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HomeMy WebLinkAboutCC 1982-11-22 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, NOVEMBER 22, 1982 - 7:30 P.M. 1. Mayor Faram called the meeting to order November 22, 1982 at 7:30 p.m. 2. Present: Dick Faram Jim Ramsey Jim Kenna Richard Davis Dick Fisher Marie Hinkle Mayor Mayor Pro Tern Councilmen Councilwoman Staff: Rodger Line Jeanette Moore Rex McEntire Richard Albin Dennis Horvath Gene Riddle City Manager City Secretary City Attorney City Engineer Assistant City Manager Director Public Works/ Utility Director Finance Purchasing Agent Lou Spiegel John Whitney Board Members: Margie Nash Mr. Josh Davis CALL TO ORDER ROLL CALL Planning and Zoning Parks and Recreation Commission Press: Jeff Yates Mid Cities Daily News Absent: Harold Newman J. C. Hubbard Councilman Counc ilman 3. The invocation was given by Councilwoman Marie Hinkle. 4. Councilman Davis moved, seconded by Mayor Pro Tern Ramsey, to approve the minutes of the regular meeting November 8, 1982. "Motion to approve carried 5-0. 5. Mayor Faram presented a Five Year Certificate and Service pin to Kim Burkhart for five years of service in the Police Depart- ment. INVOCATION CONSIDERATION OF MINUTES OF THE REGULAR MEETING NOVEMBER 8, 1982 APPROVED "" PRESENTATION OF FIVE YEAR CERTIFI- CATE AND SERVICE PIN TO KIM BURKHART - POLICE DEPARTMENT 6. Mayor Faram advised the Council that the Planning and Zoning Commission had recommended approval subject to the Engineer's comments. All comments had been met. Councilman Kenna moved, seconded by Councilman Davis, to approve PS 82-33, subject to the Engineer's comments. Motion carried 5-0. 7. Mayor Faram advised the Council that the Planning and Zoning Commission had recommended approval subject to the Engineer's comments and all comments had been met. Councilman Fisher moved, seconded by Councilwoman Hinkle, to approve PS 82-38. Motion carried 5-0. 8. Mayor Faram advised the Council the Planning and zoning Com- mission had recommended approval subject to the Engineer's comments and all comments had been met. Councilman Kenna moved, seconded by Councilman Davis, to approve PS 82-39, subject to the Engineer's comments. Councilman Fisher stated he did not think construction could begin until the property had been platted. Mr. Line stated construction was allowed if the applicant sent a letter stating that an Engineer had been retained to follow- up on the platting. Motion carried 5-0. November 22, 1982 Page Two PLANNING & ZONING REQUEST OF ALFRED A. ST. ARNOLD FOR REPLAT OF LOT l-R, CALLOWAY ACRES (LOCATED ON PARCH- MAN STREET NORTH OF GRAPEVINE HIGHWAY APPROVED PLANNING & ZONING PS 82-38, REQUEST OF STONEYBROOKE INCORPORATED, FOR FINAL PLAT OF LOTS 7-12 AND TRACT A-R, BLOCK 13, STONEYBROOKE ADDI- TION (LOCATED ON THE EAST SIDE OF DAVIS BOULEVARD BOUNDED ON THE NORTH BY HIGHTOWER AND ON THE SOUTH OF BROOKHAVEN DRIVE) APPROVED PLANNING & ZONING PS 82-39, REQUEST OF YMCA FOR FINAL PLAT OF LOT 2, BLOCK 11, EMERALD HILLS ADDITION (LOCATED ON EAST SIDE OF DAVIS BOULEVARD AT LYNDA LANE) APPROVED 9. Mayor Faram advised the Council that the Planning and Zoning Commission had recommended approval subject to the Engineer's comments and all comments had been met. Councilman Davis moved, seconded by Councilman Kenna, to approve PS 82-43, subject to the Engineer's comments. Councilman Davis stated that in the Engineer's letter to the Planning and zoning Commission reference was made re- garding a fire hydrant being installed because the nearest hydrant was 800 feet west of the development. Councilman Davis stated the applicant had requested the fire hydrant not be installed at this time. Councilman Davis asked if the staff felt the fire hydrant was needed. Mr. Riddle stated he did not feel the fire hydrant was needed for this one house at this time. Mr. Riddle stated this was a replat and was not sure the City could require the applicant to put in a fire hydrant. Motion to approve carried 5-0. 10. Mayor Faram advised the Council that Items 10 through 14 could be considered consent items as they were all related. Mayor Faram stated the Council was free to ask questions on anyone of the items. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval of all of the platting cases subject to the Engineer's comments had been met. Councilman Davis moved, seconded by Councilman Kenna, to approve PS 82-46, PS ~2-47, PS 82-48, PS 82-49, and PS 82-50, subject to the Engineer's comments. Motion carried 5-0. 11. November 22, 1982 Page Three PLANNING & ZONING PS 82-43, REQUEST OF RICHARD G. ARGERIS FOR REPLAT OF LOT lR, BLOCK 4, MORGAN MEADOWS ADDITION (LOCATED ON THE SOUTH SIDE OF NORTH FORTY AT MEADOW CREEK) APPROVED PLANNING & ZONING PS 82-46, REQUEST OF NORTHEAST CON- STRUCTION COMPANY FOR REPLA T OF HOLIDAY WEST ADDITION, SECTION 3-A (LOCATED NORTH OF TRINIDAD DRIVE AND BOUNDED ON THE EAST BY HOLIDAY WEST ADDITION) APPROVED PLANNING & ZONING PS 82-47, REQUEST OF NORTHEAST CONSTRUCTION FOR REPLAT OF HOLIDAY WEST ADDITION SECTION 4 (LOCATED NORTH OF HOLIDAY WEST ADDITION, SECTION 1, BOUNDED ON THE EAST BY HOLIDAY WEST ADDI- TION, SECTION 2) APPROVED 12. 13. 14. 15. Councilwoman Hinkle moved, seconded by Councilman Fisher, to approve payment to Austin Road Company in the amount of $51,783.70. Mr. Albin stated that this particular contract was let in the amount of $392,913.94 and there were provisions in the contract documents provide that if the total contract exceeds $400,000.00 the retainage withheld on each month's request November 22, 1982 Page Four PLANNING & ZONING PS 82-48, REQUEST OF NORTHEAST CONSTRUCTION FOR REPLAT OF HOLIDAY WEST ADDITION, SECTION 5 (LOCATED SOUTH OF TRINIDAD DRIVE AND BOUNDED ON THE SOUTH BY HOLIDAY WEST ADDI- TION, SECTION 1) APPROVED PLANNING & ZONING PS 82-49, REQUEST OF NORTHEAST CON- STRUCTION FOR RE- PLAT OF HOLIDAY WEST ADDITION, SECTION 6 (LOCATED NORTH OF TRINIDAD AND BOUNDED ON THE WEST BY HOLIDAY WEST ADDITION, SECTION A) APPROVED PLANNING & ZONING PS 82-50, REQUEST OF NORTHEAST CONSTRUCTION COMPANY FOR RE- PLAT OF HOLIDAY WEST, SECTION 7 (LOCATED SOUTH OF NRH INDUSTRIAL PARK AND APPROXI- MATELY 600 FEET SOUTH OF THE RAILROAD TRACT) APPROVED CONSIDERATION OF PAYMENT TO AUSTIN ROAD COMPANY IN THE AMOUNT OF $51,783.70 FOR DAWN DRIVE IMPROVEMENTS APPROVED for payment to be reduced from a standard of 10 percent down to five percent. Mr. Albin stated his recommendation was to decrease the retainage to five percent since change orders, which had been added to the contract increased it beyond $400,000. Mr. Albin stated the contract was established at $414,464.20. Mayor Faram asked if this contractor had a good performance record. Mr. Albin stated yes. Councilman Davis made a substitute motion, seconded by Councilman Davis, to pay Austin Road Company $63,016.98 and comply with the five percent retainage. Substitute motion carried 5-0. Original motion was moot. 16. Councilman Davis moved, seconded by Councilwoman Hinkle, to approve final payment to Austin Road Company in the amount of $45,738.43. Motion carried 5-0. 17. Mr. Line stated this was a budgeted item in the 1982-83 budget. Mr. Line stated $30,000.00 was budgeted to replace the carpet throughout City Hall. Mr. Line stated the original bid was $36,520.60 and negotiations had resulted in reducing the cost to $32,103.99. Mr. Line stated the Staff would recommend accepting the bid even though it was $2,100.00 over the budgeted amount. Mr. Line stated the purchasing Agent had been successful in saving the City's cost of maintenance on the heating and air conditioning through a process of selecting a supplier to the extent that the overrun could be covered. Councilman Davis moved, seconded by Mayor Pro Tem Ramsey, to reject the bid and resubmit bids. Councilman Fisher stated he understood the new carpet would be laid over the old carpet and asked if this was normal procedure. Mr. Line stated it was not planned originally to place the new carpet over the old, but the measure was taken to try to reduce the cost. Councilman Fisher asked if the $3,000.00 in the bid was for moving the furniture only. November 22, 1982 Page Five CONSIDERATION OF FINAL PAYMENT TO AUSTIN ROAD COMPANY IN THE AMOUNT OF $45,738.43 FOR RUFE SNOW DRIVE PHASE I APPROVED CONSIDERATION OF AWARDING BID FOR CARPET FOR CITY HALL REJECTED Mr. Line stated that was correct. Councilman Kenna stated he did not understand why only one bid was received and a guarantee of $14.66 a yard would not be a very good grade of carpet. Mr. Riddle stated that five different companies had looked at City Hall and they did not like the idea of moving the furni- ture in the Library. Mr. Riddle stated he had contacted pro- fessional movers and they wanted between $8,000 and $10,000 to move the Library. Mr. Riddle stated the carpet was a com- mercial grade of carpet. Councilwoman Hinkle asked Mr. Riddle if he thought the bids would be lower if rebid. Mr. Riddle stated there was a good possibility that they would be higher. Councilman Kenna asked how long the bids were good for. Mr. Riddle stated the bid was good for sixty days and the time would be up this month. Councilman Davis stated he did not like the idea of only having one bid. Councilman Davis called for the question, seconded by Mayor Pro Tem Ramsey. Motion carried 4-1; Councilmen Kenna, Ramsey, Davis and Fisher voting for; Councilwoman Hinkle voting against. Original motion to reject the bid carried by a vote of 4-1; Councilmen Kenna, Davis, Fisher and Ramsey voting for; Councilwoman Hinkle voting against. 18. Mr. Line stated the low bid on the water storage tank was below the Engineer's estimate. Mr. Line stated the staff recommended the bid of Universal Tank and Iron Works in the amount of $1,079,310 be accepted. Councilman Kenna moved, seconded by Councilman Davis, to award the bid to Universal Tank and Iron Works in the amount of $1,079,310 be accepted. Motion carried 5-0. November 22, 1982 Page Six CONSIDERATION OF AWARDING BID FOR ELEVATED WATER STORAGE TANK APPROVED 19. Mr. Line stated this item was part of the Capital Improvement Program. Mr. Line stated that five streets in North Hills would be reconstructed; North Hills Drive, Circular Drive, Reeves Street, Northcut Drive and Orient Court. Mr. Line stated this bid was also below the Engineers' estimate. Mr. Line stated the Staff recommended the low bid of Stolaruk Corporation in the amount of $539,489.47 be accepted. Mayor Pro Tem Ramsey moved, seconded by Councilwoman Hinkle, to award the bid to Stolaruk Corporation in the amount of $539,489.47. Motion carried 5-0. COUNCILMAN HUBBARD NOW PRESENT. 20. Councilman Kenna moved, seconded by Councilman Davis, to approve Ordinance No. 988 with a portion of Section 3 of Ordinance 865 added beginning with "Thirty days notice and ending with to the highest bidder", with what was being proposed in Section 3 of Ordinance No. 988. Motion carried 5-1; Councilmen Kenna, Hubbard, Fisher, and Davis and Councilwoman Hinkle voting for; Mayor Pro Tem Ramsey voting against. 21. Mr. Line stated there were two problems with the present ordinance relating to inoperative vehicles that the Staff was proposing to try and correct. One problem WqS on the limit of the number of inoperative vehicles that someone could have at their home indicating they were working on them. The second problem was they were given ninety days to work on the inoperative vehicle and this made it difficult to enforce the ordinance in trying to keep them from being parked on the streets. Mr. Line stated the Staff was proposing that they not be allowed to work on more than one at anyone time. Mr. Line stated the Staff also felt that ninety days was excessive. Mr. Line stated he would ask the Council, if they agreed ninety days was excessive, to set a time they felt was fair. Councilman Hubbard moved, seconded by Councilman Kenna, to approve Ordinance No. 989 and set the time limit at 45 days. Councilman Fisher stated it was indicated the cars would be parked on the street; did the ordinance include cars that would be parked in the backyard. Mr. Line stated yes, the ordinance did permit cars to be parked in the backyard behind a screening or wood fence and not visable from the street. November 22, 1982 Page Seven CONSIDERATION OF AWARDING BID FOR STREET AND DRAINAGE IMPROVEMENTS IN NORTH HILLS APPROVED CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 865 - DISPOSITION OF STOLEN RECOVERED, ABANDONED AND FOUND PROPERTY APPROVED ORDINANCE NO. 988 CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 461 - NUISANCE ORDINANCE - INOPERATIVE VEHICLES APPROVED ORDINANCE NO. 989 Councilman Hubbard asked if the ordinance meant not necessarily an inoperative vehicle, but one setting over a period of time that did not have a current license or inspection sticker. Mr. Line stated yes, if the vehicle was inoperative an expired license or inspection would indicate it was not operative. Mayor Pro Tem Ramsey asked if the 45 days would be from the date the City was notified on the inoperative vehicle. Mr. Line stated it would be from the date of the first inspection by the City. Mayor Pro Tem Ramsey asked if it would be after a citizen complained. Mr. Line stated that normally it would be by complaint. Motion carried 6-0. 22. Mr. Line stated the City had received the revised tax roll from Tarrant Appraisal and it was $645,669,207. Mr. Line stated this would enable the City to lower the tax rate. Mr. Line stated his recommendation would be to set the rate at $0.57 and $0.22 for Debt Service and $0.35 for General Fund. Mr. Line stated this would be $0.03 lower than what was set the previous month. Councilman Kenna moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 990 setting the tax rate at $0.57, $0.22 for Debt Service and $0.35 for General Fund. Councilman Davis stated this tax rate was a reduction from last Yßar and the City was able to stay within their means and also keep the city services up. Motion carried 6-0. 23. Mr. Paul Goodman, 7825 Maplewood, appeared before the Counc il. Mr. Goodman stated he had been a citizen and taxpayer in North Richland Hills for twenty-four years. Mr. Goodman stated the residents on Maplewood, Birchwood and Stanley had a serious problem. Mr. Goodman stated they had gone before the Zoning Commission on this problem in October and the case had been delayed and they were going back before the Commission in December. Mr. Goodman stated the problem was at 7817 Maplewood, a single family dwelling being operated as a Day Care Center. Mr. Goodman stated that never at any time had this property been zoned for anything other than a November 22, 1982 Page Eight CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 980 - AD VALOREM TAX RATE APPROVED ORDINANCE NO. 990 CITIZEN PRESENTATION single family dwelling. Mr. Goodman stated that the property all around 7817 Maplewood was single family. Mr. Goodman stated that Maplewood was used as a thoroughfare and it was very dangerous. Mr. Goodman stated that the City gave these people a temporary permit to keep a small number of children because they had owned a Day Care Center where the YMCA is located and they lost their lease. Mr. Goodman stated they had tried to get the Zoning Commission and Council to do something about it. Mr. Goodman stated the Day Care Center was a nuisance and a traffic hazard. Mayor Faram asked Mr. Goodman if he had attended the Council meeting of November 8, 1982. Mr. Goodman replied no. Mayor Faram asked Mr. Goodman if a petition was being circulated in the neighborhood asking that the property be kept single family. Mr. Goodman replied yes, he had the petition with him. Mayor Faram advised Mr. Goodman that when the petition was presented to the City, the City Attorney had advised the Council that action then could be taken. Mr. Goodman stated he had been informed that the only recourse the neighbors had was to file a nuisance complaint. Mayor Faram advised Mr. Goodman that when the nuisance complaint was filed then the City could initiate the necessary legal action. Mr. Goodman stated the Zoning Board advised the neighbors to turn in the petition to them because they would make the recommendation of approval or denial to the Council. Mayor Faram asked if there was an application on the rezoning before the Zoning Commission. Councilman Davis stated there was a pending application. Councilman Davis stated the Planning and Zoning Commission had some question on the variance. Councilman Davis stated there was a pending application before the Planning and Zoning Commission asking for Specific Use-Day Care Center. Councilman Davis stated the application was withdrawn because the Planning and Zoning November 22, 1982 Page Nine was not sure whether the variance was in effect or not. Councilman Davis stated there was a petition voicing opposition to the zoning change. Councilman Davis stated that at the November 8, 1982 meeting some of the neighbors were advised they could get another petition and asked the Council to declare the Day Care Center a nuisance and it would bypass the Planning and Zoning Commission. Mr. Goodman stated he had the petition with him tonight but it was not complete. Mayor Faram asked Mr. Goodman what kind of petition he had. Mr. Goodman stated it was a petition stating they did not want the property rezoned or used as a Day Care Center. City Attorney McEntire checked the petition and stated it was a nuisance petition. Mayor Faram directed the City Attorney to start action on the petition. Mr. McEntire stated the Council would have to set a hearing on the petition. Mayor Faram set the hearing on the petition for January 10, 1983 and directed the City Secretary to make notification on the hearing and notify the citizens who had signed the petition. Mr. Ralph Theasher, 6704 Starnes, appeared before the Council. Mr. Theasher asked how much the over 65 exemption was. Mayor Faram advised it was $12,500. Mr. Theasher asked if the Council would consider increasing the exemption. Mayor Faram stated that if the exemption was increased taxes would have to be raised. Mayor Faram stated it would be hard to convince him to raise the exemption, he was in sympathy with the persons over sixty-five, but he was also in sympathy with the young mothers that had to leave their children to go out and help foot their tax bill. Mr. Theasher stated he had been asked by some of his neighbors that live on the far end of Rufe Snow if there would be an alternate route when Rufe Snow was torn up. November 22,1982 Page Ten Mayor Faram advised Mr. Theasher that provisions would be made. Mr. Theasher asked if the City Attorney had found out about the 1% sales tax on the utility bills. Mr. McEntire stated he had not found out about the tax but would try to find out what the tax was used for. 24. Mayor Faram adjourned the meeting of November 22, 1982. ATTEST: November 22, 1982 Page Eleven ADJOURNMENT ,//