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HomeMy WebLinkAboutCC 1980-04-14 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, APRIL 14, 1980 - 7:00 P.M. 1. Mayor Faram called the meeting to order April 14, 1980, at 7:00 p.m. 2. Present: Dick Faram Denver Mills Jim Wood John Michener Jim Cato Dave Freeman Lena Mae Reeder STAFF: Tom Paul Jeanette Moore Rex McEntire Richard Albin Margie Nash Jo Ann Wi 11 i ams ABSENT: Sid Cavanaugh CALL TO ORDER Mayor ROLL CALL Councilmen Councilwoman City Manager City Secretary City Attorney City Engineer Planning & Zoning Member Board of Adjustment Member Councilman 3. The invocation was given by Mayor Faram's son, Dee Faram. 4. Councilman Michener moved, seconded by Councilman Cato, to approve the minutes of March 24, 1980. Motion carried 6-0. INVOCATION APPROVAL OF MINUTES 3-24-80 MEETING APPROVED 5. Councilman Michener moved, seconded by Councilman Freeman, to approve the minutes of the April 3, 1980, special meeting. APPROVAL OF MINUTES 4-3-80 MEETING APPROVED AS CORRECTED Councilwoman Reeder stated the time the meeting was called to order was wrong. It should state 7:50 p.m., instead of 7:30 p.m. Motion to approve as corrected carried 3-0; Councilmen Cato and Mills and Councilwoman Reeder abstaining due to absence from the meeting. 6. Councilman Michener moved, seconded by Councilman Wood, to approve Resolution No. 80-12. ~~tiJn carried 6-0. 7. City Attorney McEntire administered the following Oath of Office to Jim Kenna, Sharyl Groves, Jim Wood, Wiley Thomas, Bob Brady, Dave Freeman and Dick Faram: OATH OF OFFICE I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of (City Councilman/Councilwoman or Mayor) of the City of North Richland ~ills, 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 any public office or employment as a reward for the giving or withholding a VQte at the election at which I was elected. So help me God. Council Persons now present: Dick Faram Jim Kenna Jim Wood John Michener Wiley Thomas Dave Freeman Bob Brady . Sharyl Groves Mayor Councilmen Councilwoman APRIL 14. 1980 PAGE 2 CONSIDERATION AND APPROVAL OF RESOLUTION CANVASSING VOTES OF APRIL 5, 1980 ELECTION ELECTING MAYOR AND PLACES 1, 2, 3, 4, 5, 6, 7 APPROVED RESOLTUION NO. 80-12 SWEARING IN AND SEATING OF NEW COUNCIL PERSONS (OATH OF OFFICE) Mr. Mills stated he chose not to seek re-election and viOuld like to thank the citizens for their patience during :.is term of office as Councilman. Mr. Mills thanked the city staff and Council for their support. fLlYGr Faram presented the following plaques: [·enver Mills for service as a Councilman from t.pri 1, 1976-80. Lena Mae Reeder for service as a Countilwoman from {'.pri 1, 1978-80. Jim Cato for service as a Councilman from 1966-76, Mayor Pro Tem from 1976-80. 8. Councilman Michener moved, seconded by Councilman Thomas, to nominate Councilman Freeman as Mayor Pro Tern. Councilman Kenna moved, seconded by Councilman Freeman, ~1 nominate Councilman Wood as Mayor Pro Tern. ~ ~ecret ballot was taken and Councilman Freeman was tl¿ctad Mayor Pro Tem. 9. Mayor Faram read the following proclamation: WHEREAS, Article V, Section 8 of the Charter of of the City of North Richland Hills provides ~hat when an election results in a candidate not receiving a majority of votes, it is the duty of the Mayor to order a s=cond election for the office or offices in which candidates did not receive a majority of votes, and WHEREAS, in the regular municipal election of the City of Nc~th Richland Hills on Saturday, April 5, 1980, no candidate received a majority of votes in the race for the ;ollowing office: City Council Place 4 NOW, THEREFORE, BE IT PROCLAIMED, that a run-off City ~Jection be called for the election of Councilman Place '4 as provided by said Charter and as prescribed by the Laws of the :t.1tc of Texas; ~ection 1. That said run-off election be held on the 10th day of May, 1980, A.D., between the hours of seven o'clock a.m. and seven o'clock p.m. APRIL 14, 1980 PAGE 3 ELECTION OF MAYOR PRO TEM PROCLAMATION CALLING A RUN-OFF ELECTION APRIL 14, 1980 PAGE 4 Section 2. That said run-off election will be held at the following place for the eleven (11) precincts in said city: City Hall Section 3. That the following named persons shall serve as Judge and Alternate Judge at':the respective voting place: City Hall - Mrs. Ann Smith Warren Connley If the regularly appointed presiding Judge is unable to serve at the election, the alternate presiding Judge therefore shall serve as presiding Judge. Such election Judges shall choose such other clection officers as the Judges may deem proper. Section 4. a. Absentee voting by personal appearance shall commence cn April 25, 1980 at 8:00 a.m., and shall continue through :1~y 6, 1980 at 5:00 p.m. Such absentee voting shall take place ;;1 the office of the City Secretary in the City Hall during regular '::usiness hours by paper ballot. b. Absentee vóting by mail shall commence on April 25, 1980. Ih: marked ballot must be mailed to the City Secretary in an envelope postmarked not later than midnight May-6, 1980 and must be received in the Secretary's offfice before 1:00 p.m., on Saturday, May 10, 1980. Section 5. All qualified voters residing within the corporate limits of the City of North Richland Hills, County úf Tarrant, Texas, shall be entitled to vote at said election. Section 6. The election shall be conducted pursuant to the election laws of the State of Texas. The City Secretary is directed to procure paper ballots, for the run-off election on May 10, 1980, and paper ballots are hereby adopted as the method of voting at the- clection. Section 7. The City Secretary is hereby directed to post ;n -~he City Secretary's office and to publish in the official ~~Ì'!spJp~r of the City, noti ce of such run-off el ecti on, at Jp2St twenty (20) days prior to the date thereof. Proclaimed and signed by the Mayor of North Richland Hills this 14th day of April, 1980. Mayor - Dick Faram 9a. Mayor Faram advised the Council that he learned shortly before the meeting the ballots for the run-off election had to be certified. Mayor Faram asked for a motion to add this emergency item to the agenda. Councilman Wood moved, seconded by Councilman Michener, to add certi fyi ng the- ba 11 ots to the agenda. Motion carried 7-0. riayor Faram asked Councilman Brady and Councilman ïhomas to vertify the ballots. Councilman Brady 'verified the ballots were correct. Councilman Brady moved, seconded by Councilman Michener, to approve Resolution No. 80-13. Motion carried 7-0. ~~ayor as ked the new Counci 1 Members to introduce their immediate family members. r-1ayor Faram called a fifteen minute recess. Mayor Faram called the meeting back to order. The same Council Members and Staff were present as recorded after"the swearing of the new -Council. . ., '. \J . Mayor Faram opened the Public Hearing on PZ 80-8 and called for anyone wishing to speak in favor of this request to please come forward. Mr. John Hay appeared before the Council. Mr. Hay stated the way this request was listed was a little misleading. Mr. Hay stated he needed this zoning change so he could store trucks, tractors and trailers while making repairs. Mr. Hay stated once in a while one of the items might be for sale. Mr. Hay stated he did not intend to open a sales lot. Councilman Freeman asked Mr. Hay to describe the building he planned on erecting. tk. Hay stated it would be a metal building, about 80 feet long with 16 foot walls, 40 feet wide, overhead ¿oors and one walk thru door. He also planned on installing a cyclone fence around the lot. Councilman Wood asked Mr. Hay if this request was granted, would he be agreeable to having the zoning granted to him and not the property. APRIL 14, 1980 PAGE 5 ITEM ADDED CERTIFYING BALLOTS RESOLUTION NO. 80-13 APPROVED RECESS BACK TO ORDER PLANNING & ZONING - PUBLIC HEARING - PZ 80-8, REQUEST OF JOHN D. HAY TO REZONE LOT 22, BLOCK J, SMITHFIELD ADDITION FROM 1F-9 ONE FAMILY DWELLING TO A PROPOSED CLASSIFICATION OF COMMERCIAL-SPECIFIC USE-SALE OF USED AUTOS, TRUCKS AND TRAILERS WITH ADJACENT REPAIRS Mr. Hay stated he would have no objections. rouncilman Wood asked Mr. Hay if he realized that if he sold the property the next individual would have to work out the zoning to operate the business. t1r. Hay stated yes, but the commercial zoning would stand, the used trucks and repair would not. Mayor Faram stated as he understood it, the commercial zoning would not stand if the proper~ sold. City Attorney McEntire stated this would be an individual Specific Use zoning. Mayor Faram stated the property was now zoned 1F-9 and if re-zoned and sold would revert back"to 1F-9.Mayor Faram asked Mr. Hay if he was advised the property would stay commercial if sold. Mr. Hay stated the Public Works Director had advised him the commercial zoning would stay. Mayor Faram asked the City Attorney if the property v'ou 1 d revert back to IF -9 if it ever changed ownersh ips. Hr. McEntire stated it would revert back to IF-9. Mayor Faram asked Mr. Hay if he would be agreeable to putting up a screening fence. Mr. Hay stated he would be agreeable to installing a ~ite barring fence, but most of the vehicles would be stored inside, the building. Councilman Wood stated he had noticed the staff had asked if certain restrictions might be placed on the Specific Use zoning, such as a time limit on the Specific Use, nùmber of vehicles en the lot, a control on public advertising and the type of v~hicles on the lot. Councilman Wood stated he realized these restrictions would leave a lot to be answered to, but apparently the staff felt the Council might consider these restrictions. r~r. Hay stated there would be no signs on the property. (,nlfncilman Wood asked Mr. Hay if he knew how many vehiçles Inight be outside the building. r.1r. Hay stated he thought there would be plenty of room to put the vehicles inside the building. APRIL 14, 1980 PAGE 6 Councilman Wood asked Mr. Hay if he would object to' a time limit being placed on the Specific Use zoning. t1r. Hay stated he had no objections. ~IJyor Faram called for anyone wishing to speak in upposition of this request. fherc being no one to speak in opposition, Mayor Faram closed the Public Hearing. 11. Councilman Wood moved, seconded by Councilman Freeman, ~o approve Ordinance No. 811, with the stipulations that a time limit of ten years from the date of passage be placed on the Specific Use zoning; a site barring fence be installed prior to operation and the Specific Use zoning be issued in Mr. Hay's name. Councilman Michener asked Councilman Wood what his thoughts were on the ten year limit as opposed to an open end time limit or until the ownership changed. Councilman Wood stated he felt there was a 'possibility that in ten years this would not be a proper zoning. r:cti::>n to approve carried 6-1; Councilmen Kenna, Wood, -Prady, Thomas and Freeman and Councilwoman Groves voting (or; Councilman Michener voting against. 12. Mayor Faram opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. There was on one present to represent this request. Mayor Faram asked if the party was notified of the meeting. Mr. Paul stated they were notified. Councilman Michener moved, seconded by Councilman Wood, ,:0 postpone this item and item #13. Hotion carried 7-0. 13. This item postponed. 14. Councilman Michener moved, seconded by Councilman Wood~ to postpone PS 80-11. Motion carried 7-0. APRIL 14, 1980 PAGE 7 CONSIDERATION AND APPROVAL OF ORDINANCE FOR PZ 80-8 APPROVED ORDINANCE NO. 811 PLANNING & ZONING - PUBLIC HEARING - PZ 80-10 - REQUEST OF W. F. POLSTER TO REZONE LOT lR, BLOCK 2~ a. M. ESTES SUBDIVISION FROM LOCAL RETAIL TO A PROPOSED CLASSIFICATION OF COMMERCIAL POSTPONED CONSIDERATION AND APPROVAL OF ORDINANCE FOR PZ 80-10 POSTPONED PLANNING & ZONING PS 80-11 - REQUEST OF W. F. POLSTER FOR REPLAT OF LOT 1R, BLOCK 2, J. M. ESTES SUBDIVISION POSTPONED 15. Mayor Faram stated the Planning and Zoning Commission had recommended approval of this request subject to the engineer's comments. Councilman Micener moved, seconded by Councilman Brady, to approve PS 80-8 subject to the engineers' letter. Councilman Wood asked if the engineers' comments had been complied with. Mr. Paul stated all comments had been complied with. Motion carried 7-0. 16. Mayor Faram stated the Planning and Zoning Commission had recommended approval subject to the engineer's comments. Mayor Faram asked Mr. Paul if all comments had been complied with. Mr. Paul replied yes. Councilman Michener moved, seconded by Councilman Kenna, to approve PS 80-10. Councilman Wood stated there was some correspondence pertaining to construction over the ARCO line and no correspondence from the petroleum company. Councilman Michener amended his motion, seconded by Councilman Kenna, to approve PS 80-10 subject to a letter from the petroleum company. Amended motion carried 7-0. 17. Mayor Faram stated the Planning and Zoning Commission had recommended approval subject to the owner providing easements. Councilman Freeman moved, seconded by Councilman Brady, to approve PS 80-12 subject to owner providing easements. Motion carried 7-0. 18. Mayor Faram asked if there was someone present to represent this request. Mr. Paul stated he had been asked to present this request because it was a standard item. Mr. Paul stated he thought the Council had to grant the hearing. APRI L 14, 1980 PAGE 8 PLANNING & ZONING - PS 80-8, REQUEST OF BRYAN ANDERSON FOR FINAL PLAT OF LOTS 1, 2 & 3, BLOCK 2, COCHRAN ADDITION APPROVED PLANNING & ZONING PS 80-10, REQUEST OF EPOCH PROPERTIES FOR FINAL PLAT OF UNIVERSITY PLAZA, 3RD FILING APPROVED PLANNING & ZONING PS 80-12 REQUEST OF WI LLIAt~ C. GUMFORY (QUICKWAY) FOR REPLAT OF LOT 2R, BLOCK 1, SMITHFIELD ADDITION APPROVED PLANNING & ZONING PS 80-7 CONSIDER- ATION & APPROVAL OF APPEAL HEARING APPROVED APRIL 14, 1980 PAGE 9 Mayor Faram stated he considered Mr. Paul's point, but saw no correspondence that requested è.n appeal hearing and he felt it was incumbent upon someone to make the appeal either by letter 1:^ in person. Ilayor Faram stated that in the future he wanted correspondence requesting the hearing. tiLlyor Faram stated that on the recommendation of the Sity Attorney he recommended the Council grant the ~rreal and set a date. Councilman Wood moved, seconded by Councilman Kenna, to grant an appeal hearing for PZ 80-7, Mr. Weldon Ward for May 12, 1980. Motion carried 7-0. I~ Mr. Paul advised the Council that Chief Gertz had a presentation to make to the Council to give them an ldc3 for the reasons these people were needed. ~r. Paul stated this was not something that had çome about suddenly,-bùt a five year plan the c:1ief had put together in 1978 showed additional ~ersonnel would be needed. Mr. Paul stated he ~0ncurred with Chief Gertz. CONS IDERA TI ON & APPROVAL OF ADDITIONAL MANPOWER ( 4 men) CENTRAL FIRE STATION APPROVED ...;;Ïi;;f Gertz appeared before the Council. Chi ef Gertz stated that at last years budget worksession three positions in the Fire Department were abolished 'ccJuse the new Fire Station was delayed in beginning construction. Chief Gertz stated constrùction on the new station was running approximately 30 days dhead of projected finish time, of July. Chief Gertz ~ta:ed that at the budget session he was instructed 'J :ome back before the Council and present his rllans. Chief Gertz stated he was authorized 29 men i'l~he fi,refighting division. Firefighting division nsists of personnel that rode fire trucks and ":ld;'Jlllances. Chief Gertz stated at Station #1 there \'Jcre two men, Station #2 four men, the same on ;~ -:hift, the same on C shift, with the excepti on ( five men at Station #2. Chief Gertz stated , -': \lOul d be necessary for him and the AssiStant F~~-! S~ief to begin riding fire apparatus. . ¡cf Gertz explained vacation time, holidays and 5, ~ time for the firefighters. Chief Gertz stated he needed a total of 27 personnel to man the three stations and the ambulance. APRIL 14, 1980 PAGE 10 Councilman Freeman stated 29 personnel were authorized and only 21 on staff. Councilman Freeman asked what the problem was. Chief Gertz stated the problem was they had to cut back because of financial problems through the years. Mayor Faram stated he had a real serious problem in authorizing new personnel even though he understood the shortage, because of the fact that the s~lartes were ridiculously low. Mayor Faram stated he thought the trouble the city was having keeping up to full strength was because of the salaries. Mayor Faram stated he had taken the liberty of asking the Civil Serivce Commission to take immediate re-evaluation of salaries. Mayor Faram asked Chief Gertz what pay a person took home with a starting salary of $880.00 a month. Chief Gertz replied between $250.00 and $300.00 every two weeks. Mayor Faram stated it seemed to him the city was training people and when they were trained, the city was not competitive in the market and were losing them. Mayor Faram stated he had rather see the department operate shorthanded, pay a decent salary and keep them instead of enlarging the staff. Councilman Freeman asked how much lower North Richland Hills salary range was than the other cities. Chief Gertz stated Hurst starting salary ,was $1,150.00, North Richland Hills $880.00 per month. Haltom City starting salary $950.00. _. - Councilman Kenna asked what the average lenqth of time the men stayed with North Richland Hills. Chief Gertz replied approximately one year. Councilman Brady asked Chief Gertz if he would perfer higher salaries for the people presently on board or more personnel. Chief Gertz replied both, he had a problem and came to the Council in hopes an agreement could be worked out. Chief Gertz stated he needed the personnel and the salaries needed to be changed. Councilman Brady asked Chief Gertz if four people were hired at $880.00 a month, would he lose people who are already on board. Chief Gertz replied there was a strong possibility some people would leave. Councilman Brady asked Mr. Paul if higher salaries were approved for existing personnel or additional personnel were hired, where would the funds come from. Mr. Paul stated the only place the funds could come from was General Fund Reserve Contingencies, which was approximately $32,000.00 and the city was a little ahead on sales tax. Councilman Freeman asked Mr. Paul to put a dollar amount on the sales tax. Mr. Paul stated there were two more quarters and the city was about $192,000.00 reaching what was projected for the end of the year, but at this time was about $100,000.00 ahead. Councilman Freeman asked"if the city was fa1ling behind or ahead in the operating budget. Mr. Paul stated that looking at the budget right now most of the departments were inside their total budgets. Mayor Faram asked Chief Gertz what the latest date he could get this request approved and still comply with the training requirements. Chief Gertz replied Thursday of this week. Beginning next Monday he started a basic certification cQurse for firefighter and it took six to eight weeks just to complete the course. It took another week 'óf training ECA for personnel to be eligible to ride the ambulance. Mayor Faram asked Chief Gertz if he could delay this request until the next Council meeting and if approved have an accelerated training session. Mayor Faram stated his reason for this was because the city was operating on such a low surplus. Chief Gertz replied yes, it could be done. Counci lman \10od asked if there \·¡as any feasibil ity to possibly delay the opening of the new station. APRIL 14, 1980 PAGE 11 Chief Gertz stated it could be done. Councilman Wood asked what the overall affect it would have if the station was delayed. Chief Gertz stated the problem they were having with traffic the apparatus moving from District #2 to District #1 is taking two to four minutes longer to get into the area. Chief Gertz stated most of the calls came from the area of where Station #3 was to be. Councilman Freeman asked if it would be more feasible to open the new station on a limited basis and close one of the other stations. Chief Gertz stated what would hurt the deoartment was the far north end of the city where fire hydrants were few and far between. Chief Gertz stated that if a truck did not arrive on the scene within the first five minutes, then there was a problem. Councilman Kenna stated he was sympatheti c with the Fire Chief's problem but thought the Council should \':ait bolO weeks to possibly find whatever assets weré available. ' Councilman Michener stated that at the budget session the Council was aware that this problem was going to come up and the Council asked Chief Gertz to come back to the Council just before the new station opened to be able to get the men trained. Councilman Michener stated the City Manager had endorsed the recommendation. The city finances, budget, and the in-flow, out-flow was on a tight basis. Councilman Michener stated it was his suggestion, if this request was postponed while the Council tried to ffnd the funds"tbey would not be prudent to their responsibility to the city. Councilman Michener stated the fire protection was needed and the fire station manned. Councilman Michener stated that if the city had problems and there had been problems in the past, the problems could be dealt with at the dme they arise. Co.uncilman ~1ichener stated he felt the Council should approve Chief Gertz's request and tÍleil some contingency plans developed! . Preparation of the plans by the City Manager shoulc be presented to the Council ~~ the Council would knew what could be done if a problem arose, but not avoid action because they were afraid there might be a problem. APRIL 14, 1980 PAGE 12 Councilman Michener moved, seconded by Councilman Wood, to approve Chief Gertz's request. Motion carried 5-2; Councilmen Wood, Michener, Thomas, Brady and Councilwoman Groves voting for; Councilmen Freeman and Kenna voting against. 20. Mayor Faram adjourned the meeting of April 14, 1980 at 8:57. ~,. /)\à~~ Ditk aram - Mayor ATTEST: APRIL 14, 1980 PAGE 13 ADJOURNMENT