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HomeMy WebLinkAboutCC 1989-06-12 Minutes Present: iTEM ORDINANCE NO. 652 REGULATING LIBRARY BOOKS NOTES ON PRE-COUNCIL MEETING JUNE 12, 1989 Tommy Brown Mack Garvin Frank Metts, Jr. Byron Sibbet Lyle E. Welch Charles Scoma Linda Spurlock Rodger Line Dennis Horvath Jeanette Rewis Rex McEntire Lee Maness Greg Dickens Danny Taylor Arl ita Hallam Bobbie McCorkle Monica Walsh Richard Albin Mayor Councilman Councilman Councilman Councilman Councilman Councilwoman City Manager Deputy City Manager City Secretary Attorney for the City Finance Director Public Works Director Community Development Director Library Director Court Administrator Parks Department City Engineer Absent: Richard Davis C.A. Sanford Mayor Pro Tem Assistant City Manager DISCUSS ION ASSIGNMENT Mayor Brown stated he would like for the procedures to be changed that pertain to Bobbie McCorkle Please follow up. books/materials not being returned. Mayor Brown advised he did not feel a warrant should be issued for this violation and would like to see the policy changed. Mr. Horvath explained the eleven steps that were taken before a warrant was issued. Mr. Horvath advised that the Warrant Officer did not serve these warrants. If a person was stopped for a traffic violation the warrant would show up and they then were detained. Pre-Council Minutes 6/12/89 Page 2 rTEM DISCUSSION ACTION TAKEN Councilman Welch stated he had discussed this with the Library Board and they had voted to leave it as is. Councilman Welch stated that citizens that took out library materials needed to return them and the policy should be left as is. Councilman Scoma stated it was an expense to the City and he would prefer to leave the policy as is. Mayor Brown advised he would like to see this item placed on the agenda. However by "straw vote" it was decided that it would not be on the agenda. CHIMNEY INSPECTIONS Mr. Horvath advised that the City Staff recommended that the builders handle their Danny Taylor Prepare ordinance. own scheduling and pricing of inspections and submit a certificate of completion before the house was finaled. Mr. Line advised the Building Official could require the inspection. Councilman Garvin stated he felt Mr. Taylor had a good recommendation and would like to support it. Councilman Metts stated he would also support Mr. Taylor's recommendation. Councilman Scoma advised that when the inspection list rTEM PRESENTATION OF CONSTRUCTION PLANS DETERMINING THE NECESSITY FOR IMPROVEMENTS ON SMITHFIELD ROAD - ORDINANCE NO. 1595 Pre-Council Minutes 6/12/89 Page 3 DISCUSSION was reworked this item could be added. It was a consensus that an ordinance be prepared requiring the builder to have the inspection completed. Mr. Dickens advised the Council of the three projects being proposed - Calloway I, Calloway Branch Phase II-A and Amundson Drive Elevated Tank. Mr. Dickens explained the reason for the proposed improvements. Mr. Line advised the City would be going out for bids on these projects. Councilwoman Spurlock inquired as to the cost if a second tloor was added to the storage tank. Mr. Dickens advised this would be placed on the bid as an alternate and brought back to the Council. Councilman Scoma asked if bonds had been sold for these projects. Mr. Line replied yes. Mr. Line advised this item was not to discuss the merits or demerits, only questions from the Council on the procedures. Councilman Scoma asked if the width of the street would be the same as it was now. Mr. Albin advised the street would be widened. Councilman Scoma stated if ACTION TAKEN Greg Dickens Follow up. Dennis Fo 11 ow up with Rex, per decision in Council Meeting. rTEM MUNICIPAL COURT FINES - ORDINANCE NO. 1610 APPROVAL OF ADDITIONAL SUMMER BASKETBALL AND VOLLEYBALL PROGRAMS AUTHORIZING THE ISSUANCE AND SALE OF SERIES 1989-B REFUNDING REVENUE BOND - ORDINANCE NO . 1612 AUTHORIZING THE ISSUANCE AND SALE OF PUBLIC PROPERTY CONTRACTUAL OBLIGATIONS SERIES 1989 - ORDINANCE NO. 1611 & RESOLUTION NO. 89-31 Pre-Council Minutes 6/12/89 Page 4 DISCUSS ION ACTION TAKEN the street was made wider and closer to the dwelling, he did not feel it would enhance the property. Mr. Dickens advised there would be an appraiser to address the project. Mr. McEntire explained the cost dealing with Bobbie McCorkle, Judge Thorn & Enforcement Staff taxes on court costs. Ms. Walsh, Parks Department, explained there had Jim Browne been several requests from citizens for additional programs during the summer months. Ms. Walsh advised, if approved, this request would generate additional revenue for the City. Mr. McInroe, First Southwest Company, explained Lee Maness the issuance and sale of the refunding revenue bonds. Mr. McInroe advised they did have the bid and the bonds sold at a rate of 7.09. Lee Maness TTEM PUBLIC HEARING ON CONSIDERATION OF ADOPTION OF IMPACT FEES FOR DRAINAGE FACILITIES ITEMS ON CONSENT AGENDA NOT ON PRE COUNCIL OTHER ITEMS Pre-Council Minutes 6/12/89 Page 5 DISCUSSION ACTION TAKEN Mr. Dickens advised that in March the Council Mayor, Council & Staff had been presented a schedule on the adoption At the Council Meeting, the Public of the impact fees. Mr. Dickens stated the Hearing was opened and recessed to the committee recommended holding the public hearing July 24th meeting. The work session and that no be action taken tonight. There was a was rescheduled for July 11th at phase in schedule on the fees. Councilman Garvin 6:00 p.m. asked that a work session on the impact fees be held before final adoption because of new council members that were not familiar with it. Mayor Brown advised a work session on impact fees would be held June 29th at 6:00 p.m. No questions. Councilman Sibbet distributed information on Staff F 011 ow up. the renaming of streets. Councilman Scoma distributed information from Staff Follow up. the Day Care Committee pertaining to revisions of the ordinance. 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 - JUNE 12, 1989 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order June 12, 1989, at 7:30 p.m. Present: Tommy Brown Lyle E. Welch Mack Garvin Frank Metts, Jr. Charles Scoma Byron Sibbet Linda Spurlock Staff: Rodger N. Line Dennis Horvath Jeanette Rewis Rex McEntire Greg Dickens Absent: Richard Davis C.A. Sanford 2. ROLL CALL Mayor Councilman Councilman Councilman Councilman Councilman Councilwoman City Manager Deputy City Manager City Secretary Attorney City Engineer Mayor Pro Tem Assistant City Manager 3. INVOCATION Councilman Sibbet gave the invocation. 4. MINUTES OF THE REGULAR MEETING MAY 22, 1989 APPROVED Councilman Garvin moved, seconded by Councilman Metts, to approve the minutes of the May 22, 1989 meeting. Motion carried 6-0. 5. REMOVAL OF rTEM(S) FROM THE CONSENT AGENDA None June 12, 1989 Page 2 6. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (11, 12, 17 & 18) APPROVED Councilman Garvin moved, seconded by Councilman Metts, to approve the Consent Agenda. Motion carried 6-0. 7. SPECIAL PRESENTATION - PROJECT PRIDE'S GREEN THUMB AWARD TO MARVIN SMITH FOR RESTORATION OF THE OLD SMITHFIELD DEPOT Ms. Wanda Strong, Chairman of Project Pride Committee, presented Marvin Smith the Green Thumb Award for his restoration of the Old Smithfield Depot. Mayor Brown advised he would like to move Items No. 13 and 14 to this point on the agenda. 13. GN 89-74 AUTHORIZING THE ISSUANCE AND SALE OF SERIES 1989-B REFUNDING REVENUE BONDS - ORDINANCE NO. 1612 APPROVED Mr. Harold McInroe, First Southwest Company, appeared before the Council. Mr. McInroe presented the Council with a recap on the bids received on the sale of series 1989-B refunding revenue bonds. Mr. McInroe stated the refunding was at the rate of 7.09. Councilman Garvin moved, seconded by Councilman Metts, to approve Ordinance No. 1612. Motion carried 6-0. 14. GN 89-75 AUTHORIZING THE ISSUANCE AND SALE OF PUBLIC PROPERTY CONTRACTUAL OBLIGATIONS SERIES 1989 - ORDINANCE NO. 1611 AND RESOLUTION NO. 89-31 APPROVED Mr. McInroe, First Southwest Company, appeared before the Council. Mr. McInroe advised the bids had been received at the rate of 7.65 and he felt this was an excellent effective interest rate. Mr. McInroe stated the contractual obligations were ?hort term instruments to borrow money and would be paid out in a period of six years. Mr. McInroe stated this would be an estimated cost savings of $4,000 to the City. June 12, 1989 Page 3 Councilman Scoma stated that the Council had previously discussed self-insurance versus a policy to cover the equipment. Councilman Scoma asked if anything had been done to evaluate the cost for providing additional insurance. Mr. Maness advised that Mr. McKinney had checked and it would cost approximately $1,200 annually. Councilman Garvin moved, seconded by Councilman Welch to approve Ordinance No. 1611. Motion carried 6-0. Councilman Garvin moved, seconded by Councilwoman Spurlock, to approve Resolution No. 89-31. Motion carried 6-0. 15. GN 89-76 PUBLIC HEARING ON CONSIDERATION OF ADOPTION OF IMPACT FEES FOR DRAINAGE FACILITIES RECESSED Councilman Garvin advised that the Council felt this item needed to be postponed for further study and asked that it be moved to this point on the agenda. Mr. McEntire advised the Mayor that he should open the Public Hearing and let those present appear and state their name and address. Mayor Brown opened the Public Hearing. The following persons appeared: Joe Tirk, 909 John McCain; Pat Marin, 6521 Briley; J.B. Sandlin, 405 Woodbriar Court; John Barfield, 416 Louella; Nelson Stoppiello, 7400 Jade Circle. Mr. McEntire asked if there were any objections to recessing the Public Hearing until July 24th. There were no objections from the public. Councilman Garvin moved, seconded by Councilman Metts, to recess the Public Hearing until July 24, 1989. Motion carried 6-0. Mayor Brown advised that there would be a work session on the impact fees on July 11th at 6:00 p.m. Councilwoman Spurlock moved to hear Item #16 at this point on the Agenda. Motion died for the lack of a second. June 12, 1989 Page 4 8. GN 89-18 DETERMINING THE NECESSITY FOR IMPROVEMENTS ON SMITHFIELD ROAD - ORDINANCE NO. 1595 APPROVED Mr. McEntire, Attorney, presented the Ordinance, the caption of which foll ows: "AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREET: SMITHFIELD ROAD FROM TURNER DRIVE TO JOHN AUTREY ROAD IN THE CITY OF NORTH RICHLAND HILLS, TEXAS, FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREFORE FOR A PART OF THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR METHODS OF PAYMENT; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS, DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATIVE TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORD OF THIS CITY; AND PROVIDING FOR AN EFFECTIVE DATE. II Councilman Garvin moved, seconded by Councilman Sibbet, to approve Ordinance No. 1595. Motion carried 5-1; Councilwoman Spurlock, Councilmen Welch, Garvin, Sibbet and Metts voting for and Councilman Scoma voting against. 9. GN 89-19 PUBLIC HEARING ON SMITHFIELD ROAD ASSESSMENTS Mr. McEntire, Attorney for the City, explained the assessment roll and called upon the Director of Public Works to outline the scope of the project. The Director of Public Works outlined the scope of the project. Councilman Scoma asked when it was anticipated that the road would be constructed. Mr. Dickens stated if everything was approved, bids would be received in approximately three weeks. Mr. Dickens stated that construction time was approximately one year to fifteen months. Councilman Scoma asked if the City already had funds for the project. Mr. Dickens replied yes. June 12, 1989 Page 5 Councilman Scoma asked how the funds were developed. Mr. Dickens stated that the funds were authorized by the 1985 Bond Election. The Attorney called upon John Marin to testify. Mr. John Marin of Metro Appraisers, 1060 West Pipeline Road, Suite 101, testified as to his credentials as a real estate appraiser and his general knowledge of the value of real estate in Northeast Tarrant County. He makes his living as a real estate appraiser and broker. He has held a Texas Real Estate Broker1s License since 1975. He further testified that he had performed a study of the assessment rolls and each piece of property on the rolls. His study had consumed several weeks and was completed for the purpose of recommending certain reductions in assessments on May 18, 1989. His reductions have been incorporated into the rolls the Council has before it. He testified that in his opinion that the street project would enhance the value of each piece of property in an amount of at least the amount of each assessment. Mr. Marin answered questions from the Council concerning his method of appraisal. The Mayor called upon members of the public to ask questions or testify concerning the assessments. Mr. Cecil Brewer, 4612 Biscyne, representing his mother, Mrs. Annie Brewer, appeared before the Council. Mr. Brewer stated his mother owned property on Smithfield Road that was zoned agriculture. Mr. Brewer stated that Ordinance No. 1338 stated that vacant land and/or lots were assessed at all other property rates and that these properties were considered as investments regardless of what they were being used for. Mr. Brewer stated he would like to see consideration given for agriculture zoned property. Councilman Garvin stated the ordinance that treated agriculture like any other nonresidential property was an old ordinance and he did not agree with it and felt it needed to be reviewed. Councilman Garvin stated it was unfortunate that this public hearing was held before Council had a chance to review the ordinance. Councilman Garvin stated there needed to be consideration given for a difference in agriculture; perhaps look into what was the highest and best use when making an assessment. Councilman Scoma asked if there was any reason why the property was not homesteaded. Mr. Brewer stated that his mother's homestead was on Primrose. Councilman Scoma asked if when he was approached about the possibility of selling right-of-way, was there any discussion regarding an assessment for the road frontage. Mr. Brewer stated that they knew it would be assessed, but thought that when they agreed on $.70 square foot for right of-way that it was residential. June 12, 1989 Page 6 Councilman Scoma asked if he knew what the surrounding property owners were paid for right-of-way. Mr. Brewer replied, no. Councilman Scoma stated he was concerned with agriculture property being considered as nonresidential when the surrounding property was residential. Councilman Scoma stated the Council would, he hoped, address this issue in the future so these kind of circumstances could be avoided. Councilman Scoma stated he would like to see the Council, in this situation as well as the other agriculture considerations, to review them in light of what the City paid for right-of-way proportion to the assessments. Mr. Rodolfo Garcia, 7116 Smithfield Road, appeared before the Council. Mr. Garcia stated his concern was the sidewalks on the east side. Mr. Garcia stated there were a lot of trees and if the sidewalks were put in some of the trees would have to be removed. Mr. Garcia stated the tree roots would also cause the sidewalks to crack. Mayor Brown stated the PTA requested the sidewalks so the children would not have to walk in the street to get to school. Councilwoman Spurlock stated the Council directed Staff to make every effort to put the sidewalks around the trees. Councilwoman Spurlock requested that a study be made to save the trees that would interfere and go around them if possible. Mr. Dickens stated, as he understood Council IS direction, it was to go forward with the sidewalks if the trees could be saved. Mr. Dickens stated Council was advised at that time that Staff felt most of the trees would have to be removed. Mr. Dickens stated they would save the trees if possible. Councilwoman Spurlock stated she did not feel Council could address the issue until they had reviewed it thoroughly. Mr. Garcia stated the sidewalks could be put on the other side of the street. Mayor Brown advised that sidewalks were not a part of this issue. Councilman Garvin stated sidewalks were a part of this issue. Councilman Scoma asked if this street would be 68 feet of right-of-way. Mr. Dickens stated it would be on all properties except one. Councilman Scoma asked what was the approximate width of the right-of-way now. Mr. Dickens stated approximately 50 feet. June 12, 1989 Page 7 Councilman Scoma stated they were talking about acquiring 18 feet of additional right-of-way. Mr. Line stated the right-of-way had already been acquired. Mr. Line asked that when the right-of-way was obtained was it not correct that if there were trees on private property the property owner was compensated for the trees. Mr. Dickens stated, no, that was not correct. Councilman Scoma asked Mr. Garcia if he was familiar with where the right-of-way was in front of his house. Mr. Garcia stated, yes. Councilman Scoma stated he was assuming the right-of-way would be a 50/50 split, and the property owners across from Mr. Garcia had the same problem. Mr. Dickens stated, no, the street was sleuthed through this section from Turner to Hightower. Councilman Scoma asked how much additional right-of-way was needed on the east side of Smithfield Road. Mr. Dickens stated no additional right-of-way was needed between Turner and Hightower. Councilman Scoma asked if the street would not have to go toward t~ homes. Mr. Dickens stated it would go toward the homes but there would not be a standard parkway on that side of the street. Councilman Scoma asked if any trees that were there currently, and not in the right-of-way at the present time, would be affected by the road. Mr. Dickens stated the trees would not be torn down, but as far as the construction having an effect, he could not answer. Councilman Scoma advised Mr. Garcia if he knew where his property line was and if he looked at the right-of-way, he would find that most of the trees in front of his house would be left. Councilman Scoma stated that the street needed to be widened. Councilman Scoma stated his concern was that the street was condensed down in different areas, such as Davis Boulevard. Councilman Sibbet asked Mr. Garcia if anyone ever told him the trees would be taken out. Mr. Garcia replied, no, but it would be logical that the sidewalk would be on the west side. Councilman Sibbet asked if the trees were considered in the appraisal. Mr. McEntire stated the trees were on the City IS right-of-way. June 12, 1989 Page 8 Councilman Metts stated the discussion was the impact of the sidewalks on the trees and not the street. Mr. Garcia stated his concern was not the street being widened, but the removal of the trees. Councilwoman Spurlock stated that if the trees were in the right-of-way they would have to be removed. Councilwoman Spurlock stated if the trees were in the path of the sidewalk, she hoped the City would make every effort to go around them. Councilman Welch asked Mr. Garcia why he did not appear at the hearing for the sidewalks. Councilman Welch stated that no one appeared in opposition at the sidewalk public hearing. Councilman Welch stated it was his understanding that the trees would not be disturbed and the ones that could be saved would be. Mr. Garcia stated he was not notified of the public hearing. Mr. Garcia stated that if he had been notified he would have been present. Mr. Line advised that the City did not do the notification, that the P.T.A did. Councilman Scoma stated that it appeared, looking at the alignment of the right-of-way for the street, that the trees would not be disturbed. Mr. Dickens stated that the majority of the trees were in the current right-of-way. Mr. Kelly Beebe, 7020 Smithfield Road, appeared before the Council. Mr. Beebe stated the road had to be widened. Mr. Beebe stated he had discussed it with the City Engineer and he said that the sidewalk would be back four feet from the end of the curb. Mr. Beebe stated this would require the movement of the telephone poles. Mr. Beebe stated it would impact the trees on the property. Mr. Beebe asked that every effort be made to go around the poles. Mr. Beebe stated he had not received a firm answer from the Engineer on where the poles would be moved to. Mr. Dickens stated he had advised Mr. Beebe that he could not tell him where the poles would be located because they were the power company's poles and not the Cityls. Councilman Scoma asked Mr. Dickens if it would be practical to shift the road to the west and eliminate the problem. Mr. Dickens stated plans had already been approved. Councilwoman Spurlock asked how many poles were involved. Mr. Dickens stated approximately five. Councilwoman Spurlock asked what it would cost for a redesign. June 12, 1989 Page 9 Mr. Dickens stated it would be a substantial sum. Mr. Horvath stated the contractor would be considerate of the trees and would try to save as many as possible. Mr. Joe Tirk, 909 John McCain, Colleyville, appeared before the Council. Mr. Tirk stated he owned a house on Smithfield Road which had curb, gutter, asphalt and storm drainage and he thought maybe he would not be assessed. Mr. Dickens advised that there would be an assessment on Mr. Tirkls property. Mr. Tirk asked if there was some method of payment for the assessment. Mr. Line advised that the assessment could be paid out over a period of four years at an interest rate of 8%. Mr. Tirk stated he was given $990 for right-of-way and he was told he would have to pay an assessment. Mr. Tirk stated that he had no idea the assessment would be $5,000. Councilman Scoma asked Mr. Turk if he knew the amount that Tarrant Appraisal District had appraised his property. Mr. Turk replied, no. Councilman Scoma asked if this was rental property. Mr. Tirk stated, yes. Councilman Scoma stated that Tarrant Appraisal District had Mr. Tirkls property valued at $31,297 and the City was asking him to pay $5,548 for an assessment. Mr. Ray Cox, 7720 Evergreen, appeared before the Council. Mr. Cox advised he lived on the corner of Evergreen and Smithfield Road. Mr. Cox asked how close the road would come to his fence. Mr. Dickens advised it would be approximately 9 1/2 to 10 feet from the fence. Mr. Cox stated that the bond issue for street improvements was approved and asked why there was an assessment. Mr. Line stated that the City tried to communicate with the citizens in connection with the bond issue that if approved there would still be assessments. Mr. Line stated that the property owner was only being assessed approximately $11.00 a foot for a side yard and the City would be paying approximately $115 of the cost. June 12, 1989 Page 10 Mr. Cox stated that the assessments were supposed to increase his value and if he had wanted to make profit on his property he would have moved a long time ago. Mayor Brown closed the Public Hearing after inquiring whether or not anyone else wished to testify. 10. GN 89-20 CLOSING HEARING AND LEVYING ASSESSMENTS FOR IMPROVEMENTS OF SMITHFIELD ROAD - ORDINANCE NO. 1596 Councilman Garvin moved, seconded by Councilman Scoma to approve Ordinance No. 1596 subject to the following conditions: Any residential zoned property, where a family resides and it is homesteaded, the assessment be limited to the amount of credits shown on the roll from the right-of-way purchase. Further, anything zoned agricultural be assessed a residential frontage rate if it is used as residential property and all other assessments stand as recommended. Councilwoman Spurlock asked how much difference in funds there would be if the motion was approved. Mr. Line advised it would take awhile to calculate. Mr. McEntire advised the zoning would have to be checked because there was a lot of agricultural property. Councilman Metts stated he would like to have more information on the impact this would have. Councilman Scoma stated he would like to include in the calculations what would happen to the estimated construction cost of $738,622 that was estimated three or four years ago, and compare it with the construction cost of today. He stated there should be some savings realized. Mr. Line advised that these assessments were based on estimated construction cost and the ordinance states that if the actual cost is less than estimated the property owner is given the benefit of the lower price. Mr. Line stated if the cost was higher than estimated the City would absorb it. Councilman Metts stated he felt the Council would be setting a precedence and would like to know what could happen in future assessments programs. Mr. Line stated it might be possible to compare the actual amount percentage wise to the proposal, and assuming that all other projects that remain to be done were similar, then an estimate could be made. Councilman Garvin asked Mr. McEntire if it would be legal to call a recess and not vote on the motion until the meeting was called back to order. June 12, 1989 Page 11 Mr. McEntire stated yes. Mayor Brown called a recess. RECESS BACK TO ORDER Mayor Brown called the meeting back to order with the same Council Members present as recorded. The City Manager announced that it would take another 20 minutes to get the figures the Council requested as to Item GN 89-20. Mayor Brown advised the Council would consider Item 16 while waiting for the figures in connection with GN 89-20. *11. GN 89-72 MUNICIPAL COURT FINES - ORDINANCE NO. 1610 APPROVED *12. GN 89-73 APPROVAL OF ADDITIONAL SUMMER BASKETBALL AND VOLLEYBALL PROGRAMS APPROVED 16. GN 89-77 PUBLIC HEARING ON REGULATION OF SKATEBOARD RAMPS Mr. McEntire explained the reason and purpose of the public hearing. Mr. McEntire advised there would not be an ordinance passed at this Council Meeting. Mayor Brown opened the Public Hearing and called for those wishing to speak to come forward. Mr. Dan Koffman, 7520 Hanover Lane, appeared before the Council. Mr. Koffman stated he did not understand why skateboard ramps needed to be regulated. Councilwoman Spurlock advised Mr. Koffman there was a situation in the City where there was a ramp in the back yard and a citizen had complained about the noise. Councilwoman Spurlock stated the Council held this hearing to receive input from the citizens on regulating the ramps. Mr. Koffman stated he had recently built a ramp in his backyard. Mr. Koffman asked if he had to take it down would a public ramp be built so the skateboarders would have a place to go. June 12, 1989 Page 12 Councilwoman Spurlock stated she had talked with the Park Board about it and they reported back that at this time they were not in favor of it due to the liability that the City would face. Mr. Koffman stated he felt it would be ludicrous that anyone would consider removing the ramps, but did understand some people's point of view. Mr. Koffman stated he would like to see a public ramp for the citizens of North Richland Hills. Councilman Welch stated the complaint on a skate board ramp the City had received was six feet tall and the kids would skate up the ramp and watch him in his backyard. Councilman Welch stated he would like, sometime in the future, for the City to build one. Councilman Welch stated he felt a committee needed to be formed to study the possibility of the City constructing such a ramp. Mr. Koffman stated he had a neighbor who had a trampoline who could see in his back yard. Councilwoman Spurlock stated it was the noise and not the fact they were looking in the yard. Councilman Sibbet stated there was an article in the Star Telegram on the ramp that the citizen had complained to the City about. Councilman Sibbet stated it was a very large ramp and he thought the enormity of the ramp and the noise was the problem. Councilman Scoma asked Mr. Koffman the type of ramp he was constructing. Mr. Koffman stated he was building what was known as a half-pipe. Councilman Scoma stated one of the Cityls concerns was the noise. Councilman Scoma asked the size of the ramp Mr. Koffman was building. Mr. Koffman stated it was 10 feet wide and 4 feet high. Councilman Scoma stated the City was not trying to make it difficult for skateboarders, but was looking at what was best for all of the citizens. Councilman Sibbet stated the City wanted to work with the skateboarders, and he felt they needed to take into consideration the height and noise when constructing one. Mr. Koffman asked if there was another meeting on the ramps, how would the people know about it. Mayor Brown advised it would be in the City's newsletter and the newspaper. Mr. Line advised notification could be done from the list of people that had requested to speak. Mr. Koffman asked if he decided to put together some recommendations, who would he submit them to. June 12, 1989 Page 13 Mayor Brown advised to submit them to the City Manager. Councilman Garvin stated he would like to make a challenge to the guys present. Councilman Garvin stated a lot of the kids skated in concrete channels within the City and some of the kids spray painted on the channels and he challenged those present to try and get it stopped. Mr. Koffman stated that was one reason he was in favor of allowing them in backyards or a public place that was regulated. Mayor Brown advised the Council had received the information on Item No. 10 (GN 89-20) and would go back to that item. 10. GN 89-20 CLOSING HEARING AND LEVYING ASSESSMENTS FOR IMPROVEMENTS OF SMITHFIELD ROAD - ORDINANCE NO. 1596 Mayor Brown stated that Councilwoman Spurlock had asked how much money the City would be losing if the motion carried. Mr. Line advised that the total assessments for Smithfield Road was $300,000 and the changes proposed in the motion would subtract approximately $68,000 from the $300,000. Mr. Line stated the $68,000 with respect to future projects that had not been undertaken, that were provided in the bond program, a rough estimate of cost would be $300,000 to $400,000 in reduced assessments, if the same principles were applied. Mr. Line stated also the affect was unknown as to what this would do to assessments that had been levied on Martin, Watauga Rd., Starnes and Hightower, which were presently being paid by the property owners. Councilman Metts stated consideration needed to be given on the impact in the future, at least to the end of the current bond program where certain projects were to be accomplished. Councilman Metts stated he was concerned about changing in midstream. Councilman Metts stated he would be in favor of some sort of plan to change the ordinance after the bond program was finished. Councilman Scoma stated he felt it was a different economic era now than in 1985 when the bond issues were approved and the cost estimates were generated. Councilman Garvin asked if the City had the funds to cover the $68,000. Mr. Line stated, yes, it would not put this project in a deficit position. Councilman Metts stated he felt a precedent would be set, he was not against correcting a wrong and wanted to be fair. Councilman Metts asked the attorney for an opinion of what area the City would be entering into for rebating citizens that had already paid their assessments. Mr. McEntire stated the principal problem was not going to come from the small owner. The ones he was concerned about was the ones that were currently assessed $60,000, $80,000 or $90,000 on a project and the June 12, 1989 Page 14 assessments were cut for someone in another category. Mr. McEntire stated those are the people that will have the money to file suit. Councilwoman Spurlock asked Mr. Line if he felt the City could recoup the $68,000 in the future because a precedent was being set and would probably continue. Mr. Line stated he could not really answer but would be glad to give the Council a report on it. Mr. McEntire stated he had been asked a question and would rather be in a position to do a good job in the event the City was challenged. Mr. McEntire suggested the Council table this item for two weeks. After further discussion, Councilman Garvin withdrew his motion. Councilman Scoma withdrew his second. Councilman Garvin moved, seconded by Councilman Scoma, to table this matter until the July 10th meeting at which time Mr. McEntire would come back to the Council with a reasonable wording to accomplish the same means. Motion carried 5-1; Councilwoman Spurlock, Councilmen Garvin, Metts, Scoma and Sibbet voting for and Councilman Welch voted against. Mayor Brown advised the Skateboard Ramp Public Hearing would resume. 16. GN 89-77 PUBLIC HEARING ON REGULATION OF SKATEBOARD RAMPS Mr. Ryan Rusuak, 8409 Randy Drive, appeared before the Council. Mr. Rusuak stated that skating was just like basketball, when you dribble the ball it is just as loud. Mr. Rusuak stated skateboarding was a sport and a lot of people did it. Mr. Cody Cliner, 7025 Crabtree, appeared before the Council. Mr. Cliner stated it was mentioned earlier about the guy with the six foot fence and if people wanted to look over the fence they could put up a ladder. Mr. Cliner stated basically all he wanted to say was what Mr. Rusuak said. Mr. Paul Phillips, 6716 Simmons, appeared before the Council. Mr. Phillips stated he would like to say if skate ramps were not allowed in back yards, where could they skate. Mr. Phillips stated they skated in parking lots or on the street and the police officers were always stopping them and he was wondering why they could not skate in the street or their own back yards. Mr. Phillips stated masonite could be put on the skate ramps and they would not be so loud. Mr. Phillips stated he wanted to ask if his friend Tom Ward could speak. Mayor Brown advised that Mr. Ward could speak as soon as he was through with the ones that had filled out the Request-to-Speak Forms. June 12, 1989 Page 15 Mr. Tom Ward, Starnes, appeared before the Council. Mr. Ward advised it was his ramp that was written about in the Star Telegram. Mr. Ward stated it was not five feet and ten people did not skate on the ramp at one time. Ms. Sharon Curry, 7949 Kendra, appeared before the Council. Ms. Curry stated she did not have anyone that used ramps but explored them recently for the City of Watauga. Ms. Curry stated that Grapevine had built a skating ramp at a cost of approximately $7,500 plus liability insurance. Ms. Curry stated that TML sent a letter advising that as of October 1st they would no longer insure skateboard ramps for municipalities, therefore that must be taken into consideration. Ms. Curry stated she did feel there needed to be a place for the kids to skate. Ms. Curry stated she was glad to see the City explore this and see what could be done. Mr. Rick Robinson, 5804 Clarnick, appeared before the Council. Mr. Robinson stated he did not feel a homeowner should be regulated, possibly the City could make money on permits for the ramps. Mr. Robinson stated that as a Vice-President of a newly formed youth organization, he felt if the City worked with the area youth organizations regulations could be worked out. Councilman Spurlock asked Mr. Robinson what youth organization he worked wi th . Mr. Robinson stated he worked with the North Area Youth Association, Watauga, Keller, Richland Hills and North Richland Hills. Councilman Metts advised there was no profit in permits for ramps. Councilman Metts stated that basically he did not like to see government get involved in regulating, but if it got out of hand, then try and resolve the problem. Councilman Metts stated that a very upset citizen had been before the Council complaining about skateboard ramps. Councilman Metts stated both sides had a valid point and he felt that by working together it could be solved. Mr. Mike Broom, 7913 Irish Drive, appeared before the Council. Mr. Broom stated he felt the kids needed some place to skate and did not think it should be regulated. Mr. Broom stated he also realized the neighbors need to work together. Mr. Broom stated there were other forms of disturbance that was not regulated, such as barking dogs. Mr. Broom stated he felt a happy median could be reached. Councilman Scoma stated there was an ordinance on barking dogs and several types of nuisances. Councilman Scoma stated that this needed to be looked at collectively. Councilman Scoma stated the time, noise and safety aspects needed to be addressed. Councilman Scoma stated he would like to see a committee formed to study skateboard ramps and make a recommendation June 12, 1989 Page 16 to the Council. Councilman Scoma stated he thought the committee should consist of some of the people that were present and youth organizations. Mayor Brown advised this would be considered at the next meeting. *17. PW 89-22 AWARD OF BID FOR REHABILITATION OF SANITARY SEWER IN SNOW HEIGHTS ADDITION: SHAUNA DRIVE TO RIVIERA DRIVE APPROVED *18. PW 89-23 APPROVE CHANGE ORDER NO. 6 - MISCELLANEOUS PAVING AND DRAINAGE IMPROVEMENTS APPROVED 19. CITIZENS PRESENTATION MS. CHRIS NORGARD 6971 COX LANE RE: DRAINAGE PROBLEM Mr. Line advised that Mrs. Chris Norgard has called on Friday and asked that her request be postponed. 20. ADJOURNMENT Councilwoman Spurlock moved, seconded by Councilman Garvin, to adjourn the meeting. Motion carried 6-0. ATTEST: rJ ¡Z' /.. .. ) j á;?~~Z:¿¿/· ~ Ci Secretary {/