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HomeMy WebLinkAboutCC 1976-02-09 Minutes f MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICH- LAND HILLS, TEXAS, HELD AT THE CITY HALL, 7301 NORTHEAST LOOP 820, FEBRUARY 9, 1976 - 7:30 P.M. Mayor Dick Faram called the regular council meeting to order February 9, 1976, at 7:30 P.M. Councilman Newman requested that the record show this was the first council meeting in the new city ha 11 . PRESENT: Mayor Councilmen Di ck Faram Norman Ell i s George Conant John Lamond Tom Newman Jim Cato Dorothy McClure JoAn Goodnight Councilwomen STAFF PRESENT: City Manager City Secreta ry City Attorney City Engineer Chief of Police Director of Public M. E. Riddle Winnie Barclay Rex McEntire Dick Perkins H. S. Scruggs Works Ray Britton PRESS: Dan Frazier, Fort Worth Star-Telegram The invocation was given by Councilman Norman Ellis. Approval of Minutes - January 12, 1976 Motion was made by Councilman Lamond, second by Councilman Ellis, to approve the minutes as read. The city manager stated that approval of minutes for December 22 meeting indicated Councilman Cato had abstained when actually he had been absent from the meeting. Minutes were corrected accordingly. Mayor Faram called for a vote, motion carried 6-0, with Councilman Cato abstaining due to his absence from the January 12 meeting. Proclamation - OEA Week Mayor Faram recognized Miss Deborah Holt, president of the Rich1and High School Office Education Associa- tion, and presented her with a prob1amation declaring February 8-14, 1976 as National OEA week. Councilman Norman Ellis introduced Mrs. Marsha Murray, sponsor for the Rich1and organization. CALL TO ORDER ROLL CALL INVOCATION APPROVAL OF MINUTES Vote: 6-0 PROCLAMATION Park Board Report by Bill Polster Mr. Bill Polster, Park and Recreation Board, made a report on the last meeting of the board, held February 2, 1976. Mr. Polster stated that it was the recommendation of the board that the old city hall not be sold, as rumors were indicAting would be the case, but that it be converted into a civic and recreation center. He discussed additional items as they appeared in the minutes and copied information. He requested that a work session be set up in March between the council and the park and recreation board. Councilman Ellis asked what action was taken on the city employees· request for use of the ball diamonds. Mr. Polster replied that the request was received too late for action. Councilman Lamond questioned Mr. Polster regarding the absences of board members and then requested that the city staff research and furnish this information. Councilman Newman questioned the attorney regarding the necessity for publishing notices. It was determined that notices of meetings must be published. Councilman Ellis asked if the Board were aware of the rules for the new meeting room. Mr. Polster replied that he was now. The City Secretary indicated that the rules would be mailed to all commission and board members, at the request of the Mayor. Citizens Presentation - Mr. Charles Evans Mayor Faram recognized Mr. Charles Evans, Attorney at Law, who made a presentation for Mr. Lowell Hilger, 8152 Rosebud Trail, requesting that Mr. Hilger be allowed to leave aluminum wiring in his house, rather than installing copper wire as called out in the building code. Extensive background back to 1972 was given by Mr. Evans, indicating that the house in question had been built and had final inspection in 1972, three months prior to the installation of the copper wire requirement; however, the certificate of occupancy had not been issued and the property was in- volved in foreclosure. It was stated that the City Electrical Board agreed to allow the aluminum wiring if Mr. Hilger would hold the City harmless; however, the council would have to formally act upon the question. Extensive discussion followed. Councilman Ellis asked if Mr. Evans' client had met all other provisions of the covenant signed by Mr. Hilger. Mr. Evans stated he presumed so but had not discussed the other pro- visions, as he was requesting approval of the aluminum wiring only. Motion was made by Councilman Ellis, second by Council- woman Goodnight, to approve the aluminum wiring on basis of what has been presented, if the facts are as stated; however, I would include in that motion that we not issue certificate of occupancy until all provisions of the covenant have been met. Councilman Newman objected to the covenant being mentioned in the motion. Councilman Cato asked if Councilman Ellis would February 9, 1976 Page Two PARK BOARD REPORT No action required. CITIZENS PRESENTATION Vote: 7-0 73' r consider a substitute" motion, deleting rtference to the covenant. Councilman Ellis replied t~at he would not. Mayor Faram called for a vote on thf motion. Motion carried 7-0. i ¡ Citizens Presentation - Mr. Frank YarbOrO~~ The Mayor recognized Mr. Frank YarbOrOUgh~ who came forward to request the council change theI'covenant between himself and the City. Mr. Yarbor ugh stated that one week ago he had been refused fin 1 inspection and certificate of occupancy on the groun~s that his source of water was in violation of the c~venant. After a lengthy narrative, Mr. Yarborough I stated he wanted the City not to change the covenant to delete the requirement for city water, as he wou d be getting it from a well inspected by the State Hea th Department, but to just let him live in the house tha he had com- pleted and wanted to move his family lntoj Upon question- ing by the Mayor regarding Mr. Yarboroughs re1actance to divulge the source of his water supply to~'city employees, Mr. Yarborough stated that the employees ad been IInasty" to him with their attitude. Councilman C to asked Mr. Yarborough if he were in violation of the covenant: Mr. Yarborough stated that he didn't beli ve he was. Councilman Cato asked, IIWhy are you here f you believe you are not in volation of the covenant?lI. Mr. Yarborough said the city manager had suggested this s the subject in order to get on the agenda. Councilman C to asked why Mr. Yarborough why he did not come before the council before he obtained the water, not after. counCilma Cato asked the City Attorney if the waiving of one porti n of the covenant would void the whole covenant. The City ttorney said the council was not at liberty to just say, lilt's oka .11, as would be the case of an ordinance, that it would requi e more study and more action than that. Councilman Lamond qUeStiOned the City Manager regarding the private water supplier, McK e, and his competion with the city in the sale of water. The ity Manager replied that McKee had four wells, he believed, With one being in the City. Lengthy discussion followed, in wh ch Councilman Ellis read statements by City employees regardi g Mr. Yarborough's rudeness to them. Mr. Yarborough respond d that he was not proud of his behavior, but did not deny t e statements. Councilman Newman asked if the council COfld allow the violation of the covenant and if we were not allowi g it with the other owners. The city attorney replièd that p ssibly the other home owners would be required to sign a new co enant. Councilwoman Goodnight asked Mr. Yarborough if he had iega1 counsel when he signed the covenant and if the attorney h~d explained the covenant to him. Mr. Yarborough stated he did. Cøunci1woman Goodnight asked if he signed the covenant with legai counsel, as an adult, and knew what he signed. He stated that indeed he had. Upon being questioned regarding his attempts t~ dig a well and obtain water, Mr. Yarborough that he had not ind~ed drilled for water but that he had talked to drillers who to1d him he could not get water at 200 feet or 400 feet, but would ~ventual1y be into the city water supply, which was prohibited. After further discussion revolving around the quality and adequacy of the septic system February 9, 1976 Page Three CITIZENS PRESENTATION Tabled: 5-2 191' February 9, 1976 Page Four installed on the properties, the Mayor ca led for a motion. Motion was made by Councilman L mond, second by Councilman Ellis, to deny any c ange in the covenant and I feel that protection 0 the 'other 22,000 citizens of North Rich1and H lls is important here. Councilman Cato asked Co ncilman Lamond if in making the motion if it wer his intention to preclude anyone from moving nto the houses. Councilman Lamond stated it woul definitely preclude any more occupancy until such t me as the covenant was met. Councilman Cato offere an amend- ment stating that the four individuals no be pre- cluded from moving into homes because of he present water supply. Councilman Newman seconded the amend- ment. Councilman Conant stated that he d p10red all the circumstances of the whole situation ut that it was a matter of these people having water and although his heart was not in it if there was no 0 her water available some solution had to be found. City manager Riddle stated that if the home owners wou d be willing to spend some money in inspection of the ater line and bringing it up to standard possibly alrelease could be obtained from the Bank of North Texas to tie the water line into the city water maln. Mr. Yar- borough replied at length indicating that the home- owners at one time spent $300 to do just hat and the city denied them the use of the water line. Mayor Faram asked Mr. Yarborough if he would or would not agree to do this. Mr. Yarborough said he could not speak for all four homeowners but that si ce they had been out the expense of installing the li e to the other water source and had been refused by the ity in the past, he felt they would be extremely rel ctant to agree to this. Councilman Ellis moved to'table the motion until the council could determine ow feasible it would be to get the water line up to s andard. He further stated that he felt if Mr. McKee ere forced to quit selling water the residents would be back in the same position, without water, unless he problem could be worked out. He further said he nderstood their problems but that if they were to b citizens of North Richland Hills, which they were, I they must abide by the ordinances, rules and regulations just as all the other residents of the city. qouncilwoman Goodnight seconded the motion. Motion catried, 6-1, with Councilwoman McClure voting against the motion. Mayor Faram called a 10-minute recess. i I Mayor Faram called the meeting back to or~er with all those listed as present above still prese~t. I Mayor Faram declared for the record that 10uncilman Newman wanted his vote recorded as IInoll 0 the above motion, changing the vote from 6-1 to 5-2 with Council- woman McClure and Councilman Newman votin~ against the moti on. RECESS CALL TO ORDER Request Approval to Change Procedure of Arimal Control ~ I Councilman Cato asked the city manager ùetails 'about a previous study to build a pound. 'The city manager stated that the study had betn done in connection with a bond issue but he th ught the figures were approximately $10,00 for the land, and $45,000 for the pound, but felt those I figures probably were not accurate. Further dis ussion centered around the fees charged for the ogs. Motion was made by Councilman Cato to acc pt the recommendation of the Police Chief and Ci y Manager and place the animals in the Tarrant Coun y Humane Society facility at a fee of $2 per day. Motion was seconded by Councilman Ellis. The city manager was aked if other alternatives had been e*p1ored for use of other antmal shelters in the area. i The city manager suggested that Chief Scruggs resp nd to the question. Chief Scruggs told the council hat he had talKed with Hurst and Haltom City off cials and they refused to allow the use of their fa ilities. Mayor Faram called for a vote on the moti n. Motion carried 7-0. Councilman Cato suggested t at an amendment be drafted to ordinance #465, i creasing the fees. Consideration of Insurance Bids on Munici The city manager was questioned regarding1the two bids received for the insurance on the mu icipal complex. Councilman Ellis asked for clar fication on the bids. The city manager explained is preference for the Alexander and Alexander bid. Mot on was made by Councilman Ellis to reject both bids, et further clarification when new bids were received and re-submit for bids. Second was made by Councilman ewman. Council- man Cato stated this should be done with he understanding that the council was definitely rejecting both bids. Motion carried 7-0. Consideration of Bids for Liability Insur~nce Bids Mayor Faram asked the city manager for hi recommendation. The city manager indicated that really th re was just one firm bid and that was Alexander and Alexa der. Additional discussion followed regarding premium dis ount and experience rates. Motion was made by Councilman Ell s, second by Councilman Cato, to table the item. Moti n carried 7-0. ! Consideration of Bids for Utility Departm~nt Pickup Trucks I Motion was made by Councilman Conant to ~urchase the two 3/4 ton pickup trucks from Bill McKay Che rolet at the price of $8,700.30. Motion was seconded b Councilman February 9, 1976 Page Five ANIMAL CONTROL PROCEDURE Vote: 7-0 540' INSURANCE BIDS Rejected: 7-0 637' INSURANCE BIDS Tabled: 7-0 736' PURCHASE OF PICKUPS --T I i Newman. Councilwoman Goodnight asked there the extra $700.30 would be coming from, si ce this was in excess of the budgeted figure. Theìcity manager stated the account would run in the re and then taken out of the reserves of that depa tment at the end of the year. Mayor Faram called f r a vote. Motion carried 7-0. I , Approval of Ordinance Calling an Elect1~ I , I Motion was made by Councilman Newman, econd by Councilman Lamond, to approve the ordi ance calling for a city council election for April , 1976. Councilman Newman stated that he was a tempting one more time to stay with two polling pla es rather than going with one. The city attorne explained that pre-clearance submission had to b made 60 days prior to the election and it had been ade with one polling place, complying with an infor al vote made on the subject, a vote which he though was unanimous. Councilman Newman replied that it wasn t unanimous because he had been against it then an still was. The city attorney stated that the nami g of the election judges should also be made a ~art of the motion, if the Mayor did not appoint t~em. Mayor Faram appointed Mrs. Ann Smith to act Js election judge and Mrs. Laura Wilhite to act as alternate judge. Mayor Faram called for a vote nd motion carried 7-0. I I Approval of Resolution for Communicatiqn Rules of Public Utility Companies I Motion was made by Councilwoman Goodni ht, second by Councilman Newman, to approve the r solution as presented. At the request of the c uncil, the city manager explained that some actio was required under the Public Utility Regulatory Ac , and that this resolution was acceptable to meet the requirements. Motion carried 7-0. I Approval of Payment for Maurie Drive s1wer Line Motion was made council.man Lamond, secJnd by Council- woman Goodnight, to approve payment in Ithe amount of $5,665.26. Motion carried 7-0. I I A roval of Pa ment of Dues to Chamber of Commerce Motion was made by Councilman Conant, second by Councilwoman Goo night, to approve payment in the amount of $500 for 1976 dues to the Ha1tom- Richland Chamber of Commerce. Motion arried 6-1, with Councilwoman McClure voting against th motion. February 9, 1976 Page Six ORDINANCE NO. 622 Vote: 7-0 Side 2 RESOLUTION NO. 76-2 Vote: 7-0 25' APPROVAL OF PAYMENT VOTE: 7-0 31' APPROVAL OF PAYMENT Vote: 6-1 34' Motion was made by Councilman Newman t approve payment in the amount of $25,575 and $ 95 to Thomas Electronics. Councilman Conant seconded the motion. Discussion followed which indicated the council was not satisfied with the speaker system in the council chamber and that the work was not complete. Motion was made by ouncilman Ellis, second by Councilman Cato, to t ble the item until the council meeting of Febr ary 23, 1976. I ! Approval of Payment to Stafford R. Har~ , Motion was made by Councilwoman GOOdni~ht, second by Councilman Lamond, to approve payme t in the amount of $45,606 to Stafford R. Hardi , General Contractors. Motion carried 7-0. I , ¡ There being no other items on the agerda the meeting was adjourned. Aroval of Pa ment to Thomas Electron·cs ATTEST: ~~¡t,L~ WINNIE L. BARCLAY, CITY SE ETARY February 9, 1976 Page Seven APPROVAL OF PAYMENT Tabled: 7-0 36' APPROVAL OF PAYMENT Vote: 7-0 65' ADJOURNMENT ~-dawmJ ICK FARAM, MAYOR