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HomeMy WebLinkAboutCC 1988-01-11 Minutes Present: ITEM '~ODI FICATION OF _~CREATION CENTER FtES AND CHARGES EXEMPTIONS FROM NONRESIDENT LIBRARY CARD FEES ~ NOTES ON PRE-COUNCIL MEETING JANUARY 11, 198~ Dan Echols Mack Garvin Marie Hinkle Jim Ramsey Linda Spurlock Rodger Line Dennis Horvath Rex McEntire Lee Maness John Whitney Richard Albin Greg Dickens Richard Royston Absent: Dick Fisher Richard Davis Virginia Moody Gene Riddle Mayor Councilman Councilwoman Councilman Counci lwoman City Manager Assistant City Manager Attorney Finance Director Support Services Director City Engineer Asst. Public Works Director Planning/Development Dir. Mayor Pro Tem Councilman Councilwoman Public Works Director DISCUSSION ASSIGNMENT Don Tipps and other members of the Dave Petika Implement new fee structure Parks and Recreation Board justified their recommendation for a $25 nonresident fee. They also explained to the Council what it meant by "prime time" free play. Mayor Echols asked the Council to hold this request in obeyance until April, however it was decided it would be voted on in open Council Meeting. Councilman Garvin lead the discussion Arlita Hallam Forward to Library Board for Recommenda- tion regarding exempting teachers in the Birdville Independent School District from the nonresident fee for Library Cards. Councilman Ramsey and Mayor Echols agreed ITEM REQUEST OF CENTEX REAL ESTATE CORPORATION, INC. FOR FINAL PLAT OF EMBER OAKS SUBDIVISION DISCUSS ION that this could be taken further to include all teachers, not just those in the BISD. The staff was directed to present this information to the Library Board to obtain their recommendation, which will be forwarded to the City Council at a later time. Dick Perkins presented a final plat of the Emerald Oaks Subdivision. There were many questions from the Council and in particular the stubbing out of Woodland Drive. Mr. Perkins seemed unwilling to accept any compromise. It was decided that it would be voted on in open Council, and the compromise plan deleting the street "stub-out" was approved. ORDINANCE REQUIRING Councilwoman Spurlock requested that the BOARD MEMBERS TO VOTE RATHER THAN ordinance be changed from "affidavit" ABSTAINING APPROVAL OF RESOLUTION NO. 87-38 AND WRECKER CONTRACT TO ABC WRECKER to "statement". This was agreed to by the City Council. Councilman Garvin stated that he was satisfied with this contract. Page Two 1/11/88 Pre-Council ASSIGNMENT Richard Royston Follow up on changes made by City Council in the formal meeting Jeanette Rewis Please handle dissimination to dept. heads who serve as staff to Boards & Commissions NAN -îTEM WORKSHOP REMINDER DISCUSSION OF POSSIBLE WORK SESSION REGARDING 1988 GOALS AND OBJECTIVES "THER ITEMS DISCUSSION RNL reminded the Council of the Workshop to be held on January 19, 1988. RNL asked the Council for direction regarding the handling of the Goals and Objectives for 1988. It was determined that a summary of the various objectives would be mailed to the Council within the next week and a decision would be made at a later time, if a workshop is necessary. Councilman Ramsey distributed a letter from the Trinity Arts Council and commented on their excellent work in the City of North Richland Hills on behalf of the fine arts. He also encouraged the Council and staff to attend the various programs as outlined in the letter. Page Three 1/11/88 Pre-Council ASSIGNMENT NAN RNL Staff Note 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 - JANUARY 11, 1988 - 7:30 P.M. 1. CALL TO ORDER Mayor Echols called the meeting to order January 11, 1988, at 7:30 p.m. 2. ROLL CALL Present: Dan Echols Mayor Marie Hinkle Councilwoman Mack Garvin Councilman Jim Ramsey Councilman Linda Spurlock Councilwoman Staff: Rodger N. Line City Manager Dennis Horvath Assistant City Manager Jeanette Rewis City Secretary Rex McEntire Attorney Greg Dickens Assistant Public Works Director Lee Maness Finance Director Richard Royston Director of Planning Richard Albin City Engineer Members of the Press Absent: Dick Fisher Mayor Pro Tem Richard Davis Counci lman Virginia Moody Councilwoman Gene Riddle Public Works Director 3. INVOCATION Councilman Ramsey gave the invocation. 4. MINUTES OF THE REGULAR MEETING DECEMBER 21, 1987 APPROVED Councilman Ramsey moved, seconded by Councilwoman Spurlock, to approve the minutes with the exception of the motion on Item Number 25. A clarification of the wording is needed from Councilman Davis, who is absent. Motion carried 3-0; Councilwoman Hinkle abstaining due to absence from the meeting. January 11, 1988 Page 2 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None 6. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (9, 14, 15, 16 & 17) APPROVED Councilman Garvin moved, seconded by Councilman Ramsey, to approve the Consent Agenda. Motion carried 4-0. 7. PZ 87-25 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF LARRY AND PATRICIA ASHLEY TO REZONE TRACT AlA, JOHN MCCOMAS SURVEY, ABSTRACT 1040 FROM AG TO R-1 (LOCATED AT 7608 HEWITT DRIVE) Mayor Echols opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Larry Ashley, 7608 Hewitt, appeared before the Council. Mr. Ashley stated it was his intention to improve the property; therefore, it had to be rezoned before he could obtain a building permit. Mayor Echols called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak Mayor Echols closed the Public Hearing. 8. ORDINANCE NO. 1521 APPROVED Councilwoman Hinkle moved, seconded by Councilman Garvin, to approve Ordinance No. 1521. Motion carried 4-0. * 9. PS 87-42 REQUEST OF BURK COLLINS INVESTMENTS FOR REPLAT OF BLOCKS 2, 3, 5, 6 & 7, STONEYBROOKE SOUTH ADDITION (LOCATED ALONG ODELL STREET EAST OF DAVIS BOULEVARD) APPROVED January 11, 1988 Page 3 10. PS 87-47 REQUEST OF CENTEX REAL ESTATE CORPORATION, INC. FOR FINAL PLAT OF EMBER OAKS SUBDIVISION (PROPERTY IS LOCATED ON NORTH SIDE OF GREEN VALLEY DRIVE WEST OF DAVIS BOULEVARD) APPROVED Mr. Dick Perkins, Consulting Engineer, representing Centex Real Estate Corporation, appeared before the Council. Mr. Perkins stated he would like to discuss some of the concerns the Staff had regarding this plat. Mr. Perkins stated he had an agreement letter from the property owner to the north that they would not require any access to their property if it was ultimately developed as multi-family. Mr. Perkins stated another concern was that the letter would not cover future ownership of the property. Mr. Perkins advised that he would request that the City Attorney prepare a covenant to run with the land to cover future ownership. Mr. Perkins stated the developer of Ember Oaks would like to see the property to the north developed as single family. Mr. Perkins stated that because of the ordinance requirement regarding cul-de-sacs and the narrow dimension of the property, that without the access point, it would be physically impossible to build single family in that area. Mr. Perkins stated if it was possible to maintain the access shown on the plat, then this would permit circulation within that property. Mr. Perkins stated that if the Council denied this plat, they would be saying they were in favor of multi-family property in that location. Mr. Perkins stated that without the street it would have to be used for multi-family or some other use other than single family. Mr. Perkins stated that they were respectfully requesting that the plat be approved. Councilman Ramsey stated that the fact that the Council did not agree with the street cut did not mean they wanted multi-family. Councilman Ramsey stated by denying the plat the Council would be saying they wanted it to be like the preliminary plat. Councilman Ramsey stated that when the adjoining property owners requested residential, then the Council would be ready to discuss the street cut. Councilman Garvin stated he agreed with Councilman Ramsey that it was not the Council IS intent to support multi-family by denying the plat. Councilman Garvin stated that in Pre-Council an offer was made for a viable alternative and the Council asked Mr. Perkins if he had given any consideration to the alternative. Mr. Perkins stated that before the compromise was discussed he would like to ask if the Council would be agreeable to a private drive into the last lot, which could be converted into public access if the property went single family. Councilwoman Hinkle asked Mr. Perkins to explain what he meant by private drive. January 11, 1988 Page 4 Mr. Perkins stated the 50 foot right-of-way would be designated a private drive, as opposed to a public right-of-way. Mr. Perkins stated that a stipulation could be placed on the deed of the two lots stating that once the property to the north was developed as single family it would automatically revert to public right-of-way. Mr. McEntire asked Mr. Perkins if he had talked with E-Systems to see if they were contemplating zoning the property single family. Mr. Perkins stated that E-Systems was not a developer and the likelihood of the property being rezoned rested upon a party that would be interested in the property. Mayor Echols asked if the property owner could not put a private drive on his property. Mr. McEntire replied yes. Mr. Line stated that, from a technical point, a private drive would work if the Council thought that was a sufficient safeguard. Councilman Ramsey asked if the Council did not act on the plat tonight would it be automatically approved. Mr. McEntire stated the Council had thirty days from tonight to act on the plat. Mr. Perkins stated that if the Council was prepared to approve the plat, with the exception of Lot 22, Block 4, Lots 12 and 13, Block 8, and the developer build a temporary concrete bubble in that location, would be in the best interest of his client. Mr. Perkins stated his client had already taken bids on water, sewer and drainage on this project and it would be in his best interest to have the plat approved with further consideration being given to the replatting of the lots in question. Councilman Garvin moved, seconded by Councilwoman Hinkle, to approve PS 87-47, eliminating Lots 12 and 13, Block 8 and Lot 22, Block 4, Ember Oaks Subdivision, and the stub out shown on the final plat. Motion carried 4-0. 11. GN 88-01 ORDINANCE REQUIRING BOARD MEMBERS TO VOTE RATHER THAN ABSTAINING, ORDINANCE NO. 1519 APPROVED Mr. McEntire advised that in Section 2 of the proposed ordinance, "affidavit" would be substituted with "statement". Councilman Garvin moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 1519. Motion carried 4-0. January 11, 1988 Page 5 12. GN 88-02 MODIFICATION OF RECREATION CENTER FEES AND CHARGES APPROVED Mayor Echols presented the following information submitted by the Park and Recreation Board: "At the scheduled meeting of the Park and Recreation Board on November 23, 1987, the Board voted unanimously to recommend that City Council make two changes in the fees charged at the Recreation Center. The Park and Recreation Board recommended a fee of $25.00 per year fee for nonresidents, effective January 1, 1988 as opposed to the $5.00 fee established by Ordinance No. 1485, approved August 25, 1987. The Board also recommended that the single use fee of $1.00 only be available when the user is accompanied by a resident member! Councilwoman Hinkle moved, seconded by Councilman Garvin to approve GN 88-02. Councilman Ramsey stated that before a vote was taken on the motion he would like to make sure that it was in the record, as he understood, that the Council had given the City Manager the authority to change any of the fees, as he saw fit, until April 1st. Mr. Line stated that was correct with respect to the free use of the auditorium. Mr. Line stated he did not think that the discretionary authority allowed him to change a non-resident fee of $25 when the City Council ordinance stated $10. Mr. Line stated that if the Council wanted to give him the authority, it needed to be indicated with an ordinance that modified the present ordinance. Councilman Ramsey stated he would like for this to be placed on a Pre-Council Agenda for discussion because the City was in the infancy of trying to establish what was right for the facilities. Councilman Ramsey stated he felt that in the interim the City Manager needed the authority to operate without being bogged down by having to go through the Council. Mayor Echols stated a recommendation had also been made that the single use fee by an individual of $1.00 would only be available when the user was accompanied by a resident member. Mayor Echols asked if the motion was for the total recommendation. Councilwoman Hinkle stated the total recommendation was part of her motion. Councilman Garvin agreed. Motion carried 4-0. 13. GN 88-03 SETTING DATE FOR RUN-OFF ELECTIONS, RESOLUTION NO. 88-1 APPROVED *Corrected January 25, 1988: $40.00 per year per family. January 11, 1988 Page 6 Mayor Echols presented the following information: liThe new Texas Election Code had made numerous changes in the schedule for municipal governing body elections. The Code prescribes that run-off elections be held on either the last Saturday in Mayor the next to last Saturday in May. Since the Council makes this choice, the action must be pre-cleared by the U.S. Justice Department. By making the choice this early, we can probably get pre-clearance by May 7, 1988." Councilman Garvin moved, seconded by Councilwoman Hinkle, to approve Resolution No. 88-1 setting the date for run-off elections, if needed, for the last Saturday in May. Motion carried 4-0. *14. PU 88-01 FINAL PAYMENT TO CALVIN BAKER, TOM GILMORE, A JOINT VENTURE FOR PARK & RECREATION/LIBRARY COMPLEX IN THE AMOUNT OF $26,364. APPROVED *15. PU 88-02 APPROVE PURCHASE OF A DIGITAL CALL-CHECK EMERGENCY SYSTEM FROM HOUSTON-GALVESTON COUNCIL OF GOVERNMENTS - $6,864.56 APPROVED *16. PU 88-03 APPROVAL OF RESOLUTION NO. 87-38 AND WRECKER CONTRACT TO ABC WRECKER APPROVED *17. PU 88-04 PURCHASE OF RIGHT-OF-WAY FROM OSCAR OGGIER, TRUSTEE FOR THE PURPOSE OF CONSTRUCTING MARTIN ROAD APPROVED 18. CITIZENS PRESENTATIONS Mr. Burk Collins, 8251 Bedford Euless, appeared before the Council. Mr. Collins stated he wanted to give the Council an update on Havertyls. Mr. Collins stated he had closed the deal with Haverty's. Mr. Collins stated normal time to close should have been 60 days and it took seven months. Mr. Collins stated there was some unhappy people on Odell, but he wanted to assure the Council that his goals had not changed. Mr. Collins stated his intentions were to attempt to acquire the property on both the north and south side of Odell. Mr. Collins stated he was not abandoning his idea; that he was going to continue with his efforts. Mayor Echols advised Mr. Collins the Council appreciated his reassurance and felt it would make the people on Odell Street feel much better. January 11, 1988 Page 7 Councilman Ramsey stated that he felt this had been one of the most emotional issues that had come before the Council since had been on the Council. Councilman Ramsey stated he had empathy where Mr. Collins was coming from. Ms. Barbara Dutton, 8204 Odell, appeared before the Council. Ms. Dutton stated she had a contract from Mr. Collins to present to the Council. Ms. Dutton stated she was the second person to sign a contract with Mr. Collins. Ms. Dutton stated she would also like to present a check from Mr. Collins which was issued in the name of Doc and Barbara Dutton for $5,000. Ms. Dutton asked the Council to note the footnote on the check which indicated that by accepting this check the contract was null and void. Ms. Dutton stated she would also like to say that she was presenting the check back to Mr. Collins and not accepting it because he had a binding contract with her which she expected him to honor. Councilman Ramsey called for point of order. Mayor Echols stated he felt that what the Council needed to do was ask that Ms. Dutton work directly with Mr. Collins. Mayor Echols stated he felt this was a matter between these two parties. Ms. Dutton stated she would also like to say that her contract expired in mid-November and she talked to Mr. Collins by phone and Mr. Collins asked that they stick with him. Ms. Dutton stated that Mr. Collins advised her he had some problems and would close with her within thirty days. Ms. Dutton stated that thirty days went by and Mr. Dutton spoke with Mr. Collins in December and Mr. Collins advised that he was closing with Haverty's the next day and if they would wait until after the holidays he would get back with them. Ms. Dutton stated Mr. Collins never called. Councilman Ramsey stated the Council had a rule that they had to listen to anything for three minutes but felt this was out of the realm of discipline. Councilwoman Hinkle stated she was in real estate for twenty years and understood the frustrations. Councilwoman Hinkle stated she also understood Mr. Collins problems because it was hard to go to the bank and get loans. Ms. Dutton stated Mr. Collins managed to purchase several pieces of property below her and obtain contracts after he had talked with her. Councilwoman Hinkle stated she would suggest that communications continue between the two parties. Ms. Dutton advised they intended to hire an attorney and put an injunction against Haverty's. Mayor Echols advised Ms. Dutton she had her legal recourse. January 11, 1988 Page 8 19. ADJOURNMENT Councilman Ramsey moved, seconded by Councilman Garvin, to adjourn the meeting. Motion carried 4-0. ~~ Mayor ATTEST: ~4«dt:; t.uJ~ Cit Secretary ,