HomeMy WebLinkAboutCC 1981-02-09 Minutes
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301
NORTHEAST LOOP 820, FEBRUARY 9, 1981 - 7:30 P.M.
1. Mayor Faram called the meeting to order February 9, 1981, at
7:30 p.m.
2. Present:
Dick Faram
Jim Kenna
Jim ~'Jood
J. C. Hubbard
~Ji 1 ey Thomas
Dave Freeman
Sharyl Groves
S ta ff :
Chuck Wi 11 i ams
Jeanette ~·1oore
Rex ~1cEnti re
Richard Albin
News Media:
Lynda Johnson
Kelvin Todd
Joe Norton
~·1ayo r
Councilmen
Councilwoman
City t1anager
City Secretary
City Attorney
City Engi neer
CALL TO ORDER
ROLL CALL
Ft. Worth Star Telegram
North Richland Hills News
News Tribune
3. The invocation was given by David Giddings, t1inister of
Education, College Hill Church of Christ.
4. Councilman Hubbard moved, seconded by Councilman Kenna, to
approve the minutes of the January 26,1981, regular meeting.
Motion carried 6-0.
5. Mayor Faram advised the Planning and Zoning Commission had
recommended approval of this request subject to the City
Engineers' letter. All comments had been agreed too.
Councilman Wood moved, seconded by Councilman Freeman,
to approve PS 81-2.
Motion carried 6-0.
6. Mayor Faram read the following Article from the Council
Rules of Procedure:
A motion to reconsider any action of the City Council
can be made not later than the next succeeding meeting
of the City Council. Such a motion can only be made by
a member who voted with the majority.
INVOCATION
APPROVAL OF MINUTES
OF REGULAR MEETING
FOR JANUARY 26, 1981
APPROVED
PS 81-2, REQUEST OF
DR. JAMES WAGGENER
FOR FINAL PLAT OF
LOT 1, BLOCK 11,
EMERALD HILLS ADDITION
(YMCA LAWSUIT DISMISSED)
APPROVED
POSSIBLE RECONSIDERATION
OF PZ 80-36
(~1ARVIN St1ITH)
APPROVED
Councilman Thomas moved, seconded by Councilwoman Groves,
to reconsider PZ 80-36.
Motion carried 5-0; Councilman Wood abstaining due to a
business interest.
Mr. McEntire stated fifteen days notification would have to
be given before the case could be heard.
Councilman Kenna moved, seconded by Councilman Hubbard to
have the reconsideration of PZ 80-36 on ~1arch 9, 1981.
Motion carried 5-0; Councilman Wood abstaining.
7. Mr. Bob Ash, 8025 Larkspur, Fort Worth, appeared before
the Council.
Mr. Ash stated he was here to obtain Council approval
to use concrete shake tile on exterior walls on multi-
family dwellings to be constructed by his company.
Mr. Ash stated specifically four-plex units to be
constructed on two tracts zoned multi-family on Flory
Street and Lots 17 and 18, Block 4, College Hill Addition.
Mr. Ash stated he had personally contacted the neighbors
in College Hill and had the concurrences 'that they woúld
be favorable toward this type of development.
Mr. McEntire asked Mr. Ash why he was denied the use
of the concrete tile.
Councilman Kenna stated the only discussion the Council
had with Mr. Ash was the use of steel shake tile or
steel construction.
Mr. Ash stated he had talked with the Fire Chief and he
saw no reason to object to the use of the concrete tile.
Councilman Wood asked Mr. Ash if he was asking for a
variance on a specific location at this time.
Mr. Ash stated he was asking for the variance at this
time for Flory Street, but would like to request the
variance for College Hill also.
Councilman Freeman asked Mr. Ash if he had completed
any other structures of this type in the city.
t1r. Ash stated he had built two in Haltom City,
3413 and 3417 Reeves.
Councilman Freeman asked if the ones built in Haltom
City had concrete shake siding.
February 9, 1981
Page 2
CONSIDERATION OF
VARIANCE FROM BRICK
ORDINANCE, SECTION 1.04
BY PERMA STEEL COMPANY
POSTPONED
February 9, 1981
Page 3
Mr. Ash stated they did not. The basic siding on
the ones in Haltom City was aluminum shake. Mr. Ash
stated Mr. Browning had built a building on the corner
of Melborne and Pipeline that had the concrete siding.
Councilman Kenna asked if it would be necessary for
a variance from the ordinance if concrete shingles
were used on the outside of the building.
Mr. Williams stated that at the time Mr. Ash applied
for a building permit he was not talking about masonry
but steel siding.
~1r. Ash stated that in talking with the City Staff
their particular interpretation of the ordinance
procluded this type of masonry versus brick or stone
and they thought it should go before the Council.
Councilman Wood asked Mr. Ash if he realized the
corner of Abbott and College Circle was zoned
neighborhood-retail.
Mr. Ash stated it was his understanding that triplexes
or duplexes could be built in neighborhood retail.
Mayor Faram stated that was correct.
Councilman Wood stated his concern was that some
of the people in the area did not know what was being
proposed. Councilman Wood asked Mr. Ash if the
people in the area had seen what he proposed.
Mr. Ash stated the people in the area understood
multi-family dwellings would be built.
Councilman Wood asked Mr. Ash if the people knew
what type of construction and did they see the
photographs.
Mr. Ash stated some of the people saw the photographs.
He was not sure if everyone saw them.
Counçilman Wood stated he would not wantdtp give a
blanket approval. Councllman Wood state he felt
there had been some changes since the worksession.
Mr. Ash stated he understood he would need a variance
if any kind of material was used besides brick. Mr. Ash
stated he came before the Council in a worksession and
showed them the building and he did not have anything
at that time other than the steel or aluminum siding.
Mr. Ash stated he had mentioned in the meeting that he
could use concrete shake, which was in his plan at
the time to use concrete if it were approved. Mr. Ash
stated he still understood he would have to have a
variance after discussion with the City Staff.
~1ayor Faram stated that at the time of the worksession
he understood the building was to be all metal except
the ends of the building. Mayor Faram asked t1r. Ash
where he proposed to use the concrete shingles, on the
sides or the building up to the roof line.
Mr. Ash replied yes.
Mayor Faram stated he did not see that a variance was
needed if it did indeed have equal characteristics as
stated in the ordinance.
Mr. Ash stated that in his opinion this would not constitute
a variance as such because of the way the ordinance was
written the Staff did not feel comfortable with granting
a building permit without Council approval.
Mayor Faram asked the City Engineer if he had an opportunity
to evaluate this material.
Mr. Albin stated yes and he had discussed this with two
of the architects in his office and they had absolutely
no problems with it. t1r. Albin stated the ordinance
stated 75% of the walls of a building must be brick and
he was not sure the ratio would hold up with the shakes
only on the sides.
Mr. Ash stated that in order to achieve 75%, if the building
was small enough and it would not constitute 75%, in which
case he would have to add some supplement on the ends.
Mr. Ash stated the building he was proposing would be
more than 75%.
Mayor Faram asked if there was a possibility they would
be wooden.
Mayor Faram stated they would indeed be getting away from
the original purpose of the ordinance as far as the fire
hazard was concerned.
Mr. Ash stated there would be no problem adding stone or
brick up to the beginning of the second floor level on the
ends. Mr. Ash stated that in most cases they would do that,
but if he had the option and still complied with the ordinance
he would consider adding wood on some and just to give a
different appearance.
February 9, 1981
Page 4
Councilman Wood asked Mr. Ash if the Council did grant
a variance was there a possibility he would go for one
location and come back for another variance on the other
location and further, in the future for other sites
that he might choose.
Mr. Ash stated if absolutely necessary. Mr. Ash stated
the only problem he had was a matter of time to be able
to begin jobs.
Councilman Wood asked Mr. Ash if he had a preference to
which location.
Mr. Ash stated if he only had one, he would prefer the
College Hill location. He planned to start these immediately.
Councilman Freeman stated that when the brick ordinance
was updated two years ago, it was to establish a quality
of construction in the city more than to provide fire
protection.
Councilman Thomas asked if it had been determined that
a variance was needed.
Mayor Faram replied to his knowledge it had not been
determined. Mayor Faram advised if the Council so
choose they could refer it back to the Staff.
Councilman Freeman moved, seconded by Councilman Hubbard,
to postpone this item until the next Council meeting
with instructions to the Staff to visit the site at
3417 and 3412 Reeves and take some type of photographs
and come back with a little more knowledge on the request.
Councilman Kenna stated he really did not see any
reason to postpone action. The buildings on Reeves
looked good. Councilman Kenna stated he thought the
Council should allow Mr. Ash to build at the four locations
assuming he met the requirements and at the same time
the City should be checking the ordinance to see if the
concrete structure would pass.
Councilman Freeman stated the only major exception the Council
ever made to the Building Code as it was now was a bad
mistake and at that point the Council had an architecural
drawing and a rendering so they knew exactly what they were
dealing with. Councilman Freeman stated a mistake was
made at that time and he did not think the Council wanted
to rush into making a decision.
February 9, 1981
Page 5
Councilman Wood stated the Council saw a good slide
presentation on the details of construction at the
worksession. Councilman Wood stated the only thing
he apparently missed was the concrete or manufactured
siding. Councilman Wood stated he was afraid the
city might lose in the long run if they hesitated.
Councilman Freeman stated Mr. Ash had mentioned that
he had talked to the people in the area about building
multi-family, but he had not showed them the structure
he was going to build. Councilman Freeman stated he
felt the people had a right to know what was going
to be built.
Councilman Freeman stated he felt the Staff needed to
check with the neighbors to make sure they understood
exactly what was going in.
Councilman Hubbard stated he had talked with one of
the neighbors and they were not too happy with it.
Motion to postpone carried 5-1; Councilmen Freeman, Wood
Hubbard and Thomas and Councilwoman Groves voting for;
Councilman Kenna voting against.
8.
Mr. Harold McInroe, First Southwest Corporation,
appeared before the Council.
Mr. McInroe stated the bids had been taken and the
following was the bid tabulation:
~ccount Manager.
Effective Interest Rate
Rotan Mosle, Inc.
8.662383
First National Bank Ft.Worth
First United Bank North Richland
Hills, N.A.
Merrill Lynch White Weld Group
Unterberg Towbin LF Rothchild
8.6674
C & C Souwest
Dean Witter & Co.
Kidder Peabody & Co.
National Bank of Commerce Dallas
8.766589
Underwood Neuhaus & Co.
Rowles Winston Div of Cowen & Co.
Blyth Eastman Dillon Paine Webber
Bank of North Texas
First Southwest Co.
Greer Moreland Eosdick
8.838551
February 9, 1981
Page 6
CONSIDERATION OF
ORDINANCE APPROVING AND
AUTHORIZING THE
ISSUANCE OF $2,000,000
GENERAL OBLIGATION
BONDS
APPROVED
ORDINANCE NO. 872
First City Natl Bank of Houston
E F Hutton & Co.
Drexel Burnham Lambert, Inc.
8.918224
Rauscher Perce Refnes, Inc.
Fort Worth National Bank
Mercantile National Bank Dallas
8.988098
Mr. McInroe stated the bids had been checked and were
correct. Mr. McInroe stated he recommended the bid of
Rotan ~1os 1 e.
Councilman Thomas moved, seconded by Councilman Wood,
to accept the bid of Rotan Mosle.
Motion carried 6-0.
Mr. McInroe read the following caption on the proposed
ordinance:
"An ordi nance by the Ci ty of North Ri chl and Hi 11 s, Texas,
authorizing the issuance of $2,000,000 "City of North
Richland Hills, Texas, General Obligation Bonds, Series
1981", dated ~1arch 1,1981; prescribing the form of
bonds and the form of the interest coupons; levying
a continuing direct annual ad valorem tax on all taxable
property within the limits of said City to pay the
interest on said bonds and to create a sinking fund
for the redemption thereof and providing for the
assessment and collection of taxes; enacting provisions
incident and related to the subject and purpose of
this ordinance; and providing an effective date. II
Councilman Kenna moved, seconded by Councilman Hubbard,
to approve Ordinance No. 872.
Motion carried 6-0.
Mr. McInroe stated the city bond rating had been raised
from BAAl to A.
9. Mr. Albin stated sixteen contractors had submitted bids.
Mr. Albin stated the basic bid was for concrete pipe
and they received information the shipment would
be delayed until April or ~~ay. ~1r. Albin stated an
addendum was sent for ductile iron pipe. Mr. Albin
stated that Mr. J. D. Griffith submitted the low bid in
the amount of $253,495.38, with time completion of 60
calendar days. Mr. Albin stated he recommended the bid
be awarded to J. D. Griffith Construction Company on
the alternate bid.
February 9, 1981
Page 7
CONSIDERATION OF BIDS
ON RUFE SNOW WATER
LINES JOB #3-543
APPROVED
Councilman Wood moved, seconded by Councilman Hubbard,
to award the alternate bid of $253,495.38 to J. D. Griffith
Construction Company.
Motion carried 6-0.
10. The following resolution was submitted for approval:
A RESOLUTION AND ELECTION ORDER BY THE CITY COUNCIL
OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, CALLING A
SPECIAL ELECTION TO BE HELD IN SAID CITY ON THE 4TH DAY
OF APRIL, 1981, A.D. FOR THE ELECTION OF ONE (1) CITY
COUNCILMAN PLACE SIX OF NORTH RICHLAND HILLS, SETTING
THE TIME, PLACES AND DATE OF SAID ELECTION, ESTABLISHING A
DEADLINE FOR CANDIDATES TO FILE, APPOINTING ELECTION JUDGES
AND ALTERNATES, PROVIDING THE TIME AND MANNER FOR VOTING
ABSENTEE, BOTH IN PERSON AND BY MAIL, DESIGNATING WHO
SHALL BE ENTITLED TO VOTE AT SUCH ELECTION AND ADOPTING
VOTING MACHINES AS THE METHOD OF VOTING AT SAID ELECTION,
AND OTHER PROVISIONS OTHERWISE INCIDIENT TO SUCH RESOLUTION.
WHEREAS, a vacancy has occurred in Place Six of the
City Council by virtue of the resignation by Councilman
Robert P. Brady effective January 5, 1981 and,
WHEREAS, pursuant to Article V, Section 9 of the Charter
of the City of North Richland Hills, provides that in case of
a vacancy in the office of Councilman, the City Council shall
order a special election to fill such vacancy.
NOW, THEREFORE, BE IT µESOLVED, by the City Council of
North Richland Hills, County of Tarrant, Texas, that said
Special Election be called as aforesaid for the election of
one (1) Councilman for said City as provided by said Charter
and as prescribed by the Laws of the State of Texas;
Section 1. That said election be held on the 4th day
of April, 1981, A.D., as provided by the City Charter of
said City, between the hours of seven o'clock a.m. and
seven o'clock p.m.
Section 2. Qualified persons may file as candidates
by filing with the Mayor in the Office of the City Secretary,
between the hours of eight a.m. and five p.m. on or before
Monday, March 4, 1981.
Section 3. That said election will be held at the
following place for the eleven (11) precincts in said city
as recognized on January 1,1981:
Precincts 41,49,63,72, 140, 159, 191, 196, 214,
215 - City Hall
February 9, 1981
Page 8
CONSIDERATION OF
RESOLUTION TO CALL A
SPECIAL ELECTION FOR
COUNCIL VACANCY PLACE
SIX
APPROVED
RESOLUTION NO. 81-4
Section 4. That the following named persons shall
serve as Judges and Alternate Judges at the voting place
City Hall - Mrs. Beverly Riley - Judge
Mrs. Allene Parker - Alternate Judge
If the regularly appointed presiding Judge is unable
to serve at the election, the Alternate Judge therefore
shall serve as presiding Judge. Such election Judges shall
choose such other election officers as the Judges may deem
proper.
Section 5.
a. Absentee voting by personal appearance shall commence
on Wednesday, March 11,1981, at 8:00 A.M., and shall continue
through Tuesday, March 31, 1981 at 5:00 P.M. Such absentee
voting shall take place in the office of the City Secretary
in the City Hall.
b. Absentee voting by mail shall commence on Wednesday,
March 11, 1981. The marked ballot must be mailed to the City
Secretary in an envelope postmarked not later than 10:00 A.M. ,
Thursday, April 2,1981, and must be received in the City
Secretary's office before 1:00 P.M. on Saturday, April 4, 1981.
Section 6. All qualified voters residing within the
corporate limits of the City of North Richland Hills, County
of Tarrant, Texas, shall be entitled to vote at said election.
Section 7. The election shall be conducted pursuant to
the election laws of the State of Texas. The City Secretary
is directed to procure voting machines for the election
April 4, 1981, and voting machines are hereby adopted as the
method of voting at such election.
Councilman Hubbard moved, seconded by Councilman Wood,
to approve Resolution No. 81-4.
Motion carried 6-0.
11. Councilman Hubbard moved, seconded by Councilman Kenna,
to approve Ordinance No. 873.
Motion carried 6-0.
12. Councilman Freeman moved, seconded by Councilman Hubbard,
to approve Ordinance No. 874.
Motion carried 6-0.
February 9, 1981
Page 9
CONSIDERATION OF
ORDINANCE ADOPTING A
UNIFORM PLUMBING CODE
APPROVED
ORDINANCE NO. 873
CONSIDERATION OF
ORDINANCE AMENDING
ELECTRIC CODE,
ORDINANCE #310
APPROVED
ORDINANCE NO. 874
13. Councilman Kenna moved, seconded by Councilman Wood,
to approve Ordinance No. 875.
Councilwoman Groves stated she would like to commend
Mr. Rice for a job well done in the updating of the
ordinances.
Motion to approve carried 6-0.
14. Councilman Freeman moved, seconded by Councilman Hubbard,
to deny a variance to the Wrecker Ordinance.
Motion carried 6-0.
15. Councilman Kenna moved, seconded by Councilman Wood,
to approve Ordinance No. 876.
Motion carried 6-0.
16. Councilman Hubbard moved, seconded by Councilman Wood,
to approve Ordinance No. 877.
--
Councilman Kenna stated he thought when this was
approved the Council was going to be faced with
several opportunities to revaluate their action.
Councilman Kenna stated that he felt that in the
future if they had to do that, the Council should ask
the developers to sign a covenant so the city could
make sure there was adequate protection before the
builder built out of that piece of property.
Councilman Wood stated what the Council was concerned
about was that in some areas the Council might get
a request to vary on item #1, at the same time the
city might get a covenant to make sure that it was
protected in the future. Councilman Wood stated
the Council thought some of the developers might
have a problem with item #1.
Motion carried 6-0.
17. Councilman Thomas moved, seconded by Councilman Kenna,
to approve payment to Sharrock Electric in the amount
of $27,857.51.
Councilman Wood asked if the installation and progress
of work was being monitored closely. Councilman Wood
stated looking through the original proposal and bid
he had not been able to find a completion date.
Mr. Bronstad stated he had a meeting with Sharrock
immediately after they got the bid and they were
having trouble with hardware, first it was the
poles and the type of wire to be used. Mr. Bronstad
stated the completion date was 60 to 90 days.
February 9, 1981
Page 10
CONSIDERATION OF
ORDINANCE AMENDING
UNIFORM BUILDING CODE
ORDINANCE #784
APPROVED
ORDINANCE NO. 875
CONSIDERATION OF
VARIANCE TO WRECKER
ORDINANCE #778
DENIED
CONSIDERATION OF
ORDINANCE VACATING TRACT
l-F, ABSTRACT 953
APPROVED
ORDINANCE NO. 876
CONSIDERATION OF
ORDINANCE FOR REVISION
TO RULES, REGULATIONS,
POLICIES AND PROCEDURES
FOR THE WATER AND SEWER
SYSTEM
APPROVED
ORDINANCE NO. 877
CONSIDERATION OF PAYMENT
TO SHARROCK ELECTRIC
IN THE AMOUNT OF
$27,857.51 FOR ESTIMATE
#3, FOR INSTALLATION
OF TRAFFIC SIGNALS
APPROVED
February 9, 1981
Page 11
Councilman Wood stated his concern was the contractors
bill of $27,000.00 and the contractors time was 90 to
120 days.
Mr. Bronstad stated the company had a hard time getting
the poles, they finally got the poles and were waiting
on the wire for the Edison-Grapevine Highway light.
The light should be in this week and the light at
Harwood and Grapevine should be completed by the end of
the month.
Councilman Wood asked if a delay would be experienced
on each installation.
Mr. Bronstad stated all the poles and wire had been
ordered but each would be a different type of pole
and installation.
Councilman Wood stated his concern was that it was
not being followed as tight as it should be.
Mr. Bronstad stated the work had been monitored weekly
and the inspector had been on the job daily checking
their progress report.
Councilman Wood asked if the company had or authenicated
all of their problems to his satisfaction.
Mr. Bronstad replied yes.
Motion to approve carried 6-0.
18. Councilman Kenna moved, seconded by Councilman Wood,
to authorize the City Engineer to proceed with the
design engineering for the 2.4 million dollar Revenue
Bonds.
CONSIDERATION OF 1980
SERIES WATER AND
SEWER REVENUE BOND
FUND PROJECT
APPROVED
Motion carried 6-0.
19. Mr. Albin stated this was a Tarrant County project
and bids were opened at the County Courthouse. There
were five bidders on this job for concrete channel lining
on Mackey Creek near Jerrell Street and reconstruction of
the concrete box channel along with utility adjustments.
Mr. Albin stated a few weeks ago the Council had approved
$11,000.00 from the Utility Department for the construction
of utility relocation. Mr. Albin stated the low bid was
from M. A. Cension Construction Company in the amount of
$69,399.77, which was below the original engineers' estimate
for this project. Mr. Albin stated he worked up this contract
with a provision for extending the concrete liner further
up stream based on the unit price of the bid in the proposal
so the city could utilize the full budget that was available
from Tarrant County. Mr. Albin stated what he was asking for
was authorization for the city to go ahead and participate in the
amount of $11,000.00 so the budget from the County could be
utilized. Total amount of the project is $92,388. Mr. Albin
stated he recommended the contract be awarded to M. A. Vension.
Councilwoman Groves moved, seconded by Councilman Kenna,
to award the bid to M. A. Vension.
Motion carried 6-0.
20. Mayor Faram advised the citizen request had been
withdrawn. The request would be heard on February 26, 1981.
21. Mayor Faram adjourned the meeting of February 9, 198.
February 9, 1981
Page 12
CITIZENS REQUEST TO
ADDRESS THE COUNCIL
POSTPONED
ADJOURm·1ENT
~1AYOR - DICK FARAM
ATTEST:
CITY SECRETARY - JEANETTE MOORE