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 ,