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HomeMy WebLinkAboutCC 1980-03-10 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, MARCH 10, 1980 - 7:00 P.M. . 1. Mayor Faram called the meeting to order March 10, 1980, at 7:00 p.m. ') Present; Dick Faram '. . Denver r·1i 11 s Jim ~Jood John m chener Sid Cavanaugh Jim Cato Dave Freeman Lena r~ae Reeder STAFF: Tom Paul Jeanette ~1eore Richard Albin Jim Anderson t~argi e Nash JoAnn Williams ABSENT: Rex McEntire ., The invocation was given by Mayer Faram. .). CALL TO ORDER ~1ayor ROLL CALL Councilmen Counei lwoman Ci ty r·lanager City Secretary City Engi neer Director Public Works Planning & Zoning Member Board of Adjustment Member City Attorney INVOCATION 4. Councilman Freeman moved, seconded by Councilwoman Reeder, to approve the minutes of the February 11,1980, meeting. APPROVAL OF MINUTES of 2-11-80 APPROVED AS CORRECTED Councilman Wood stated that on page five, item 11, the word approved in the caption should be postponed. Motion to approve as corrected carried by a vote of 5-0; Councilmen Mills and Wood abstaining due to absence from the meeting. 5. Councilman ~Jood moved, seconded by Councilman r~ills, to approve the minutes of the February 25, 1980, meeting. APPROVAL OF MINUTES OF 2-25-80 MEETING APPROVED ¡'·Joti on carri ed 5-0; Councilmen t·1i chener and Cavanaugh abstaining due to absence at the meeting. 6. Councilman Wood moved, seconded by Councilman Cato, to approve Resolution No. 8-08, being as follows: RESOLUTION NG. 80-8 CONSIDERATION AND APPROVAL OF CERTI- FYING THE NUMBER OF BALLOTS FOR EACH VOTING PRECINCT FOR THE CITY COUNCIL ELECTION OF NORTH RICHLAND HILLS TO BE HELD APRIL 5, 1980 RESOLUTION NO. 80-8 ~IHEREAS, the City of North Richland Hills will hold its general City Election on April 5, 1980; and -', WHEREAS, the official absentee paper ballots have been counted and sealed up with instruction cards, poll list, tall~ sheets, distance markers, returning blanks, stationery and a certified list of voters and the number of each endorsed on the package. NOW, THEREFORE, be it Resolved by the City Council of the City of North Richland Hills, that; 1 . The Council finds that the above has been accomplished and so certifies. 2. The number of ballots for each voting precinct and the range of serial numbers on these ballots are as follows: PRECINCT Nur~BER RANGE 41 1 - 20 49 21 - 30 63 31 - 40 72 41 - 50 140 51 - 70 159 71 - 80 191 81 - 90 196 91 - 100 209 101 - 110 214 111 - 120 215 121 - 130 3. This resolution shall be entered as a part of the minutes of this meeting. March 10, 1980 Page 2 PASSED AND APPROVED at a regular meeting of the City Council this 10th day of March 1980. Motion to approve carried 7-0. 7. Mayor Faram asked if this ordinance had been approved by the Planning and Zoning Commission. City Manager Paul replied it had been approved by the Planning and Zoning Commission. Councilman Mills moved, seconded by Councilman Wood, to approve Ordinance No. 804. Motion carried 7-0. CONSIDERATION AND APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 179 - ZONING ORDINANCE MIXED BEVERAGES APPROVED ORDINANCE NO. 804 ~1arch 10, 198-0 Page 3 8. Councilman Freeman moved, seconded by Councilman Wood, to approve Ordinance No. 805. Councilman Freeman asked to be brought up to date on this case. Councilman Freeman asked if the ordinance just passed would clear up the loop hole in this particular item. PZ 80-3, REQUEST OF THOMAS JOHNSON: BIG TOM'S BAR-B-Q TO REZONE A PORTION OF BLOCK 2, RICHFIELD PLACE COMMERCIAL DIVISION, FROM LOCAL RETAIL TO LOCAL RETAIL-SPECIFIC USE- SALE OF ALCOHOLIC BEVERAGES APPROVED ORDINANCE NO. 805 Mayor Faram stated the Council wanted the owner's consent on audits and the owner did not actually want to sell mixed beverages, he wanted to sell beer only. Mayor Faram replied hopefully. Mr. Anderson stated he did not want to mislead the Council, but the reason this case was postponed was because there was some q~estion regarding if it was possible to limit the request to beer sales. Also, there was some question as to whether provisions can be made for the permit to be nontransferable to a subsequent owner and agreement on the applicant agreeing to the audit procedures that were specified in the ordinance just passed. Mr. Anderson stated the City Attorney had advised him, after consulting the State Law on the subject, there was no way the mixed beverage could be separated from beer. Under State Law, beer is considered a mixed drink when sold on premise. Mr. Anderson stated the ordinance would read mixed beverages, which meant that Big Tom's could sell mixed beverages. Councilman Mills asked if it would be possible for the Council, in addition to limiting the permit to Mr. Johnson, if the permit could be limited to the legal description of the property. Councilman Cato stated it was already limited by metes and bounds description in the ordinance. Councilman Freeman withdrew his motion. Councilman Wood withdrew his second. Councilman Freeman moved, seconded by Councilman Wood, the approve PZ 80-3, Ordinance No. 805 granting Mr. Thomas Johnson a Specific Use Permit to sell alcoholic beverages, with the stipulation that the ordinance be tied to Mr. Thomas Johnson, Big Tom's Bar-B-Q and nontransferable. Motion carried 6-1; Councilmen Cato, Freeman, Wood, Michener, Mills and Cavanaugh, voting for; Councilwoman Reeder voting against. 9. Councilman Wood moved, seconded by Councilman Michener, to approve PS 80-6. Councilman Cato asked if the 60 foot right-of-way was compatible with the widening of Davis Boulevard. City Engineer Albin stated he could not answer that question. Mr. Anderson stated the right-of-way amounted to 120 feet and was adequate. Motion to approve carried 7-0. 10. City Manager Tom Paul stated the policy would cost $5,588.00 and $5,200.00 had been budgeted. Councilman Michener moved, seconded by Councilman Cavanaugh, to increase the coverage to $2,000,00.00 at a cost of $7,823.00 with $2,500 deductible. Motion carried 7-0. 11. Mayor Faram stated this would be an ordinance approving the Mechanical Code for the City, not amending. The City did not have a Mechanical Code at the present time. Councilman Mills moved, seconded by Councilman Wood, to approve Ordinance No. 806, Mechanical Code for the City 'of North Richland Hills. Motion carried 7-0. 12. Councilman Cavanaugh moved, seconded by Councilman Mills, to approve payment to Walker Construction Company in the amount of $40,370.00. Councilman Cato asked if the figures on the cover sheet had been checked with Stan Gertz and the Finance Department. Mro Paul replied yes. Motion to approve carried 7-0. March 10, 1980 Page 4 PS 80-6, REQUEST OF LEE BONHAM & JACK ROSEBERRY FOR REPlAT OF LOT 2, BLOCK 19, CLEARVIEW ADDITION APPROVED CONSIDERATION AND APPROVAL OF PUBLIC OFFICIALS LIABILITY INSURANCE APPROVED CONSIDERATION AND APPROVAL OF AN ORDINANCE AMENDING THE MECHANICAL CODE FOR THE CITY OF NORTH RICHLAND HILLS APPROVED ORDINANCE NO. 806 CONSIDERATION AND APPROVAL OF PAYMENT TO WALKER CONSTRUCTIOI COMPANY IN THE AMOUNT OF $40,370.00 FOR CENTRAL FIRE STATION APPROVED Mayor Faram asked for a motion to move item 16a after item 12. loa. Councilman Cato moved, seconded by Councilwoman Reeder, to move item 16a to this point of the agenda. Motion carried 7-0. Mrs. Nancy Strauser, 7525 Circle Drive, appeared before the Council. Mrs. Strauser stated she was here to ask the Council to take into consideration the property, Tract lAl belonging to Donald E. Pentecost and Tract 2F belonging to Omar Harvey, W. H. l'!a 11 ace Survey that the City on its own motion send it to the Planning & Zoning Commission. Mrs. Strauser stated she would like for the Council to consider the fact that the property should be rezoned because of the inappropriate zoning that was done when it was first zoned. Mrs. Strauser stated that at this time there were no homes in the surrounding area and since that time both areas on the east and west had been developed into single family homes. Mrs. Strauser stated the fact that it was a flood plain, and the city had taken the case to court and won a legal battle proving the fact that the property was inappropriate for the plat that was proposed. Mayor Faram asked r1rs. Strauser if her request was for the Council to initiate zoning for those two parcels of property, to what type of zoning. Mrs. Strauser replied to rezone the property to IF-9-15 would be equivalent to the homes in the neighborhood. Councilman Cavanaugh asked if this request had been before the Planning & Zoning Commission. Mrs. Strauser stated no. The request had to go before the Council before it could go to Planning & Zoning. Councilman Cavanaugh asked Mrs. Strauser if she was asking the Council to initiate the zoning. Mrs. Strauser replied yes. Councilman Mills asked if the City Staff had researched this request enough to see if the Council had the authority to do this. Mrs. Strauser stated she had talked to the City Attorney and he told her that the City Council, on its own motion could send it to the Planning& Zoning Commission. -', ~1arch 10, 1980 Page 5 CONSIDERATION OF REQUEST FOR THE CITY TO REZONE PROPERTY Mayor Faram stated Councilman Michener had researched this request and he would ask Councilman Michener for legal advice at this time. Councilman Michener stated the City Council had the authority to pass zoning and to approve it. Councilman Michener stated there had been cases in the past where City Councils had tried to have what was called retroactive zoning, retroactive zoning could cause what is called financial set backs to property owners. Councilman Michener stated that if the Council could declare the residential arearetði1. only and that the residents were in nonconforming use would make all of them angry. Councilman Michener stated the Constitution of the State of Texas protects the citizens from the city going in and changing the zoning. Councilman Michener stated there had been cases where the City Council initiated the rezoning, there had been cases where they did not begin that initiation until the building permit was applied for and did not begin it until after the suit was filed. Councilman Michener stated he was not trying to forecast victory for the city necessarily in the event there was a lawsuit. Councilman Michener stated his recommendation to the Council would be to initiate the rezoning process. Councilman Cato asked Councilman Michener if his research indicated any possible basis for Council initiation of the rezoning. Councilman Michener stated the criteria was for the Council not to be arbitrary or capricious. The Council should consider the general welfare, the public welfare, health and safety of the people in the area. r:layor Faram asked if the property owner vIas present and di d he wish to speak. No one responded. Councilman Michener moved, seconded by Councilman Cavanaugh, to initiáte the rezoning on the su.bject'propertYdtó single family residential, IF-9-15 and the City Manager be instructed to so notify thE Planning & Zoning êommission änd the property owners' and to go through the. norma 1, procedures to have the'prbperty considered for t~zoning. Councilman Freeman asked if there was a lawsuit from the property owners who say they \lJere damaged, what kind of liability would there be on the Council's part. Councilman t1ichener stated the damage the property owners would suffer would be the difference in the value of the property as it is presently zoned as opposed to how it would be rezoned. ~larch 10,1980 Page 6 Councilman Cavanaugh asked the City Manager if the landowner was notified òf the meeting. Mr. Paul stated it was his understanding the landowner was notified. Mr. Anderson stated the landowner was not notified. Mayor Faram stated there needed to be an explanation as to why this item appeared on the agenda. Mayor Faram stated it came to his attention about 8:30 p.m. Friday night. It had been requested to be placed on the agenda and was left off the original. Mayor Faram stated he understood some of the Council members got this addition to the agenda as late as 1:30 a.m. Saturday morning. r~ayor Faram stated it \"as not hi s duty to make up the agenda, but felt that everyone had a right to petition his government. Mayor Faram stated he would at this time ask the City Manager to explain what had happened, number one, and number two, if the time constraint ingètttn~'the amended a~enda out was met so that action could be taken tonight. Mr. Paul stated he was out of town earlier in the week because of illness in the family when Mrs. Strauser brought the petition to city hall so she decided to wait until he got back to give it to him. Mr. Paul stated Mrs. Strauser gave him the petition and in the past in cities where he has worked before there had been a probTem with petitions on whether they were legal or not. Mr. Paul stated he did what he normally would do, go through a procedure of checking a few signatures off each page. Mr. Paul stated he wrote Mrs. Strauser a letter saying this would be done and it would not be on the agenda until it was checked. Mrs. Strauser called about 5:00 p.m. and asked that the petition be reinstated. Mr. Paul stated that at that time he felt he should not put it back on the agenda. Later on that night a number of the Council had asked that the petition be put on the agenda. Mr. Paul stated the Mayor contacted him and he went to city hall and put the procedures together, put a notice on the board, called the newspapers and also put a notice on Mrs. Strauser's door. Mr. Paul stated maybe it was bad judgement on his part for not puttinG it on the aaenda. but thought it was proper for him to check the signatures. Mayor Faram stâted to clear up any misunderstandings for the future, anyone who sends in a letter to appear before the Council has the right to do so. Mayor Faram stated this petition did not need to be checked for signatures or any validation thereof. ~1arch 10, 1980 Page 7 rJlarch 10, 1980 Page 8 Councilman Cato stated he would recommend, since there was some question as the legitimacy ôf the 72 hour notice, that this item be placed again on the next Council meeting agenda to be reaffirmed just to insure the legality of the action the Council was taking tonight. Motion to approve carried 7-0. ~1ayor Faram called a ten minute recess. RECESS Mayor Faram called the meeting back to order. The same Staff and Council members were present as recorded at the beginning of the meeting with the exception of Counci lman Cato. 13. Officer Ron McKinney appeared before the Council. CONSIDERATI0.N AND APPROVAL OF POLICE Officer McKinney stated the changes they were requesting DEPARTMENT on the current organizational chart was moving ORGANIZATION CHART the lieutenant position on the existing chart to the APPROVED patrol area and also request the Council's approval of creating four new slots of corporal as shown on the new organizational chart. Officer ~1cKinney stated the patrol division budget could absorb the extra four personnel without requesting additional funds. Officer McKinney stated there was about $8,000.00 surplus in the patrol division budget. Officer McKinney stated the most it would cost to create these new positions from now to the end of this budget year, depending on those that would get the promotion, based on their current salary, would be about $2,000.00. Officer McKinney stated it could be as low as $720.00. The corporal rank would be equivalent to a Police Officer III which was currently the detective rank. Officer McKinney stated he requested the payscale for the new corporal rank be equal to the detective rank. Councilman Cato now present. Mayor Faram asked if this request had gone before the Civil Service Commission. Officer McKinney replied yes. Mayor Faram asked what the Civil Service Commission's recommendation was. Officer McKinney stated the Commission recommended approval. Mayor Faram asked for the City Manager's recommendation. Mr. Paul stated he also recommended approval. Councilman Mills asked Mr. McKinney if when he was referring to additional spaces, he was talking about a change in organization structure, but not new people being brought on board. Officer McKinney replied that was correct. Councilman Mills asked if the additional cost he was referring to would be the pay raises that would be involved for the people being promoted. Officer McKinney stated that was correct. In a 12 month period there would be about six weeks out of the year when each shift would be without a sergeant and a senior patrol officer on duty would be the supervisor for that shift during the absence of the sergeant. Officer McKinney stated that during this time the salary of the police officer had to be adjusted to that of a sergeant. Councilman Cato stated Officer McKinney had mentioned changing the lieutenant from the existing structure over to what was sh~!n on the new chart. Councilman Cato stated he did not see any change. Officer McKinney stated the current organizational chart showed the lieutenant position as though the lieutenant was in the chain of command for both Services and the C.I.D. Division and in essence it had not been that way for about a year. Councilman Cato asked if the lll-A and 110-A positions had been approved by Civil Service and if that was the numbers assigned them. Officer McKinney replied yes. Councilman Cato asked if there would be a salary increase to go along with the promotions. Officer McKinney replied yes. The current salary scale for the police officer III-detective, which is the rank he wants to make the corporal is $1198.00 a month. The police officer II, which would be the ones eligible to take the promotional exam to corporal, of the police officer II's in the department, the pay scale now runs from $1,025.00 to $1,168.00. Officer McKinney stated there were currently two officers on an eligibility list for detective, those two would automatically get the promotion, if approved. > r,1arch 10,1980 Page 9 Councilman Cato asked if the Civil Service rule that stated any promotion must be accompanied by at least a 20% increase in salary had been applied. Officer McKinney stated he was not aware of the rule. Officer McKinney stated that when this request was brought before the Commission the request was for the salary scale of corporal be equal to the detective. Councilman Cato asked that his question be deferred until a Rule and Regulation Book could be checked. Councilman Wood asked if the job descriptions and job specifications had been written for corporal and had they been approved by the Civil Service Commission. Officer McKinney replied yes. Councilman Cato stated he could not find the Civil Service Rule pertaining to the salary increase and recommended that should this request pass tonight before any official action takes place the Civil Service Secretary be contacted to ascertain the minimum salary increase for a promotion. Councilman Mills moved, seconded by Councilwoman Reeder, to app~ove the Police Department Organizational Chart, salary to be established and approved at a later meeting of the Council. Motion carried 7-0. 14. Councilman Freeman moved, seconded by Councilman Mills, to approve the contract with North Texas Commission to be paid from the Hotel/Motel Tax and subject to the approval of the Industrial Committee. Councilman Cato asked the amount of the contract. Mayor Faram replied $2,000.00. Councilman Mills asked that the North Texas Representatives call the Industrial Committee for a meeting. Councilman Wood stated he would like to direct the Staff to make arrangements for a meeting between the Industrial Cûmmittee and North Texas Commission. Motion to approve carried 7-0. ) March 10, 1980 Page 10 CONSIDERATION AND APPROVAL OF CONTRACT BETWEEN CITY OF NORTH RICHLAND HILLS AND NORTH TEXAS CO~lrH SS I ON APPROVED Mr. Worth Blake, President of North Texas Commission, appeared before the Council. Mr. Blake stated he wanted to congratulate the citizens of North Richland Hills and the Council for their vision two years ago \'Ihen they joined the North Texas Commission and gave support along with 18 other cities in the Dallas/ Fort Worth area, in helping them create a sense of unity. . ~r. Blake stated now that the city had their own Industrial Board he looked forward to working with them. Mr. Blake stated there were 18 cities in the Dallas/Fort Worth area that were members of the North Texas Commission. The cities provide about 20% of the funding for the Commission and the rest was provided by private interprise. Mr. Blake presented the Council with a packet of information on North Texas Commission. 15. Councilman Cavanaugh moved, .seconded by C0uncilman Freeman, to approve Ordinance No. 807. Motion carried 7-0. 16. Mr. Paul stated he had talked to the Highway Department a number of months ago and found out the city could get a signal at Rufe Snow and Loop 820 and it was his understanding that the Highway Department would pay 100% of the cost. Mr. Paul stated that because Rufe Snow was going to be widened the city would go ahead and ask for the funds. It would be between six months and a year before the signals were put up. Mayor Faram asked if there would be no cost to the city. Mr. Paul stated there would be a little expense, but no cost for the lights themselves. Councilman Michener moved, seconded by Councilman Freeman, to approve Ordinance No. 808. ~1arch 10, 1980 Page 11 CONSIDERATTON AND APPROVAL OF FLOOD DAMAGE PREVENTION ORDINANCE APPROVED ORDINANCE NO. 807 CONSIDERATION AND APPROVAL OF þ,N ORDINANCE BETWEEN THE STATE OF TEXAS AND NORTH RICHLAND HILLS-HWY. TRAFFIC SIGNALS INTERSECTION OF I.H. 820 (FRONTAGE ROADS & RUFE SNOW DRIVE) APPROVED ORDINANCE NO. 808 March 10, 1980 Page 12 Mayor Faram asked why the city was having such a problem negotiating for other signal lights on State controlled ri ght-of-\1lay. Mr. Paul stated it was his understanding that on freeways and main highways it made a difference on what fund it was coming out of. Mr. Paul stated the fund the other lights came out of had more requirements for the cities and the fund the light at Rufe SnO\'I was coming from did not have these requirements. Mayor Faram asked if the light on Highway 121 at the major shopping center came from a different fund. Mr. Paul stated yes, that was his understanding. Councilman Michener stated he was asked why the city could not get a light at Holiday Lane and Loop 820. Councilman Michener asked if the city would have to go through the State to get the light or could the city initiate it. Mayor Faram stated the light would have to be warranted and it certainly needed to be done. Mayor Faram stated he would suggest that it be looked into. Counei lmall t1ichener asked the City Manager to peruse this matter. Councilman Mills asked if when they drew up the plans to place these lights if they were in accordance with the masterplan for Rufe Snow. Councilman Cato stated according to the letter from the State in addition to approving this ordinance, the Council was being asked to approve plan tracings of a solid state full traffic safety activated signal. Councilman Cato stated that with the city's plans to widen Rufe Snow and go to right and left hand turn lanes, did the tracings comply with what would be needed when Rufe Snow was widened. Mr. Anderson replied the plans would comply with the requirement. Motion to approve carried 7-0. 17. Mayor Faram adjourned the meeting of March 10, 1980. ADJOURNMENT . '1 /~¿/t----~Ut~, ~Ýor' Di ck Faram ATTEST: (J£!~~ cnr/~ ~retary Jéannette M~ore