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HomeMy WebLinkAboutCC 1978-04-10 Minutes , I _-;t;:,;:.. ¡t /-' MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, APRIL 10, 1978 - 7;30 P.M. CALL TO ORDER Mayor Pro Tern Cato called the meeting to order at 7;30 p.m., April 10, 1978. ROLL CALL PRESENT: Mayo r Pro Tern Councilmen James F. Cato Denver Mills George Conant, Jr. Dave Freeman Lena Mae Reeder STAFF PRESENT; City Manager City Secretary City Attorney City Engi neer Director Public Works. Fire Chief Fi re Marsha 11 M. E. Riddle Jeanette Moore Rex McEntire Dick Perkins Ray H. Britton Stan Gertz Jack Long ABSENT; Mayor Tom E. Newman Mayor Newman was absent due to attending the Mayor's Council meeting. Mayor Pro Tern Cato recognized Don Wilson, President of the Park and Recreation Commission as being present. INVOCATION The invocation was given by Councilman Mi 11 s . APPROVAL OF MINUTES Approval of Minutes of the April 3, 1978$ meeting Councilman Conant moved to approve the minutes as presented~ City Engineer Perkins stated the minutes did not show him as being present at the April 3, 1978t meeting. Motion was to approve the minutes as corrected carried 4-0. SEATING OF COUNCIL MEMBER Swearing in of Sidney A. Cavanaugh as a Councilman City Attorney McEntire adminstered the following Oath of Office to Sidney A. Cavanaugh. . April 10, J978 Page 2 . Sidney A. Cavanaugh, do solemnly swear or affirm), that I will faithfully execu the dut'ies of the office of City Councilrr af the City of North Richland Hi1ls~ Stat cf Texas, and will to the best of my abi1 preserve, protect, and defend theConstit and laws of the United States and of this State; and I furthermore solemnly swear ,or affi rm) that I have not di rectly or ndirectly paid, offered, or promised to contributed or promised to contribute any money, or valuable thing, or promised an:, public office or employment as a reward the giving or withholding a vote at the plection at which I was elected, So heIr ;,,(~ God. CITIZEN PRESENTATION PARK AND RECREATION .~-.~-..-,._.-...-,----"~~- itizen presentation report on recommend¿ ~rom the Park and Recreation Board . Don Wilson, President of the Park and Recreation Board, appeared before the Council. Mr. Wilsondvised the Council that at the March 15, 19785 meeting of th~ rk and Recreation, RYA had requested s£ 7 tems be'¡ ng as fo 11 ows to be acted on by the Council toniqht. IViotíon v.¡as made by Mr. Polster, seconded Mr. Conkle, to install 42 lights at a cost of $1,470.00, installation to be don by RYA; ;part B, angle iron and flatiron a C0St of '$300.00, tö be paid for out of present" Pal~k and Library Fund. ;uncllman Mills asked ¡vir. 14ilson if thi" 'idS specìficàlly for Fossi1 CI~eek Park. Mr. Wilson stated it was for the Junior eld at Fossil Creek. Mr. Wilson stated item 5 of the request 0dS, Mr. Polster moved, seconded by Mr. Williams, to purchase crushed rock for an additional parking lot at Richfield Park. Labor to be furnished by RYA at no (cst to t.he City. Mr. Wilson advised the Council that in th past RYA had been allowed to hold tournai at the end of baseball season and charge admission to get in the bleacher area. They requested to do the same this year. Apri 1 10 ~ 1978 Page 3 Mayor Pro Tern Cato asked Mr. Wilson what the dates for the tournament would be. Mr. Wilson stated he was not sure of the dates at this time, he would let the City Manager and Director of Public Works know as soon as possible. Councilman Cavanaugh asked Mr. Wilson what was wrong with the present lights at Fossil Creek Park. Mr. Wilson replied they were inadequate. When it rains it ,burst the bulbs. Councilman Mills asked Mr. Wilson if he wanted the Council to vote on the whole package or on each item. Mr. Wilson replied as a package. Councilman Mills asked if putting in the parking lot at Richfield woüld cause a drainage problem on the other fields. Director of Public Works Britton replied there would be no problem. Councilman Mills moved, seconded by Councilwoman Reeder, to approve $1,470.00 for lights, $300.00 for angle iron and flatiron, at Fossil Creek Park, at no expense for .i ns tall ati on for the City; $lt400.00 for crushed rock for Richfield Park, labor to be furnished by RYA; Holding of a tournament at Richfield Park, subject to approval by the Texas Park and Wildlife Department. Funds to be taken from the present Park and Library Fund. Councilman Freeman asked if the building of a p'arking. lot would hurt the future expansion of the park. Mr. Britton stated this lot would have been used for landscaping. Councilman Freeman asked what kind of landscaping. Mr. Britton replied trees and shrubs.. Motion to approve carried 4-0. April 10, 1978 Page 4 CITIZENS PRESENTATION Citizen Pres. entation request of P & S Construction to discuss Irish Meadows, Sect i o~_J~ra i nage ___ Mr. John Parish, Vice President~ .P & S Construction, appeared before the Council. Mr. Parish stated there was a problem in Irish Meadows Addition pertaining to drainage. Mr. Parish stated the plat was approved September 12, 1977, subject to the Engineers letter~ excluding item #3, which stated although not encumbered upon the developer to construct a channel "liner, it would be to the city's advantage to have this 1 i nero const}~ucted now. The Engineer who did the subdivision has shown, according to :the surveyors records it has silted up. Grass is growing in it and has added 14 inches to the channel~ which has caused accumulation of 14 inches of water. Mr. Parish stated they had not had a big issue with the City over going in and cleaning it out. It is a very minor thing, it Noul dprobab ly take a ford tractor" an hour to an hour and half to take out 14 inches so the channel would drain proper. This ditch is located behind 2 lots where the drainage ditch goes thru, the ditch 'is paved just beyond the 2 lots. Mr. Parish stated they were lining the ditch up to the property line. That leaves about 170 feet not lined. t~r". Parish stated the IYig problem was that one of the property o\lmers forbid them to enter the property stating that even though there is an easement, as a~"pri vate citi zen, ML·Pari sh not being with the City or a Utility Company, according to his attorney they could not enter the property. The only way he would let them in is with an agreement that they pave the channel. Mr. Parish stated he was asking the Cit~ to send a tractor in and clean the channel. He did not object to reimbursing the City for cleaning the channel, he needed the authority to have it done. Councilman Freeman asked how much time and money it would take. Apri 1 10, 1978 Page 5 Mr. Parish replied about an hour to an hour and a half, ·at a maximum of $25,00 per hou¡~. Counci lman Freeman asked if he had looked at the channel. Mr. Britton replied he had and it would take about 8 hours with a gr'ade-all at about $60.00 an hour. Councilman Freeman asked how wide the channel was. Mr. Parish replied 8 feet. Counc il man Freeman as ked Mr.¡ Br·i tton if clean'ìng the ditch would be temporary, Mr. Britton replied it would only be temporal~J~~ a concrete liner would solve the problem. Councilman Mills stated he had gone out anc looked at the channel. The property owner has a vand complaint. He has put in grass and sodd over the yea rs it has. silted up. The development of Ir'ish Meadows would also silt up unless someone put in a concrete liner. The drainage will go down and 11100d on Smithfi e 1 d Road. AccO\~d i ng to the homeowner when he bought the house the developer of Emerald Hills~ a Mr. Bartman, he promised to come back at a later date and put in the contrete liner. As it turned out~ the developer went bankrupt and nothing was ever done. The property owner feels that since Irish Meadows 'is developing~ the city 01~ someone should help him. Mr. Parish stated that Idsh Meadows would improve the situation in that they would have the channel concrete lined and would stop most of the silt. Councilman Mills asked Mr. Perkins the approximate cost of lining the channel. Mr. Perkins replied about $lO~OOO. Mr.. Parish stated he had obtained some origina1 plans from the city and they did not s.how the channel 1ined. Apri 1 10, 1978 Page 6 Councilman Mills stated Mr. Cobert, one of the property owners was present and if Mr. Cobert was agreeable, he would like for him to come before the Council. and state his point of view. Advise the Council what he would be satisfied with, if it was anything less than a concrete liner. Councilman Freeman asked Mr. Parish if the City cleaned the channel would he reimburse the City. Mr. Parish stated he would. Councilman Freeman asked Mr. Parish if he would go to $500.00 as maximum. Mr. Parish stated he would. Mr. Cobert appeared before the Council. He stated that if Mr. Parish did not put in a concrete liner, his back yard would be a mud puddle and a breading ground for mosquitós. Mr. Cobert stated unless the channel was lined with concrete a bigger problem would be created. Councilman Cavanaugh asked Mr. Cobert if the developer of Emerald Hi 11 shad promised to line the channel. Mr. Cobert replied he did. Councilman Freeman asked the City Engineer if the city st~uCk-outthe concrete liner did he suggest it be left as is. City Engineer Perkins stated if it is left as is, vJOulditendanger Irish Meadows and other houses around the area. It would act as a dam. It would not be a good s itua ti on. Councilman Cavanaugh asked if the concrete liner would be at the city's expense. City Manager Riddle replied it would. Councilman Cavana~gh moved, seconded by Councilman Mills, that the city take the responsibility of lining the channel with concrete on both lots. April 10, 1978 Page 7 Councilman Freeman asked where the city would get the funds to pay for the channel. City Manager Riddl e advi sed the Council the motion should be rewo~ded to state have the engineering start on the. project and the city look for the funds. Councilman Freeman asked how much this concrete liner would improve the property value. City Engineer Perkins replied about $5,000. Councilman Conant made a substitute motion, seconded by Councilman Cavanaugh, to authori ze the Ci ty Engi neer to draw-up plans and specifications, and authorization to obtain pricing on the concrete liner. City Engineer Perkins asked the City Attorney if it would be legal to obtain prices from the contractors. City Attorney McEntire replied it could be done by j~ssuiñg a change order. Councilman Conant re-stated his motion to include authorizing the City Engineer do the necessary engineering work and submit to present contractors working in the area. Councilman Freeman asked what the cost would be for the engineering. . City Engineer Perkins stated about $500. Councilman Mills stated that the city was going to continue to have these problem~" and encouraged the City Engineer and Staff to look very closely at new subdivisions coming in to the city. Mr. Perkins stated that when Emerald Hills was developeq, the city did not have a subdivision ordinãnce. The city has better control over-thi~ type "sitituation with the ordinance. Motion carried 4-1; Councilman Freeman voting aganist. Apri 1 10, 1978 Page 8 APPEAL HEARING REQUEST Cambridge Development Company requesting an appeal hearing on zoning of land North and South of the railroad East of Rufe Snow Mr. Pearson, 2301 Federal Tower, Dallas, appeared before tbe Council to represent this case. Mr. Pearson stated the Zoning Board had denied thèse cases he was asking the Council for an appeal hearing. He stated all the cases were inter-related. Mayor Pro Tern Cato advised Mr. Pearson that the appeal heari ng could not be set before May 8, 1978, 15 days notice must be given the property' owners within 200 feet. Councilman Conant moved, seconded by Councilman Cavanaugh, to grant an appeal hearing on PZ 78-15, PZ 78-16t PZ 78-17t PZ 78-18 and PZ 78-19, for May 8, 1978, with normal notice being sent. Motion carried 5-0. PLANNING & ZONING PZ 78-9 Planning and Zoning, PZ 78-9, request of Wayne Suchman to rezone 0.50 acres of land from Agriculture to IF-9-17, One Fami ly Owe 11 i ng Mayor Pro Tern Cato called for anyone present wishing to speak for this case to please come forward. There was no one present to represent this case. Mr. Britton advised the Council he had tried to contact Mr. Suchman and was told he was in military training. Councilman Mills moved, seconded by Councilman Freeman, to table PZ 78-9, until May 8, 1978. Motion carried 5-0. PLANNING & ZONING PS 78-18 Planning and Zoning, PS 78-18, request of Centennial Homes, Inc., for final plat of the Trails Addition Mr. Clayton Sanders with Centennial Homes appeared before the Council. Mr. Sanders stated they had complied with the City Engineers letter with the exception of item #1, an agreement between the developer and the railroad for the construction of a grade crossing at Browning Blvd. Mr. Sanders stated"the agreement could not be between the developer and the railroad it must be belt/een the city and the railroad. Apri 1 10, 1978 Page 9 Mr. Sanders stated they would escrow the money needed for the crossing with the city. Councilman Conant moved~ seconded by Councilman Freeman, to approve PS 78-18. subject to the Engineer letter, excuJding item #1, and subject to an agreement between the city and the railroad, the developer paying the cost of the crossing. Motion ca rri ed 5-0.. PLANNING & ZONING PS 78-28 Planning and Zoning, PS 78-28, request of Engleman, Baker and Hamm for final plat of Lots 2 & 3, Block l~ Carder Addition Mr. Doug Long, Engineer, Hurst, appeared before the Council representing this case. Mr. Long stated they had complied with the Engineersè letter. There had been a change in regard to H:em 1, pertái ni ng to the water 1 i ne on Des·it~ee Lane. The developer had not participated on the old water line. Item #2, the developer did participate ön the street replacement. The developer has revised the plans showing a sewer line tying in to the line that was put in when Steak and Ale was built. Councnman Mills stated he would like to hear the City Engineers comments. '. City Engineer Perkins stated it was possib'le Mr. Hamm had payed for the sewer line. The property di d not develop until recently. It is possible the developer paid his pro-rata on the sewer. He would need to get a 1 etter from Di rector of Uti 1 i ty s Allen Bronstad. on the sewer. Councilman Freeman moved, seconded by Councilman Mills, to approve PS 78-28, subject to the Engineer letter of March 13, 1978, and the city staff being satiJdied. Motion carried 5-0. Mr. Britton asked Mr. Long if the pro rato was due on the sewer would the developer pay it. Mr. Long stated they would have no choice but to pay it. April 10, 1978 Page 10 AMBULANCE ORDINANCE Consideration and approval of Ordinance regulating ambulance service in the City City Manager Riddle stated this item had been discussed in pre council. The Council could need to set the rates per call, if the City operated its own ambulance service. Councilman Mills stated the ordinance stated it would be the Fire Chiefs responsibility for billing. All the other bil~s of the city come from the Finance Department. Fire Chief Gertz stated his Secretary would be where the ambulances were kept and could keep better tract of it. Councilman Mills stated it would be more work for her, and could she handle approximately 300 calls per month. The Fire Chief statéC1 he ~felt she could. Councilman Mills stated he would like an opinion from the Finance Director on the billing. City Manager Riddle stated each department did their own billing, the Finance Department did not do all the billing. After further discussion, Councilman Freeman moved, seconded by Councilman Mills, to table this item until the next meeting. Motion carried 4-1; Councilwoman Reeder.' against. Councilman Mills stated he felt the Council needed more information on the matter. He sugguested the Council appoint someone to go to different cities and get information and have a worksèssion before the next meeting. Mayor Pro Tern Cato advised that Councilman Cavanaugh and Mills and Councilwoman Reeder would get information from other cities and make a report at a worksession to be held Monday, April 17, 1978, at 7;30 p.m. Apri 1 10 ~ 1978 Page 11 EMERGENCY ITEM ADDED Councilman Mills stated it had come to the attention of the Council that the Election Judge named in the proclamation calling a run-off election was illegal to serve at the election. Councilman Mills stated former Councilwoman McClure had been appointed as Judge. According to the City Attorney she was illegal because she must have been out of office for 30 days prior to the election. Councilman Freeman moved, seconded by Councilman Conant, to add this item to the agenda. Motion carried 5-0. Councilman Mills moved, seconded by Councilmar Freeman, to instruct the Mayor to withdraw the proclamation naming Mrs. McClure as Election Judge and name someone else. Motion carried 5-0. Cöuncilman Conant asked the City Attorney for a legal opinion. ADJOURNMENT City Attorney McEntire stated that according to Article 3.04, Sub-section 1, of the Election Code, Mrs. McClure was not legal in acting as Judge of the Election. Mayor Pro Tern Cato adjournded the meeting of April 10, 1978. IUTEST: Q~Y/J~ ~nette Moore Clty Secretary ~ 7 Cð4 Mayor ro Tern -