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HomeMy WebLinkAboutCC 1975-09-08 Minutes ¢ MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, SEPTEMBER 8, 1975 - 7:30 P.M. Mayor Dick Faram called the regularly scheduled meeting to order September 8, 1975, at 7:30 P.M. PRESENT: Mayor Councilmen Councilwomen STAFF PRESENT: City Manager City Secretary City Attorney City Engineer Traffic Coordinator Chief of Police PRESS: Tom Mitchell CALL TO ORDER ROLL CALL Dick Faram Norman Ell i s George Conant, Jr. John Lamond Tom E. Newman Jim Cato Dorothy McClure JoAn Goodnight M. E. Riddle Winnie L. Barclay Tim Truman Dick Perkins Bob Shade Hamp S. Scruggs Mid-Cities Daily News Also present were Mr. Denver Mills from the Planning and Zoning Commission and Mr. William C. Moore from the Civil Service Commission. Approval of Minutes of the Emergency Meeting of August 21, 1975 APPROVAL OF MINUTES Vote: 7-0 Motion was made by Councilman Ellis, seconded by Councilman Conant, to approve the minutes as presented. Motion carried 7-0. Approval of Minutes of the Regular Meeting of August 25, 1975 APPROVAL OF MINUTES Vote: 5-0 Motion was made by Councilman Lamond, seconded by Councilman Conant, to approve the minutes as presented. Motion carried 5-0, with Councilwomen McClure and Good- night abstaining because of their absence from the meeting. PZ 75-24, Request of Somerset National Corporation (LaQuinta) to Rezone Lot 1, Block 1, Somerset Addition, from Commercial to Specific Use - Private Club Mayor Faram declared the Public Hearing open and called for those wishing to speak in favor of the rezoning to REQUEST FOR REZONING Rejected: 7-0 261 please come forward. Mr. Dennis R. Morrow, 4028 Daley, attorney for LaQuinta made his presentation requesting the rezoning in order to increase occupance of the. LaQuinta Motel by commercial accounts. Mr. William C. Moore, 6708 LaRue Circle, made his plea for the rezoning as a citizen of North Richland Hills who thought the move would be a wise business decision. Mayor Faram requested those opposed to this rezoning to please come forward. Mr. Darrell Wood, 4812 Wyoming Trail, representing property owners near LaQuinta and other concerned residents of North Richland Hills, made his presen- tation to deny rezoning. Mr. Woodis presentation also included a petition with approximately 450 signatures requesting denial of the rezoning. At Mayor Faram's request, a show of hands in the audience indicated approximately 40 people present to support Mr. Wood's presentation. Mayor Faram asked if there were others present to speak against the rezoning. There being not others to speak against the rezoning, Mayor Faram declared the public hearing closed. Motion was made by Councilman Lamond, seconded by Councilman Newman, to refuse the request for rezoning. Motion carried 7-0. Mayor Faram declared a 10-minute recess. The meeting was called back to order with the same Council and Staff present as recorded at the beginning of the meeting. Consideration of Ordinance Granting Rate Increase to Lone Star Gas Mayor Faram declared the public hearing on the requested rate increase and asked those in favor of the rate increase to please come forward. Mr. C. L. Mettler, Lone Star Gas Company, made the request for the rate increase in behalf of Lone Star Gas. Mayor Faram asked if there were others to speak in behalf of the rate increase. There being no one to speak for the increase other than Mr. Mettler, Mayor Faram asked those who wished to speak against the rate increase to come forward. Mrs. Karold Cato, 6909 Corona, came forward and stated RECESS REQUEST OF LONE STAR STAR GAS FOR RATE INCREASE that she was against the rate increase. She further asked Mr. Mettler and Mr. R. L. Fain from Texas Electric why the companies continued to advertise when they were the only electric and gas companies in town. Mr. Mettler replied that the gas company was no longer advertising. Mayor Faram asked if there were others to speak against the rate increase. There was no one else to speak against the increase. Mayor Faram declared the public hearing closed. Motion was made by Councilman Newman, seconded by Councilwoman McCl ure, to refuse the request for rate increase. Councilman Ellis yielded to Mr. Mettler, who requested another work session to answer any questions the Council might have, explaining that he felt he had probably not made as good a presenta- tion as should have been made. The original motion was withdrawn by Councilman Newman, and the second withdrawn by Councilwoman McClure. Motion was made by Councilman Newman, seconded by Councilman Cato, to table the request until the next Council meeting and have a work session on this item on September 15, 1975. Motion failed, 3-4, with Councilmen Newman and Cato and Council- woman McClure voting for, and Councilmen Ellis, Lamond, and Conant and Councilwoman Goodnight voting against. Motion was made by Councilman Lamond, seconded by Councilwoman McClure, to deny the rate increase. Motion carried 5-2, with Councilman Conant and Councilwoman Goodnight voting against the motion. Consideration of Ordinance Granting Rate Increase to Texas Electric Service Company Mayor Faram declared the public hearing open on the requested rate increase and asked those in favor of the rate increase to come forward. Mr. R. L. Fain, Area Manager, Texas Electric Service Company, made his presentation requesting the rate increase and told the Council that financial information regarding Texas Electric Service Company was available in the office of the City Manager. RATE INCREASE REQUEST, TESCO Tabled: 7-0 3841 Upon completion of Mr. Fain's presentation, Councilman Newman thanked Mr. Fain and expressed his appreciation for Mr. Fain's past cooperation with the Ci ty. After a short discussion, motion was made by Council- man Lamond, seconded by Councilman Ellis, to table the proposed rate increase request until the first meeting in November. Motion carried 7-0. Motion was made by Councilwoman Goodnight, seconded by Councilman Cato, to hear the citizens presenta- tion items, numbers 9, 11 and 15, in that order, prior to hearing the other items on the agenda. Motion carried 7-0. Consideration of Ordinance Amending Section 15-5 of Code of Ordinances Mayor Faram recognized Police Chief Hamp S. Scruggs who made his presentation regarding this ordinance. His recommendation was based on complaints of citizens regarding the discharge of high-powered rifles in residential areas and hunters coming onto their property with shotguns to shoot dove. Mayor Faram requested that any citizens wishing to speak regarding the proposed ordinance come forward. Mr. Ronnie Lyde, 6725 Hewitt, related his problems concerning predators against his chickens and animals at night. He felt he should definitely have the right to shoot the predators. Mr. H. C. Worthington, 6701 Davis Boulevard, stated that he felt his grandchildren should be able to hunt on his property. He further stated that while he was against the ordinance as presented, he also felt that high-powered rifles should be prohibited. Mr. Frank Balch, 8148 Red Rose Trail, also expressed his feelings against the ordinance. After discussion, motion was made by Councilman Newman, seconded by Council woman McCl ure, to table the ordi nance. Motion carried 7-0. Mayor Faram declared a 10-minute recess. The meeting was called back to order with the same Council and Staff present as recorded at the beginning of the meeting. Consideration of Authorization to Proceed on Hewitt Street Drainage Problem Mayor Faram requested a report from the City Engineer CITIZENS PRESENTATIONS ITEMS CONSIDERATION OF ORDINANCE - GUN CONTROL 7001 Tabled: 7-0 RECESS HEWITT STREET DRAINAGE Vote: 7-0 Side 2 regarding the drainage problem on Hewitt. Dick Perkins made his recommendations (copies attached to these minutes as a matter of permanent record). Mr. Perkins described the work to be done under each of the alternates, but stressed that neither of these alternates would solve the problem completely. Mr. Sammie Boydstun from Knowlton-Ratliff-English-Flowers also indicated that neither alternative would allow for removing the total amount of water from a large storm. Motion was made by Councilwoman Goodnight, seconded by Councilwoman McClure, to approve Alternate 1, and try to recoup the expenditures. Councilman Ellis questioned why the City should spend approximately $22,000 for the benefit of two property owners, asking if it would not be the responsibility of the property owners. Additional discussion followed regarding the willing- ness of other property owners on Hewitt to share the expense. Further discussion regarding Briarwood1s contribution to the flooding problem occurred. It was suggested to the City Manager that before Briarwood III could be developed further, that they must share in the expenses of alleviating the flooding problems created by their development. The City Manager stated that at this time there seemed to no interest in further development. Councilman Ellis yielded to Ronnie Lyde, 6725 Hewitt, who discussed the problem with the Council. He indicated that the other property owners were not concerned with his problem and would not willingly share the costs of improvements. Mayor Faram stated that if there were no further dis- cussion, there would be a vote on the previous motion. Motion carried 5-2, with Councilmen Ellis and Lamond voting against. Citizens Presentation - Mr. Richard Ward Regarding School Zone Mayor Faram requested Mr. Richard Ward, 655 Spring- hill Drive, Hurst, to come forward to make his presentation. Mr. Ward came forward and made his request for the City to lower the speed limit to 20 miles per hour, erect traffic signals, and build a walkway to alleviate the problems of the school children in getting to and from school. Traffic Coordinator informed the Council of the steps he had taken to help solve the problems in the Pre- cinct Line area. He explained that there were certain Federal guidelines that must be followed. He further stated that the matter would also be brought before CITIZENS PRESENTATION No action 1231 the Hurst City Council for action. He stated that Hurst had agreed to go 50-50 in solving the traffic situation, depending on approval by the Council. Councilman Lamond yielded to Mr. Dave Steel, 2841 Hurstview Drive, Hurst, Texas, who stated that his 14-year-old son had been hit by a mirror on a camper while coming from school on Precinct Line Road. Mr. Steel suggested that the property owners be contacted regarding the building of bike trails as a method ~f getting the children to school safely. Gene Riddle was directed to look into this possibility regarding liability, easements, cost, etc. Mayor Faram assured Mr. Ward and Mr. Steel that every effort possible would be made to help the traffic safety in this area. Councilman Ellis addressed Mr. Ward, saying that every member of the staff and council was interested in children and in thei r safety. Consideration of Ordinance Regulating Sale of Commodities from Permanent Structures The City Manager explained the purpose of this ordinance and also stated that there were changes which needed to be made. Motion was made by Councilman Cato, seconded by Council- man Lamond, to table this item until the desired changes were made. Motion carried 7-0. Consideration of Bids on Trenching Machine The City Manager recommended the Davis bid for the trenching equipment. Motion was made by Councilman Ellis, seconded by Councilwoman McClure, to purchase the Davis-bid equipment. Motion carried 7-0. Consideration of Bids on Dump Truck The City Manager recommended the truck be bought from Helfman-Kircher, because the truck had a larger engine, power steering and better delivery than the truck bid by Hudiburg Chevolet. Motion was made by Councilwoman Goodnight, seconded by Councilman Conant, to purchase the dump truck from Helfman-Kircher Pontiac for the price of $6,690. Motion carri ed 7-0. CONSIDERATION OF ORDINANCE Tabled: 7-0 3451 PURCHASE OF TRENCH- ING MACHINE Vote: 7-0 3671 PURCHASE OF DUMP TRUCK Vote: 7-0 3741 Consideration of Office Furniture Bids PURCHASE OF CHAIRS The City Manager recommended that the council approve an amount up to $20,000, including the amount of approximately $2,900 previously expended, to buy furniture for the new City Hall, on an item- by-item basis. Vote: 4-3 3981 Motion was made by Councilwoman Goodnight, seconded by Councilman Conant, to approve the City Manager1s recommendation. Councilwoman Goodnight asked the City Attorney if the Council could do this. The City Attorney replied: The charter does not require that one of the bidder1s low bid or any bidder receive bid--just have to take bids. Councilwoman Goodnight asked again if the Council could authorize the expenditure as presented. The City Attorney replied: I think you can, but it is unusual. Mr. Truman then said he needed to correct himself: that the charter stated no award except to such bidder. Then, after reading the portion of the charter amend- ments, Mr. Truman stated: Any contract for purchase exceeding $2,000 would have to be let after bids, can only be let to one of the bidders. I don't think there would be any problem about accepting low bid per line item. If we got 10 chairs, go across that line and find low bid. I believe that would be more in the spirit of the charter, but I believe the charter limits buying from anybody that didn1t bid. Councilman Ell is asked from where the City Attorney interpreted "low bid." The City Attorney said that this was not a requirement. Councilwoman Goodnight asked of the City Attorney: Can we or can1t we? The City Attorney replied: No -- well, partially we can. You could buy anything you want to from anyone of the bidders, any line item. If it1s under $2,000 per line item, you don't need a bid. Councilman Ellis then reflected that evidentally it would be necessary to make each recommendation per line item. The City Attorney replied they did not have to approve less than $2,000 per item. Councilwoman McClure asked why we just couldn't wait until we moved into the City Hall and see what we needed and go out and buy it. Discussion followed whi ch i nd i ca ted that meeti ngs had already been conducted to ascertain what furniture was needed. Councilwoman Goodnight stated she would still like to know if the answer to her question was "yes" or "no." The City Attorney replied that authorizing a blank check for less than $2,000 to do some shopping was not allright. He had a few reservations. Where bids were received, they had to be considered. If the bidders understood they were bidding that way, per line item, line items could be purchased. I donlt think we can send Gene on a shopping trip. All contracts in excess of $2,000 shall be made upon specifications and have competitive bids. The question boils down to what is a contract. Can you have a separate contract for each type chair, desks, filing cabinet? The thought comes to me is if you deal with one bidder that deals in office furniture, you Ire making a contract for chairs, desks, filing cabinets. These should be included under the heading of one contract. I think you can buy less than $2,000 from one vendor without a bid. If you buy more than $2,000 from a vendor, he would have had to bid. If you buy $2,000 worth from one vendor, you have entered into a contract. You can accept any portion of a bid. You can reject any portion. You can authorize up to $2,000 to go to any bidder. Councilman Cato stated he felt the solution was to reject a 11 bids and have the Ci ty Manager go shoppi ng and draw up new specifications. The original motion was withdrawn by Councilwoman Good- night and the second withdrawn by Councilman Cato. Motion was made by Councilman Ellis, seconded by Council- woman Goodnight to approve the bid by Trinity Office Supply for Clarin chairs, and to purchase 100 of these chairs at $35.79 each. Motion carried 4-3, with Council- woman McClure, Councilmen Lamond and Newman voting against. Consideration of Obtaining Telephone Equipment The City Manager, upon question presented by the Council, recommended the equipment and the bid by CCA, in the amount of $27,500. Councilwoman Goodnight moved that the recommendation of the City Manager be approved. Councilman Conant seconded the motion. Motion carried 6-1, with Councilman Newman voting against the motion. TELEPHONE EQUIPMENT Vote: 6-1 New Tape Consideration of Payment to Stafford R. Hardin in the amount of $107,024.00 APPROVAL OF PAYMENT Vote: 7-0 151 Motion was made by Councilman Lamond, seconded by Councilman Ellis, to pay this statement as presented. Motion carried 7-0. Consideration of Payment to Water Tank Service Company, 3-524, in the amount of $8,503.50 APPROVAL OF PAYMENT Vote: 7-0 211 Motion was made by Councilman Conant, seconded by Councilwoman Goodnight,to approve the payment as presented. Motion carried 7-0. Public Hearing on the Proposed Budget for 1975-76 Mayor Faram declared the public hearing for the proposed 1975-76 budget open, and requested those present to speak on the budget to please come forward. There being no one present to speak on the budget, Mayor Faram declared the public hearing closed. PUBLIC HEARING ON BUDGET There was no one present to speak on this item. There being no further items on the agenda, the meeting was adjourned. CITIZENS PRESENTATION ADJOURNMENT ~~ DICK FARAM, MAYOR ATTEST: ()¿. WI NN I E L. Y