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HomeMy WebLinkAboutCC 1983-04-11 Minutes Present: ITEM DISCUSSION OF RESOLUTION ON SALE OF BONDS (AGENDA ITEM 1/30) NOTES ON PRE-COUNCIL MEETING APRIL II, 1983 Dick Faram Jim Ramsey J.C. Hubbard Jim Kenna Dick Fisher Harold Newman Richard Davis Marie Hinkle Rodger Line Dennis Horvath Richard Albin Rex McEntire Marjorie Nash Gene Riddle Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Councilwoman City Manager Assistant City Manager City Engineer City Attorney Planning & Zoning Member Public Works Director DISCUSSION Rodger Line explained to the Council the two most significant tables in the rate study prepared by KEF. He specifically pointed out the fact that an immediate sale of three million dollars of revenue bonds would provide a coverage of 1. 52 in 1986. The required minimum coverage is 1. 30. Also discussed were the water projects contained in table 5 and that once the three million worth of bonds were sold we will proceed with the engineering and design of these jobs. Briefly discussed was the requirements beginning July 1st to have the bonds registered, which will adversely effect the bond program. DISCUSSION OF BIDS The over-run on the estimate on Rufe Snow was FOR RUFE SNOW DRIVE PHASE II (AGENDA discussed. The Mayor, Mayor Pro Tem Ramsey, ITEM 1/ 29) and Councilman Davis will serve on a committee to work with the staff and the engineers to rewrite the bid specifications to possibly include raising the penalty and adding an incentive clause. ASSIGNMENT Lou - follow up on bond sale. RNL Committee to meet 5:30 p.m. 4/12/83 ITEM DISCUSSION OF SEWER PROBLEM IN SMITHFIELD ACRES DISCUSSION OF CURB REPLACEMENT IN STREET RECONSTRUCTION PROJECTS DISCUSSION OF INSPECTION DEPART- MENT PROCEDURES AND FEES DISCUSSION OF OTHER ITEMS Notes on Pre-Council Meeting April 11, 1983 Page 2 DISCUSSION The three proposals for solving the Smithfield Acres sewer problem were discussed. It was decided that option two ($44,000) would be tried first, then option three, as outlined in Gene Riddle's memo of 4-6-83. Prior to bidding the contract a neighborhood meeting will be scheduled. Two citizens appeared before the Council to ask for curb replacement in front of their houses. Mayor Faram, Mayor Pro Tem Ramsey and Councilman Richard Davis explained to the citizens the policy that has been in effect since 1968 - generally the policy is that the City Inspector and City Engineer will make a determination if curbing will be replaced due to a grade change or deterioration of existing curb. These are the only reasons curbs will be replaced on any project. Replacing curbs for cosmetic reasons is not an economically sound practice. Mayor Pro Tem Ramsey asked that this be postponed until the Budget Work Session. Richard Davis asked that the meeting scheduled for Thursday night with the Planning and Zoning and the Council be postponed. ASSIGNMENT RNL NAN Lou & Gene schedule a discussion NAN 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 11, 1983 - 7:30 P.M. 1. Mayor Faram called the meeting to order April 11, 1983, at at 7:30 p.m. 2. Dick Faram Jim Ramsey Jim Kenna Richard Davis J.C. Hubbard Dick Fisher Harold Newman Marie Hinkle Councilwoman Present: Mayor Mayor Pro Tem Councilman Staff : Rodger Line Jeanette Moore Dennis Horvath Rex McEntire Richard Albin Gene Riddle City Manager City Secretary Assistant City Manager City Attorney City Engineer Director Public Works/ Utility Police Chief Finance Director Jerry McGlasson Lou Spiegel Planning & Zoning Marj orie Nash Don Bowen George Tucker Members: Press: Jeff Yeates Mid Cities 3. The invocation was given by Councilman Dick Fisher. 4. Mayor Faram presented the following Resolution: RESOLUTION NO. 83-10 WHEREAS, an Election was duly held in the City of North Richland Hills, Texas, on the 2nd day of April, 1983, to elect Council Places 1; 3; 5; and 7; and WHEREAS, the Mayor and City Council duly canvassed the votes of said election on this the 11th day of April, 1983; and CALL TO ORDER INVOCATION CONSIDERATION OF RESOLUTION CANVASSING THE CITY ELECTION HELD ON APRIL 2, 1983 APPROVED RESOLUTION NO.83-10 WHEREAS, the canvass showed the following results: Candidates Off ice Total Jeff Newsom Gerald Stewart Marie Hinkle Council Place 1 136 191 567 Richard Davis Russell P. Johnson Jim Ramsey Council Place 3 615 240 1 Write-In Dick Fisher Lyle E. Welch Peter "Pete" Eggert Council Place 5 641 5 222 W.D. "Bill Whitaker Sid Cavanaugh Harold Newman 141 208 534 Council Place 7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The above canvass be and the same hereby is in all things approved. 2. The Council finds that the following candidates should be declared elected to the office indicated: Office Duly Elected Official Council Place 1 Marie Hinkle Council Place 3 Richard Davis Council Place 5 Dick Fisher Council Place 7 Harold Newman Passed and approved this 11th day of April, 1983. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to approve Resolution No. 83-10. Motion carried 7-0. April 11, 1983 Page 2 5. City Attorney McEntire administered the following Oath to Councilmen Davis, Fisher and Newman and Councilwoman Hinkle: OATH OF OFFICE I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of (City Councilman/Councilwoman) 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 Unites 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. Councilman Fisher introduced his wife, Pat. Councilman Fisher stated that she had given him a lot of support and he was very appreciative. Councilman Newman introduced his wife, Shirley. Councilwoman Hinkle introduced her daughter, Marsha, Grandson, Johnny Lee and Mrs. Betty Stimmel. Councilman Davis stated he would like to thank the members of the Council for their help and support. Mayor Faram congratulated the newly elected members. 6. Mayor Pro Tem Ramsey moved, seconded by Councilman Newman, to approve the minutes of the special meeting March 21, 1983. Motion carried 6-0; Councilman Davis abstaining due to absence from the meeting. 7. Councilman Fisher moved, seconded by Councilwoman Hinkle, to approve the minutes of the recessed meeting March 21, 1983. Motion carried 7-0. 8. Councilman Kenna moved, seconded by Councilman Davis, to approve the minutes of the regular meeting March 28, 1983. Councilman Hubbard stated that on page 13, Item 28, there were some questions asked of Mr. Flint in regards to the organization of youth Mr. Flint was working on and if he sounded facetious to Mr. Flint he apologized. Councilman Hubbard stated he was only wondering why there was another organization. Councilman Hubbard stated that Mr. Flint explained they were working with the High School to get a soccer organization in the school system that would be comparable with the state soccer program. Motion carried 7-0. March 11, 1983 Page 3 SWEARING-IN OF COUNCIL PERSONS FOR PLACE 1, 3, 5, & 7 CONSIDERATION OF MINUTES OF THE SPECIAL MEETING MARCH 21, 1983 APPROVED CONSIDERATION OF MINUTES OF THE RECESSED MEETING MARCH 21, 1983 APPROVED CONSIDERATION OF MINUTES OF THE REGULAR MEETING MARCH 28, 1983 APPROVED 9. Councilman Davis removed Item #13; Mayor Pro Tem Ramsey removed Item #24, Councilman Fisher removed Item #15. 10. Councilman Hubbard moved, seconded by Councilman Kenna, to approve the consent agenda. Motion carried 7-0. 11. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Elmer Allison, 3725 Flory, appeared before the Council. Mr. Allison stated he had acquired the property in 1974 and it cost approximately $20,000 to improve the property before it could be built on. Mr. Allison stated the request for a zoning change was made for several reasons, one being that it was not economical to build single family. Mr. Allison stated that an appraisal of the existing homes in the area showed $37.00 to $42.00 a square foot and the cost for new houses was close to $47.00 to $48.00. Mr. Allison stated it was not economically feasible to use the property the way it was presently zoned. Mr. Allison stated he would appreciate the opportunity to rezone the property and make something useful out of it for himself and the city tax rolls. Mayor Faram called for anyone wishing to speak in opposition to the request to please come forward. Mr. Eddy Hinds, 3513 Tourist, appeared before the Council. Mr. Hinds stated that his property faced the property in question. Mr. Hinds stated that this request had been brought up seven or eight times in the last couple of years and he felt the same as he did then. Mr. Hinds stated that he bought his home because it was in a single family neighborhood. Mr. Hinds stated the property was located on the street by the park and if duplexes were build there would be twice the traffic. Mr. Hinds stated the rent property would not be kept up. Mr. Hinds stated the Planning and Zoning Commission had advised him that this request could came up every six months, but it had been less than three months. April 11, 1983 Page 4 CONSIDERATION OF REMOVING ITEM (S) FROM CONSENT AGENDA CONSIDERATION OF CONSENT AGENDA (ITEMS INDICATED BY ASTERISK) #14, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 30, 31, 32, 33 & 34) APPROVED PLANNING & ZONING PUBLIC HEARING, APPEAL HEARING PZ 82-33, REQUEST OF ALCO DEVELOPMENT TO REZONE A PORTION OF TRACT 6, MAHALA LYNCH SURVEY, ABSTRACT 953, FROM IF-12-0NE FAMILY DWELLING TO 2F-9- TWO FAMILY DWELLINGS (LOCATED APPROXIMATELY 117 FEET EAST OF TOURIST DRIVE AND APPROXIMATELY 150 FEET SOUTH OF BEWLEY STREET) Mayor Faram stated that the request had gone before the Planning and Zoning and not the Council. Mayor Faram stated that the applicant had the legal right to petition the Council to appeal the decision of the Planning and Zoning Commission and the Council was obligated to have the hearing. Mr. Albert Alford, 3508 Tourist, appeared before the Council. Mr. Alford stated that he had lived in his house since 1966. Mr. Alford stated that in the summer time there was not adequate water pressure and duplexes would add to the problem. Councilman Fisher asked Mr. Alford if he was saying there would be less of a water shortage if single family dwellings were built. Mr. Alford stated he did not know, but it was not good the way it was. Mr. Alford stated that he had his house appraised in January, 1983, and it was appraised at $74,009.00, sellable. Mr. Edith Townsend, 3512 Tourist, appeared before the Council. Mrs. Townsend stated that just up the street there were duplexes and there were old junk cars parked on the street and you could hardly get down the street. Mrs. Townsend stated that Mr. Allison had said he had filled in the lot, that was true but he had pushed the dirt in the drainage ditch and the water was all going into the park. Mr. Raymond Berner, 3517 Tourist, appeared before the Council. Mr. Berner stated that he felt the same as his neighbors. Mr. Berner stated that the type of people that lived in duplexes were a bunch of dope addicts and he did not want those type of people in his neighborhood. Mr. Berner stated that duplexes would make the neighborhood too crowded. Councilwoman Hinkle asked Mr. Berner if he was aware that some- times a larger family lived in single family dwellings. Mr. Berner stated that if two or three bedroom houses were built there would not be 20 kids living in the house. Mr. George Townsend, 3512 Tourist, appeared before the Council. Mr. Townsend stated that the property in question was right in his back door. Mr. Townsend stated that the renters would move in and out. Mr. Townsend stated he moved from Haltom City because of rent property being around him. Mr. Townsend stated he was very much opposed to the request. April 11, 1983 Page 5 Mr. Jessie Loudermilk, 6009 Tourist, appeared before the Council. Mr. Loudermilk stated that his property was immediately adjacent to the property in question. Mr. Lowdermilk stated that the applicant had made this request several times and tonight he gave the real reason, to make more money by building duplexes instead of single family. Mr. Lowdermilk stated the Planning and Zoning Commission rejected it and he would like the Council to reject it. There being no one else wishing to speak, Mayor Faram closed the public hearing. 12. Mayor Faram advised the Council this was an appeal hearing and would require a 3/4 vote or 6 positive votes. Councilman Kenna moved, seconded by Mayor Pro Tem Ramsey, to deny PZ 82-33, Ordinance No. 1020. Motion carried 7-0. 13. Councilman Davis asked to be excused from voting on this request because his firm was the surveyor. Mayor Faram excused Councilman Davis. Councilman Hubbard moved, seconded by Councilman Kenna, to approve PS 83-20. Motion carried 6-0 *14. April 11, 1983 Page 6 CONSIDERATION OF ORDINANCE FOR PZ 82-33 DENIED ORDINANCE NO. 1020 PLANNING & ZONING PS 83-20, REQUEST OF TOMMY BROWN OF OF B&B PEST CONTROL FOR REPLAT LOTS 2R-l AND 2R-2, JACK M. ESTES SUBDIVISION (LOCATED ON THE EAST SIDE OF RUFE SNOW DRIVE AND APPROXIMATELY 200 FEET SOUTH OF GLENVIEW DRIVE) APPROVED PLANNING & ZONING PS 83-21, REQUEST OF CROSS ROADS DEVELOPMENT CORPORATION FOR FINAL PLAT OF BLOCK 11, SNOW HEIGHTS NORTH ADDITION (LOCATED ON THE NORTH SIDE OF LEWIS DRIVE AND BOUNDED ON THE WEST BY PROPOSED KILMER DRIVE AND ON THE NORTH BY MEADOW CREST DRIVE) APPROVED 15. Councilman Hubbard moved, seconded by Mayor Pro Tem Ramsey, to approve PS 83-22. Councilman Fisher stated that according to the platting map this property was zoned Local Retail and the Zoning map showed it to be Multi-family. Mr. Delbert Stembridge stated the property was rezoned about three months ago to Local Retail. *16. *17. *18. April 11, 1983 Page 7 PLANNING & ZONING PS 83-22 REQUEST OF CROSS ROADS DEVELOPMENT CORPOR- ATION FOR REPLAT OF LOT 4R, BLOCK 10, SNOW HEIGHTS NORTH ADDITION (LOCATED THE EAST SIDE OF RUFE SNOW DRIVE AND EASTWARD APPROXI- MATELY 600 FEET) APPROVED PLANNING & ZONING - PS 83-24, REQUEST OF FRANK AVERS FOR FINAL PLAT OF LOT 1, BLOCK 1, TALBOT ADDITION (LOCATED ON THE EAST SIDE OF DOUGLAS LANE BETWEEN STARNES ROAD AND HIGHTOWER DRIVE) APPROVED PLANNING & ZONING PS 83-26, REQUEST OF FREDERICK D. CULP FOR FINAL PLAT OF LOTS 1 AND 2, BLOCK 1, CULP ADDITION (LOCATED ON THE EAST SIDE OF DAVIS BOULEVARD AND EXTENDS EASTWARD TO THE RAILROAD) APPROVED PLANNING & ZONING - PS 83-29, REQUEST OF MIKE McCOY FOR FINAL PLAT OF LOTS 2 THRU 9, BLOCK 9, STONEYBROOKE ADDITION (LOCATED AT THE EAST END OF CRESTVIEW DRIVE) APPROVED April 11, 1983 Page 8 *19. PLANNING & ZONING - PS 83-30, REQUEST OF R.O. DRUMMOND, & D.L. FORD FOR FINAL PLAT OF LOT 1, BLOCK 2, TAPP ADDITION (LOCATED DIRECTLY WEST OF FACTORY OUTLET MALL) APPROVED *20. PLANNING & ZONING - PS 83-32, REQUEST OF C.L. MADDEN, III, BUILDER, INC. FOR REPLAT OF LOT 9R, BLOCK 20, RICHLAND TERRACE ADDITION (LOCATED AT THE NORTHWEST CORNER OF CLOYCE DRIVE AND JANETTA DRIVE) APPROVED *21. PLANNING & ZONING - PS 83-33, REQUEST OF NORTHEAST CONSTRUCTION COMPANY FOR FINAL PLAT OF HOLIDAY WEST ADDITION, SECTION 8 (LOCATED AT THE SOUTHEAST CORNER OF TRINIDAD DRIVE AND RUFE SNOW DRIVE) APPROVED *22. CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #2, IN THE AMOUNT OF $22,361.62, TO STOLARUK CORPORATION - JERRI JO AND ELDORADO STREET AND DRAINAGE IMPROVEMENTS APPROVED *23. 24. Mayor Pro Tem Ramsey moved, seconded by Councilman Davis, to deny payment to Stolaruk Corporation. Mayor Pro Tem Ramsey stated the City was very disappointed in the way the North Hills project was going. Mayor Pro Tem Ramsey stated the City went into this contract with good faith and at the present time the area looked like something out of World War II. Mayor Pro Tem Ramsey stated the contractor was about to over-run his time and the job was a long way from completion. Mayor Pro Tem Ramsey stated he just wanted it to be on record how totally disappointed they were with this company and they would have to go a long way to get some creditability back as far as the Council was concerned. Mayor Faram asked if the contractor was not required to keep the driveway entrances open. Mr. Albin stated they were required to keep the driveways open. Mayor Faram stated that he had heard that some of the residents could not get into their drives. Mr. Albin stated he had not heard those comments, but he understood that the City personnel had received comments to that effect. Mr. Albin stated one of the delays was because the contractor had been asked to perform some excess ground work. Mayor Faram asked what could be done about the situation. Mr. Line stated that if the Council did approve this payment tonight, when a contractor was not performing and doing the job, it could take time in getting the check made out. Councilman Davis asked what percentage of the job was complete to date. Mr. Albin stated 33% of the bid amount was used and they had to date used 51% of their time. April 11, 1983 Page 9 CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #2, IN THE AMOUNT OF $15,628.50 TO STOLARUK CORPORATION - HOLIDAY NORTH STREET AND DRAINAGE IMPROVEMENTS APPROVED CONSIDERATION OF PARTIAL PAYMENT ESTIMATE #3, IN THE AMOUNT OF $61,512.50 TO STOLARUK CORPORATION - NORTH HILLS STREET AND DRAINAGE IMPROVE- MENTS APPROVED Councilman Fisher stated that in defense of the contractor, perhaps he should have been asked to attend the meeting so he could give his reasons for the problems. Mr. Line stated it would be discussed with the contractor. Councilman Kenna stated that he felt the City Staff should meet with the contractor and try to work out a schedule they could meet. Councilman Kenna stated the problem was not only the unsightliness and mud, but several driveways were blocked. Mayor Faram asked what leverage the city would have to get the contractor's attention because the people in North Hills had been inconvenienced very much. Mr. Line stated the check could be held until everything was satisfactory. Motion to deny failed by a vote of 4-3; Councilmen Kenna, Davis, and Hubbard and Councilwoman Hinkle voting against; Councilmen Newman, Fisher and Mayor Pro Tem Ramsey voting for. Mr. Albin stated that the Contract Documents stated that through- out the entire construction the contractor shall conduct his operation in such a manner that those requiring access to the property adjacent to the construction be caused a minimum of inconvenience and all drives shall be placed in a useable condition as soon as practical. Owners or tenants of property where drive- ways and/or access are located are to be notified at least 8 hours prior to the time construction is to be started at the driveways or entrances and informed as to the length of time they will be closed which period shall not exceed 6 hours. Mayor Faram stated that when the contractor was in violation and apparently this contractor was, the only leverage was to get the staff to hold payment until they complied with the contract documents. Mr. Albin stated the contractor was in violation of the contract provisions. Councilman Hubbard moved, seconded by Councilman Kenna, to approve payment to Stolaruk Corporation in the amount of $61,512.50 for North Hills Street and Drainage improvements. Motion carried 5-2; Councilmen Kenna, Davis, Hubbard and Fisher and Councilwoman Hinkle voting for; Councilman Newman and Mayor Pro Tem Ramsey voting against. April 11, 1983 Page 10 *25. *26. *27. *28. 29. Mayor Pro Tem Ramsey stated the bids came in 30% to 50% higher than what was budgeted, therefore he moved, seconded by Councilman Davis, to reject all bids, refer it back to the Staff; directing the Staff to get with the City Engineer and come up with a possible overrun penalty and if the time allotment was underrun, the possibility of a bonus and the Mayor appointing a committee to help with the preparing of the bid documents. Motion carried 7-0. Mayor Faram appointed Councilman Davis, Mayor Pro Tem Ramsey and himself to the committee. April 11, 1983 Page 11 CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #2 AND FINAL, IN THE AMOUNT OF $1,083.49, TO LEWIS AND LEWIS - SMITHFIELD ACRES SANITARY SEWER SYSTEM IMPROVEMENTS APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #7, IN THE AMOUNT OF $73,443.91, TO AUSTIN ROAD COMPANY - DAWN DRIVE DRAINAGE PROJECT APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #2, IN THE AMOUNT OF $57,207.16 TO AUSTIN ROAD COMPANY - SNOW HEIGHTS STREET AND DRAINAGE IMPROVEMENTS APPROVED CONSIDERATION OF PARTIAL PAYMENT, ESTIMATE #2, IN THE AMOUNT OF $71,415.00, TO UNIVERSAL TANK & IRON WORKS - DAVIS BLVD. ELEVATED STORAGE TANK APPROVED CONSIDERATION OF AWARDING BID FOR RUFE SNOW DRIVE, PHASE II DENIED April 11, 1983 Page 12 *30. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF WATER & SEWER REVENUE BONDS FOR THE CITY OF NORTH RICHLAND HILLS APPROVED RESOLUTION NO. 83-11 *31. CONSIDERATION OF RESOLUTION ALLOWING TARRANT COUNTY HOUSING FINANCE CORPORATION TO CONTINUE ADMINISTERING HOME MORTGAGE LOAN PROGRAM RESOLUTION NO. 83-12 APPROVED *32. CONSIDERATION OF AWARDING BID FOR HEAVY DUTY TRUCK WITH DUMP BODY APPROVED *33. CONSIDERATION OF AWARDING BID FOR FLEXIBLE BASE AND AGGREGATE MATERIAL APPROVED *34. CONSIDERATION OF AWARDING BID FOR MOTOR FUEL APPROVED 35. None. CITIZEN PRESENTATION 36. Mayor Faram adjourned the meeting of April 11, 1983. ADJOURNMENT Ji ATTEST: n i I . L ~~)0l~ Jea tte Moore - C1ty Secretary