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HomeMy WebLinkAboutCC 1979-09-23 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, SEPTEMBER 24, 1979 - 7:30 P.M. 1. Mayor Pro Tem Cato called the meeting to order September 24, 1979 at 7:30 p.m. CALL TO ORDER 2. PRESENT: James F. Cato Jim Wood John Michener Denver Mills Dave Freeman Mayor Pro Tem Counei lmen ROLL CALL STAFF: Tom Paul Jeanette Moore Richard Albin Rex McEntire Jim Anderson Margie Nash City Manager City Secretary City Engineer City Attorney Director Public Works Planning and Zoning Member ABSENT: Dick Faram Sid Cavanaugh Lena Mae Reeder Mayor Councilman Councilwoman 3. The invocation was given by Councilman Freeman. 4. Councilman Wood moved, seconded by Councilman Mills, to approve the minutes of September 10, 1979: INVOCATION Councilmen Wood, Mills and Freeman voting for; Councilman Michener abstaining due to absence from the meeting. APPROVAL OF MINUTES OF THE SEPTEMBER 10, 1979, REGULAR CITY COUNCIL MEETING Mayor Pr.o Tem Cato instr.ucted the City Secretary to place the minutes of September 10, 1979, on the agenda for the next meeting·for confirmation. 5. Councilman Wood moved, seconded by Councilman Michener, to approve the minutes of the September 18, 1979, Special Council meeting. Councilmen Wood and Michener voting for; Councilmen Freemen and Mills abstaining due to absence from the meeting. Mayor Pro Tem Cato instructed the City Secretary to place the minutes of September 18, 1979, on the a~enda for the next'meeting for confirmation. APPROVAL OF MINUTES OF THE SEPTEMBER 18, 1979, SEPCIAL CITY COUNCIL MEETING September 24, 1979 Page 2 6. Mayor Pro Tem Cato called for Mr. Bobby Mathis to please come forward. Mayor Pro Tern Cato presented Mr. ~~this with a service pin and certificate for fifteen years of service in the Utility Department. Mayor Pro Tem Cato on behalf of the Council thanked Mr. Mathis for his service. PRESENTATION OF SERVICE PINS AND CERTIFICATES TO BOBBY MATHIS-FIF.TEEN YEARS; JEANETTE MOORE TEN YEARS; AND MIKE DUNCAN-FIVE YEARS Mayor Pro Tern Cato called for Mrs. Jeanette Moore come forward. Mayor Pro Tem Cato pr~eseiîted Mi~S .t4oore with a service pin and certificate for ten years of service with the Administration Department. Mayor Pro Tern Cato thanked Mrs. Moore for her service. " Mayor Pro Tern Cato called for Mr. Mike Duncan to please come forward. Mayor Pro Tern Cato presented Mr. Duncan with a service pin :and certificate for five years of service with the Fire Department. Mayor Pro Tern Cato thanked Mr. Duncan for his s·ervi·ce. 7. Mr. Paul stated this item had been listed as $95.00 on the agenda. The total bill was $96.40. Mr. Paul stated this bill was for sewer back-up in ~1rs. Broholms I house. The Insurance Company refused to pay the ciaim and he felt the city was responsible for the sewer back-up and should pay for the bill. Mr. Paul stated he recommended the Council approve payment of the bill. Mayor Pro Tern Cato asked how long it took the crew to respond ~to the ca 11 . Mr. Paul stated the crew responded to the call quickly, but their equipment was not large enough. They had to go next door and cut a hole in the line to get to Mrs. Broholm la. house. Because of the time delay the sewer baéked up in the house. Councilman Michener moved, seconded by Councilman Wood, to authorize payment of $96.40 to Mrs. Broholm for sewer damages. AUTHORIZATION TO PAY MR. & MRS. BROHOLM $95.00 FOR SEWER BACKUP DAMAGES APPROVED Motion carried 4-0. . .. September 24, 1979 Page 3 8. Mr. Jack Roseberry, 7704 Bogart, appeared before the Council to represent this case. Mr. Roseberry stated they had been working on plans to build mini-warehouses on this property. Mr. Roseberry stated there was one item he questioned, that being paying the pro-rata on the water line. Mr. Roseberry stated the water line had been in for a number of years. Mr. Roseberry stated he would like to ask the Council to waive the pro rata for the water line. Mr. Roseberry stated they were going to extend the sewer up to the property. PS 79-56, REQUEST OF CURTIS RAMEY FOR FINAL PLAT OF LOTI, BLOCK 33, COLLEGE HILL ADDITION APPROVED Councilman Freeman asked Mr. Roseberry if he objected to paying the pro rata for the water line. Councilman Freeman asked if there was a tap located there at the present time. Mr. Roseberry stated he !objected to paying the pro-rata and there was a tap there now but no meter. Councilman Wood asked the size of the present water line. Mr. Roseberry stated he did not know the size of the existing water line. Councilman Wood asked if what was going to be built on the lot would require~ larger line. . Councilman Mills stated that Mr. Roseberry's letter indicated he did not object to the pro-rata on the water line. Mr. Roseberry stated the letter was written before he knew about the existing line. Mr. Roseberry stated the Counci1 had waived the pro rata on previous cases where the water line was already in existance. Councilman Freeman asked that the policy on e~isting lines be defined. Director of Public Works Anderson stated that when the line was already.inexlstence it was not assessed. Mr. Anderson stated there was a residence on the property at one time mini-warehouses were planned (.;for the property .10W. City Manager Paul stated that anytime the property changed pro-rata was required. Councilman Mills asked if there was a change in use of the property was the pro-rata different. Mr. Anderson stated that if min~warehouses were built on the property there would be very little water used. <- Councilman Mills moved, seconded by CouncilmanòWood, to approve PS 79-56, subject to the Engineer's comments except item #3. Motion carried 4-0. 9. Mayor Pro Tern Cato opened the Public Hearing on PZ 79-30 and called for anyone present wishing to speak in favor of this request to please come forward. Mr. Dave Horan, President Ctosson Dannis, Inc., appeared before the Council to present .this request. Mr. Horan stated they were now leasing the building but planned on purchasing. Mr. Horan· stated there had been a permit granted to Dos Gringo'.s just west of Crosson Dannis-and a permit was issued·to Bennigan's -to the east. Mr. Horan stated Crosson was not a fast food place. It was the type of resturant you would go to on your way somewhere or coming home. Mr. Horan stated they had restaurats in Arlington and Fort Worth and the alcoholic beverage sales were only about 20%. Councilman Wood stated the Council had in thepast~ranted a specific use permit in name only and if the establishment changed owners the permit was void. Councilman Wood asked Mr. Horan the name of his Company. Mr. Horan stated the company's. name was Daniels restaurants America. Councilman Wood asked Mr. Horan if he would object to the specific use permit being issued solely and:jciintly to him and Crosson-Dannis. Mr. Horan stated he would not object. Councilman Mills asked Mr. Horan if he had any kind of plan the Council could look at. Mr. Horan asked Mr. !Charles Dennis, owner, to come before the Council. Mr. Charles Dennis, Owner, 8350 North Central Expressway, Dallas, appeared before the Council. Mayor Pro Tern Cato asked Mr. Dennis how many the restaurant would seat. Mr. Dennis replied about 150 people. September 24, 1979 Page 4 PUBLIC HEARING, PZ 79-30, REQUEST~OF CROSSON DANNIS, INC., TO REZONE A PORTION OF TRACT 11, ABSTRACTi 1606, FROM COMMERCIAL TO COMMERCIAL-SPEC- IFIC USE-SALE OF ALCOHOLIC BEVERAGE September 24, 1979 Page 5 Councilman Mills asked Mr. Dennis what type of food he would serve. Mr. Dennis stated they would serve family type meals. Mayor Pro Tern Cato asked Mr. Dennis if he was familiar with the City Ordinance pertaining to the sale of alcoholic beverage and was he aware he had to keep his books available to the city. Mr. Dennis stated he was aware of the ordinance. The bar in the resturant would be a service bar for the waitress only and those waiting to be seated. Councilman Mills asked Mr. Dennis if his restaurant was the only one between Dos Gringos and Bennigans. Mr. Anderson stated this restaurant was located on Lot 2, Cochran Addition. There was a lot between this restaurant and the others. Mayor Pro Tern Cato called for anyone in opposition of this request to please come forward. . There being no one appéaring tnoppostion of this request, Mayor Pro Tern closed the Public Hearing. 10. Councilman Wood moved, seconded by Councilman Freeman, to approve Ordinance No. 776, PZ 79-30, Lot 2, Cochran Addition, contingent on the lot being occupied by Daniel's Restaurant. If property is not occupied by the business named, specific use permit shall become 'void and the zoning shall revert back to commercial. Motion carried 4-0. 11. Mayor Pro Tem Cato opened the Public Hearing and called for anyone present wishing to speak in favor of this request to please come forward. Mr: Arledge, 24 Crown Place, Richardson, appeared before the Council. Mr. Arledge stated he planned to purchase this property subject to approval of the zoning. Mr. Arledge stated he planned to have a car rental agency and also sell used cars. Mr. Arledge stated he would pay his pro rata share of sewer and water. Councilman Michener asked what type of cars Mr. Arledge would have on the lot. PUBLIC HEARING, PZ 79-31, REQUEST OF ROY A. GIFFORD AND E. K. ARLEDGE TO REZONE TRACT lOB, ABSTRACï 1606, FROM COMMERCIAL TO COMMERCIAL-SPECIFIC USE- SALE OF USED AUTOS AND CAR RENTAL Mr. Arledge stated the cars would be one year old. He I . would sell the rent cars from Hertz. Councilman Mills asked where the building would be located on the lot. Mr.,\Ar~edge stated the building would be in the middle of the lot towards the back. Councilman Wood asked Mr. Arledge if he planned on having any auto repair. Mr. Alredge stated he did not plan on any auto repair. He would have a car wash so he could keep the cars clean. Mayor Pro Tem Cato called for anyone to speak in opposition to please come forward. There bèing no one to speak in opposition, MayornPro Tern Gato closed the Public Hearing. 12. Councilman Freeman moved, seconded by Councilman Wood, to deny PZ 79-31, Ordinance No. 777. Motion carried 3+1; Councilmen Freeman, Wood and Mills voting for; Councilman Michener voting against. 13. Councilman Wood moved, seconded by Councilman Mills, to deny PS 79-58. Motion carried 4-1. M\~. Alredge asked the Council if had any recourse. Mayor Pro Tern Cato advi sed Mr. A 1 redge to get wi th the City Staff to see if anything could be worked out. 14. Mayor Pro Tern Cato advised the Council there were three different ordinances pertaining to this item. One is dealing with the wrecker service as it now exist$allowing for storage -within. one mile of the City Limits of North Richland Hills. Number twq is an èxcl'usive North Richland Hills Wrecker Ordinance. Number three isa contract to be a single operator. Mr. Chuck Williams, Police Chief, appeared before the Council. Chief_Williams stated that at the last Council meeting he was requested to draw-up not only a contract but also an ordinance for one service. September 24, 1979 Page 6 CONSIDERATION OF ORDINANCE FOR PZ 79-31 ORDINANCE NO. 7ïï DENIED PS 79-58, REQUEST OF ROY A. GIFFORD A~~ E. K. ALEDGE FOR FINAL PLAT OF LOT 4~ BLOCK 1, NORTH RICHLAND HILLS STATION ADDITION DENIED CONSIDERATION OF ORDINANCE CONCERNING WRECKER SERVICE AND RATES ORDINANCE NO. 778 September 24, 1979 Page 7 Chief Williams stated he had been requested to change the current ordinance so all wrecker companies could comply. Chief Williams stated:he was also requested to make a change. in the ordinance on the fence making,the.fence.besolid wooden, metal of brick. Chief Wìlliams stated the change had been made under Section One, Number Four. Chief Williams stated in the same Section he had added that one approved wrecker shall be maintained in the city limits of North Richland Hills at all times. Chief Williams stated if the Council did not go with th~ franchise contract the ' requiremèn~would have to be taken out of the ordinance. Councilman Mills asked Chief Willimas why the requirement would have to be taken out of the ordinance. Chief Williams stated it would be impossible for Parker or AA to meet the requirement of one wretker to,béin the City Limits of North Richland Hills at all times because they were both outside thè City Limits of North Richland Hills. Counci1man t1ills asked if this requirement was in the original 'ordinance and if it 'had been enforced in the past. Chief Williams stated it was in the original ordinance and had not been enforced. Mayor Pro Tem Cato asked Chi ef \4i 11 i ams if there was any, reàson. forrequj ri ng one wrecker to be maintained in the city at all times, from a Police Department standpoint. Chief Willìams replied it was response time. Mayor Pro Tern Cato asked Chief Williams if he had the figure on the response time of the two wrecker companies that were located in the city. Chief Williams stated Gothard's response time was about 14.5 minutes and Northeast about 10 minutes. Mayor Pro Tem Cato asked if from a Police standpoint there was any rßason for a solid fence. Chief Williams stated a solid fence was needed for security reasons. Councilman Michener asked Chief Williams if there had been in problems of people breaking in where chain link fences were used. September 24, 1979 Page 8 Chief Williams replied not very many had break-ins. Councilman Wood asked Chief Williåms if he had trouble with impounçied vehicles being tampered with or with paper work. Councilman Wood stated there seemed to be some sort of problem with using four wrecker companies. Chief Wiìliams stated one single wrecker service would reduce paperwork; it would"be one place to store cars. When the Pólice Department held their auctions they could be held at one place instead of four.and there would be greater control. Chief Wi lliams s.tated the Pali ce Department had just recently taken over wri ti n9 wreckerpermi ts. It had been handl ed by' another di vi s ion. _ Another problem had been that some of .the wr.eckers paper work was not up to date. The State Law requires that after 10 days' every vehicle that has been pulled" in North Richland Hills is to be recorded with the Police Department~ This has ohly been by one wrécker service. Chiêf Williams stated that vehicles had been released without a release slip. Councilman Wood asked Chief Williams if he would state why he thought a single wrecker service would be better for the city and/or on a bid basis. Chief Williams stated it would cut administrative cos t and gi ve one person· to -go to. Chief Williams stated one wrecker company had been moved for three weeks before the Police Department was notified. Mayor Pro Tern Cato stated that Chief Williams had budgeted for an auto pound in this year's budget. Chief Williams advised it was not budgeted for. September 24, 1979 Page 9 Councilman t'1ills asked Chief t~illiams if he had any way, through the present ordinance, to call attention to the wrecker companies that they are in violation of sections of the Ordinance. Maybe they could be suspended from the rotation list until they complied with the ordinance. Chief Williams stated this had been done. The ordinance had not been enforced since 1974 and it was not the wrecker owners fault. Chief Williams stated under the present ordinance every wrecker service in the city is currently legal except in one area and that was the definition of solid fence. The ordinance states a solid fence would be around the storage facilities. Councilman Mills asked if the present ordinance was retained, with some modification that the Chief needed, did he think he could make it work with four wrecker companies and have a manageable system. Councilman Mills asked Chief Williams if the city was losing money on the It/reckerservi ceo I f so, maybe the fee was too low. Councilman Mills stated the Council had expressed their viewpoint on this matter at least twice and seems to have to keep coming back discussing it. Councilman Mills stated after the ordinance was acted on tonight whatever the decision was, the Chief should, personally administer it so the Council does not have to come back again and take action. Councilman Mills stated he felt there was enough room for all four wrecker services to operate in the City. Chief Williams stated he had no doubt they would go forward if that was what the Council wanted. Chief Williams stated he would administer anything the Council wanted administered. Chief Williams stated considering the size the city was getting to be, the Council needed to think ahead concerningB central pound. Councilman Freeman asked if the proposed ordinance would regulate the calls initiated by the Police Department and what would happen to the other calls. Chief Williams stated the proposed ordinance would involve a Police call. At an accident a citizen can request a wrecker and they can come in from outside and pull. The ordinance does regulate Police calls. Councilman Freeman asked if ordinance 1 & 2 dealt only with Police calls. Chief Williams stated that under ordinance 2 all firms, partnerships or corporations that are located within the corporate limits of North Richland Hills will have to have a permit from the city. Councilman Freeman stated the franchise would. not effect someone with a wrecker service, other than calls initiated by the Police Department. Chief Williams replied that was true. Councilman Freeman asked Chief Williams how he intended to award a franchise, wduld it be on a bid basis. Chief Williams stated he was not familar with a franchise. The C~ty of Hurst did it on a bid basis. Councilman Freeman asked Chief Williams if he had any objections to a franchise. Chief Williams replied no. Councilman Wood asked if the Staff had a recorrmend~tion. Chief Uilliarns stated he was in favor of a franchise. Mayor Pro Tem Cato asked the Council to state whiCh ordinance they would like to have to narrow it down to one for passage. Mayor Pro Tern Cato stated Ordinance No. 1 stated the wrecker service had to be within one mile of City Limits of North Richland Hills; Ordinance No.2 stated there would be only two wrecker services in the City; and Ordinance No. 3 was the franchise. Councilman Mills stated he preferred Ordinance No.1, Councilman Wood stated he preferred Ordinance No.3; Councilman Michener preferred Ordinance No.1 and Councilman Freeman stated he preferred Ordinance No.3. Mayor Pro Tern stated he preferred Ordinance No.1, ther.efore the Council would go with Ordinance No.1. City Attorney McEntire stated there were a couple of items the Council should be made aware of. Mr. McEntire stated he would venture to say the Council probably was not going to be able to require a wrecker permit as such except for the item of getting the Police calls. Mr. McEntire stated he thought the city would not be able to discriminate against a wrecker service that is located within the city as opposed to one that is located outside the city and require a permit. Mr. McEntire stated he thought the old ordinance was invalid. Mayor Pro Tem Cato asked Mr. McEntire in what respect the old ordinance was invalid. Mr. McEntire stated the old ordinance says if you operate a wrecker located within the city you have to have a permit, if you are outside the city you do not have to have a permit. September 24, 1979 Page 10 Councilman Freeman recognized Mr. Otis Gothard. Mr. Gothard, 7351 Riveria, North Richland Hills, appeared before the Council. Mr. Gothard stated the surrounding cities did require permits. Mayor Pro Tern Cato asked Mr. Gothard if he had ever been in another city and questioned about a permit. Mr. Gothard stated he had received a ticket for no permit in another city. Mr. Gothard stated he did not feel one wrecker service could handle the city. Mr. Gothard stated the ràtes needed to be increased. Mr. Ed Parker, Colleyville, appeared before the Council. Mr. Parker stated this was the third time he had been ~efore the Council on the subject. Mr. Parker stated his storage area did not have a solid fence and to his knowledge nothing had ever been taken out of a car he had pulled to his lot. Mr. Parker stated he had never released a car without a release from the Police Department. Mr. Parker stated he was bonded and insured. Mr. Parker stated he was asking the Council to leave the ordinance as it is. Councilman Wood asked Mr. Parker if he knew of a city that limited their calls to one wrecker service. Mr. Parked stated he was not familar with a city limiting their calls to one wrecker service. Councilman Wood stated that Mr. Parker had advised him last year:there were surrounding cities that would not 1 et him pull. Councilman Mills asked Mr. Parker if he understood Councilman Woodis question. Mr. Parker replied no. Mr. Cliff Praytor, Northeast Wrècker Service, appeared before the Council. Mr. Praytor stated he was the' owner and operatór of Northeast Wrecker Service. Mr. Praytor stated he was also a tax paying citizen of North Richland Hills. September 24, 1979 Page 11 September 24, 1979 Page 12 \ Mr. Praytor stated he felt the city should: award the wrecker service for the city to him. Mr. Praytor stated he had the equipment to pull the cars and trucks. Councilman Mills moved, seconded by Councilman Freeman, to approve Ordinance No. 778, (Ordinance No: .1), as reconstructed, Article Two to be reworded to state "wrecker service for hire or to be placed on the wrecker rotation list, within the corporate limits of the city, without a wrecker service permit from the city";Article Four, Section One, next to the last sentence delete 'at least one approved wrecker service shall be maintained and operated ~'ithin the city limits of North Richland Hills at all times". After discussion, Councilman Michener moved, seconded by Councilman Mills, to amend the motion to also state in Article Four, Section One, "aU storages facilities shall be enclosed by asixfoot secure 1 ocked fence'.'.~ Amended motion carried 3-2; Couneilmen r~i1ls and Mic'hener voting for; Councilmen Wood and Freeman voting against; Mayor Pro Tern Cato voting for to break the tie. Mayor Pro Tern Cato called a ten minute recess. RECESS BACK TO ORDER Mayor Pro Tern Cato called the meeting back to order. The same Council Members and Staff were present as recorded at the beginning of the meeting. . 15. Councilman Freeman moved, seconded by Councilman Michener, to approve Ordinance No. 779, adopting the assessment rolls for' 1979. Motion carried 4-0. CONSIDERATION OF ORDINANCE ADOPTING THE ASSESSMENT ROLLS FOR THE YEAR 1979 APPROVED ORDINANCE NO. 779 16. Mayor Pro Tern Cato read the following caption: "AN ORDINANCE ADOPTING AND APPROVING A BUDGET FOR THE CITY OF NORTH RICHLAND HILLS, TEXAS, FOR THE FISCAL YEAR OCTOBER 1, 1979 THROUGH SEPTEMBER 30, 1980." CONSIDERATION OF ORDINANCE ADOPTING THE 1979-80 BUDGET APPROVED ORDINANCE NO. 780 Councilman Freeman moved, seconded by Councilman Wood, to approve Ordinance No. 780. Mayor Pro Tern Cato stated that in Fire Prevention, Page 30 the figures 1001, 1102 and 1902 reflect the non-Fire: Marshall and Inspector. The Council at the last budget worksession agreed to tentatively acceþt a Fire Marshall . and Inspector position which will require that additional funds need to be added to 90-2 and take the funds from non-departmental which will be page 33, item 10-15. Councilman Wood asked for the amounts to be added. Mayor Pro Tern Cato stated $524.08 for the Fire Marshall and $1,716.00 for the Inspector/Investigator. Councilman Freeman recognized Mr. Otis Gothard. Mr. Gothard, 7351 Riveria, North Richland Hills, appeared before the Council. Mr. Gothard stated the surrounding cities did require permits. Mayor Pro Tern Cato asked Mr. Gothard if he had ever been in another city and questioned about a permit. Mr. Gothard stated he had received a ticket for no permit in another city. Mr. Gothard stated he did not feel one wrecker service could handle the city. Mr. Gothard stated the ràtes needed to be increased. I Mr. Ed Parker, Colleyville, appeared before the Council. Mr. Parker stated this was the third time he had been ~efore the Council on the subject. Mr. Parker stated his storage area did not have a solid fence and to his knowledge nothing had ever been taken out of a car he had pulled to his lot. Mr. Parker stated he had never released a car without a release from the Police Department. Mr. Parker stated he was bonded and insured. Mr. Parker stated he was asking the Council to leave the ordinance as it is. Councilman Wood asked Mr. Parker if he knew of a city that limited their calls to one wrecker service. Mr. Parked stated he was not familar with a city limiting thei r ca l's to one wrecker servi ce. Councilman Wood stated that Mr. Parker had advised him last year:there were surrounding cities that would not let him pull. Councilman Mills asked Mr. Parker if he understood Councilman Woodis question. Mr. Parker replied no. Mr. Cliff Praytor, Northeast Wrecker Service, appeared before the Council. Mr. Praytor stated he was the owner and operator of Northeast Wrecker Se'·vice. Mr. Praytor stated he was also a tax paying citizen of North Richland Hills. S~~~ember 24, 1979 Pè..0~J 11 Councilman Mills moved, seconded by Councilman" Michener, to amend the motion to state "make the corrections to 90-2, fltnds to come from non-departmenta l'~ . Mayor Pro Tern Cato opened the Public Hearing on the corrected 1979-80 budget. No one appeared to speak on the corrected budget. Mayor Pro Tem Cato closed the Public Hearing. Amended motion carried 4~O. 17. Mayor Pro Tem Cato read the following caption: "AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF AN AD VALOREM TAX ON PROPERTY SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,' ON THE 1ST DAY OF JANUARY, 1980, EXCEPT SUCH PROPERTY AS MAY BE EXEMPT FROM TAXATION BY THE CONSTITUTION AND THE STATUTES OF THE STATE OF TEXAS, ESTABLISHING A DELINQUENT DATE; AND SETTING THE RATE OF PENALTY AND INTEREST AND PRESCRIBING ATTORNEYIS FEES TO BE COLLECTED ON DELINQUENT TAXES; DECLARING A FIRST, PRIOR AND SUPERIOR LIEN ON ALL REAL AND PERSONAL PROPERTY AS OF JANUARY 1ST, 1980, TO SECURE PAYMENT; ORDAINING OTHER MATTERS RELATING TO THE SUBJECT AND DECLARING AN EFFECTIVE DATE. Councilman Mills moved, seconded by Councilman Michener, to approve Ordinance No. 781. Motion carried 4-0. 18. Mayor Pro Tern Cato read the following caption: "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT: 1. THE CLASSIFICATION CHART SHOVJN IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF, AND THE CLASSIFICATION THEREON, ARE HEREBY ADOPTED FOR THE CITY IN COMPLIANCE WITH ARTICLE XVII, SECTION 8 THE CHARTER. II Councilman Michener moved, seconded by Councilman Wood, to approve Ordinance No. 782 as written. Councilman Mills stated there was a discrepancy in the Chart. September 24, 1979 Page 13 CONS IDERA TI ON OF ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAX IN THE CITY APPROVED ORDINANCE NO. 781 CONSIDERATION OF ORDINANCE ADOPTING THE 1979-80 ORGANIZ- ATION CHARTS FOR THE CITY APPROVED ORDINANCE NO. 782 September 24, 1979 Page 14 Mr. Paul stated he was aware of the discrepancy and still trying to find it. Mayor'Pro Tern Cato advised Mr. Paul to continue his search and present the Council with a corrected chart. Motion to approve carried 4-0. 19. Mayor Pro Tem Cato read the following caption: "BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT PURSUANT TO ORDINANCE NI. 676, THERE SHALL BE EXEMPT FROM CITY AD VALOREM TAXES FOR THE YEAR 1979-80 THE SUM OF SEVEN THOUSAND ($7,000.00) DOLLARS FROM THE ASSESSED VALUE OF ANY EXCUSIVELY RESIDENCE HOMESTEAD WITHIN THE CITY OCCUPIED BY AN OWNER SIXTY-FIVE (65) YEARS OF AGE OR OLDER, AS OF JANUARY 1, OF SUCH YEAR, I PROV IDED THE TER~1S AND CONDITIONS SET FORTH IN SAID ORDINANCE ARE FULLY COMPLIED WITH. II CONSIDERATION OF RESOLUTION PROVIDING AN EXEMPTION OF $7,000.00 FOR PERSûNS 65 YEARS OF AGE OR OLDER APPROVED RESOLUTION NO. 79-21 Councilman Mills moved, seconded by Councilman Wood, to approve Resolution No. 79-21 as written. Motion carried 4-0. 20. Mayor'Pro Tem Cato stated he had a letter from Councilman Wood requesting this appeal hearing. Councilman Wood excused himself from any discussion of this item and asked that Mr. Marvin Smith present the request. Mr. Marvin Smith, Smithfield, appeared before the Council. Mr. Smith stated they would like an appeal heåring from the Council. Councilman Mills moved, seconded by Councilman Michener, to grant an appeal hearing for PZ 79-32, date to be established at a later date. REQUEST FOR APPEAL HEARING ON PZ 79-32 APPROVED Motion carried 3-0; Councilmen Freeman, Michener and Mills voting for; Councilman Wood abstaining. 21. Councilman Mills asked the City Attorney if,from a legal standpoint, there was anything wrong with transferring the funds. Councilman Mills moved, seconded by Councilman Michener, to approve the authorization of transferring funds. CONSIDERATIor~ OF AUTHORIZATION TO TRANSFER $73,430.00 FROM C.I.P. STREET FUND TO GENERAL FUND SURPLUS FOR SIGNAL- I;~~ION OF GRAPEVINE/ H.4R,~00D, DAVIS/ EMERALD HILLS, AND GRAPEVINE/EDISON DR. APPROVED City Attorney McEntire replied there would be no legal problem. Motion carried 4-0. 22. Mr. Denis Horvath, Director Parks & Recreation, appeared before the Council. Mr. Horvath stated bids had been received by seven services and GyS,py. Building t·1aintenance was the low:bidder . for $521.72 per month. Mr. Horvath stated the contract called for three ni9hts per week at the City Hall and Police Department) two nights per week in the Library and Council Chamber and one night per week at the Recreation Center. Councilman Mills asked Mr. Horvath if he checked with anyone on Gyspy. Mr. Horvath, stated he had checked all references and the Better Business Bureau, all were ok. Councilman Freeman asked how much bond the company .was to put-up. Mr. Horvath stated he did not know the amount of the bond. Councilman Mills moved, seconded by Councilman Freeman, to approve Gyspy BUilding Mëd,ntenance contract subject to adding and requiri:ng a surety bond. Motion carried 4-0. 23. City Manager Paul stated he had given the Council some information earlier concerning the companies that were in the yellow pages in Dallas and Fort Worth phone directoy. r~r. Paul stated some letters were sent out and received back by the City Secretary and he had tried to call everyone that was listed in both phone books. Mayor Pro Tem Cato asked Mr. Paul what his recommendation was. Mr. Paul stated he hãd recommended the city go to curb-side service back when the ordinance was first being discussed. Mr. Paul stated his recommendation at this póint would be to go with the lowest figure whomever it may come from. Mr. Paul stated the lowest figure that he had found in going through the companies listed in the phone book was $4.65. It was not a bid on the companies part it was strickly a conversation. Mayor Pro Tern Cato read the following caption: "AN ORDINANCE AMENDING ORDINANCE NUMBER 673 HHICH GRANTS A FRANCHISE TO SERVICE COMPANY OF AMERICA (SAC), (ESTES SERVICE COMPANY); CHANGING THE RATES PROVIDED FOR IN ORDINANCE NUMBER 673; PROVIDING A $150,000.00 PERFORMANCE BOND AND PROVIDING FOR AN EFFECTIVE DATE. II September 24, 1979 Page 15 CONSIDERATION OF BIDS AND AVJARDING OF CONTRACT OF JANITO~ RIAL SERVICE FOR MUNICIPAL BUILDING APPROVED CONSIDERATION OF ORDINANCE FOR RATE INCREASE TO ESTES SERVICE Cor,1PJ.\NY APPROVED ORDINANCE NO. 783 Mr. J. C. Hubbard, 6925 Riveria, appeared before the Council. Mr. Hubbard stated he was a taxpayer an eligible voter of the city and he was concerned with 'the city. Mr. Hubbard stated he had numerous calls over the weekend from people wanting to know what was going on with the garbage business. Mr.. Hubbard stated he tried to answer their questions the best he could. Mr. Hubbard stated he was asked to ask the Council some questions. Mr. Hubbard stated the city had an Ordianance No. 673, dated July 25, 1977 setting forth a rate for five years on the garbage contract. Mr. Hubbard stated the first question he was asked was why the city was changing if they had a contract. The contract states tub out service. Mr. Hubbard stated a Councilman here stated a part was not tub-out. Mr. Hubbard stated this morning he got up and drove in his neïghborhood and counted 84 homes that had one bag' or two cans sitting on the curb. Mr. Hubbard stated that City Ordinance No. 489 states a good and sufficent bond; Estes bond #0128044 is for $5,000.00 and it is made out to J. W. Estes doing business as Estes Service Company. Mr. Hubbard stated he called the Bonding Company and they said they did not know it had changed ownership. They would honor the bond because it was good through 1980. Mr. Hubbard stated the next question he was asked was why, if the city was going to· have to change the contract, put it out for bids and let each bid be made. No company is going to tell you over the phone what their bid would be. Mr. Hubbard stated he talked to twelve people in the commercial business. Mr. Hubbard stated he went to fourteen businesses in North Richland Hills taking _ the contract proposed in the oràinance and no one could tell him what they were paying for garbage service. Mr. Hubbard stated another question asked was has the city audited Estes books to see if they need a raise. Mr. Hubbard stated Ordinance No. 673 states this is not an exclusive contract, therefore why can1t there be two haulers. Mr. Hubbard stated it was his feeling that the city should take a better lookat-tnis,offer it to more than one hauler and put it out for bids. September 24, 1979 Page 16 - Councilman Freeman stated that Mr. Hubbard had mentioned that approving this ordinance would be cutting someone in the city that was interested in hauling the garbage at the proposed rate. Mr. Hubbard stated he did not say the proposed rate~ He said there was someone in this city and other cities that would be'interested:in making a bid on the garbage. Counci.lman Freeman asked Mr. Hubbard if he would tell the Council who might be interested. Councilman Freeman stated the city had done their best to canvass the other companies to see if there was someone interested in the garbage service contract. Mr. Hubbard stated he had two companies tell him they were interested in a multi-year contract, but wöulp not put up a big bond. Councilman Freeman stated that in the list the Council had of garbage companies~not one would operate at the proposed rates for tub-out service. Mr. Hubbard stated he could not make any commitments· for some other company, but yes he thought there might be some other companies that were interested if givenà chance. Councilman Freeman stated that unless the survey on the garbage companies was done wrong no one was interested. Mr. Buck Hubbard, 413 L. D. Locket Road, Colleyville, appeared before the Council. Mr. Hubbard stated he had been in the garbage business for a number of years. Mr. Hubbard stated the city was going to have to pay this kind. of money for service and he was not too sure the city had the best they could get. Mr. Hubbard stated he felt Estes could improve their service. Mr. Hubb~rd stated he was presently in the garbage business. Mr: Hubbard stated he" thought the bond was too high. Mr. Hubbard stated he had hauled garbage in North Richland Hills for·seven years and did not have bond or anything. Mr. Hubbard stated he did not think a lot was gained by the high bond and the city would locked in with a $2,ÖOQ,000.00 year company. Mr. Hubbard~stated he felt theCöuncH would be doing wrong by c~anging the ordinance. Mr. Hubbard stated he firmly bellevèd the gentlemen made a mistake and should have to live with the contract. September 24, 1979 Page 17 Mr. Hubbard stated he had read the letter sent by the city to the garbage companies. r~r. Hubbard stated a letter was sent to his boss and it contained three questions. Mr. Hubbard stated his boss did not answer the questions, but he did write a letter and said he was interested in hauling the garbage. Mr. Hubbard stated he felt the city should improve the service. Mr. Hubbard stated his mother-in-law had been living with him for the last five months and they had been paying her garbage every month while she was away. Mr. Hubbard some of these things needed to be given consideration. Council~an Freeman asked Mr. Hubbard if the felt $4.25 was a fair rate. Mr. Hubbard stated that was one of the questions on the questionaire asked, just $4.25 and not the commercial rate. Mr. Hubbard $tated th~ way.he figured it there was something in excess of $30.000.00 a month in commercial which makes a big difference. Mr. Hubbard stated $4.25 a month was not out of the question. Councilman Freeman stated that if the questions were not clear it was his fault. Councilman Freeman stated if the questions were not stated clearly the city would try to do better next time. Councilman Freeman asked Mr. Paul if he had discussed the letter with Mr. Hubbard's employer. Mr. Paul stated he did not contact him after receiving the letter. Mr. Paul stated he felt if he did not answer the questions it was of no use to ask him the same questions again. Mr. Warren Eckhadt. 4008 Apartment A, Scruggs, appeared before the Council. Mr. Eckhadt stated he was a ~oncernedcitizen. Mr. Bckhadt stated he wrote contracts and he honored them. SCAstated they would take the garbage contract for five years and they shou~d have to stay with the contract. Mr. Eckhadt stated he hoped the Council would keep the garbage service under contract and open it for bids. Mr. Eckhadt stated the city needed to let other companies in on the commercial hauling. September 24, 1979 Page 18 September 24, 1979 Page 19 Councilman Michener moved, seconded by Counctlman Freeman, to approve Ordinance No. 786 as written. Counci lman t'¡ood stated that he fai led to see how the Counéil could make a decision based on the information that had been presented. Councilman Wood stated the normal procedures that the Council normally would go through with a 'public utility c.ompq~ had not been followed. Councilman Wood stated he had heard no citizen input. Councilman Wood stated he could live with curb-side service because 90% of the people in North Richland Hills put their garbage on the curb. Councilman Wood stated the city had not bothered to talk to the commercial operators. Councilman Wood asked if the :staff had prepared a report on commercial operations ~nd did ~nYQne understand the commercial chart Estes had prepared. Councilman Wood stated he thought thiS :was the most obnoxious thing the Council had done.· Councilman Wood stated the Council, just tonight, denied an exclusive right and turns around and gives a major contract which keeps anyone else from having a garbage container in the city. Councilman Wood stated if this ordinance was approved based on the information heard he felt an injustice had been done to the whole city. Councilman Mills stated he felt this was a diffcult decision because if the Council approved the contract it would be the best for the city, particularly for the citizens, to try and hold the rates down. Councilman Mills stated he felt that in the long run the best interest of the citizens would be better served by staying with the competitive bid process. Councilman Mills stated he personally thought Estes was a good company. Councilman Mills stated the city had received very few complaints and he also felt Estes was entitled to the rate increase. Councilman Mills stated he was going to vote against the ordinance because of the $150,000.00 bond. Councilman Mills stated he felt the city was excluding other companies in the area from being ahle to bid. Councilman Mills stated he felt the city should go through the bid process. Councilman Michener stated it had been eight years since the last rate adjustment. Councilman Michener stated hè did not feel there~had beén enough evidence presented to persuade someone one way or another. Councilman Michener .stated this was not the first time this issue had been considered. . September 24, 1979 Page 19 Councilman Michener moved, seconded by Councilman Freeman, to approve Ordinance No. 786 as written. Councilman Wood stated that he failed to see how the Counci1 could make a decision based on the information that had been presented. Councilman Wood stated the normal procedures that the Council normally would go through with a public utility comp~ny had not been followed. Councilman Wood stated he had heard no citizen input. Councilman Wood stated he could live with curb-side service because 90% of the people in North Richland Hills put their garbage on the curb. Councilman Wood stated the city had not bothered to talk to the commercial operators. Councilman Wood asked if the staff had prepared a report on commercial operations and did anyone understand the commercial chart Estes had prepared. Councilman Wood stated he thought this :was the most obnoxious thing the Council had done~ Councilman Wood stated the Council, just tonight, denied an exclusive right and turns around and gives a major contract which keeps anyone else from having a garbage container in the city. Councilman Wood stated if this ordinance was approved based on the information heard he felt an injustice had been done to the whole city. " Councilman Mills stated he felt this was a diffcult decision because if the Council approved the contract it would be the best for the city, particularly for the citizens, to try and hold the rates down. Councilman Mills stated he felt that in the long run the best interest of the citizens would be better served by staying with the competitive bid process. Councilman Mills stated he personally thought Estes was a good company. Councilman Mills stated the city had received very few complaints and he also felt Estes was entitled to the rate increase. " Councilman Mills stated he was going to vote against the ordinance because of the $150,000.00 bond. Counci lman Mi 11 s stated he fel t the eity was excluding other companies in the-area from being able to bid. Councilman Mills stated he felt the city should go through the bid process. - . Councilman Michener stated it had been eight years slnce the last rate adjustment. Councilman Michener stated hè did not feel the~e~had beèn enough evidence presented to persuade someone one way or another. Councilman Michener stated this was not the first time this issue had been considered. -",\ Councilman Michener stated it was his oplnlon it would be in the best interest of the citzens for Estes to continue hauling the garbage. Councilman Freeman stated the Council was elected to make decisions and with the evidence the Council has had in the last few weeks the ordinance needed to be changed. Councilman Freeman stated he had gotten the information he had asked for 'which ' was if anyone was interested in hauling the garbage. Councilman Freeman stated the Council was faced with two things, one the Council either approve this ordinance or let it go to bid with pretty sure knowledge, with the information already received and with Estes having the knowledge they have, that the bid would be higher than $4.25. Councilman Freeman stated with this in mind it was the Council IS resppnsibility to take a step back and make the best deal for the citizens and this is to approve the $4.25. Councilman Freeman stated he believed ,that to separate the residential and commerciali, the citizens would suffer as a whole. Motion to approve Ordinance No. 786 carried 3-2; Councilmen Michener, Freeman voting for; Councilmen Mills and Wood voting against; Mayor Pro Tem Cato voting for to break the tie. Mayor Pro Tem stated all contracts of the city are let by'/a bid process. Mayor Pro Tern Cato stated a bid basis was probably the best method to get the best service for North Richland Hills. Mayor::Pro Tern Cato stated, however, that he was faced with reports from the City Manager, City Secretary and Estes themseles that show the types of garbage collection throughout the cities and Tarrant County area~ and only two companies do tub-out service. One is Estes and one is city owned. Mayor Pro Tem Cato stated he felt. very strongly that if the city went for bids, with this particular contract, the city would lose tub-out service. t~ayor Pro Tern Cato stated the 1 as t< :time Estes got an increase was when the city was considering eliminating the tub-out service in favor of curb-side.and a questionaire was sent out. The overwhelming response was to go up $1.00 and retain tub-out service. Mayor Pro Tern Cato stated that a statement had been made that 90% of the people in North Rich~and Hills did not avail themself of the tub-out service. Mayor Pro Tern Cato stated he felt that in view of the rate currently existing in the other cities, $4.25 was comparable to the rates the other cities that are paying for curb-side service. September 24, 1979 Page 20 ...., I '", Mayor Pro Tern Cato stated he felt if the city retained tub-out service at all it would be more than $4.25. Mayor Pro Tem Cato stated he was torn between desires on whether to allow this to fai 1 or go ahead and vote to pass it. Mayoi Pro Tem Cato stated he felt the best interest of the citzens of North Richland Hills would be to approve Oîdinance No. 783 and he was going to vote for and call the motion approved. 24. Counci lmanMUls asked i fthe Uni fòrm Building Code was being passed as it exists in the other area cities and if so were there any exceptions. t4r. Gary Caldwell., Building Official, appeared before the Council. Mr. Caldwell stated there were some changes. On the Ordinance adopting the Code there were several changes and additions. The 1979 Building Code did one thing that the previous Code did not do. It elimated all fire districts .except one. :' Mr. Caldwell stated elimating the fiY'e districts did ì not effect the city because the adopting ordinance puts the Zoning Ordinance as having . precedence over the Uniform Building Code. Mr. Caldwell stated the additions he made in the Ord·inance· adopti ng the Code pertained to driveways, sidewalks and a lot of things that were not covered in the Uniform Building Code. Mr. Caldwell stated the bond forms were also changed from $1,000.00 to $3,000.00 ås it had nòt been changed in several years. Mr. Caldwell stated the only difference, in his opinion in the Uniform Building Code and the Southern Standard Building Code was that in his depàrtment the Inspector and everyone working with plans will have more at hand to work with whièhthey did not have with the Southern Standard Building Code. Mr. Caldwell stated the Uniform Building Code gave them everything they needed to build a structure and a way to enforce the code. ~1r. Anderson stated he felt it safe to say that the Uniform Building Code was essentially being adopted intact except in the areas where the Council had expressed a denfite preference for certa in provi s ions such as bri ck percent,. s i dewa 1 ks, fee schedule and that sort of ' thing. September 24, 1979 Page 21 CONSIDERATION OF ORDINANCE ADOPTING THE UNIFORM BUILDING CODE (1979 EDITION) APPROVED ORDINANCE NO. 784 Mayor Pro Tem Cato read the following caption: "AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, WHICH ADOPTS THE UNIFROM BUILDING CODE (1979 EDITION) AS THE BUILDING CODE OF THIS CITY; PROVIDING FOR RULES AND REGULATIONS GOVERNING CON- STRUCTION AND BUILDING WITHIN THE CITY; PROVIDING FOR A FINE NOT IN EXCESS OF $200.00 FOR VIOLATION OF THIS ORDINANCE; ENACTING A SAVINGS CLAUSE AND STATING AN EFFECTIVE DATE. Councilman Wood asked if the requirement on the sidewalks had any change in wording from the previous Council Policy. Mr. Caldwell. stated yes. At the present time the city has no control over sidewalks except to tell someone they needed sidewalks. The sidewalks will now match-up with the approaches and drain away from the property. Councilman Freeman asked if the Electrical Code anq Mechanical Code was being adopted. Mr. Caldwell replied no. They will be re-written and adopted at a later date. Councilman Freeman asked if the ordinance would specify the difference in a General Contractor and a home owner. Councilman Freeman asked if a homeowner wanted to do two hours work on his home would he have to put up the $3,000.00 bond. Mr. Caldwell stated no. Not if it was a homeowner. Councilman Mills moved, seconded by Councilman Michener, to approve Ordinance No. 784. Motion carried 4-0. 25. City Manager Paul recommended payment of this item. Councilman Michener moved, seconded by Councilman Wood, to authorize $80,408.27 payment to Leonard Hazel. Councilman Mills stated the totals were different from the total bid. Mr. Albin, City Engineer, stated the difference was for extra work that Director of Utilities Allen Bronstad had asked for to loop in the system. Mr. Albin stated all information on the project would bein the final estimate. Motion to approve carried 4-0. ',", September 24, 1979 Page 22 " AUTHORIZATION TO PAY LEONARD HAZEL ESTI- MATE NO. ONE (1) FOR MISCELLANEOUS WATER SYSTEM EXTENSIONS. AMOUNT $80,408.27 APPROVED 26. Councilman Michener moved, seconded by Councilman Mills, to authorize payment to Atkins Brothers Equipment Company in the amount of $45,079.90. ~' Motion carried 4-0. 27. Councilman Michener moved, seconded by Councilman Wúúd, to aüthm~ize payment to Joe R. Starks Construction Company, Inc., in the amount of $36,481.35. Motion carried 4-0. 28. Mayor Pro Tern Cato read the following memo from Ruth Pinner, Finance Director: III have reviewed S.B. 390 on supplemental retirement benefits. The rates for 1980 are presently 2.16 per cent. If we adopt the new ordinance, the rates will to to 2.28 per cent. This will mean a cash outlay on the 1979-80 budget of $2,720.48 extra." Mayor Pro Tern Cato read the following caption: IIAN ORDINANCE ADOPTING THE PLAN PROVISIONS AFFECTING PARTICIPATION OF EMPLOYEES OF THIS CITY IN TEXAS MUNICIPAL RETIREMENT SYSTEM AS AUTHORIZED BY SECTION XX OF ARTICLE 6243h, VERNON1S TEXAS CIVIL STATUTES, AND GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS THEREIN AUTHORIZED; PROVIDING THAT SUCH RIGHTS SHALL BE SUPPLEMENTARY TO THOSE HERETOFORE ALLOWED AND THAT ARE IN FORCE AT THE EFFECTIVE DATE OF THIS ORDINANCE; AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE.II Councilman Mills asked if it was mandatory that this be acted on tonight. City Manager Paul stated no. Councilman Mills moved, seconded by Councilman Wood, to postpone this item until the Council could have a worksession on the ordinance. Motion carried' 4-0. 29. Stan Gertz, Fire Chief, appeared before the Council. Mr. Gertz stated it was the hopes of Chuck Williams, Police Chief, Dennis Horvath, Recreation Director and himself that the 'Council would come to their aid. Mr. Gertz stated they were in the process of setting up a program to make available to citizens, City Staff and members of the Council, classes on CPR. September 24, 1979 Page 23 AUTHORIZATION TO PAY ATKINS BROTHERS EQUIPMENT COMPANY ESTIMATE NO. TWO (2) FOR UTILITY ADJUST- MENTS ON DAVIS BLVD., AMOUNT: $45,079.90 APPROVED AUTHORIZATION TO PAY JOE R. STARKS CONST- RUCTION CO., INC.} FOR WATAUGA PARALLE- LING TRUNK SEWER: AMOUNT :$36,481. 35 APPROVED CONSIDERATION OF ORDINANCE ADOPTING SUPPLEMENTAL RETIRE- MENT BENEFITS POSTPONED AUTHORIZATION TO PURCHASE RESUSCI- ANNE FOR FIRE/POLICE DEPARTMENTS AND PUBLIC CPR TRAINING APPROVED September 24~ 1979 Page 24 Mr. Gertz stated they had one Resusci-Anne ar:¡'¡j a a resusci baby. The reason for the two was because CPR is different between infant and adul t.. Mr. Gertz stated that with only ,one adult size the size of the class would be limited to about four to six people. Mr. Gertz stated if they got a large number ofLpeople they would need an additional Resusci-Anne. Mr. Gertz stated he was here tonight to ask for funds, probably to come from General Fund Surplus, to purchase two more Resusci Annels. The Fire Department only has fifteen i n5 tr·üctü("s qual i fied to teach CPR and the Police Department has six. With the Recreation Center making their facilities available they felt they could offer this course to the citizens and be a worth wþile project. Mr. Gertz stated they were looking at this with a point of view that they wanted to save lives in the future. ., Mr. Gertz stated two Resusic-Anne's would cost $983.30. Councilman Mills asked how they planned on reaching the citizens in order to get them to take CPR. Mr. Gertz stated he had a deal worked out with the Recreation Director and also were going to advertise in the newspapers. They planned on putting posters in the Library and they had made arrangements to rent a portable sign to put on Glenview Drive by the Fire Station. Mr. Gertz. stated that in conjunction with the CPR: d classes they planned to offer free checks for blood pressure. Councilman Mills stated he thought this was a great I idea and something that was really needed. Mr. J. C. Hubbard, 6925 Riveria, appeared before the Council. Mr. Hubbard stated he would like to back this program as he was a heart patient. Mr. Hubbard stated his wife was instructed by his doctor to go to a Fire.'Station and take a course in CPR. The doctor also advisedi'them if he had a heart attact to call the Fire Department because they were the best equiped and the best trained. Mr. Hubbard stated his wife took a six week course in CPR at the Fort Worth Fire Department. Mayor Pro Tem Cato asked if the funds would come out of this years budget. Mayor Pro Tern Cato stated Mr. Gertz had mentioned funds were available in the Police Department budget. Was that the current years budget? Mr. Gertz replied yes, the 1978-79 budget. Councilman Mills moved, seconded by Councilman Michener, to approve the purchase of two Resusci-Anne's in the amount of $983,30, funds to come from the Police Department budget. Motion carried 4-0. Mr. Roy Gifford, 7908 Bedford Euless Road, appeared before the Council. Mr. Gifford stated the Council earner denied a request for a car lot. Mr. Gifford stated there was a statement made that the area was primarily resturants and motels. Mr. Gifford stated he was at a loss as to what he could sell his property for. Mr. Gifford stated the Council denied him the opportunity tò improve his standard of living. Mr, Gifford stated his question was, what would be the bes t use of ,Ii s property. {j<H::tf'YCilrr1l3.'Rfr"ê-ewr<lf'l -stat<ê'cl ..¡,€; ' 3'f3''Sßna 11y objected to the car lot. Councilman Freeman stated he did not feel the car lot would be compatible with what was already built on Bedford Euless Road. Mr. Gifford asked if there was something wrong with the design of the car lot. Councilman Freeman stated he did not have anything against the design. Mr. Gifford stated the auto business was a respectable business. Councilman Freeman stated he did not mean to imply it \vas not a respectable business. Mayor Pro Tern Cato advised Mr. Gifford that what Councilman Freeman had in mind was that historically used cars lots, as opposed to new dealerships, tend to have a cluttered and messy appearance. The owner's find it difficult to keep them cleaned up and looking pleasant. September 24, 1979 Page 25 CITIZEN PRESENrATlÜN ~. --._"~"'""-'."---"-"-'---'._-"-'~~---'"~-^"~--'~-'. Mayor Pro Tem Cato advised Mr. Gifford there were several commerci a 1 us'es for whi ch hi s prop~rty could be used. Mayor Pro Tern Cato stated he would be very concerned about a used car lot going in on that side of the street. Councilman Freeman stated he felt a used car lot was not the highest and best use for that property. Mr. Gifford stated he did not know what the highest and best use of the prop~rty was, but the man offered to PâY him more for the property than any other investor. Mayor Pro Tern Cato asked Mr. Gifford if he was aware of the other commercial uses that the Zoning Ordin~nce allowed. Mr. Gifford replied no. Mayor Pro Tem Cato advised Mr. Gifford to check with the City Staff and they would be glad to bring him up to date on the uses. Councilman Freeman asked if the property was zoned commercial. Mr. Gifford stated the property had beenJ:commercial a number df years. Mayor Pro Tem Cato asked Mr. Gifford if he had any more questions of the Council. Mr. Gifford replied no. 30. Mayor Pro Tern Cato adjourned the meeting of September 24, 1979. ATTEST: t'~ ú4 F. Cato - Mayor Pro Tern September 24, 1979 Page 26 ADJOURNMENT