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HomeMy WebLinkAboutCC 1977-02-14 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 7301 NORTHEAST LOOP 820, FEBRUARY 14, 1977 - 7:30 P.M. ROLL CALL Mayor Newman called the meeting to order February 14, 1977, at 7:30 p.m. PRESENT: Mayor Councilmen Tom E. Newman Denver Mills George Conant, Jr. Walter Smith John Lamond, III CALL TO ORDER STAFF PRESENT: City Manager City Secretary City Attorney Police Chief Dir. Pub. Works M. E. Riddle Jeanette Moore Rex McEntire Hamp Scruggs Ray H. Britton ABSENT: City Engineer Councilwoman Mayor Pro Tern Dick Perkins Dorothy McClure James F. Cato INVOCATION MEMBERS OF THE PRESS: Northeast Community Paul Churchman News Fort Worth Star Joe Kent Telegram Dan Frasier The invocation was given by Councilman Conant. MAYOR PRO TEM CATO PRESENT. APPROVAL OF MINUTES Approval of Minutes of the January 24, 1977, Meeting Councilman Conant moved, seconded by Councilman Smith, to approve the minutes of the January 24, 1977, meeting. Motion carried 4-0; Mayor Pro Tern Cato abstaining due to absence. CITY ENGINEER DICK PERKINS PRESENT. Mayor Newman advised the Council he had a request to move item 17 to first on the agenda because some of the people concerned had to leave. Councilman Smith moved, seconded by Councilman Mills, to hear item 17 first. Motion carried 5-0. WATAUGA CONTRACTS Discuss North Richland Hills - Watauga Contract Mr. Frank Proctor, City Coordinator, Watauga, appeared before the Council to speak on this item. MINUTES FEBRUARY 14, 1977 Page 2 Mr. Proctor stated he felt the procedure you had to go through to be placed on the agenda was terrible. Mr. Proctor said he had called City Hall on Thursday, February 10, and ask to be placed on the agenda. He was told the request would have to be in writing and in the office by noon. Also, he would have to have a conference with the City Manager. He had a letter in by noon, then a meeting was set up with the City Manager. He was harassed and intimidated by the City Manager. Mayor Pro Tern Cato stated he was present at the meeting and did not feel Mr. Proctor was harassed. Mr. Proctor stated he had seen Councilman Mills and Mayor Pro Tern Cato at a Chamber meeting the night of February 10, and Mayor Pro Tern Cato had stated that he was being harassed. Mayor Pro Tern Cato ask Councilman Mills to verify this. Councilman Mills stated the statement was made, but it was strictly in a joking manner. By no means was it to be taken seriously. Mr. Proctor ask the Council to inform the citizens on how to be placed on the agenda. Mr. Proctor advised the Council that a developer had tried to get permission to get a subdivision that consisted of 13 houses serviced with sewer. He was refused. Twelve days later another contractor was allowed service to a subdivision containing 100 houses. Mr. Proctor stated that in the future he wanted all contracts pertaining to Watauga to be reviewed by the Mayor and Council and signed by the Mayor. Mr. Proctor stated that in the past the City Manager had signed the contracts, the City Charter stated all contracts were to be signed by the Mayor. Mr. Proctor advised he felt the contracts the City Manager had signed were not valid. Mr. Proctor requested all contracts pertaining to Watauga be signed by the Mayor. Mayor Pro Tern Cato quoted the following statement from the Council Rules of Procedures: "Any person desiring to be present a subject for City Council action shall advise the City Manager's office of the fact not later than 12:00 noon on Thursday preceding the meeting at which he wishes to have the subject to be considered. Said person shall make himself available for a conference with the City Manager at the Manager's request at some time prior to said Council meeting. II MINUTES FEBRUARY 14, 1977 Page 3 Mayor Pro Tern Cato stated he advised Mr. Proctor there was no problem in getting on the agenda, but Mr. Proctor insisted there was. CITIZENS REQUEST Mayor Newman advised Mr. Proctor anytime he wanted on the agenda to call three Councilmen and they would see to it that he was placed on the agenda. Citizens Request - Rev. V. W. Marcontill, Refund on 1976 Tax Rev. Marcontell, 6719 Mike Drive, appeared before the Council and stated that after he had paid his 1976 taxes he found out his wife was eligible for the over 65 exemption. He was asking the Council to refund him $30.00 that he would have received. He stated the statements sent out were misleading because it had property owner, therefore, he did not know his wife was eligible. He advised the Tax Office that his wife was over 65 and the refund should be made. The Tax Office advised they did not have the authority to refund the money, he would have to go before the Council. Mayor Pro Tern Cato ask Mr. Marcontell if he ask the tax office or the Finance Director. Mr. Marcontell stated the Tax Office. City Attorney McEntire advised it was a State Law that after the Tax Rolls were closed, only the Council could authorize a refund. Councilman Lamond ask Mr. Marcontell if he preferred a refund or a credit on his taxes. Mr. Marcontell stated it did not make him any difference Councilman Lamond moved, seconded by Councilman Cato, to refund Mr. Marcontell $30.00. Motion carried 5-0. WRECKER ORDINANCE Consideration of Change in Wrecker Ordinance (Tabled at January 24, 1977, Meeting) Mayor Newman called for anyone present wishing to speak on this item to please come forward. Mr. George Staples, Attorney, 1516 Precinct, Hurst, appeared before the Council representing Gothard Wrecker and Northeast Wrecker. Mr. Staples advised the Council they were not asking for a monopoly. The two wrecker companies involved wanted the City rotation calls limited to them. People who requested a wrecker could use the one ~ PLANNING AND ZONING PS 76-21 Appeal Hearing MINUTES FEBRUARY 14, 1977 Page 4 they requested. Mr. Staples advised his clients were willing to pay the City a franchise fee. Mr. Wallace Craig, Attorney, 729 Bedford Road, Hurst, appeared before the Council representing Parker Wrecker Company. Mr. Craig advised that his client had been taken off the rotation list of the Police Department. He stated that what the City was trying to do violated the Private Trust Law. He stated his client was unaware of any complaints on his company. Mr. Craig stated his client was taken off the rotation list three weeks ago. They requested he be given double pulls to makeup for the three weeks. Mayor Pro Tern Cato ask if Mr. Parkers Permit was revoked. Mr. Craig advised the Police Department removed him from the list. Councilman Smith stated that Mr. Parker was supposed to be placed back on the list about a week ago. Councilman Mills ask the City Attorney if the City could be sued for Anti-Trust. The City Attorney replied no. Councilman Lamond ask how Hurst handled their wrecker service. Mr. Staples advised they did it on a contract with one wrecker company. Mr. Ed Parker, Colleyville, appeared before the Council. Mr. Parker thanked the Council for allow- ing him to work in the City. He stated he believed in the free enterprize system. He stated his main purpose for appearing before the Council was to ask them not to approve the Ordinance. Mayor Newman read a statement from Councilwoman McClure stating she was against changing the Ordinance. Councilman Mills ask Chief Scruggs if Mr. Parker or AA was unsatisfactory. Chief Scruggs stated the only complaint the Police Department had was the response time was slow. After discussion, Councilman Cato moved, seconded by Councilman Smith to disapprove Ordinance No. 654. Motion carried 5-0. Planning and Zoning - Appeal Hearing on PZ 76-21 (Postponed at the January 13, 1977 Meeting) MINUTES FEBRUARY 14, 1977 Page 5 Mayor Newman declared the Public Hearing on PZ 76-21 open and called for anyone present wishing to speak for this case to please come forward. Mr. Fred Allen, Vice President, Mama's Market appeared before the Council to speak for this case. Mr. Allen stated that Mama's Market was surrounded by stores with lisence to sell beer. Because of this, sales had dropped. When the other stores started selling beer their sales went up. He felt it was unfair for Mamàs Market not to be able to sell beer. Mayor Newman called for anyone present wishing to speak against this case to please come forward. Mr. Ken Cook, 7708 Terry Drive, appeared before the Council. Mr. Cook stated he was speaking on the basis that his Church was across the street from Mama's Market, they teach against drinking. He stated they did not want it. People go in, buy beer, and start drinking before they leave the parking lot. He stated the traffic on Davis is already a dangerous situation and this would only add to it. Mr. Joe Barnett, Davis Blvd., appeared before the Council. Mr. Barnett stated he represented his father and brother. He stated they were within 200 feet of Mama's Market, they were the only ones to appear against this case at the Planning and Zoning Meeting. Mr. Barnett stated the City had an agreement with his brother that if he would allow the store to be built, they would not ever be allowed to sell beer or wine. Mayor Newman closed the Public Hearing. Mayor Pro Tern Cato stated that Mr. Britton was familiar with the traffic pattern, would the re-zoning create a traffic problem. Mr. Britton stated it could only add to a dangerous situation. After discussion, Councilman Lamond moved, seconded by Councilman Cato, to up-hold the decision of the Planning and Zoning Commission and deny PZ 76-21. Motion carried 5-0. Mayor Newman called a five minute recess. Mayor Newman called the meeting back to order. The same Council and Staff were present as recorded at the beginning of the meeting. MINUTES FEBRUARY 14, 1977 Page 6 PLANNING AND ZONING PS 77-1 Planning and Zoning - Request of Thomas A. Jones, Preliminary and Final Plat, Smithfield Acres, 3rd Filing Mayor Newman called for anyone wishing to speak for this case to please come forward. Mr. George Staples, Attorney, 1516 Precinct Line Road, Hurst, appeared before the Council represent- ing Mr. Thomas A. Jones. Mr. Staples advised the Council that Mr. Jones had been told he would have to escrow the money to pay for building Turner Drive. Mr. Staples stated the street was not part of his clients subdivision. No one else on the street had to escrow for the street. Mayor Pro Tern Cato ask if he had any objections to being assessed when the street is built. Mr. Staples stated his client had no objection to being assessed. Mayor Pro Tern Cato ask if he objected to signing a developer agreement, saying he will put up the money when the street is built. Mr. Staples replied, yes. City Attorney McEntire advised the city could have him sign a covenant that runs with the land. Councilman Cato moved, seconded by Councilman Conant to approve PS 77-1, deleting the requirement of developer agreement, Mr. Jones to be assessed at the time the street is built. Councilman Mills requested Mayor Pro Tern Cato to amend his motion, requiring a developer agreement. Mayor Pro Tern Cato amended his motion as requested. Motion carried 5-0. PLANNING AND ZONING PS 77-2 Planning and Zoning - Request of Richland Enterprises, Inc., Final Plat Richland Terrace, 6th Filing Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. Doug Long, Engineer, 1615 Precinct Line Road, appeared before the Council representing Richland Enterprises. MINUTES FEBRUARY 14, 1977 Page 7 Mr. Long stated that Mr. Britton's letter concerning the asphalt would be taken care of. All requirements of the City Engineer have been taken care of. The letter from Mr. Bronstad, Director of Utilities, dated January 12, 1977, stating the developer would be required to escrow the money for water lines on Davis and Maplewood has met with developer approval. There was an 8" water line on the property when it was purchased. A contract had been entered into with Tarrant County Water Supply, water lines are already paid for. The developer objects to paying for them again, he feels like he has paid once and once is enough. City Manager Riddle advised he knew nothing of a contract with Tarrant County Water Supply. Mr. Long advised the City did not have an easement there. The original owner put them in. The developer had to pay a higher price because the lines were already there. City Manager Riddle advised it was designated as City property. Automatically belonged to the City. Councilman Lamond advised he did not feel the developer should have to pay for the lines twice. The developer needs to get the documents showing the lines have been paid for. Mr. Long ask the Council to pass the plat and if his client owed for the water lines he would pay for them. Councilman Lamond moved, seconded by Councilman Conant to approve PS 77-2, subject to the documents showing the water lines had been paid for and subject to recommendations of City Engineer letter dated January 6, 1977, being fulfilled. Motion carried 5-0. PLANNING AND ZONING Planning and Zoning, of the Browning Company, Replat of Lots 21 & 22, Diamond Loch Addition Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. Walter Browning, Developer, appeared before the Council to speak for this case. Mr. Browning advised the Council he was building a house in Diamond Loch and the house was too large for one lot. Councilman Lamond moved, seconded by Councilman Conant, to approve the replat of Lots 21 & 22, Diamond Loch Addition. Motion carried 5-0. MINUTES FEBRUARY 14, 1977 Page 8 HEWITT STREET Consideration of Allocating Additional Funds for Hewitt Street Drainage City Engineer Perkins advised the Council he was instructed to proceed with obtaining the right-of- way on the east side of Hewitt. They have run into some problems in researching the deeds on the property. The deeds were very old and the descrip- tions were not clear. Additional funds were needed to hire a Field Surveyor. Mayor Pro Tern Cato ask the City Engineer if he had talked to anyone to see if they were going to have problems with the right-of-way. City Engineer Perkins advised they had not. Mr. B. B. Calvert, 6721 Hewitt, appeared before the Council. Mr. Calvert stated he would like for the Council to set a time limit on when Hewitt Street would be fixed. Mayor Pro Tern Cato ask the City Engineer if the surveying was done could the street be fixed within 90 days. The City Engineer advised there was about five or six property owners, only one has a dedication. He could not be sure it would be done in 90 days. Mr. J. D. Richmond, 6737 Hewitt, appeared before the Council. Mr. Richmond stated he lived at this address for 11 years. He had watched the develop- ments and also the increased water flow. He stated the situation was getting worse. He and some of the people on Hewitt had spent a great deal of money to build a levy to try and keep the water out of their homes. Mr. Richmond stated he felt that if the ditches were cleaned it would help. He stated that money had been escrowed for Hewitt Street and for four years nothing had been done. He would appreciate it if something would be done. Mayor Newman stated he felt someone was dragging their feet on the project. All of a sudden we do not have the right-of-way needed. Mr. Ron Lyde, 6725 Hewitt, appeared before the Council. Mr. Lyde stated he also would like for the Council to set a completion date for the project. City Engineer Perkins stated one problem they were having was the deeds are different from the maps. Some of the deeds date back thirty years. They are vague. Mr. Lyde ask what would happen if the people refused MINUTES FEBRUARY 14, 1977 Page 9 to give right-of-way. City Attorney McEntire advised we would have to condemn. Mr. Lyde ask if the project would be ready in the next 90 days. City Engineer Perkins replied probably. The plans are ready, we need to get the right-of-way. Construction work has been approved. Mr. Perkins stated when the work was done on Hewitt it would not completely alleviate the problem. Down stream construction would be the only way to cure the problem. Councilman Lamond ask if cleaning the ditches was pending. Mr. Britton advised the only way they could be cleaned would be by hand. He has been trying to get a grade-all from the County. Councilman Lamond moved, seconded by Mayor Pro Tern _ Cato, to approve $800.00 to $1,000.00 additional funds for Hewitt Street. Mayor Pro Tern Cato ask the City Engineer approximately what the cost would be to alleviate the 'entire problem. City Engineer Perkins replied $300,000.00 to $350,000.00. This would be strictly construction cost. It does not include engineering. Motion carried 5-0. APPROVAL OF PLANS AND SPECI FICATIONS Consideration of Approval of Plans and Specifications for Industrial Park Addition, Foster Village Addition, North Hills Addition, and Bursey Road Water Lines City Engineer Perkins advised the Council the overall cost was estimated to be $325,000.00. The asphalt estimated at $27,000.00. If the City could do the asphalt work on Harmonson it would save some money. Mr. Perkins ask the Council to set priorities on the project, if the bids came in higher than money available the last priority could be deleted. The Council set the following priorities: 1. Foster Village 2. North Hi 11 s 3. Industrial Park 4. Bursey Road MINUTES FEBRUARY 14, 1977 Page 10 Councilman Lamond moved, seconded by Councilman Conant, to approve the Plans and Specifications. Motion carried 5-0. Consideration of Approval of Bids for Watauga Outfall Sewer APPROVAL OF BIDS City Engineer Perkins advised the Council that bids had been received on February 9, 1977. There were two alternates. Alternate One was for boring under the street and Alternate Two is for cutting the street. He stated he recommended going with the low bidder, G. T. Construction Company with a bid of $38,183.75, Alternate One. Councilman Lamond ask Mr. Frank Proctor, City Coordinator, Watauga, if he had a preference on the Alternates. Mr. Proctor stated he preferred Alternate One. Councilman Conant moved, seconded by Councilman Mills, to award the bid to G. T. Construction Company, Alternate One. Motion carried 5-0. MINUTE ORDER Consideration of Minute Order on FM Road 1938 from Spur 452 to Mary Drive Mr. Jack Roseberry appeared before the Council and stated he owned a business on Davis. Mr. Roseberry ask if the funds were allocated for the construction of Davis. City Manager Riddle advised Mr. Roseberry the property owners would probably be assessed for some curb and gutter. Mr. Roseberry stated the widening of Davis was only to Mary Drive. This is already a traffic hazard, was there something that could be done to extend it further. City Manager Riddle stated it was a matter of money being available. Councilman Smith moved, seconded by Councilman Conant, to approve Minute Order on FM Road 1938 from Spur 452 to Mary Drive. Motion carried 5-0. MINUTE ORDER Consideration of Approval of Minute Order on 452 from Rufe Snow Drive to Loop 820 City Manager stated this Minute Order was for the reconstruction of Highway 121 from Rufe Snow to Loop 820. If passed we would have to ask Richland Hills for permission to access the property owners in their City. MINUTES FEBRUARY 14, 1977 Page 11 Councilman Lamond moved, seconded by Councilman Conant to approve Minute Order on Spur 452 from Rufe Snow Drive to Loop 820. Motion carried 5-0. Consideration of Paying 1977 dues to American Association of Small Cities PAYMENT Councilman Lamond stated he did not feel we were getting anything from this Association. City Manager Riddle stated the City could get out of the Association and wait and see what happened. Councilman Lamond moved, seconded by Councilman Smith, not to pay the 1977 dues to the American Association of Small Cities. Motion carried 5-0. CITIZENS PRESENTATION Mrs. Robert Gagliono, 7312 Deaver, appeared before the Council. Mrs. Gagliono stated that she was here to complain about the garbage service. She stated she had deducted $1.00 a month from her garbage bill because she had to clean the street and her yard every time the garbage men came. She stated they dumped glass and garbage ,in the street. They take pride in their neighborhood and ask that something be done about this situation. They had called Estes several times, nothing had been done. The City Manager was instructed to check this complaint and see if the situation could be corrected. ADJOURNMENT Mayor Newman adjourned the meeting of February 14, 1977. ~~~~~ Tom E. Newman, ~a~ r ATTEST: