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HomeMy WebLinkAboutCC 1972-12-11 Minutes CALL TO ORDER ROLL CALL INVOCATION APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING BONDS - CIP 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, DECEMBER 11, 1972, AT 6:15 P.M. The regular 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. PRESENT: Mayor: Councilmen: Marion L. Massey Lloyd McKinney Norman Ell is Dick Faram Walter Smith Tom E. Newman James F. Cato JoAnn Goodnight Councilwoman: STAFF PRESENT: Ci ty Manager: Secretary: M. E. Riddle Jeanette Moore ABSENT: City Secretary: Ci ty Attorney: City Engineer: Donna Pairsh Tim Truman Dick Perkins The invocation at this regular City Council meeting was given by Mayor Marion L. Massey. City Council Meeting - November 27, 1972 Councilman Smith moved, seconded by Councilman Newman, that the City Council approve the Minutes of the Regular City Council Meeting of November 27, 1972, as presented. The motion carried by a vote of 7-0. Authorization to sell bonds for Capital Improvements Program. Councilman Faram moved, seconded by Councilman McKinney, that the City Council authorize selling of bonds for Capital Improvements Program at $25,000.00 principal per year starting in 1976. The motion carried by a vote of 7-0. MAYOR'S PRESENTATION BIDS - CIP ORDINANCE NO. 437 CHEROKEE ESTATES TREATMENT PLANT 2 Mayor Marion L. Massey presented City Manager Riddle with a plaque on behalf of the City from the Haltom-Richland Chamber for having the most authentic table decoration at the recent Haltom-Richland Area Chamber banquet. Consideration of accepting bids for Contract #12, Capital Improvements Program. After discussion, Councilman Ellis moved, seconded by Councilman McKinney, that the City Council accept the low bid of Shaw Construction Company, Contract 12, CIP, Alternate II, with the option of going back to Alternate I. The motion carried by a vote of 7-0. ORDINANCE amending Ordinance No. 406, establishing regulations covering industrial wastes. (2nd reading) Mayor Massey presented the following ordinance for consideration: IIORDINANCE NO. 437 AN ORDINANCE ESTABLISHING REGULATIONS COVERING INDUSTRIAL WASTES; DEFINING TERMS PROHIBITING SOME WASTES; PROVIDING LIMITS FOR B.O.D., TEMPERATURE, 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 PENALTY; PROVIDING FOR METHOD OF PUBLICATION AND EFFECTIVE DATE; AND CONTAINING A SEVERABILITY CLAUSLII Councilman Cato moved, seconded by Councilwoman Goodnight, that the City Council approve Ordinance No. 437, amending Ordinance No. 406, establishing regulations covering industrial wastes. The motion carried by a vote of 7-0. Mr. Homer Giles appeared before the City Council requesting a letter from our engineer of endorsement by the City for Cherokee Estates Treatment Plant. The City Council authorized the City Manager to direct the City Engineer to furnish a letter of endorsement by the City for Cherokee Estates treatment plant, as requested. CONTRACTOR1S ESTIMATE CONTRACTOR'S ESTIMATE GLENVIEW AND HWY. 121 PLANNING & ZONING APPEAL HEARING 3 H. M. Huffman Construction Company Partial Payment #3 Glenann Addition water and sewer improvements $22,178.70 Councilman Smith moved, seconded by Councilman Cato, that the City Council approve payment to H. M. Huffman Construction Company, partial payment #3, in the amount of $22,178.70, for Glenann Addition water and sewer improvements. The motion carried by a vote of 7-0. Allison and Henry Contractors, INc. Estimate #2 and Final Johns Addition water improvements $8,162.00 r Councilman Ellis moved, seconded by Councilman McKinney, that the City Council approve payment to Allison and Henry Contractors, Inc., estimate #2 and final, in the amount of $8,162.00, for Johns Addition water improve- ments. The motion carried by a vote of 7-0. Consideration of proposed signalization and rechanneli- zation of Glenview Drive and Highway 121. Councilman Cato moved, seconded by Councilman Newman, that the City Council table consideration of proposed signalization and rechannelization of Glenview Drive and Highway 121 for further study. The motion carried by a vote of 7-0. PZ 72-40, request of L. D. Kemp and Mike Brackney to rezone 1.50 acres out of the Stephen Richardson Survey from Local Retail to Commercial. Mayor Massey declared the meeting in public hearing to consider appeal hearing on PZ 72-40 and called for all interested persons present to speak for this rezoning request. Mr. Mike Brackney appeared before the City Council advising that the purpose of this zoning request was to move their office to this location as they have three trucks and tractors and do some concrete construction and requesting approval of PZ 72-40. There being no further persons present wishing to speak for PZ 72-40, Mayor Massey called for all interested persons present to speak against this rezoning request. 4 Mr. Calvin Luper, representing Alan Hamm and John Sandlin, appeared before the City Council opposing PZ 72-40 as homes are planned to be constructed in this area. There being no further persons present wishing to speak against PZ 72-40, Mayor Massey declared the public hearing on the appeal hearing of PZ 72-40 closed. Councilman Smith moved, seconded by Councilman McKinney, that the City Council reverse the decision of the Planning & Zoning Commission and approve PZ 72-40, to rezone 1.50 acres out of the Stephen Richardson Survey to Commercial. The motion failed by a vote of 6-1; Councilmen McKinney, Ellis, Faram, Cato and Newman and Councilwoman Goodnight voting against; Councilman Smith voting for. PLANNING & ZONING FINAL PLAT PS 72-28, Briarwood Estates Mr. O. D. Long appeared before the City Council advising that Briarwood Estates has complied with the City Engineers and that all the homes would be a minimum of 1,500 square feet. Councilman Cato moved, seconded by Councilman McKinney, that the City Council approve PS 72-28, Briarwood Estates Final Plat upon compliance with City Engineers. The motion carried by a vote of 7-0. CITIZENS I PRESENTATIONS None ADJOURNMENT There being no further items on this agenda for consideration, Councilman Newman moved, seconded by Councilman Cato, that the City Council Meeting of December 11, 1972, be adjourned. The motion carried by a vote of 7-0. n ) R~£ SECR~~ 6 CONTRACTOR'S ESTIMATE S. M. Farquhar & Company Estimate #2 Booster pump station improvements $7,094.10 c~ Councilwoman Goodnight moved, seconded by Councilman Ellis, that the City Council approve payment to S. M. Farquhar & Company, Estimate #2, in the amount of 37,094.10, as recommended by our City Engineers. The motion carried by a vote of 6-0. CONTRACTOR'S ESTIMATE H. M. Huffman Construction Company Estimate #2 & Final Booth Calloway to Riviera Water Line $9,069.16 Councilman Ellis moved, seconded by Councilwoman Goodnight, that the City Council approve payment to H. M. Huffman Construction Company, Estimate #2 and Final, in the amount of $9,069.76, as recommended by our City Engineers. The motion carried by a vote of 6-0. CONTRACTOR'S ESTIMATE Elm Fork Construction Company Estimate #2 Calloway Branch Outfall Sewer $79,627.36 Councilman Newman moved, seconded by Councilwoman Goodnight, that the City Council approve payment to Elm Fork Construction Company, Estimate #2, in the amount of $79,627.36, as recommended by our City Engineers. The motion carried by a vote of 6-0. CONTRACTOR'S ESTIMATE Chicago Bridge & Iron Company Estimate #2 & Final North Hills Reservoir $16,990.00 Councilman McKinney moved, seconded by Councilman Newman, that the City Council approve payment to Chicago Bridge & Iron Company, Estimate #2 and Final, in the amount of $16,990.00, as recommended by our City Engineers. The motion carried by a vote of 6-0. PLANNING & ZONING PZ 72-18, request of Stonybrooke, Inc. to rezone 4.7 acres out of the o. Rumfield Survey and 2.3 acres out of the J. B. Edens Survey from Agriculture to IF-l2 One Family Dwelling. Second Reading 7 PZ 72-19, request of Stonybrooke, Inc. to rezone 46.5 acres out of the J. B. Edens Survey from Agriculture to IF-9 One Family Dwelling. Second Reading PZ 72-21, request of Stonybrooke, Inc. to rezone 7.9 acres out of the J. B. Edens Survey from Agriculture to Commercial. Second Reading PZ 72-22, request of Stonybrooke, Inc. to rezone l2 acres out of the W. D. Barnes Survey from Agriculture to Commercial. Second Reading PZ 72-23, request of Stonybrooke, Inc. to rezone 2.1 acres out of the William Cox Survey from Agriculture to Commercial. Second Reading Mayor Massey declared the Public Hearing open to consider PZ 72-18, PZ 72-l9, PZ 72-2l, PZ 72-22 and PZ 12-23 at this time, and called for interested persons present to speak for these proposed zoning changes. Mr. Loren Howerton, representing Stonybrooke, Inc., appeared before the City Council requesting approval of PZ 12-18, PZ 72-l9, PZ 72-21, PZ 72-22, and PZ 72-23. There being no further person wishing to speak for these zoning requests, Mayor Massey called for interested persons present to come forward to speak against these zoning cases. There being no one present wishing to speak against PZ 72-l8, PZ 72-l9, PZ 72-2l, PZ 72-22, and PZ 72-23, Mayor Massey declared the Public Hearing on PZ 72-18, PZ 72-19, PZ 72-21, PZ 72-22, and PZ 72-23, second reading closed. Councilman Newman moved, seconded by Councilman Ellis, that the City Council approve Ordinance #410, PZ 72-18, rezoning 4.7 acres out of the o. Rumfield Survey and 2.3 acres out of the J. B. Edens Survey from Agriculture to IF-12 One Family Dwelling, with the stipulation that the minimum square foot would be 1800 square foot homes, which was agreed by Mr. Loren Howerton. The motion carried by a vote of 6-0. Councilman Faram moved, seconded by Councilman Ellis, that the City Council approve Ordinance #411, PZ 72-l9, rezoning 46.5 acres out of the J. B. Edens Survey from Agriculture to IF-9 One Family Dwelling with the stipulation that 20% of the lots will be 1500 square foot homes, and 60% of lots would be 1400 square foot homes, which was agreed by Mr. Loren Howerton. The motion carried by a vote of 6-0. PLANNING & ZONING PLANNING & ZONING 8 Councilman Faram moved, seconded by Councilman Ellis, that the City Council approve Ordinance #4l2, PZ 72-21, rezoning 7.9 acres out of the J. B. Edens Survey from Agriculture to Commercial. The motion carried by a vote of 6-0. Councilman Smith moved, seconded by Councilman Ellis, that the City Council approve Ordinance # 413, PZ 72-22, rezoning l2 acres out of the W. D. Barnes Survey from Agriculture to Commercial. The motion carried by a vote of 6-0. Councilman Newman moved, seconded by Councilman Smith, that the City Council approve Ordinance # 4l4, PZ 72-23, rezoning 2.l acres out of the William Cox Survey from Agriculture to Commercial. The motion carried by a vote of 6-0. PZ 72-24, request of Sabine Valley Lumber Company to rezone 1.394 and 1.028 acres out of the R. P. Barton Survey from 2F-9 Two Family Dwelling to Neighborhood Retail. Second Reading Mayor Massey declared the Public Hearing open to consider PZ 72-24 and called for interested persons present to come forward to speak for this zoning case. Mr. David Ritz, representing Sabine Valley Lumber Company, appeared before the City Council requesting approval of case PZ 72-24. There being no further persons present wishing to speak for PZ 72-24, Mayor Massey called for interested persons present to come forward to speak against this zoning request. There being no one wishing to speak against this zoning request, PZ 72-24, Mayor Massey declared the Public Hearing on PZ 72-24, second reading, closed. Councilman Ellis moved, seconded by Councilman Faram, that the City Council approve Ordinance # 415, PZ 72-24, rezoning 1.394 and l.028 acres out of the R. P. Barton Survey from 2F-9 Two Family Dwelling to Neighborhood Retail. The motion carried by a vote of 6-0. FIVE MINUTE RECESS PZ 72-25, request of John Barfield to rezone 20.23l7 acres out of the John Barlough Survey from Agriculture to IF-7 One Family Dwelling. First Reading Mayor Massey declared the Public Hearing, first reading on PZ 72-25, open and called for interested persons present to come forward to speak for PZ 72-25. PLANNING & ZONING 9 Mr. Joe Spurlock II, Attorney representing John Barfield, appeared before the City Council requesting approval of Planning and Zoning case PZ 72-25. There being no further persons present wishing to speak for this zoning request, Mayor Massey called for interested persons present to come forward to speak against PZ 72-25. Mr. Wendell Williams, 8132 Newman Drive, appeared before the City Council opposing PZ 72-25 to be changed to IF-7 One Family Dwelling. Mr. Williams stated that the property owners in this area have 1800 and better square foot homes and he hoped that Mr. Barfield would develop a higher zoning. Mr. Williams presented a petition from property owners within 200 feet of this property proposed for IF-7 One Family Dwelling. Mr. Williams also advised the Council that Mr. Joe Barnett, owner of the property north of the property proposed for Industrial, case PZ 72-26, would not give his permission or sell his property for an access road to this proposed Industrial Zoning. (Petition attached to these minutes as permanent record.) Mr. Don Edwards, 8128 Newman Drive, appeared before the City Council opposing PZ 72-25 to be changed to IF-7 One Family Dwelling because all property owners in this area have larger homes and would like for larger homes to be built, as possibly would like to build onto his own home. Mr. Joe Spurlock, II, appeared before the City Council again advising that it would not be necessary to obtain Mr. Joe Barnett's permission to have access to the property proposed Industrial, case PZ 72-26. There being no further persons present wishing to speak for or against PZ 72-25, Mayor Massey declared the Public Hearing, first reading, on PZ 72-25 closed. PZ 72-26, request of John Barfield to rezone 42.2317 acres out of the John Barlough Survey from Agriculture to Industrial. First Reading Mayor Massey declared the Public Hearing, first reading, on PZ 72-26 open and called for interested persons present to come forward to speak for this PZ 72-26. Mr. Joe Spurlock, II, appeared before the City Council requesting approval of PZ 72-26, stating Industrial zoning would be the highest and best use for this property. There being no further persons present wishing to speak PLANNING & ZONING PLANNING & ZONING lO for PZ 72-26, Mayor Massey called for interested persons present to come forward to speak against PZ 72-26. Mr. Charles Newman, 6301 Frieda, appeared before the City Council opposing the rezoning of PZ 72-26 to Industrial. There being no further persons present wishing to speak against PZ 72-26, Mayor Massey declared the Public Hearing, first reading, on PZ 72-26 closed. PZ 72-27, request of A. W. Crisp, Jr. to rezone 6.5281 acres out of the S. Richardson Survey from Agriculture to Local Retail. First Reading Mayor Massey declared the Public Hearing, first reading, on PZ 72-27 open and called for interested persons present to come forward to speak for or against PZ 72-27. There being no one present wishing to speak for or against PZ 72-27, Mayor Massey declared the Public Hearing, first reading, on PZ 72-27 closed. PZ 72-28, request of Eugene F. Wigley to rezone Lot 11, Edgley Addition from IF-9 One Family Dwelling to Local Retail. First Reading Mayor Massey declared the Public Hearing, first reading, on PZ 72-28 open and called for interested persons present to come forward to speak for PZ 12-28. Mr. Eugene F. Wigley, 3700 Ruth Road, appeared before the City Council requesting approval of PZ 12-28 to move Richland Hills Flower Shop from its present location to 4714 Wilman, with the emergency clause added. There being no further persons present wishing to speak for PZ 72-28, M~or Massey called for interested persons to come forward to speak against PZ 72-28. There being no one present wishing to speak against this rezoning, Mayor Massey declared the Public Hearing, first reading, on PZ 72-28 closed. Councilwoman Goodnight moved, seconded by Councilman Newman, that the City Council add the emergency clause to Ordinance # 421 and approve PZ 72-28, request of Eugene F. Wigley to rezone Lot ll, Edgley Addition to Local Retail with the emergency clause added. The motion carried by a vote of 6-0. 11 PLANNING & ZONING PZ 72-29, request of Carl starr to rezone three tracts out of the M. Lynch Survey from Local Retail to IF-1 One Family Dwelling. First Reading Mayor Massey declared the Public Hearing, first reading, on PZ 72-29 open and called for interested persons present to come forward to speak for PZ 72-29. Mr. Carl starr, 612 Plainview, Hurst, Texas, appeared before the City Council requesting approval of PZ 72-29 and requesting that the emergency clause be added. There being no further persons present wishing to speak for PZ 72-29, Mayor Massey called for interested persons present to come forward to speak against this rezoning request. There being no one wishing to speak against PZ 72-29, Mayor Massey declared the Public Hearing, first reading, on PZ 72-29 closed. Councilman Smith moved, seconded by Councilman McKinney, that the City Council add the emergency clause to Ordinance # 422 and approve PZ 72-29, request of Carl Starr to rezone three tracts out of the M. Lynch Survey to IF-7 One Family Dwelling with the emergency clause added. The motion carried by a vote of 6-0. PLANNING & ZONING PS 72-11, Village Properties & Associates Final Plat of Northridge Addition. Councilman Ellis moved, seconded by Councilwoman Goodnight, that the City Council approve PS 72-11, Final Plat of Northridge Addition subject to the following: (1) (2) (3) Assessment being paid Extra width amount being paid Pro rata share of water line being paid The motion carried by a vote of 5-1; Councilman Newman voting against; Councilmen McKinney, Ellis, Faram, Smith and*~1;'o and Councilwoman Goodnight voting for. COUNCIL POLICIES Councilman Faram requested the City Manager to prepare Council Policy that all delinquent taxes and assessments that are due be paid and any other liability due the City before presentation before the board and comissions and City Council. PLANNING & ZONING PS 72-12, Diamond Loch East Subdivision Final Plat Mr. David Ritz of Sabine Valley Lumber Company appeared before the City Council requesting approval of Diamond Loch East Subdivision Final Plat. *These minutes were approved excluding Councilman Cato's name as he was not present at this meeting. 12 Councilman Ellis moved, seconded by Councilman McKinney, that the City Council approve PS 72-12, Diamond Loch East Subdivision final plat, subject to Consulting Engineer's letter of June 6, 1972, as follows: "We have received the construction plans for Unit 2 of Diamond Loch Addition, and furnish our comments as follows: 1. We would recommend that Suncrest Court be extended across the TESCO easement to connect with the Haltom City street in order that this section not be left unimproved. 2. If this Developer has not previously furnished his share of the construction cost of Glenview Drive, it would be our recommendation that those funds be collected at this time. 3. I do not believe that the existing water lines in Glenview Drive are completely shown on this plan, and we would request that they be shown in their entirety, so that we may determine what additional lines are necessary by this Developer and what pro-rata share of costs will be due the City for the lines that now exist. 4. The two commercial tracts on G1enview Drive are not shown to be serviced by water or sewer. If these two tracts are to be included in this plat, the service should be shown on these plans. 5. No concrete valleys are shown on this set of plans and should be provided at all intersections where surface water is expected to cross asphalt. 6. Fire coverage radii are not shown, and we would suggest addition of this information for the benefit of your Fire Chief's analysis of this water system. As soon as the items requested above have been furnished, we can furnish you a recommended approval of these plans. If we can be of further service to you in your processing this addition, please do not hesitate to call. sf Wm. R. Ratliff, P.E." The motion as stated above carried by a vote of 6-0. CITIZENS' PRESENTATIONS Mrs. Beverly Cooper 5129 Cloyce Court 281-8392 Re: Water Leaks ,-7 13 Mrs. Beverly Cooper appeared before the City Council advising that this was her 5th complaint in three years that the City water line in her front yard is constantly being repaired for leaks. Mayor Massey directed the City Manager to have the Utility Department Director personally Gee what corrective action can be taken to prevent these constant repairs. ITEflf ADDED TO AGENDA NORTH HILLS SEw'ER LINE BET\v'EEN HALTOM CITY AND NORTH RIGHLAND HILLS Councilman Faram moved, seconded by Councilman Newman, that the City Council consider problem of North Hills sewer line between Haltom City and North Richland Hills. The motion carried by a vote of 6-0. Ccuncilman Faram moved, seconded by Councilman Newman, that the City Council approve drainage work to replace the storm drain and request Haltom City to enter into a joint venture on a fift;y, fift;y basis. The motion carried by a vote of 6-0. A DJ C'VRNl'/'F,NT There being no further items for consideration, Councilman Smith moved, seconded by Councilman Faram, that the City Council meeting be adjourned. The motion carried by a vote of 6-0. ~~) {¿J CITY SECRETARY