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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