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HomeMy WebLinkAboutCC 1988-05-09 Minutes Present: TTEM ~INTRODUCTION OF NEW STAFF MEMBERS 'RESENTATION OF 1986-87 FINANCIAL STATEMENTS NOTES ON PRE-COUNCIL MEETING MA Y 9, 1988 Dan Echols Dick Fisher Richard Davis Mack Garvin Marie Hinkle Virginia Moody Jim Ramsey Linda Spurlock Rodger Line Dennis Horvath Jeanette Rewis Rex McEntire Charles Thorne Lee Maness Greg Dickens C.A. Sanford John Whitney Stan Gertz Jerry McGlasson Richard Albin Mayor Mayor Pro Tem Councilman Counci lman Councilwoman Councilwoman Councilman Councilwoman City Manager Senior Assistant City Manager City Secretary Attorney Judge Finance Director Public Works Director Economic Development Director Support Services Director Fire Chief Police Chief City Engineer DISCUSSION ASSIGNMENT Dennis Horvath presented the following new staff members: Mark Bradley (Right-of-Way Agent), Pam Burney (Environmental Services Director), Kane Kelly (Management Information Services Director), Kevin Miller (Assistant Public Works Director) and Danny Taylor - Community Development Director. Councilman Davis advised that on page 2 of the April 25, 1988 Pre Council Minutes should Jeanette Please note be corrected to state Davis and North Richland Boulevard. RNL introduced Mr. Clyde Womack and Mr. Jake Murrah of Peat Marwick Main and Co. NAN 1TEM LANDSCAPING AND CHRISTMAS DECORATION Page Two 5/9/88 Pre-Council DISCUSSION ASSIGNMENT Councilwoman Hinkle presented the proposal John Whitney/RNL Follow up on new, scaled down proposal per Councilwoman Spurlock's request on the Christmas Decorations. Councilwoman Hinkle stated she realized all of the items could not be purchased at this time and asked for the Council IS direction on what to do. Councilwoman Spurlock advised that a Christmas tree could not be planted at the Park & Recreation Center because of the chemical in the asphalt. Mayor Pro Tem Fisher stated he would prefer to forego the living tree and lights at City Hall and obtain lights for the Library and Recreation Center only. Councilman Ramsey stated the businesses in the City could be asked for donations to help toward the purchase of the decorations. Councilwoman Spurlock stated the figures had been reduced on the landscaping because of the reduction of the area planned for the City Hall. Councilwoman Spurlock stated she would like to have the sprinkler system put in and do the landscaping at the new Fire Station and City Hall. Mr. Line advised that maybe the Council should set a budget for the requested funds and take bids. Councilman Davis asked if the Park Maintenance could take care of the grounds or help do the landscaping. Mr. Line Page Three 5/9/88 Pre-Council TEM DISCUSS ION ASSIGNMENT stated that the Park Department was understaffed and would be unable to do it. Councilman Ramsey stated he felt the City should be careful on spending funds; budgets had already been cut five percent. Councilman Davis stated that since the budget had been cut, he did not feel that appropriation of funds should be done at this time. Mayor Echols stated he felt that something should be done around the Police and Fire Station. Mr. Line advised that money was included in the Fire Protection Bond Election for landscaping. Councilman Garvin stated he felt the Christmas lights should be obtained and table the landscaping until the budget worksession. Mr. Line stated he would like for consideration to be given to putting in the sprinkler system. DRAINAGE FACILITIES IN CARSTON COURT Mr. Line stated the stipulations placed on this plat when approved were that the Greg/C.A./RNL Follow up developer build a concrete wall along the west line of Lots 10, 11, and 12, drop inlets be built along the west wall along with underground storm sewer, an underground storm sewer with drop inlets be built along the south line of Lots 8 and 9, and design changes Page Four 5/9/88 Pre-Council TEM DISCUSSION ASSIGNMENT be approved by the City Engineer. Mr. Line advised the developer wanted to substitute an alternative drainage plan and not have to comply with these stipulations. Councilman Davis gave the Council background information on the project. Mayor Echols advised he felt the developer should comply with the stipulations. Mr George Tucker, Planning and Zoning Member, stated the owners were not made aware of the stipulations. (Note: It was subsequently ascertained that one of the owners was aware of the stipulations). Councilman Davis stated that the developer could request above ground drainage and the Staff could bring it back to the Council. Councilman Davis stated that unless a formal request was made he felt they should comply with the stipulations. TEEN COURT Mr. McEntire advised this item should be tabled until names could be supplied. Jeanette Agenda item on 5/23/88 Councilman Garvin stated he would like to appoint Anthony Scoma as one of the participants and that he would contact Mr. Scoma. Mayor Echols advised he would serve as one of the Board Members. TEM IMPOSING GROSS RECEIPTS TAX ON BINGO APPROVE PURCHASE OF PROPERTY FROM CARL A WATERS FOR THE PURPOSE OF CONSTRUCTI NG MACKEY CREEK IMPROVEMENTS, PHASE II Page Five 5/9/88 Pre-Council DISCUSSION ASSIGNMENT Mr. McEntire advised that a gentleman wanted NAN to put a bingo hall in and this ordinance would allow the City to collect two percent of the gross receipts tax on bingo games. No questions. POSSIBLE WORK None. SESSION OTHER ITEMS Councilman Ramsey asked that the presentation of the plaques to the outgoing Council be done right after the minutes were approved and requested that Mr. Line present his plaque. Mayor Echols and Councilwoman Moody also asked that Mr. Line present their plaques. NAN 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 - MAY 9, 1988 - 7:30 P.M. 1. CALL TO ORDER Mayor Echols called the meeting to order May 9, 1988, at 7:30 p.m. Present: Dan Echols Dick Fisher Richard Davis Marie Hinkle Mack Garvin Virginia Moody Jim Ramsey Linda Spurlock Staff: Rodger N. Line Dennis Horvath Jeanette Rewis Rex McEntire Richard Albin 2. ROLL CALL Mayor Mayor Pro Tem Councilman Councilwoman Councilman Councilwoman Councilman Councilwoman City Manager Assistant City Manager City Secretary Attorney City Engineer 3. INVOCATION Mayor Echols gave the invocation. 4. MINUTES OF THE REGULAR MEETING APRIL 25, 1988 APPROVED Mayor Pro Tem Fisher moved, seconded by Councilwoman Moody, to approve the minutes of the April 25, 1988 meeting. Motion carried 6-0; Councilwoman Hinkle abstaining due to absence from the meeting. Councilman Davis asked for Point-of-Privilege. Councilman Davis asked that the plaques for the outgoing Council Members be moved to this point in the Agenda. Mr. Line, City Manager, presented Mayor Echols, Councilman Ramsey and Councilwoman Moody with a plaque for their faithful years of service on the Counc il . May 9, 1988 Page 2 5. GN 88-31 CANVASSING MUNICIPAL ELECTION - RESOLUTION NO. 88-13 APPROVED Mayor Echols presented the following resolution: "WHEREAS, an Election was duly held in the City of North Richland Hills, Texas, on the 7th day of May, 1988 to elect a Mayor and Council Places 2, 4, and 6; and WHEREAS, the Mayor and City Council duly canvassed the votes of said election on this the 9th day of May, 1988; and WHEREAS, the canvass showed the following results: Candidates Office Total Mayor 679 773 Counci 1 Place 2 1,073 251 Counc il Place 4 629 771 Council Place 6 840 537 Jim Ramsey Tommy Brown Mack Garvin Curtis Pruden Virginia Moody Frank Metts, Jr. Byron Sibbet Gene Riddle NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The above canvass be and the same hereby is in all things approved. 2. The Council finds that the following candidates should be declared elected to the office indicated: Office Duly Elected Official Mayor Council Pl ace 2 Counc il Place 4 Council Place 6 Tommy Brown Mack Garvin Frank Metts, Jr. Byron Sibbet" Councilman Davis moved, seconded by Councilman Ramsey, to approve Resolution No. 88-13. Motion carried 7-0. May 9, 1988 Page 3 6. GN 88-32 OATH OF OFFICE Rex McEntire, Attorney for the City, administered the following Oath of Office to Tommy Brown, Mack Garvin, Frank Metts, Jr. and Byron Sibbet: "I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of (City Councilman/Councilwoman or Mayor) of the City of North Richland Hills, State of Texas, and will, to the best of my ability, preserve, protect and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm) that I have not directly paid, offered, or promised to pay, contributed nor promised to contribute any money, or valuable thing, or promised any public office or employment as a reward for the giving or withholding a vote at the election at which I was elected. So help me God." 7. GN 88-33 ELECTION OF MAYOR PRO TEM Councilman Davis moved, seconded by Councilwoman Spurlock, to elect Councilman Dick Fisher as Mayor Pro Tem by acclamation. Motion carried 7-0. 8. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Garvin removed Item No. 20 and Councilman Davis removed Item No. 26. 9. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (25, 28, 29, 30, 31 & 32) APPROVED Councilwoman Hinkle moved, seconded by Mayor Pro Tem Fisher, to approve the Consent Agenda. Motion carried 7-0. Councilman Davis moved, seconded by Councilwoman Hinkle, to move Item No. 24 to this point in the Agenda. Motion carried 7-0. 24. GN 88-37 PRESENTATION OF 1986-87 FINANCIAL STATEMENTS APPROVED May 9, 1988 Page 4 Mr. Clyde Womack and Mr. Jake Murrah, representing Peat Marwick Main and Co., presented the Comprehensive Annual Financial Report, for fiscal year ending September 30, 1986, to the Council. Mr. Womack advised that the City had also received the Certificate of Achievement of Excellence in Financial Management Reporting. Councilman Davis moved, seconded by Councilwoman Hinkle, to accept the report. Motion carried 7-0. 10. PZ 88-3 PLANNING & ZONING - PUBLIC HEARING - APPEAL HEARING - REQUEST OF RICHMOND BAY DEVELOPMENT CO. TO REZONE A PORTION OF TRACT 2, W.A. TRIMBLE SURVEY, ABSTRACT 1520, FROM R-2 TO R-8. (LOCATED ON SOUTH SIDE OF MEADOW LAKES DRIVE AND WEST OF DORY COURT) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Marion Massey, representing Richmond Bay Development, appeared before the Council. Mr. Massey advised that this zoning request was for the property located west of the dam. Mr. Massey stated they would build 2,000 square foot minimum houses. Mr. Massey stated the development would have a guard gate at the entrance and it would be surrounded by a brick and wrought iron fence. Councilwoman Spurlock stated that according to the Planning and Zoning Minutes the fence would be around the development except for Lots 3 and 4. Mr. Massey stated that homes were already built at the back of Lots 3 and 4, however if it was alright with the existing homeowners the fence would also be placed there. Councilwoman Spurlock asked if a stipulation of 2,000 square foot houses could be placed on the zoning. Mr. McEntire replied yes. Councilwoman Hinkle asked if the houses were to be built by builders. Mr. Bob Frank, co-owner, stated the homes would be built by builders and individuals with strict architectural guidelines. Mayor Brown called for anyone wishing to speak in opposition to please come forward. Mr. Jack Mayberry, 6405 Riviera, appeared before the Council. May 9, 1988 Page 5 Mr. Mayberry stated that R-8 zoning called for 1,200 square foot houses, but he had no objection to 2,000 square foot houses. Mr. Mayberry asked if someone could rezone to R-8 on the adjoining property without a 2,000 square foot stipulation on the houses. Mayor Brown stated they would have to appear before the Planning and Zoning Commission and the Council to have the property zoned R-8. Councilman Davis stated he felt the 2,000 square foot stipulation would be a good precedence. Councilman Garvin stated he felt this would be a good development for the area. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 11. ORDINANCE NO. 1540 APPROVED Mayor Pro Tem Fisher moved, seconded by Councilman Garvin, to approve Ordinance No. 1540 with the stipulation of 2,000 square foot houses and a brick wall with wrought iron fence surrounding the development. Motion carried 7-0. Mr. Charles Scoma appeared before the Council. Mr. Scoma stated he felt the lots were too small for 2,000 square foot homes. Councilman Davis stated the developer would have to make the lots large enough to meet all building requirements. 12. PZ 88-4 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF BLAIR PLUMBING COMPANY INC., TO REZONE THE SOUTH TWO HUNDRED FEET OF LOT 1, COLLEGE ACRES ADDITION FROM C-2 TO OC. (LOCATED ON THE WEST SIDE OF DAVIS BOULEVARD SOUTH 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. Glenn Blair, owner, appeared before the Council. Mr. Blair stated this zoning request was to bring the existing business into compliance. Councilwoman Spurlock stated she would like to see a screening fence built around the property. May 9, 1988 Page 6 Mr. Blair stated that as soon as the zoning was approved he intended to build a screening fence. Councilman Garvin stated that there seemed to be a problem with the platting of the property. Mr. Blair stated that as soon as the zoning was approved he would start the platting process. Councilman Sibbet asked what the height of the fence would be. Mr. Blair stated he would erect a six to eight foot sight barring fence. 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. 13. ORDINANCE NO. 1541 APPROVED Mayor Pro Tem Fisher moved, seconded by Councilman Garvin, to approve Ordinance No. 1541 with the stipulation that a 6 foot sight barring fence be erected. Motion carried 7-0. 14. PZ 88-5 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF RICHMOND BAY DEVELOPMENT COMPANY TO REZONE TRACTS OUT OF THE W.A. TRIMBLE SURVEY, ABSTRACT 1520 AND THE HEIRS OF S. SAWYER SURVEY, ABSTRACT 1425, FROM R-2; R-6T AND OC TO R-2 (SINGLE FAMILY). (LOCATED ON SOUTH SIDE OF MEADOW LAKES DRIVE IN THE MEADOW LAKES SUBDIVISION) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to please come forward. Mr. Marion Massey, representing Richmond Bay Development, appeared before the Council. Mr. Massey stated this property was in the golf course area. Mr. Massey stated they had received at least fifteen offers on the golf course, but nothing final. Mr. Massey stated they had been advised that a golf course could not be built unless it was done by the City. Mr. Massey stated they were asking the City to rezone the property into phases so they could get started on Phase I. Mr. Massey stated that if Phase I took effect on a particular date the City and all other golf course developers would have time to get plans and financing in place prior to the time that any of the residential development would hinder or interfere with the existing golf May 9, 1988 Page 7 course plans. Mr. Massey stated the developer was ready to begin Phase I which was on the extreme eastern end. Mr. Massey stated that until Phase I was half or more underway, there would be no interference with the present golf course architectural plans. Mr. Massey advised this rezoning would do away with all of the multi-family zoning in the project. Mayor Pro Tem Fisher asked if Phase I was started and the golf course came about would the developer shut Phase I down. Mr. Massey stated that if Phase I was completely developed it would not torpedo the golf course but would shorten the fairway on one particular hole and might change it from a par 4 to a par 3. Mr. Massey stated if only one-half of Phase I was developed it would not interfere with the present plans for the golf course. Mr. Massey stated Phase II would have to be completed before the golf course became a questionable factor. Mayor Pro Tem Fisher asked if Phase I would be shut down if the go 1f course came through. Mr. Massey stated Phase I would not be shut down because it fi t very well with the golf course configuration. Mr. Line stated Phase I would begin developing at the eastern end and proceed in a westerly fashion. Mr. Line asked that if the City advised that a golf course was going to be built before Phase I was finished, would part of Phase I be available to the City to incorporate into the golf course or would the developer want to complete Phase I. Mr. Massey stated that if the City was committed to the golf course before Phase I encroached on it then they would cease construction. Councilman Sibbet asked how long it would be before the half-way point was reached once Phase I was started. Mr. Massey stated Phase II would become effective in October so if the developer moved very fast Phase I would be finished by October 1st. Mr. Massey stated that Phase I consisted of only 25 lots. Mr. Bob Frank advised that they only planned to submit a plat for nine lots at the next Council Meeting. Councilman Davis stated that actually Phase I was really going to have two phases - if the first nine lots were developed and sold in nine days the developer would do the next phase. Councilman Davis stated that if the nine lots did not sell then the developer would not develop any more until later on. Mr. Frank stated that was correct. Councilman Davis stated the City should know by October whether or not they were going to be involved in a joint venture, with some outside management building firm, to build a golf course. May 9, 1988 Page 8 Mr. Massey stated he felt it was to the developer IS advantage to participate in the area near the golf course. Councilman Metts asked when the City began working on the plans for the golf course and could it be done in six months. Mr. Line stated the City had been working on the golf course very intensely, off and on, with the owners and developers of Meadow Lakes for four years. Mr. Line stated that as of March 23, 1988 the golf course became Mr. Sanford's number one priority. Mr. Line stated that Mr. Sanford and the Attorney for the City had been working on a request for proposals. Mr. Line stated that these requests would be sent to those who had expressed interest. Mr. Line stated they would be asked to comment on the proposals. Mr. Line stated that when the proposals were received back, modifications, that were appropriate, would be made and submitted back to everyone who was interested. Mr. Line stated the City would give them a deadline of July 30th to submit proposals to the City on how they would go about developing the golf course. Mr. Line stated that would give the Council and Staff three months to evaluate and determine whether or not it would be feasible to proceed with the golf course. Mr. Line stated that by October 1st the City would know whether or not they could develop a golf course. Mayor Pro Tem Fisher asked if there would be some encroachment on the proposed golf course if Phase I was developed, and even more if Phase II was developed. Mr. Massey stated that if Phase II was finished there would be no real problems with developing the golf course with the present land configuration. Mayor Pro Tem Fisher asked if there was any reason to put an effective date on Phase IV if the golf course was out of the picture at that time. Mr. Frank stated the golf course would be out of the question for that area but there would still be enough property in other areas to do it. Mayor Pro Tem Fisher asked if there would be enough property left after Phase III was developed. Mr. Frank stated yes, but not in the same area. Mr. Line stated he felt the City would know well in advance of Phase II whether or not the golf course could be done. Mr. Line stated the developer had advised the City tonight that they would surrender any part they had not yet developed, even in Phase I, for the City to incorporate into the golf course. Mr. Massey stated he would like to clarify one thing that Mr. Line said: at such point as the City knew that the golf course was a certainty then the developer would surrender whatever was left of Phase I, consistent with the original plans. Mr. Massey stated the developer would surrender what was left of Phase I consistent with the golf course plan and configuration. May 9, 1988 Page 9 Mr. Line asked if the developer started with nine lots in Phase I, and that was all that had been developed at such time when the City said they were going to build the golf course, then would that be all that would be developed in Phase I. Mr. Massey stated that was correct. Councilwoman Hinkle asked that if the second part of Phase II was developed, could there still could be a golf course but with less area than the original plan. Mr. Massey stated that until Phase II was completed the concept of the golf course, as it now stands, was not destroyed. 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. Councilman Davis stated he wanted everyone to understand that the Council was going to vote on five ordinances with different effective dates. Councilman Davis stated that essentially what the citizens that lived in Meadow Lakes were being told was that if the ordinances did pass, and if for some reason by October 1st the City had not come to a conclusion with a management contract for building and managing the golf course, there probably would not be one. Councilman Davis stated the developer had tried many outside groups to come in and build a golf course and they could not feasibly do it. Councilman Davis stated the developer had been very cooperative with the City and the decision made tonight would kill a golf course unless the City was able to put together a package by June 30th. 15. ORDINANCE NO. 1542 (PHASE I) APPROVED Councilman Hinkle moved, seconded by Mayor Pro Tern Fisher, to approve Ordinance No. 1542. Motion carried 7-0. 16. ORDINANCE NO. 1543 (PHASE II) APPROVED Mayor Pro Tem Fisher moved, seconded by Councilman Garvin, to approve Ordinance No. 1543. Motion carried 7-0. 17. ORDINANCE NO. 1544 (PHASE III) APPROVED May 9, 1988 Page 10 Councilman Garvin moved, seconded by Mayor Pro Tem Fisher, to approve Ordinance No. 1544. Motion carried 7-0. 18. ORDINANCE NO. 1545 (PHASE IV) APPROVED Councilman Metts moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 1545. Motion carried 7-0. 19. ORDINANCE NO. 1546 (PHASE V) APPROVED Councilwoman Hinkle moved, seconded by Councilman Sibbet, to approve Ordinance No. 1546. Motion carried 7-0. 20. GN 88-30 TEEN COURT - ORDINANCE NO. 1539 TABLED Councilman Garvin moved, seconded by Councilwoman Hinkle, to table Ordinance No. 1539 to the May 23, 1988 Council Meeting. Motion carried 7-0. 21. GN 88-34 PUBLIC HEARING ON MARTIN DRIVE ASSESSMENTS Mayor Brown opened the Public Hearing and called for anyone wishing to speak to please come forward. Mr. Greg Dickens, Public Works Director, appeared as a witness. Mr. Dickens explained the scope of the Martin Drive Street and Drainage project. Mr. Dickens explained the formula for the assessment and introduced in evidence the preliminary assessment rolls and the final revised assessment rolls. Mr. John Lutz, appeared as a witness. Mr. Lutz testified as to his credentials as a real estate appraiser in North Richland Hills. Mr. Lutz testified that he had explained the final revised assessment rolls and had done a study of each tract and the impact of the Martin Drive Project on each tract on the rolls. Mr. Lutz testified that in his opinion the Martin Drive Project would give special benefit to each tract on the roll of at least the amount of each May 9, 1988 Page 11 assessment. Mr. Lutz answered questions from the Council as to how he arrived at his conclusion. During his testimony Mr. Dickens answered questions from the Council concerning the formula for assessment and the special benefits to the various categories of land involved. The Attorney for the City announced that the Department of Public Works had completed its presentation. The Mayor called for those property owners who objected to the assessments to come forward and be heard. The first witness to appear was Mr. Charles Scoma. Mr. Scoma stated he did not own or have an interest in any property affected by the assessment. Mr. Scoma had objections to the City policy dealing with assessments and suggested appointment of a Council Committee to study the general assessment program. The individual Council Members, the Attorney for the City, and the Engineer answered questions raised by Mr. Scoma. Mr. Scoma traced a portion of the history of the 1985 bond issue and at this point the Mayor asked Mr. Scoma to direct his remarks to the issue involved in the hearing. Mr. Scoma concluded by stating that he felt there was unfairness in the assessment system, generally, and that it should be studied by a committee. Mr. Oscar Oggier appeared before the Council. Mr. Oggier opposed the assessment placed on Unit No. 29. Mr. David Barfield appeared before the Council. Mr. Barfield stated he did not have a problem with the assessment, but he would like to have three drive approaches. Mr. Barfield stated he had talked with the Staff and had been advised he was only allowed two openings. Councilman Davis advised Mr. Barfield that if he had a site plan available, bring it to the next CIP Committee Meeting and they would see if something could be worked out. Mr. Jack Roseberry, 8912 Martin Drive, appeared before the Council. Mr. Roseberry stated he just wanted to let the City know that he was glad to get the road fixed. Ms. Walter Silay, 8612 Martin Road, appeared before the Council. Ms. Silay stated she had paid $358.00 for water and wanted to know if she would be refunded. Mr. Albin advised the assessment was for street, curb and gutter and not for water. There being no one else wishing to speak Mayor Brown closed the Public Hearing. May 9, 1988 Page 12 22. GN 88-35 DETERMINING THE NECESSITY FOR IMPROVEMENTS ON MARTIN DRIVE - ORDINANCE NO. 1536 APPROVED Councilman Davis moved, seconded by Mayor Pro Tem Fisher, to approve Ordinance No. 1536. Motion carried 7-0. Councilman Garvin left the meeting. 23. GN 88-36 CLOSING HEARING AND LEVYING ASSESSMENTS FOR IMPROVEMENTS OF MARTIN DRIVE - ORDINANCE NO. 1537 APPROVED Councilman Davis moved, seconded by Mayor Pro Tem Fisher, to approve Ordinance No. 1537. Motion carried 6-0. 24. PRESENTATION OF 1986-87 FINANCIAL STATEMENTS Moved to beginning of Agenda. *25. GN 88-38 IMPOSING GROSS RECEIPTS TAX ON BINGO - ORDINANCE NO. 1547 APPROVED 26. GN 88-39 AUTHORIZATION OF $31,260.32 "TURNOVER" TO DAVID BARFIELD DECLINED Councilman Davis moved, seconded by Councilwoman Hinkle, that in view of the uncertainties involved in connection with the Precinct Line Road Project, as well as the rights and identities of the parties, that the City respectfully decline to comply with the Turnover Order served upon it on May 4, 1988 in Cause No. 249-108-87, 249th District Court, and direct the City Attorney to contest the Order. Motion carried 6-0. 27. PU 88-26 LANDSCAPING AND CHRISTMAS DECORATION TABLED May 9, 1988 Page 13 Councilman Davis moved, seconded by Councilwoman Spurlock, to table PU 88-26. Motion carried 6-0. *28. PU 88-27 APPROVE PURCHASE OF RIGHT-OF-WAY FROM EARL D. REGION, ETUX OLETA L. REGION FOR THE PURPOSE OF CONSTRUCTING MARTIN DRIVE (PARCEL NO.5) APPROVED *29. PU 88-28 APPROVE PURCHASE OF RIGHT-OF-WAY FROM MARY B. OGGIER FOR THE PURPOSE OF CONSTRUCTING MARTIN DRIVE (PARCEL NO. 11) APPROVED *30. PU 88-29 APPROVE PURCHASE OF PROPERTY FROM CARL A. WATERS FOR THE PURPOSE OF CONSTRUCTING MACKEY CREEK IMPROVEMENTS, PHASE II (PARCEL NO.1) APPROVED *31. PU 88-30 APPROVAL TO PURCHASE LOT 102, BLOCK 4, NORTH HILLS ADDITION APPROVED *32. PW 88-13 APPROVAL OF WATAUGA ROAD STREET AND DRAINAGE IMPROVEMENTS - CHANGE ORDER NO. 4 APPROVED 33. CITIZENS PRESENTATIONS None 34. ADJOURNMENT Councilman Davis moved, seconded by Councilwoman Spurlock, to adjourn the meeting. Motion carried 6-0. Mayor ATTEST: I~ "7/ /J r. ) \... ~d./ÆL--, ~L Citï Secretary