HomeMy WebLinkAboutCC 1989-07-10 Minutes
Present:
ITEM
NOTES ON PRE-COUNCIL MEETING
JULY 10, 1989
Tommy Brown
Richard Davis
Mack Garvin
Frank Metts, Jr.
Byron Sibbet
Lyle E. Welch
Charles Scoma
Linda Spurlock
Rodger Line
Dennis Horvath
C.A. Sanford
Jeanette Rewis
Rex McEntire
Lee Maness
Greg Dickens
Bob Mi 11 er
Donna Heishman
George Tucker
Richard Albin
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilman
Counc ilman
Councilman
Councilwoman
City Manager
Deputy City Manager
Assistant City Manager
City Secretary
Attorney for the City
Finance Director
Public Works Director
Economic Development Director
Budget Director
Management Services Director
City Engineer
DISCUSS ION
ASSIGNMENT
uITY FEST FOR No one present - no discussion. NAN
- 1990
APPROVE RE- Councilman Scoma asked how long the City had Lee
ENGAGEMENT OF TAA
PEAT MARWICK MAIN & been using the firm of Peat, Marwick, Main
CO. AS AUDITORS
FOR FISCAL YEARS and Company.
1988/89, 1989/90,
& 1990/91
Mr. Line advised that the City had been using
the firm since FY 1980-81.
Councilman Scoma asked if the City has
asked for proposals from other firms.
Mr. Maness explained that when Peat, Marwick,
Main and Company was hired in 1980 it was a
five year agreement and the staff was asking
the Council to extend the agreement for three
years.
Pre-Council Minutes 7/10/89
Page 2
TEM
DISCUSSION
ACTION TAKEN
Mr. Line advised that consideration had been
given to proposing the appointment of a Council
Committee; however, since this was done
approximately three years ago, which
recommended Peat, Marwick, Main, it was decided
to postpone such a procedure.
CLOSING HEARING AND Mr. McEntire explained the assessment rolls
LEVYING ASSESSMENTS
FOR IMPROVEMENTS that were to be considered. Roll #1 was the
OF SMITHFIELD RD. -
ORDINANCE NO. 1596 same as presented at the June 12th meeting.
Roll #2 was the revised roll as recommended by
Dennis
TAA
Councilman Garvin.
Mayor Pro Tern Davis asked if vacant and AG
property would be assessed at a residential
rate.
Councilman Garvin advised the residential rate
would apply only when it was a collector or
major thoroughfare.
Councilwoman Spurlock asked if a requirement of
the number of acres as to whether or not it would
be assessed at the residential rate.
Mayor Pro Tern Davis asked if approving roll #2
would have any effect on prior assessments.
TEM
AWARD OF BIDS:
IRON HORSE GOLF
COURSE EQUIPMENT
Pre-Council Minutes 7/10/89
Page 3
DISCUSSION
Mr. McEntire stated no. The ordinances had been
approved and protest had to be received within
30 days after passage.
Councilman Garvin stated he felt a committee
should be appointed to review and rewrite the
ordinance.
Councilwoman Spurlock asked if the equipment
was needed at the present time.
Mr. Sanford advised that the equipment would
be delivered over a four month period and
the equipment would be needed by that time.
Councilman Welch asked how the equipment would
be insured.
Mr. Sanford advised that the City would obtain
a separate policy at an approximate cost of
$1,500 per year.
AWARD OF CONTRACT Mayor Pro Tern advised that the low bidder did
FOR GRASS SPRIGGING
ON IRON HORSE GOLF not meet specifications. It was the recommen-
COURSE
dation of the Ad Hoc Committee to accept the
bid of Quality Turf with the exception that it
not exceed $85,860. The bid of Brown and
ACTION TAKEN
C.A.
Follow up
on insurance.
C.A.
Fo 11 ow up.
TEM
LETTER FROM MR.
ROBERT MARKS
REGARDING WATER
LINE REPLACEMENT
Pre-Council Minutes 7/10/89
Page 4
DISCUSSION
Harris for the grading needed to be rejected
and authorization needed to be given the
City Manager to execute a contract with
RSL.
ACTION TAKEN
Mr. Line advised that a report was being prepared Dennis
Follow up.
by Mr. Dickens and when completed the staff
would report back to the Council.
APPOINTMENT OF Councilman Garvin advised he did not think a Rex
COMMITTEE REGARDING TAA
REGULATION OF committee was needed.
SKATEBOARD RAMPS
FINAL REPORT ON
COUNCIL/MANAGER
WORKSHOP - 1989
ITEMS ON CONSENT
AGENDA NOT ON PRE-
COUNCIL
Councilwoman Spurlock stated that the City
might join in a joint venture with the YMCA.
Mr. Horvath advised that Jim Browne would check
wi th the YMCA.
Councilman Scoma stated the nuisance ordinance
needed to be looked at and perhaps incorporate
regulations of skateboards on public and private
property.
Mr. McEntire was to style something for the
ordinance.
Mr. Line advised the Staff would present a plan
to the Council, unless otherwise directed.
Councilwoman Spurlock questioned the appointment
date and the appointment of persons living out of
RNL
TAA
Dennis
F 011 ow up.
Pre-Council Minutes 7/10/89
Page 5
TEM
DISCUSSION
the City for the Teen Court Advisory Board.
Councilman Welch stated he felt the appointments
should be made by the Council as presently done
on the other Boards/Commissions.
Judge Thorn explained the ordinance and the reason
for the changes.
Councilman Sibbet stated the ordinance should be
changed to state that it would be the duty of the
Judge to submit three names to the Council for
consideration for appointment.
Mayor Pro Tern Davis stated he would prefer the
appointed person reside in North Richland Hills.
WORK SESSION
Mayor Brown reminded the Council of the work
session on Impact Fees, Tuesday, July 11, 1989
at 6:00 p.m.
OTHER ITEMS
Mayor Brown advised the Council of the starting
date for Watauga Road.
Mayor Brown appointed Councilmen Garvin, Scoma
and Mayor Pro Tern Davis as a committee to review
and revise the assessment ordinance.
Mayor Brown advised that the guidelines for
the naming of City facilities and streets
would be on the July 24th Pre-Council Agenda.
ACTION TAKEN
NAN
NAN
Dennis
Follow up.
Jeanette & RNL
Note
Pre-Council Minutes 7/10/89
Page 6
TEM
DISCUSSION
ACTION TAKEN
Mayor Brown advised the Council would go into
executive session.
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 - JULY 10, 1989 - 7:30 P.M.
1.
CALL TO ORDER
Mayor Brown called the meeting to order July 10, 1989, at 7:30 p.m.
Present:
Tommy Brown
Richard Davis
Lyle E. Welch
Mack Garvin
Frank Metts, Jr.
Charles Scoma
Byron Sibbet
Linda Spurlock
Staff:
Rodger N. Line
Dennis Horvath
C.A. Sanford
Jeanette Rewis
Rex McEntire
Greg Dickens
2.
ROLL CALL
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilman
Councilman
Councilman
Councilwoman
City Manager
Deputy City Manager
Assistant City Manager
City Secretary
Attorney
City Engineer
3.
INVOCATION
Ms. Nancy Nelson gave the invocation.
4.
MINUTES OF THE REGULAR MEETING JUNE 26, 1989
APPROVED
Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to approve the
minutes of the June 26, 1989 meeting.
Motion carried 6-0; Councilman Scoma abstaining due to absence from the
meeting.
5.
PRESENTATIONS BY BOARDS & COMMISSIONS
A. MINUTES OF PARK & RECREATION BOARD
B. MINUTES OF CABLE TV BOARD
C. MINUTES OF BEAUTIFICATION COMMISSION
Mr. Line advised there were no representatives present, this item was for
information only. No action was required.
July 10, 1989
Page 2
6.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
Councilwoman Spurlock removed Item No. 12 and Mayor Pro Tern Davis removed
Item No. 16 from the Consent Agenda.
7.
CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK
(13, 14, 15, & 17)
APPROVED
Councilman Metts moved, seconded by Councilman Sibbet, to approve the
Consent Agenda.
Motion carried 7-0.
8.
PZ 89-9 PLANNING & ZONING - PUBLIC HEARING -
REQUEST OF B.H.& L. JOINT VENTURE TO REZONE
TRACTS 2A & 2A3, S. RICHARDSON SURVEY,
ABSTRACT 1266 AND TRACTS 1A AND 1A1,
A. HOOD SURVEY, ABSTRACT 683, FROM R-1
(SINGLE FAMILY), C-2 (COMMERCIAL) AND
AG (AGRICULTURE) TO R-2 (SINGLE FAMILY)
(LOCATED EAST OF KELLER-SMITHFIELD RD.
AND NORTH OF GREEN VALLEY DRIVE)
Mayor Brown opened the Public Hearing and called for anyone wishing to
speak in favor of this request to please come forward.
Mr. John Barfield, 416 Louella, appeared before the Council.
Mr. Barfield stated he would like to bring the Council up-to-date on the
prior proceedings on this particular zoning request. Mr. Barfield stated
that several months ago he had applied for R-2 zoning on this tract and it
went through Planning and Zoning without any opposition. Mr. Barfield
stated that when the case was presented to the Council there was
considerable opposition and the issue died. Mr. Barfield stated that he
had understood that the property to the east would be zoned R-1 and
instead it was zoned R-3 and R-2. Mr. Barfield stated he therefore felt
that his property should be zoned R-2 also. Mr. Barfield stated that his
request was the property be zoned R-2.
Councilman Garvin stated that when the request was presented to the
Planning and Zoning Commission they approved the zoning with the
stipulation of 2,000 square foot houses and require either side or rear
entry garages or front entry garages if set back 25 feet from the front
building line. Councilman Garvin asked Mr. Barfield if he agreed with the
stipulations.
Mr. Barfield stated he did not see any problem with the stipulations.
July 10, 1989
Page 3
Councilman Scoma stated he felt the front entrance garages should be
eliminated and there be rear or side entrance garages only. Councilman
Scoma asked Mr. Barfield if he would consider donating open space for a
neighborhood park.
Mr. Barfield stated he had no problems with the restrictions or the
donation of the property.
Mayor Brown called for anyone wishing to speak in opposition to please
come forward.
Mr. Jack Knowles, 7955 Smithfield Road, appeared before the Council.
Mr. Knowles stated he lived adjacent to the property in question. Mr.
Knowles stated he had heard discussion on several different occasions and
it always seemed the interest was in up scale development. Mr. Knowles
stated they would then come back and want to retreat from the
proposition. Mr. Knowles stated he hated to see the City retreat from the
R-1 zoning.
Councilman Scoma stated that by placing these restrictions on the R-2
zoning the houses would actually be larger than the houses in R-1 zoning.
Mr. Knowles asked how the restrictions would be controlled if the property
changed owners.
Mr. Line stated the City did have a system in place that attempted to
enforce all of the provisions that the City Council placed on any kind of
zoning change.
Mr. Knowles stated that somewhere down the road when the property changed
hands two or three times someone could come in and see that it was R-2
zoning and build smaller homes.
Mr. McEntire stated the restrictions would be placed in the ordinance.
There being no one else wishing to speak Mayor Brown closed the Public
Hearing.
9.
ORDINANCE NO. 1615
APPROVED
Councilman Garvin moved, seconded by Mayor Pro Tern Davis, to approve
Ordinance No. 1615 with the stipulation of 2,000 square foot houses, side
and rear entrances only, and that there be two 150' x 150' open spaces for
parks.
Mayor Pro Tern Davis advised a lot of the restrictions would be enforced
during the platting stage.
Motion carried 7-0.
July 10, 1989
Page 4
10.
GN 89-20 CLOSING HEARING AND LEVYING ASSESSMENTS
FOR IMPROVEMENTS OF SMITHFIELD ROAD -
ORDINANCE NO. 1596 (TABLED AT THE
6/12/89 CITY COUNCIL MEETING)
APPROVED
Councilman Garvin moved, seconded by Councilman Sibbet, to approve
Ordinance No. 1596, with the second roll attached.
Motion carried 7-0.
II.
GN 89-86 RECONSIDERATION OF SELECTION OF
DELINQUENT TAX ATTORNEY
Councilman Welch moved, seconded by Councilman Sibbet, to reconsider the
vote by which Heard, Goggan, Blair & Williams, Tax Attorneys, were hired
at the June 26th City Council Meeting.
Councilwoman Spurlock spoke against the motion.
Motion carried 6-1; Mayor Pro Tern Davis, Councilmen Garvin, Welch, Metts,
Sibbet and Scoma voting for, and Councilwoman Spurlock voting against.
Councilman Welch moved, seconded by Councilman Sibbet, to engage the
services of the McCreary firm as the City's tax attorneys.
Councilman Scoma discussed the overall problem and expressed the opinion
that the firm the City had been using for 25 years was doing an excellent
job and there was no need to change.
Councilman Metts spoke to the recommendation of the committee that was
appointed to make recommendations to the Council. Councilman Metts
expressed the opinion that the Council should engage the services of the
Heard firm which was recommended by the Committee.
Councilman Welch spoke in support of his motion and urged the Council IS
support.
Councilwoman Spurlock spoke against the motion and in support of
Councilman Mett's argument in favor of the Heard firm.
Councilman Garvin spoke in support of Councilman Scoma's premise, not to
change tax collection firms.
Councilman Sibbet spoke in favor of the motion to hire the McCreary firm.
Mayor Pro Tern Davis spoke in favor of the motion. Mayor Pro Tern Davis
thanked the committee for its work but stated that the fact the McCreary
firm would open an office in the City had convinced him that the McCreary
firm should be hired.
July 10, 1989
Page 5
Councilman Welch spoke again urging support of his motion.
The Mayor called upon those persons in the audience who had expressed a
desire to speak on the agenda item.
Mr. Taylor Gandy appeared before the Council.
Mr. Gandy spoke as local general counsel for Heard, Goggan, Blair &
Williams.
Mr. H.G. Wells appeared before the Council.
Mr. Wells spoke as a local attorney for Heard, Goggan, Blair & Williams.
Mr. Wayne Rhone appeared before the Council.
Mr. Rhone introduced his staff. Mr. Rhone expressed a desire to continue
his appointment as tax collection attorney.
Mr. Mike Brinkley appeared before the Council.
Mr. Brinkley spoke as local representative of the McCreary firm and spoke
in favor of Councilman Welch's motion.
Mr. Dan Echols appeared before the Council.
Mr. Echols spoke pointed out what he felt to be the excellent record of
the Rhone firm.
Councilman Scoma spoke concerning the Rhone firmls collection percentages.
Motion failed by 4-3; Councilmen Garvin, Scoma and Metts and Councilwoman
Spurlock voting against and Councilmen Welch, and Sibbet, Mayor Pro Tern
Davis voting for.
Councilman Scoma moved, seconded by Councilman Garvin, for the City to
enter into the contract with the Wayne Rhone firm as tax collection
attorneys.
Motion carried 4-3; Councilmen Garvin, Scoma and Sibbet and Mayor Pro Tern
Davis voting for, and Councilmen Metts and Welch and Councilwoman Spurlock
voting against.
RECESS
Mayor Brown called a recess.
BACK TO ORDER
Mayor Brown called the meeting back to order with the same members present.
July 10, 1989
Page 6
12.
GN 89-87 AMENDMENT TO ORDINANCE NO. 1539, ESTABLISHING
TEEN COURT ORDINANCE ADVISORY BOARD -
ORDINANCE NO. 1614
POSTPONED
Councilwoman Spurlock moved, seconded by Mayor Pro Tern Davis, to postpone
GN 89-87, Ordinance No. 1614, until the July 24th City Council Meeting.
There were several changes the Council wanted made to the ordinance.
Judge Thorn advised he would meet with the Advisory Board and would be
ready to present the ordinance at the July 24th Meeting with the changes.
Motion carried 7-0.
*13.
GN 89-88 APPROVE REENGAGEMENT OF PEAT MARWICK MAIN & CO.
AS AUDITORS FOR FISCAL YEARS 1988/89, 1989/90 & 1990/91
APPROVED
*14.
GN 89-89 CONSIDERATION OF REJECTION OF BIDS FOR
MAINTENANCE FACILITY AT IRON HORSE GOLF COURSE
APPROVED
*15.
GN 89-90 AWARD OF BIDS: IRON HORSE GOLF COURSE EQUIPMENT
APPROVED
16.
GN 89-91 AWARD OF CONTRACT FOR GRASS SPRIGGING
ON IRON HORSE GOLF COURSE
APPROVED
Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to award the
contract to Quality Turf for grass sprigging in the amount of $85,860.
Motion carried 7-0.
Mayor Pro Tern Davis moved, seconded by Councilman Metts, to reject the bid
of $220,805 from Brown & Harris, Inc. for final grading.
Motion carried 7-0.
Mayor Pro Tern Davis moved, seconded by Councilman Metts, to authorize the
City Manager to execute a contract with RSL for final grading at a cost of
$1,500 per day, not to exceed 40 days.
Motion carried 7-0.
July 10, 1989
Page 7
*17.
PU 89-16 AUTHORIZE "OPEN SPOT MARKET" PURCHASING FOR
ASPHALT, OIL, AND GASOLINE FOR A PERIOD OF ONE YEAR
APPROVED
18.
CITIZENS PRESENTATION
MR. RALPH THRASHER
6702 STARNES RD.
RE: HOMESTEAD EXEMPTION FOR OVER 65
Mr. Ralph Thrasher, 6702 Starnes Road, appeared before the Council.
Mr. Thrasher asked the Council to consider an increase in the tax
exemption for persons age 65 and older and/or disabled in the 1989/90
budget.
Councilman Welch asked what the exemption was presently.
Mr. Thrasher stated $25,000 for 65 and older.
Councilman Garvin advised Mr. Thrasher the exemption situation would be
looked at in August at the budget work session.
Councilman Scoma advised Mr. Thrasher that legislation was recently passed
to try and benefit those 65 and older in the terms of payments that could
be made on property taxes now.
Mr. Thrasher advised he did not feel payments would help anyone.
Mayor Brown stated he wanted to remind everyone that there would be an
auction Saturday at 10:00 a.m. at North Hills Mall for the Bleeker twins
of Keller.
Mr. Dan Echols, 5016 Nevada, appeared before the Council.
Mr. Echols advised that the Council was going to have to do a lot of
concentration at the budget work session. Mr. Echols stated he had
repeatedly heard that there would be a tax increase. Mr. Echols stated
that Mr. Thrasher had pointed out a problem that existed not only for the
older people but for the young people as well. Mr. Echols stated that
when the economy was weak it was not the time to raise taxes if it could
be helped.
Councilman Scoma stated he would like to assure Mr. Echols that this
Council was not looking at a tax increase unless it was an absolute
unavoidable necessity to save the citizens funds or costs on the other
side. Councilman Scoma stated every effort was being made to try and
evaluate as much as possible the individual departments as far as
July 10, 1989
Page 8
expenditures and services and what type of operation could be availed to
reduce expenses.
Mr. Echols stated he realized the position the Council was in.
Ms. Myrtis Byrd, Hialeah Court, appeared before the Council.
Ms. Byrd asked that the Council not raise taxes unless it was an absolute
necessity. Ms. Byrd also asked about the high grass along the highways
being cut.
Councilman Garvin stated that Mr. Line had checked with the State Highway
Department on the grass being cut. Councilman Garvin stated that they
used the excuse they were behind because of the rain. Councilman Garvin
stated they had been assured that within the next two weeks Davis
Boulevard would be cut.
19.
ADJOURNMENT
Mayor Pro Tern Davis moved, seconded by Councilman Metts, to adjourn the
meeting.
Motion carried 7-0.
ATTEST:
~~Æ- ~~
C· y Secretary