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HomeMy WebLinkAboutCC 1982-08-09 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, AUGUST 9, 1982, 7:30 P.M. 1. Mayor Faram called the meeting to order August 9, 1982 at 7:30 p.m. CALL TO ORDER 2. Present: Dick Faram Jim Ramsey Jim Kenna Richard Davis Dick Fisher Harold Newman Marie Hinkle Mayor Mayor Pro Tem Councilmen Councilwoman STAFF: Dennis Horvath Jeanette Moore Rex McEntire Richard Albin Gene Riddle Margie Nash Assistant City Manager City Secretary City Attorney City Engineer Director Public Works/Utilities Planning/Zoning Member PRESS: Les Harper Denise Morris Star Telegram Mid Cities ABSENT : J. C. Hubbard Rodger N. Line Councilman City Manager 3. The invocation was given by Councilman Fisher. INVOCATION 4. Councilman Ramsey moved, seconded by Councilwoman Hinkle, to approve the minutes of the regular meeting of July 26, 1982. Motion carried 6-0. APPROVAL OF MINUTES OF THE REGULAR MEETING JULY 26, 1982 APPROVED 21. Councilman Davis moved, seconded by Councilman Ramsey, to consider Item #21 at this time. Motion carried 6-0. CONSIDERATION OF RESOLUTION PERTAINING TO TARRANT COUNTY APPRAISAL DISTRICT APPROVED RESOLUTION NO. 82-21 Mayor Faram presented the following Resolution: WHEREAS, the Tarrant Appraisal District is responsible for providing ad valorem tax appraisal services for all governmental units in Tarrant County, and WHEREAS, Tarrant Appraisal District has to date, been unable to provide these services on a timely and reliable basis, and WHEREAS, there is considerable reason for concern about the level of expenditures proposed in the 1982-83 Tarrant Appraisal District budget, and WHEREAS, the City of North Richland Hills acknowledges the overwhelming task facing the Tarrant Appraisal District but believes that services by Tarrant Appraisal District must be improved and governmental spending at all levels must be minimized; NOW, THEREFORE, be it resolved by the City of North Richland Hills that all of the officers and employees of Tarrant Appraisal District be urged to redouble their efforts toward providing adequate services, and BE IT FURTHER RESOLVED that such officers and employees extend every possible effort to avoid unnecessary frills and expenses in the delivery of said services. Councilman Ramsey moved, seconded by Councilman Davis, to approve Resolution No. 82-21 Motion carried 6-0. 5. Mayor Faram presented the following resolution: WHEREAS, on Sunday, July 25, 1982, the North Richland Hills Police Department apprehended an individual wanted by the State of Oklahoma for felony homicide; and WHEREAS, Public Safety Dispatcher Kim Burkhart, Officer D. W. DeWees, Corporal L. N. Counts and Sergeant Tom Gaylor did effect this arrest in an exemplary manner while displaying a professional and conscientious approach to a potentially explosive situation; NOW, THEREFORE, be it resolved that the City Council of the City of North Richland Hills does hereby recognize the superior performance of Miss Burkhart, and Messrs. DeWees, Counts and Gaylor, and does hereby express its sincere appreciation to them. Councilman Kenna moved, seconded by Councilman Fisher, to approve Resolution No. 82-20. Motion carried 6-0. 6. Mr. Marion Massey, Attorney, Fort Worth, appeared before the Council representing Mr. Elmer Allison and Mr. Lowell Allison. Mr. Massey stated this request had been presented to the Planning and Zoning Commission twice. Mr. Massey stated that the Planning and Zoning Commission approved the request the August 9, 1982 Page 2 RESOLUTION NO. 82-20 SPECIAL RECOGNITION- OF POLICE DEPARTMENT CONSIDERATION OF GRANTING AN APPEAL HEARING ON PZ 82-20 GRANTED first time. Mr. Massey stated there had been a petition signed against the request the first time it was presented and every effort had been made to satisfy the opposition. Mr. Massey stated his clients had met with the City and Commissioner Lynn Gregory and worked out a plan for the street and sewer improvements. Mr. Massey stated the request was denied by the Planning and Zoning Commission without any explanation. Councilwoman Hinkle moved, seconded by Councilman Ramsey, to grant the appeal hearing and set the hearing for September 13, 1982. Motion carried 6-0. 7. Mayor Faram advised the Council that the Planning and Zoning Commission had recommended approval of this request and a covenant for the pro rata for curb and gutter. Councilman Kenna moved, seconded by Councilman Fisher, to approve PS 82-22. Motion carried 6-0. 8. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Ray Baldwin appeared before the Council. Mr. Baldwin stated he had two buyers for the property if the zoning were approved. Mr. Baldwin stated he would appreciate the Council approving the request. Mayor Faram called for anyone wishing to speak in opposition to the request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 9. Councilman Fisher moved, seconded by Councilman Ramsey, to approve PZ 82-17, Ordinance No. 967. Motion carried 6-0. 10. Mayor Faram read the following caption: AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREETS: DAWN DRIVE FROM ONYX DRIVE NORTH TO GLENVIEW DRIVE IN THE CITY OF NORTH RICHtAND HILLS, TEXAS; LETTING CONTRACT TO AUSTIN ROAD COMPANY, FOR THE CONSTRUCTION OF SUCH IMPROVE- MENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST August 9, 1982 Page 3 PLANNING & ZONING PS 82-22, REQUEST OF FOUR SEASONS NURSING CENTER FOR FINAL PLAT OF LOT 7, BLOCK A, CALLOWAY FARMS ADDITION APPROVED PLANNING & ZONING PUBLIC HEARING PZ 82-17, REQUEST OF RAY BALDWIN TO REZONE LOTS 1 & 18, BLOCK 2, WOODBERT ADDITION FORM IF-12- ONE FAMILY DWELLING TO LOCAL RETAIL (LOCATED ON THE WEST SIDE OF DAVIS BOULE- VARD AND WOODS LANE) CONSIDERATION OF ORDINANCE FOR PZ 82-17 APPROVED ORDINANCE NO. 967 CONSIDERATION OF ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF DAWN DRIVE FROM ONYX DRIVE NORTH TO GLENVIEW APPROVED ORDINANCE NO. 968 ABUTTING PROPERTIES AND THE OWNERS THEREFORE FOR A PART OF THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR METHODS OF PAYMENT; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATED EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY ENGINEER TO PREPARE ESTIMATES OF COST; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATIVE TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO ARTICLE ll05b OF VERNON'S TEXAS CIVIL STATUTES; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORD OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. Councilman Ramsey moved, seconded by Councilman Kenna, to approve Ordinance No. 968, with the following exceptions: the assessment rate of $10.15 per foot be assessed for both sides of Dawn Drive except Neighborhood Retail and Commercial; the property on the west side of Dawn Drive sign a covenant that no curb cuts would be made onto Dawn Drive and the assessment would be waived, if a curb cut was made the full assessment would have to be paid. Motion carried 6-0. 11. Mayor Faram stated the property owners needed to address whatever effect the assessment would have on their property. Mayor Faram opened the public hearing. Mr. Richard W. Hitt, 3824 Diamond Loch East, appeared before the Council. Mr. Hitt stated his property backed up to Dawn Drive. Mr. Hitt stated that when he moved into his home there was already a drive from his home to Dawn Drive. Mr. Hitt stated he was the only resident of Diamond Loch on the west side of Dawn Drive that had an existing drive. Mr. Hitt stated he would be the only one on the west side to be assessed. Mr. Bitt asked if the statement on the curb cut meant a new cut or an existing cut. Mayor Faram stated it would include both, a new or existing curb, cut. Mr. Hitt stated he did not believe that additional curbing and guttering at the rear of his property would improve the value of his property. Mr. Hitt stated he did believe that if his access to Dawn Drive was cut off it would depreciate his property. August 9, 1982 Page 4 PUBLIC HEARING DAWN DRIVE STREET AND DRAINAGE ASSESSMENTS Mayor Faram asked Mr. Hitt if he would agree with the necessity for improving the street. Mr. Hitt stated he believed there was a drainage problem and the street could stand improvement; however, the street was not access to his property. Mrs. Billie Harrington, 3812 Dawn Drive, appeared before the Council. Mrs. Harrington stated that she had lived on Dawn Drive for thirty years, even before there was a North Richland Hills. Mrs. Harrington stated that at that time, Dawn Drive was only a dirt road. Mrs. Harrington stated the drainage on the street drained into a culvert that drained into the creek, and when Diamond Loch was built the culvert was closed until there was no drainage whatsoever. Mrs. Harrington stated she did not feel that pavement or curbing would improve the value of her property to the amount that was being assessed. Mrs. Harrington stated that she felt the City of North Richland Hills created the situation and it was the City's place to take care of it. Mayor Faram advised Mrs. Harrington she was North Richland Hills. Mrs. Harrington stated there were no drainage problems until Diamond Loch was built and the culvert was closed. Mrs. Harrington stated that a six-inch curb on one side and an eight-inch curb on the other side would cause Dawn Drive to become a ditch. Mr. Albin advised Mrs. Harrington there would be underground drainage and it would drain into Fossil Creek. Councilman Davis asked Mrs. Harrington if she thought the water was coming from Diamond Loch. Mrs. Harrington stated she thought the water was coming off the hill from Rufe Snow. Councilman Davis asked Mrs. Harrington if the water was coming from the east side. Mrs. Harrington stated yes, it was like a creek in her yard when it rained. Councilman Davis stated that the city was making an effort to eliminate the problem. Mrs. Harrington stated she would not benefit from the improvements. Mayor Faram asked Mrs. Harrington if she was registering a protest. Mrs. Harrington replied yes. August 9, 1982 Page 5 August 9, 1982 Page 6 Mrs. Lola Bradshaw, 3800 Dawn Drive, appeared before the Council. Mrs. Bradshaw stated she felt there would be an advantage to having the curbing on Dawn Drive, but she would not benefit from the drainage. Mrs. Bradshaw stated that the water drains onto her property from the back east of her. Mrs. Bradshaw stated that after a hard rain it is ankle deep from fence line to fence line. Mrs. Bradshaw stated her driveway washes across the street and has had to be put back several times. Mrs. Bradshaw stated she would like to see the drainage start east of her. Mayor Faram asked if the land behind her was undeveloped and at a higher elevation. Mrs. Bradshaw stated it was. Mayor Faram stated when something is to be developed, the developer is required to see that the drainage flows to a recognized drainage course. Mayor Faram stated the proposed drainage improvements are designed to handle the water should development take place. Mrs. Bradshaw stated there was no streets or access to the property behind her. Mayor Faram stated the city could not afford to get into the development business. Mrs. Bradshaw asked what could be done about the water that drains onto her property. Mayor Faram stated he would ask the City Engineer to go out and look at the property and if an easement could be obtained maybe an open ditch could be built. Mayor Faram asked Mr. Albin if there would be a problem doing that. Mr. Albin stated that he had already looked at the property and it would require a dedication of an easement and an additional storm drain. Mayor Faram asked Mr. Albin to look at the area in question. Mr. John Levan, 6301 Onyx, appeared before the Council. Mr. Levan stated that the water draining onto Mrs. Bradshaw ~ad no where to drain but onto his property. Mr. Levan stated he has helped replace Mrs. Bradshaw's driveway three times this year. Mr. Albin asked Mr. Levan if he thought the curb and gutter would help Mrs. Bradshaw's problem. August 9, 1982 Page 7 Mr. Levan stated no, the water drains from the hill behind Mrs. Bradshaw's house. COUNCILMAN J. C. HUBBARD NOW PRESENT. Mr. Arthur Bowdoin, 6412 Harmonson, appeared before the Council. Mr. Bowdoin stated he owned two pieces of property on the east side of Dawn Drive and had a lot of water that drained across his property. Mr. Bowdoin stated if a drain was placed in Onyx it would not catch all of the water. Mr. Bowdoin stated that he felt the people on the east side who were being assessed would not benefit from the improvements. Mr. Bowdoin stated the way he saw it, the assessment was in three parts: curb, gutter, and drainage. Mr. Bowdoin stated the drainage project was being done to correct the problem in Diamond Loch and Onyx Drive. Mr. Bowdoin stated the flooding problem should be corrected, but in a simpler and less costly manner. Mr. Bowdoin stated as for the repaving of Dawn Drive, the street was resurfaced approximately one year ago and was still in good shape. Mr. Bowdoin stated a six-inch curb on one side of the street and an eight-inch on the other side would cause Dawn Drive to be used as a diverter. Mr. Bowdoin stated he felt some of the property owners being assessed would benefit, but some would not. Mr. Bowdoin stated he felt the problem should be corrected by the city. Mayor Faram read the following paragraph in a letter received from Mr. Bowdoin: "It is requested that the assessment rate for this property be changed to the zoning category of Residential (rear) in lieu of the non-residential or underdeveloped property rate as set forth by the city." Mayor Faram advised Mr. Bowdoin the rate had been changed to the residential rate. Mr. Kenneth Zielinski, 3804 Dawn Drive, appeared before the Council. Mr. Zielinski stated he felt the improvements would not improve his property value. Mr. Zielinski stated that water stood in his drive when it rained. Mr. Zielinski stated he was registering a protest. Mrs. Cynthia Bowdoin, 6412 Harmonson, appeared before the Council. Mrs. Bowdoin asked why the property owners in Diamond Loch who did not have drives were not being assessed. Mayor Faram stated the values would not increase for the ones who had drives. Mayor Faram stated the property owners would be required to sign a covenant stating if a curb cut was made they would have to pay the full assessment. Mrs. Bowdoin stated that if the people in Diamonch Loch did not have to pay the assessment because it would not be of benefit to them, then why did the property owners on the east side of Dawn Drive have to pay if they were not going to benefit. Councilman Kenna stated that since the Council had reduced the assessment a minimum of forty percent, it should take care of the cost for the drainage on the east side of Dawn Drive. Marilyn Zielinski, 3804 Dawn Drive, appeared before the Council. Ms. Zielinski stated that it seemed if the people who owned the Diamond Loch property were not being assessed because they would not benefit from it, and if it would not benefit the people on Dawn Drive, then why was the city spending money. Mrs. Dorothy Short appeared before the Council. Mrs. Short stated she did not live on Dawn Drive but was trying to buy property on the corner of Dawn Drive and Harmonson. Mrs. Short stated that if the water was kept back up on the hill it would not flood Diamond Loch or Dawn Drive. Mr. Earl Gleim, 6233 Onyx Drive North, appeared before the Council. Mr. Gleim stated that he agreed with everything that had been said tonight. Mr. Gleim stated there was a fourteen foot easement behind him that the city mowed occasionally. Mr. Gleim stated he recommended that the Council pass a covenant for the care and upkeep of the property. Mayor Faram stated he would ask the City Manager to check into the problem and see what could be done. Mayor Faram asked Councilman Ramsey to restate his motion. Councilman Ramsey moved, seconded by Councilman Davis, to approve Ordinance No. 968, with the following exceptions: the assessment rate of $10.15 per foot be assessed for both sides of Dawn Drive except Neighborhood Retail and Commercial; the property on the west side of Dawn Drive sign a covenant that no curb cuts would be made onto Dawn Drive and the assessment would be waived, if a curb cut was made the full assessment would have to be paid. Motion carried 7-0. August 9, 1982 Page 8 12. Mayor Faram read the following caption: AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVE- MENTS ON THE FOLLOWING STREET: DAWN DRIVE FROM ONYX DRIVE NORTH TO GLENVIEW DRIVE IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHER INTERESTED PARTIES; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY OF NORTH RICHLAND HILLS CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; PROVIDING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. Councilman Kenna moved, seconded by Councilman Ramsey, to approve Ordinance No. 969. City Attorney McEntire asked Mr. Albin if the estimates were based on reasonable engineering principals and the cost was reasonable and necessary. Mr. Albin stated that was correct. Mr. McEntire asked Mr. Riddle if he had the opportunity to go over the specifications and premises with the engineer. Mr. Riddle replied yes. Mr. McEntire asked Mr. Riddle if 'in his op1n10n the · property in question would be improved to the amount of the assessment in the original proposed ordinance. Mr. Riddle replied yes. Motion carried 7-0. 13. Mayor Faram read the following caption: ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION OF THE FOLLOWING STREET: DAWN DRIVE FROM ONYX DRIVE NORTH TO GLENVIEW DRIVE, IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; FIXING CHARGES AND LIENS AGAINST PROPERTY ABUTTING THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING FOR AN EFFECTIVE DATE. August 9, 1982 Page 9 CONSIDERATION OF ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON DAWN DRIVE FROM ONYX DRIVE NORTH TO GLENVIEW DRIVE APPROVED ORDINANCE NO. 969 CONSIDERATION OF ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION OF DAWN DRIVE FROM ONYX DRIVE NORTH TO GLENVIEW DRIVE APPROVED ORDINANCE NO. 970 Councilman Kenna moved, seconded by Councilman Ramsey, to approve Ordinance No. 970. Motion carried 7-0. Mayor Faram called a fifteen minute recess. Mayor Faram called the meeting back to order. The following were present: Mayor Dick Faram, Mayor Pro Tem Jim Ramsey, Councilmen Jim Kenna, Richard Davis, Dick Fisher, Harold Newman and J. C. Hubbard and Councilwoman Marie Hinkle. Staff Present: Dennis Horvath, Assistant City Manager, Jeanette Moore, City Secretary, Richard Albin, City Engineer, Gene Riddle, Director Public Works/Utilities, and R~x McEntire, City Attorney. 14. Mr. Horvath presented the following budget message: Presented this evening is the proposed 1982-83 Operating Budget for the City of North Richland Hills. While all of the city service needs as measured by citizens demands can never be fully met, attention has been given to the highest priority items, particularly in the area of protection of life and property. Proposed for 1982-83 are two additional patrolmen, one additional dispatcher, one referen~e librarian position, a part-time library page, the next increment of the paramedics service program, $25,000 for an outside management analysis study of staffing work procedures and scheduling in the street and utility maintenance division. In the event additional funds are required to fully maximize the results of the study, a $200,000 contingence allocation is proposed which would require future City Council action for its use. In addition, the budget also includes the sale of 4.5 million dollars in general obligation which will permit substantial acceleration in the city Capital Improvement Program. The overall budget contains $5,752,760 in general fund expenditures and $5,253,583 in utility fund expenditures. We recommend the public hearing date of August 23, 1982. Councilman Kenna moved, seconded by Councilwoman Hinkle, to set the public hearing on the budget for August 23, 1982. Motion carried 7-0. 15. Mr. Horvath presented the following Captia1 Improvement budget: Presented this evening is a proposed Capital Improvement Program designed to assist Council in planning for the physical needs of the City. This proposal does include an allocation for $500,000 for park development. We recommend a public hearing on the Capital Improvements budget be set for August 23, 1982. August 9, 1982 Page 10 RECESS BACK TO ORDER PRESENTATION OF PROPOSED BUDGET FOR FISCAL YEAR 1982-83, FOR THE CITY OF NORTH RICHLAND HILLS PRESENTATION OF PROPOSED CAPITAL IMPROVEMENTS PROGRAM BUDGET FOR THE CITY OF NORTH RICHLAND HILLS Councilwoman Hinkle moved, seconded by Councilman Ramsey, to set the public hearing on the proposed Capital Improvement budget for August 23, 1982. Motion carried 7-0. 16. Mr. Horvath stated the city was required by law to conduct a "Proposed Use Hearing" on the 1982-83 revenue sharing allocation. Mr. Horvath stated this would provide an opportunity for citizens to give oral and written recommendations to the Manager on the suggested use of revenue sharing. Mayor Faram called for anyone wishing to speak to please come forward. No one appeared. Councilman Kenna moved, seconded ~y Councilman Fisher, to set the public hearing on the proposed use for General Revenue Sharing for August 23, 1982. Motion carried 7-0. 17. Mayor Faram read the following caption: AN ORDINANCE CREATING THE OFFICES OF CIVIL PREPAREDNESS DIRECTOR AND COORDINATOR, AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; CREATING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH EMERGENCIES THREATENING LIFE AND PROPERTY IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200.00 Councilman Kenna moved, seconded by Councilman Newman, to approve Ordinance No. 971. Motion carried 7-0. 18. Mr. Horvath stated authorization was needed to proceed with the Drainage Master Plan and also authorization for the Mayor to sign the contract. Mr. Horvath stated the cost was $85,000.00, funds appropriated from General Fund Surplus. Councilman Davis moved, seconded by Councilman Ramsey, to authorize the proceeding of the Drainage Master Plan and authorize the Mayor to sign the contract, cost not to exceed $85,000.00 to be appropriated from General Fund Surplus. Motion carried 7-0. August 9, 1982 Page II "PROPOSED USE" HEARING FOR GENERAL REVENUE SHARING PURPOSES CONSIDERATION OF CIVIL PREPAREDNESS ORDINANCE APPROVED ORDINANCE NO. 971 DRAINAGE MASTER PLAN, AUTHORIZATION OF SERVICES AND AGREEMEN1 FOR ENGINEERING SERVICES. 19. Councilwoman Hinkle moved, seconded by Councilman Ramsey, to approve payment to R. E. Dow and Son in the amount of $13,393.50, Estimate #3 and final. Funds appropriated from Utility Fund Surplus. Motion carried 7-0. 20. Councilman Kenna moved, seconded by Councilman Newman, to approve partial payment to Austin Road Company in the amount of $40,492.54, Rufe Snow Drive, Phase I, funds appropriated from Bond Funds. Motion carried 7-0. 21. This item heard at the beginning of the meeting. 22. Mayor Faram read the following Resolution: Be it resolved by the City Council of the City of North Richland Hills, Texas, that: The Mayor is authorized and directed to negotiate _ an amendment to the Contract with the present City Manager that encompasses a merit increase, or lump sum loan in lieu thereof, for the City Manager over a period of time not to exceed four (4) years and an amount not to exceed Seven Thousand Dollars ($7,000) per year. Councilman Ramsey moved, seconded by Councilman Kenna, to approve Resolution No. 82-22. Motion carried 7-0. 23. & 24. City Attorney McEntire stated that item #23 & 24 should be one item. Mayor Faram read the following Resolution: WHEREAS, a public necessity exists to acquire a right-of-way over, under and through two certain tracts of land belonging to Myrtle Lee Pippin and Carroll Pippin, respectively, to construct and maintain a permanent public street and thoroughfare; and WHEREAS, the City of North Richland Hills, Texas has made an offer to the owners of the two tracts of land and the owners have not accepted said offers and the parties have not been able to agree upon purchase price and/or damages. August 9, 1982 Page 12 CONSIDERATION OF PAYMENT TO R. E. DOW AND SON IN THE AMOUNT OF $13,393.50, ESTIMATE #3 AND FINAL - CONN DRIVE STEEL RESERVOIR APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #9, TO AUSTIN ROAD COMPANY IN THE AMOUNT OF $40,492.54 - RUFE SNOW DRIVE, PHASE I APPROVED CONSIDERATION OF RESOLUTION AUTHORIZING THE MAYOR TO NEGOTIATE CITY MANAGER'S CONTRAC1 APPROVED RESOLUTION NO. 82-22 CONSIDERATION OF RESOLUTION PERTAINING TO GRANTING AUTHORITY FOR CONDEMNATION PROCEEDINGS - CARROLL PIPPIN - MYRTLE PIPPIN APPROVED RESOLUTION NO. 82-23 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The city attorney is authorized and directed to institute and prosecute eminent domain proceedings to acquire the permanent street right-of-way from Myrtle Lee Pippin and Carroll Pippin, respectively. 2. The tract of land belonging to Myrtle Lee Pippin is described on Exhibit "A" attached hereto. The tract of land belonging to Carroll Pippin is described on Exhibit "B" attached hereto. Councilman Ramsey moved, seconded by Councilman Newman, to approve Resolution No. 82-23. Motion carried 7-0. 25. Assistant City Manager Horvath read the following Resolution: WHEREAS, the United States Congress has under consideration S.2l72 pertaining to regulation of the cable television industry; and WHEREAS, enactment of S.2l72 in its present amended form would severly limit local regulatory authority, threaten existing franchise agreements, and deal a crippling blow to noncommerica1 access to cable; and WHEREAS, the City of North Richland Hills believes that the primary First Amendment rights lie with the people rather than the cable company; and WHEREAS, in the proposed legislation the public's rights of access to the media are superseded by the rights of businesses to control what the public will see and hear; and WHEREAS, it is our position that any cable legislation that curtails access or local authority is inappropriate; and WHEREAS, substantial reV1S1ons of the Goldwater Cable Bill threaten local access efforts and curtail local regulatory control; and WHEREAS, local governments will lose most of their franchise fee revenues needed to support and offset the costs of municipal cable/TV administration and programming; August 9, 1982 Page 13 CONSIDERATION OF RESOLUTION PERTAINING TO LEGISLATION REGARDING CABLE TV REGULATION APPROVED RESOLUTION NO. 82-24 August 9, 1982 Page 14 NOW, THEREFORE, be it resolved by the City of North Richland Hills that members of the Congress be urged .to oppose this Bill until these issues are properly addressed. Councilman Kenna moved, seconded by Councilman Ramsey, to approve Resolution No. 82-24. Motion carried 7-0. 26. None. CITIZEN PRESENTATION 27. Mayor Faram recessed the meeting for executive session. RECESS FOR EXECUTIVE SESSION TO CONSIDER LAND TRANSACTION The meeting was called back to order with the same Council Members and Staff as recorded. 28. Mayor Faram adjourned the meeting of August 9, 1982. ADJOURNMENT Dick Faram, Mayor ATTEST: Jeanette Moore, City Secretary