Loading...
HomeMy WebLinkAboutCC 1980-01-14 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, JANUARY 14, 1980 - 7:00~P.M. 1. Mayor Faram called the meeting to order January 14, 1980, at 7:00 p.m. 2. Present: Dick Faram Denver Mi 11 s Jim Wood Sid Cavanaugh John Michener Jim Cato Dave Freemdn Lena Mae Reeder STAFF: Tom Paul Jeanette Moore Rex McEntire Jim Anderson Allen Bronstad Richard Albin Margiè Nash Jo Ann Wi 11 i ams CALL TO ORDER tvlayor ROLL CALL Councilmen Councilwoman City Manager Ci ty Secretary City Attorney Director Public Works Director Utilities City Engi neer Planning & Zoning Member Board of Adjustment Member -:). The -invocation V,Jas given by Councilman Michener. INVOCATION 4. Mayor Faram presented Mr. John Albritton with a proclamation PROCLAMATION declaring January 20th through January 26th as Junior Achievement Week in North Richland Hills. Mayor Faram recognized Junior Girl Scout Troupe 828 and their !.eader r~rs. Stauser. b. Councilman Cavanaugh moved, seconded by Councilman Wood, to approve the minutes of the December 10, 1979 meeting. APPROVAL OF MINUTES 12-10-79 APPROVED AS CORRECTED Councilman Mills advised that on page 16, item 26, the recordinq of the vote listed Councilman Wood and Mills voting against; it should have listed Councilman Wood &nd Freeman voting against. On item 28 the caption was left off. Motio~ to approve as corrected carried 5-0; Councilman Michener and Councilwoman Reeder abstaining due to absence from the meeting. 6. Councilman Michener moved, seconded by Councilwoman Reeder, to approve the minutes of the December 17, 1979 meeting. APPROVAL OF MINUTES APPROVED Counciìrnan Cavanaugh stated that on pa~Je four, "stockholders only" needed to be addeå. Motion to approve carried 6-0; Councilman Mills abstaining due to absence from the meet; ng. January 14, 1980 Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: RETIREMENT BENEFITS APPROVED ORDINANCE NO. 792 7. Councilman Cato read the following Ordinance: The City of North Richland Hills does hereby elect to adopt the following provisions as they apply to the participation of the of the City in the Texas Municipal Retirement System: (a) Its employee members may retire at age 60 within 10 years of Creditable service with the City; (b) Its employee members shall have a vested tight to retire at age 60 after 10 years Creditable service even if he leaves the service of the City prior to retirement: (c) Persons hereafter employed who are less than 60 years of age may participate in the program: (d) Present employees who were under 60 at the time of employment may participate in the program and such employees will be allowed prior service Credit for the period of employment during which they were ineligible for membership because of the former age 50 maximu~-entry-age provisions of TMRS Act. Councilman Cavanaugh moved, seconded by Councilman Wood, to approve Ordinance No. 792, Retirement benefits. Motion carried 7-0. 8. Councilman Freeman moved, seconded by Councilman Michener, to authorize the Mayor to sign the contract with R.Y.A. Motion carried 7-0. R.Y.A. CONTRACT APPROVED Motion carried 7-0. PS 79-79 - REQUEST OF LAURAL DEVELOPMENT COMPANY FOR REPLAT OF LOTS 2 & 3, BLOCK 1, NORTH EDGLEY ADDITION APPROVED PS 79-80, REQUEST OF FOSTER VILLAGE JOINT VENTURE FOR FINAL PLAT OF FOSTER VILLAGE SECTION 3 APPROVED 9. Councilman Wood moved, seconded by Councilwoman Reeder, to approve PS 79-79. 10. Councilman Freeman moved, seconded by Councilman Wood, to approve PS 79-80. Councilman Wood stated the dedication of right-of-way was based on approximately 40 feet from the centerline of the street, which happens to be the city limits of North Richland Hills and Watauaa. Coùn¿ilman Wood stated his concern was that if anyone~was aware of a written agreement with Watauga that the additional 40 feet was actually in writing. Mr. Jim Harris with Foster Financial appeared before the Council. Mr. Harris stated they had already platted the portion that was in Watauga and Watauga had dedicated 40 feet of right-of-way. Councilman Wood stated it was his understanding that Rufe Snow would be closed for approximately 90 days. City Manager Paul stated that was correct. The Fire Department and Police Department had been made aware the street would be closed. Councilman Mills asked Mr. Harris if they had already started construction. Mr. Harris replied no. Councilwoman Reeder asked if the construction would have an impact on the water system. Mayor Faram stated the developers would have to conform to the Resolution regulating building permits. Councilman Cato asked the City Engineer what his interpretation was of the difference in the measurements of the depth of the lots. Mr. Albin stated basically the way he interperted it was the depth of the lot measured by the diameter of a circle that was equivalent to the depth of the lot. Such as the circle touches the front lot line, one side lot line and the rear lot line simultaneously and his interpretation was that if it did not do that it was not deep enough. Councilman Cato asked Mr. Albin if in his estimate was lot 43, block 10 and lot 71, block 10, were not deep enough according to the ordinance. Mr. Albin stated the lots were marginal, according to his interperation of the ordinance. Mr. Anderson stated there was no particular problem with these lots. Mr. Anderson stated you often get into this problem with a cul de sac. Mr. Anderson stated you simply had to make a judgement. The Planning and Zoning Commission recommended these lots be accepted as is. Councilman ~!ood asked the City Attorney if the Council could make a provision in the passing of this case so that the city require that barricades, lights and a sign at Bursey Road and Starnes to advise that Rufe Snow was closed for construction, all at the expense of the developer and be made a part of the motion. Mr. McEntire replied yes. January 14, 1980 Page 3 Councilman Freeman withdrew his motion. Councilman Wood asked if the pro rata share had been settled. Mr. Anderson replied yes. Councilman Wood moved, seconded by Councilman Cavanaugh, to approve PS 79-80, with the additional comments that the city require the developer to provide all barricades and night lights at the construction site, a minimum of one sign at Starnes Road and Bursey Road; the intersection bf Rufe Snow and Bursey Road to advise the public that Rufe Snow would be closed for the period of construction; all to be at the expense of the developer. Motion carried 7-0. 11. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak for this request to please come forward. Mr. Jerry Stevens, Developer, appeared before the Council. Mr. Stevens stated this case was something the Council had requested that they do in as much as the original zoning was for apartments. Mr. Stevens stated that when they came in I¡Ji:th the preliminary plat there was some concern by the Council that unless they went along the lines of planned development soneone could buy a lot there and construct an apartment on it and this request was one way of answering the requirement that was raised at that time. Councilman Cato stated it was his understanding the Planning and Zoning Commission had exhibited an interest in having a proposed 2,000 square foot miminum for 1F-12 put on the plat Mr. Stevens stated they would have the 2,000 foot miminum in the Deed Restrictions. Councilman Cato read the.following excerpt from the Planning and Zoning Commission minutes: IIMr. Anderson stated the city did not enforce Deed Restrictions. A miminum of 2,000 square feet restriction should be put on the plat. Mr. Stevens stated he would agree to that. II Councilman Cato stated his question was that since this was going to be planned development the plat would become a part of the ordinance establishing the zoning and he would not be able to deviate from the plat without coming in and offically changing the zoning. January 14, 1980 Page 4 PUBLIC HEARING PZ 79-43 TARRANT REAL ESTATE DEVELOPMENT CORP. TO REZONE A PORTION OF TRACTS 2 & 4A, ABSTRACT 1520, FROM LOCAL RETAIL MULTI-FAMILY, & 1F-12 TO PROPOSED CLASSIF- ICATION OF PLANNED DEVELOPMENT January 14, 1980 Page 5 Mr. Stevens stated that because of the shape of some of the lots there was some discussion of the possibility of making some changes. Mr. Stevens' stated he was not aware that he would have to come back before the Council to make a change in the lots. Councilman Cato stated that as a planned development, the p~at as presented with a request for zoning became a part of the zoning ordinance. Councilman Cato stated if the plat was changed in any way they would have to officially come back and change the zoning ordinance. Mr. Stevens stated there would only be two lots involved in the change. City Attorney McEntire advised Mr. Stevens that if later on a problem developed he would be required to through a rezoning change in order to change the lots. Councilman Cato asked if the original plat had the 2000 square feet minimum on it as requested by the Planning and Zoning Commission. Mr. Anderson stated no, the final plat would have to have the 2000 square feet on it. Mayor Faram asked if they foresaw any change in the engeering data other than the two lots. Mr. Lynn Chadwick, Engineer for Mr. Stevens, appeared before the Council. Mr. Chadwick stated there would be a change. Mr. Chadwick stated the only thing the change would do was the possibility of eliminating one or two lots, therefore increasing the size of the lots on the creek. Mayor Faram asked if there would be more than two lots involved. Mr. Chadwick replied no. ~1ayor Faram asked the City Attorney if the Council could leave this open énded fot these two things pending engineering without Mr. Stevens having to go through the process of filing fees if there were only two lots involved. Mr. Anderson stated this could be handled by the Staff if the Council would permit the Staff to approve minor deviations to lot lines not to exceed two or three feet. Councilman Cato asked when the final plat would be ava il ab 1 e. Mr. Chadwick stated the Council might want to consider tabling this request until the final plat was available. r~r. Chadwick stated the final plat should be ready within two weeks. Mr. Chadwick stated the only reason they were going through this process was to change the zoning. Mayor Faram called for anyone wishing to speak in opposttion to please come forward. There being no one to speak in opposition, Mayor Faram closed the Public Hearing. Councilman Hood asked the City Attorney, in reference to this zoning request and item 23 on the agenda, if all the property shown on the document was in North Richland Hills boundary limits at this time. Mr. McEntire replied no, all the property was not in North Richland Hills. Councilman Wood asked if it would be legal to approve this zoning request. Mr. McEntire stated that if the Council approved item 23 this zoning request would be legal. Mr. Paul stated item 23 would be tabled because the ordinvnce was not completed in time to be sent to the Council. Councilman Mills stated that if a motion to table this zoning request was made he would like for it to include directions to the Staff to work up ? package presentation for a field trip to go out and look at the area and actually see what kind of land North Richland Hills was going to exchange with Haltom City. Councilman Wood moved, seconded by Councilwoman Reeder, to table item 12, PZ 79-43 and item 23 until the next Council meeting on January 28, 1980. Motion carried 7-0. 12. This item tabled. January 14, 1980 Page 6 CONSIDERATION OF ORDINANCE FOR PZ 79-43 TABLED 13. Councilman Wood moved, seconded by Councilwoman Reeder, to approve payment to Walker Construction Company in the amount of $28,440.00 for Central Fire Station. Motion carried 7-0. 14. Mr. Paul advised the Council the City had the possibility of buying five mÐbile radios that ·were_omittéd from last years budget. Mr. Paul stated the city could get a grant for these radios that would pay 75% of the cost. The city's cost would be $1,139.00. Mr. Paul stated he recommended the Council approve thi s item. Councilman Michener moved, seconded by Councilman Mills,to approve the purchase of five mobile radios in the amount of $1,139.00. Motion carried 7-0. Mayor Faram called a five minute recess. Mayor Faram called the meeting back to order. The same Council members and Staff were present as recorded at the beginning of the meeting. 15. Councilman Michener moved, seconded by Councilman Wood, to approve Ordinance No. 793. Motion carried 7-0. 16. Mayor Faram advised the Council the original resolution passed on July 23, 1979, did not name Carter and Burgess as the Consultants. Councilman Mills moved, seconded by Councilman Wood, to authorize the contract to doa traffic study to be done by Carter and Burgess. Motion carried 7-0. 17. Mayor Faram asked if this request for payment was according to a previous agreement. Mr. Anderson stated yes, this was in accordance with a Eity Developer Agreement. Mr. Anderson stated he proposed not to pay this until the streets were accepted. Councilman Michener moved, seconded by Councilman Mills, to approve payment to P & S Construction in thè amount of $1,999.00, subject to the acceptance of the streets by the Director of Public Works. Motion carried 7-0. January 14, 1980 Page 7 CENTRAL FIRE STATION $28,440.00 CONSIDER- ATION AND APPROVAL OF PAYMENT TO WALKER CONSTRUCTION COMPANY FOR PERIOD 12-1-79 TO 12-31-79 APPROVED MOBILE RADIOS 25% $1,139.00 RECESS CALL TO ORDER REVISION OF SUBDIVISION ORDINANCE ORDINANCE NO. 793 TRAFFIC STUDY-CARTER & BURGESS - APPROVED CONSIDERATION AND AND APPROVAL OF PAYMENT IN THE AMOUNT OF $1,999.00 DUE P & S CONSTRUCTION COMPANY FOR IRISH MEADOWS, SECTION 1, PHASE 2 APPROVED 18. Mr. Anderson stated the Council approved a contract sometime ago to solve the drainage on Bursey Road. At the time the property was owned by Mrs. Huffstetter and she was opposed to an open channel. Mr. Anderson stated that Mrs. Huffstetter would h~ve agreed to an underground type drainage. Mr. Anderson stated that in the meantime the property had changed hands and is now in litigation. Mr. Anderson stated it was his understanding that the purchaser of the property was unhappy with the seller and the real estate ag~nt for not advising him of the drainage problem. Mr. Anderson stated he felt sure the current owner declined to give the city an easement on the advice of his attorney. Mr. Anderson stated that under the circumstances in order to accquire the easement to proceed with this project the city had no choice but to go to condemnation. City Attroney McEntire asked if the present owner had been made an offer for the easement. Mr. Anderson replied yes, he proposed $1.00 for the easement. Mr. McEntire stated an offer had to be make before it could be filed for condemnation. Mr. Anderson stated $1.00 and other valuable considerations were offered. The other considerations in this case was about $3,500.00 in spillway work on the pond that was on the property. Councilman Cavanaugh asked Mr. Anderson if his offer was for underground or open channel drainage. January 14, 1980 Page 8 CONDEMNATI ON OF DRAINAGE EASEMENT REQUIRED FOR BURSEY ROAD PROJECT POSTPONED Mr. Anderson stated the drainage on the property was not actually underground: The drainage was undergroúnd under Bursey Road and continued underground all the way down :through the city property where the city was building the water tower. Mr. Anderson stated the drainage was underground a short distance on Mr. Fisques's property and there was a headwall structure that put the water out in its natural channel. That was where it had always flowed. It runs into a pond on Mr. Fisque-Ls property which he has damed up. Mr. Anderson stated the city would build a spillway on the dam so it would not wash. Councilman Wood asked Mr. McEntire that if a dollar and other work done, was that not v~luabl~ consideration? Mr. McEntire stated he did not reaìize the city was doing the spillway work. Mr. Ai Jackson, Attorney. 3220 N. Freeway, appeared before the Council representing Mr. Fisque; Mr. Jackson stated this property was purchased by Mr. Fisque on August 24, 1979, from Mrs. Huffstetter. Mr. Jackson stated they were opposed to the condemnation. -:\ Mr. Jackson stated all the prople in the area had agreed to let the city develop the property if a drain was put in front of their houses and go all the way down underground to the creek. Mayor Faram asked Mr. Albin, under Mr. Jackson's proposal how far underground would the water go and would it change the natural flow. Mr. Albin stated the natural flow ended at the pond. Mr. Albin stated he did not know how far underground the water would go. Mr. Anderson stated he had done a cost study on the underground drainage and it would cost approximately $110,000. Councilman Cato asked Mr. Paul what agreement, if any; was reached with the previous owner the last time this drainage problem was discussed. Mr. Paul stated he had met with Mrs. Htiffstetter and she never made any kind of agreement to go across her property. Mayor Faram asked Mr. Jackson if the only proposal he was willing to consider was the drainage in front of the houses. Mr. Jackson stated he was open to suggestions and proposals. Mayor Farßrn asked Mr. Albin if there would be an overflow problem with the pond. ~1r.Alhin stated in his opinion no, the pond would however ¡lèlVE: tu be dredged. Mr. Jackson stated there were no provisions in the contract for cleaning the pond, would there be a provision made. City Attorney McEntire stated provisions could be made for cleaning the pond every three or four years. Councilman Cato asked Mr. Albin what the alternatives would be if the water from the subdivision was allowed to flow it normal course as it currently exi~ts. Mr. Albin stated as it currently €xists, the runoff from the Londonderry Addition goes through an 'underground conduit and terminates at the north right-of-way line of Bursey Road and spills out across the city owned property and also on the adjacent property to the east and west. Councilman Cato aSKed if this was the routing that was agreed to as part of the solution to this problem. MAYOR FARAM LEFT THE MEETING AT THIS TIME. January 14, 1980 Page 9 January 14, 1980 Page 10 Councilman Cavanaugh asked if the city chose to drain the water to the pond was because the city did not have the funds to go any other way. Councilman Wood stated one of the problems was th~t the subdivision put in by an individual and simply drawn out on a piece of paper. The city did not technically own the streets. Councilman Freeman asked what point the city was with the contract for this project. Mr. Albin stated no work. order had-~een issued for the contract. Councilman Freeman asked what liability the city would have if the contract was canceled. Mr. Albin stated either party could back-out of the contract after 45 days. Councilman Michener stated the principal issue was whether or not there was a price Mr. Fisque would ronsider on turning the right-of-way over to the city. Councilman Michener stated that Mr. Jackson had said a bonafide bffer had not been made, was there a price his client was willing to accept. Mr. Johnson stated his client would not accept the existing drawings. If modified there might be a possibility he would accept. Councilman Mills stated from his point ,of view~ the reasòn the city had the pipe to get the water over to the pond was when the subdivision was approved across Bursey Road, something had to be done to divert the flow off of the subdivision. Councilman Mills stated that he thought in two or three years when the subdivision stabilized the slit would be lesser under natural conditions. Councilman Mills stated he felt the city could come up ~Jith an engineering solution that would prevent the water from eroding the banks of the pond. 1·IAYOR FARAM NOW PRESENT. After further discussion, Councilman Wood moved, seconded by Counc~lwoman Reeder, to postpone this item and instruct the . Staff to procedd along the lines discussed here tonight, with an in depth view of the cost, step by step on where we ar~.and the cost of what to go to as a final decision as recommended by the Staff. Motion carried 6-0; Council~an Cato abstaining. Motion carried 7-0. January 14, 1980 Page 11 CONSIDERATION AND APPROVAL OF PAYMENT IN THE N40UNT OF $5,922.82 DUE JOE R. STARKS CONS- TRUCTION CO., INC., 3-530, CITY OF NORTH RICHLAND HILLS, WATAUGA PARALLELING TRUNK SEWER CONTRACTOR'S ESTIMATE NO. 3 APPROVED CONSIDERATION AND APPROVAL OF PAYMENT IN THE AMOUNT OF $35,131.07 DUE A. E. SHULL & COM- PANY, TYLER, TEXAS, WATER SYSTEM EXTENSIONS FROM BURSEY ROAD TO DAVIS BLVD., CONTR~ TRACTORS ESTIMATE NO. 3 APPROVED CONSIDERATION AND APPROVAl OF PAYMENT IN THE AMOUNT OF $36,210.60 DUE UNIVERSAL TANK & IRON WORKS, INC. 3-531, CITY OF NORTH RICHLAND HILLS, 2.0 MG ELEVATED STORAGE TANK ON BURSEY ROAD, CONTRACTOR'S ESTIMATE NO. 5 APPROVED RECOMMENDATION FOR BID APPROVAL ON TRAILER MOUNTED AIR COMPRESSOR TO JOY MANUFACTURING IN THE AMOUNT OF $6,692.00 APPROVED BOUNDARY RESOLUTION 79-30 - CHANGE BOUNDARY WITH NORTH RICHLAND HILLS TO HALTOM CITY TABLED 19. Councilman Michener moved, seconded by Councilman Wood, to approve payment to Joe R. Starks Construction Company in the amount of $5,922.82. Motion carried 7-0. LO. Councilman Michener moved, seconded by Councilwoman Reeder, to approve payment to A. E. Shull & Company in the amount of $35,131. 07. Motion carried 7-0. 21. Councilman Michener moved, seconded by Councilwoman Reeder, to approve payment to Universal Tank and Iron Works, Inc., ;n the amount of $36,210.60. Motion carried 7-0. 22. Councilman Wood moved, seconded by Councilman Mills, to accept the bid of Joy Manufacturing in the amount cf $6,692.00. 23. This item was tabled. 24. Councilman Michener moved, seconded by Councilman Wood~ to table this item. Motion carried 7-0. 25. Mr. Paul stated Mid Cities was going to put out a progress page. Mr. Paul stated the city had not participated in the past and he advised Mid Cities he would take it to the Council. Councilman Michener moved, seconded by Councilman Wood~ to authorize the City Manager to purchase a full page ad. Co~ncilman Cato asked what funds would be used to purchase the ad. City Attorney McEntire stated the Hotel Tax could be used for this item. City Manager Paul stated the Hotel Tax would be used to pay for the ad. Mayor Faram stated he did not think there was coverage in the area by Mid Cities. Mayor Faram stated there was a reporter from the Mid Cities present and he would like to ask her how many subscribers were in this area. Pam Harwick, Reporter for Mid Cities~ appeared before the Council. Mrs. Harwick stated there were about 9,000 in the area. Mrs. Harwick stated the paper was planning to cover North Richland Hills and surrounding towns better in the future. Mrs. Harwick stated she would be covering the Council meetings. Motion to approve carried 7-0. 26. Councilman Mills moved~ seconded by Councilman Wood, to approve Resoltuion No. 80-1 supporting Tarrant County's Bohd Issue. Motion carried 7-0. 27. Councilman Cato moved, seconded by Councilman Freeman~ to approve payment to Rex McEntire in the amount of $520.00~ funds to come from Legal Department Funds. Motion carried 7-0. Mayor Faram called a recess at this time. January 14, 1980 Page 12 DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES TABLED MID CITY DAILY NEWS ADVERTISING-~ PAGE - $239.70 - 1 PAGE - $479.40 APPROVED TARRANT COUNTY BOND ISSUE IN THE AMOUNT OF $20,350~000.00 APPROVED RESOLUTION NO. 80-1 REX MCENTIRE STATEMENT- FENIMORE VS. CITY OF NORTH RICHLAND HILLS $520.00 APPROVED RECESS January 14, 1980 Page 13 The meeting was called back to order. The same Council members BACK TO ORDER and Staff were present as recorded at the beginning of the meeting. 28. Councilman Freeman moved, seconded by Councilman Michener, to postpone this item until the January 28, 1980 Council meeting. Motion carried 7-0. RESOLUTION NO. 80-2 NORTH RICHLAND HILLS INDUSTRIAL DEVELOPMENT CORPORATION POSTPONED ADJOURNMENT 29. Mayor Faram adjourned the meeting of January 14, 1980. ATTEST: