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HomeMy WebLinkAboutCC 1982-04-12 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, APRIL 12, 1982 - 7:30 P.M. 1. Mayor Faram called the meeting to order April 12, 1982, at 7:30 p.m. 2. Present Dick Faram Jim Kenna J. C. Hubbard Jim Ramsey Dave Freeman Sharyl Groves Staff: Rodger Line Jeanette Moore Rex McEntire Dennis Horvath Richard Albin Margie Nash Press: Les Harper Denise Morris Absent: Wiley Thomas CALL TO ORDER Mayor ROLL CALL Councilmen Councilwoman City Manager City Secretary City Attorney Assistant City Manager City Engineer Planning and zoning Member Fort Worth Star-Telegram Mid-Cities Daily News Councilman 3. The invocation was given by Reverend Fullenwilder, Richland Hills Church of Christ. INVOCATION 4. Councilwoman Groves moved, seconded by Councilman Kenna, to approve the minutes of the March 22, 1982 meeting. Motion to approve carried 5-0. APPROVAL OF MINUTES OF THE REGULAR MEETING OF MARCH 22, 1982 APPROVED Councilman Hubbard stated that he had been informed that Mr. Vic Smith had put in considerable time on the insurance specifications and wanted this added to the minutes and Mr. Smith recognized for his efforts. April 12, 1982 Page Two 5. Mayor Faram presented the following resolution: "WHEREAS, an Election was duly held in the city of North Richland Hills, Texas, on the 3rd day of April, 1982, to elect a Mayor and Council Places 1; 2; 3; 4; 5; 6; and 7; and CONSIDERATION OF RESO- LUTION CANVASSING THE VOTES OF THE MUNICIPAL ELECTION HELD ON APRIL 3, 1982 APPROVED RESOLUTION NUMBER 82-10 WHEREAS, the Mayor and City Council duly canvassed the votes of said election on this the 12th day of April, 1982; and WHEREAS, the canvass showed the following results: For Mayor: Dick Faram, 1003; Nancy Strauser, 524 For Council, Place One: Marie Hinkle, 993; Lyle Welch, 504 For Council, Place Two: Jim Kenna, 1166; three write-ins For Council, Place Three: Richard Davis, 856; Janis Freeman, 635 For Council, Place Four: J. C. Hubbard, 1117; four write-ins For Council, Place Five: Dick Fisher, 1088; Anthony Souders, 358 For Council, Place Six: Jim Ramsey, 1142; two write-ins For Council, Place Seven: Harold Newman, 918; Lee Anne Lamond, 565 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The above canvass be and the same is hereby in all things approved. 2. The Council finds that the following candidates should be declared elected to the office indicated: Mayor Dick Faram Council, Place 1 Marie Hinkle Council, Place 2 Jim Kenna Council, Place 3 Richard Davis Council, Place 4 J. C. Hubbard Council, Place 5 Dick Fisher Council, Place 6 Jim Ramsey Council, Place 7 Harold Newman Councilman Hubbard moved, seconded by Councilwoman Groves, to approve Resolution Number 82-10. Motion carried 5-0. 6. Mr. McEntire administered the following Oath of Office: "I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of (City Councilman/Councilwoman or Mayor) of the City of North Richland Hills, state of Texas, and will, to the best of my ability, preserve, protect, and defend the Constitution and laws of the united states and of this state; and I furthermore solemnly swear (or affirm) that I have not directly paid, offered, or promised to pay, contributed nor promised to contribute any money, or valuable thing, or promised any public office or employment as a reward for the giving or withholding a vote at the election at which I was elected. So help me God." Mayor Faram presented Mrs. Sharyl Groves a plaque in apprecia- tion of service on the Council from 1980-82. Mrs. Groves stated it had been a real honor to serve on the Council for the past two years. Mrs. Groves stated she hoped she had contributed to the betterment of the community. Mayor Faram presented Mr. Dave Freeman a plaque in appreciation of service on the Council as Councilman 1977-80 and as Mayor Pro Tern 1980-82. Mr. Freeman stated he was proud and honored to have served on the Council. Mr. Freeman stated it had been an education for him and a pleasure to serve the citizens. Mayor Faram expressed his appreciation to Mrs. Groves and Mr. Freeman. Councilman Hubbard stated he thanked Mr. Freeman for all the help and guidance he had given him the last two years. 8. Councilman Hubbard moved, seconded by Councilman Davis, to elect Councilman Jim Ramsey as Mayor Pro Tern. Motion carried 6-0; Councilman Ramsey abstaining. Mayor Faram recognized the family members of the Council. Mayor Faram called a twenty minute recess. Mayor Faram called the meeting back to order. The following Council Members were present: April 12, 1982 Page Three OATH OF OFFICE ADMINISTERED TO MAYOR AND COUNCIL MEMBERS CONSIDERATION OF ELECTION OF MAYOR PRO TEM RECOGNITION RECESS BACK TO ORDER Mayor Dick Faram, Councilwoman Marie Hinkle, Councilman Jim Kenna, Councilman Richard Davis, Councilman J. C. Hubbard, Councilman Dick Fisher, Councilman Jim Ramsey and Councilman Harold Newman. staff Present: City Manager Rodger Line, City Secretary Jeanette Moore, Assistant City Manager Dennis Horvath, City Attorney Rex McEntire and City Engineer Richard Albin. 9. Mayor Faram presented the following Resolution: "WHEREAS, the City of North Richland Hills, Texas, must maintain adequate insurance protection to prevent any liabilities or lossess incurred by the City from becoming an unnecessary burden to its taxpayers; and WHEREAS, the costs to provide such insurance are rising annually at an alarming rate; and WHEREAS, the time had come to renew the City's insurance policies; and WHEREAS, the City desired to obtain the best insurance coverage at the best price; and WHEREAS, Mr. Bill Burk, a Citizen of North Richland Hills and a member of the insurance profession, provided his professional advice and guidance at no cost to the City; and WHEREAS, Mr. Bill Burk's recommendations based upon his review of the City's insurance needs and hi$ evaluation of the bids that were received will save the taxpayers more than $100,000 during the next three years; now THEREFORE, BE IT RESOLVED that the City Council of the City of North Richland Hills, Texas, hereby recognizes and commends Mr. Bill Burk and extends its appreciation on behalf of all of the Citizens of North Richland Hills for his good citizen- ship and outstanding service to the City." Councilman Kenna moved, seconded by Councilman Hubbard, to approve Resolution No. 82-11. Motion carried 7-0. Mayor Faram presented the resolution to Mr. Bill Burk. April 12, 1982 Page Four RESOLUTION-SPECIAL RECOGNITION 10. Mayor Faram stated that due to the resignation of Mrs. Hinkle Hinkle from this Board a new member needed to be appointed. Mayor Faram stated that Councilman Ramsey had recommended the appointment of Mr. Martin Erck. Councilman Hubbard moved, seconded by Councilman Kenna, to appoint Mr. Martin Erck to the Board of Adjustment. Motion carried 7-0. 11. Mayor Faram advised the Council the terms of Mrs. Poly Brinkley, Mrs. Jan Daniels, Mrs. Lynn O'Day and Reverend Ron Smotherman would expire in May. Mayor Faram stated that they had been contacted and were willing to serve another term on the Commission and it was the recommendation that they be reappointed. Councilman Hubbard moved, seconded by Councilman Ramsey, to reappoint the above-named persons to the Library Commission. Motion carried 7-0. 12. Mr. Rusty Butler, Partner, Peat-Marwick-Mitchell and Company appeared before the Council. Mr. Butler stated he previously submitted to the City Council two documents, one being the financial statements for the latest fiscal year, the second was their suggestions for improvement in the City's internal control. Mr. Butler stated he had reviewed the documents with the City's management. Mr. Butler stated he would like to express his appreciation for the cooperative attitude of the City Staff. Councilman Hubbard stated that for public information the Council had been presented with the audit report in Pre- Council. 13. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval, waived Item 3 of the Engineer's letter and the owner agreed to the signing of a covenant for pro rata on water and sewer. Councilman Hubbard moved, seconded by Councilman Kenna, to approve PS 82-5 subject to the signing of a covenant for pro rata on water and sewer. Councilman Ramsey stated his concern was what would happen later once the platting and zoning was approved with no fire protection, sewer, or water. Councilman Ramsey asked if the City had some sort of mechanism to flag the situation. April 12, 1982 Page Five CONSIDERATION OF APPOINTMENT OF BOARD ADJUSTMENT MEMBER APPROVED CONSIDERATION OF APPOINTMENTS TO THE LIBRARY COMMISSION APPROVED PRESENTATION OF 1980-81 AUDIT REPORT BY PEAT-MARWICK- MITCHELL COMPANY PLANNING AND ZONING PS 82-5, REQUEST OF FREDERICK CULP FOR FINAL PLAT OF LOT 1, BLOCK 1, CULP ADDITION APPROVED April 12, 1982 Page Six Mr. Line stated if the concern was that additional construc- tion or development might take place on the property in addi- tion to the metal building, records could be made and flag the building permit files so that no additional or permanent type construction could be approved until such time as the water and sewer facilities were extended. Mayor Faram stated it was his understanding that hazardous material was not to be stored in the building, what safe- guards did the City have that the property might be sold and the new owner started selling something that was hazardous. Mr. Horvath stated that if a new owner took over the building he would have to get a re-okay from the Building Department and it would have been flagged. Mayor Faram asked if the City could control what could be stored in the building. Mr. Horvath stated that if the current owner decided to store hazardous materials the City would have no control. Mayor Faram asked if the estimate of $15,500 was the cost for Mr. Culp to meet the Engineer's requirements. Mr. Albin stated that amount did cover the water line based on the estimates the developers came up with. Mayor Faram asked if there would be any recovery cost if any- one else were to tie on the line. Mr. Albin stated possibly. Councilman Davis asked if there would be any City participation on the water line and was it an oversized line. Mr. Albin stated there would be no City participation and it would not be an oversized line. The Fire Department required that a minimum 12 inch water line be provided to serve industrial areas. Councilman Davis asked if there would be persons working in the build- ing day-to-day. Mr. Albin stated it was his understanding the building would be used for storage only. Mayor Faram stated with the Council's permission, he would depart from the rules and let Mr. Delbert Strembridge, Consulting Engineer, speak. April 12, 1982 Page Seven Mr. strembridge stated that Mr. Culp already operated a business at this location in a large building. Mr. strembridge stated that Mr. Culp manufactured travel trailers. Mr. Srembridge stated the proposed building would be used for storage of materials and tools. Mr. strembridge stated the building was not to be used for persons to work in and there would be no hazardous materials stored. Mayor Faram asked if there were some method by which the city could be protected if this request was granted. Mr. McEntire stated the city would not be liable. Mr. McEntire stated the problem would be that the City would basically have no control of that piece of property once the zoning and platting was approved without getting the requirements needed. Councilman Davis asked if there was an existing building on the property. Mr. Strembridge stated yes, quite a large building. Councilman Davis asked if there was fire protection at this time. Mr. Strembridge stated no. Councilman Davis asked if there was adequate sewer service. Mr. Strembridge stated the property was served by a septic tank. Motion to approve carried 4-3; Councilmen Ramsey, Hubbard, Fisher and Newman voting for; Councilmen Kenna and Davis and Councilwoman Hinkle voting against. 14. Mayor Faram stated there was a letter from Cambridge Company PLANNING AND ZONING agreeing to deed restrictions on the property. Mayor Faram CONSIDERATION OF stated there seemed to be a problem on the last page, last ORDINANCE FOR PZ 82-3 paragraph of the letter. (ORDINANCE NO. 942, POSTPONED AT THE Mr. Line stated that Cambridge Company was purchasing the MARCH 22, 1982 MEETING property contingent on and subject to the approving of the APPROVED zoning. Mr. Line stated he had a meeting with a representative of Cambridge pursuant to the Council's request and Cambridge agreed to deed restrict the property to delete some twenty-one types of uses of the property, as agreed to in the letter dated March 31, 1982. Mr. Line stated that as the Mayor pointed out there was a contingency in the letter that must be agreed to by the current owner of the property, Crossroads Development, Limited. Mr. Line stated Crossroads was selling the property to Cambridge April 12, 1982 Page Eight contingent on the zoning. Mr. Line stated that since Cambridge was not the current owner, but had made application for the zoning, the request could be granted contingent on deed restric- tions being filed to exclude the undesirable uses from the zoning. Mr. McEntire stated the deed restrictions needed to be signed by Crossroads and Cambridge. Councilman Kenna moved, seconded by Councilman Ramsey, to approve PS 82-3, Ordinance No. 942, contingent on the attached deed restric- tions being signed by the present owner of the property. Councilman Hubbard moved to amend the motion by adding to the deed restrictions not to allow apartment hotel and the sale of new or used auto, truck and/or trailer sales with adjacent used auto, truck or trailer repair. Councilman Kenna seconded the motion. Mr. Charles Scoville, Cambridge Company, appeared before the Council. Mr. Scoville asked for a clarification on the apartment hotel, would it be restricting apartment-type hotels and typical hotels. Councilman Hubbard stated he was referring to high-rise apartment buildings. Mayor Faram asked Mr. Scoville if he had a problem with the items being added. Mr. Scoville stated no. Councilman Kenna asked Mr. Line if he was agreeable with the deed restrictions and did the restrictions include everything that was discussed with Cambridge. Mr. Line stated yes, the listing did include everything discussed. Amended motion carried 7-0. Original motion as amended carried 7-0. Councilman Ramsey asked if Item 13 could be reconsidered at this time. Councilman Ramsey moved, seconded by Councilman Davis, to re- consider Item 13. RECONSIDERATION Motion carried 7-0. 13. Councilman Ramsey moved, seconded by Councilman Kenna, to deny PS 82-5. Motion carried 6-1; Councilmen Kenna, Ramsey, Davis, Fisher and Newman and Councilwoman Hinkle voting for; Councilman Hubbard against. 15. Mr. Delbert Strembridge, Consulting Engineer, appeared before the Council. Mr. Strembridge stated he represented Mr. Lee Satterwhite in requesting this appeal hearing. Councilman Ramsey moved, seconded by Councilman Kenna, to grant an appeal hearing for PS 82-6, to be heard on May 10, 1982. Motion carried 7-0. 16. Councilman Kenna moved, seconded by Councilman Hubbard, to authorize the contract to Dallas Aerial in the amount of $39,800.00 to be appropriated from General Fund Surplus, and completed in 180 days. Councilman Davis asked if the Tarrant Appraisal District had been contacted. Mr. Albin stated they had been contacted, but the topographic mapping being done by Williams-Stackhouse included aerial photographics, but no contour mapping. Councilman Fisher stated that on most of the bids the type of equipment to be used was stipulated; Dallas Aerial did not. He wanted to know if it would have any effect on the quality. Mr. Albin replied no. Councilman Newman asked if Dallas Aerial was a reliable company. Mr. Albin stated yes. Councilman Newman asked how long the company had been in business. Mr. Albin stated he did not know how long the company had been in business, but they had done topographic mapping for a number of municipalities allover the State. Motion carried 7-0. April 12, 1982 Page Nine PS 82-5 - REQUEST OF FREDERICK CULP FOR FINAL PLAT OF LOT 1, BLOCK 1, CULP ADDITION DENIED CONSIDERATION OF GRANTING AN APPEAL HEARING FOR PZ 82-6 GRANTED CONSIDERATION OF CONTRACT AWARD FOR CITY-WIDE AERIAL PHOTOGRAPHIC CONTOUR MAPPING APPROVED 17. Councilman Kenna moved, seconded by Councilman Ramsey, to authorize the signalization of Davis Boulevard and Main, and to appropriate $38,500.00 from the general fund surplus for the cost. Motion carried 7-0. 18. Councilman Kenna moved, seconded by Councilman Ramsey, to approve Change Order Number 2, Rufe Snow Drive, in the amount of $17,413.20. Councilman Hubbard stated the City would recover approxi- mately $16,902.04 prior to occupancy by Tapp Development Corporation. Motion carried 7-0. 19. Councilman Ramsey moved, seconded by Councilman Hubbard, to approve partial payment to Austin Road Company in the amount of $35,799.75. Motion carried 7-0. 20. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve partial payment to C. R. Feazell in the amount of $17,811.99 for Glenview Drive Utility Adjustment. Funds to be appropriated from general fund surplus. Motion carried 7-0. 21. Councilman Hubbard moved, seconded by Councilman Davis, to recommend to the Commissioner's Court that the bid be awarded to M&D Construction Company in the amount of $61,015.55 and project be extended to utilize the entire $80,350.00 available for construction. Motion carried 7-0. 22. Councilman Ramsey moved, seconded by Councilman Hubbard, to approve Resolution No. 82-12. Motion carried 7-0. April 12, 1982 Page Ten CONSIDERATION OF APPROVAL TO AUTHORIZE PINNELL, ANDERSON, WILSHIRE AND ASSOCIATES TO PROCEED WITH PLANS AND SPECIFICATIONS AND TO APPROPRIATE THE NECESSARY FUNDS FOR SIGNALIZATION OF DAVIS BOULEVARD AND MAIN STREET APPROVED CONSIDERATION OF APPROVAL OF CHANGE ORDER NUMBER 2 - RUFE SNOW DRIVE, PHASE I APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE NUMBER 5, TO AUSTIN ROAD COMPANY IN THE AMOUNT OF $35,799.75 - RUFE SNOW DRIVE APPROVED CONSIDERATION OF PARTIAL PAYMENT TO C. R. FEAZELL IN THE AMOUNT OF $17,811.99 - GLENVIEW DRIVE UTILITY ADJUSTMENT APPROVED CONSIDERATION OF AWARD OF BID FOR MACKEY CREEK CHANNEL IMPROVE- MENTS, PHASE III APPROVED CONSIDERATION OF RESOLUTION FOR HOUSING REHABILITATION REVENUE APPROVED RESOLUTION NO. 82-12 23. Councilman Hubbard moved, seconded by Councilman Ramsey, to authorize the Mayor to sign the agreement with Rohne and Hoodenpyle, tax attorneys. Motion carried 7-0. 24. Councilman Hubbard moved, seconded by Councilman Ramsey, to approve Ordinance No. 949. Motion carried 7-0. 25. Councilman Hubbard stated he would like to thank Tiffany Nourse, Librarian, for the cards reminding each of the Council that they could become a member of the Library. He also thanked Mrs. Nourse for the note and the catalog of nominated books. Councilman Hubbard stated he would also like to thank Mrs. Nourse for the information furnished to the public through Channel 36. Mrs. Sharyl Groves appeared before the Council. Mrs. Groves stated she just wanted to say she had really enjoyed working with the guys, but there was someone special she did not want to leave out. Mrs. Groves stated short people have a terrible time in life, so she did not want to leave Mr. Ramsey out. Mrs. Groves stated Mr. Ramsey seemed to be the shortest one of the bunch now so she was going to will him her stool so he would not have to dangle his feet behind the Council table and also remind him to keep thinking tall. 26. Mayor Faram adjourned the meeting of April 12, 1982. dci/ --d~ D1Ck Faram, Mayor ATTEST: Apr il 12, 1982 Page Eleven CONSIDERATION OF AUTHORIZING SIGNING OF TAX COLLECTION AGREE- MENT WITH ROHNE AND HOODENPYLE, ATTORNEYS APPROVED CONSIDERATION OF ORDINANCE ADOPTING SECTION 33.07 OF THE PROPERTY TAX CODE APPROVED ORDINANCE NO. 949 CITIZEN PRESENTATION ADJOURNMENT