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HomeMy WebLinkAboutCC 1982-06-14 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, JUNE 14, 1982 - 7:30 P.M. 1. Mayor Pro Tern Ramsey called the meeting to order June 14, 1982 at 7:30 p.m. CALL TO ORDER 2. Jim Ramsey Jim Kenna Richard Davis J. C. Hubbard Dick Fisher Harold Newman Marie Hinkle Present: Staff: Rodger Line Jeanette Moore Richard Albin Rex McEntire Lou Spiegel Margie Nash Don Bowen Mr. Davis Press: Denise Morris Absent: Dick Faram Dennis Horvath Mayor Pro Tern ROLL CALL Councilmen Councilwoman City Manager City Secretary City Engineer City Attorney Finance Director Planning and Zoning Member Planning and Zoning Member Parks and Recreation Member Mid Cities Daily News Mayor Assistant City Manager Mayor Pro Tern Ramsey stated the reason Mayor Faram was not present was because his father had suffered a heart attack. 3. The invocation was given by Councilman Davis. INVOCATION 4. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve the minutes of the regular meeting May 24, 1982. APPROVAL OF MINUTES OF THE REGULAR MEETING MAY 24, 1982 APPROVED Motion carried 5-0; Councilman Hubbard abstaining due to absence from the meeting. Mayor Pro Tern Ramsey stated he would like to present the following proclamation before the meeting began. SPECIAL RECOGNITION June 14, 1982 Page Two WHEREAS, it is the desire of the City Council of the City of North Richland Hills, Texas to extend public recognition to RODGER SHAVER for his heroic and courageous acts of bravery whereby his actions contributed to the saving of one David Andrew's life on May 19, 1982; and WHEREAS, without regard for their personal safety and well- being, RODGER SHAVER and Richard Mattox did rescue David Andrews from his battered raft in the flood-swollen waters of Fossil Creek; and WHEREAS, the City Council of the City of North Richland Hills takes great pride in the young people of our community and thereby does publicly voice appreciation to RODGER SHAVER for his acts of compassion and bravery in the saving of a human life. NOW, THEREFORE, I Jim Ramsey, by virtue of the authority vested in me as Mayor Pro Tern of the City of North Richland Hills, Texas, do hereby publicly applaud Rodger Shaver for his heroic efforts on the 19th day of May, 1982. I do further call upon all citizens of this community to join hands with the Mayor and Council in a gesture of gratitude for the service this outstanding young man performed to another in a time of need. IN TESTIMONY WHEREOF, I have set my hand and caused the Seal of the City of North Richland Hills, Texas, to be affixed this 14th day of June, A.D., 1982. Jim Ramsey, on behalf of Mayor Dick Faram Mayor Pro Tern Ramsey presented the proclamation to Rodger Shaver. Mayor Pro Tern Ramsey stated that as of this morning the City Hall had a new phone system. Mayor Pro Tern Ramsey stated that Council- man Hubbard had worked all weekend removing the old system and had saved the City a considerable amount of money. Mayor Pro Tern Ramsey, on behalf of the Council and Staff, expressed appreciation to Councilman Hubbard. 5. Mayor Pro Tern Ramsey read the following paragraph: "In order to facilitate procurement of a quorum at Com- mission meetings, there is hereby created the office of one alternate member of the Planning and Zoning Commission. Such alternate may attend all meetings but shall be entitled to vote only in the event that one or more members of the CONSIDERATION OF ORDINANCE APPOINTING AN ALTERNATE MEMBER TO PLANNING AND ZONING COMMISSION APPROVED ORDINANCE NO. 955 Commission are not in attendance at the meeting. Such alternate shall serve a one year term, to be appointed in April of each year. The first alternate member may be appointed at any time to serve until April 1983 and until his successor is duly appointed and qualified." Councilman Hubbard moved, seconded by Councilman Davis, to approve Ordinance No. 955. Councilman Davis stated that since all the other Boards and Commissions terms expired in May he would prefer the Ordinance be changed to state May. Councilman Hubbard moved, seconded by Councilman Davis, to amend the motion to approve Ordinance No. 955 and change the date of appointment from April to May. Amended motion carried 6-0. 6. Mayor Pro Tern Ramsey advised the Council there were three members whose terms were expiring on the Planning and Zoning Commission and one vacancy because of the resignation of Mr. Greenfield. Mayor Pro Tern Ramsey stated the recommendation had been made that the following persons be appointed: Mark Wood, Don Bowen and Mark Hannon - two year terms to expire in May, 1984; George Tucker - one year term to fill the vacancy left by the resignation of Mr. Greenfield; John Schwinger as alternate for a one year term to expire in May, 1983. Councilman Davis moved, seconded by Councilman Hubbard, to approve the appointments as recommended. Mayor Pro Tern Ramsey expressed his appreciation to Mrs. Nash, Mr. Bowen and the Commission for their time and efforts spent on the Commission. Motion carried 6-0. 7. Mayor Pro Tern Ramsey presented Mr. Lee Rice of the Police Department with a Five Year Certificate and Service Pin. June 14, 1982 Page Three CONSIDERATION OF APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION APPROVED PRESENTATION OF FIVE YEAR CERTIFICATE AND SERVICE PIN TO LEE RICE OF THE POLICE DEPARTMENT 8. Councilman Hubbard moved, seconded by Councilman Kenna, to grant an appeal hearing on PZ 82-11, to be heard by the Council July 12, 1982. 9. Mayor Pro Tern Ramsey opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mrs. Lena Silay, daughter of Mr. and Mrs. sattawhite, appeared before the Council. Mrs. Silay stated the request to have the property rezoned was so she could live next door to her parents and see to their needs. Mrs. Silay stated she also wanted to live in North Richland Hills. Mayor Pro Tern Ramsey advised Mrs. Silay that since he was having to chair the meeting, he would not get to vote and she had the option of having a full Council present. Mrs. Silay stated the case was heard by the Planning and Zoning Commission in November, 1981. Mr. Sattawhite asked if the request could be heard at the next Council meeting. Mayor Pro Tern Ramsey advised the request could not be heard until July 12, 1982, if it were to be postponed. Mayor Pro Tern Ramsey stated the legal advertisement had to be published fifteen days prior to the meeting and the property owners within 200 feet notified. Mrs. Silay stated she prefered the case be heard tonight. Mr. L. E. Sattawhite, 8320 Martin, owner of the property, appeared before the Council. Mr. Sattawhite stated he would like to have the request approved for the reasons stated by Mrs. Silay. Mayor Pro Tern Ramsey called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Pro Tern Ramsey closed the public hearing. June 14, 1982 Page Four CONSIDERATION OF GRANTING AN APPEAL HEARING ON PZ 82-11 K-BAR-C DELI AND GROCERY GRANTED PLANNING AND ZONING - PUBLIC HEARING - APPEAL HEARING - PZ 82-6, REQUEST OF L. E. SATTAWHITE TO REZONE TRACT l2A3, ABSTRACT 1055, T. K. MARTIN SURVEY FROM AGRICULTURE TO IF-9, ONE FAMILY DWELLING 10. Councilman Kenna moved to approve PZ 82-6, Ordinance No. 956. Councilman Kenna asked if there had been a letter of no re- course filed on the potential noise from the airport. Mr. Sattawhite stated they had a letter from the FAA stating they would not be in a hazardous area of the airport. Councilman Hubbard asked Mr. Sattawhite if a letter had been written to the City stating that he was aware of the nuisance and a letter of no recourse been filed at the County Courthouse, as stated by Mr. Tucker in the Planning and Zoning Commission minutes. Councilman Hubbard asked Mr. Sattawhite if he would be willing to furnish the City with a letter stating he had no recourse. Mr. Sattawhite stated he would furnish the letter. Councilman Kenna amended his motion, seconded by Councilman Hubbard, to approve PZ 82-6, Ordinance No. 956, subject to a letter of recourse being filed. Amended motion carried 6-0. 11. Mayor Pro Tern Ramsey stated the Planning and Zoning Com- mission had recommended approval. All engineering com- ments had been met and additional utility easement granted. Councilwoman Hinkle moved, seconded by Councilman Hubbard, to approve PS 82-9. Motion carried 6-0. 12. Mayor Pro Tern Ramsey stated the Planning and Zoning Com- mission had recommended approval subject to the signing of a covenant for future street improvements. Councilman Hubbard moved, seconded by Councilman Fisher, to approve PS 82-12. Motion carried 6-0. 13. Mayor Pro Tern Ramsey stated the Planning and zoning Com- mission recommended approval. All engineering comments had been met and additional utility easement granted. Councilman Hubbard moved, seconded by Councilman Newman, to approve PS 82-13. Motion carried 6-0. June 14, 1982 Page Five CONSIDERATION OF ORDINANCE FOR PZ 82-6 APPROVED ORDINANCE NO. 956 PLANNING AND ZONING PS 82-9, REQUEST OF DENNY'S, INCORPORATED FOR FINAL PLAT OF LOT 1, BLOCK 1, TOWNE OAKS ADDITION APPROVED PLANNING AND ZONING PS 82-12, REQUEST OF J. B. SANDLIN AND ALAN HAMM FOR FINAL PLAT OF LOT 1, BLOCK 2, COLLEGE CIRCLE SHOPPING CENTER APPROVED PLANNING AND ZONING PS 82-13, REQUEST OF CLARK BROTHERS FOR REPLAT OF BLOCK 34, HOLIDAY WEST ADDITION APPROVED 14. Mayor Pro Tern Ramsey presented the following Resolution: "WHEREAS, on the 9th day of December 1981, Texas Electric Service Company filed with this City a proposed fuel cost factor tariff for service within this City to become effective January 13, 1982; and WHEREAS, the City Council has had an opportunity to study such schedule of tariff; NOW, THEREFORE, be it resolved by the City Council of the City of North Richland Hills, Texas, that: 1. The proposed fuel cost factor tariff filed on December 9, 1981 is denied." Councilman Hubbard moved, seconded by Councilman Kenna, to approve Resolution No. 82-18. Motion carried 6-0. 15. Mayor Pro Tern Ramsey stated this property had been deeded to the City by E. F. Abbott in 1970 for use as a street. The property had never been dedicated as a street. Councilman Kenna moved, seconded by Councilman Hubbard, to approve Ordinance No. 957. Motion carried 6-0. 16.. Mayor Pro Tern Ramsey stated bids were advertised in April, 1982 and in June, 1982. There were no bids received in April and only one in June. Mayor Pro Tern Ramsey stated this was a 1962 GMC truck and no longer used by the Fire Department. Councilman Hubbard moved, seconded by Councilwoman Hinkle, to accept the bid of Standard Umpstead Fire Department in the amount of $2,626.00. Motion carried 6-0. June 14, 1982 Page Six CONSIDERATION OF RESOLUTION DENYING TEXAS ELECTRIC RATE INCREASE REQUEST APPROVED RESOLUTION NO. 82-18 CONSIDERATION OF ORDINANCE DEDICATING COLLEGE CIRCLE APPROVED CONSIDERATION OF BID ON FIRE TRUCK APPROVED 17. Mayor Pro Tern Ramsey stated this ordinance changed Para- graphs C and D of the Water policies changing the payment date of water bills from ten days to fifteen days after billing date. Councilman Fisher moved, seconded by Councilman Newman, to approve Ordinance No. 958. Councilman Fisher asked how the public would be notified of the changing in billing procedure. Mr. Line stated the information would be printed on the water bills and could be put on the City Cable TV channel. Mr. Line stated the information would also be put in the City newsletter. Motion carried 6-0. 18. Mayor Pro Tern Ramsey stated this ordinance would change the speed limit from 30 miles per hour to 35 miles per hour on Harwood Road from the intersection of Harwood Road and Davis Boulevard to the intersection of Grapevine Highway. Councilman Fisher asked why the change was requested. Mr. Line stated he initiated the change because he drove that way quite frequently and it did not make any sense for the speed limit to be 30 miles per hour. Mr. Line stated that in addition, he did not feel it was fair to ask the public to drive at an unreasonably low rate of speed and there had probably been tickets issued that should not have been. Mr. Line stated a study was made and the standard criteria for establishing speed limits is to monitor speeds of the vehicles and set the limit at 85 percent of the average speed. That would produce 40 miles per hour speed limit in this case but because there are some residents that face onto the street, and because the condition of the street was not real good, they were recommending the speed be set at 35. Councilman Fisher asked if the residents had been notified. City Attorney McEntire stated the ordinance would be published in the newspaper ten days before the ordinance would be enforced. Motion carried 6-0. June 14, 1982 Page Seven CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 381, WATER AND SEWER POLICIES APPROVED ORDINANCE NO. 958 CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 722 (SPEED ZONE ORDINANCE) CHANGING THE SPEED LIMIT ON HARWOOD ROAD FROM THE INTERSECTION OF DAVIS BOULEVARD TO THE INTERSECTION OF GRAPEVINE HIGHWAY APPROVED ORDINANCE NO. 959 19. Mr. Line stated the North Texas Commission was essentially a marketing agency that was supported by local governmental units of the North Central Texas area. North Texas has been very active in selling this area as a desirable place for industry location or relocation. Mr. Line stated he felt the Commission had done an overall good job of promoting industrial development of this region. Mr. Line stated the City's membership in the Commission entitled the City to receive numerous services, including brochures and other printed material which was of value in informing industrial and commercial prospects of the advantages of locating in this region. Mr. Line stated the cost of the membership was $2,000. Councilman Hubbard moved, seconded by Councilman Kenna, to approve the contract with North Texas Commission, funds to be appropriated from Hotel/Motel tax. Motion carried 6-0. 20. Mayor Pro Tern Ramsey stated this proposal was presented in Pre-Council at the May 24, 1982 meeting. Councilman Davis moved, seconded by Councilman Kenna, to approve the installation of the street lights, funds to be appropriated from General Fund Surplus. Councilman Davis asked if this was the nineteen (19) street lights that were proposed to the Council. Mr. Line stated yes. Councilman Newman asked if there were any problems with obtaining the necessary easements. Mr. Line stated that if there were any problems in obtaining the easements, the staff would come back to the Council and report that they were unable to obtain the easements. Mayor Pro Tern Ramsey stated fourteen of the nineteen easements had already been obtained. 21. Mr. Albin stated that when the original specifications for the removal of the paint and rust on the exterior of the tank they were under the opinion that all would not have to be removed. Mr. Albin stated that after the contractor had gotten underway, it was discovered that all the rust and paint needed to be removed. Mr. Albin stated this could only be done by sand- blasting as opposed to power tool cleaning. June 14, 1982 Page Eight CONSIDERATION OF CONTRACT WITH NORTH TEXAS COMMISSION APPROVED APPROPRIATION OF FUNDS FOR STREET LIGHT INSTALLATION APPROVED CONSIDERATION OF CHANGE ORDER #2, FOR CONN STREET STORAGE TANK IN THE AMOUNT OF $6,737.00 APPROVED Councilwoman Hinkle moved, seconded by Councilman Hubbard, to approve Change Order #2, in the amount of $6,737.00, funds appropriated from utility Fund Surplus. Motion carried 6-0. 22. Councilman Hubbard moved, seconded by Councilman Kenna, to approve partial payment, Estimate #3, and Final in the amount of $23,348.00 for Lewis Drive Storm Drainage System, funds appropriated from General Fund Surplus. Mayor Pro Tern Ramsey stated final should not be included in the motion. It had come to his attention this was not final payment. Motion, with the final deleted, carried 6-0. 23. Councilman Fisher moved, seconded by Councilman Newman, to approve partial payment, Estimate #3, to C. R. Frazell in the amount of $12,200.31, Glenview Drive utility Adjustments, funds appropriated from General Fund Surplus. Motion carried 6-0. 24. Councilman Hubbard moved, seconded by Councilwoman Hinkle, to approve partial payment, Estimate #7, to Austin Road Company in the amount of $10,316.79, Rufe Snow Drive, Phase I, funds appropriated from bond funds. Motion carried 6-0. 25. Mr. Clayton Collins and Mrs. Claudine Williams were not present. 26. Councilwoman Hinkle moved, seconded by Councilman Davis, to adjourn the meeting of June 14, 1982. Motion Carried 6-0. Jea June 14, 1982 Page Nine CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #3 AND FINAL, TO J. D. GRIFFITH IN THE AMOUNT OF $23,348.00 - LEWIS DRIVE STORM DRAINAGE SYSTEM APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #3, C. R. FEAZELL IN THE AMOUNT OF $12,200.31, GLENVIEW DRIVE UTILITY ADJUSTMENTS APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #7, TO AUSTIN ROAD COMPANY IN THE AMOUNT OF $10,316.79 - RUFE SNOW DRIVE, PHASE I APPROVED CITIZEN PRESENTATION - MR. CLAYTON COLLINS 3852 DIAMOND LOCH WEST RE: ANIMAL CONTROL MRS. CLAUDINE WILLIAMS 5304 SUSAN LEE RE: DAMAGE CLAIM ADJOURNMENT