Loading...
HomeMy WebLinkAboutCC 1981-04-13 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, APRIL 13, 1981 7:30 P.M. 1. Mayor Faram called the meeting to order April 13, 1981, at 7:30 p.m. CALL TO ORDER 2. Present: Dick Faram Jim Kenna Jim Wood J. C. Hubbard Wiley Thomas Dave Freeman Sharyl Groves Mayor ROLL CALL Councilmen Councilwoman Staff : Chuck Williams Jeanette Moore Rex McEntire Dennis Horvath Richard Albin Stan Gertz Cecil Forester Bill Betts City Manager City Secretary City Attorney Assistant City Manager City Engineer Fire Chief Director Public Works Civil Service Commission News Media: Joe Norton Lynda Johnson Robin Watkins P. J. Harbuck Kevin Todd The Tribune Ft. Worth Star Telegram Mid Cities North Richland Hills News North Richland Hills News 3. Mayor Faram introduced Father Bob Wilson of St. John's Catholic Church. Mayor Faram stated Father Wilson had been with St. John's for the past ten years and under his guidance St. John's was one of the Catholic leaders through- out the Nation. Mayor Faram stated Father Wilson was here at the request of Councilman elect Jim Ramsey. Mayor Faram, on behalf of the Council, thanked Father Wilson for giving the invocation. INVOCATION 4. Councilwoman Groves moved, seconded by Councilman Wood, to approve the minutes of the March 23, 1981, meeting. Motion carried 5-0; Councilman Kenna abstaining due to absence from the meeting. APPROVAL OF MINUTES OF THE REGULAR MEETING MARCH 23, 1981 APPROVED 5. City Attorney McEntire read the following Resolution: WHEREAS, on the 4th day of April, 1981, being the first Saturday in April, a special election was held within the corporate limits of the City of North Richland Hills, Texas, for the election of City Councilperson Place Six; and WHEREAS, the following candidates for the office received the number of votes shown opposite their names as follows: NAME OF CANDIDATE OFFICE Nancy Strauser Councilperson Place Six Jim Ramsey Councilperson Place Six Joe Ann Zueledt (write in) NUMBER OF VOTES 613 637 1 WHEREAS, it is provided in the City Charter of the City of North Richland Hills, Texas, it is the duty of the City Council to canvas the returns and declare the results of said election; and it appearing that the following candidate should be declared elected to the office: OFFICE Councilperson Place Six DULY ELECTED OFFICIAL Jim Ramsey BE IT THEREFORE RESOLVED by the City Council of the City of North Richland Hills, Texas, that the following candidate for the office having received a majority number of votes in the office, be and is hereby declared elected to the office named below for and during the term of two years or until the next duly constituted election is held in said City, being the first Saturday in April, 1982: OFFICE Councilperson Place Six DULY ELECTED OFFICIAL Jim Ramsey PASSED AND ADOPTED this 13th day of April, 1981, there being six Councilpersons present and six Councilpersons voting for the passage and adoption hereof and zero Councilpersons voting against the passage and ádoption hereof: Councilman Freeman moved, seconded by Councilwoman Groves, to approve Resolution No. 81-7. Motion carried 6-0. 6. City Attorney McEntire administered the following Oath of Office to Mr. Jim Ramsey: April 13, 1981 Page 2 CONSIDERATION OF RESOLUTION CANVASSING APRIL 4, 1981, COUNCIL ELECTION & DELCARING RESULTS APPROVED RESOLUTION NO. 81-7 I, Jim Ramsey, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of City Councilman 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 United States and of this State; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment as reward for the giving or withholding a vote at the election at which I was elected. So help me God. Mayor Faram welcomed Mr. Ramsey to the Council. Councilman Ramsey stated he would like to express how proud and honored he was to be a member of the North Richland Hills City Council. Councilman Ramsey stated he would like to thank all those who worked so hard with him and those who voted for him. Councilman Ramsey stated he would try to live up to their expectations. Councilman Ramsey stated that for those who did not vote for him, he intended to be a fair and effective Councilman and hoped to earn their respect. Councilman Ramsey stated all had the same goal in North Richland Hills, to make the city better and that would be his sole commitment in this term of office. Councilman Ramsey stated he would like to thank his wife, Stella, and his sons, Jim and Scott. 7. City Attorney McEntire read the following Resolution: WHEREAS, the City held a referendum election on April 4, 1981, and WHEREAS, a canvas of the votes showed the following results: "FOR THE ADOPTION OF THE FIREMEN'S AND POLICEMEN'S CIVIL SERVICE ACT (TO APPLY TO THE POLICE DEPARTMENT ONLY)" "AGAINST THE ADOPTION OF THE FIREMEN'S AND POLICEMEN'S CIVIL SERVICE ACT (TO APPLY TO THE POLICE DEPARTMENT ONLY)" NOW THEREFORE be it resolved by the City Council of the City of North Richland Hills, Texas, that: 1. The above canvas be and is hereby approved. April 13, 1981 Page 3 CONSIDERATION OF RESOLUVTION CANVASSING REFERENDUM ELECTION APRIL 4, 1981 & DECLARING RESULTS APPROVED RESOLUTION NO. 81-8 2. The referendum is hereby declared to have failed. PASSED AND APPROVED this 13th day of April, 1981. Councilman Kenna moved, seconded by Councilman Thomas to approve Resolution No. 81-8. Motion carried 7-0. 8. Mr. Tom Connell, 4820 Neal, appeared before the Council. Mr. Connell stated he would be retiring from the Birdville School District May 31, 1981 and he wanted to express to the Council his µrivilege of having the opportunity of serving on the Parks and Recreation Board and Summer Recreation Program for the city for the last sixteen years. Mr. Connell stated he would not attempt in any way to tell the Council how to spend the city money, but several years ago the city tried to get a bond program passed provided the recreation would get some of the money and it failed. Mr. Connell stated a year ago it was tried again and it passed. The sum of $1,000,000.00 was voted on by the citizens of North Richland Hills and he understood that it had been discussed that a swimming pool would be built. Mr. Connell stated he would like very much to encourage the Council to support the Parks and Recreation Board and continue to go forward and build a swimming pool in the city. Mr. Connell stated he was submitting his resignation from the Parks and Recreation Board effective May 31, 1981 and would like to say thank you for having the privilege to serve. Mayor Faram stated he appreciated the work Mr. Connell had done on the Parks and Recreation Board, as well as some other areas in which he had dedicated his life in the education of the children in this community. Mayor Faram stated his children had been under his guidance and for that he was very grateful. Mayor Faram, on behalf of the Council presented Mr. Connell with the following proclamation: WHEREAS, it is the desire of the City Council of the City of North Richland Hills to recognize Tom Connell as a member for sixteen years of the Parks and Recreation Commission; and April 13, 1981 Page 4 CITIZEN PRESENTATION MR. TOM CONNEIL 4820 NEAL STREET April 13, 1981 Page 5 WHEREAS, this is a tribute to his dedication and tireless energy as a member of the Parks and Recreation Commission. THEREFORE, I, DICK FARAM, Mayor of the City of North Richland Hills, Texas, do hereby proclaim Tuesday, April 14, 1981, as TOM CONNELL APPRECIATION DAY in the City of North Richland Hills, Texas. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the City of North Richland Hills, Texas, to be affixed this 13th day of April, A. D., 1981. Mayor Faram presented Mr. Connell with a plaque with the following inscription: "In recognition of sixteen years of service to the City of North Richland Hills, Texas, as a member of the Parks and Recreation Commission, Thank You Tom." Councilman Freeman stated he had the pleasure of serving as the liaison on the Parks and Recreation Commission for several years and working with Mr. Connell. Councilman Freeman stated he was sure that everyone had children that had been in the summer recreation program that on Mr. Connell's own time and very little of the city's money, put together a whale of a program for the kids in the program. Councilman Freeman stated he would like to say thank you to Mr. Connell for that program. 9. Mr. Tim Haney, Euless, appeared before the Council. Mr. Haney stated he had recently purchased a lot in the Meadow Lakes Subdivision, Lot 20, Block 4, to build a home on. Mr. Haney stated it was brought to his attention the city had a Brick Ordinance. Mr. Haney stated he was a stucco contractor and had intended to build his home with stucco, therefore, he would like to request a variance to use stucco. REQUEST OF MR. TIM HANEY FOR A VARIANCE FROM THE BRICK ORDINANCE APPROVED Mr. Haney stated stucco was no less expensive than brick and gave a handsome finish. Mr. Haney stated his company was the Trinity Plastering Company, located in the metro- plex, and they had stuccoed such buildings as Sanger Harris, the Tandy Center Hotel and all of the Sears stores. Mr. Haney stated he had discussed this matter with Mr. Bob Franks, project supervisor for Meadow Lakes and he had no objections to the use of stucco. Mr. Haney stated he had also spoken with all the residents within a two-hundred foot radius and they had signed a letter stating they had no objections. Councilman Freeman asked Mr. Haney if he could give him the address of the proposed building. Mr. Haney stated the only thing he knew it by was Lot 20, Block 4, Meadow Lakes. Councilman Freeman asked what street it would be built on. Mr. Haney replied it would be on Meadow Lakes Court. Councilman Freeman asked if that was on the north side of the lake. Mr. Haney replied yes. Councilman Freeman asked Mr. Haney if he had contacted all the existing neighbors. Mr. Haney replied yes. Councilman Freeman stated he lives on the other side of the lake and the deed restrictions stated that all structures were to be brick. Councilman Freeman asked Mr. Haney if he was familiar with the deed restrictions. Mr. Haney replied no. Mr. Bill Betts, North Richland Hills, appeared before the Council. Mr. Betts stated he wanted to get some facts straight about stucco. Mr. Betts stated that many years ago the apartments on Maplewood were approved for stucco and stucco was not used. Mr. Betts stated he knew stucco was not used because he sold the product that was used and it was not stucco. Mr. Betts stated it was a bad job and had given the City Council and the city a bad name when it came to stucco. Mr. Betts stated he could not understand why stucco could not be used in residential construction when it had been approved for the City Hall. The five or six foot band around the City Hall was stucco and Northeast Mall was exterior stucco. Mr. Betts stated that Mr. Haney was in the plaster business and was going to do his own home. Mr. Betts stated he would say that Mr. Haney was going to do a good job. Mr. Betts stated stucco was a fine product if used properly and he would like to recommend it was good enough for a residence. April 13, 1981 Page 6 Councilman Kenna moved, seconded by Councilman Wood, to approve the request of Mr. Tim Haney for a variance from the Brick Ordinance. Motion carried 5-2; Councilmen Kenna, Wood, Thomas and Freeman and Councilwoman Groves voting for; Councilmen Hubbard and Ramsey voting against. 10. Mr. Kevin Womack, Euless, appeared before the Council. Mr. Womack stated he was unaware of the Brick Ordinance. Mr. Womack stated he called the City Hall to find out what he needed to do to make sure he was legal and was told as long as the electricity was still in the original person's name everything was allright, he did not need are-ok. Mr. Womack stated they called City Hall twice and were told the same thing. Mr. Womack stated he went ahead and put wood on the outside of the building. Mr. Womack stated he felt it was definitely an improvement to the building. Mr. Womack stated the Fire Marshal had given him a list of things that needed to be done and the Building Inspectors gave him a list. Mr. Womack stated all of the Fire Marshal's requirements had been met and the only requirement that had not been met was the Brick Ordinance. Mr. Womack stated as far as a fire hazard, he did not think it was because it was the same building that it originally was, metal. Mr. Womack stated to tear the improvements down would hurt his business. Mayor Faram asked Mr. Womack if he called the city and was advised he could go ahead. Mr. Womack stated yes. Mayor Faram asked if there had been any discussion on the building complying. Mr. Womack stated he talked to a lady and told her that they were taking over the building and the electricity was being left in the original's name and was told by her that as long as the business was staying in the original's name they did not need a re-ok. Mayor Faram asked if a building permit was taken out, Mr. Womack stated he was told a building permit was not needed. Councilman Wood asked if there were any of the requirements of the Fire Marshal that he could not meet. April 13, 1981 page 7 REQUEST OF BAR W COUNTRY COOKING FOR VARIANCE FROM THE BRICK ORDINANCE APPROVED Mr. Womack stated there was a problem with the vent system. Councilman Wood asked Mr. Womack if the Fire Marshal was concerned with the vent going out the side of the building instead of the top. Mr. Womack stated yes. Councilman Wood asked if this was the only requirement he could not meet. Mr. Womack replied yes. Mr. Womack stated now that the Fire Department understood the vent system, it was not illegal. MLSteve Womack appeared before the Council. Mr. Womack stated the Fire Marshal had said the existing vent-a-hood that covered the grill was fine, as far as the flow of the air and the dumping out at the back of the building was unacceptable. Mayor Faram asked Chief Gertz if the exterior wood were to catch fire, would that increase the chances of burnipg the building. Chief Gertz stated that if the wood were treated with a chemical to bring it to a Class B, the Fire Department had no problems with the building. Mayor Faram asked Chief Gertz if he would have any objections to the Council approving this request subject to the Fire Marshal's approval. Chief Gertz replied he would have no objections. Councilman Kenna moved, seconded by Councilman Freeman, to approve the request of Kevin and Steve Womack for a variance from the Brick Ordinance contingent on fire protection in the form of treatment of the exterior of the building. Motion carried 7-0. 11. Mayor Faram advised the Council the Public Hearing had been held March 23, 1981 and called for a motion to delete Item 11 from the agenda. Councilman Freeman moved, seconded by Councilman Wood, to delete Item 11 from the agenda. Motion carried 7-0. April 13, 1981 Page 8 PUBLIC HEARING - PZ 81-2, REQUEST OF AMON T. ADCOCK (W.A.H. CORP.) TO REZONE A PORTION OF TRACT 8, ABSTRACT 321, FROM AGRICULTURE TO IF-9-l500 12. Councilman Wood moved, seconded by Councilman Freeman, to approve PZ 81-2, Ordinance No. 883. Motion carried 7-0. 13. Mayor Faram advised the Council the public hearing had been held March 23, 1981. Mayor Faram stated Mr. Brannon had called Thursday and asked that this case be postponed. Mayor Faram called for a motion to delete Item 13. Councilman Thomas moved, seconded by Councilman Freeman, to delete Item 13. Motion carried 7-0. 14. Councilman Wood moved, seconded by Councilman Kenna, to deny PZ 81-3. Motion carried 7-0. Mayor Faram called a fifteen minute recess. Mayor Faram called the meeting back to order. The same Staff Members and Councilpersons were present as recorded at the beginning of the meeting including Councilman Ramsey. 15. Councilman Freeman moved, seconded by Councilman Wood, to approve the adoption of the Fire Code. Councilwoman Groves asked if the ordinance included the fines suggested by the Municipal Court. Mr. Williams replied yes. Councilman Wood stated the ordinance did not have the second provision of the fines. Councilman Freeman moved, seconded by Councilman Wood, to approve the ordinance adopting the Fire Code with the exception of Section 17, last sentence, to be deleted in its entirety. After further discussion, Councilman Freeman moved, seconded by Councilman Wood, to approve the ordinance adopting the Fire Code with the deletion of Section 17 and changing the wording in Section 16, by deleting the words "not less than $50.00" and the word "nor" in Section 18 which refers to Section 16, by deleting the words not less than $25.00 and the word nor. April 13, 1981 r~ge 9 CONSIDERATION OF ORDINANCE FOR PZ 81-2 APPROVED ORDINANCE NO. 883 PUBLIC HEARING - PZ 81-3, REQUEST OF J. E. BRANNON TO REZONE TRACT 18, ABSTRACT 1266, FROM AGRICULTURE TO IF-12-l800 CONSIDERATION OF ORDINANCE FOR PZ 81-3 DENIED RECESS BACK TO ORDER CONSIDERATION OF ORDINANCE ADOPTING FIRE CODE APPROVED ORDINANCE NO. 884 Motion carried 7-0. 16. Mayor Faram advised the Council the Staff had recommended all bids be rejected. Councilman Freeman moved, seconded by Councilwoman Groves, to reject all bids. Motion carried 7-0. 17. Mayor Faram stated the Staff recommended the bid of Dixie, U.S.A., Inc. Councilman Freeman moved, seconded by Councilman Wood, to approve the bid of Dixie U.S.A., Inc. in the amount of $3,879.00. Motion carried 7-0. 18. Mayor Faram stated the Staff had recommended all bids be rejected. Councilman Freeman moved, seconded by Councilman Kenna, to reject all bids. Councilman Wood asked the Fire Chief what he planned to do about filling the air tanks. Chief Gertz stated the Fire Department had an old system and also had a deal with Tarrant County on filling the tanks. Motion carried 7-0. 19. Councilman Wood moved, seconded by Councilman Freeman, to accept the bid of Austin Road Company and authorize the Mayor to sign the contract. Councilman Wood stated he would like to thank the Staff and others that had worked on this project. Motion carried 7-0. 20. Councilman Freeman moved, seconded by Councilman Kenna, to approve Ordinance No. 885. Motion carried 7-0. April 13, 1981 Page 10 CONSIDERATION OF AWARDING BID FOR EMERGENCY GENERATOR REJECTED CONSIDERATION OF AWARDING BID FOR CARDIOPULMONARY RESUSCITATOR APPROVED CONSIDERATION OF AWARDING BID FOR RESPIRATORY AIR SYSTEM REJECTED CONSIDERATION OF AWARDING BID ON BOOTH-CALLOWAY ROAD APPROVED CONSIDERATION OF ORDINANCE AMENDING THE ZONING ORDINANCE (ACCESSORY BUILDINGS) APPROVED ORDINANCE NO. 885 21. Councilman Freeman moved, seconded by Councilman Wood, to approve Ordinance No. 886. Motion carried 7-0. 22. Councilman Freeman moved, seconded by Councilman Wood, to approve Ordinance No. 887. Motion carried 7-0. 23. Councilman Freeman moved, seconded by Councilman Wood, to approve Resolution No. 81-9 Motion carried 7-0. 24. Councilman Hubbard moved, seconded by Councilman Kenna, to postpone this payment. Motion failed by a vote of 6-1: Councilmen Kenna, Ramsey, Freeman, Thomas and Wood and Councilwoman Groves voting agains~ Councilman Hubbard voting for. Councilman Freeman moved, seconded by Councilman Kenna, to approve payment to J. D. Griffith in the amountof $89,000.01. Motion carried 6-1; Councilmen Kenna, Ramsey, Freeman, Wood and Thomas and Councilwoman Groves voting for; Councilman Hubbard voting against. 25. Councilman Kenna moved, seconded by Councilman Wood, to approve Ordinance No. 888. Councilwoman Groves asked why the difference in the hours on weeknights and Saturdays. Mr. McEntire stated the Saturday closing was state law. Mayor Faram stated he would like to have the hour for closing on Saturday night changed to 12:00. Councilman Kenna asked how the business would be notified of the change in time. Mr. McEntire stated the ordinance would be published and the city would give the establishments notice in writing. April 13, 1981 Page 11 CONSIDERATION OF ORDINANCE AMENDING THE ZONING ORDINANCE (HANDICAP PARKING) APPROVED ORDINANCE NO. 886 CONSIDERATION OF ORDINANCE REVISING SUB-DIVISION ORDINANCE APPROVED ORDINANCE NO. 887 CONSIDERATION OF RESOLUTION WITH MOBIL OIL COMPANY ON GLENVIEW DRIVE APPROVED RESOLUTION NO. 81-9 CONSIDERATION OF PAYMENT TO J. D. GRIFFITH IN THE AMOUNT OF $89,000.01 FOR RUFE SNOW WATER EXTENSIONS APPROVED CONSIDERATION OF ORDINANCE ALCOHOLIC BEVERAGES APPROVED ORDINANCE NO. 888 April 13, 1981 Page 12 Councilman Wood withdrew his motion, Councilman Kenna withdrew his second. Councilman Kenna moved, seconded by Councilman Wood to approve Ordinance No. 888, subject to Section 2, be changed to read "12:00 on Saturday nights." Motion carried 7-0. 26. Councilman Freeman moved, seconded by Councilman Kenna, to approve payment to Sharrock Electric in the amount of $33,691. 81. Councilman Wood asked when the lights would be turned on at Harwood and Grapevine Highway. CONSIDERATION OF PAYMENT TO SHARROCK ELECTRIC IN THE AMOUNT OF $33,691.81 FOR TRAFFIC SIGNALS: GRAPEVINE HIGHWAY, EMERALD HILLS WAY AND HARWOOD APPROVED Mr. Forester stated they were virtually completed. Councilman Wood asked if there would be any type of warning letting the citizens know there were signals when they were turned on. Mr. Forester stated signs would be put up warning there were signals ahead. Motion carried 7-0. 27. Mayor Faram adjourned the meeting of April 13, 1981. ADJOURNMENT ~Þ")â1~ D ck Faram - Mayor ATTEST: