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HomeMy WebLinkAboutCC 1980-02-11 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, FEBRUARY 11, 1980 - 7:00 P.M. 1. Mayor Faram called the meeting to order February 11, 1980, at 7:00 p.r'1. 2. Present: Di ck Faram Lena Mae Reeder John ~1i chener Sid Cavanaugh Jim Cato t~ayor Councilwoman Councilmen STAFF: Tom Paul Paul Burgess Jim Anderson Richard Albin Rex ~·1cEntire Gary Ca 1 d\f.Je 11 Margie Nash CALL TO ORDER ROLL CALL City r:lanager Ci ty r'lanager I s Secretary Director Public Works City Engineer City Attorney Building Official Planning & Zoning Member ABSENT: Denver ~1i 11 s Jim Wood Dave Freeman Jeanette t100re Councilman Councilman Councilman City Secretary 3. The invocation was given by Councilman Michener. 4. Councilwoman Reeder moved, seconded by Councilman Michener, to approve the minutes of the January 28, 1980, meeting. Motion carried 4-0. 5. City Manager Paul advised the Council this same request was granted last year. Mr. Paul stated he recommended approval. Councilman Michener moved, seconded by Councilman Cato, to approve substituting Veterans Day, (Tuesday, November 11), to Friday, November 28, and swing day to be taken Friday, December 26. Motion carried 3-1; Counciiman Michener, Cato and Councilwoman Reeder voting for; Councilman Cavanaugh voting against. INVOCATION APPROVAL OF MINUTES 1-28-80· APPROVED APPROVAL OF SUBSTITUTING VETERANS DAY (FRIDAY, NOVEMBER 28, AND SWING DAY TO BE TAKEN FRIDAY, DECEMBER 26 APPROVED 6. Mayor Faram advised the Council the Planning and Zoning had recommended approval of this request subject to the signing of a covenant for future street improvements. Councilman Michener moved, seconded by Councilwoman Reeder, to approve PS 80-2 subject to the signing of a covenant. Motion carried 4-0. 7. Mayor Faram advised the Council the Planning and Zoning had recommended approval of this request subject to comment #1 in the Engineer's letter regarding the installation of a fire hydrant. Councilman Cavanaugh moved, seconded by Councilman Michener, to approve PS 80-4 subject to the Engineer's letter. Councilman Cavanaugh asked why the city could not ask them to plat Lot 2, even if it was not going to be built on. Lot 2 would be part of the use of Lot 1. February 11, 1980 Page 2 PS 80-2 - REQUEST OF . ARNOLD F. WILLIAMS FOR FINAL PLAT OF LOT 3, BLOCK 3, NORTEX ADDIT- ION APPROVED PS 80-4 - REQUEST OF BIRDVILLE I.S.D. FOR FINAL PLAT OF LOT 1, BLOCK 2, SMITHFIELD ADDITION APPROVED Mr. Albin stated Lot 2 was only going to be used as a playground. Councilman Cavanaugh stated that was true, but if the State was trying to get the city to plat all property, then the city should consider getting the school to plat the playground. Mayor Faram asked if there was a reason the school did not want to plat Lot 2. Mr. Albin stated the school IS engineer stated at the Planning and Zoning meeting they did not plat all of it into Lot 1 because they would have to provide water and sewer for Lot 2 and it was only going to be used for a playground. Mayor Faram asked Mr. Albin if he had any problems with the school not platting that lot if it was going to be used for a playground. City Attorney McEntire stated the city could make the school plat the lot in the future. Councilman Cavanaugh stated he thought it was just a basis for an issue to get around the fire protection, sewer and water. Councilman Cavanaugh amended his motion, seconded by Councilman r·1ichener, to state IIsubject to the Engineer's letter, comment #1". Motion carried 4-0. - ,~ February 11, 1980 Page 3 8. Mayor Faram advised the Council that the Planning and Zoning Commission had recommended approval of this request. Councilwoman Reeder moved, seconded by Councilman Michener, to approve PS 80-5. Councilman Cavanaugh stated it seemed to him that when people came in for re-platting it was not the cityls place to represent them. They should represent themselves. Mr. Anderson stated the staff preferred for them to represent themselves. Mr. Anderson stated this was not a request on Mr. Buckner's part, it was a demand on his part that Mr. Buckner get the problem taken care of. PS 80-5 - REQUEST OF GLEN BUCKNER FOR REPLAT OF LOTS l7R & 19R, BLOCK 3, BRIARWOOD ESTATES APPROVED Mr. Anderson stated that sometime ago the Council approved a plat on a couple of lots on this same Court and there was a problem of a driveway extending over a property line that should have alerted him but it did not. Mr. Anderson stated he later got a call from a irate citizen indicating they had purchased a piece of property with a boundary line shown in a particular manner and closed on the property. After they closed on the property all of a sudden the stakes were moved and they lost about four feet of yard. They were unhappy about it and they wanted to know if Mr. Buckner could change the line. Mr. Anderson stated he assured those people the plat that was filed for record was a controlling document, the stakes would have to match the plat. Mr. Anderson stated that at this point he called Mr. Buckner and asked what was going on. Mr. Anderson stated he found out there was a foul-up in the survey. Mr. Anderson stated Mr. Buckner stated the kids moved the stakes around and the people pouring the slabs did not dig down and find the pins. Mr. Anderson stated the fact of the matter was where the slabs went in did not match the boundary lines and Mr. Buckner was changing these lines after the people had closed on the property to suit himself. Mr. Anderson stated that at this point he demanded Mr. Buckner have the property re-surveyed and clear up the boundary problem to protect the people living on that Court. Mr. Anderson stated Mr. Buckner engaged a surveyor who re-surveyed the tract. Mr. Anderson stated that in effect Mr. Buckner was complying with the demand of the city. : Councilman Cavanaugh stated what concerned him was that the people were concerned about how much land they were losing. Councilman Cavanaugh stated they were losing approximately 4 feet then it was narrowed down to 1.4 feet and it appeared this was not definite. Mr. Anderson stated basically all the property owners were in agr~ernent with this replat. Mr. Anderson stated Mr. Buckner would have to furnish a new plat to all the people involved. Councilman Cato asked if this was IF-9 zoning. Mr. Anderson stated the zoning was IF-9 or IF-9-15. Councilman Cato asked what the minimum lot size was. Mr. Anderson stated he thought that when this was Ølatted it was 9,000 square feet. Councilman Cato asked Mr. Anderson if he knew the date of the original platting. Mr. Anderson stated it was approximately 1975. Councilman Cato asked the City Attorney if the Council had the right to grant a deviation from Ordinance 179. Mr. McEntire stated the Council had the right to grant the variance. Councilman Cavanaugh stated the way he understood it there were just slabs on the lots at this time. Mr. Anderson stated no, homes were already built and most were occupied. Councilman Cavanaugh stated if this ever happened again he would like for the city to red-tag it and have them put another whole slab down. Motion to approve carried 3-1; Councilman Cato and Michener and Councilwoman Reeder voting for; Councilman Cavanaugh voting against. 9. Mayor Fatam advised the Council that Dr. E. K. Hahn had been previously appointed to this committee and could not serve. Councilman Cavanaugh moved, seconded by Councilwoman Reeder, to approve E. F. Crites for the Industrial Development Committee in place of Dr. E. K. Hahn. Motion carried 4-0. Mayor Faram instructed the City Manager to write Mr. Crites a letter thanking him for his willingness to serve. Also, write Dr. Hahn. 10. Councilman Michener moved, seconded by Councilman Cavanaugh, to approve payment to ~'Jalker Construction Company in the amount of $54,535.00. Councilman Cato stated he was under the impression the last time one of these bills was paid, there was some discussion on no one in the city putting a signature on these requests. Councilman Cato stated he did not recall if the Council decided to have one of the city inspectors oversee the cò~struction. February 11,1980 Page 4 APPROVAL OF E.F. CRITE~ IN PLACE OF DR. E. K. HAHN - INDUSTRIAL DEVELOPMENT COMMITTEE APPROVED CENTRAL FIRE STATION $54,535.00 CONSIDERA- TION AND PAYMENT TO WALKER CONSTRUCTION COMPANY FOR PERIOD 1-1-80 TO 1-31-80 FROM LARRY DIXSON, A.LA., ARCHITECT APPROVED Mayor Faram stated Mr. Dixson was present if there were any questions. Mr. Larry Dixson, 7001 Grapevine Highway, Suite 408, appeared before the Council. Councilman Cato stated he noticed on the form that Mr. Dixson had signed on the application for certification for payment that all he did was attest to the fact that this came from the contractor and that was his signature. Councilman Cato stated that no where on the statement did he see any indication the amount asked for or the amounts for work completed. Councilman Cato stated that normally when the city inspectors signed off for request for payment on contracts, they attested to the amount of completion or the amount of work done. Mr. Dixson stated that on the first sheet of the statement was the amount asked for and the sheets following broke down what had been completed. City Attorney McEntire stated Mr. Dixson certifies to the best of his knowledge that work had been completed. Councilman Cavanaugh asked Mr. Dixson if he made the performance report out. Mr. Dixson stated h~ made the performance report out and inspected the work. Motion to approve carried 4-0. 11. Councilman Michener moved, seconded by Councilman Cato to postpone this item. Councilman Cato asked if this ordinance could be routed through the Planning and Zoning Commission before it came back to the Council. Mayor Faram stated he also would like to study the ordinance before it went to the Planning and Zoning Commission and would ask Mr. Paul to set up a worksession on it. Motion to postpone carried 4-0. 12. Mr. Paul stated this ordinance was passed by the Council on January 14, 1980, and the City Attorney said at that time we would have to come back and pass another ordinance which is the one the Council had before them. t~r. Paul stated this O\~dinance incorporated everything that was in Senate Bill 390 and also incorporated the things that were in Ordinance No. 792. Mr. Paul stated the City Attorney had checked the ordinance and felt there was nothing in it contrary to Ordinance 792 or the State Law. February 11, 1980 Page 5 CONSIDERATION AND APPROVAL OF AMENDING ORIDINANCE 488 - SALE OF MIXED BEVERAGES POSTPONED CONSIDERATION AND APPROVAL OF ORDINANCE FOR TEXAS RETIREMENT SYSTEri APPROVED ORDINANCE NO.798 Councilman Cato moved, seconded by Councilman Cavanaugh to approve Ordinance No. 798. Motion carried 4-0. 13. City Manager Paul stated that in the third line from the bottom in the specifications it stated the new experience modifier had not been received. Mr. Paul stated he felt that anyone bidding for the policy would need the experience modifier, therefore, he had asked Austin for it. Councilman Michener moved, seconded by Councilman Cavanaugh, to approve the specifications as presented to include the experience modifier. Councilman Michener asked Mr. Paul if he would have the experience modifier before the policy expired. Mr. Paul replied yes. Motion to approve carried 4-0. 14. Councilman Cavanaugh asked that someone explain this resolution. City Manager Paul stated most of Precinct Line Road was in North Richland Hills city limits. Mr. Paul stated North Rich1and Hills and Hurst had been discussing for some months the possibility of Hurst taking over the entire street. They had made no commitment yet but, said they would like to go to the Urban System rather than try and get enough money to make Precinct Line a presentable street. Mr. Paul stated that if they got the Urban System that they would come back and ask North Richland Hills to work with them on the right-of-way and possibly give them the right to assess for curb and gutter. Hurst would have to come back to North Richland Hills for this privilege. Councilman Cavanaugh stated that was not stated in the letter from Hurst. Mr. Paul stated this was a request for an Urban System Grant and if granted they would have to come back and do this allover agãin. Councilman Cavanaugh asked if half of the street belonged to North Richland Hills. Mr. Paul stated that in this case most of the street belonged to Hurst. February 11, 1980 Page 6 APPROVAL OF SPECIFI- CATIONS FOR LIABILITY INSURANCE APPROVED RESOLUTION WITH CITY OF HURST CONCERNING PRECINCT LINE AND WATAUGA/SMITHFIELD ROAD FOR CONSIDERATION RESOLUTION NO. 80-6 APPROVED February 11, 1980 Page 7 Mr. Anderson stated the part under consideration tonight belonged to North Richland Hills. Mr. Anderson stated this was a preliminary step to get this section of road into the Federal Urban System Network. Once in the Federal System Network, it becomes available for Urban System Funding. Mr. Anderson stated at this point and time if the State decides to spend Urban System Funds on this prodect they were going to be looking for a sponsoring city. Mr. Anderson stated it was not 90ing to be North Richland Hills, as the city had more pressing priorities. Mr. Anderson stated the State would not pay for curb and gutter so North Richland Hills would have to pass a resolution to give Hurst the right to condemn right~of-way on North Richland Hills side and allowing them to assess for curb and gutter. This resolution was just to let the State know North Richland Hills was willing to let Hurst assess. Councilman Cavanaugh stated the thing that bothered him was that he did not want Precinct Line to look like Grapevine Highway where the south side had no curbs and gutters because Richland Hills did not have the funds for such. Mr. Anderson stated this would not happen to Precinct Line because the State would not allow it to happen. Mayor Faram stated that Grapevine Highway was a State Highway and it would not have curb and gutter on the south side. Mr. Anderson stated he was not aware that Grapevine Highway would not have curb and gutter on the south side. Councilman Cavanaugh asked why North Richland Hills and Hurst could not apply jointly. Mr. Paul stated this was discussed with Hurst and since North Richland Hills had applied for Rufe Snow there would not be anyway North Richland Hills could get funds for Precinct Line also. Councilman Cato asked the City Attorney if the Council passed this resolution did they retain the right to set a priority for this particular project should the State decided to go ahead with the funding. Mr. McEntire stated yes, Hurst had no power whatsoever with respect to Precinct Line Road. Mr. McEntire stated the primary problem was aquisition of right-of-way and assessments. Hurst had no power whatsoever to do this without a resolution from North Richland Hills Council. Councilman Cato asked if the passage of this resolution would weaken North Richland Hills power toassign low priority to it should it come through. Mr. McEntire stated no. Councilman Cato moved, seconded by Councilman Michener, to approve Resolution No. 80-6. Motion carried 4-0. 15-a. Mayor Faram stated the structure for the Tax Appraisal for Tarrant County was adopted by a vote by the Mayor's Council by a vote of 37-2. Those two in opposition were the City of Arlington and the City of Fort vlorth. Mayor Faram stated now the City of Arlington feels they have been short changed and they want to bring a lawsuit against everyone who is a taxing entity in Tarrant County. Mayor Faram stated there were some mixed feelings in the Mayor's Council to the pursuing of this lawsuit. Mayor Faram stated that unless there was amechanism by which taxes could be collected, there would be no tax collection in the year 1982. Mayor Faram stated it was not 100% in the ~layor I s Council that they shou 1 d go in and defend this. There are some who want to see if there was a happy medi um ground on \rJhi ch the Ci ty of Arl i ngton could meet with the rest of the group. Mayor Faram stated he argued against the suit because he felt a vote of 37-2 was an overwhelming vote in favor of. Mayor Faram stated he felt that after several sessions with the school districts, should the structure be changed at any point now that it is set up there is going to be someone unhappy and there would be another lawsuit. Mayor Faram stated it was important that this get settled to enable assessing and collecting of taxes for the year 1982. Mayor Faram stated there was somè disagreement as to who the attorneys would be to represent this group. Mayor Faram stated he felt it needed to be gotten off high center and let the Gourts make the decision. Mr. McEntire stated most of the cities were represented at the meeting where this lawsuit was discussed and everyone realized that unless something was done immediately this case would still be pending in 1982 and no taxes could be collected that year. Mr. McEntire stated there were some sixteen ìawyers at the meeting representing cities and school districts. The ones who ~epresented cities, in effect, asked him George Staples and Henry Kerry if they would form a team to do this. Mr. McEntire stated he undertook the task of going to Arl-~ngton and making a proposal to get this moving. . February 11, 1980 Page 8 CONSIDERATION OF RESOLUTION DESIGNATING A1TORNEY~ FOR TAX DISTRICT APPROVED RESOLUTION NO. 80-7 Mr. McEntire stated if the Council would move on the lawsuit, waive formalities he could get it through court one way or the other. Mr. rkEntire stated he, George Staples and Henry Kerry had a meeting to try and' determine how to get this moving and came up with the $0.12 per capita and if most of the cities do not join that will not be enough. Mr. McEntire stated if the Council passed the resolution they should accompany the resolution with a letter from the Mayor that the City of North Richland Hills reserves the right to pullout of the group if not enough cities join in order to finance the defense. Mayor Faram asked Mr. McEntire if he foresaw a lawsuit coming one way or the other with the school district or City of Arlington so that it would have to be settled in Court. Mr. McEntire stated he personally felt it would have to go to Court to be settled. Councilman Cato moved, seconded by Councilman Michener, to approve Resolution No. 80-7 with the following additions: North Richland Hills be inserted in the appropriate blanks; in secti on one the team of Rex rkEnti re, George Staples and Henry Kerry be inserted as hereby employed and the end of Section 2, $0.12 per capita be added. Mr. McEntire stated an accompanying letter should state the City of North Richland Hills reserves the right to withdraw from the consortium in the event the total funds pledged by other cities was not sufficient to pay the defense. 15. Motion to approve carried 4-0. City Manager Paul stated this was the insurance that covered Public Officials. Mr. Paul stated all Boards and Commissions were also covered under this insurance. Mr. Paul stated there were on ly bJO compani es he knew of that wrote thi s insurance. Mr. Paul stated he would personally like to stay with Alexander & Alexander Insurance. Councilman Michener moved, seconded by Councilwoman Reeder, to approve the bid of Alexander & Alexander. Februa~y 11, 1980 Page 9 PROPOSAL FOR PUBLIC OFFICIAL LIABILITY INSURANCE ALEXANDER & ALEXANDER Councilman Cavanaugh asked if only one bid was received. Councilman Cato asked the City Attorney if the city could accept the bid without having gone out for bids. City Attorney McEntire advised the Council to go out for bids. Mayor Faram asked if the insurance covered the various Boards and Commissions. Mr. Paul replied yes. Councilman Cato stated the specifications needed to specify a number of the people that were to be covered. Councilman Michener withdrew his motion, Councilwoman Reeder withdrew her second. Mayor Faram stated he recommended taking bids and exploring the possibility of covering Board members and Commissions servicing the Council. Councilman Cavanaugh moved, seconded by Councilman Cato, to advertise the Public Official Liability Insurance for bids and see that all Boards and Commissions appointed by the Council were covered. . Motion carried 4-0. 16. Mayor Faram adjourned the meeting of February 11, 1980. Mayor Faram announced that the Council would go into executive session for discussion of other matters. 'l J ~-ccJt,4m/ ,LlcÆ c" M~YorvDick Faram ATTEST: //1 ~%/zz;/ J}rlette r~oore, ) Ynð.-&-k~/ City Secretary Febroory 11, 1980 Page 10 ADJOURNMENT