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HomeMy WebLinkAboutCC 1976-06-14 Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 7301 NORTHEAST LOOP 820, JUNE 14, 1976 - 7:30 P.M. CALL TO ORDER Mayor Tom Newman called the regular Council meeting to order June 14, 1976, at 7:30 p.m. ROLL CALL PRESENT: Mayo r Councilman Counci lwoman Councilmen T. E. Newman Denver Mills Dorothy McCl ure George Conant, Jr. John Lamond Walter Smith James F. Cato STAFF PRESENT: City Manager Acting City Secretary City Engineer M. E. Riddle Jeanette Moore Dick Perkins PRESS REPRESENTATIVE: Fort Worth Star Telegram Dan Fraizer ABSENT: Councilwoman City Attorney JoAn Goodnight Rex McEntire INVOCATION The invocation was given by Councilman Conant. APPROVAL OF MINUTES Approval of Minutes of Regular Meeting May 10, 1976 Councilman Lamond moved, seconded by Councilman Conant, to approve the minutes of the May 10, 1976, meeting. Councilman Mills advised the minutes should be amended as fol1:ows: IICouncilman Cato moved, seconded by Councilman Conant, to add an emergency item to the agenda. II Motion carried 6-0. Motion to approve the minutes as amended carried by a vote of 5-0; Councilwoman McClure abstaining due to absence from the meeting. APPROVAL OF MINUTES Approval of Minutes of Special Meeting May 17, 1976 Councilman Conant moved, seconded by Councilman Smith, to approve the minutes of May 17, 1976. APPROVAL OF MINUTES Councilman Mills advised that the minutes quoted him as asking if the ordinance had been approved by the City Attorney. Councilman Mills stated he asked if the ordinance had been approved as to form and legality. After discussion, Mayor Newman advised the Council that the minutes of May 17, 1976, would be checked and placed on the June 28,1976 agenda. Approval of Minutes of Special Meeting of May 18, 1976 Councilman Mills moved, seconded by Councilwoman McClure, to approve the minutes of May 18, 1976. Motion carried 6-0. APPROVAL OF MINUTES Approval of Minutes of Special Meeting of June 1, 1976 SERVICE AWARDS Councilwoman McClure moved, seconded by Councilman Conant, to approve the minutes of the June 1, 1976, meeting. Motion carried 5-0; Councilman Smith abstaining due to absence from the meeting. Presentation of 5 year Service Awards Mayor Tom Newman presented Mr. Tommy Sears of the Utility Department and Mr. Gene Riddle, City Manager, with a certificate and five year pin and congratulated both for five years of service with the City. REQUEST Mayor Newman told the Council that he had a request to hear item number 12 on agenda at this time. The Attorney representing this case needed to leave early. All Council Members approved. PLANNING & ZONING PZ 76-2 PZ 76-2, Request of Juanita Anglin, Anita Snow and Jerry Anglin, from Planned Development to Commercial Mr. Tim Truman, Attorney, appeared before the Council stating he represented Mrs. Aglin, a widow, and her children. He stated the property was located at 3805 Rufe Snow Drive. There is a house on the front of the property and 3000 square foot building on the back of the lot. It is bounded on the west by the creek, on the east by residential and the north by commerical. Mrs. Aglin attempted to lease the building out and the city stopped her because it was not properly zoned. In January of 1976, the Planning and Zoning Commission approved the zoning. Mr. Truman advised he thought the property was best suited for commercial. Councilman Cato asked Mr. Truman if the building conformed to the Building Code. Mr. Truman replied that it did. Councilman Cato asked if he was aware of the fact that a screening fence would have to be erected and also that Mrs. Anglin could not live in the house if the property was zoned commercial. Mr. Truman stated that Mrs. Aglin was aware of the fact that a screening fence would have to be erected. She does not have the money at this time, but did not intend to lease the building until it was put-up. She is also aware that she will have to go before the Board of Adjustment for a variance so she could live in the house. There was no one present to speak aganist this request. CITIZENS PRESENTATION MR. HAROLD BRESNAN CITIZENS PRESENTATION Councilman Lamond moved, seconded by Councilwoman McClure, to approve PZ 76-2. Motion carried by a vote of 5-1; Councilman Cato voting against. Mr. Bresnan was not present at this time and this item was moved to the end of the agenda. Employee Presentation by the Police Association to Present a Salary Proposal Mr. Doyle Brown represented the North Richland Hills Police Assocition. Mr. Brown asked that a salary increase be considered during the up-coming budget work session. Mr. !Brown stated that the Police Department had a 40% turn-over in personnel, fi ve had left recently and other's are 1 ooki ng for higher paying jobs and better benefits. Councilman Lamond asked Mr. Brown if the turn-over was because of low morale of the salary. Mr. Brown stated the morale was good, they were leaving for higher pay. Councilman Cato stated that Mr. Brown had referred to the benefits as one of the reasons for people leaving, as well as the pay scale. Councilman Cato asked if he could be more specific on the benefits, North Richland Hills had one of the best, except for retirement. Mr. Brown replied the main concern was the pay scale, it is not suffcient. There is no retirement and there has been numerous complaints on the insurance. Most cities pay all the insurance and our city only pays for the employees and not their dependants. Councilman Cato asked Mr. Brown to make the Council aware of the basis he used to come up with the recommended salaries. Mr. Brown stated a survey of other cities pay scale was conducted. He stated they wanted to be equal with other departments, without an increase more people will leave. Councilman Cato asked Mr. Brown if he realized that in his proposal he called this a base salary, the minium he used was higher than any other city in the Dallas, Fort Worth area. Mr. Brown stated the reason being was because of a cost of living raise included in the other cities. Councilman Mills inquired as to what was used as a cost of living increase, you stated the percentage was within 7% to 8%. Mr. Brown stated that a cost of living raise was not figured in their proposal. Councilman Mills asked Mr. Brown if he anticipated a cost of living raise. Mr. Brown replied he did not. Councilman Mills asked approximately how many employees were in the Police Department, how many belonged to the Police Association and how many signed the proposal. CITIZENS PRESENTATION MR. HENRY BESSON Mr. Brown replied that there were 32emp 1 oyees . 29 were members of the Association and all members signed the proposal. Request that Ordinance No. 626 be Rescinded Mr. Henry Besson, 6640 Briley, appeared before the Council and stated that he felt Ordinance No. 626 should not be adopted because the precept in the ordinance was not correct. Mr. Besson read a prepared statement to the Council referring to several Sections of the City Charter. (Copy of Mr. Bessons' letter on file in office of the City Secretary) . Mr. Besson also stated that the passage of Ordinance No. 626 will have no effect whatso- ever, but will show a subtrifuge being used by the Council in its attempt to limit the powers of the Mayor by Ordinance. Mr. Besson presented the Council with a petition requesting that Ordinance No. 626 be rescinded. Councilman Cato asked Mr. Besson if he was aware of the fact most of what he presented was brought up at the time the Ordinance was passed and the City Attorney advised that it was not an attempt to amend the City Charter. Mr. Besson replied that the City Attorney stated that it was his legal opinion, he did not say it was correct. He also stated he had no law to refer to make a definite dfscission. Councilman Cato asked Mr. Besson if he felt that all officers and Board Members should be appointed each time there was an election. Mr. Besson stated the articles referred to are not clear in the Charter, if they want these Articles and Sections amended, then re-wri te them to sui t whatever you wish and present them to the people and get them approved. Mayor Newman told Councilman Cato the basic reason Mr. Besson was here was to request that Ordinance 626 be rescinded and he felt that the Council should rescind it or if they so desired have an election to correct the Charter or clarifiy it. This should be done bv the people and not the Council. Councilman Lamond advised he had talked to the City Attorney before the Ordinance was passed and was advised the Ordinance was in fact legal. Councilman Conant stated he did vote for the Ordinance because he felt there was some clarification necessary. If the citizens want to vote on it, I am in favor of it. He stated he did not know what the petition said, but if they want a new election on the Charter, lets check the legality and proceed. Councilwoman McClure stated that she did not vote for the Ordinance and felt by changing the wording, it changed the Charter. Councilman Mills stated he was in favor of leaving the Ordinance the way the Council passed it. If we have an election or referendum we might change other things in the Charter. Mayor Newman stated that he had checked with other attorney's outside of the City Attorney, and feels that the Ordinance is illegal and he felt he had to go along with the citizens of the city. We have taken away a right they had. Councilman Cato asked Mr. Besson if it was his intention to call for an amendment to the Charter. Mr. Besson replied if the Charter was to be changed, then put it to a vote of the people. He stated in his opinion this Ordinance attempted to change the Charter. Mayor Newman read the petition and advised Councilman Cato the peti tion requested that Ordinance No. 626 be rescinded. Mrs. Myrtis Byrd, 8320 Dude Court, appeared before the Council to speak against the Ordinance. Mrs. Byrd stated she did not sign the petition and felt that passing the Ordinance was illegal. She felt the Ordinance should be rescinded. If the Charter could be changed by this Ordinance then every time someone wanted to change it, they could change it to read like they wanted too. If you want to change the charter, put it to a vote of the people. Councilman Cato asked Mrs. Byrd if there was any reason she was picking on Ordinance No. 626, when Ordinance 318 said the same thing. Councilman Cato explained Ordinance No. 318 to Mrs. Byrd. Mrs. Byrd asked Councilman Cato if the people could vote on Ordinance No. 318. Counciman Cato replied only the Council. CITIZENS PRESENTATION MRS. KAROLD CATO Councilwoman McClure moved, seconded by Councilman Smith, to rescind Ordinance No. 626. Motion failed by a vote of 2-4; Councilwoman McClure and Councilman Smith voting for; Councilmen Lamond, Cato, Conant and Mills against. Mrs. Karold Cato Requesting relocat~on of Billboard at 5001 Rufe Snow and a Sign Ordinance Mrs. Karold Cato, 6729 Corona, appeared before the Council and stated she was representing approximately 100 people who had signed a petition to have a Billboard relocated. She stated the sign was in poor taste. The sign is 12x25 and 40 feet high. The advertizing on the sign was so bad the newspaper would not print it. Mrs. Cato also asked that the Council consider a sign Ordinance. Councilman Smith stated that he thought our sign Ordinance was lacking and should be looked into. Councilman Mills asked the City Manager if a building permit was issu~d for signs. Mr. Riddle replied a building permit was ~ sStted. Councilman Mills asked what was required for a permit. Mr. Riddle stated that a set of plans and billboard they are going to put in., and if it is on State right-of-way they go to the State for a permit.and then come to the city. Councilman Mills asked if we had any control or are you bound to issue it without any kind of elective, like footage of a residential area. Mr. Riddle advised that billboards of this type are allowed only in commercial and indus tri a 1 . zoned property. Mayor Newman recommended that the City Manager investigate the sign ordinances of other cities and research it. APPEAL HEARING PZ 76-5 Appeal Hearing - PZ 76-5, First National Bank of Hurst, Mr. Charlie Evans, Attorney, represented the First National Bank of Hurst in this request. Mr. Evans stated that there were two lots involved that ODS Construction owned. A building permit was iss~ed for one lot for Neighbor.hood Retail Specific Use. A large building was built behind the house that did not meet the Zoning Ordinance. ODS went bankrupt and the Bank had to take it back. A lawsuit~as filed against ODS for the bui 1 di ng" to be torn down. The suit was not against the Bank. Council man Cato asked if the Bank was s ti 11 unwilling to tear the barn down. Mr. Evans replied they did not want to take it down. Mrs. Jo Ann Williams, 7900 Maplewood, appeared before the Council and stated that the building was illegal and should be torn down. Mr. Walter, appeared before the Council stating he was also against this zoning. RESOLUTION 76-8 After discussion, Councilman Cato moved, seconded by Councilman Smith, to postpone action until June 28, 1976, meeting, and instruct the Mayor, City Attorney, Bank President and Mr. Evans to have a meeting and get a written agreement from the bank to tear the building down if approved. Motion carried by a vote of 6-0. Consideration of Resolution Authorizing Certain People to Sign Checks. Councilman Conant moved, seconded by Councilwoman McClure, to approve Resolution No. 76-8 as presented. Motion carried by a vote of 6-0. BID Consideration of Specifications and Bidding of New Computer Mr. Riddle informed the Council that Mr. Bill Marks was present and could answer any questions they might have. Mr. Riddle explained the specifications for the mini computer is similar to the one we have now. We recommend this computer because of the time involved, 4000 more bills in 8 hours. We would have to go over 16000 before we would go over an 8 hour work day. We would also keep our old computer. Councilman Mills asked the reason for the increase. Councilman Cato explained that 2 meetings ago they were told the 9,000 would have a potential of only three years. That apparently is not true. Mr. Cato stated that a meeting was held and looked at the operation currently being done on the 8000. We have been told the 9000 would adequately serve us. The recommendation is to keep the 8000 and purchase the 9000. Mr. Bill Marks stated that he had taken a survey of surrounding cities of similar size and the other cities that are using the L series and doing the same thing that you want to do. This city could use 2 mini- computers and spending one-half that would be required for a larger computer. Councilman Cato moved, seconded by Councilman Conant, to approve bids for the 9000 mini- computer. Motion carried by a vote of 6-0. APPROVAL TO ERASE TAPS Approval to Erase Tapes of Meetings after they are 6 months old Mayor Newman asked Mr. Riddle if he had checked with the City Attorney about the legality of erasing the tapes. Mr. Riddle replied that the minutes are the official record. We seldom go to the tapes. We do not legally have to keep the tapes. Councilman Cato advised he had talked to the Attorney and he stated we did not legally have to keep the tapes, but advised that we keep them 30 to 60 days. Councilman Mills inquired as to what tapes. Mr. Riddle explained all departments that use tapes. Councilman Mills moved, seconded by Councilman Conant, to approve erasing tapes after they are 6 months old. Motion carried by a vote of 6-0. RESIGNATION Consideration of Accepting the Resignation of Winnie Barclay Councilman Lamond moved, seconded by Councilwoman McClure, to accept the resignation of Winnie Barclay. Motion carried by a vote 6-0. Consideration of Dropping the Monthly Retainer of Christian, Miller & Honts RETAINER Councilman Cato asked what we were currently paying the Firm. Mr. Riddle replied 275.00 per month. He also stated that the last major grant was the Criminal Justice Grant. The Police Department is currently working with the Council of Governments on a grant. After discussion, Councilman Lamond moved, seconded by Councilman Cato to drop the monthly retainer of Christian, Miller & Honts. Motion Carried by a vote of 6-0 TAX ROLLS Consideration of Accepting and Closing the Tax Rolls for 1976 Councilman Conant moved, seconded by Councilman Mills to approve Ordinance No. 628 as presented. Motion carried by a vote of 6-0. RESOLUTION Consideration of a Resolution to Allow Application for 701 Planning Mr. Riddle advised the Council this was similar to the 701 planning money we are getting this year for the water update. If they grant the full amount we request they pay 2/3 and we pay 1/3. Councilman Mills asked if this was a continuing program or did it have an expiration date. Mr. Riddle replied that it was on a yearly basis. RESOLUTION Dick Perkins advised the deadline to submit the application was June 21, 1976. If you apply for the program next year you will have to pass a similar Resolution. Councilman Mills moved, seconded by Councilwoman McClure to approve Resolution No. 76-9, as presented with an additional Section 3, to state that the Mayor as the Executive Officer of the City authorized to participate in the long range planning program. Motion carried by a vote of 6-0. Consideration of a Resolution for Water Study Criteria Dick Perkins appeared before the Council and stated that this item is part of the work program for the TRA water study which is being done by HUD by the Mayors Council Part of the program states that the Council should adopt certain criteria concerning their cities. After discussion, Councilman Conant moved, seconded by Councilman Mills, to postpone Resolution 76-10 until June 28, 1976, meeting. Motion carried by a vote of 6-0. Copies of Master Plan to be given to Councilmen Mills, Smith, and Councilwoman McClure before June 28, 1976, meeting. RICHFIELD POOL PROJECT CITIZENS PRESENTATION MR. HAROLD BESNAN ADJOURNMENT ATTEST: Consideration of Approval of Richfield Pool Project Mayor Newman advised the Council that he and the City Manager talked with the people at the Department of Parks and Wildlife and they were willing to go along with the cities proposal. Mr. Riddle advised the Council that we would probably be able to only purchase the site. It would cost between 25,000 and 30,000, the city would participate with half of this. The second year, build the pool and some concrete. The third year parking lot and lighting. The total cost would be 261,500. After discussion, Councilman Lamond moved, seconded by Councilman Conant, to postpone this item until June 28, 1976. Motion carried by a vote of 6-0. Mr. Harold Besnan, Request Variance from the Brick Ordinance Mr. Besnan was not present. Councilman Cato moved, seconded by Councilman Smith, to postpone this item until June 28, 1976. Motion carried 6-0. Mayor Newman adjourned the meeting at 10:50 p.m, June 14, 1976. 9~~",",~AØ T. E. N an, Mayor ð~ki) Acting City Secretary