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HomeMy WebLinkAboutCC 1979-03-12 Minutes _J'.J' 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 12, 1979 - 7:30 P.M. 1. Mayor Faram called the meeting to order March 12, 1979, at 7:30 p.m. CALL TO ORDER 2. Present: Dick Faram Denver Mi 11 s Jim t~ood John Michener Sidney Cavanaugh Dave Freeman Jim Cato Lena Mae Reeder Mayor ROLL CALL Councilmen Councilwoman Thomas Paul Jeanette ~1oore Rex r'1cEnti re Allen Bronstad Dick Perkins Tim Moore Forrest Grubb City Manager City Secretary City Attorney Director Utilities City Engineer Civil Service Commissioner Planning and Zoning Commissioner 3. The invocation was given by Councilman Michener. 4. Councilwoman Reeder moved, seconded by Councilman Wood, to approve the minutes of the regular meeting of February 26, 1979, Council meeting. Motion carried 7-0. INVOCATION CONSIDERATION OF ~lINUTES OF THE FEBRUARY 26, 1979, REGULAR CITY COUNCIL MEETING - APPROVED Councilman Michener moved, seconded by Councilman Mills, to depart from the agenda and reconsider PZ 79-1. Councilman Catoasked to be refreshed on this case. RECONSIDER PZ 79-1 Mayor Faram stated this property was located on Rufe Snow adjacent to Meadow Lake. There had been some discussion between the homeowners and the developer and perhaps a change of decision but a possible delay in meeting with the homeowners. Mayor Faram stated if the Council would allow him he would depart from the Rules and wo.uld.ask ~1r. Massey to speak from a developers point of view and Mr. McCracken speak on behalf of the homeowners. Mr. Marion Massey appeared before the Council. Mr. Massey stated they were laboring under some economic necessity and were tryingn.esperately to get matters worked out to 'satisfy not only the Council but the homeowners as well. Mr. Massey stated that since the meeting of February 26,1979, he understood there had been an attitude of reconsideration as to whether or not the developers plans and request were reasonable and something that would be compatible with the existing people that were in opposition to this request. March 12, 1979 Page 2 Mr. Massey stated that due to the short period of time and the numerous members of the Homeowners Association, they have been unable to get their group together. The Homeowners Association has a meeting scheduled for Tuesday night and hopefully they can get the group together and find if they truly do have a consensus that would be in conformity with the plan the developers had submitted. Mr. Massey asked the Council to please reconsider this request at this point to the extent that it can be tabled and give the people an opportunity to meet so the developers would not have to go back to the Planning and Zoning Commission. Mr. Massey stated he failed to see if it would be a hardship on anyone. Mr. r'lassey stated r4r. McCracken and Mr. Symth of the Homeowners Association were present and could verify that he was speaking factually and the ·Homeowners simplY had not had an opportunity to get their people together and it was impossible for the homeowners to get together before the meeting tonight. Mr. Massey stated he understood that if the motion to reconsider was not put on the tabJe tonight it could not be reconsidered. Mr. Massey asked the Council to give the developers two more weeks to see if this matter could be worked out. Councilman Cato asked that now that the motion had been made to reconsider, could the motion be postponed until the next Council meeting. City Attorney McEntire stated the motion could be tabled and as long as someone who voted with the majority made the motion, anyone could second the motion. Mayor Faram stated to reconsider this request it would take an unanimous vote of the Council. Councilman Michener stated the Council could not hear this request tonight, so he would amend his motion to state reconsider PZ 79-1 at the next Council meeting. Councilman Cato stated he understood that the Council could table the motion to reconsider and that would preserve it for two weeks. Mayor Faram stated the main thing was to get the matter worked out for the people and keep it from going back to the Planning and Zoning Commission, whatever the Council can do legally and correct. i Councilman Cato moved, seconded by Councilman Wood, to postpone the motion to reconsider until the next Council meeting, March 26, 1979. Motion to reconsider carried 6-1; Councilmen Cato, Mills, Michener, Cavanaugh, Wood and Councilwoman Reeder voting for; Councilman Freeman voting against. Mr. Jim McCracken appeared before the Council. Mr. McCracken stated he wanted to go on record that at this time there had been no reconsideration by the Homeowners Association. Their intent to get together for a meeting one more time is to expose the homeowners to what has happened as of the last Council meeting. It will be the homeowners decision as to whether or not they would be considering getting involved ina reconsideration.' . Councilman Cato stated the action taken by the Council tonight was to postpone as to deciding whether to reconsider until the next meeting. 5. Mayor Faram stated the Planning and Zoning Commission recommended approval of this request, subject to the Engineers letter. The Staff suggests not to require pro rata on the water and sewer. Councilman Michener moved, seconded by Councilwoman Reeder, to approve PS 79-5, subject to the Engineers letter of February 16, 1979, with the exception of waiving the pro rata for water and sewer. Councilman Mills asked what the basis for waiving the pro rata was. Hr. Bronstad stated at the present time they are already tied on to the water and sewer. Councilman Mills stated that according to the map this property was in the flood pl~in. Dick Perkins stated according to the plat this property was not in the flood plain. The property adjacent to this property has concurred and he will be responsible for building a channel if and when ne develops the property. Motion to approve carried 7-0. r·1arch 12, 1979 Page 3 PS 79-5, REQUEST OF JUANITA ANGLIN FOR FINAL PLAT OF LOT 1 BLOCK 1, t~. L. ANGLIN ADDITION APPROVED 6. Mayor Faram stated the Planning and Zoning Commission recommended approval of this request. Councilman Wood moved, seconded by Councilman Michener, to approve PS 79-14 as presented. Motion carried 7-0. 7. Mayor Faram stated the Planning and Zoning Commission recommended approval of this request. Councilman Mills moved, seconded by Councilman Wood, to approve PS 79-16 as presented. t1r. Gary Teague, Consulti ng Engi neer, appeared before the Council. Mr. Tea~uè stated he would like to make mention of two items in the City Engineer's letter. One was the recommendation, which no one has taken action on, and that was the recommendation to waiver the pro rata for water and sewer. Mr. Teague asked that the Council support the recommendation. Mr. Teague stated the second item was the recommendation from .the City Engineer, which they had taken action on, was where the Engineer suggested they get with the Fire Chief and discuss the fire coverage situation. As it turns out the property does not fit the fire coverage requirements. However, the available water lines make it difficult to install additional fire hydrants without also installing new water lines. Mr. Teague stated he got together with Chief Gertz. Mr. Teague stated the Council had a letter he had sent to the city advising them of the conversation he had with Mr. Gertz. Mr. Teague stated Mr. Gertz had looked at his map and equipment he has available and he came to the conclusion that he would not have any difficulty providing fire coverage for these two schools. Mr. Teague stated based on Mr. Gertz's comments and based on the small water lines he requested the Council waive the requirement for any additional fire hydrants at the present time. Councilman Cato asked Mr. Teague if he had corrected the defection in the 15 foot drainage easement versus the 40 foot easement. Mr. Teague stated the 40 foot easement was reflected on the final plat. Councilman Cato ~dvised Mr. Teague that the Council did not have a letter from the Fire Department that addressed the fire hydrant. Councilman Mills amended his motion, seconded by Councilman Wood, to approve PS 79-16 subject to contact with the Fire Chief and to assure he was satifled with the way the plan was prepared. " t1arch 12, 1979 Page 4 PS 79-14, REQUEST OF THE CITY OF NORTH RICHLAND HILLS, FOR REPLAT OF LOT 4R, LONSDALE ADDITION APPROVED PS 79-16, REQUEST OF BIRDVILLE INDEPENDEr SCHOOL DISTRICT FOR FINAL PLAT OF BLOCK 25 AND 26, SNOW HEIGHTS ADDITION APPROVED r~arch 12, 1YIY Page 5 Councilman Wood stated he would ask for confirmation in writing from the Fire Chief. Amended motion carried 7-0. 8. Mayor Faram stated the Planning and Zoning Commission recommended approval of this request. Councilman Michener moved, seconded by Councilman Wood, to approve PS 79-17 as filed. PS 79-17, REQUEST OF RALPH E. NORTON FOR REPLAT OF LOT 16R AND 17R, SMITHFIELD ADDITION APPROVED Motion carried 7-0. 9. Mayor Faram stated the Planning and Zoning Commission recommended approval of this request subject to the City Engineer's letter. Mr. Walker agrees to a covenant for street improvements and water line on Flory Street. ~1ayor Faram stated that Mr. Ernest-Hedgcoth WëlS present to represent this case if the Council needed to ask any questions. PS 79-19, REQUEST 0 WALKER CONSTRUCTIOr COMPANY, FOR FINAL PLAT OF LOTS 2 AND 3 BRYON PLAZA ADDITION APPROVED Councilman Wood asked if Mr. Walker agreed to signing a covenant. Mr. Hedgcoth stated Mr. Walker was willing to sign a covenant. Councilman Cato asked if Mr. Walker was willing to sign a covenant for the street and water line. Mr. Hedgcoth replied yes, when the work was completed Mr. Walker would pay his pro rata at that time. City Engineer Perkins stated he had sent a letter to the Council pertaining to this item since February 6, 1979. Mr. Perkins stated he could not recommend approval of this request because there were other problems. Mr. Hedgcoth stated he was aware of Mr. Perkins letter and no complaints. Mr. Walker would be glad to construct the manholes as stated and the service lines to the lots as needed. Mayor Faram read the following comments from the letter of the City Engineer dated March 7, 1979. 1. The sewer service line information is incomplete on these plans. A manhole should be constructed at the end of the existing line, 611 line constructed northerly to the southwest corner of Lot 3, another manhole constructed, and then service lines constructed to each lot. Plans showing line and grade for this 6" line should be included. March 12, 1979 Page 6 2. We would remind you of our pro-rata suggestion for street improvements on Flory and Linma in our letter of February 6, 1979. 3. We would remind you of our comment #4 in the same letter concerning water pro-rata and future construction of a water line in this area. Mayor Faram asked Mr. Hedgcoth if there was anything in the Engineer's letter of March 7, 1979, that he took exception too. Mr. Hedgcoth stated the only exception he had would be that they ask the Council to waive pro-rata, they would pay their pro-rata at the time the work was done. Mayor Faram asked if he would be willing to sign a covenant. Mr. Hedgcoth replied he would be willing to sign a covenant. After further discussion, Councilman Wood withdrew his motion. Councilman Cato moved, seconded by Councilman Mills, to approve PS 79-19 contingent on th~ Ertgineer's letter of Ma~ch 7, 1979 and the stipulation a covenant be accepted for Flory Street improvements and water line pro-rata. Motion carried 7-0. 10. Mayor Faram stated the Planning and Zoning Commission recommended approval of this request subject to the Engineers comments. Councilman Cavanaugh moved, seconded by Councilman Cato, to approve PS 79-21, subject to the Engineers letter, with the exception of the water and sewer pro-rata share on lot 1 be waived and when construction begins pay pro-rata on lot 2. Motion carried 7-0. 11. Mr. Eric Johnston, 7100 Bursey Road, appeared before the Council. Mr. Johnson stated the property in question was located between Douglas lane and Rufe Snow on Bursey Road. Mr. Johnson stated there was city service at 7100 Bursey Road at the present time. Mr. Johnson stated he was advised by the City Manager he would have to ask the City Council for water service. Mayor Faram asked if this. area was unincorporated. Mr. Johnson replied it was in an unincorporated area. Councilman Cato stated that he did not think there was any County area left since the Court set the corporative division between Keller and North Richland Hills. i. PS 79-21, REQUEST OF JANI S ,L\ND DANNY CAMPBELL FOR FINAL PLAT OF LOTS 1 AND 2 BLOCK 2, POWELL SUBDIVISION, 2nd FILING APPROVED CITIZENS REQUEST, ERIC JOHNSON REQUESTING WATER SERVICE IN TARRANT COUNTY POSTPONED Mayor Faram stated there were more residents in the area that is unincorporated. Councilman Cato stated the determination was that if it is unincorporated the City could not agree to furnish water service. If the area is not unincörporated the cïty has to have Keller's permission to serve the water. City Engineer Perkins stated that PUC had designated that area as a North Richland Hills service area. City Attorney McEntire stated North Richland Hills would have the other cities permission to serve the area. Mayor Faram asked Mr. Johnson how long he had lived there. Mr. Johnson replied two years. Mayor Faram stated that when this area came up for consideration for annexation there were some objections to being annexed. Mayor Faram aske if that feeling still prevailed. Mr. Johnson stated he could not answer for the others, but he had no objections to being annexed by North Richland Hills. Councilman Wood moved, seconded by Councilman Cavanaugh, to postpone this request until the City Manager could meet with the residents in this area. Motion carried 7-0. Mary Jo Shaunty, Planning and Zoning Commission, Jo Ann Williams, Board of Adjustment, and Mr. Bill Betts, Civil Service Commission, now present at the meeting. 12. Mayor Faram advised the Council this was a Council appointment by authority of Ordinance No. 316. Mayor Faram stated these appointments should be for a three year term. After discussion, Mayor Faram instructed the City Secretary to bring the expration date of all the Boards and Commissions up to date. Councilman Cato moved, seconded by Councilman Mills, to appoint Mrs. Pat D. Johnson and Hazel Lowerance to the Parks and Recreation Board, term to expire May 1, 1982. Motion carried 7-0. 13. Mayor Faram advised the Council this appointment was for two year terms. Councilman Cato moved, seconded by Councilman Wood, to appoint Mrs. Marjorie Nash and Jack Knowles to the Planning and Zoning Commission, terms to expire May 1, 1981. Motion carried 7-0. March 12, 1979 Page 7 APPOINTMENT OF PAT D. JOHNSON AND HAZEL LOWERANCE TO THE PARK~ AND RECREATION BOARD APPROVED APPOINTMENT OF MATJORIE NASH AND JACK KNOWLES TO THE PLANNING AND ZONING COMMISSION APPROVED 14. Mayor Faram advised this appointment was a Mayor1s appointment confirmed by 2/3 of the Council, by authority of the Charter. Mayor Faram appointed Mr. Bob L. Henderson to the Civil Service Commission, term expiring October 1, 1980. Councilman Mills moved, seconded by Councilman Wood to approve the Mayor's appointment. Motion carried 7-0. 15. Councilwoman Reeder moved, seconded by Councilman Wood, to reappoint Mr. S. K. Baker to the Library Board term to expired May 1, 1981. Motion carried 7-0. 16. Mr. Allen Bronstad advised the Council the city was trying to sell the water lines, water services, meter boxes and water values of the City of Colleyville in Murphy Addition just east of Precinct Line Road. Mr. Bronstad stated he made a physcial inventory of the service lines and galvanized lines. The total amount of the values and service lines is $5,300. Mr. Bronstad stated North Richland Hills would be keeping 14 services still in Colleyville City Limits. Colleyville wants to read the meters and bill the people and then pay North Richland Hills for these customers. Councilman Mills moved, seconded by Councilman Cato, to approve the sale of water facilities to Colleyville. Councilman Cavanaugh asked if the city planned on recovering some of the meters. Mr. Bronstad stated all the meters would be left in with the exception of six new meters that have been installed the past year, the City of North Ricland Hflls will remove those. Councilman Freeman asked why the city was retaining 14 water customers. Mr. Bronstad stated because Collyville could not serve them. Councilman Mills asked what impact selling this facility would have on the water system, good or bad. Mr. Bronstad stated it would give North Richland Hills more water because the wells could be pumped directly back to the south end 'of Davis. Motion carried 7-0. March 12, 1979 Page 8 APPOINTMENT OF BOB L. HENDERSON TO THE CIVIL SERVICE COMMISSION APPROVED RE-APPOINTMENT OF S. K. BAKER TO THE LIBRARY BOARD APPROVED CONSIDERATION OF SALE OF WATER FACILITIES TO THE CITY OF COLLEYVILLE APPROVED 17. Councilman Cavanaugh moved, seconded by Councilman Wood, to accept the bid of Alexander and Alexander for Public Officials Li abil ity. Councilman Wood asked if this was the same company that settled a case out of court and it cost the City $2,500. City Attorney McEntire stated it only happened on one case. Councilman Wood asked the City Attorney's opinion on the Insurance bid. City Attorney McEntire stated this was the only Company that wrote Public Official Liability. Councilman Cavanaugh moved, seconded by Councilman Wood, to add the stipulation to his~ motion policy of one million dollars, not 'to-exceèd $5,320.00fòr the prèmium and$2,500.00-deductible. Motion carried 7-0. 18. City Manager Paul stated that the bid of Wm. Rigg Company was submitted at 5:00 p.m., on March 5, 1979. The bids were closed at 10:00 a.m. Councilman Cato moved, seconded by Councilman Cavanaugh, to refuse the only bid that was submitted on time and go back for bids on a larger scope. Mr. Roy Miller, Alexander and Alexander Insurance Company appeared before the Council. Mr. Miller stated he had submitted this proposal to several companies and they had refused to bid. Mr. Miller stated the markets were very limited. Mayor Faram asked Mr. Miller if he could write a 30 day binder on the insurance for the city. Mr. Miller stated he would write a binder for 30 days. Motion to refuse the bid carried 7-0. March 12, 1979 Page 9 CONSIDERATION OF BID FOR PUBLIC OFFICIALS LIABILITY. POSTPONED FEBRUARY 26, 1979 APPROVED CONSIDERATION OF COMPREHENSIVE GENERAL AUTOMOBILE LIABILITY COVERAGE BIDS REFUSED Mayor Faram advised the Staff to analyze all the requirements and make sure all was covered when the insurance came back for reconsideration. 19. Mayor Faram stated this item was tied in with the previous bid. Councilman Cato moved, seconded by Councilman Wood, to refuse this bid and go out for new bids. Motion carried 7-0. " CONSIDERATION OF PROPERTY INSURANCE COVERAGE BIDS REFUSED Vlarcn l¿:, 1'::J/':J Page 10 20. Mayor Faram stated this Ordinance needed to be passed in order to retain the Local Sales Tax On Natural Gas and Electricity for residential use in the City. Councilman Cato moved, seconded by Councilman Michener, to approve Ordinance No. 739. CONSIDERATION OF ORDINANCE RETAINING LOCAL SALES TAX ON NATURAL GAS AND ELECTRICITY FOR RESIDENTIAL USE IN CITY APPROVED ORDINANCE NO. 739 CONSIDERATION OF PAY- MENT OF CONTRACTORS ESTIMATE NUMBER ONE (1) TO J. L. BERTRAM ENGINEERING AND CONSTRUCTION, INC., IN THE AMOUNT OF $113,141.52, FOR WATER DISTRIBUTION SYSTEM EXTENSIONS APPROVED Motion carried 7-0. 21. Councilman Michener moved, seconded by Councilman Wood, to approve payment to J. L. Bertram Engineering and Construction Inc., in the amount of $113,141.52. Motion carried 7-0. 22. Councilman Michener moved, seconded by Councilman Mills, to approve plans and specifications for the Watauga Paralleling Trunk Sewer. Motion carried 7-0. CONSIDERATION OF PLANS AND SPECIF- ICATION FOR THE WATAUGA PARALLELING TRUNK SEWER LINE APPROVED CONSIDERATION OF PAYMENT TOLAQUINTA MOTEL ($543.76) AND STORAGE FOR MOVEMENT OF HOUSEHOLD GOODS ($1,785.60) TOTAL $2,329.36 '{CITY , ~ANAGER I S MOVE)' APPROVED CONSIDERATION OF LEASE AGREEMENT BETWEEN MAC HOWE AND THE CITY FOR HOUS AT THE WATER TANK SITE APPROVED 23. Councilman Cavanaugh moved, seconded by Councilman Freeman to authorize payment to LaQuinta Motel and Brown Storage for the movement of household goods for the City Manager, in the amount of $2,329.36. Motion carried 7-0. 24. Councilman Mills moved, seconded by Councilman Wood, to approve the lease agreement between Mac Howe and the City. Councilman Freeman asked if this agreement was binding the city for one year. City Attorney McEntire stated yes. Councilman Freeman asked if this would be encumbering the city's chances to sell the property. Mayor Faram stated no one would want to live in the house while the tank was being built. Councilman Freeman asked why the city could not have the same option that Mr. Howe had. Councilman Michener stated' he would like to suggest that the 90 day option be to either party. City Attorney McEntire stated the lease had already been approved and the Council was coming back with more terms. Councilman Freeman asked if there would be any problems with the 90 day option. City Attorney McEntire replied there would be no problems. Councilman Cavanaugh asked how long Mr. Howe had lived in the house. Mr. McEntire stated the party was living there under contract. Councilman Cavanaugh stated he fe1t Mr~ :Howe would live in the house as long as he could for $300.00 a month. Councilman Michener stated that Mr. Howe would continue to stay in the house and the city would have a little more time than a 90 day lease, just like it is convenient for Mr. Howe to stay there now and it will be convenient for him to stay there four months from now. Councilman Michener stated that if someone wanted to buy the land the city could give Mr. Howe 90 days to move. Councilman Michener stated his amended motion, if he could make it, would be in a form to attempt to put the change in the lease if it was agreeable with Mr. Howe. Councilman Cato asked if the change would be to either party. . Councilman Wood moved, seconded by Councilman Mills, to call for the question. Mayor Faram called for a vote on the motion to call for the question. Motion carried 5-2; Councilmen Wood, Mills, Michener, Cato and Freeman, voting for; Councilman Cavanaugh and Councilwoman Reeder voting against. Mayor Faram called for a vote on the original motion. Motion on the original motion carried 5-2; Councilmen Cato, Mills, Wood and Councilwoman Reeder voting for; Councilmen Cavanaugh and Michener voting against. ;.. March 12, 1979 Page 11 March 12, 1979 Page 12 25. Councilman Wood moved, seconded by Councilman Michener, to approve Ordinance No. 740 amending Ordinance No. 381, Water and Sewer Policies. Motion carried 7-0. CONSIDERATION OF A~~ENDMENT TO ORDINANCE #381, WATER AND SEWER POLICIES ORDINANCE #740 APPROVED 26. Mayor Faram adjorned the meeting of March 12, 1979. ADJOURMENT Mayor - Dick Faram ATTEST: Ci ty Secretary - Jeanette Moore