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Home My WebLink AboutCC 1977-11-14 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, NOVEMBER 14, 1977 - 6:30 P.M. CALL TO ORDER Mayor Newman called the meeting to order November 14, 1977, at 6:30 p.m. PRESENT: Mayor Councilwoman Councilmen Tom E. Newman Dorothy McCl u re Denver Mills George Conant, Jr. Walter Smith Dave Freeman James F. Cato ROLL CALL Mayor Pro Tern STAFF PRESENT: City Manager City Secretary Director Public Works Director Utilities Ci ty Attorney C,i ty Engi neer M. E. Riddle Jeanette Moore Ray H. Britton Allen Bronstad Rex McEntire Dick Perkins ABSENT: Councilman John Lamond, III INVOCATION APPROVAL OF MINUTES The invocation was given by Counéilman Freeman. SERVICE AWARDS Approval of Minutes of the October 10, 1977, Meeting Councilman Conant moved, Seconded by Councilman Mills, to approve the minutes of October 10, 1977, as written. Motion carried 4-0; Councilman Smith and Councilwoman McClure abstaining due to absence:from the meeting. Recognition of Roy Buttorff, Jeanette Carson, Robert Madrid and John Shelton for five years service to the City Mayor Newman presented Roy Buttorff of the Tax Department, Jeanette Carson of the Utility Department, Robert Madrid and John Shelton of the Fire Department, with five year service pins. November 14, 1977 Page 2 NORTH TEXAS COMMISSION Consideration of Membership in the North Texas Commission and appointing a representative (This item tabled from the October 10, 1977, meeting) . Councilman Freeman moved to join North Texas Commission on the recommendation of th~ City Manager' and the Industri al Committee. Mayor Pro Tem Cato stated he would second the motion if Councilman Freeman would amend his motion to state a maximum fee of $2000, and based on ratio of developable land between North Richland Hills and the other member cities. Councilman Freeman amended his motion to state same. Motion carried 6-0. Mayor Pro Tern Cato recommended the appointment of Councilman Freeman as representative. CITIZEN REQUEST Mayor Newman stated he would like to wait on the appointment. Consideration of Citizen Request, Mr. M. B. Fleet requesting a Building Permit on land prior to plat approval Mayor Newman called for anyone present wishing to speak for this case to please come forward. There was no one present to represent this case. Director of Pub 1 i cWorks, Ray Sri tton advised' the Council he had talked witfi Mr. Fleet and was assured they would be at the meeting. Mayor Pro Tern Cato moved, seconded by Councilwoman McClure, to pass over this item. Motion carried 6-0. PUBLIC HEARING MIS CITIES AMBULANCE Public Hearing on Mid Cities Ambulance request to render servi ce in the Ci ty. (Thi s item . tabled from October 10, 1977). Mayor Newman called for anyone present wishing to speak for this item to please come forward. There was no one present to represent this case. Mayor Pro Tern Cato moved, seconded by Councilman Smith, to pass over this item until later. Motion carried 6-0. November 14, 1977 Page 3 \ Appeal Hearing La Quinta Motor Inn Consideration of Special Use Zoning for La Quinta Motor Inn for Private Club. (This item was tabled at the October 10, 1977, meeting). Mayor Newman advised this case had been before the Council many times before, therefor he would limit the c~tizens opposed and the citizens against to ten minutes each. Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. Bill Leonard, 403 North Sylvania, Attorney, appeared before the Council. Mr. Leonard stated La Quinta desired to put in a private club. This request was encouraged by the owners of the property. The people that stay at the Motor Inn have also requested the club. The' clúb would "be located upstairs in the front of the building far away from any residents. Mr. Leonard stated there had been complaints on increased traffic. and alcoholic beverages. A private club is not a open saloon. The Texas Alcoholic Commission will not approve a license unless certain guidelines are met. Noise was also one of the complaints. The Motor Inn could not afford to have noise in the club because of over night guest. The club would be strictly membership and guest. Mr. Leonard stated he did not feel the club would cause an increase in traffic. Safeway and the fastfood food places that have recently been built on Grapevine Highway and Bedford- Euless Road had increased the traffic. Mr. Leonard stated if the Motor Inn did not provide guest with alcoholic beverages they would drive and get it. They could also bring it with them in the rooms. Mr. Leonard stated he felt the club would help solve what some of the people oppose. If someone wants to drink they will drive a long way to obtain it. Mr. Leonard stated North Richland Hills already had one private club in operation, to deny La Quinta a permit would be discriminátion. He urged the Council to grant the request. Mayor Newman called for anyone present wishing to speak against this case to please come forward. November 14, 1977 Page 4 Mr. Jim Woverton, 4800 Colorado Blvd., appeared before the Council to speak aganist this case. Mr. Woverton stated he had a petition containing 11 signatures of property owners within two hundred feet of the Motor Inn that could not attend the meeting. Mr. Woverton stated the first time La Quinta asked for a Private Club permit they stated they needed to make. their customerl s happy. Mr. \40verton stated the first problem was drinking and driving. The race car drivers stay at La Quinta and use use Colorado to get to Grapevine Highway. The citizen IS feel it is the Council's responsilbly to protect their children. Mr. Woverton advised the Council the area was zoned residential until the Court House was rezoned. If La Quinta is allowed to become a private club it would lower the value of their property. Mr. Marvin Reed, 8008 Limerick Lane, Smithfield, appeared before the Council to speak against this case. Mr. Reed stated he did not live within two hundred feet of La Quinta, but he represented some 1500 voters, he represented 2500 voters on petitions who voted against the sale of alcoholic beverages in the city. Mr. Reed stated he had seen people drinking on the parking lot of places that sold beer for off-premise comsumption. He had been told our Police Department had no control over this, he would have to inform the Alcoholic Beverage Commission. If he called them when he seen it happening the people would be gone before the Commission could send an Agent out to check. Mr. Reed stated if the City had no control, who would control the membership in the club. Mr. Reed said he had been advised in the past that no Councilman would vote for a bar in the City. He.stated he felt it should not be allowed. Mr. Roy Gifford, 7908 Bedford Euless Road. appeared before the Council to speak against this case. Mr. Gifford advised the Council he felt a private club would degrade the neighborhood. Mr. Gifford stated they said they would put the club in the front of the building, if the Council allows the zoning, they would be approving the whole lot for the club. November 14, 1977 Pagé 5 City Attorney McEntire advised Mr. Gifford La Quinta would have to show on the plat where they planned to put the club. They would have to come back before the Council i.f they wanted to change. Councilman Smith moved, seconded by Councilman Mills, to deny La Quinta Motor Inn Special Use Zoning for a private club. Motion carried 5-1; Councilmen Conant, Cato, Mills and Smith voting for, Councilwoman McClure aganist. Mayor Newman stated he felt the Council was denying La Qunita the right to operate their business like they wanted to. CITIZENS REQUEST Consideration of citizen request, Mr. M. B. Fleet requesting a Building Permit on land prior to plat approval Mayor Newman called for anyone present wishing to speak for this item to please come forward. Mr. Stevens, 4001 Diamond Loch, appeared before the Council on behalf of Mr. Fleet. Mr. Stevens stated he was requesting the Council to issue a building permit before approval of the plat. Mr. Stevens stated the zoning was approved in 1973. The City Engineer's letter had eleven items pertaining to the drainage. Mr. Stevens advised they had no disagreement with the Engineer. The Planning and Zoning Commission would not approve the plat until sometime in December. City Engineer Perkins stated he had talked to Mr. Stevens Engineer but had not seen the corrected plat. Mayor Pro Tern Cato asked Mr. Stevens if the property had been zoned since 1973, what was the emergency for obtaining a permit before plat approval. Mr. Stevens stated a change had been made in the Tax Law, after January 1978. They wanted to be underway before then. Mayor Pro Tern Cato asked Mr. Britton if he had seen the corrected plat. Mr. Britton stated he had not seen them, Mr. Stevens Engineer had assured him they were being made. November 14, 1977 Page 6 City Engineer Perkins stated that comment #7 in his letter of November 3, 197?, was a crucial problem. Mr. Perkins stated this portion of property was in the 100 year flood plain. He stated he felt that a certification statement be added to the cover sheet of the plans stating the construction plans were prepared in strict accordance with the design criteria set forth in Chapter 10, Section 1910 of the Federal Insurance Administration's Code of Federal Regulation, dated April 1, 1973. Mr. Perkins stated Mr. Ste~ens Engineer had advised him there would no problem with thi s. Councilman Mills stated the Council wanted to work with the Builders, but must protect the City's interest also. Councilman Mills stated they could approve part of the plat and with hold a building permit on the flood plain. After discussion, Councilman Mills moved, seconded by Mayor Pro Tern Cato, to approve the request of the permit for'1~8 appartments, subject to the corrections asked for by the City Engineer before the permit is issued. Also, the Director of Public Works receiving the same information. Motion carried 6-0. PLANNING & ZONING PZ 77-27 ORDINANCE 682 Planning and Zoning, PZ 77-27, request of Centennial Homes, to rezone 61.686 acres from P.U.D. & 1F-7 to 1F-8-0ne Family Dwelling Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. Clayton Sanders, 5924 Royal Lane, Dallas, appeared before the Council to speak for this case. Mr. Sanders stated there was approximately 100 acres of this property in North Richland Hills. Mr. Sanders stated they had zoned the adjoining land in Haltom City for town houses, the idea did not go well. The portion of property in North Richland Hills is presently zoned P.U.D. and 1F-7, since North Richland Hills no longer had 1F-7 zoning they were requesting 1F-8. Mr. Sanders stated they planned to extend the street from Haltom City (Browning Blvd.) to Rufe Snow. November 14, 1977 Page 7 Mayor Pro Tern Cato stated the area on the west was in the flood plain. City Manager Riddle stated this was on the boundary line of Haltom City and Mr. Sanders Engineer would have to certify the houses would not flood. Mayor Pro Tern Cato stated if the zoning was approved, when the plat is approved the City have the easement for-the street. Councilman Mills ask Mr. Sanders if 1F-8 zoning was approveds if the Council requested larger houses would they consider the request. Mr. Sanders replied they would consider the request. They wanted tobuild,the same size house that was presently built in Haltom City. Councilman Mills asked what size the houses would be. Mr. Stevens replied 11700, but could go to 1300 or 1500. Councilman Freeman asked what price range the houses would be. Mr. Sanders replied between $30,000 and $35,000. Councilman Freeman stated he did not feel these houses would support the City's tax ro 11 . After discussion, Councilman Freeman moveds seconded by Councilman Millss to deny PZ 77-27. Motion to deny failed by a vote of 4-2; Councilmen Smith, Cato, Conant and Councilwoman McClure voting against; Councilmen Mills and Freeman for. After further discussion, Councilman Smith moved, seconded by Mayor Pro Tem Cato, to approve PZ 77-27, with the stipulation the City Staff make sure of egress to Rufe Snow Drive. Motion carried 4-2; Councilmen Cato, Conant, Smith, and Councilwoman McClure voting for; Councilmen Mills and Freeman against. November 14, 1977 Page 8 PLANNING & ZONING PS 77-43 Planning & Zoning, PS 77-43, request of David C. Moak for replat of Parker's Subdivision' of Lots 1, 2, and 3. Mayor Newman called for anyone present wishing to speak for this case to please come forward. PLANNING & ZONING PS 77-44 Mr. Jim Thompson, with Diamond Shamrock Company, appeared before the Council to speak for this case. Mr. Thompson stated they had built the station about 15 years ago,and it was not platted. They wanted to remodel and the City had requested they plat the property. Councilman Smith moved, seconded by Councilman Mills, to approve PS 77-43. Motion carried 6-0. Planning and Zoning, PS 77-44, request of P & S Construction for final plat of Irish Meadows, Section II Mayor Newman called for anyone present wishing to speak for this case to please come forward. Mr. Doug Long, Engineer, Hurst, appeared before the Council to speak for this case. Mr. Long stated they had changed the plat to Section II. They had abided by the Engineers letter. They did have a problem with item 5 of the Engineers letter pertaining to the underground drainage facility. The City Developer agreement stated they would participate on the concrete channel liner. Mr. Long stated that Mr. Rarish had asked that item 29 on the agenda be heard with this case. After discussion, Councilma~ Smith moved, seconded by Councilwoman McClure, to approve PS 77-44 contingent on the Engineers letter. Motion carried 6-0. Councilman Mills moved, seconded by Councilman Smith, to hear item 29 on the agenda with item 12. Motion carried 6-0. Councilman Mills stated the Council should consider item 13 first. PLANNING & ZONING PS 77-46 Planning and Zoning, PS 77-46, request of the City of North Richland Hills for final plat of Irish Meadows, Section III Councilman Smith moved, seconded by Councilman Conant, to approve PS 77-46. Motion carried 6-0. November 14, 1977 Page 9 BIDS (ITEM 29) Approval and awarding of bid for the construction of Irish Meadows City Manager Riddle advised the Council he recommended the bid of Texas Bitulithic. City Manager Riddle stated he would like for the Council to approve the contract with the utility work deleted. Let the City utility department do the work and any money over and above the cost of the contract be put in the utility fund. TML REPORT Councilman Smith moved, seconded by Councilman Conant, to award the bid to Texas Bitulithic deleting the utility work. Motion carried 6-0. Report on Texas Municipal League Convention Mayor Pro Tern Cato stated he had attended a meeting at the TML Convention pertainjng to State Unemployment. In January of 1978, all governmental employers must pay unemployment. It will be handled by Texas Employment Commission,and billed to the city. There are two systems that could be used. the Tax System and the Reimbursing System. The Tax System, the employer will submit quarterly reports on individuals in its employ and will pay a tax 1% for the years 1978 and 1979 on the wages of each of its employees up to a maximum of $6,000. paid to each individual in the calendar year. The Reimbursing System, the employer will submit quarterly wage reports on individuals in its employ, but no payments will be due at that time. When benefits are paid to a former employee of the governmental unit based on those wages, the reimbursing employer will repay Texas Employment Commission for each dollar the Commission has paid to the former employee based on thóse base period wages. The Tax Paying System payments begin in January 1978. The Reimbursing System payments begin in November 1978. November 14, 1977 Page 10 UNEMPLOYMENT Approval for the City to become direct reimburser or tax payer for the unemployment program effective January 1, 1978 Mayor Pro Tern Cato moved, seconded by Councilman Smith, to approve the reimbursing system and budget 1% to be put in a fund until we know our status. Motion carried 6-0. HANDLING OF UNEMPLOYMENT CLAIMS FOR THE CITY Approval to obtain the services of R. E. Harrington, Inc., for the purpose of handling unemployment claims for the City City Manager Riddle stated Mr. Harrington would fill out the necèssary forms for the City. . Mayor Pro Tern Cato stated the City would furnish Mr. Harrington with the necessary information and they would compúterise the information. MACKEY CREEK DRAINAGE Mayor Pro Tern Cato moved, seconded by Councilman Smith, to approve Mr. R. E. Harrington, Inc., to handle unemployment claims for the City. Fee to be charged $257. Motion carried 6-0. Approval to have the Engineer submit the Mackey Creek drainage project to the County for approval. (Glenview to Flory) City Manager Riddle stated we had CDA funds for the channel and bridge at Flory Street. If there is an overrun we would pay for the channel work from Flory to Rufe Snow. Mayor Pro Tern Catomoved, seconded by Councilman Smith, to approve the Enqineer submitting the Mackey' Creek drainage project to the County. Motion éarried 6-0. Approval of the plans and specifications for the Mackey Creek drainage (Flory Street to Rufe Snow) SPECIFICATIONS MACKEY CREEK City Manager Riddle advised the Council we were having problems on obtaining the right- of-way. We could do an earthen channel or a concrete channel. Mayor Pro Tern Cato moved, seconded by Councilman Mills, to approve the specifications for Mackey Creek, with a concrete channel. November 14, 1977 Page 11 After discussion, Mayor Pro Tern Cato withdrew his motion. . Mayor Pro Tern Cato moved, seconded by Councilman Mills, to approve the specifications for an earthen channel. Motion carried 6-0. COUNCILMAN SMITH LEFT THE MEETING AT THIS TIME. CONDEMNATION Approval to condemn land owned by Mary Jo Gaston for the Mackey Creek drainage project (Flory to Rufe Snow) . City Manager Riddle stated we have had trouble getting right-of-way easements from Mrs. Gaston. He stated at the present time the City was working with Mrs. Gastons attorney. We will continue to work with the attorney if the Council approves the condemnation. We are running out of time on the project and need to get it under way before we loose our Federal Funding. Mayor Pro Tern Cato moved, seconded by Councilman Conant, to approve condemnation proceedings on the property owned by Mary Jo Gaston. Motion carried 5-0. BIDS IRISH MEADOWS Approval of the bid specifications to sell City owned lots in Irish Meadows Councilman Mills moved, seconded by Councilwoman McClure, to approve the bid specifications on Irish Meadows. City Manager Riddle advised the Council the bid would be good for 60 days from December. Motion carried 5-0. BIDS Approval of the bid specifications to sell surplus City owned land of approximately six acres west of Rufe Snow Mayor Newman stated he had been advised the people who live next to this land had offered to purchase the property. City Manager stated he had received a letter from the homeowners, it was not in the form of a bid, therefor he sent the letter back. November 14, 1977 Page 12 City Attorney McEntire advised the Council it must be advertized and let for bids. Mayor Pro Tern Cato moved, seconded by Councilwoman McClure, to approve the specifications for the sale of the six aores of land west of Rufe Snow. Councilman Freeman stated ,he would like for the funds from the sale be used for the Park and Recreation Fund. City Manager Riddle stated the Park and Recreation Commission wanted two more tennis courts. With the funds from the sale of the land and the special fund we have setup for the Park and Recreation this could be done. City Manager Riddle stated the staff recommended the tennis courts be put in the park in Emerald Hills. Motion carried 5-0. WATER SYSTEM ENGINEERING Approval to proceed with engineering for a new water supply for the water system City Engineer Perkins advised the Council he felt the only possible way for the City to get water was for himself and the City Manager to have a meeti ng with the City of Fort Worth. Mayor Pro Tern Cato moved, seconded by Councilman Conant, to approve the City Engineer and City Manager to work on obtaining water from the west. Motion carried 5-0. BIDS STREET SWEEPER Approval and awarding of bid to purchase a new Street Sweeper Mr. Britton advised the Council he recommended the purchase of the Ecolotec Vacu-Sweep, sold by Dallas Brush Company. Mr. Britton stated they had met all bid specifications. Mr. Britton advised the Council he recommended keeping the old street sweeper. Councilman Freeman asked Mr. Britton who picked the sweeper up and assumed the liability. November 14, 1977 Page 13 Mr. Britton stated he would pickup the sweeper and the city would assume liability. Mr. Britton stated if the company delivered the machine it would cost approximately $1,450.00, it would cost approximately $500.00 for us to pick the machine up. Councilman Mills moved, seconded by Councilman Conant, to approve the bid of Dallas Brush Company in the amount of $39,975. Motion carried 4-1; Councilmen Conant, Mills, and Cato voting for; Councilwoman McClure agånist. BIDS EXCAVATING MACHINE Approval and awarding of bid to purchase a new Excavating Machine Mr. Britton advised the Council five bids were sent out. Only one company submitted a bid that met the specifications. Mr. Britton recommended the bid of Hi-Way Machinery Company, alternate #1. Councilman Conant moved, seconded by Councilman Mills, to approve the bid of Hi-Way Machinery Company in the amount of $78,950. Motion carried 5-0. BIDS PICKUP TRUCKS Approval and awarding of bid to purchase two 5/8 ton Pickup Trucks, One 1/2 ton pickup, one 1-ton Cab and Chássis Truck, and one 3-1/2 ton Cab and Chassis Tnuck Allen Bronstad, Director of Utilities, recommended the bid of Charlie Hillard for two 5/8 ton pickup, in the amount of $4,613.46 per unit. Mayor Pro Tern Cato moved, seconded by Councilman Mills, to approve the bid of Charlie Hillard in the amount of $4,613.46 per unit. Motion. carried 5-0. Mr. Ray Britton advised the Council he recommended the bid of Wendell Conditt for the 1/2 ton pickup, I-ton Cab and Chassis and the 3-1/2 ton Cab and Chassis Truck. Bids in the amount as follows: 1/2 ton pickup - $3,831.75 I-ton Cab &èChassis - $4,589.54 3-1/2 ton Cab & Chassis - $8,228.22 Mayor Pro Tern Cato moved, seconded by Councilman Conant, to approve the bid of Wèndell Conditt. Motion carried 5-0. November 14t 1977 Page 14 BID BACKHOE TRACTOR Approval and awarding of bid to purchase a new Backhoe Tractor Mr. Bronstad advised the Council he recommended the bid of Clemons Tractor Company. Counci lman Mi lls asked Mr. Bronstad why he recommended Clemons and not the low bidder. Mr., Bronstad replied they did not meet the sped fi ca ti ons . Mr. John Glen, with Trinity Equipment, (low bidder) appeared before the Council. Mr. Glen stated the Public Works Department had been leasing a backhoe from his company. He stated this machine exceeded all the other machines bid. He had advised Mr. Bronstad he would repate the money the City had been leasing the machine towards the purchase price. Councilman Freeman asked how long the City had been leasing the machine. Mr. Glen Replied since July. Councilman Freeman asked Mr. Bronstad why he thought the Ford was better. Mr. Bronstad stated he had never used a John Deer machine. Councilman Mills asked Mr. Glen what he would have charged for a new machine. Mr. Glen replied he would have to look at the bids. Mr. Bronstad stated he recommended the Ford also as a safety factor. All the men are presently using Fords. All of them would have to be trained on the John Deer. Councilman Conant stated he would like the City Attorneyls opinion,cdid he consider this machine as new. City Attorney McEntire replied it sounded new to him. INDUSTRIAL WASTE ORDINANCE 683 WATER & SEWER RATES ORDINANCE 684 ADJOURNEMNT November 14, 1977 Page 15 Mayor Pro Tem Cato asked Mr. Britton if he had had any problems with the machine while leasing it. Mr. Britton stated the machine worked fine for what he used it for. He used it to tear up asphalt and curb. Mr. Bronstad needs a tractor with a softer touch. If thè men are digging and hit a waterline, they can tell by touch. Councilman Freeman moved, seconded by Councilman Conant, to approve the bid of Clemmons Tractor. Motion failed by a vote of 3-2; Councilmen CatQ. Mills and Councilwoman McClure voting against; Councilmen Freeman and Conant for. After discussion, Mavor Pro Tem Cato moved, seconded by Councilman Mills, to accept the bid of John Deer, subject to a years warranty. Motion carried 4-1; Councilmen Mills, Freeman, and Cato and Councilwoman McClure voting for; Councilman Conant voting against. Approval of the Industrial Waste Ordinance City Manager Riddle advised the Council the ordinance was in compliance with EPA requirements. Mayor Pro Tern Cato moved, seconded by Councilwoman McClure, to approve Ordinance 683. Motion carr-led 5-0. Approval of Ordinance Amending Ordinance No. 381, concerning Water and Sewer Rates and other miscellaneous items in the Water and Sewer Policies Mayor Pro Tem Cato moved, seconded by Councilman Mills, to table Ordinance 684, until the November 28, 1977, meeting. Motion carried 5-0. Mayor Newman adjourned the meeting of November 14, 1977. ,~~~ Mayor