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Home My WebLink AboutCC 1969-10-13 Minutes MINUTES OF TfŒ CITY COUNCIL M8ß'rING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, MONDAY, OCTOBER 13, 1969 AT 7:30 P.M. CALL TO ORDER The meeting of the City C01lTIcil was c~lled to order by MaJ~r Pro-tern J. R. Hubbard. ROLL CALL PRESENT: M8.yor Pro-tern: Councilmen: J. R. Hubbard P. M. Dodson Harold B. Daley Dick Faram James F. Cato J. B. Sandlin M. E. Riddle STAFF: PRESENT: City Manager, Stephen K. Sh11tt Secretary to City Manager, Donna Pairsh City Attorney, Dennis Morrow City Engineer, Vfrn. R. Ratliff Fiscal Agent, Frank Medanich Fiscal Agent, Hardy Eubanks ABSENT: Mayor: Cal vin F. Luper --- Sta ff: City Secretary, Evalyn R. Huston INVOCATION The invocation at this City Council meeting was given by Mayor Pro-tern J. R. Hubbard. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETINGS Regular City Council Meeting - September 8, 1969 Councihnan Daley moved, seconded by Councilman Sandlin, that the Minutes of the City Council Meeting of September 8, 1969 be approved as submitted. The motion carried by a vote of 6-0. Special City Council Meeting - September 27, 1969 COlIDcilman Sandlin moved, seconded by Councilman Riddle, that the Minutes of the Special City Council Meeting of September ?7, 1969 be approved as submitted. The motion carried by a vote of 4-0; with Councilmen Dodson and Daley abstaining due to absence from this meeting. CITY MANAGER'S REPORT City Manager, Stephen K. Shutt, requested that Items 9 and 15 on the agenda be moved up to the City Manager's Report. Councilman Daley mow~d, seconded by Councilman Sandlin, that Items 9 and 15 be roved up to the City Manager's Report. The motion carried by a vote of 6-0. City Manager Shutt presented Paul Cook, Attorney, to the City Council. Mr. Paul Cook appeared before the City Council to discuss whether or not the City of North Richland Hills can under law of eminent domain acquire water and sewer facilities serving this City, and in the event North Richland Hills is unable to agree with the other Cities and \~th Tarrant County Water Supply Corporation and Co-Trustees under the Trustee Indenture for acquis1.- tion of those facilities utilities by means other than condemnation, it ¡.¡as Mr. Cook's opinion that the City of North Richland Hills does have the legal power and authority to acquire water and sewer facilities utilities serving this City by condemnation if the City is unable to acquire by negotiation and voluntary purchase. Mr. Cook also stated that the three following steps need to be taken: 1. Adoption of Charter Amendment. 2. Adoption of Proposed Resolution. 3. Forward a letter notifying T.C.W.S.C. Tr11stees and Co-Trustees the intentions of the City of North Richland Hills. CounciJJI1r:m Dodson moved and reco:rrJJrencled to the Council, seconded b:{ CounciL%-'ln Daley, that the City Council pass the Resolution No. 69-14, stating the position that the City of North Richland Hills acquire b¡,r purchase eminent domain or any other lawful means all of the facilities and portions of ';mt.er and sanitary se,·rer s;ystems for T.G.~'¡.S.C. vrhich aTe necessary to serve the City of North Richlcmd Hills or 'trhich are located in the bOlmdaries of the Cit;¡r and in this recommendation include and pass the Resolution No. 69--111 as recommended by the Attorne;¡r. The motion carried by a vote of 6-0. Councilrrlan Dodson recommended, seconded by COlffiCilm'lrl Dale;)!, that the City Council authorize initial step, as reco~mended by the Attorney, for the wEiling of the letter including an offer price and stating the in- tentions of this Council to the T.C.W.S.C., the offer price being $3,335,000., Trustees and Co- Trustees. The motion carried by a vote of 6-0. CouncilID8n Dodson moved, seconded b;)r Councilman Daley, that the City Council adopt Ordinance No. 286, an Ordinance by the City Council of the City of North Richland Hills, Texas, ordering an election to be held in said City on the 15th day of November, 1969, for the purpose of subrrLitting to the qualified voters of the City of North RichÜmd HDls, for adoption or rejection, proposed a:nendment to the existing City Charter, designating t.he place -9t which said election is to be held, appointing the officers of said election, enacting provisions otherwise incident to such ordinance, and declaring an emergency. Councilman Cato moved, seconded by Councilman Riddle, that the City Council 'lmend Ordinance No. 286 +'0 include under heading, Amendment, to admend Article 5, Section 3 of the present Charter of the Ci t.y of North Richland Hills so that upon adoption thereof 8t the said electjon same shall read and provide as follov.Ts: The regular rmmicipal elections of the City of North Richland Hills shnll be held on thef'irst Tuesday of April each ye3r 1~th Cou.'1cil P18ces 1, 3, 5 :'1nd 7 being filled by said election each oòrl numbered year, and Council Places 2, /+ and 6 and Mayor being filled by said election each even nu.rnbered year, and the same shall be conducted ~md the results c13nvassed and announced by the election authorities prescribed b;)'T the general election 1a1tTS of the state of Texas and said general laws shall control in all municipal elections except as otherwise herein provided. In the April 1970 election, Places 2, 4, 6 and Mayor shall be elect.ed to a two-year term and Places 1, 3, 5 and 7 shall be elected to a one-year term. The motion failed by a vote of 2-[,; with Councilmen Dodson, Daley, Faram and SAndlin voting no and Councilmen Cato and Riddle voting yes. The original motion carried by a vote of 6-0. NORTHEAST HALL PREl,IMINARY PLAT Councilman Sandlin moved, seconded by Councilman Daley, that the City C01mcil approve the Northeast Mall PreliJrinary Plat. The motion carried by a vote of 6-0. PLANNING AND ZONING Ordinance No. 279 - PZ 69-23 - Janet Spencer Mayor Pro-tem Hubbard declared the City Council meeting to be in Public Hearing and Mr. Delbert Montgomery, representing Janet Spencer, appeared before the City Council asking for approval of this zoning request. No one in the Council Chambers appeared to speak in opposition of this rezoning. Therefore, Hayor Pro-tern Hubbard declared the Public Hearing closed. Ordinance No. 280 - PS 69-6 Cecil Johnston & J. A. BozemAn At the reg1ùar Planning and Zoning meeting held August 28, 1969, the Planning and Zoning Cow~ission, by a vote of 3-0, recommended deni,ql of this case. Mr. Johnston and Mr. Bozeman made pro~er appeal to Appear before the City Council asking for ::¡pproval of this vacating. After dis~ussion by the members of the City Cound_l, Councilrrum Cato moved, seconded by Councilman Riddle, that the CitJ, Council inst.ruct that all legal requirements be met and 8!'r8nge for ,9 Public Hearing on PS 69-6, Cecil Johnston and ,.1. A. Bozeman, at its regular Cit.;;.r Council ':1eet,ir..e; of November 2h, 1969. The motion carried by 8 vote of 6-0. Ordinance No. 281 - PZ 69-25 Cecil Johnston & J. A. Bo~eman At, the regu.lBT Plannin.e; and Zonin.e; Commission m8A.tinß held August. 28, 1969, the PlDnning and Zoning Corr:mi'3- sian, by a vote of 3-0, recow.mended denial of t.hj s case. The City Cou.ncil instructerl Hr. JohY'ston th,3+. Ordinance No. 281 'dould have to go back to the Planning and 7.oning Com:nÜssion "'_nd if Ordimmce No. 280 "ras Rpproved by the City Counc:n, t.hen Ordinance No. 281 'trOlùd be considered. Ordinance No. 282 - PZ 69-26 - Alan Hamrn Mayor Pro-tern Hubbard declared t.he City Council meeting to be in Public Hearing and Hr. Alan Hamm appeared before the City Council representing Richland Enterprises and speaking for the special zoning for a Mobil Home Park. No one in the Council Chambers appeared to speak in opposition of this zoning. Therefore, Mayor Pro-tern Hubbard declared the Public Hearing closed. Ordi.nance No. 2g3 - PZ 69-29 - John \1. Barfield Ordinance No. 2g4 - PZ 69-30 - John W. Barfield Ordinance No. 285 - PZ 69-31 - L. L. Chapman Mayor Pro-tem Hubbard declared the City Council meeting to be in Public Hearing on Ordinances No. 283, 281+ and 285, and þÆ.r. John ~.¡. Barfield appeared before the City Council speaking for these zoning cases and representing Mr. L. L. Chapman. Mr. tJoe Barnett of 6000 Davis Blvd. appeared before the City Council asking the Council not to pass t.hese ordinances \~th the emergency clauses 1mtH the Citizen Presentation is considered. No one in the Council Chambers appeared t.o speak in opposition of this zoning case. Therefore, Mayor Pro-tem Hubbard declared the Public Hearing closed. 5 MINUTE RECESS Cotmcilman Dodson moved, seconded by Councilman Faram, that the City Council listen to Mr. R. L. Y01mg in regards to the creek above Maplewood. The motion carried by a vote of 6-0. Mr. R. L. Young of 7416 Jade Circle appeared before the City Council stating that the creek running behind his house, between Jade Circle and Cummings Drive, has stagnated 1¡vater and roosquitoes. The City C011.Ylcil requested the City Manager to notify Tarrant County Water Supply Corporation and to give periodical reports to the Council regarding this problem. CITIZEN PRESENTATION Joe Barnett -- IF-7 Zoning Mr. Joe Barnett of 6000 Davis Blvd. appeared before the City Council regarding IF-7 Zon.tng. Mr. Barnett stated that this zoning is a non-conforming use ?nd \.¡ould have a tendency to deteriorate t.he comrnu."li ty. CITY ATTORNEY'S fu~PORT City Attorney Dennis Morrow asked that the C01mciJ delete his report from the agenda. CITY ENGINEER City Engineer William R. Ratliff appeared before the City Council to explain the following contractor's est.imate and Contracts. CONTRACTOR'S ESTIM~TE CIP 3-306 - Orval Hall Excavating Richland Oaks Project - Estimate #5 Councilman Riddle moved, seconded by Councilman Faram, that the City Council authorize approval for payment of 3-306, Orval Hall Excavating, Estimate #5, in the amount of $22,77h.09, as recommended by the Consulting Engineers. The rootion carried by a vote of 6-0. CONTRACT #5 - - Extension of Holiday Lane, Tourist Drive, Onyx: Drive South and East End of Harr,vood Road Councilman Riddle moved, seconded by Councilman Dodson, that the City Council approve the plans and advertise for bids as recommended by the City Engineer. The motion carried by a vote of 6-0. CONTRACT #7 - - Mackey Creek Drainage City Engineer i~m. R. Ratliff advised the Council that this contract was not prepared for consideration at this time. ORDINANCE NO. 287 APPOINTMENT OF MUNICIPAL COURT CLERK Councilman Cato moved, seconded by Councilman Faram, that the City Council approve Ordinance No. 287. The motion carried by a vote of 6-0. ADJOURNMENT There being no further it.ems on the agenda for consideration, CounciLwn Faram moved, seconded by Councilman Sandlin, that the City C01fficil meeting be adjourned. The motion carried bJ7 a vote of 6-0. (7~~~ l-f.AYOR 7 ATTEST: {j~G?~ CITY SECRETARY