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HomeMy WebLinkAboutCC 1982-01-11 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JANUARY 11, 1982 - 7:30 P.M. 1. Mayor Faram called the meeting to order January 11, 1982, at 7:30 P.M. 2. Present: Dick Faram J. C. Hubbard Wiley Thomas Jim Ramsey Dave Freeman Sharyl Groves Staff: Dennis Horvath Jeanette Moore Richard Albin Cecil Forester Margie Nash ABSENT: Jim Kenna Jim Wood Rex McEntire Mayor Councilmen Councilwoman CALL TO ORDER ROLL CALL Acting City Manager City Secretary City Engineer Director Public Works/Utility Planning & Zoning Member Councilman Councilman City Attorney 3. Councilwoman Groves introduced Master Mathew Porter who gave the invocation. 4. Councilman Thomas moved, seconded by Councilwoman Groves, to approve the minutes of the regular meeting December 14, 1981. Motion carried 5-0. 5. Councilman Ramsey moved, seconded by Councilman Thomas, to approve the minutes of the Special meeting January 5, 1982. Motion carried 5-0. Rex McEntire, City Attorney, is now present. 6. Mayor Faram presented Jeanette Carson with a certificate for ten years of service in the Utility Department. 7. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval subject to the City Engineers' comments, FIA Review, Texas Department of Water Resources review, subject to Director Public Works Letter of December 9th & 16th, 1981, and sprigging the slopes. I NVOCA TI ON APPROVAL OF MINUTES OF THE REGULAR ME ETI NG DECEMBER 14, 1981 APPROVED APPROVAL OF MINUTES OF THE SPECIAL MEETING JANUARY 5, 1982 APPROVED PRESENTATION OF TEN YEAR CERTIFICATE AND SERVICE PIN TO JEANETTE CARSON - UTILITY DEPARTMENT PLANNING & ZONING PS 81-62, REQUEST FOR FINAL PLAT OF WALKERS BRANCH ADDN. APPROVED Mayor Faram asked the Staff if all the requirements had been met. Mr. Albin stated it was his belief that all the requirements had been met by the developer that were presented in the Sub-division Ordinance. Mr. Albin stated there were some differences of opinion. Mayor Faram asked Mr. Albin if all of his requirements had been met. Mr. Albin stated yes. There had been some questions brought up concerning how far downstream the developer was required to carry his study. Mr. Albin stated he personally felt the developer had gone far enough downstream to satisfy the requirements of this particular development. Mayor Faram asked if there were any problems in meeting his requirements and the letter from the Public Works Director of December 9th and 16th. Mr. Albin stated there were no problems. Councilwoman Groves moved, seconded by Councilman Thomas, to approve PS 81-62, subject to the requirements mentioned above. Councilwoman Groves asked Mr. Albin if items #9, #16, #17, and #21 in his letter of November 10th had been met. Mr. Albin stated yes. Item #17 was an item that he suggested be cleared through the Fire and Police Departments because of the distance between Emerald Hills Way and the Grapevine Highway was greater than 1000 feet and the Ordinance requires the minimum distance be 1000 feet. Councilwoman Groves asked if the Police and Fire Departments had any comment on this item. Mr. Albin stated he did not think they had any objections. Mr. Albin stated that item #21 concerned fire protection coverage for the entire platted area. Mr. Albin stated this had not been provided, but it was his understanding the developer had provided fire protection for the area where insurable risks or structures were to be built. As additional structures were added additional fire protection would be provided. Councilwoman Groves asked if the developer had written a letter so stating he would provide the protection as needed. Mr. Albin stated the developer had addressed that in his letter of December 9th. January 11, 1982 Page 2 January 11, 1982 Page 3 Mayor Faram asked what assurance the city would have, once the plat was approved, that fire protection would be provided. Mr. Albin stated he assumed that would be taken care of during the building permit review process. Motion to approve carried 4-1; Councilmen Hubbard, Ramsey, Freeman and Thomas voting for; Councilwoman Groves voting against. 8. Mayor Faram opened the public hearing and called for anyone present wishing to speak in favor of this request to please come forward. Steven Ginsburg, Attorney, representing Gulf Oil, appeared before the Council. PLANNING & ZONING - PUBLIC HEARING, PZ 81-40, REQUEST OF GULF OIL CORPORATION TO REZONE BLOCK 4, SNOW HEIGHTS NORTH ADDITION FROM LOCAL RETAIL TO LOCAL RETAIL SPECIFIC USE- SALE OF BEER FOR OFF- PREMISE CONSUMPTION Mr. Ginsburg stated Gulf had built the station to sell gas and related products. Mr. Ginsburg stated Gulf also had the public convenience in mind and tried to meet the demand for nonpetroleum products. Mr. Ginsburg stated that at many self service stations in the metroplex a number of grocery related products were sold through Gulf outlets including such products as bread, milk, cigarettes and other sundries. Mr. Ginsburg stated another product that was marketed at locations where it was legal to do so was beer for off-premise consumption. Mr. Ginsburg stated that it was hoped that this location would be approved for a Specific Use permit. Mr. Ginsburg stated that as he understood the zoning map there were several other locations up and down Rufe Snow that had Specific Use permits including some that were relatively close to their site. Mr. Ginsburg stated he respectfully requested the Council to approve this request on the following grounds: help use the land to its fullest extent; convenience of the public; for greater revenues for the store and taxing authorities; and to help the site remain competitive. Councilman Hubbard asked Mr. Ginsburg if he had anyone complain to him about the service at this location. Mr. Ginsburg stated he would have to ask Mr. Gene Hill, Manager for Gulf. Councilman Hubbard stated that on Sunday afternoon he was in the station and asked the lady if the air pressure was down for some reason and she informed him quickly that there were two stations across the street if I did not like her service. Mr. Hill stated that lady no longer was with the company. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. There being no one wishing to speak, Mayor Faram closed the public hearing. 9. Councilman Freeman moved, seconded by Councilman Thomas, to deny PZ 81-40. Councilman Ramsey asked Councilman Freeman his reason for denial. Councilman Freeman stated one reason was the closeness of the school. Motion to deny carried 3-2; Councilmen Freeman and Thomas and Councilwoman Groves voting for; Councilmen Ramsey and Hubbard voting against. 10. Mayor Faram stated Councilman Freeman had been appointed to work with the Staff on the insurance and asked him for a report. Councilman Freeman stated that on January 5th bids were taken for the property insurance and two bids were received. Councilman Freeman stated Alexander and Alexander Insurance Company were the low bidders, therefore, he recommended the bid of Alexander and Alexander. Councilman Freeman moved, seconded by Councilman Ramsey, to approve the bid of Alexander and Alexander for the city's property insurance. Motion carried 5-0. Councilman Ramsey stated he would like to show his gratitude to Councilman Freeman for his effort put forth on this project. 11. Mayor Faram advised the Council the Staff had recommended the bid of R. E. Dow and Sons in the amount of $61,933.00. Councilman Freeman moved, seconded by Councilwoman Groves, to approve the bid of R. E. Dow and Sons in the amount of $61,933.00 Motion carried 5-0. 12. Mayor Faram stated the Staff had recommended the bid of Merkle Construction Company in the amount of $7,946.00. Councilman Freeman moved, seconded by Councilwoman Groves, to approve the bid of Merkle Construction Company in the amount of $7,946.00, work to be completed in 45 days. Motion carried 5-0. January 11,1982 Page 4 CONSIDERATION OF ORDINANCE FOR PZ 81-40 DEN I ED CONSIDERATION OF AWARDING BID FOR PROPERTY INSURANCE APPROVED CONSIDERATION OF BIDS FOR CONN STREET GROUND STORAGE TANK REPAIR AND PAINTING APPROVED CONSIDERATION OF BID FOR VALVE AND PIPE WORK AT CONN STREET BOOSTER STATION APPROVED 13. Councilman Freeman moved, seconded by Councilman Ramsey, to approve partial payment, estimate #1, in the amount of $104,868.98, to Austin Road Company for Rufe Snow Drive. Motion carried 5-0. 14. Councilman Thomas moved, seconded by Councilwoman Groves, to approve partial payment, estimate #2, Rufe Snow Drive, to Austin Road Company in the amount of $72,108.32. Motion carried 5-0. 15. Councilman Freeman moved, seconded by Councilman Ramsey, to approve partial payment, estimate #6, Booth Calloway Road, to Austin Road Company in the amount of $38,979.49. Motion carried 5-0. Mayor Faram asked Mr. Albin when the project would be complete. Mr. Albin stated approximately February 21, 1982. 16. Councilman Freeman moved, seconded by Councilman Ramsey, to approve partial payment, estimate #7, to Austin Road Company in the amount of $123,127.35. Motion carried 5-0. 17. Mayor Faram stated he had conversations with the presidents of two local banks and they indicated that all of the banks in Tarrant County were joined together as plaintiffs against the taxing entities within the County. Mayor Faram stated that at the time of discussion, the lawsuit in Dallas had not been resolved, but they thought there would be no real bearing either way on this lawsuit in Tarrant County. Mayor Faram stated that in the discussion the banks agreed they would go ahead and pay the taxes and let the entities keep all of the interest that was accrued over that period of time until final settlement is made after the lawsuit. Mayor Faram stated he was suggesting that the Council agree that the money be placed in some sort of committed area so it did not get absorbed in the budget. Mayor Faram stated he would prefer to put the money in a separate holding account. January 11, 1982 Page 5 CONSIDERATION OF PARTIAL PAYMENT ESTIMATE #1, RUFE SNOW DRIVE, TO AUSTIN ROAD COMPANY IN THE AMOUNT OF $104,868.98 APPROVED CONSIDERATION OF PARTIAL PAYMENT ESTIMATE #2, RUFE SNOW DRIVE, TO AUSTIN ROAD COMPANY IN THE AMOUNT OF $72 ,108.32. APPROVED CONSIDERATION OF PARTIAL PAYMENT ESTIMATE #6, BOOTH CALLOWAY ROAD TO AUSTIN ROAD COMPANY . IN THE AMOUNT OF $38,979.49 APPROVED CONSIDERATION OF PARTIAL PAYMENT ESTIMATE #7, BOOTH CALLOWAY ROAD, TO AUSTIN ROAD COMPANY IN THE AMOUNT OF $123,127.35 APPROVED CONSIDERATION OF RESOLUTION ESCROWING TAXES FROM LOCAL BANKS UNTIL LITIGATION IS RESOLVED RESOLUTION NO. 82-3 APPROVED Councilman Ramsey moved, seconded by Councilwoman Groves, to approve Resolution No. 82-3. Councilman Freeman asked if this money was already appropriated in this budget for the 1982 tax year. City Attorney McEntire stated he did not believe the tax on bank shares was included in the projected revenues. After further discussion, Mayor Faram stated that he suggested this information be researched to find out whether or not it was built into the budget for this year and to assign the staff the responsibility of protecting that amount of money. Mayor Faram stated that if it was not budgeted, ear mark it and have it for an investment earning. Motion carried 4-1; Councilmen Freeman, Hubbard, Ramsey and Thomas voting for; Councilwoman Groves voting against. 18. Councilman Ramsey moved, seconded by Councilwoman Groves, to approve Resolution No. 82-4. Councilman Freeman asked if the persons named in the resolution would be physically signing the check. Mayor Faram stated the passage of this resolution would only remove the former City Manager as an authorized signature. Motion carried 5-0. 19. Councilman Freeman moved, seconded by Councilman Ramsey, for ratification of Resolution No. 82-2. Motion carried 5-0. 20. Councilman Thomas moved, seconded by Councilman Freeman, to approve partial payment, estimate #1, Rufe Snow Storm Drain Construction in the amount of $200,103.63. Motion carried 5-0. 21. None. January 11, 1982 Page 6 CONSIDERATION OF RESOLUTION AUTHORIZING CERTAIN PERSONS TO SIGN CHECKS RESOLUTION NO. 82-4 APPROVED CONSIDERATION OF RATI FI CATION OF RESOLUTION NO. 82-2 APPROVED CONSIDERATION OF PARTIAL PAYMENT ESTIMATE #1, RUFE SNOW-HOLIDAY WEST STORM DRAIN CONSTRUCTION IN THE AMOUNT OF $200,103.63 APPROVED CITIZEN PRESENTATION Mayor Faram stated he felt obligated to inform the Council of some information that was given to him just prior to the meeting. Mayor Faram stated it was with regret that he had to read the following letter addressed to the Mayor and Council. "Unfortunately I' I must inform you that I wi 11 have to resign effective midnight, January 25, 1982. It is my utmost wish to continue to support you during this trying period, but unfortunately, the pressures of my new position are such that they warrant I must make this move now. II Councilman Jim Wood Place Three Mayor Faram stated he knew there was no action to be taken on this tonight and had not had an opportunity to contact Councilman Wood but felt obligated to read the letter. 22. Mayor Faram adjourned the meeting of January 11, 1982. / ¿~ D~ Faram,~1ayor ATTEST: January 11,1982 Page 7 ANNOUNCMENT ADJOURNMENT