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HomeMy WebLinkAboutCC 1976-04-26 Minutes 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 7301 NORTHEAST LOOP 820, APRIL 26, 1976 - 7:30 P.M. Mayor T. E. Newman called the regular council meeting to order April 26, 1976, at 7:30 P.M. CALL TO ORDER PRESENT: Mayor Councilmen ROLL CALL Councilwomen T. E. Newma n George Conant John Lamond Walter Smith Jim Ca to Dorothy McCl ure JoAn Goodnight No councilman is seated for Place 1. STAFF PRESENT: City Manager City Secretary Ci ty Attorney City Engineer M. E. Riddle Winnie Barclay Rex McEntire Dick Perkins The invocation was given by Mayor Newman. INVOCATION Approval of Minutes of Regular Meeting, April 12, 1976 APPROVAL OF MINUTES Motion was made by Councilman Conant to approve the minutes as presented. Second was made by Councilman Cato with the stipulation the minutes be corrected on page 3, under Nomination and Election of Mayor Pro Tern to indicate the item was postponed until after the runoff election. Councilman Conant agreed to the correction. Motion carried 6-0. Vote: 6-0 Election of Mayor Pro Tern Consideration of Contract Change with City Engineers City Manager Riddle explained to the council that the city engineers, in doing work in the city, had been approached several times to do engineering work for different developers. He recommended if the city engineers were contacted and requested to do the work on the volunteer request of the developer that they be allowed to do so because it helps in view of the fact that everything they do will be on their back. Councilman Cato questioned the city attorney and city engineer regarding the city's leverage and liability if this were agreed to. The city engineer indicated that the engineers would still be covered under professional liability and that was where any- ITEM NOT CONSIDERED CONTRACT WITH CITY ENGINEERS one would look in case of litigation. For the record, Mr. Joe Kent, Northeast Community News, is now present. Councilman Cato asked the city attorney if asked if an agreement could be drawn up to hold the city harmless and if such an agreement would be easy to draw up. The city attorney explained that the agreement would not be difficult but, of course, anyone could sue anyone. Councilman Cato stated he would yield the floor but wanted it back in order to move that the item be tabled until the next meeting to let the attorney and engineers work out the agreement. Councilwoman Goodnight asked the city engineer if this would fit into his time table. The city engineer stated that Foster Financial was looking for figures from them tomorrow (April 27.) Councilman Cato stated that a temporary agreement could be added to the motion to allow the engineers to provide the information to the developer now and at the next council meeting have the formal agreement for consideration. Councilman Conant seconded the motion. As no more discussion could be held, Council- man Conant withdrew his second. Councilman Lamond asked how much time preparing the agreement would take. The city attorney said his recommendation was to go ahead and let the city engineers go ahead on this contact. The city engineer also stated that each contract be- tween the engineering firm and a developer would come back befor the council for approval. Councilman Cato changed his motion to allow engineering firm to enter into work project with Foster Financial provided they agree at this point in time to hold the city harmless and postpone action on agreement until city attorney and city engineer could work out agreement to hold city harmless on each of the following contracts. The city engineer agreed to hold the city harmless and said he had the power to do so. Motion was seconded by Council- woman McClure. Motion carried 6-0. For the record, Mrs. Norma Thompson, Chairperson of the North Richland Hills Bicentennial Committee is no present. Consideration of Resolution Pertaining to Section 8, of Community Development Act Councilman Cato stated he had not had opportunity to study this item and moved to postpone until council could have a work session and that the mayor call a work session for this purpose. Motion was seconded by Councilwoman McClure. Councilwoman Goodnight asked the city attorney if there were a deadline. The city attorney replied there was not. Motion carried 6-0. April 26, 1976 Page Two SECTION 8 HOUSING Tabled: 6-0 April 26, 1976 Page Three Consideration of Ordinance Setting Date of the first Board of Equalization Meeting for 1976 Motion was made by Councilman Lamond, second by Councilman Conant, to approve the ordinance as presented setting the date of the first Board of Equalization Meeting for 1976 for May 17, 1976. Motion carried 6-0. Consideration of Resolution Regarding Continuation of Revenue Sharing Motion was made by Councilwoman Goodnight, second by Councilman Cato, to approve the resolution as presented. Motion carried 6-0. Consideration of Resolution Establishing a Utility Rate Study Committee Motion was made made by Councilman Cato, second by Councilman Conant, to approve the resolution as presented. Motion carried 6-0. Consideration of Final Approval of Richfield Pool Project City Manager Gene Riddle stated that the application for the pool project had been approved but final papers must be signed before accepting project. He further stated that there was a time table of three years to finish the project. Councilman Lamond asked if we would be spending $131,150. The answer was yes. He asked the city engineer how long it would take to build the pool. The answer was 8 to 9 months to design and build. Councilman Lamond asked if the amount would be appropriated surplus. The City Manager stated that the land would have to be purchased, approx- imately 5 acres next to Richfield Park, but that the total $131,150 would have to be approved. Councilman Cato asked what the cost of the land would be. The reply was approximately $25,000. Councilman Cato further indicated the agreement would bind the city to $262,300 for a swimming pool which had been turned down. Council- man Smith asked what the chances were of coming up with the surplus of $131,150. The city manager replied he could not predict it. Mayor Newman suggested that the item be postponed to a later date until the council could look at the budget. The city attorney stated it had to be accepted or turned down by June 30. Councilwoman Good- night stated it had been turned down in 1967 bond election. Councilman Cato moved, second by Councilwoman Goodnight, to disapprove final approval of the Richfield Pool Project. Motion carried 6-0. ORDINANCE NO. 625 Vote: 6-0 RESOLUTION NO. 76-5 Vote: 6-0 RESOLUTION NO. 76-6 Vote: 6-0 RICHFIELD POOL PROJECT DISAPPROVED: 6-0 Consideration of Final Payment to Huffman Construction Company in the Amount of $3,921.86 Motion was made by Councilwoman Goodnight, second by Councilman Conant, to pay Huffman Construction Company in the amount of $3,921.86. Councilman Cato asked if the inspector's stamp had been placed for approval of the project. City Manager Riddle replied that it had been accepted. Motion carried 6-0. Reconsideration of insurance on municipal complex City Manager Riddle explained that the original bid accepted was from Leffingwell Agency but that the price had been increased by $793. He stated that there was a question of whether the next low bid should be accepted or advertising for new bids should be conducted. The city attorney replied that the second low bid could be accepted. Councilman Cato yielded to Mr. Roy Miller, representing the second low bidder, Nowlin, Alexander and Alexander. He asked if Mr. Miller were aware the building had to be called a Library under the State Board of Insurance's direction. Mr. Miller explained that his company was not bound by the State Board of Insurance in all areas. City Attorney McEntire asked if Mr. Miller and his company would still stand by the original bid. Mr. Miller replied they would. Councilman Cato asked what would be the gain or loss by going to company not under the State Board of Insurance and still buying same coverage. Mr. Miller and the city attorney explained that all the forms, rules and coverage would be the same as other companies covered by the State Board of Insurance. Councilman Cato read a letter from the State Board of Insurance indicating the rating as a library for the municipal complex. Extensive discussion followed in which it was determined that for the three- year premium of $4,334.36 the coverage date on the policy would go back to January 20 or the binder fee would have to be paid. If the coverage date were set at January 20, it would save the city the binder fee. Motion was made by Councilman Cato, second by Councilman Conant, to place the municipal complex coverage with Nowlin, Alexander and Alexander, for the amount of $4,334.36. Motion carried 4-2, with Councilman Lamond and Council- woman Goodnight voting against the motion. Councilman Lamond stated that the granting of the business to the second low bidder appeared to be "backdoor spending. II Reconsideration of Item 7, Resolution Pertaining to Section 8, of Community Development Act The Mayor stated he had a request of Mrs. Sylvia Burchell to speak regarding the previously tabled item. She spoke and informed the council the city April 26, 1976 Page Four APPROVAL OF PAYMENT Vote: 6-0 INSURANCE BID ACCEPTANCE Vote: 4-2 RECONSIDERATION Refused: 4-3 April 26, 1976 Page 5 attorney was in error regarding the deadline for this item. She stated she had been told the deadline was May 1. The city attorney once more stated that there was not a specific dead- line. Motion was made by Councilwoman Goodnight, second by Councilman Conant, to reconsider the tabled item. The vote was 3-3, with Councilwoman McClure, and Councilmen Cato and Smith voting against the motion. Because of the tie, Mayor Newman voted and his vote was cast against reconsideration at this time in order to give the council time to study the item. There being no other items on the agenda, the meeting was adjourned. ADJOURNMENT - / 1.'- 7. ) ~;¿Lc·. ~ "~'772¿¿/Hj T. E. ewman, Mayor Attest: @ '2 Winnie L.