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HomeMy WebLinkAboutCC 1981-09-28 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, SEPTEMBER 28, 1981 - 7:30 P.M. 1. Mayor Faram called the meeting to order September 28, 1981, at 7:30 p.m. 2. Present: Dick Faram Jim Kenna Jim Wood J. C. Hubbard Jim Ramsey Wiley Thomas Dave Freeman Sharyl Groves Staff: Chuck Williams Jeanette Moore Dennis Horvath Rex McEntire Richard Albin News Media CALL TO ORDER Mayor ROLL CALL Councilmen Councilwoman City Manager City Secretary Assistant City Manager City Attorney City Engineer 3. The invocation was given by Shane Hubbard, grandson of Councilman J. C. Hubbard. INVOCATION Mayor Faram recognized students from Mrs. Marion Staples' Government Class, Richland High School. 4. Councilman Thomas moved, seconded by Councilman Hubbard, to approve the minutes of the September 14, 1981, regular meeting. APPROVAL OF MINUTES OF THE SEPTEMBER 14, 1981, REGULAR COUNCIL MEETING APPROVED Motion carried 5-0; Councilmen Kenna and Wood abstaining due to absence from the meeting. 5. Mayor Faram presented Mr. Ron McKinney of the Administration Department with a Five Year Service Award and pin for five years of service with the City. PRESENTATION OF FIVE YEAR SERVICE AWARD TO RON McKINNEY OF THE ADMINISTRATION DEPARTMENT 6. Mayor Faram appointed the following to the Civil Service Commission: CONSIDERATION OF APPOINTMENT OF CIVIL SERVICE COMMISSIONERS Mr. Ed Szol, three year term beginning October 1, 1981; Mr. David Casey and Mr. Bob Skelton, two year terms beginning October 1, 1981; Mr. David Phelps, one year term beginning October 1, 1981. Councilman Freeman moved, seconded by Councilman Hubbard, to confirm the Mayor's appointments. September 28, 1981 Page 2 Motion carried 7-0. Mayor Faram appointed Mr. Bob Roark to the Civil Service Commission for a one year term beginning October 1, 1981. Councilman Hubbard moved, seconded by Councilwoman Groves, to confirm the Mayor's appointment of Mr. Bob Roark. Motion carried 7-0. 7. Councilman Hubbard moved, seconded by Councilman Wood, to approve Ordinance No. 923. City Attorney McEntire stated the only change in the ordinance was in Section 3. The ordinance previously passed had the penalty as a Class liB" misdemeanor and it should have been Class "c" misdemeanor. CONSIDERATION OF ORDINANCE ON LEGAL HOURS OF SALE OF ALCOHOLIC BEVERAGES APPROVED ORDINANCE NO. 923 Mr. Jeffery Davis, Attorney for Steak and Ale and Bennigans, appeared before the Council. Mr. Davis stated he understood the reason for the change in the ordinance, but would like for the Council to consider changing the hour on Saturday night back to 1:00 a.m. Mr. Davis stated there had been a problem in the past with the parking at Bennigans. Mr. Davis stated there had been a survey done on the parking and between the hours 12:00 and 1:00 a.m. there were no cars parked, traffic was light. Mr. Davis stated Bennigans was renting an additional parking lot that was costing in excess of $20,000.00. Mr. Davis stated Bennigans was a family type restaurant and the sale of food was approximately 65%. Steak & Ale had about 80% food sales. Mr. Davis stated he hoped the Council would take into consideration of going back to 1:00 a.m. Councilman Kenna asked what time Bennigans stopped serving food. Mr. Davis stated that at Bennigans they served until they could no longer serve mixed drinks. Mr. Davis stated he had the manager of Steak & Ale and Bennigans with him. Councilman Kenna asked Mr. Davis if when they quit selling alcoholic beverages at 1:00 a.m. on Saturday night, did they stop serving food. Mr. Davis stated he would have to let the manager answer that. Councilman Kenna stated it was primarily the Council's concern that the sale of alcoholic beverages in the city was commensurate with the sale of food and it had been called to the city's attention that many of the restaurants stopped serving food at midnight. Mr. Davis stated their general position was that people may want a drink with their meal and when the clock came down they did not want to violate any City Ordinance, therefore, the drinks have to be removed. Councilman Ramsey asked if the dollar amount printed in the newspaper on Steak & Ale and Bennigans is what they would lose by not being able to sell Rlcnholic beverages later was accurate. Mr. Davis asked if the amount was in the $30,000 range. Councilman Ramsey stated yes and that the hours referred to were between the hours of 12:00 to 2:00 a.m. Mr. Davis stated he would have to ask the managers for the specific number. Mr. Mike Connor, Manager, Steak & Ale, appeared before the Council. Mr. Connor stated his main concern right now was mainly on weekends. Steak & Ale closed the restaurant at midnight and at 12:00 they were required to take all the drinks off the table. Mr. Connor stated the restaurant did seat people up until 10 minutes after the hour. Mr. Connor stated there were several times that people came in at 12:00 and they were told no drinks could be served. Mr. Connor stated people in the lounge were served also, not the full range menu that was served in the restaurant, but there was a menu specifically for the lounge. Mr. Connor stated they would like to be able to stay open until 1:00 a.m. Councilman Ramsey asked Mr. Connor if he was familiar with the figures printed in the newspaper. Mr. Connor stated he was not familiar with the figures. Mr. Connor stated he did not think the figures would be quite that much for Steak & Ale. September 28, 1981 Page 3 Mayor Faram asked Mr. Connor if he had some idea of a percentage basis the people that had come in for a drink late at night as opposed to those that came in to eat and have a drink. Mr. Connor stated that the number of people who came in to drink late at night was the same amount that came in to eat dinner also. Mayor Faram asked Mr. Connor if he was saying that 50% were coming in to drink. Mr. Connor stated yes, probably. Mayor Faram stated he had some problem with the percentage because he did not know a bar business, per Set ' was being run. Mayor Faram stated he thought the alcohol was an accessory towards the food service and it was getting a little beyond food service for that time of night. Mayor Faram stated the requirement was on a 60-40 basis and by admission, approximately 50% were there to drink. Mr. Tony Stinson, Manager, Bennigans, appeared before the Council. Mr. Stinson stated that first of all, Bennigans did have a safety problem, but they did a survey and invested in a large amount of money for additional parking in hopes to eliminate the problem. Mr. Stinson stated Bennigans served food until they quit serving liquor. Mr. Stinson stated the ratio on food was approximately 70%. Mr. Stinson stated Bennigans was not in the bar business, but in the restaurant business. Mayor Faram asked Mr. Stinson if he could answer Councilman Ramsey's question on the figures printed in the newspaper. Mr. Stinson stated the figures printed were pretty close to being correct. Councilman Wood asked Mr. Stinson if he was aware of any problems after 10:00 or 11:00 at night on the parking lot or departures of the guests. Mr. Stinson stated they made an attempt to go out, especially on Friday and Saturday nights, to make sure there were no problems. Mr. Stinson stated he was not aware of any problems. Motion to approve carried 7-0. September 28, 1981 Page 4 8. Mr. Williams stated seven Uniform Companies were sent invitations to bid and only two responded. Mr. Williams stated the Staff recommended the bid of Ladd Uniform Company. Councilman Hubbard moved, seconded by Councilwoman Groves, to approve the bid of Ladd Uniform Company in the amount of $15,007.15. Motion carried 7-0. 9. Mr. Williams stated bids were sent to eight establishments and four responded. Mr. Williams stated the Staff recommended the bid of Comet Cleaners. Mr. Williams stated this was a budgeted item. Councilman Kenna asked if the contract was an annual contract. Mr. Williams replied it was an annual contract. Councilman Kenna moved, seconded by Councilman Wood, to approve the bid of Comet Cleaners. Motion carried 7-0. 10. Mr. Williams stated bids were opened on September 22, 1981, and fifteen bids were received. The low bid received was $227,609.91 by the Stolaruk Corporation, a Michigan based construction firm. Mr. Williams stated if the bid was awarded to Stolaruk he recommended that the principal be required to clean the right-of-way each month before payment was made to the contractor and inspected by the City and the State. Councilman Freeman moved, seconded by Councilwoman Groves, to accept the bid of Stolaruk Corporation, subject to the City Manager's recommendation. Councilman Wood asked if it spelled out in the contract that the 10% retainage would be held out of the payment each month. Mr. Albin stated yes. If a contract was greater than $400,000.00 the retainage (10%) had to be deposited in an interest bearing account and after completion of the project the retainage, along with any interest incurred goes to the contractor. Mr. Albin stated that... since the contract was less than $400,000.00 the 10% retainage could be withheld with our having to pay interest to the contractor. September 28, 1981 Page 5 CONSIDERATION OF BIDS FOR POLICE DEPARTMENT UNIFORMS APPROVED CONSIDERATION OF BIDS FOR POLICE DEPARTMENT UNIFORM CLEANING APPROVED CONSIDERATION OF BIDS ON DAVIS BLVD. WATER SYSTEM EXTENSION APPROVED September 28, 1981 Page 6 Councilman Wood asked if the specifications required cleaning of the right-of-way before payment was made each month. Mr. Albin stated no, only the final clean-up. Motion to approve with the City Manager's recommendations carried by a vote of 7-0. 11. Councilman Ramsey moved, seconded by Councilman Hubbard, to approve payment in the amount of $68,641.56. Motion carried 7-0. CONSIDERATION OF PARTIAL PAYMENT #4 - BOOTH CALLOWAY ROAD IMPROVEMENT PROJECT APPROVED 12. City Manager Williams stated the Revenue Sharing budget was proposed as follows: PUBLIC HEARING - REVENUE SHARING (SECOND HEARING) Public Works Equipment Computerization Hard/ Software (all departments) City Hall Telephone System Radio System $62,000.00 $84,000.00 $27,000.00 $39,000.00 Total $212,000.00 Mayor Faram opened the public hearing and called for anyone wishing to speak to please come forward. Mrs. Jo Ann Williams, 7900 Maplewood, appeared before the Council. Mrs. Williams asked if the City did not receive the money, which project would take precedent and where would the funds come from. Mr. Williams stated the City had already received documentation on the Revenue Sharing funds. There being no one else wishing to speak, Mayor Faram closed the public hearing. 13. Councilman Kenna moved, seconded by Councilwoman Groves, to accept the bid of IBM and approve the transfer of $25,000.00 from the General Fund Surplus to Revenue Sharing to be repaid January 1983. CONSIDERATION OF BIDS FOR CENTRAL CASH REGISTER APPROVED Mr. Williams stated this cash register would be for the convenience of the citizens. The cash register would be located in the front of the City Hall and all payments would be made there. Motion carried 7-0. 14. Mr. Albin stated the City was required to read a summary statement which describes the goals and objectives of the Community Development Block Grant Program and describe the procedure for citizen participation in the public hearing. Mr. Albin read the following statement: "The Housing and Community Development Grant Program of Tarrant County is now in its seventh year. In 1981, which begins the seventh program year, Tarrant County and the Urban Consortium applied for and received $3,136,000 for implementation of its Community Development Program. Since 1975, the Tarrant County Consortium has been allocated a total of $16,392,000 for Community Development projects; and since 1976, the Consortium has received a total of $4,399.452 for implementation of a Housing Assistance Program. The total amount of federal grant money allocated to the Tarrant County Housing and Community Development Block Grant Program since 1975 is $20,791.452. For the eight program year, beginning in 1982, Tarrant County Planning Department expects to receive about $3,136.00. The primary purpose of the Community Development Program is to upgrade low and moderate income neighborhoods. The following categories, and the projects listed under each category, are examples of activities which have been approved by the Department of Housing and Urban Development for federal funding: 1. Public Works Projects which include: Water system construction and improvements; Streets, curbs and gutter construction and improvements; Drainage improvements; 2. Public Facilities which include: Senior Citizens' centers and Community Centers construction and repair; Sidewalk wheelchair ramps; 3. Recreation which includes: Parks construction, development and improvements; Recreation facilities construction; September 28, 1981 Page 7 PUBLIC HEARING - DISCUSSION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR CITY DEVELOPMENT NEEDS AND SETTING SECOND PUBLIC HEARING September 28, 1981 Page 8 4. Public Services which include: Fire Hall construction and pumper truck purchase; 5. Housing which includes: Housing rehabilitation; and Housing rental assistance payments Since July 1978, the City of North Richland Hills has received approval for and implemented the following projects: 1. July 1978, 4th year program: Big Fossil Trunk Sewer, Phase II 2. July 1979, 5th year program: Mackey Creek, Phase I 3. July 1980, 6th year program: Mackey Creek, Phase II 4. July 1981, 7th year program: Mackey Creek, Phase III The following activities are eligible to be included in our City's projects: l. Acquire and dispose of real property. 2. Acquire, construction, reconstruction, rehabilitate, install or improve public, commercial and industrial facilities. 3. Clear, demolish, remove or move building and structures. 4. Provide public services. 5. Remove architectural barriers. 6. Rehabilitate private property and public residential structures and modernize public housing. 7. Enforce building and housing codes. 8. Historic preservation activities. The following procedures, which Tarrant County Planning Department and our City will follow in drawing up the Three-Year Plan and Community Development Program for approval, include in chronological order: 1. Needs and priorities will be assessed through a survey conducted be the Tarrant County Planning Department and through public hearings held by each participating city. September 28, 1981 Page 9 2. Development of projects will be made by the city staff with citizen input provided at public hearings held by participating cities. 3. Three-year plan projects will be ranked by the Housing and Community Development Subcommittees. 4. Approval of the proposed projects will be voted on by the Mayor's Council of Tarrant County following the advice, comments and alternative proposals submitted by citizens at public hearings. 5. The Work Program and application will be submitted to Tarrant County Commissioners' Court for their consideration and approval, based on the advice, comments and alternative proposals submitted by citizens at two public hearings held in Commissioners' Court. 6. The application will be submitted to North Central Texas Council of Governments for A-95 review and comment. 7. The application will be submitted to the area HUD office for approval, revision or rejection. Some important HUD requirements as established under the Code of Federal Regulations Section 570 are: 1. Comprehensive strategy for meeting identified housing and community development needs. 2. The program must be planned and carried out so as to be of principal benefit to low and moderate income people. 3. A Citizen Participation Plan must be written and implemented. 4. A Community Development and Housing Plan must be submitted. 5. The application must be submitted to the areawide clearinghouse for A-95 review and comment. All citizens, groups and organizations of our City are welcome to participate and be represented at both public hearings. The public hearings are open for public advice, comments, complaints, questions or presentation of alternative proposals. You can be of great service to your City and neighborhood by participating in these public hearings. The purpose of this public hearing is to establish the needs of this City and your neighborhoods. If you wish to present your view in writing, please fill out the questionnaire. At this time, we are accepting all comments, questions, statements or complaints regarding these needs." Mayor Faram opened the public hearing and called for anyone wishing to speak to please come forward. September 28, 1981 Page 10 There being no one wishing to speak, Mayor Faram closed the public hearing. Councilman Wood moved, seconded by Councilman Ramsey, to set the second public hearing on Community Development Block Grants for October 12, 1981. Motion carried 7-0. 15. Councilman Ramsey moved, seconded by Councilman Kenna, to approve Resolution No. 81-17. Councilwoman Groves stated she felt that everyone should know that the reason for changing newspapers was because of the cost of the legal advertising. CONSIDERATION OF RESOLUTION DESIGNATING CITY'S OFFICIAL NEWS- PAPER APPROVED RESOLUTION NO. 81-17 Motion carried 7-0. 16. Councilman Kenna moved, seconded by Councilman Freeman, to cancel the December 26, 1981, Council meeting. Motion carried 7-0. CONSIDERATION OF CANCELING THE DECEMBER 26, 1981 COUNCIL MEETING APPROVED 17. None CITIZEN PRESENTATION Mayor Faram asked the City Attorney to give an update on the Green Valley situation. Mr. McEntire stated that Mr. Bill Hielscher filed a temporary restraining order against the City with reference to Ordinance No. 922. Mr. McEntire stated Mr. Hielscher filed the suit with respect to the races coming up this weekend. Mayor Faram stated the Council would have an executive session with the City Attorney after the Council meeting in regards to this suit. Mr. Jimmy Kirk, citizen, wanted to thank the Council for the effort they had put forth on the problems at Green Valley. 18. Mayor Faram adjourned the meeting of SePtember~~~~NT ck Faram, Mayor ATTEST: