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HomeMy WebLinkAboutCC 1979-05-14 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, MAY 14, 1979 - 7:30 P.M. 1. Mayor Faram called the meeting to order May 14, 1979, at 7:30 p.m. CALL TO ORDER 2. PRESENT: Dick Faram Denver r1i 11 s Jim Wood John Michener Sid Cavanaugh Jim Cato Dave Freeman Lena f1ae Reeder Mayor ROLL CALL Council men Councilwoman Thomas Paul Jeanette r100re Richard Albin Rex McEnti re Jim Anderson Allen Bronstad Chuck Williams Ga ry Ca 1 dwe 11 Pat McLaurin Jo Ann Will i ams Pete Pistole Ci ty Manager City Secretary City Engi neer City Attorney Director Public Works Director Utilities Police Chief Code Enforcement Officer PBX Operator Board of Adjustment Member Street Superintendent Motion to approve as corrected carried 6-0; Councilman Mills abstaining due to absence from the meeting. INVOCATION APPROVAL OF flINUTES OF THE APRIL 23, 1979, REGULAR COUNCIL ~1E ETI NG . APPROVED AS CORRECTED 3. The invocation was given by Councilwoman Reeder 4. Councilman Michener moved, seconded by Councilwoman Reeder, to approve the minutes of the April 23, 1979 meeting. Mr. Anderson stated that on page two where the name Mr. Baenish was used should have been Mr. Anderson. 5. Mr. Jack Shelton, 7337 Timberridge, appeared before the Council. Mr. Shelton stated he would like to drill a 100 foot water well for outside watering. Mayor Faram asked Mr. Shelton if he was on city sewer. Mr. Shelton replied he was on city sewer. CITIZEN REQUEST, MR. JACK SHELTON REQUESTING TO DRILL A 100 FOOT WELL FOR OUTSIDE WATER- ING APPROVED Mayor Faram stated that in the past the city had authorized water wells up to 200 feet. Councilman Cato moved, seconded by Councilman Wood, to authorize Mr. Shelton to drill a well not to exceed 200 feet in depth, to be used for outside watering only, and not for human consumption. Councilman Cavanaugh asked if it would be in order to have the Health Department check the well, in the event some child might drink from the well. Councilman Cato asked Councilman Cavanaugh if he wanted the Health Department to check to see if the water was polluted. Counei 1man Cavanaugh stated someone mi ght see a water hose and drink from it and not realize it was not drinkable water. Councilman Wood stated he did not disagree with Councilman Cavanaugh but, the Council had not been putting this stipulation on wells that had been drilled in the past. Councilman Cato stated if there was a criteria for this test other than pollutabi1ity he would agree, but felt certain that under 200 feet would not be drinkable water that would be accepted by the County. Councilman Cavanaugh stated he would like for Mr. Shelton to put a sign by the well to state the water was not drinkable. Mayor Faram asked the City Attorney if there was any way the city could be held liable if the Council allowed Mr. Shelton to drill a well for oJtside watering. Mr. McEntire stated the city would not be held liable, that would be Mr. She1tons problem. r Motion to approve carried 7-0. 6. Mayor Faram, on behalf of the Council, presented Claudette Smyth of the Utility Department a Service Pin and certificate for ten years of service. 7. Mayor F~ram advised the Coun~il this was a Council appointment. Councilman Mills moved, seconded by Councilwoman Reeder, to appoint Mrs. Linda Woodward as Deputy Court Clerk. Motion carried 7-0. 8. Mayor Faram stated the Planning and Zoning Commission had recommended approval of this request subject to the Engineer's letter. Mayor Faram asked if the developer was in compliance with the City Engineer's comments. Director of Public Works Anderson replied they were in compliance. Councilman Freeman moved, seconded by Councilman Wood, to approve PS 79-34. Councilman Cavanaugh asked if the lots were residential. May 14, 1979 Page 2 PRESENTATION OF A TEN YEAR (10) PIN AND CERTIFICATE TO CLAUDETTE SMYTH CONSIDERATION OF APPOINTMENT OF DEPUTY COURT CLERK PS 79-34 REQUEST OF SANDLIN HOMES FOR REPLAT OF BLOCK lR, NORTH- RIDGE ADDITION APPROVED Mr. Anderson stated there was no change from Planned Development, they were changing 33 lots into 29 lots. Councilman Cato asked if it would still be townhouses. Mr. Anderson replied yes. Motion to approve carried 7-0. 9. Mayor Faram read the following preamable: "AN ORDINANCE PROHIBITING MOTORCYCLES/MOTOR VEHICLES FROM BEING OPERATED UPON VACANT PROPERTY, AND APPROVING A PENAL TY". Councilman Wood moved, seconded by Council Michener, to approve Ordinance No. 752. Councilman Wood stated he realized there were some commments both pro and con for this motion. Councilman Wood stated he felt it was the responsibility of the Council for the welfare of all of the citizens. There were some problem areas in the city, basically undeveloped land of which the Council can or cannot tell the owner what he can do on his property. Councilman Wood stated the harassment from the dirt bikes with no mufflers, the vandalism, and the lack of control of this situation has come to this point. Councilman Wood stated he had asked the Staff to look into the situation, consider it, and give the Council the best possible means of control. Councilman Wood stated there is a large area of the city that is undeveloped," there are numerous housing developments around these undeveloped area, if any of the Councilor citizens would like to look at these areas they would find the problem is not only endangering the health and welfare of the people of the city. There is also an enviromental problem. City Manager Paul stated the City had a number of problems with motorcycles since he had been with the City. He had discussed it with the Police Chief and he also thinks there is a problem. Chief Williams stated he had· received numerous complaints over the last 30 days. Most of the complaints were not only being created by the motorcycles but pickups and dune buggy type vehicles. . Chief Williams stated the department was getting a rash of calls on vandalism pertaining to this. Councilman Cato asked Chief Williams if he was looking at the ordinance from the standpoint of just open undeveloped areas or perhaps church parkjng lots and front yards in residential areas. May 14, 1979 Page 3 CONSIDERATION OF OR AN ORDINANCE PROHIBITING MOTORCYCLES/MOTOR VEHICLES ON VACANT PROPERTY APPROVED ORDINANCE NO. 752 May 14, 1979 Page 4 Chief Williams stated he was looking at the possibility of front yards and parking lots, and the easements also. Chief Williams stated there was a particular problem on Davis where people ride 50 or 60 miles per hour down the roadway, across the easements, well past the easements on private property. Chief Williams stated this ordinance would give the Police Department a tool to work, with so that it would be all the property involved. Councilman Cato asked the City Attorney if he had checked the ordinance. Attorney McEntire stated he had looked at the ordinance. Councilman Cato stated he believed by making it unlawful to operate motorcycles or motor vehicles on any easement, vacant lot or other unpaved private properties not owned by the operator, would leave open the front 10 feet of everyone's front yard. Chief Williams stated he had checked with the City of Hurst on this particu1iar. ordinance and they had success with it. }" Councilman Cato asked if there had been any problems with motorcycles or motor vehicles going across front yards. Chief Williams stated he had ~ceived.some complaints from citizens about people driving across their front yards. Councilman Cato stated this ordinance would not cover front yards. Councilman Michener asked Chief Williams if he had any complaints on church parking lots' with motorcycles. , Chief Williams stated he had some but not to any great extent. Councilman Michener asked if church parking lots could be added to the ordinance. City Attorney McEntire replied it could be added. Councilman Wood amended his motion, seconded by Councilman Michener, to add "other unpaved private property or any church parking lot, paved or unpaved" after private property. Councilwoman Reeder asked if this ordinance was passed and citizens . complain about motorcycles being driven across their front yards the police could go out but not do anything about it. ) Chief Williams stated the way the trespass law was written you have to have the complaint and then locate the owner of the property and get him to sign a complaint against the party. This ordinance will give the police some authority to enforce motorcycles and motor vehicles that are being driven illegally. Councilman Freeman stated he did not see anything in the ordinance that would prevent the closing of what has always been designated as the motorcycle park north of the Loop and west of the railroad. Councilman Freeman asked if this ordinance was intended to close that park. Chief Williams stated he was not familar with that park. Councilman Freeman stated it was city owned land north of the Loop and west of the railroad. Councilman Freeman stated he did not see any exclusions in the ordinance to give the kids a place to ride their motorcycles. Chief Williams stated the ordinance dèsignated private property and he was not fami1ar with the property Councilman Freeman was referring to. Councilman Cato stated the city had been trying to get someone that was interested in motorcycling to come up with a proposal to make a motorcycle park out of the city owned property Councilman Freeman was referring to. Mayor Faram stated he would suggest that the Council give instructions to the City Manager to speak to the Park and Recreation Commission to see if there is a possibility of working out something for the èity owned property. Councilman Cato stated he would like to recommend that when the city started gettil)g_ complaints on there being no place to ride, perhaps the Police Department could request some of the motorcycle enthusiasts'to come up with a proposal upgrading the park land. Councilman Wood stated he would like to add that the Staff has said there would be proper publicity given this ordinance if it is passed so the people will have time to become aware of the limits and restrictions thereof. May 14, 1979 Page 5 May 14, 1979 Page 6 Councilman Wood stated that in reference to the designated park area, he had never seen in writing. He would like for the Staff to show him the area. Councilman Wood stated he knew a citizen who would build or do the dirt work for individual track type areas for the motorcycles. Amended motion carried 6-1; Councilmen Mills, Michener, Wood, and Cavanaugh and Councilwoman Reeder voting for; Councilman Freeman against. Mayor Faram asked if this Public Hearing had been advertised. 10. PUBLI C HEARl NG ON ANNEXATION City Attorney McEntire stated notice of the Public Hearing had been advertised on April 28, 1979. Mayor Faram opened the Public Hearing and called for anyone present wishing to speak on this item to please come forward. There was no one present wishing to speak on this item. Mayor Faram closed the Public Hearing. 11. Councilman Cato moved, seconded by Councilman Wood, to instruct the City Attorney to prepare an ordinance for annexing certain property. CONSIDERATION OF ORDINANCE ANNEXING CERTAIN PROPERT"f' Councilman Wood asked if the persons listed on the plat had been contacted. City Manager Paul stated that Mr. Bronstad had contacted the people involved. 12. Motion to approve carried 7-0. Councilman Wood moved, seconded by Councilman Mills, to approve Ordinance No. 753. Councilman Cato asked which format was being approved. CONSIDERATION OF ORDINANCE CONCERN- ING BUILDING PER~1IT FEES APPROVED ORDINANCE NO. 753 City Attorney McEntire stated the format. being approved was the latest one the Code Enforcement Officer had given the Counei 1 . Councilman Cato stated the copy of the ordinance he had received did not address itself to Ordinance No. 129 where Article II outlined the permits and fees. If Ordinance No. 753 was passed without Ordinance No. 129, there would be two conflicting pieces of legislation. City Attorney McEntire stated the last Ordinance passed should be followed. 13. Councilman Cato asked if it would be best to pass the original form of ordinance with an insert A,instead of the Section 2.02 amending Ordinance No. 129. City Attorney McEntire stated there were some provisions in Ordinance No. 129 that did not conflict with this proposed ordinance, the proposed ordinance only amends the fees. Motion to 'approve carried 7-0. Councilman Wood moved, seconded by Councilman Mills, to approve Resolution No. 79-7. Motion carried 7-0. 14. Councilman Wood moved, seconded by Councilman Mills, to approve Ordinance No. 754. Councilman Mills stated he would like for the Public Works Director to give some background on this ordinance. Mr. Anderson stated that sometime ago the Concrete Lobby put a bill through the Texas Legislature that had in effect made the city ordinance null and void unless specific action was taken by the city to. reimpose the old load limits The basis of the law that went through the Texas Legislature was that there' are some new 78'stëindard·,whee.l1oads, for very large concrete trucks. The gest of the law was such, unless specific action was taken to prohibit the large vehicles with the very high wheel loadings, they could utilize the streets. May 14, 1979 Page 7 CONSIDERATION OF RESOLUTION CONCER- NING FEES CHARGED FOR PLANNING AND ZONING, BOARD OF ADJUSTt-1ENT AND OTHER CITY SERVICES APPROVED RESOLUTION NO.79-7 CONSIDERATION OF ORDINANCE LIMITING THE WEI GHT OF VEHICLES TRANSP- ORTING READY MIX CONCRETE OVER CITY STREETS APPROVED ORDINANCE NO. 754 Mr. Anderson stated if the large trucks were to come through North Rich1and Hills, the streets would not last anytime. The streets were not designed for this type of vehicle. Mr. Anderson stated that the Council was re-imposed what. is already in the City Ordinance on weight of vehicles. The load limits in the proposed ordinance had been adopted by Hurst and hopefully between the two Cities they could discourage the Industry from importing the new type concrete trucks. Councilman Mills asked if this ordinance would eliminate what is considered normal concrete trucks. Mr. Anderson replied no, only the new type trucks. Councilman Wood asked Chief Williams what mechanics he had for verifying the weight of these trucks for enforcement of the ordinance if they showed up in North Richland Hills. Chief Williams stated at the present time he had no way of verifying the weight. Councilman Wood asked if cement trucks had to carry a weight ticket. Councilman Freeman stated the trucks were supposed to carry a weight ticket. Mr. Anderson stated Chief Williams was in the process of budgeting for scales to weigh the trucks. Chief Williams stated he had checked with the State Highway Department on the type of/scales they use and had all the information. Councilman Freeman asked Chief Williams if he was familiar with the. new state law that had been passed in addition to what Mr. Anderson had mentioned, as far as the penalty on this ordinance. Councilman Freeman asked Chief Williams if he found an overloaded truck on a city street who would be charged. Chief Williams stated he would write the citation to the party operating the vehicle. Councilman Freeman stated the last interpretation he had of the state law, for state highways, an overloaded truck had three guilty parties; the dispatchers, the truck driver and the citizen who ordered the truck. May 14~ 1979 Page 8 May 14, 1979 Page 9 Councilman Freeman stated he noticed the ordinance referred to truck drivers 'ould the Council, in passing this ordinance make some citizen guilty that ordered the truck. Chief Williams stated it would be handled the same way as ~ gravel truck. If the load was to high, regard1e~s of who loaded it, the loader could be cited a1so~ In essence they could go back and cite the loader, but it was normally not in the city. If it was in the city something could be done. Councilman Mills asked if the fine was such that it would be meaningless to cite someone. Councilman Mills stated he could see where a person could add a little more concrete to the truck, and $200.00 would not be enough to worry about. A driver could make three or four loads in one day and easily make $200.00 on each truck. Chief Williams stated the fine was limited by law, $200.00 was the maximum fine. Counei1man t1ills asked if the ordinance could state each offense and not each day. Mayor Faram asked if it would be possible to insert "and/or loåd" in the ordinance in place of each day. Councilman Freeman asked why the ordinance was limited to cement trucks. Mr. Anderson stated the load limit currently in the city ordinance covers all types of vehicles except cement trucks. Prior to the law going through the Sta~e Legislature gross loads of 48000 tadem axle loads and single axl~ loads to 12000 was allowed. The effect of the law relates to cement trucks and stated unless specific action was 'taken to r~-impose the 77 vehicle standards then the 78 wheel reload standards would apply. The part in the present City Ordinance relating to cement trucks was put in jeopardy and that is why the request was for cement trucks. Mr. Anderson stated that the passing of this ordinance would discourage the concrete companies in the area from purchasing the new type cement truck. City Attorney McEntire stated the wording in the ordinance could be changed to read "each and every load violation constituted a separate offense" . Councilman Cato made an amended motion, seconded by Councilman Wood, to amend Ordinance No. 754 and pass it with Section 2 reading "each and every load violation shall constitute a separate offense and is punishable as such", in place of each and every day violation continues. Amended motion carried 7-0. Mayor Faram called for a vote on the original motion as amended. Motion to approve the original motion as amended carried 7-0. May 14, 1979 Page 10 15. Councilman Cato moved, seconded by Councilwoman Reede~r, to approve Resolution No. 79-8. Counei lman Freeman stated he woul d like some background information on the resolution. CONSIDERATION OF RESOLUTION CONC- ERING SIDEl~ALKS ON RIVERIA APPROVED RESOLUTION NO. 79-8 Councilman Cato stated that Riveria was considered a Collector Street until about eight months ago. The Subdivision Ordinance requires that new subdivisions have to have sidewalks. About eight months ago when the Council re-aligned the Thoroughfare Plan and did away with the Collector Street designation, the street was left with no adequate means of forcing sidewalk construction. With over 90% of the existing construction with sidewalks. Councilman Cato stated he had discussed this with Mr. Anderson and he thought'it'wou1d be.a good idea, it would give him something to use to. cause the rest of the sidewalks on Riveria west of Rufe Snow to be constructed and this resolution will do just that. Mayor Faram asked if the Council could require sidewalks since the street does not have the designation as a Collector Street. Mr. Anderson asked the Council to note that the resolution stated all future development along Riveria west of Rufe Snow Drive requires sidewalks. Mr. Anderson stated this resolution was basically what he needed to make the developer put in sidewalks where houses were under construction. Mr. Anderson stated that in answer to Mayor Faram's question, the city cannot require sidewalks when the Council revised Ordinance No. 650, which is that portion of the City Code currently containing the s1dewa1k Ordinance, there are provisions in the ordinance to add a sentence that will in fact require sidewalks. Councilman Cato asked the City Attorney if it was his opinion that the Council could not require sidewalks in that area. City Attorney McEntire stated that Council would have police right to require sidewalks in that area. Mayor Faram asked on what basis the Council could require sidewalks when one street is designated the same as another street. City Attorney McEntire stated the Council had the right under police power. Mayor Faram asked what would give the Council the authority to pick out a street and arbitrarily say the Council had the police power. City Attorney McEntire stated the type of area. The Council is saying this particular area needed sidewalks and anDther area did not. The Council had the power. Councilman Cato stated that in the second paragraph where the resolution states the majority of homes had installed sidewalks and thus establishes the neighborhood, this was the reasoning for the sidewalks. Motion to approve Resolution No. 79-8 carried 7-0. 16. (NO MOTION WAS MADE ON THIS ITEM) J Councilman Cato asked for an explanation on this request. Mr. Anderson stated that sometime ago the city required the school to rep1at their property as a condition of being issued a building permit. In the rep1ating process a suveryor employed by the school located a small rather strange shaped parcel of land that appeared to belong to the city. The parcel of land was originally dedicated to the city for the purpose of right-of-way on Holiday Lane. Holiday Lane was put in exactely where it was supposed to be. Someone put a jog in Holiday Lane where it should not have been so Holiday Lane did not exist on the land that was designated by the School District. The city needs to vacate that piece of land to the abutting property owners, the School District. They have dedicated a portion of land where Holiday Lane really is. Councilman Cato asked Mr. Anderson if he had the dedication by the school in writing. 17. Mr. Anderson stated he did not have it in writing. However, since Holiday Lane is a fact of life and Mr. Spicier had given a verbal comment that he would dedicate the land, he saw no problem. Mayor Faram asked if this proposal was recommended by the Civil Service Commission. Mr. Anderson stated it was not the figures recommended by the Civil Service Commission. The entry level salary is the same. The base salaries recommended by the Civil Service Commission were $840.00 and $945.00 respectfully. Mr. Anderson stated he was requesting the higher salaries as a reflection of what he needed to attract .a qualified body off the street. Mr. Anderson stated the salaries he was requesting were substantially lower than what was recommended by the City Staff about a year ago for these positions. Councilman Mills moved, seconded by Councilman Michener, to approve Resolution No. 79-9 as presented. Mayor Faram asked if the Civil Service gave a reason for setting the salaries at another rate. Mr. Anderson stated· what originally happened was the Civil Service and himself were under the mistaken notion that the base salaries had to be 5% above the entry level salaries. Mr. Anderson stated he asked the Civil Service to reconsider and they declined. May 14, 1979 Page 11 CONSIDERATION OF ORDINANCE VACATING A PORTION OF HOLIDAY LANE ORDINANCE NO. 755 CONSIDERATION OF RESOLUTION ADJUST- ING S¡~LARIES FOR AUTOMOTIVE EQUIP- MENT MECHANIC II & IV APPROVED RESOLUTION NO. 79-9 . May 14, 1979 Page 12 Mayor Faram stated he had no argument with the figures hat he was concerned with was that the Civil Service did not recommend this as such. Mayor Faram asked why the Council was not given both sides. Mr. Anderson stated he fully intended to give both sides. Councilman Cato stated he would like to point out that the 10% increase recommended by the City Staff was in excess of anything that any of the other categories got. Most of the other categories range from 5% to 8%. The ,average being in the neighborhood of 5.6% to 5.7%. Councilman Cato stated he would like to recognize a Civil Service Commissioner in the audience and see if he would like to comment on the Civil Services recommendation of 5%. Mr. Bill Betts, Civil Service Chairman appeared before the Council. Mr. Betts stated he could not give the exact reason why the Civil Service went along with the $840.00 and $945.00. Mr. Betts stated the Commission addressed Councilman Mills and he felt this was in line. The Commission was trying to get something to present to the Councirwhere the Commission would not get knocked down every time. The Commission thought that this was in line since the 5% was knocked out. There will be a new budget in October so these things can be taken into consideration ,at that time. The Commission felt they were holding it ¡to a minimum and still feel the decis~on was correct. Mr. Anderson stated the mechanic positions were unique in one respect and these are the only two positions which the individual is required to purchase their own tools. These tools value up to about $3,000.00 for each individual. Mayor Faram stated he would have liked for. this item to have been presented as a Civil Service recommendation and someway appealed for a higher salary. Mayor Faram stated he did not want the Council to get caught in the position of circumventing the Civil Service. Councilman Mills stated he felt there was a misunderstanding between himself and Mr. Betts, if Mr. Betts felt like he at any time ever gave a limit on what the Civil Service should consider from the Council on this particular matter. Councilman Mills stated he was in attendance during the deliberations of the Civil Service Commission and witnessed the vote they took the first time and was witness to the vote they took the second time. Counci lman ~1i Us stated he fe1 t 1 i ke the arguments given by the City Staff and by the two mechanic's present were valid arguments and the higher salary should stand. May 14, 1979 Page 13 Councilman Mills stated he was in an awka'rd position when he was in attendance at the Civil Service meetings because he did not feel he should try and constrain the Commission in their discussions in any way or get in a,situation where he would élPpear to dicate :the outcome of their décisions. Councilman Mills stated he personally felt the arguments presented for the higher salary was the way it should go. Councilman Mills stated he did not object to the higher salary because he did not feel it was his position. Councilman Mills stated he contributed what he could in the way of information. Councilman Mills stated he did not think he ever said the Council should constrain the Civil Service on the amount of salary they should go for. Councilman Mills stated he felt the Council should go for the higher salaries because if not, he thought voting for the lower salary was meaningless because both of these people were already at the base level and more than anything else it would completely turn them off to offer $40.00 or $45.00 more a month increase. Mr. Anderson stated that in the case of the mechanic IV it would amount to a $20.00 increase. Councilman Cato stated that at the time these positions were instituted into the budget they were $825.00 entry and $875.00 base. Councilman Cato asked Mr. Anderson if he was saying $945.00 just contributed a $20.00 increase. Councilman Cato asked how the position got from $875.00 with less than a year with the city. Mr. Anderson stated the base figures had showed the base after six months at $925.00. Councilman Cato asked if qnyone 'on the Council had these figures in their. budget book. Counié1man Cato stated his budget showed $825.00 and $875.00 for a mechanic IV, and $700.00 and $750.00 for a mechanic II. Councilman Cavanaugh stated he thought the Council changed the salaries in this area because people could not be hired at that salary. Mayor Faram called a recess at this point in the meeting. Mayor Faram called the meeting back to order. The same Council members and Staff were present as recorded at the beginning of the meeting. Mayor Faram asked Mr. Anderson if they had a list of the salaries. RECESS BACK TO ORDER Mr. Anderson stated the sheet he was using and salaries being paid were the 1978-79 budgeted probation and base salary for new hires after October, 1978. For the Automotive mechanic IV entry $875.00 and base after six months $925. Councilman Cato asked if the person presently in that position was being paid that currently or was he being paid according to the original budget. May 14 ~ 1979 Page 14 City Manager Paul stated that Pete Pistole, Street Superintendent, was present and might have more information on this item. Mr. Pistole stated the auto mechanic II entry was $700.00 and after six months $750.00, mechaniv IV entry $825.00 after six months $875.00. Mr. Pistole stated he felt the figure Mr. Anderson had was wrong. Mr. Anderson stated he did not have access to the payroll records at this time, but would check into it. Councilman Cato made a substitute motion, seconded by Councilman Wood, to approve Resolution No. 79-9 adhering to the Civil Service recommendations for Auto Mechanic II probationary $800.00 and base $840.00, Auto Mechanic IV probationary $900.00 and base $945.00 with full knowledge that come October, 1979, there will be an automatic increase. Motion carried 5-2; Councilmen Cato, Freeman, Michener, Wood and Councilwoman Reeder voting for; Councilmen Mills and Cavanaugh against. City Attorney McEntire stated the person would furnish the badge. CONSIDERATIO N OF ORDINANCE AMENDING EXISTING ORDINANCE CONCERNING SOLIC- TORS IDENTIFICATION APPROVED ORDINANCE NO. 756 18. Councilman Cato moved, seconded by Councilman Michener, to approve Ordinance No. 756. Councilman Cavanaugh stated the ordinance made reference to a badge, would the person or city furnish the badge. Councilman Cato stated that in Section 2 the ordinance called for a misdemeanor fine of not less than $10.00 nor more than $200.00, each day of violation shall be deemed a separate offense. Councilman Cato asked if there was anyway a penal provision could be put in the ordinance that the solicator could be taken off the street until they complied with the ordinance. City Attorney stated you would not have the jail power. Councilman Cato asked if it was possible to have rather, than each day of violation constitutes a separate offense, each solication constitutes a separate offense. City Attorney McEntire stated the criminal jurisdiction is controlled by the Constitution and Civil by Statute. After further discussion, Councilman Cato withdrew his motion. Councilman Cato moved, seconded by Councilman Michener, to approve Ordinance No. 756 with Section 2, last sentence amended to state "each solication in violation of this ordinance shall be deemed a separate offense". Motion carried 7-0. 19. 20. Councilman Michener moved, seconded by Councilman Cavanaugh, to approve Resolution No. 79-10. Motion carried 6-1; Councilmen Mills, Wood, Cavanaugh, Michener, Freeman and Councilwoman Reeder voting for; Councilman Cato voting against. City Attorney McEntire advised the Council the previous ordinance they had earlier was the one adopted by Haltom City. The one the Council had now was one he had adapted from a Fort Worth Ordinance, Mr. McEntire stated that primarily the objections that Councilman Michener pointed out was that the Council did not have a completed contract. Mr. McEntire stated that when the Council adopted this ordinance they simply authorized the Mayor to execute contract. Mr. McEntire stated this new contract would take care of the objections, there was more control in this contract. Mr. McEntire stated he had been dealing with Public Bench' Ads, Inc., for about a year and they were very responsive. Councilman Cato asked Mr. McEntire which alternate he was suggesting. Mr. McEntire stated either one. Mayor Faram asked if the new contract gave the city the right to cancel within 72 hours. Mr. McEntire stated Public Bench :wou1d have to remove or repair the benches within 7;2 hours notice. Failure to do so and, the city can cancel without notice. Councilman Mills stated the first contract had a liability c1ausee did ~he second one have the liability clause. Mr. McEntire stated the second one had the liability clause. Councilman Michener stated the first contract had a $720.00 annual minimum, did the second contract have it also. Mr. McEntire stated yes, plus $24.00 per bench, per year in excess of 30 benches. Councilman Michener asked if the benches were going to be wood or plastic. Mr. McEntire stated the benches were fiberglass. Councilman Freeman asked if the city had the right to ask Public Bench to move the benches at any point. May 14·, 1979 Page 15 CONSIDERATION OF RESOLUTION CONCER- NING USE OF THE CITY COUNCIL CHAMBER APPROVED RESOLUTION NO.79-10 CONSIDERATION OF CONTRACT HITH PUBLIC BENCH, ADS, INC. APPROVED RESOLUTION NO.79-11 May 14, 1979 Page 16 Mr. McEntire replied yes, the bench had to be approvêd by the City Manager before it was placed anywhere. Mayor Faram stated there were two gentlemen present interested in this agreement and with the Counci1's approval he would like to ask them a few questions. Mr. Rodger Lawson, General Manager of the Texas Division of Public Ad, Inc., appeared before the Council. Mayor Faram asked Mr. Lawson if he was familiar with the contract. Mr. Lawson stated if the contract was the one Haltom City had he was familiar with it. Mayor Faram asked Mr. Lawson if he had any objections or preference on the contract. Mr. Lawson stated he had not really examined this particular contract with North Rich1and Hills. Mr. Lawson stated he did not think he would have any objections. The attorney would look the contract over. Mayor Faram advised Mr. Lawson if he found something in the contract he could not live with he could come back to the Council. ·1 I i .J Councilman Cavanaugh asked the possibility of the city getting a free bench that said the City of North Richland Hills is working for you. Mr. Lawson replied the city could have a bench, in fact he would encourage it. Councilman Michener asked how many benches they anticipated putting , up. Mr. Lawson stated that would be determined by whomever he talked with in the city. Mr. Lawson stated he hoped to putidn at least 30 benches. Councilman Mills asked what the philosophy was of putting benches in a city where there was no bus service, would the benches be put in residential areas. Mr. Lawson stated they did not put any benches in front of someones house, but put them where they would be of the best use. Playgrounds, a park or city right-of-way. Councilman Cavanaugh moved, seconded by Councilman Mills, to approve Resolution No. 79-11, contract with Public Bench Ads, Inc. Motion carried 7-0. May 14, 1979 Page 17 21. Councilman Mills moved, seconded by Councilwoman Reeder, to authorize the Staff to pay $10,100.00 for purchase of land for a water tower site. Councilman Cato asked where this property was located. Mr. Bronstad stated the property was located north of Shady Grove Road and west of Davis Blvd. AUTHORIZATION TO PAY FOR LAND PURCHASE FOR WATER TANK SITE AND EASH1ENT APPROVED Councilman Cato asked Mr. Bronstad if he had the current tax valuation on the property. Mr. Bronstad replied he did not. Councilman Cato asked Mr. Bronstad if he knew what the property in the area was selling for. Mr. Bronstad replied no. Councilman Cato asked how the city came to offer $12,500.00 for the property. Mr. Bronstad stated he had talked with Mr. Barfield and he advised he would take $10,000.00 for the property and $100.00 for the easement. Mr. Bronstad stated Mr. Barfields property was located on a high hill. Every time you ·geta foot of elevation your saving approximately $3,000.00 for the base of the tank. This site was for an elevated storage tank. Councilman Cato asked if Mr. Barfield was cooperative. Mr. Bronstad replied Mr. Barfield was very cooperative. , City Attorney McEntire st~ted the last time the city tried to buy a site in Watauga, it was going to cost $40,000. Councilman Wood stated he could not believe anyone in this city was paying this kind of money for that type of land for any reason. Councilman Wood stated there was no property in the city worth $10,000.00 an acre. Councilman Wood stated he could not believe the price of this property. His impression was the city was going to get an acre of land. Councilman Wood stated he did not care what the easement was, the city was only getting .780 acres land. Councilman Wood stated he felt the city was getting ripped off. Councilman Cavanaugh stated the price was pretty excessive, but the city might consider that when Mr. Barfield had to develop the property North Rich1and Hills could present the same philosophy that Hurst did around the storage tank in Chisolm Park. The city might be able to persuade ~·1r. Barfield to throw in some acreage around the tank to enhance the area to defray some of the cities cost. r·1ay 14, 1979 Page 18 Councilman Freeman asked if the city had not tried about a year ago to purchase some property for a tank site and went to commendation and the court set the price at $40,000.00 an acre. Mr. Bronstad stated that was correct. The city offered $10,000.00 an acre and had to go to court and the court ruled the property was worth $40,000.00 an acre. Councilman Mills asked if the property in question was a large enough tract. Mr. Bronstad stated it was a large enough tract and located high enough whereby money could be saved by not having to elevate the tank higher. Councilman Mills asked if there was another site in the area that would serve for the tower. Mr. Bronstad replied no, there were very few sites left in the city for an elevated tank site. Councilman Mills asked if this site was the one that has always been in the Master Plan. Mr. Bronstad stated yes. If you look at the Master Plan on water this was the site shown. r· City Attorney McEntire stated it was his understanding that the Council approved the purchase of this land in a work session. Councilman Wood stated it was his understanding the city would get an acre of land. , City Attorney McEntire stated that with the easement the city would be getting an acre of land. Mayor Faram stated he had signed the agreement on the a4~ice of the City Attorney subject to the Council's approval. Mayor Faram stated his signature was not valid unless the Council approved. Mayor Faram stated this may be a premium price for the acreage but the city was limited to the number of sites that are desirable for an elevated tank. Mayor Faram stated the cost per foot for an elevated tank was $2,600.00 so the city was trying to buy some hei ght. Mayor Faram stated he highly recommended going ahead with the purchase even though the price may seem a little expensive. It beats court costs and the possibility of losing the site. Councilman Cato stated he presumed the money would come from the Water and Sewer Bond Program. Councilman Cato asked ·the City Engineer how much was allocated for the purchase of the tank site. May 14, 1979 Page 19 Mr. Albin replied he did not know. Councilman Wood stated he was looking at the gentleman that owned the property and the cooperation that he would personally expect, he could not vote for $3.23 a foot. Counei1man Wood stated he realized the city supposedly damaged the property. Councilman Wood stated if Mr. Barfield wanted to donate some land for a park he could 1 ive with it. Mayor Faram stated the price may be a little high but when you look at the alternatives the city does not have much of a choice. Motion to approve carried 6-1; Councilmen Mills, Michener, Cavanaugh, Freeman and Cato and Councilwoman Reeder voting; Councilman Wood voting against. 22. Councilman Michener moved, seconded by Councilman Mills, to approve payment to Red River Construction Company for Estimate No.7 and final for the Watauga Supply Line and Water Distribution System. AUTHORIZATION TO PAY CONTRACTOR'S ESTIMATE NO.7, AND FINAL FOR THE WATAUGA SUPPLY LINE AND WATER DISTRIB- UTION SYSTEM EXTEN- SIONS TO RED RIVER CONSTRUCTION CO., IN THE AMOUNT OF $21,900.10 APPROVED 23. Councilman Mills moved, seconded by Councilwoman Reeder, to authorize payment in the amount ~f $22,898.58 to Red River Construction Company for Estimate No. 7 and Final for Wataúga Booster Pump Station. Motion to approve carried 7-0. AUTHORIZATION TO PAY CONTRACTOR'S ESTIMATE NO.7, AND FINAL FOR WATAUGA DRIVE BOOSTER PUMP STATION TO RED RIVER CONST., CO., IN THE AMOUNT OF $22,898.58 APPROVED 24. Councilman Freeman moved, seconded by Counci lman 14ood, to authorize payment to Tank Builders Inc., in the amount of $23,484.70 for Estimate No.4 and Final. AUTHORIZATION TO PAY ESTH1ATE NO.4 AND FINAL FOR 2.0 M.G. GROUND STORA- AGE RESERVOIR TO TANK BUILDERS, INC. IN THE AMOUNT OF $23,484.70 APPROVED Councilman Wood asked if the project was on line. City Engineer Albin replied yes, ready to receive and supply water to the storage tank. Councilman Mills asked if this was final payment. Mr. Albin stated it was final. Councilman Cato stated the contract price was not on the estimate. Mr. Albin stated the contract price was $189,847.00, there had been no change orders or supplement agreements. Motion to approve carried 7-0. 25. City Manager Paul stated the Council had passed this at one time. A paragraph had been changed. City Attorney McEntire stated the paragraph that had been changed was pertaining to pro rata. The first contract had sounded like North Richland Hills was going to have to pay all. The pro rata will be amoung the various cities involved. Councilman Cavanaugh moved, seconded by Councilman Wood, to approve Resolution No. 79-12. Councilman Cavanaugh stated he recommended the city install their own meter so the city's records could be compared with TRA I S records. Councilman Mills asked when the payments would start. City Attorney McEntire stated assuming it is used, 1981, or first fraction thereof. Councilman Cato asked that in the event it was not available in 1981 was the city bound by the provision in the contract. Mr. McEntire stated the city was bound by the first period of operation or fraction thereof. Motion to approve carried 7-0. 26. Mayor Faram stated the City Manager had advised him there was nothing to present on this item therefore it would be passed over. 27. City Manager Paul advi sed the Council thi s ~<Jas an item that he asked to be omitted from an earlier meeting because he thought the new insurance policy that was being worked up by the State Association would cost less. Mr. Paul stated after he went over the policy and looked at it it was going to cost more. At this time he would like to recommend that the employees pay one-half of $2.81 and the city pay one-half. From the survey taken 45% of the employees were willing to pay for one-half of the insurance. Mayor Fraam asked if this was a Civil Service recommendation. Mr. Paul stated it was his understanding it was a Civil Service recommendation. May 14, 1979 Page 20 CONSIDERATION OF RESOLUTION AUTHOR- IZING CONTRACT WITH TRA APPROVED RESOLUTION NO.79-12 AUTHORIZATION TO GO OUT FOR BIDS ON SURPLUS CITY PROPERTY AUTHORIZATION TO ADD DENTAL CARE TO CITY EMPLOYEE INSURANCE WITH EMPLOYEE PAYING HALF OF PRD1IUM APPROVED May 14, 1979 Page 21 Councilman Mills moved, seconded by Councilman Michener, to approve the recommendation of the Civil Service Commission to purchase dental care for the city employees at $1.40. per employee. Councilman Cato asked the dollar figure for implementation of the dental insurance, and beginning when. Mr. Paul stated he did not have the dollar figure~ There are basically 160 employees. Councilman Freeman asked if this was budgeted for this year. . Mr. Paul stated it was not. Councilman Mills stated it would cost $1,300.00 for the rest of the year. Councilman Cato asked where the money was to come from. Mr. Paul stated the money would come from the General Fund and there was $54,000.00 in the General Fund at this time. Mr. Paul stated there were some departments that had some excess funds. If the Council wanted the funds could be transferred into the General Fund. Councilman Cato advised Mr. Paul he hated to disaQree with him but he did not believe a word he was saying. Nothing in the latest monthly budget figure shows ~here is a surplus and the Council did receive a letter last month that there was not a surplus. Councilman Cato stated if the Cpuncil started moving funds around in the budget there will ~ave to be public budget hearings. City Attorney McEntire stated that was correct. Mr. Paul stated the city had received a check for $54,000.00 from the State about a week ago for the land that had been purchased earlier. Mr. Paul stated he asked Mrs. Pinner about the check and she said it would go into the General Fund. Councilman Cato asked what land purchase Mr. Paul was referring to. Mr. Paul stated it was some money the city was getting back from the Park System on Fossil Creek Park. Councilman Cato asked how much money was budgeted to be received from the State for Fossil Creek Park. Mr. Paul stated he did not remember any showing coming back, but the check was for $54,000. Councilman Cato ásked if there was a possibility this money was already . bedgeted for. Mr. Paul stated he did not know. If'the money was budgeted he did not seen it in the budget. May 14, 1979 Page 22 Councilman Cato stated he believed the $54,000.00 was budgeted for, Councilman Cato advised Mr. Paul to check t~e budget. Councilman Cavanaugh stated the $54,000.00 was budgeted for the park system. Councilman Cato asked if it would be in order to table this item until the financial figures were available and state where the money is comöng from. Mayor Faram stated if tabling this item was the desire of Council it could be tabled. Mayor Faram stated he had hoped this item could be acted on. It is a big item and important personnel item. Councilman Cato stated he would hate to enter into the insurance without knowing the full particulars and what it is going to cost and where the money is coming from. Councilman Wood stated he agreed with Councilman Cato and would. like to know where the money was coming from. Councilman Wood stated he would like to remind the Council that there would not be another Council meeting this month and would be a long time before it would come up again. Councilman Cavanaugh stated the Council was going to be saddled with a 7% raise in October,,1979, and this $2.81 for dental insurance per person was probably the best raise you could give an employee. Councilman Cavanaugh stated it would take 30 days to implement the program and the longer it is put off the longer the employee has to wait for the insurance. , Councilman Michener stated that $1,200.00 in view of the total budget is a very small amount. Councilman Michener stated he was confident that in the total budget the City Manager could find a place to fund a $1,200.00 item. Councilman Michener stated the Council could charge the City Manager with taking care of it. Councilwoman Reeder stated she would personally like to approve the insurance but would like to know where the money was coming from. Mr. Anderson stated that if the Council considered this a salary expense, one thing that may have been overlooked was that all departments had some surplus by virture of people leaving without pay and the delay in hiring someone else. Mr. Anderson stated he did not know how Mr. Bronstad was running in the Utility Department, but his department was running about $12,000.00 in salary surplus. Councilman Cato ~tated he would like to remind the Council of the notification they had received from the Finance Director two Council meeting's ago that our surplus account was zero. Councilman Cato stated that under the Charter it was the Council's responsibility May 14, 1979 Page 23 r I that anytime they pass an expenditure that they determine where the money is coming from within the budget and not leave it open as they intended to do at this point and time. Mayor Faram stated he did not disagree, however, he thought there were over-rides in the budget and there were some that do not come up to the budgeted figure. Mayor Faram stated the insurance would normally be budgeted as a non- departmental expense and doubted if there would be an over- ride in that area. Councilman Cato asked if it was part of the motion that the funds come from the unappropiated expenditures. Councilman Mills stated he would change his motion to state funds to provide for the $1,190.00 to come from surplus in the non-departmental line item. ( ) Councilman Cato asked Councilman Mills if he was proposing there was a surplus in non-departmental and making the motion contingent on there being a surplus. Councilman Mills stated he was using the idea that non-appropiated and surplus are synonymous and there had to be $1,190.00 in the,¡ budget somewhere. Mayor Faram suggested that the account be over-drawn. It haè been done before. When it becomes a critical item the city has the bank depositary contract that can be borrowed on. Councilman Cato stated he was trying to keep the Council from talking about surplus that~did not exist. Councilman Cato stated that if an over-runfin non-departmental was anticipated, so be'it. Councilman Cato stated he felt it was the responsibility of the Council to tell the Staff where the money is coming from to implement the programs that this Council passes and if the Council has decided that it is entirely possible to accept an over-run in non-departmental he would suggest that the Council recommend that funds come from non-departmental and make it contingent on there being a surplus. Mayor Faram asked Councilman Mills if he would take the word surplus out of his motion and let non-departmental over run if necessary. Councilman Mills stated he removed the word surplus from his motion. Councilman Michener being the second to the motion agreed. Motion to approve carried 7-0. 28. 29. .....,- 30. 31. ATTEST: May 14, 1979 Page 24 Councilman Freeman stated he would like to ask a question of the Staff. Councilman Freeman stated that at the last Council meeting the Council asked the Staff to come back with the budgeted projects that had not been funded, and he had not seen the list. City Manager Paul stated he had been working on the list and Mrs. Pinner had been on vacation and this was on their agenda for Friday when Mrs. Pinner returned. Mayor Faram asked if this item had been budgeted for. Mr. Bronstad stated it was a budgeted item. Councilman Mills asked if anyone wou~d meet the specifications. Mr. Bronstad replied yes. CONSIDERATION OF SPECIFICATIONS FOR A FOUR HHEEL TRACTOR APPROVED Councilman Wood moved, seconded by Councilwoman Reeder, to approve specifications for a four wheel tractor. Motion carried 7-0. Mayor Faram asked if this was a budgeted item. Mr. Bronstad replied it was a budgeted item. Councilman Cato asked if the specifications could be met by more than vendor. Mr. Bronstad replied yes. CONSIDERATION OF SPECIFICATIONS FOR A FIVE FOOT ' ROTARY MOWER APPROVED Counc~lwoman Reeder moved, seconded by Councilman Wood, to approve specifications for a five foot rotary mower. Motion to approve carried 7-0. Councilman Wood moved, seconded by Councilman Cato, to authorize payment to J. L. Bertram in the amount of $45,095.10. AUTHORIZATION TO PAY J. L. BERTRAM $45,095.10 FOR HATER DIST. SYSTEM APPROVED ADJOURN~1ENT Motion to approve carried 7-0. Mayor Faram adjourned the meeting of May 14, 1979~ ~ Dick Faram - Mayor