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HomeMy WebLinkAboutCC 1989-08-28 Minutes Present: ITEM PRESENTATION OF PROPOSED TAX RATE INCREASE AND SUMMARY OF CHANGES IN PROPOSED 1989/90 BUDGET NOTES ON PRE-COUNCIL MEETING AUGUST 28, 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 Patricia Hutson Rex McEntire Lee Maness Kevin Miller John Johnston Bob Mi 11 er Donna Heishman George Tucker Pam Burney Bobbie McCorkle Richard Albin Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Councilwoman City Manager Deputy City Manager Assistant City Manager Assistant City Secretary Attorney for the City Finance Director Assistant Director - Utilities Assistant Director - Public Works Economic Development Director Budget Director Management Services Director Environmental Services Director Court Administrator City Engi neer Absent: Jeanette Rewis City Secretary DISCUSSION ASSIGNMENT Mr. Line stated that the figures for the Staff As assigned. Prepare for work session at 6:00 p.m. September 1st. decisions that Council made at the Granbury Work Session had been further refined and resulted in a proposed tax rate of $0.50493. Councilman Scoma presented to the Council a list of recommendations regarding the proposed budget that he would like to discuss at the Council Meeting. It was the consensus of the Council to hold a work session after Staff had analyzed the recommendations. ITEM ESTABLISHING COURT OF RECORD - ORDINANCE NO. 1622 AND CALLING ELECTION TO DETERMINE METHOD OF SELECTION FOR JUDGE OF MUNICIPAL COURT OF RECORD - ORDINANCE NO. 1623 RECONSIDERATION OF ORDINANCE NO. 1619 Pre-Council Minutes 8/28/89 Page 2 DISCUSSION ACTION TAKEN Councilman Welch asked if there was any way Dennis Follow up. to prevent the City from turning itself into a speed trap. Councilman Scoma asked what the down sides to the ordinance were. Mr. McEntire stated there would be a period of time to get the ordinance into operation and there would be some procedural problems. Councilman Scoma asked if it would cost more for legal expenses. Mr. McEntire stated it would cost more but there would be an increase in revenues. Councilwoman Spurlock stated she would like the wording changed in Section 6, Method 2 to "Election by the Voters of North Richland Hills". Mr. McEntire suggested that the effective date be changed to January 1, 1990. Mr. McEntire explained to the Council NAN why the ordinance needed to be reconsidered. Mr. McEntire stated that Councilman Metts had agreed to make the motion for reconsideration and that the applicant had agreed to comply with the ten percent landscaping requirements. Mayor Pro Tem Davis stated he did not feel that it was a scribblers error and recommended that ITEM CHILD CARE ORDINANCE - - ORDINANCE NO. 1617 REQUEST OF ARAPAHO EAST, INC. FOR REPLAT OF LOTS 1r, 3 & 4, BLOCK 35 HOLIDAY NORTH - ADDITION Pre-Council Minutes 8/28/89 Page 3 DISCUSS ION Council send it back to the Planning and Zoning Commission. Mayor Pro Tem Davis stated that the applicant furnished the incorrect metes and bounds description. Councilmen Garvin and Metts stated they were of the understanding that the applicant was only rezoning the back part of the lot. Ms. Burney stated that at Council IS request the stipulation regarding residential family homes had been added. Council discussed the traffic problems on Holiday Lane and the impact this would have on the traffic. Mayor Pro Tem Davis stated that when the High School replatted the property the existing Lewis Drive was to be vacated and relocated to the north. Mayor Pro Tem Davis stated that the City only agreed to participate with the signalization. Staff was directed to research the minutes and discuss the matter with the school. Councilman Scoma asked that when Arapaho East platted the property that the substation be surrounded with a brick wall. Mr. McEntire ACTION TAKEN NAN C.A. Discuss brick fence with Duane Freeman. J. McGlasson Note request regarding traffic control. Pre-Council Minutes 8/28/89 Page 4 ITEM DISCUSSION ACTION TAKEN explained that the City could not require them to erect a brick wall. Councilman Garvin asked about having a traffic officer at Lewis and Holiday Lane during peak traffic hours. GIVING CREDIT ON Mayor Pro Tem Davis stated he felt the ASSESSMENT ORDINANCE NO. 1357 - the property owner should be required to ORDINANCE NO. 1624 Dennis Fo 11 ow up. plat the property into a single lot. AWARD OF BID ON SMITHFIELD ROAD PAVING & DRAINAGE IMPROVEMENTS Councilman Scoma asked Mr. Albin his NAN opinion on concrete and asphalt in terms of long term maintenance and serviceability. Mr. Albin stated asphalt had a life expectancy of ten years and concrete had a life expectancy of twenty years. Mayor Pro Tem Davis stated he would prefer that the road be built of asphalt and the cost savings could be used elsewhere. Mr. Horvath stated that Staff requested that Council postpone Item No. 22 until the September 11th meeting. EXPIRATION OF TERMS Council was to submit their list of 'OR BOARDS/ COMMISSIONS MEMBERS recommendations to the City Secretary to be Jeanette Please note. ITEM DEMOLITION OF BUILDING ON LOLA AWARD OF CONTRACT FOR CONSTRUCTION OF IRON HORSE MAINTENANCE/CART STORAGE BUILDING Pre-Council Minutes 8/28/89 Page 5 DISCUSSION placed on the September 25th meeting. Mr. McEntire briefed the Council on the events that had taken place since the August 14th Council Meeting. Mayor Pro Tem Davis stated this came in over budget but the Ad Hoc Committee had revised the budget to stay within the total budget. Mayor Pro Tem Davis stated the Ad Hoc Committee was recommending approval. ITEMS ON CONSENT None AGENDA NOT ON ?RE -COUNC IL WORK SESSION OTHER ITEMS Mayor Brown stated there would be a work session on the budget on September 1, 1989 at 6:00 p.m. Mr. Kevin Miller introduced Mr. John Johnston, the new Assistant Director - Public Works to the City Council. ACTION TAKEN Rex/Dennis Please follow up. NAN Staff Note NAN 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 - AUGUST 28, 1989 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order August 28, 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 Patricia Hutson Rex McEntire Kevin Miller Absent: Jeanette Rewis 2. ROLL CALL Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Counc ilwoman City Manager Deputy City Manager Assistant City Manager Assistant City Secretary Attorney City Engineer City Secretary 3. INVOCATION Councilman Garvin gave the invocation. 4. MINUTES OF THE REGULAR MEETING AUGUST 14, 1989 APPROVED Councilman Metts stated that the vote on Page 4, Item No. 11 should be "Motion carried 4-3; Councilmen Scoma, Garvin, Sibbet and Metts voting for and Mayor Pro Tem Davis, Councilwoman Spurlock and Councilman Welch voting against". Councilman Metts moved, seconded by Councilman Scoma, to approve the minutes of the August 14, 1989 Meeting as corrected. Motion carried 7-0. August 28, 1989 Page 2 5. PRESENTATIONS BY BOARDS & COMMISSIONS A. BEAUTIFICATION COMMISSION MINUTES None 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Garvin removed Item No. 22 from the Consent Agenda. 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (13, 14, 15, 18, 19, 20, & 23) APPROVED Councilman Garvin moved, seconded by Councilman Metts, to approve the Consent Agenda. Motion carried 7-0. 8. PRESENTATION OF PROCLAMATION TO RICHLAND YOUTH ASSOCIATION Mayor Brown presented a proclamation to Richland Youth Association in appreciation of their volunteer work. Ms. Sharon Battles, Park and Recreation Board Member, on behalf of the Park and Recreation Board, presented a plaque to Richland Youth Association. Councilman Garvin stated one of the attributes to the success of the City's system was the volunteer service of RYA and other youth organizations that worked within the system. Councilman Garvin expressed his appreciation for their service to the City. 9. SPECIAL PRESENTATION OF "YARD OF THE MONTH AWARDS II Ms. Kathy Robinson, Chairman, Beautification Committee, presented the following "Yard of the Month Awards" for the month of August: Mr. and Mrs. Bill Boyd, 5800 Shamrock; Mr. and Mrs. Kenneth Meek, 8441 Main; Mr. and Mrs. William Rhue, 5732 Bermuda; Mr. and Mrs. Jim Curtis, 4648 Ridgeside; and Mr. and Mrs. Derek Sidwell, 7516 Woodhaven. 10. PZ 89-12 RECONSIDERATION OF ORDINANCE NO. 1619 (REQUEST OF MARY EDITH EDDLEMAN TO REZONE A PORTION OF LOT 7, BLOCK 4, NORTH RICHLAND HILLS ADDITION, FROM C-2 COMMERCIAL TO C-2-SU COMMERCIAL SPECIFIC USE-SALE OF USED AUTOS - LOCATED AT 7141 GRAPEVINE HIGHWAY) APPROVED August 28, 1989 Page 3 Councilman Metts moved, seconded by Councilman Garvin, to reconsider Ordinance No. 1619. Councilman Metts stated he was bringing the ordinance back up for reconsideration based on input from the Attorney for the City that there was an error on the City's part and the applicant's intent was to zone only the back half for specific-use. Mr. Metts stated they had also agreed to the landscaping requirements. Motion carried 5-2; Councilwoman Spurlock, Councilmen Garvin, Metts, Sibbet and Scoma voting for and Mayor Pro Tem Davis and Councilman Welch voting against. Councilman Garvin moved, seconded by Councilman Metts, to approve Ordinance No. 1619 with the proper description. Mayor Pro Tem Davis stated he felt this would be spot zoning. Mayor Pro Tem Davis stated he did not feel it was an error and that it should be sent back to the Planning and Zoning Commission for further consideration. Councilman Garvin stated he had a difference of opinion. Councilman Garvin stated it was clear to him that the zoning was for the back half of the lot and he felt that most of Council understood it that way. Councilwoman Spurlock stated she agreed that the request should be sent back to the Planning and Zoning Commission because the people who spoke at the last Council Meeting did not plan on meeting the specifications of the landscaping requirements. Councilwoman Spurlock stated she would like for the landscaping to be shown on the plans before it was submitted to Council . Councilman Welch stated he would also like to see it sent back to the Planning and Zoning Commission for their approval. Councilman Scoma stated as he recalled Council previously determined that the ten percent landscaping requirement did apply to the property and was enforceable. Councilman Scoma stated he was not in favor of sending it back to the Planning and Zoning Commission on a technicality. Mr. Kirby Eddleman, applicant, appeared before the Council. Mr. Eddleman stated this property was zoned in 1972. Mr. Eddleman stated he did not know why he had to have the property rezoned. Mr. Eddleman stated the greenery currently on the property met the landscaping requirements. Mr. Eddleman stated he thought he would plat the property while zoning it. Mr. Eddleman stated he had received a list of thirteen items that must be met prior to the plat being approved. Mr. Eddleman stated he felt the City was requiring too much. Mayor Pro Tem Davis explained to Mr. Eddleman why he had to rezone the property. Mayor Pro Tem Davis stated that the thirteen items that Mr. Eddlemanls engineer did not do was required by City Ordinance and that his engineer should have a copy of the City's ordinance in his files. August 28, 1989 Page 4 Councilman Garvin stated he did not appreciate Mr. Eddleman berating the Council on another issue when Council was reconsidering the rezoning for his benefit. Councilman Garvin stated the platting requirements were required in the City's ordinance. Councilman Scoma asked Mr. Eddleman what his understanding was of his landscaping requirements. Mr. Eddleman stated ten percent. Councilman Scoma asked Mr. Eddleman what he meant by the statement that he already met the ten percent landscaping requirements. Mr. Eddleman stated that he had a greenbelt that consisted of grass and flowers. Motion carried 4-3; Councilmen Metts, Garvin, Sibbet and Scoma voting for and Mayor Pro Tem Davis, Councilman Welch and Councilwoman Spurlock voting against. 11. PZ 89-13 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF B.H. & L. JOINT VENTURE TO REZONE TRACTS 7A6 & 7A, S. RICHARDSON SURVEY, ABSTRACT 1266, FROM OC OUTDOOR COMMERCIAL AND AG AGRICULTURE TO R-1 SINGLE FAMILY (LOCATED EAST OF DAVIS BOULEVARD AND NORTH OF TIMBER DRIVE) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to please come forward. Mr. Doug Long, representing the applicant, appeared before the Council. Mr. Long stated that this tract of land consisted of 38.8 acres and was adjacent to a 52 acre tract of land that Mr. Barfield also owned. Mr. Long stated the two tracts would be joined together to make a 91 acre subdivision called Thorn Bridge. Mr. Long requested that Council approve the R-1 Zoning. Mr. Long stated that the adjoining R-3 Zoning would be deed restricted. Mayor Brown called for anyone wishing to speak in opposition to please come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 12. ORDINANCE NO. 1621 APPROVED Councilman Garvin moved, seconded by Mayor Pro Tem Davis, to approve Ordinance No. 1621. Augus t 28, 1989 Page 5 Councilman Scoma asked if they would have any objections to side and rear parking. Mr. Long stated he would object, that he did not know what his client's feelings would be. Mr. Long stated they had asked for the highest and best use the City had. Motion carried 7-0. *13. PS 89-11 REQUEST OF GARY W. DENNY TO REPLAT LOT 8R, BLOCK 23, KINGSWOOD ESTATES (LOCATED AT THE END OF ACTS COURT NORTH OF STARNES ROAD) APPROVED *14. PS 89-12 REQUEST OF ARAPAHO EAST, INC. FOR REPLAT OF LOTS 1R, 3 & 4, BLOCK 35, HOLIDAY NORTH ADDITION (LOCATED ON THE EAST SIDE OF HOLIDAY LANE NORTH OF IH 820) APPROVED *15. GN 89-92 CHILD CARE ORDINANCE - ORDINANCE NO. 1617 APPROVED 16. GN 89-99 ESTABLISHING COURT OF RECORD - ORDINANCE NO. 1622 APPROVED Mayor Pro Tem Davis moved, seconded by Councilman Garvin, to approve Ordinance No. 1622 with the following correction: Section 6 - "The Municipal Court of this City shall become a Court of Record from and after the fi rs t day of January, 1990". Motion carried 6-1; Mayor Pro Tem Davis, Councilwoman Spurlock, Councilmen Metts, Garvin, Sibbet and Scoma voting for, and Councilman Welch voting against. 17. GN 89-100 CALLING ELECTION TO DETERMINE METHOD OF SELECTION FOR JUDGE OF MUNICIPAL COURT OF RECORD - ORDINANCE NO. 1623 APPROVED Councilwoman Spurlock moved, seconded by Mayor Pro Tem Davis, to approve Ordinance No. 1623 with the following change in the wording of the ballot: "Method 2: Election by the voters of the City of North Richland Hills at the General City Election". Motion carried 7-0. August 28, 1989 Page 6 *18. GN 89-101 APPOINTMENT TO LIBRARY BOARD APPROVED *19. GN 89-102 GIVING CREDIT ON ASSESSMENT ORDINANCE NO. 1537 - ORDINANCE NO. 1624 APPROVED *20. GN 89-103 AWARD OF CONTRACT FOR CONSTRUCTION OF IRON HORSE MAINTENANCE/CART STORAGE BUILDING APPROVED 21. GN 89-104 PRESENTATION OF PROPOSED TAX RATE APPROVED Mr. Line stated that the proposed tax rate had been calculated more precisely than when the agenda was prepared. Mr. Line stated the staff was recommending that the tax rate be set at $0.50493 and that the public hearing be called for that amount. Mayor Pro Tem Davis moved, seconded by Councilman Garvin, to set the public hearing on the budget and tax rate for September 11, 1989 and approve publication of the notice of intent to set a tax rate of $0.50493. Councilman Scoma stated that Council was establishing the maximum tax rate that would be considered. Councilman Scoma stated there were efforts and he was proposing that Council consider some items that would reduce the tax rate significantly. Councilman Scoma stated these issues would be evaluated with the staff and Council. Councilman Scoma stated Council wanted to maintain as low a tax rate as possible and still offer quality services. Councilman Scoma stated he was not in favor of the tax rate being proposed. Councilman Garvin stated there was not a Council Person that was not interested in keeping the tax rate as low as possible. Councilman Garvin stated each of the Council had that interest in mind. Motion carried 5-2; Mayor Pro Tem Davis, Councilwoman Spurlock, Councilmen Metts, Garvin and Sibbet voting for and Councilmen Welch and Scoma voting against. 22. PW 89-32 AWARD OF BID ON MISCELLANEOUS SLURRY SEAL OVERLAY STREET IMPROVEMENTS FOR 1989 POSTPONED Councilman Garvin moved, seconded by Councilwoman Spurlock, to postpone PW 89-32 until the September 11, 1989 meeting. Motion carried 7-0. Augus t 28, 1989 Page 7 *23. PW 89-33 AWARD OF BID ON SMITHFIELD ROAD PAVING & DRAINAGE IMPROVEMENTS APPROVED 24. CITIZENS PRESENTATION 1) MR. CHARLES L. BUSBY (REPRESENTING AARP) 4621 CATCHIN RE: GLENVIEW FACILITY Mr. Busby was not present. Mr. Marlin Miller, 5109 Susan Lee Lane, President of AARP North Richland Hills Chapter 3960, appeared before the Council. Mr. Miller stated he was before the Council in regards to the future of the Community Center on Glenview Drive. Mr. Miller stated that the Fire Department would soon be moving out and he understood that there were plans in the making for the building. Mr. Miller stated that his AARP chapter as well as the senior citizens, would like to see it made into a Senior Citizens Center. Mr. Miller stated that they had the ability, through their bylaws, to obtain a grant to help the City with the project. Mr. Miller stated they presently met at the Park and Recreation Center. Mr. Miller briefed the Council on a facility in Nebraska that he had visited. Mr. Miller stated they felt a Senior Citizens Center was needed on the south end of the City. Mayor Pro Tem Davis stated he appreciated the activities in which his group was involved. Mayor Pro Tem Davis stated that the Council had been discussing what the City was going to do with the facility since the 1985 Bond Election. Mayor Pro Tem Davis asked Mr. Miller where he would apply for the grants. Mr. Miller stated the grants were available through AARP. Councilman Sibbet asked Mr. Miller to obtain more information on the financing of the Nebraska facility. Councilman Scoma stated the Council would be evaluating other uses for the facility. Councilman Scoma asked Mr. Miller to use his peoplels talents to provide input on how the facilities could be used, how it could be accomplished, the cost, etc. Mr. Miller expressed his thanks to the Parks and Recreation Staff. Mr. Charles Cole, 6125 Riveria, appeared before the Council. Mr. Cole asked the Council to consider passing an ordinance that would prohibit solicitation by attaching materials to the front door. Mr. Cole stated that the people who lived on Riveria on the lakeside were concerned with the increasing number of people who did not belong on that side of August 28, 1989 Page 8 the lake. Mr. Cole stated he would appreciate whatever could be done by the City in discussing with the developer what protection could be given to those that reside on the lakeside. Mr. Cole stated that the traffic backed up at the west exit on Rufe Snow at 5:00 p.m. Mr. Cole suggested that the exit be moved back towards Holiday Lane with the help of the State. Mayor Pro Tem Davis stated the City had already requested that from the State. Mr. Cole requested that a neighborhood watch program be initiated in the City. Mayor Pro Tem Davis stated that the City already had neighborhood watch programs. Mr. Line stated Officer Wilkins, who was in charge of the program, would contact him. Mr. Cole stated he noticed that Laidlaw was planning to raise the garbage pick-up rates. Mr. Cole recommended that the area cities join together and all contracts go into effect and expire at the same time. Mr. Line stated that the City was currently discussing this with the other cities. Councilman Scoma stated the City did have a committee that was evaluating the garbage fees and contract. Mr. Ralph Thrasher appeared before the Council. Mr. Thrasher asked if the proposed budget had an increase for homestead exemptions. Mayor Brown stated no. 25. ADJOURNMENT Mayor Pro Tem Davis moved, seconded by Councilman Metts, to adjourn the meeting. Motion carried 7-0. ATTEST: '\ .') cM~~~{e~!;~.' éuu~ ! , .I.- ~ "Mayor ~