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HomeMy WebLinkAboutCC 1975-03-10 Minutes -~ MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, MARCH 10, 1975 - 7:30 P.M. CALL TO ORDER ROLL CALL Mayor Dick Faram called the regularly scheduled meeting to order March 10, 1975, at 7:40 p.m. PRESENT: Mayor Councilmen Councilwoman Dick Faram Dr. Norman Ellis Jim Wood George Conant, Jr. John Lamond James Cato Tom E. Newman JoAn Goodnight STAFF PRESENT: Acting City Secretary Ruth Pinner City Engineers Dick Perkins Greg Dickens COMMISSION MEMBERS: Planning and Zoning Civil Service Denver Mi 11 s John Green Paul Churchman PRESS REPRESENTATIVES: Tom Mitchell Mid Cities Daily News Don Harrison Star Telegram STAFF ABSENT: Ci ty Attorney Tim Truman INVOCATION The invocation was given by Councilman John Lamond. APPROVAL OF MINUTES Approval of the Minutes of the February 24, 1975 Regular Meeting Moti on was made by Concil man Conant, seconded by Councilman Newman, that the minutes of the February 24, 1975 meeting be approved as presented. The motion carried by a vote of 7-0. APPROVAL OF MINUTES Approval of the Minutes of the March 3, 1975 Special Meeting Motion was made by Councilman Wood, seconded by Counci lman Conant" to approve the mi nutes of the Special City Council meeting of March 3, 1975 as presented. The motion carried by a vote of 6-0 with Councilman Newman abstaining due to absence from this meeting. Page 2 March 10, 1975 TRI-COUNTY ELECTRIC Discussion of Letter from Attorneys for Tri-County Electric Cooperative Mayo~ Faram read a letter from City Attorney Tim Truman regarding Tri-County Electric Co-operative. Mayor Faram also read a letter from Tri-County Co-operative regarding discontinuance of services to certain residents. (Copy of said letters is attached as permenant record.) A letter from Tri-County Electric from the homeowners requesting termination of their membership and service effective May 1, 1975 was discussed. Motion was made by Councilman Newman, seconded by Councilwoman Goodnight, that Resolution No. 75-4 be approved requesting Texas Electric Service Company to supply electrical service to residents in the north part of the City of North Richland Hills. Motion carried by a vote of 7-0. RECESS Mayor Faram declared a 10-minutes recess. The City Council reconvened at 8:20 p.m., with the same Council members and Staff present. PZ 75-2 ORDINANCE NO. 579 Appeal Hearing for Richland Enterprises, Inc., on PZ 75-2, Requesting Change from 1F-12, One Family Dwelling to 1F-9, One Family Dwelling Mayor Faram declared the Public Hearing open. Mayor Faram suggested that since PZ 75-2 and PZ 75-3 were closely related that the Public Hearing be held for both cases at the same time. Allen Hamm, 408 Woodbriar, Bedford, Texas, represented Richland Enterprises. He stated that on PZ 75-2 most of the houses and lot sizes already conformed to 1F-9 zoning. He had sent an agreement to the property owners. Mr. Hamm stated that many meetings had been held with the property owners and compromises made by both sides. Mr. Hamm stated that on PZ 75-3 this area adjoined the Diamond Loch addition and the first block would be of high quality Page 3 March 10, 1975 construction with lot sizes about the same size as those in Diamond Loch. Mayor Faram asked Mr. Hamm if his Company would approve house plans for that area. Mr. Hamm stated that they would review the plans before construction. Councilman Ellis asked who enforced Deed Restrictions. Mr. Hamm stated that any individual who owns property can get a court order to cease and desist whatever restriction is being broken. Mayor Faram called for all those opposed to please come forward. Mr. James F. Parker stated that he was unaware of the rezoning request until a short time before. He stated he had not received the notice of Public Hearing. Acting City Secretary Ruth Pinner stated the letter had been returned by the Post Office. Mayor Faram requested Acting City Secretary Ruth Pinner to ascertain that the records were changed to reflect the correct mailing address for Mr. Parker. There being no others present wishing to speak in opposition of these zoning cases Mayor Faram declared the Public Hearing closed. Motion was made by Councilman Lamond, seconded by Councilman Newman, to approve PZ 75-2, Ordinance No. 579 as presented. Motion carried by a vote of 7-0. PZ 75-3 ORDINANCE NO. 580 Appeal Hearing for Richland Enterprises, Inc., on PZ 75-3, Requesting change from Agriculture to 1F-9, One Family Dwelling Motion was made by Councilwoman Goodnight, seconded by Councilman Wood, to approve PZ 75-3, Ordinance No. 580 as presented. Motion carried by a vote of 7-0. PZ 75-4 ORDINANCE NO. 581 PZ 75-4, Request of David W. Smith to rezone 1.0 acres out of the T. K. Martin Survey from Agriculture to 1F-12-18, One Family Dwelling Mayor Faram declared the Public Hearing open and called for those in favor of this rezoning Page 4 March 10, 1975 to please come forward. David W. Smith stated he was requesting the rezoning. Mayor Faram requested those opposed to this rezoning to please come forward. There being no one wishing to speak against this rezoning, Mayor Faram declared the Public Heraing closed. Motion was made by Councilman Ellis, seconded by Councilman Wood, to approve PZ 75-4, Ordinance No. 581 as presented. Motion carried by a vote 'of 7-0. PS 74-20 PS 74-20, Hillside Addition - Preliminary Plat Mr. Elmer Allison, 3929 Flory Street, was present to request the approval of PS 74-20. Mr. Allison stated the plat called for 40-feet street right-of-way with a 10-feet easement across the front of the property. After discussion, motion was made by Councilman Ellis, seconded by Councilman Conant, to approve PS 74-20 as non-precedent with approval, if necessary, from the Zoning Board of Adjustment. Motion carried by a vote of 7-0. COVENANT CHEROKEE ESTATES Consideration of Covenant on Cherokee Estates Mr. John Groce, 3401 Wendell Drive. represented the homeowners in Cherkee Estates. He read the "Covenant to Run with the Land" as agreed to by the property owners. (Copy of Covenant attached to these minutes as permanent record.) Motion was made by Councilman Cato, seconded by Councilman Ellis, to approve the Covenant as presented continguent with the City Attorney's approval. Motion carried by a vote of 6-1, with Councilman Newman voting against. SPRING CLEAN-UP Discussion of Proposed Resolution Concerning Spring Clean-up Campaign Mrs. Lee Anne Lamond, 3904 Diamond Loch, proposed Saturday, April 12, be designated as spring clean-up day with area youth groups participating. Page 5 ~1arch 10, 1975 A prize will be awarded to the organization picking up the most bags. A prize will be given to the organization with the most bags per person, and a prize will be awarded to the individual turning in the most bags. No one individual or organization can win more than one prize. The prize will consist of a pizza dinner and movie. All participants will receive a Certificate of Appreciation. All area youth groups will be notified of the clean-up day and be requested to participate. Motion was made by Councilwoman Goodnight, seconded by Councilman Wood, to approve Resolution 75-5 and Mrs. Lee Anne Lamond be appointed as project coordinator. Motion carried by a vote of 7-0. (RESOLUTION 75-5 WAS NOT USED, PROCLAMATION USED. ) APPROVAL OF PAYMENT Consideration of Payment to Texas Bitulithic Company for Job #3-314, Contract #14, CIP, Street and Drainage Improvements, Estimate #2, in the Amount of $52,655.04 Motion was made by Councilman Cato, seconded by Councilwoman Goodnight, to approve payment to Texas Bitulithic in the amount of $52,655.04. Motion carried by a vote of 7-0. CIVIL SERVICE PROFFESSIONAL CONTRACT Consideration of Approval of Civil Service Classification/Qualification Professional Service Contract Councilman Cato, representative to the Civil Service Commission, presented the bids as received. He stated there were only two bids received that included a set dollar amount on the contract. Thev were from Richard W. Stevens with a bid of- $5,400.00 for all three phases of the Statement of Work, and Public Administration Services with a bid of $7,300.00 for all three phases. Councilman Cato stated that the Civil Service Commission recommended the bid of Public Administration Service be approved even though it was the higher bid. He stated the proposal from Public Administration was presented in a more professional manner and it was the opinion of the Civil Service Commission that the CHy would receive much better performance. . Page 6 March 10, 1975 Mr. John Green of the Civil Service Commission stated that the bid from Mr. Stevens was good resume from an individual but did not outline his work procedures, whereas Public Administration Service presented a step-by-step work procedure. He stated Pubilc Administration Service was a company that specialized in this type of service. Motion was made by Councilman Cato, seconded by Councilman Conant, to accept the bid from Public Administration Service in the amount of $7,300. Motion carried by a vote of 7-0. APPROVAL OF GRIEVANCE PROCEDURE Consideration of Approval of Civil Service Grievance Procedures Councilman Cato presented the grievance procedure. He stated that a letter would be sent to all Department Heads outlining the procedure to inform all employees of the grievance peocedure, and that the grievance procedure would be posted in public places available to all employees. Mr. John Green of the Civil Service Commission requested that a paragraph stating II Puni ti ve acti on sha 11 not be ta ken aga ins t any employee for submitting a grievance in good faith" be added. Motion was made by Councilman Cato, seconded by Councilman Conant, to approve the grievance procedures with the requested paragraph. Motion carried by a vote of 7-0. PERSONNEL ACTION Personnel Action Motion was made by Councilman Ellis, seconded by Councilman Cato, that Mr. S. L. Harris be appointed to the Civil Service Commission to fill the 3-year unexpired term of Mr. Ken Littlefield. Motion carried by a vote of 7-0. Motion was made by Councilman Ellis, seconded Councilman Cato, that the position title of Tax Clerk be changed to Deputy Tax Assessor- Collector. Motion carried by a vote of 7-0. '" ~. " ( ( BORDEN, HAND Xc ZELLERS ÁTTORNEYS AT LAW BORDEN & HANO eLOG. .JACK H. BORDEN WEATHERF"ORD, TEXAS 76086 t. S. HAND AUSTIN E. ZEL.LERS ....OHN E.WESTHOF'"F' AREA CODE 817 TEL.EPHONE 59"'38704 February 27. 1975 Mr. Tim Truman Meh1. Williams, Cummings & Truman Continental Life Building 20th Floor Fort Worth. Texas 76102 Re: . Franchise to serve customers in - the City of North Rich1and Hills, Texas Dear Mr. Truman: Mr. Casparis, General Manager of Tri-County EJ,eçtctc Cooperative, , Inc., has asked me to answer your lètter of February 12.1 1975. Tri- County Electric Cooperative. Inc... cannot comply with your request in your letter of February 12. 1975, for the following reasons: (a) We are incorporated under Article 1528b and we believe that Section 3(2) authorizes us to continue to serve the annexed area in accord- ance with that Section; (b) It is our position that we have not violated the franchise for the reason that at the time the franchise was granted the area in questiön was not within the city limits of the City of North Richland Hills and that .prior to the time it was annexed by North Richland Hills we were serving this area; (c) Prior to constructing our improvements upon this property. ''''f.: entered into a contract with the developers t;"~reof for a good and valuable consideration whereby Tri-County Electric Cooperative, Inc., was to furnish all electric energy to this subdivision. This is of record in Vol. 4402. Page 609, Deed Records, Tarrant County. Texas. . , 1( \..--"":" ~ . , ( Mr. Tim Truman Page 2 February 27, 1975 We do not mean to say that if a customer of Tri-County Electric Cooperative, Inc., so desires he cannot disconnect and terminate his membership. However, this would be between the customer, who is a member of Tri-County Electric Cooperative, Inc., and the Co-op itself. Yours very truly, BORD~N, HAND ~LdEI-:;~ER~/ ·f·· t~ / 'J~... '-.?L~I' ~ - - ".......// ¡ --" / \. By: . JB: bc cc: Mr. W. C. Casparis Tri-County Electric Cooperative, Inc. 600 N..W. Parkway Azle, Texas L.AW OF'FïCES MEHL, WILLIAMS, CUMMINGS & TRUMAN MIL.TON .J. MEHL. MORGAN K. WIL.L.lAMS B. MICHAEL. CUMMINGS TIM TRUMAN 20'" F"L.OOR CONTINENTAL. L.IF"E BUIL.DING TEL.EPHONE 332-3211 AREA CODE 817 FORT WORTH, TEXAS 715102 March 7, 1975 Mayor and City Council City of North RichIand Hills P. O. Box 13305 Fort Worth, Texas 76118 Ra: Electric Service to Residents of Green Valley Estates Gentle.men: I enclose for your information a copy of the lettp-r dated February 27, 1975, from the Law Firm representing Tri-County Electric Co-Operative , in response to my letter to Tri-County of February 12, 1975, requesting that such Company terminate the electric service to specified customers in North Richland Hills. Although the letter raises certain legal questions which could necessitate litigation for the resolution thereof, I think that the objective sought by our citizens could probably be best accomplished if they were to, if they so desired, write to Tri-County Electric Co-Operatives indicating their desire to disconnect and terminate membership. The letter from Tri-Countyts attorneys indicates that this would be within the rights of such citizens to do. I have roughed out and left with the City Secretary a suggested form of letter to Tri- County which any citizen who desires to request termination of membership and service from Tri-County is free to use or not to use as he or she so desires. In the event anyone or more of our citizens do request Tri-County to disconnect and terminate their membership, in my opinion, under the terms and provisions of the Franchise Ordinance between the City and Texas Electric Service Company, Texas Electric would be required to extend its lines and serve any customers, within the city limits of the City of North Richland Hills, which the City directed Texas Electric Service Company to serve. Since I will be unable to attend the City C,uncil Meeting Monday night, I would suggest that ~he matter be handled as follows: 1. Read to the interested citizens the letter from Tri-Countyts attorney of February 27, 1975, and/or furnish them with a copy thereof. 2. Read to such citizens this letter. 3. Furnish to such citizens a copy of the form request for termination Letter I have drafted as a convenience for any citizen desiring to use same, but not with any warranty or representation on my part, and March 7, 1975 Mayor and City Council City of North Richland Hills Page - 2 4. Advise the citizens that if they do in fact terminate their member- ship in Tri-County, and Tri-County disconnects, pursuant to any correspondence between the citizen and Tri-County, tQ request the City to direct Texas Electric Service Company to initiate service to their residents, that the City will so instruct Texas Electric. You may wonder whether or not Texas Electric would, in fact, be obligated to render service to the citizens if we so directed them. In my opinion, they would be in violation of their Franchise Ordinance with the City if they refused or failed to do so, and in my opinion, the City would be able to require Texas Electric, through legal action if necessary, to make electric service available to such residents of the City of North Richland Hills. I would suggest that a resolution be passed by the Council authorizing the City Attorney to direct Texas Electric Service Company to institute electrical service to any and all residents of the City of North Richland Hills who after notifying Tri-County of their desire to disconnect and terminate membership, request the City to direct Texas Electric to serve them. Thereafter, upon receipt of a copy of the letter from the resident to Tri-County, requesting termination of service, the City will notify Texas Electric to make arrangements for supplying electrical services upon such termination. I apologize for being unable to attend Monday night's meeting due to prior commitments, but will be happy to discuss this matter with any Councilman at any time. TT/hj Encl. Page 7 March 10, 1975 Councilman Cato, representative of the City Manager Screening Committee, stated that the 47 applications had been reviewed and it was the recommendation of the Screening Committee that M. E. Riddle was the best man for the job. Motion was made by Councilman Cato, seconded by Councilman Conant, that M. E. Riddle be hired as City Manager at his old salary effiectively immediately. Motion carried by a vote of 7-0. Councilman Cato moved, seconded by Councilwoman Goodnight, that City Manager M. E. Riddle be authorized to sign checks on the City funds provided he is still covered by surety bond. Motion carried by a vote of 7-0. CITIZENS PRESENTATION Citizens Presentation Mr. James Grotjan, 3525 Orient Drive, stated be lived six blocks from Highway 121 and there were six stops signs between his home and the highway. He requested the City Council to ascertain if all the stop signs were necessary. ADJOURNMENT Mayor Faram gave this to the City Manager for disposition. Mr. Teodor Martyniuk, 3615 Rogene Street, stated that he had received two warning . tickets from the Police Department for parklng his trailer home in an area where parking was allowed for 24 hours and he had been parked only 3 to 4 hours. Mayor Faram pointed out these were only courtesy tickets and were given due to complaints received at City Hall. There being no further items on the agenda, Mayor Faram declared the meeting adjourned. ATTEST: ~~«hn/ yor - Dick Faram ;r::d ~~~~J~ Acting City Secretary - Ruth Pinner