individual septic tank systems should be permitted to serve single dwellings only where percolation tests, sub-soil test and topography reflect system suitability. . 5. In all areas \-¡here septic tanks are contemplated, lot sizes should be determined after representative percolation tests reveal .degree of soil suitability. We prefer that all lots contain at least . 20,000 square feet and be of such dimensions as to allow proper design of proposed lateral fields. v'le sometimes allow a reduct.ion of lot size in "har-àship" cases for isolated single family dvrellings or in low number total unit development areas. The feasibility of such reduction ho~rever, must be reflected by excellent soil suitability test and be compatible \ri th existing Qunicipal mandates. 30il test criteria submitted for Cherokee Estates does not meet minim~~ standards required for the implementation of septic tank systems. It is our opinion th,9.t the use of septic tank systems in subject ar.ea ~lÌ1I subsequently result in conditions prejudicial to the public health. I' dge 2 RE: CHE2Œ~=:::: ='STA TES R2SID=HTIAL DEVELOPI·lElrr r ~, ~. . 1 d P'll 7 .wr",n. ..1.cn. an .:J. 2., _exas ":'TI lieu of availablesani tary se\"/er service \.¡e respectfully recommend that you consider the use of a State Health Department approved, Texas 'dater ~~ality ?oard pe~itteà, central sewage treatment plant. Your enGineer should co~side~ t~e possibility of off-premise, chlorinated effluent, ti6ht line disc~arGe into nearby creek. Such proposal should be correlated ~ñth and hopefully co~patible to, projected sanitary se\.¡er proposals for the Ci tv of =:0:-~11 1ichland !Iills. .. ': n" ~r~:~~~? J . h -'-J. I...r. a. .8.:..:. , ." . ..., . 0~ ·f Sanitarian ~L'" . :J..; . pm ,... -~. 'dl (' . , - :c: ¡.r. ,-:ene ;,1.0. e, v1.ty.'.anager ,.., . .... ,.,.. t' -. hI d tJ'" 11 ""1. "y or ¡:or n '.J..C... an .1]. S _ _m~: _ <' -, KNOWLTON - RATUFF - ENGLISH - C OLUNS GONSULTING ENGINEERS FORT WORTH - AUSTIN R L,KNOWLTON, P E. WM. R. RATLIFF, P E. K. E. ENGLISH, P E, TYE COLLINS, P E. S. P. FLOWERS, P. E. ASSOC1A.TES EDDIE C. NEWSY W. A. SATTE~WHITE,.JR.,P. E. .J. RICHARD PERKINS, P. E. October 26, 1972 Planning & Zoning Commission City of North Richland Hills 4101 Morgan Circle Fort Worth, Texas 76118 Subject: 3-818, CITY OF NORTH RICHLAND HILLS, SUNNY MEADOW ADDITION Gentlemen: We have received the revised preliminary plan for the subject subdivision, and offer our comments as follows: 1. We would recommend that a minimum of 300 foot radius be used for location of fire hydrants within the portions of this plat zoned for multi-family and industrial usage, rather than the 500 foot minimum requirement for single family subdivisions. 2. In further regard to the water system, the plat indicates an 8" line in Davis Blvd. at the West boundary of the property. The Master Plan calls for a 16" line in this location, and we feel that this line should be constructed at this time. Also, the Master Plan indicates a 12" line in Shirley Drive from Newman Drive East, rather than the 6" as shown. This water line should also be constructed at this time. Further, the 6" line in Newman Drive is also indicated as a 12" line on the Master Plan. This line extends South on Newman to the street with 60 feet of right-of-way at the Southern boundary of the subdivision (no street name. indicated); and thence, West to connect to an existing 6" line in Davis Blvd. The portion of the 12" line that is in the proposed Second Filing should be constructed at this time. All water lines throughout the industrial portion of this subdivision should be 8", in lieu of the 6" size shown, for fire protection. 3. Run-off calculations, in c.f.s., are not shown for the two (2) drainage areas in the Southeastern portion of the subdivision; 600 FIRST STATE BANK BUILDING' BEDFORD. TEXAS 76021. PHONE (817) 283-6211 '. . Page 2 - 10/26/72 - Planning & Zoning Commission thereby making it difficult to determine the drainage requirements for the area. Also, the dimensions (pipe size) of all proposed drainage is not shown, as has been noted, but this is required in accordance with the Subdivision Ordinance. 4. Pearl Street (at North edge of subdivision) indicates that all storm drainage is to be carried in the street (39.1 c.f.s.) and that the street wi 11 have 8" curbs and a 6" street crown. This design is adequate only if the street grade is maintained at a minimum of 1%. Also 7" curbs are called for West of the 8" curb. Calculations should be furnished to indicate where the transition can actually take place. 5. As the storm sewer exits this property to the East at the 60' wide street at the Southeast corner of this property, a drainage ditch will be required in order to release the underground storm water. This drainage ditch will be on property not owned by the Developer; and therefore, the City should require written evidence of permission to construct such a ditch and to maintain it in that location until other arrangements are made by that property owner. This will also be required for the storm drainage structure where water exits the property near the Southwest corner. 6. The sewer line entering the manhole at the South edge of the property from the East should be an 8" line and the existing sewer shown at that location is only a 6" line. Should you need further information in regard to this review, please do not hesitate to call. Yours very truly, \\ · ILw ()~L J. ~CHARD PERKINS, P.E. JRP-hr CC: Mr. Gene Riddle, City Manager