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HomeMy WebLinkAboutCC 1977-02-28 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 28, 1977 - 7:30 P.M. CALL TO ORDER Mayor Newman called the meeting to order February 28, 1977, at 7:30 P.M. PRESENT: Mayor Councilwoman Councilmen Tom E. Newman Dorothy McClure Denver Mills George Conant, Jr. Walter Smith John Lamond, II I James F. Cato ROLL CALL Mayor Pro Tern STAFF PRESENT: City Manager City Secretary City Attorney City Engineer Dir. Pub. Works M. E. Riddle Jeanette Moore Rex McEntire Dick Perkins Ray H. Britton ABSENT: Councilman Dave Freeman INVOCATION The invocation was given by Mayor Newman. Mayor Newman recognized the Boy Scouts of Richland Hills and their leader Norm Eastman. MINUTES MINUTES Approval of the Minutes of the Meeting February 21,1977 Councilman Mills moved, seconded by Councilman Conant, to approve the minutes of the February 21,1977, meeting as presented. Motion carried 5-0; Councilwoman McClure abstaining due to absence from the meeting. Approval of the Minutes of the Special Meeting February 14, 1977 Councilman Conant moved, seconded by Councilwoman McClure, to approve the minutes of the Special Meeting February 14, 1977. Motion carried 6-0. PLANNING AND ZONING PS 77-2 PS 77-2, Request of Rich1and Enterprises, Inc., for Final Plat of Rich1and Terrace, 6th Filing Mayor Newman ca 11 ed for anyone present wi shi ng to speak for this case to please come forward. Mr. Allan Hamm, Bedford, appeared before the Council representing Rich1and Enterprises. February 28, 1977 Page 2 Mr. Hamm stated the Council had approved the plat February 14, 1977, with the stipulation the records on the existing water line be checked for ownership and subject to the Engineers recommendations. Mr. Hamm advised the only objection they had was the escrowing of money for an 8" water line on Map1ewood. This would be across the street from the property in question. They object to paying for the water line now located on the property. The City does not have an easement for the 1 i ne. Mr. Hamm advi sed he was going to be charged $7,500.00 for lines that are twenty years old. He stated they could not afford to pay this amount and then develop, they would have to lease the property. Mayor Newman stated the property Rich1and Enter- prises wanted to develop would bring in about $50,000.00 to $70,000.00 in taxes for the City. The taxes are now about $500.00 per lot. Mayor Pro Tern Cato stated this case was passed February 14, 1977, and ask Mr. Hamm what he wanted the Council to do. Mayor Newman stated they wanted to find out who paid the $7,500.00. Mayor Newman advised he thought the City paid for the line. Mr. Hamm ask if Tarrant County Water Supply owned the line, why there was no easement. He also stated he had been told the water line was traded for the area where the City has a pump station. He did not know if this was correct. City Manager Riddle stated the City was responsible for maintaining the water lines. If the City had to replace the line, it would have to be based on present prices. Councilman Lamond ask Mr. Hamm if he was not willing to pay the $7,500.00, what would he be wi 11 ing to pay. Mr. Hamm replied, nothing. Councilman Mills ask if this was the only line the City had that we did not get an easement for. Do we have easements on the present water lines. City Attorney McEntire stated a similar situation had occured in another City and the owner traded the easement for the cost of the line. Councilman Mills ask if the line broke would the City have to bear the entire cost. February 28, 1977 Page 3 City Manager Riddle replied we would. Mayor Newman advised the Council that Mr. Hamm had informed him that if the line broke he would give the City the right to check the line. Councilman Mills moved, seconded by Mayor Pro Tern Cato, to release Richland Enterprises of the $7,500.00 in exchange for the easement at no cost to the City. Motion carried 6-0. Mayor Pro Tern Cato ask Mr. Hamm if his engineers would take care of recording the easement. Mr. Hamm replied he would. CITIZENS REQUEST Citizens Request - Mr. Paul A. Wawro, 7108 Riviera Drive, Requesting a Permit to Drill a Well Mr. Wawro appeared before the Council and stated he would like to drill a well on his property located on Greenva11ey Drive. Counci 1 woman McCl ure advi sed she had a well dose to Mr. Wawro and they had to go 650 feet before reaching water. Mayor Pro Tern Cato advised Mr. Wawro the water could not be used for human consumption. Mr. Wawro ask how far the water line was from his property. Councilwoman McClure stated about 1,950 feet. Councilwoman McClure ask Mr. Wawro how much it would cost to dig a well. Mr. Wawro stated about $9.00 per foot. Mayor Pro Tern Cato advised Mr. Wawro if he wanted to drill beyond 200 feet he would have to get a permit from the County. The County would have to approve the water for human consumption. Mr. Wawro stated he wanted to use the water at the present for watering horses. He is building a house and will tie onto City water when it is available. Councilman Conant moved, seconded by Councilwoman McClure, to approve Mr. Wawro's permit to drill a 200 foot well, not to be used for human consumption. Councilman Mills advised Mr. Wawro he had no commitment from the Council to go deeper than 200 feet. If he does not reach water the Council February 28, 1977 Page 4 will not be required to approve additional footage. City Engineer Perkins advised the City did not allow wells over 200 feet. It would be a danger to Ci ty wells. Motion carried 6-0. PLANNING AND ZONING PZ 77-2 PZ 77-2, Request of Tomanet Corporation to Rezone 33.05 Acres Out of the W. W. Wallace Survey from Agriculture to IF-8 One Family Dwelling Mayor Newman called for anyone present wishing to speak for this case to please come forward. PUBLIC OFFICIALS INSURANCE There was no one present to speak for this case. Therefore, it was moved to the end of the agenda. Consideration of Public Officials Insurance Mayor Pro Tern Cato advised a presentation was given on this type insurance at the TML Convention in Dallas. He stated he had tapes concerning the insurance if anyone cared to listen to them. He advised this insurance covered appointed and elected officials. Mayor Pro Tern Cato also stated that two lawyers had advised him that in the State of Texas, appointed and elected officials are covered by State Legislation. City Attorney McEntire ask if the company had given the City a copy of the policy. He stated he knew of one city that had taken out insurance and it did not have very good coverage. Mr. Don Williams, William S. Rigg and Company, appeared before the Council. Mr. Williams advised his company was the originator of this type insurance. A situation came up with the Mayor of Forrest Hill, he was sued personally. William Rigg and Company then wrote a policy to cover this. City Attorney McEntire ask Mr. Williams if he had a copy of the policy. Mr. Williams replied he did, and would leave it with Mr. McEntire to study. Councilman Lamond moved, seconded by Councilman Conant, to table this item until the March 14, 1977, meeting. The City Attorney was instructed to study the policy and advise the Council. Motion carried 6-0. Councilman Mills ask the Mayor to meet with Mayor Purser concerning the suit against him. Also, check and see what the State covers. February 28, 1977 Page 5 SPEED ZONE ORDINANCE NO. 655 Consideration of New Speed Zone Ordinance on Davis Blvd. Mayor Newman ask Mr. Britton for a report on the proposed construction work on Davis Blvd. Mr. Britton stated the State had planned to start staking Davis Blvd. in about 10 days. Due to the Construction of Northeast National Bank, they had staked Grapevine Hwy. and will do Davis later. Councilman Conant moved, seconded by Councilman Mills, to approve Ordinance No. 655. Motion carried 6-0. APPOINTMENT Consideration of Appointment to the Electrical Board Mr. Britton recommended the appointment of Mr. Melvin Gunnels to serve on the Electrical Board. Councilman Lamond stated that Mr. Mitchel Ferris had offered to serve. City Manager Riddle stated Mr. Ferris could not qualify because he was a contractor. We need a Journeyman or Master Electrician. After discussion, Councilman Lamond moved, seconded by Councilwoman McClure, to table this item for further study. Councilmen Smith, Mills and Conant, voting against; Councilwoman McClure, Councilmen Lamond and Cato voting for; Mayor Newman voted for, to break the tie. CONTRACT 14a Consideration of Bids for Contract 14a Mayor Newman advised the Council the following streets would be done under Contract 14a: Deville Drive Cummings Drive East Turner Terrace West Main Councilman Mills moved, seconded by Councilman Lamond, to accept the low of Texas Bitu1ithic, in the amount of $137,863.93. Motion carried 6-0. SPECIFICATIONS Approval of Specifications for Utility Department Cab and Chassis February 28, 1977 Page 6 Mayor Newman ask Mr. Britton if the specifications were written so everyone could bid. Mr. Britton advised they were. Councilman Conant ask if the truck was in the budget. City Manager Riddle advised it was. Councilman Conant moved, seconded by Councilman Smith, to approve the specifications as written. Motion carried 6-0. ORDINANCE Consideration of Ordinance Eliminating 1% City Sales Tax on Gas and Electric Bills Councilman Lamond stated a Bill was before the Texas Legislature to delete the 4% State and City tax from utility bills. The cities will have the option to delete the 1% city sales tax if they so desire. Mayor Pro Tern Cato advised he had talked with the City Finance Director and it would cost the City about $69,000.00 to delete the 1%. City Attorney McEntire advised the Council he did not think they could approve this Ordinance because a public hearing on the budget would be needed. The Council would be taking funds out of the budget. Mr. Henry Besson, 6719 Harmonson Road, appeared before the Council. Mr. Besson stated he did not feel the Council could pass this Ordinance without a vote of the citizens. Mr. Besson ask if the State would regulate taxes. Mayor Pro Tern Cato advised Mr. Besson that the State would regulate the taxes. Mayor Newman ask the City Attorney if the City would have to have an election on the 1% sales tax. City Attorney McEntire advised they could have a vote of the people. Mr. McEntire stated he thought the Council was acting prematurely, the State would have to pass the Bill before the Council could. Councilman Lamond withdrew his request for an Ordinance. EMERGENCY ITEM ADDED PZ 77-2 ADJOURNMENT ATTEST: 2:~/~ m~ J nette Moore, City Secretary February 28, 1977 Page 7 Consideration Developer Agreement, Foster Village Mayor Newman advised the Council he had been contacted Saturday night, February 26, 1977 by Mr. Frank Proctor of Watauga concerning the signing of a Developer Agreement with Foster Village. He had requested this item be placed on the agenda. Mayor Newman advised he would not sign the Developer Agreement without Council approval. Councilman Smith stated that according to Council Rules of Procedure, an item could only be added if it were an emergency and he did not feel this was an emergency. City Attorney McEntire stated the City Manager was the only person who could place an item on the agenda. The Developer Agreements had been brought to City Hall on Friday. Mayor Pro Tern Cato ask what the emergency was. Mayor Newman stated they wanted to start building. Councilman Mills stated he felt the Council had not been given sufficient time to discuss this item. Mr. Frank Proctor, City Coordinator, Watagua, appeared before the Council. Mr. Proctor stated the Council was detaining the developer. They had a lot of money tied up in Foster Village. Councilman Smith called for a point of order. City Attorney McEntire advised the item could not be heard. There was no one present to represent this item. PZ 77-2 was deferred until the March 28, 1977 meeting. Mayor Newman adjourned the meeting of February 28, 1977 . ~~ --?~ - ~James F. Cato - Mayor Pro Tern