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HomeMy WebLinkAboutCC 1979-08-13 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, AUGUST 13, 1979 - 7:30 P.M. 1. Mayor Faram called the meeting to order August 13, 1979 at 7:30 p.m. 2. PRESENT: CALL TO ORDER ROLL CALL Dick Faram Denver r,1i 11 s Jim Hood Dave Freeman Sid Cavanaugh John Michener ~1ayor Councilmen STAFF: Tom Paul Jeanette Moore Jim Anderson Richard Albin t1argie Nash Jo Ann vJi 11 i ams City Manager City Secretary Public Works Director City Engineer Planning & Zoning Commission Zoning Board of Adjustment Member ABSENT: Jim Cato Lena Mae Reeder Rex McEntire Councilman Councilwoman City Attorney 3. The invocation was given by Councilman John Michener. INVOCATION Mayor Faram advised those persons present interested in item #11, that it could not be heard tonight because two Council members were absent. ANNOUNCEMENT Mr. Delbert Stembridge appeared before the Council on behalf of Mr. Allison. Mr. Stembridge stated that Mr. Allison had asked that this request be postponed. 4. Councilman Wood moved, seconded by Councilman Mills, to approve the minutes of the July 23, 1979, meeting. Motion carried 3-0; Councilmen Michener and Cavanaugh abstaining due to absence from the meeting. CONSIDERATION OF t1INUTES OF THE REGULAR CITY COUNCIL MEETING JULY 23, 1979 APPROVED CITIZEN REQUEST TO DRILL A WATER WELL MR. KENNETH MILLICAN REQUESTING APPROVED 5. Mrs. Kenneth Millican, 7841 Harwood Road, appeared before the Council. Mrs. Millican stated they wanted' to drill a well for outside watering purposes. She understood the well could not be over 200 feet in depth. Mayor Faram asked Mrs. Millican if there were, septic tanks in the arpa. Mrs. Millican replied there were no septic tanks in the a rea. Councilman Michener moved, seconded by Councilman Wood to approve Mrs. Millican's request to drill a well for outside watering only and not to exceed 200 feet in depth. Motion carried 5-0. 6. Mayor Faram stated the Planning and Zoning Commission had recommended approval. Councilman Michener moved, seconded by Councilman Freeman, to approve PS 79-42 Councilman Cavanaugh stated he wanted to ask some questions concerning some expansions on the property. It seems that on several occasions, based on minutes of Planning and Zoning that things were done and Mr. Robinson had to get special variances and permission to do things without going through proper procedures. Councilman Cavanaugh stated that before the approval of the plat he would like to hear the whole situation from the Staff and their feelings. Mayor Faram asked if there were some non-conformance now. Q Councilman Cavanaugh stated there had been in the past and based on what had happened in the past it was going to effect what is going to happen in the future on the approval of the plat. Mr. Anderson stated the history on this property went back to when the house was originally built. Instead of the 25 foot building line as specified in the plat, the house was built with a 15 foot building line. The normal procedure in that situation would have been for the builder or the owner to go before the Zoning Board of Adjustment and obtain a variance. Mr. Anderson stated this procedure was not followed and the former Director of Public Works, under direction of the former City Manager, provided the builder authorization to build over the building line and the house was built over the building line. Mr. Anderson stated there was a problem with the front fence. It is not legal in the City of North Richland Hills to fence the front yard. Councilman Cavanaugh asked if the fence was built with a permit. August 13, 1979 Page 2 PS 79-42, REQUEST OF RALPH ROBINSON FOR REPLAT OF LOT 16R, BLOCK 6, HOLIDAY HILLS ADDITION APPROVED August 13, 1979 Page 3 ~1r. Anderson stated the there was no permit for the fence and it was built on city right-of-way. The fence was moved off the city ri ght-of-\'Jay, and the Board of Adjustment granted a variance to the property owner to build a fence around his front yard. The fence is a decorative type fence and according to the Board of Adjustment the fence does not create a traffic hazard. Mr. Anderson stated the next problem with this property was the fence extended in the back of the property on the 15 foot building line without authorization. The fence is down at the present time because of the construction going on. Mr. Anderson stated that Mr. Robinson did apply for permission to build a garage, also on the 15 foot building line. The Board of Adjustment did grant a variance. t1r. Anderson stated he thought it had been made clear at the time that the fence had to be on the original lot. Mr. Robinson also owns the lot immediately behind him that faces on Victoria. r1r. Anderson stated the house in question faces on Lariat. The driveway for Mr. Robinson's new garage was found to be under construction on the adjacent lot. A red-tag was issued and construction stopped. Mr. Anderson stated this was the current state of the situation. Mr. Anderson stated that Mr. Robinson appeared before the Planning and Zoning and requested that the adjacent lot fronting on Victoria and the lot fronting on Lariat be replatted into one lot because that was the only way the situation could be handled. '" Mr. Anderson stated that Mr. Robinson's neighbor objected to the replat and a negotiation was conducted before the Planning and Zoning Commission between t1r. Robinson and his neighbor on what would be acceptable. The Board of Adjustment granted a variance to Mr. Robinson to go ahead and replat the lots, subject to a site barring fence paralleling Victoria set back 40 feet from the back of the curb on Victoria. Mr. Anderson stated the recorrrr'endation to the Council from Pl anning and Zoning Commission was that the Council make the same stipulation in the approval. Councilman Freeman asked why 40 feet instead of 20 feet. Mr. Anderson stated the normal set back is 25 feet. The city owns 9 1/2 feet behind the curb making a total of 34 1/2 feet. The 40 feet is what the neighbor agreed that would be satisfactory to him. Councilman Cavanaugh stated he would like to hear from t1r. Robinson's neighbor before the vote was taken on the plat. Councilman Wood asked Mr. Anderson if the construction on Mr. Robinson's lot was r~d-tagged at the present time. f1r. Anderson stated that it was red-tagged. August 13, 1979 Page 4 Councilman Hood stated he drove by and work was still going on. r1r. Anderson stated the part of the construction that was red-tagged was the driveway. Councilman Wood asked if the 40 foot building line that apparently had been agreed on; would make the end of the fence coinside with the corner of the structure on lot 18. Councilman Wood asked if this would exceed the actual structure front line. (;) Mr. Anderson stated the side of Mr. Robinson1s house was essentially on a 15 foot building line. The fence that would extend would be set back 40 feet. There would be a substaintial break in the line of the property. t1r. E. W. French, 6533 Vi ctori a, (Lot 18), appeared before the Council. Mr. French stated the 40 foot was an agreement made on the fence at the Planning and Zoning Commission meeting. Mr. French stated this would put the fence behind his bedroom window. Mr. French stated the only thing he would ask of the Council was be a little more specific. Mr. French stated the Planning and Zoning Commission just stated there would be a fence put 40 feet from the building line; they did not say what Mr. Robinson could do between the 40 feet and the original building line on Victoria. Mr. French asked what if Mr. Robinson wanted to build a temporary or permanent building outside of the 40 foot building line. t1r. French stated he would like for the 40 foot to become the new building line on Victoria and also for the Council to state that the letter Mr. Robinson has from the city that gave him a waiver on lot 16 would not apply in anyway on lot 17. Councilman Cavanaugh asked Mr. French if his main concern was that the fence not be a problem. Mr. French stated his main concern was that the fence was going to be the building line and that nothing could be put closer to Victoria. Councilman Cavanaugh asked if Mr. French was referring to the 25 feet or the 40 feet. Mr. French stated the 40 feet from the curb. Mr. French stated this was the recommendation of the Planning and Zoning Commission to the Council. t1r. French stated he just wanted to reaffirm the building line and not let the letter Mr. Robinson had from the city apply to lot 17. Councilman Cavanaugh asked Mr. Anderson if the waiver Mr. Robinson had applies to lot 17. Mr. Anderson replied no, depending on how the motion was worded. August 13, 1979 Page 5 Councilman Hood stated that if the Council worded their motion to read as the Planning and Zoning minutes it would take care of what Mr. French was asking. Councilman Cavanaugh stated Mr. French wanted added to the motion that no tempory or permanent building could be built between Victoria and the 40 foot line. Councilman Mills asked Mr. French if he felt Mr. Robinson's construction would de-value his property. Mr. French replied yes. Councilman Mills asked Mr. French if he had talked with Mr. Robinson about a fence on the new boundary line between the Mr. Robinson's lot and his lot. Mr. French stated he had talked to Mr. Robinson about a year ago and he asked about tying onto his fence. The Planning and Zoning Commission said the fence would be a wooden stockade type fence, the same type and height as the adjoining property. Mr. Anderson stated that at the Planning and Zoning Commission meeting he had made it quite clear that nothing could be constructed between the fence and the street, Mr. Robinson agreed, but it failed to get put in the Planning and Zoning minutes. Councilman Mills asked Mr. French if Mr. Robinson had discussed with him what he intended to construct. c> Mr. French stated Mr. Robinson had only generally discussed his plans. Councilman Wood asked Mr. French if it was his intent to have the motion of approval to specify, subject to a building line on lot 17 of approximately 40 feet, with a six foot stockade fence and further that an additional stockade fence be built from the eastern boundary adjoining the southern boundary of Mr. French's fence. Mr. French stated the western boundary of lot 17 to adjoin the boundary of his fence. Councilman Wood asked Mr. French if this would be agreeable to him if so passed. Mr. French replied yes. Councilman Wood asked Mr. French if he would also like to have a statement stating that no structure could be built between the fence and the street line. Mr. French stated he would like to insist on the statement. August 13, 1979 Page 6 Nrs. Jo Ann Hilliams, 7900 t1aplewood, Board of Adjustment Member, appeared before the Council. Mayor Faram asked Mrs. Williams how many variances this applicant had asked for. ~1rs. VJilliams stated he had only asked for tyJO variances from the Board of Adjustment. Mrs. Williams stated he had been in violation of some others. Mrs. Williams stated he had put up a fence in his back yard, that he did not get a variance on, and h~ stated ai the meeting that he did not realize he needed a variance. Mrs. Williams stated she had read from previous minutes where he was advised he had to have a variance in order to put the fence in his back yard. Mrs. Williams stated he did not get a permit for the first fence he put up in his front yard. The city discovered he was building on city right-of-way, and he then came and asked for a variance . . . , WhlCh was granted. Mayor Faram asked if the city was correcting ills on the property. Mrs. Hilliams stated apparently the city was correcting something that happened when the foundation of the house was first poured. Mrs. Hilliams stated that she felt that anything the city let the applicant do would have to be in writing. Mayor Faram asked Mrs. Hilliams if the minutes stated that the applicant had been aware of the first violation. Mrs. Williams read from the Board of Adjustment minutes of September 15, 1979. Mr. Delbert Stembridge, Engineer, appeared before the Council representing Mr. Robinson. c> Mr. Strimbridge stated he thought all the problems had been taken care of. Mr. Stembridge státed that Mr. Robinson had met with his neighbor and the Planning and Zoning Commission and conditions were stated and agreed upon. The Planning and Zoning Commission recommended approval subject to the conditions. Mr. Stembridge stated he felt the Council should approve this request. Mayor Faram stated it looked as if the city had a set of rules and the applicant had not made any attempt to follow the rules. Councilman Freeman stated it was his understanding that t1r. Robinson bought the house after it was built by the developer and he was unaware at that time it was built over the building line. Councilman Freeman stated Mr. Robinson was a victim of circumstances. Councilman Freeman stated that about two years ago Mr. Robinson built the fence and did not know it was illegal. Councilman Freeman stated l1r. Robinson did move the fence back. Council- man Freeman stated that he felt that on the first two occasions Mr. Robinson was ~incere in what he did. August 13, 1979 Page 7 Mayor Faram stated he was neighbor could live with. the Council could require in the Building Code. interested in getting something the Mayor Faram stated he wondered if the 40 foot fence if it was not Mayor Faram stated that since the City Attorney was not present he would ask Councilman Michener if this could be done. Councilman Michener stated the only thing the Council could do is to have some type of recordable instrument. This would put subsequent owners on notice that they have the restrictions. Mayor Faram asked if it would require a covenant that would bp binding on future property owners. Mayor Faram asked Mr. Stembridge if his client would be willing to sign a covenant. Mr. Stembridge replied his client would sign a covenant. Councilman Michener withdrew his motion. Councilman Freeman withdrew his second. Councilman Cavanaugh moved, seconded by Councilman Wood, to approve PS 79-42, subject to changing of the building line of lot 17 to approximately 40 feet from the curb, a 6 foot stQckade fence be put across lot 17 parallel to Victoria Street to match the fence on lot 18. Also no permanent or temporary building be built on the 40 foot property line to Victoria and Mr. Robinson sign a covenant that no building would be built. Councilman Wood asked Councilman Cavanaugh if he wished to mention the end of the 40 foot back to lot 18, Mr. French's fence line. o Councilman Cavanaugh stated he wanted a fence built just as Mr. French explained; from Victoria to the back of his property and from the west of Mr. Robinson's property to the east of Mr. French's property. Mr. Anderson stated Councilman Cavanaugh had mentioned changing the building line to back 40 feet from the curb. Mr. Anderson asked Councilman Cavanaugh to amend the motion to read building line of 30 1/2 feet. Councilman Cavanaugh amended his motion to state same. Mayor Faram instructed Mr. Anderson to see that the covenant was written to take care of the desire of the Council. Motion to approve carried 4-1; Councilmen Wood, Michener, Cavanaugh and Freeman voting for; Councilman Mills voting against. 7. ~1ayor Faram advised the Council the Planning and Zoning Commission recommended approval of this request. Councilman Wood moved, seconded by Councilman Freeman, to approve PS 79-49. Councilman Mills asked what was being changed on the plat. r~r. Anderson stated the current plat shows 2 lots, this plat will make lots 1 and 2 one lot. Motion carried 5-0. 8. Councilman Cavanaugh moved, seconded by Councilman Wood, to approve PS 79-44 subject to Engineer's letter. Motion carried 5-0. 9. Councilman Cavanaugh moved, seconded by CouncilnJan Michener, to approve PS 79-51, subject to the City Engineer's letter. Mr. Gary Teague, Engineer, appeared before the Council. Mr. Teague stated he would like to speak to the comments in the City Engineer's letter pertaining to pro rata on water and sewer. & Mr. Teague stated they would like to ask the Council to waive the pro rata on the existing water and sewer. Richland High School was in the area the plat covered and the water and sewer was put in in 1962. At the time the school complied with all the requirements that were necessary in relationship to streets' and utilities. Mr. Teague stated another comment raised by the Engineer's was in relationship to future pro rata for water installation along Loop 820, which would be on the south end of the school property then along Reynolds Road on the west side, then along Nor East on the north. Mr. Teague stated the City's Master Plan did not call for water lines at these locations. Mr. Teague stated it seemed quite possible that as the property to the west of the school developed, more than likely water lines would be installed in these locations; in relationship to these possibilities the recommendation was to possibly escrow money at this time. Mr. Teague stated he would like to recommend the Council waive an escrow in relationship to any water line along Loop 820 adjacent to the school playground. A water line along that location would not benefit the school. Mr. Teague stated that in relation to any water lines that may be installed on Reynolds Road and Nor East, the school requests that August 13, 1979 Page 8 PS 79-49, REQUEST OF WM. A. HELFMAN ADD., FOR REPLAT OF LOT 16R, BLOCK 6, HOLIDAY HEIGHTS ADDITION APPROVED PS 79-44, REQUEST OF JOHN M. HALL FOR FINAL PLAT OF LOT 13, BLOCK 12, RICHLAND TERRACE ADDITION APPROVED PS 79-51, REQUEST OF BIRDVILLE I.S.D. FOR FINAL PLAT OF LOT 1, BLOCK 48, RICHLAND TERRACE ADDITION APPROVED August 13, 1979 Page 9 rather than escrow being required at this time the Council permit the school to enter into a letter of covenant to pay their share at such time the lines are installed. Mr. Teague stated another item was mentioned in the Engineer's letter in regard to a possible sewer easement along the north line of the school property which is also bounded by Texas Electric right-of-way. The school is ready to cooperate in that regard but they do have a parking lot there and if it is possible at the time the sewer is installed to get the easement from Texas Electric and it would be the school's preference that this be done. Mr. Teague stated that if for some reason Texas Electric was unable to offer an easement for sewer because of proposed improvements on their right-of-way then the school would be willing to cooperate. Councilman Cavanaugh asked Mr. Teague what future water lines on Loop 820 was he talking about. Mr. Teague replied the portion that abutts school property from Holiday Lane to Reynolds. Councilman Cavanaugh asked if this was the line he was asking for a covenant on. Mr. Teague stated no; on the segment along Loop 820 he was asking that the Council waive any future pro rata there because it is undeveloped property for the school. That portion is where the playground is located and their development was located at the other end of the property. '" Mr. Teague stated the school would excute a letter of covenant for Reynolds Road and Nor East. Mayor Faram asked Mr. Bronstad, Director of Utilities, to come before the Council. Mayor Faram asked how long the line in the Service Road had been in existance. Mr. Bronstad stated there was no line in the Service Road at the present time. Mr. Bronstad stated the line was on Holiday Lane and had been put in some time in 1950. Mayor Faram asked Mr. Bronstad if there were plans to put a line on Loop 820. Mr. Bronstad replied yes. Mayor Faram asked if it had not been the policy of the Council that all property owners adjoining, for-any lines that go in pay pro rata. Mr. Bronstad replied that was correct. t1ayor Faram asked if the same would hold true on Reynolds Road. August 13, 1979 Page 10 Mr. Bronstad replied yes. Mr. Anderson stated that a previous Council Policy had been that if that particular property was already being served by water and sewer such pro rata was applicable. fir. Bronstad stated that was correct. the line in Reynolds Road years ago. again they will have to pay pro rata. The school had paid for If they tie into the line Councilman Cavanaugh stated that Mr. Teague stated the school would not have a need for water facilities on the south end of their property. Councilman Cavanaugh stated he wanted a covenant so the Council would have'some control over what happened to' the property. Councilman Wood stated his concern was that the issue was being missed; the school was calling for a covenant on two roads and a waiver on the other. Councilman Cavanaugh stated the waiver was for Comment One of the Engineer's letter, Loop 820. Councilman Wood asked if the Coúncil waived gny authority and at a later date, the school builds a structure on that end of the field, does the Council have any recourse of getting any pro rata. o Mr. Bronstad stated if the school asked for another tap they would be paying pro rata share at the time of the tap. Councilman Wood asked if the school changed their minds then would the wavier be null and void and would they have to pay pro rata and a tap fee. Mr. Bronstad stated that was correct. Councilman Cavanaugh stated that Comment One was pertaining to Holiday Lane not future water lines. Councilman Cavanaugh stated he wanted to keep that pro rata and was in favor of waiving Holiday Lane and not in favor of waiving Comment Three, the sewer easement. Mayor Faram asked Mr. Bronstad if the school ever wanted to tap the line on the south end of the school would they have to pay pro rata with the tap. Mr. Bronstad replied yes. Councilman Cavanaugh stated his concern was that if two or three future Council's down the road the school decided to build something and they said they had already tapped the line and did not have to pay pro rata. Councilman Cavanaugh stated the Council was making variances and he felt they should stick to their beliefs on this issue. Councilman Cavanaugh stated the school paid for the line on Holiday Lane and a waiver would August 13, 1979 Page 11 be all right, but on the new line on Loop 820 a letter of covenant was needed. Mr. Bronstad stated that was correct if there was a letter of covenant there would be something filed of record. Mr. Anderson asked if the Council wanted a covenant on Item 3. Councilman Cavanaugh stated yes. Councilman Cavanaugh withdrew his motion. Councilman Michener withdrew his second. Councilman Cavanaugh moved, seconded by Councilman Woad, to approve PS 79-51, with a waiver on Comments Three and Five of the Engineer's letter and a letter of covenant to apply to Comments Four and Six. Councilman Cavanaugh asked r1r. Bronstad if the school could tap Holiday Lane to supply water to any portion of their property without going through Loop 820. Mr. Bronstad replied yes, but anytime the school asked for a tap they would have'to pay pro rata on any line they want to'tap. Councilman Cavanaugh asked if he were to change his motion to state pro rata on any future line of Loop 820, any tap the school made they would have to pay pro rata. Mr. Bronstad stated that was correct. Councilman Cavanaugh amend his motion, seconded by Councilman Freeman, to state subject to the Engineer's letter and covenant for pro rata. (;¡; Amended motion carried 5-0. 10. Mayor Faram stated the Planning and Zoning Commission had recommended approval of this request subject to the Engineer's comments being cleared before going to Council. Mr. Anderson advised the comments in the Engineer's letter had been met. Councilman Mills moved, seconded by Councilman Wood, to approve PS 79-53. PS 79-53, REQUEST OF BEDFORD-EULESS JOINT VENTURE FOR FINAL PLA OF LOTS 1,2,3 & 4, BLOCK 1, COCHRAN ADDITION APPROVED Motion carried 5-0. August 13, 1979 Page 12 11. Mayor Faram advised this item would be postponed, for lack of a full Council. Motion carried 5-0. PUBLIC HEARING APPEAL HEARING FOR PZ 79-22, REQUEST OF ELMER ALLISON TO REZONE TRACT 3A, ABSTRACT 1150 FROM AGRICULTURE TO 1F-9-0NE FMlIL Y DVIELLING WITH A NINIMU~1 OF 1500 SQUARE FEET FLOOR SPACE POSTPONED CONSIDERATION OF ORDINANCE FOR PZ 79-22 POSTPONED AUTHORIZATION TO PAY LARRY W. DIXSON, ARCHITECT FOR SERVICES RENDERED ON PROPOSED CENTRAL FIRE STATION APPROVED CONSIDERATIDN OF PLAN AND SPECIFICATIONS ON PROPOSED CENTRAL FIRE STATION AND AUTHORIZATION TO GO OUT FOR BIDS APPROVED 12. Mayor Faram advised this item would be postponed until September 10, 1979. 13. Councilman Mills moved, seconded by Councilman Wood, to authorize payment ot Mr. Larry Dixson in the amount of $7,700., to be paid from Revenue Sharing. ç 14. ~1r. Larry Dixson, Architect, 7001 Grapevine High\'Jay, appeared before the Council. Mr. Dixson advised the Council the drawings for the Central Fire Station were almost complete with just a few details to be completed. Mr. Dixson stated the estimate at this point was $380,000. with some things still being considered. Mr. Dixson stated he would like to put the station out for bids next week. Mayor Faram asked Mr. Dixson if he was proposing alternates. Mr. Dixson stated no, there had been some items in the estimate listed by the estimator in the form of taxes anrl 2 Federal funded project was not taxable. If the taxes had notn figured in the estimate would be $16,000.00 less. Mr. Dixson stated State and local taxes are normally not applicable in a project like this one. Councilman Freeman asked if taxes were figured because it was being funded by Revenue Sharing. Mr. Dixson stated no, there was not supposed to be any taxes. figured. Mr. Dixson stated the estimator was in the process of taking the taxes out. Councilman Mills gave a report on the size and lay-out of the building. Councilman Freeman moved, seconded by Councilman Wood, to approve plans and specifications on the Central Fire Station and authorize the letting of bids. Motion carried 5-0. 15. Councilman Freeman moved, seconded by Councilman Mills, to pay Knowlton-English-Flowers $9,897.18 for plans and specifications for Fossil Creek Park. Mayor Faram called a ten minute recess so the plans for the park could be reviewed. Mayor Faram called the meeting back to order and the same Council Members and Staff were present as recorded at the beginning of the meeting. Motion to approve carried 5-0. Mayor Faram asked the Council to authorize the City Manager to get the sound system fixed in the Council Chamber. All members were in agreement to have Mr. Paul to check into the sound system. 16. Mr. R. Lee Gray, Azle, Texas, appeared before the Council. ~ Mr. Gray stated Edisons had contacted him concerning hauling their paper products to a recycling plant. Mr. Gray stated he contacted the City Manager in reference to this and was advised he would have to appear before the Counci 1 for a franchi se. r1r. Gray stated he would be acting as a broker. He would haul the paper to a plant on North Side Drive. Mr. Gray stated hauling the paper for Edisons would not be any different than people that haul old autos and etc. Mayor Faram asked Mr. Gray if he would be hauling the paper for recycling only. Mr. Gray replied yes. Mr. Anderson asked Mr. Gray if he was applying for a franchise. Mr. Gray replied he was not interested in a franchise. Mr. Anderson stated the city's ordinance required anyone hauling refuse in the city had to have a franchise. A franchise could not be given unless residential refuse service was offered. Augus t 13, 1979 Page 13 AUTHORIZATION TO PAY KNm~L TON- ENGLISH-FLOWERS, INC., $9,897.18 FOR PLANS AND SPECIFICATIONS FOR FOSSIL CREEK PARK APPROVED BACK TO ORDER CONSIDERATION OF GRAY'S CONTAINER SERVICE REQUEST TO HAUL PAPER FROM EDISONS DENIED August 13, 1979 Page 14 Mr. Gray asked if the metal haulers had a franchise. Mr. Anderson replied no. Mr. Mickey Flood, SCA Service, appeared before the Council. Mr. Flood stated his company offered service for hauling recycling goods. Mr. Flood stated whoever they hauled the goods for got the check. Mr. Flood stated the city ordinance referred to cardboard but not to metal. Councilman Michener asked Mr. Flood if he would be hauling refuse for Edisons. Mr. Flood stated he had tried to contact Edisons several times and had been unable to talk to anyone. Councilman Wood asked Mr. Flood if he offered the same type service Mr. Gray did. Mr. Flood replied yes. Councilman Wood asked Mr. Flood if he wanted to get a compactor how long would it take to get one. Mr. Flood stated he could get one the next day. Councilman Wood asked Mr. Flood where some of SCA'S compactors were located in the city. Mr. Flood stated there were four at North Richland Plaza, 0~2 at Sanger Harris and one at Richland Plaza. Go' Councilman Wood asked Mr. Flood if he was hauling refuse for everyone in the shopping center where Edisons was located except Edisons. Mr. Flood replied yes and he had tried to contact Edisons. Councilman Michener moved, seconded by Councilman Mills, to deny Mr. Gray's request. Mayor Faram asked what procedure would have to be done to get a franchise. Mr. Anderson stated the company would 'have to have to post a bond. Mr. Paul stated the company would also have to haul residential and commercial refuse. Councilman Wood asked the Staff to contact Edisons and see if they have a difference of òpinion,also look into the other specialized haulers \'ho may be in violati.on of the ordinance. Motion to deny carried 5-0. 17. Mr. Paul stated the city had advertised eight pieces of property located in various parts of the city and some outside of the city. Two pieces of property located in Hurst had only one bidder, the city of Hurst bid $100.00 for Tract 4, 50x50; $4,000.00 for Tract 3, 100x88.7. There was only one bid received on the 13 lots in Irish Meadows, Mr. Marvin Smith bid $71,500.00, $5,500.00 a lot. Mr. Jerrell Newton bid $2,050.00 for Tract 2, located in Hatauga. Mr. L. G. Martin, Bob Ward Charles Jendel and D. Eddy bid $64,467.02 for Tract 8, 7.948 acres located on Bursey Road. There were no bids received on the other property. Mr. Paul stated the bid for Irish Meadows did not include taking care of the drainage ditch. Mr. Paul stated he recommended approval of all bids. Councilman Mills asked Mr. Paul if he had an estimate on how much the city should have gotten for each one of the pieces of property and what minimum the city could accept. Mr. Paul stated he discussed the property on Bursey Road and in Irish Meadows with the Tax Assessor and he said the lots in the area where the thirteen lots are located, sold for $5,325.00 a lot and for $5,083.00 a lot in 1978. The Tax Assessor anticipated some increase for 1979, but the price at $5,500.00 was adequate. G" Councilman Mills asked if there was a bid on the house. Mr. Paul stated there was no bid received on the house. Councilman Mills asked if the 7.948 acres and house together. t1r. Paul replied they were listed separate. Couvcilman Freeman asked how much the drainage would cost for' the property in Irish r1eadows. August 13, 1979 Page 15 CONSIDERATION OF BIDS FOR SURPLUS CITY PROPERTY '\ Mr. Paul stated a price had not been given for that drainage work. Mr. Anderson stated the contractor working in the area was contacted and if the channel was done at this time he would do it for the same price per foot as last year. Mr. Anderson stated he did not remember the price. Councilman Freeman stated he would rather get a price on how much it was going to cost to fix the drainage before the bids were approved. Mayor Faram stated he recommended accepting the first three bids and hold the last two until a price could be given on the drainage. Councilman Wood moved, seconded by Councilman Freeman, to approve the bids on the property located in Hurst (Tracts 3 & 4) and the property located in Watauga (Tract 2). Motion carried 4-1; Councilmen Mills, Freeman, Wood and Michener voting for; Councilman Cavanaugh voting against. 18. City Manager Paul stated it was almost time to renew the present contract. He had checked some prices with different companies and felt the city could get a better price by letting the contract out for bids. Councilman Cavanaugh moved, seconded by Councilman Michener, to approve specifications and authorization to go out for bids. Motion carried 5-0. <> 19. Mr. Allen Bronstad, Director Utilities, appeared before the Council to speak on this item. Mr. Bronstad stated this line would serve the development on Hightower Drive. The City Engineer and the Developer came up with an estimate on the cost of the line, cost to the city would be approximately $60,000. Mr. Bronstad stated he recommended approval of the 2411 line being installed. Mr. Bronstad stated if Watauga purchased their part of the system this would be a main line from the Watauga booster station. This line is also shown on the Master Plan. Mayor Faram asked if the line would be paid for with Bond funds. Mr. Bronstad stated the line would be paid for out of surplus. Councilman Michener moved, seconded by Councilman Mills, to approve the city partication on the 2411 water line. Councilman Cavanaugh asked what Foster Financial would have to pay. Mr. Bronstad ,Foster Financial would have to pay approximately $22,000. Councilman Mills asked if the city would be able to recoupe any monies. Mr. Bronstad replied no. August 13,·1979 Page 16 CONSIDERATION OF SPECIFICATIONS FOR JANITORIAL CONTRACT FOR CITY HALL AND AUTHORIZATION TO GO OUT FOR BIDS APPROVED CONSIDERATION OF REQUEST OF FOSTER FINANCIAL CORP. FOR THE CITY TO PARTIC- PATE IN THE COST OF PROPOSED 2411 WATER LINE ACrOSS THE THOMAS TRACT WATAUGA APPROVED Councilman Mills asked if it would be in the best interest of the city to participate on the line. Mr. Bronstad stated yes. Motion carried 5-0. 20. Councilman Michener moved, seconded by Councilman Wood, to authorize Knowlton-English-Flowers to proceed with the plans and specifications for Booth Calloway low water crossing. Motion carried 5-0. '" 21. Councilman Cavanaugh moved, seconded by Councilman ~1ills, authorize Knowlton-English-Flowers to upgrade plans and specifications for Harmonson Road, Bewley, Orient and Flory. Mr. Anderson stated there was about $810,000.00 in the CIP account. After fixing Booth Calloway there would be approximately $438,000.00 left to upgrade streets named in the Bond Program that were never done. Mr. Anderson stated he wanted to update on Flory Street, estimated cost would be $313,024.00 including utilities. Mr. Anderson stated he wanted to do Harmonson Road from Scruggs to Dawn Drive, Bewley from Webster to Tourist and Orient from Webster to Tourist. Mayor Faram asked Mr. Anderson if he had an estimate for the cost of th2 crossing on Booth Calloway. Mr. Anderson stated it would cost approximately $372,000.00 for the crossing. Mr. Anderson stated he would not start the street program until he had the bid in hand for the Booth Calloway crossing. Councilman Mills asked why Booth Calloway Road was not being fixed. Mr. Anderson stated the street would be fixed along with the low water crossing. The County was going to participate on the street. Mayor Faram stated he wanted the intent carried out on Booth Calloway. Motion to approve carried 5-0. August 13, 1979 Page 17 CONSIDERATION OF AUTHORIZATION FOR KNOWLTON-ENGLISH- FLOWERS TO PROCEED HITH PLANS AND SPECIFICATIONS TO ELIMINATE THE LOW WATER CROSSING ON BOOTH CALLOWAY APPROVED CONSIDERATION OF AUTHORIZATION FOR KNOWLTON-ENGLISH- FLOHERS TO PROCEED WITH PLANS AND SPECIFICATIONS TO UPGRADE HARMONSON ROAD, BEWLEY, ORIENT AND FLORY APPROVED 22. Councilman Michener moved, seconded by Councilman Wood, to pay Estimate No. One to Joe R. Starks Construction Company in the amount of $16,823.98. Motion carried 5-0. 23. Councilman Michener moved, seconded by Councilman Wood, to pay Estimate No. One to Atkins Brothers Equipment Company in the amount of $44,948.77. Motion carried 5-0. 24. Mayor Faram advised the Council this was a Mayor's appointment and he would like to re-appoint Mr. J. Fred Davis and Mrs. Mattie Belle Lewis to the Library Board for two year terms. All Council Members were in agreement with Mayor Faram's appointments. 25. Mayor Faram adjourned the meeting of August 13, 1979. August 13, 1979 Page 18 AUTHORIZATION TO PAY ESTIMATE NO. ONE (1) FOR WA T AUGA PARALLELING TRUNK SEWER TO JOE R. STARKS CONST. CO. INC., IN THE AMOUNT OF $16,823.98 APPROVED AUTHORIZATION TO PAY ESTIMATE NO. ONE (1) FOR UTILITY ADJUST- MENTS ON DAVIS BLVD., TO ATKINS BROTHERS EQUIP., CO., IN THE..At-100NT OF $44,948.77 APPROVED REAPPOINTMENT OF MR. J. FRED DAVIS AND MRS. MATTIE BELLE LEWIS TO THE LIBRARY BOARD FOR TWO YEARS APPROVED ADJOURNMENT . ø4' 1_ - . ~ ~.../~ ick Faram - Mayor ATTEST: j