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HomeMy WebLinkAboutCC 2005-06-12 Minutes MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JUNE 13,2005 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 13th day of June, 2005 at 5: 15 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Timothy J. Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson David Whitson Nancy Bielik Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson Alicia Richardson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Dave Green Kyle Spooner Drew Corn Steve Brown Vickie Lottice Bill Thornton Chris Swartz Richard Abernethy Call to Order Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilman Councilwoman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Public Information Officer Director of Development Finance Director Public Works Director Chief Planner Director of Information Services Budget Director Library Director Director of Parks & Recreation Assistant Director Parks & Recreation NRH20 Aquatic Manager Assistant to City Manager Mayor Trevino called the Pre-Council meeting to order at 5:15 p.m. 1. Discuss Items from Reqular June 13. 2005 City Council Meetinq City Council Minutes June 13, 2005 Page 2 Agenda Item 6d, GN 2005-057 - Councilwoman Cox questioned if the City would be able to control the portion of Tarrant County HOME funds received and how would the City know the amount of available funds. The City Manager explained that the funds go through the Tarrant County HOME program and they will identify and qualify eligible residents within the City. The City will not be able to control the money, but will be able to ensure that the City's residents are part of the program. Mr. Cunningham advised that if the need exists within the City, as many as 20 to 30 houses per year could be identified for the program. The funds are to be used for livable types of projects versus cosmetic projects. Councilman Lewis questioned if the City would submit the projects for consideration. Mr. Cunningham advised the individual has to submit the project, but if the City is familiar with a citizen that might have a need, the City can advise them of the program. Councilman Cox questioned if the money has to be repaid by the citizen. Mr. Abernethy advised the program is similar to the Community Development Block Grant program and that the individuals do not have to pay the money back. 2. IR 2005-076 Discuss New Library Development Proiect and Recommendation to Hire BRW Architects Assistant City Manager Torres presented a brief PowerPoint presentation on the progress of the new library development project planned for Home Town. Council will consider an item on the regular agenda to hire BRW Architects, Inc. for architectural and engineering design services. Staff has determined that Tax Increment Financing District #2 (TIF) is financially in a condition to pay the debt on the proposed new library. Mr. Torres highlighted the process for the selecting the architectural/engineering firm. The original budget for the proposed library was developed in the late '90s. The present library is approximately 31,000 square feet and the minimum proposed size for the new library is 45,000 square feet with a maximum proposed size of 60,000 square feet. Although there have been delays in getting the project started, staff still feels the new library can be constructed within the original estimated budget of $10,216,111. To stay within the budget the City may need to consider constructing a larger portion that would be finished out in the future or make some concessions in size or type of building. In 2003 certificates of obligation were issued in the amount of $1 ,450,000 for land acquisition and design services. Plans are to issue certificates of obligation in 2006 to finance the remaining funds needed to complete construction of the project. Mr. Torres briefly highlighted the proposed agreement with BRW, the timeframe for the project and reviewed the original budget and revised budget. Mr. Torres discussed the purchase of land for the library. The original agreement provided that the City would purchase 1.2 acres and would only own the footprint of the building and the parking area would be City Council Minutes June 13,2005 Page 3 dedicated to the City in the form of an easement. At the City's proposal, Arcadia has agreed to the City purchasing all of the property. The property is being surveyed now and after the survey work is completed an item will be brought back to the Council. Mr. Torres answered questions from the Council pertaining to the acquisition of the additional land, and whether there were any architectural limitations that Council might want to look at that would affect the Library design. Also in response to a Council inquiry, Mr. Torres clarified for the benefit of the citizens that the development agreement between the City and Arcadia called for the City to initiate the project when certain financial criteria had been achieved and that the project would be funded using revenues produced from the TIF. The City feels that there has now been enough development and property tax revenues generated in the TIF to sufficiently retire the debt. Councilwoman Johnson requested that as the new project develops, that the City also communicate to the public that plans are that a branch library will be located on the south side of the City. 3. IR 2005-071 Review Master Concept Development Plans for Goode Place Park Site. Little Bear Creek Park Site and Norwich Park Park and Recreation Director Vickie Loftice advised that the Parks Department has been planning for the development of two new neighborhood parks, Little Bear Creek Neighborhood Park site and Goode Place Neighborhood site and the renovation of Norich Park. The Little Bear Creek Neighborhood Park site is located on the north side of Continental and south of the creek, and Goode Place park site is located on the north side of North Richland Boulevard west of Davis Boulevard. Ms. Loftice briefed the Council on the opportunities that were provided to the public at the Park Board meetings to provide input on the proposed concept plans. The Park and Recreation Board also discussed and reviewed the plans. Ms. Loftice advised that the plans included public as well as staff input. Mr. Bill Thornton presented a PowerPoint presentation highlighting the themes for the three parks and the proposed amenities for each site. Proposed as themes for each of the sites are: 1) Spanish mission theme at the Little Bear Creek site 2) Pocket park theme for the Goode Place site and Dinosaur theme for Norich Park. Mr. Thornton answered questions from the Council on the proposed plans for each of the parks. 4. IR 2005-074 Update on Loop 820 Corridor Study Director of Development John Pitstick advised that Kimley-Horn & Associates will be presenting the preliminary Loop 820 Corridor Study at a public hearing on June 23. Following the public hearing, the study will be available at City Hall for two weeks to receive additional citizen comments. Mr. Kurt Schulte, Kimley-Horn & Associates, presented a PowerPoint presentation highlighting the major elements of the study that will be presented on June 23. City Council Minutes June 13, 2005 Page 4 5. Executive Session Mayor Trevino announced at 6:25 p.m. that the Council would adjourn to Executive Session as authorized by Texas Government Code Section 551.071 to confer with Attorney about a settlement offer regarding Beverly Brown and as authorized by Section 552.072 for deliberation regarding real property in the area of Loop 820 and Holiday Lane. 6. Adiournment Mayor Trevino announced at 6:54 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order June 13, 2005 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Timothy J. Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson David Whitson Nancy Bielik Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilman Councilwoman Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney City Council Minutes June 13, 2005 Page 5 2. INVOCATION Councilwoman Cox gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilwoman Cox led the pledge of allegiance. 4. SPECIAL PRESENTATIONS None. 5. CITIZENS PRESENTATION Mr. Nelson Stoppiello, 7104 Lyndale Court, Watauga, TX, and a North Richland Hills property owner advised he spoke before the Council at the December 13, 2004 Council meeting concerning the Loop 820 Corridor Study. Mr. Stoppiello advised he asked council to avoid and reject the use of eminent domain to take people's homes for the benefit of private developers. Mr. Stoppiello went on to say he did not mention the widening of Loop 820, but was speaking in terms of the corridor study and economic development. Mr. Stoppiello advised the minutes incorrectly indicate that he spoke on the condemnation of property as result of Loop 820. Mr. Stoppiello asked that Council correct the minutes of December 13, 2004 to accurately reflect what he discussed before Council. Mr. Stoppiello also suggested that citizens have more time between publishing of the preliminary results of the Loop 820 study and the opportunity to provide their input. Mayor Trevino announced to the public that the Council will have a public hearing which begins at 5:30 p.m. and the Council will convene at 7:00 p.m. to listen to input, comments and concerns on the Loop 820 overlay study. Council is conducting this meeting to gain citizen input regarding the Loop 820 overlay study. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. City Council Minutes June 13, 2005 Page 6 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE MAY 23, 2005 COUNCIL MEETING B. FP 2005-05 CONSIDERATION OF A REQUEST FROM J&J NRH 100 FLP TO APPROVE THE FINAL PLAT OF FOREST GLENN WEST PHASE III ADDITION (LOCATED IN THE 8000 BLOCK OF NORTH TARRANT PARKWAY - 6.919 ACRES) C. GN 2005-056 APPROVE CONTRACT FOR CELLULAR LEASE AGREEMENT WITH GLOBAL SIGNAL INC- RESOLUTION NO. 2005-048 D. GN 2005-057 APPROVE PARTICIPATION AGREEMENT WITH TARRANT COUNTY FOR THE HOME INVESTMENT PARTNERSHIP PROGRAM- RESOLUTION NO. 2005-049 E. GN 2005-058 APPROVE JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF HOME INVESTMENT PARTNERSHIP PROGRAM F. PW 2005-007 APPROVE CITY-DEVELOPER AGREEMENT WITH J&J NRH100 FLP, JOHN W. BARFIELD, GENERAL PARTNER, FOR IMPACT FEE REIMBURSEMENT ON WATER LINES LOCATED IN THE FOREST GLENN WEST, PHASE II ADDITION G. PW 2005-008 APPROVED CITY-DEVELOPER AGREEMENT WITH JB & JB DEVELOPMENT FLP, JOHN W. BARFIELD, GENERAL PARTNER, FOR IMPACT FEE REIMBURSEMENT ON WATER LINES AND SEWER LINES LOCATED IN THORN BRIDGE EAST, PHASES II-IV H. PW 2005-009 APPROVE CITY-DEVELOPER AGREEMENT WITH HOME DEPOT U.S.A., INC. FOR IMPACT FEE REIMBURSEMENT ON SEWER LINES LOCATED IN THE HOME DEPOT ADDITION I. PW 2005-010 APPROVE CITY-DEVELOPER AGREEMENT WITH MEGA LIFE AND HEALTH INSURANCE COMPANY FOR IMPACT FEE REIMBURSEMENT ON WATER LINES LOCATED IN THE UICI ADDITION COUNCILWOMAN JOHNSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes June 13, 2005 Page 7 8. FP 2005-02 CONSIDERATION OF A REQUEST BY GLENVIEW BIBLE CHAPEL TO APPROVE THE FINAL PLAT OF CHRISTIAN ADDITION (LOCATED IN THE 7200 BLOCK OF DAVIS BOULEVARD -1.478 ACRES) APPROVED Nature of request is to approve a final plat for the purpose of building a 2500 square foot church. The Comprehensive Plan represents Neighborhood Service uses for this area along Davis Boulevard. Although current and proposed zoning are not consistent with the plan, churches are permitted in any zoning district except AG (Agricultural) and MH-1 (Manufactured Housing). The Planning and Zoning Commission recommended approval with revision that plat would reflect "U" school, church and institutional district as the current zoning of the site. Applicant has revised plat to incorporate Planning and Zoning's recommendation. Mr. Victor Mossear, speaking on behalf of Ernest Hedgcoth, was available to answer questions from Council. Chief Planner Dave Green summarized case and was available to answer questions from Council. MAYOR PRO TEM WELCH MOVED TO APPROVE FP 2005-02. COUNCILWOMAN BIELIK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 9. SP 2005-02 CONSIDERATION OF A REQUEST BY GLENVIEW BIBLE CHAPEL FOR APPROVAL OF A SITE PLAN FOR A NEW CHURCH (LOCATED IN THE 7200 BLOCK OF DAVIS BOULEVARD -1.478 ACRES) APPROVED Nature of request is to approve site plan for Glenview Bible Chapel. Site Plan requirements for churches are equivalent to commercial development. Both are needed when they are adjacent to residential zoning. Chief Planner Dave Green summarized case and was available to answer questions from Council. Mr. Paul Armstrong, 5528 Monthaven Drive, Fort Worth, in response to Councilwoman Compton's question advised Council the church would be open two days a week on Wednesday and Sunday. City Council Minutes June 13, 2005 Page 8 COUNCILWOMAN COMPTON MOVED TO APPROVE SP 2005-02. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 10. ZC 2005-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FORM THE MITCHELL PLANNING GROUP L.L.C. ON BEHALF OF THE PROPERTY OWNER, MERRILL GARDENS, TO AMEND AN APPROVED "PD"PLANNED DEVELOPMENT TO ALLOW FOR A SENIOR INDEPENDENT LIVING COMMUNITY (LOCATED IN THE 8400 BLOCK OF EMERALD HILLS WAY- 4.318 ACRES) - ORDINANCE NO. 2837 APPROVED Mayor Trevino advised the public and Council that Mayor Pro Tern Welch would be abstaining from discussion and vote on this item because he is the engineer on record for the project. An affidavit of disqualification was completed and filed with the City Secretary. Councilman Welch left the council dias while Council discussed and voted on this item. Mayor Trevino opened the public hearing. Nature of request is to amend a previously approved PD (Planned Development) for a 45-bed Alzheimer's facility. The development was to be associated with the adjacent assisted living facility located immediately to the south. The current property owner would rather build Cottages of Merrill Gardens, a small senior independent living facility. The development will consist of 21 total living units of both single family detached and duplex units. Ms. Karen Mitchell of Mitchell Planning Group located at 7823 Nine Mile Bridge Road, Fort Worth, and speaking on behalf of property owner was present. Ms. Mitchell advised approximately 62% of the site is planned for landscape and landscape open space. The central focus of the project is referred to as the "amenities area", located in the center of the project. This area will have a swimming pool and a small cabana area. Ms. Mitchell pointed out the landscape plan which was submitted between the Planning and Zoning Commission and City Council meeting shows applicant to be installing a decorative metal fence along Emerald Hills, which was pointed out as an error. The Planning and Zoning Commission approved request with the condition it be a decorative fence in order to allow for flexibility to the applicant to decide if it was going to be a decorative metal or possibly a split-rail vinyl fence that would look like a wooden fence. Ms. Mitchell is asking that Council consider approving PD with a decorative fence along Emerald Hills Way and not as mentioned in coversheet as a five foot decorative metal City Council Minutes June 13, 2005 Page 9 fence. Ms. Mitchell advised they would provide a new landscape plan which could be attached to the ordinance. Chief Planner Dave Green summarized case and was available to answer questions from Council. Mr. Green advised request before Council is to amend or revise existing PD for the senior independent living. Mr. Green advised the Planning and Zoning Commission recommended approval of request with the following revisions: allowance of a pool cabana not to exceed 500 square feet matching the architecture of the other dwellings; include five foot decorative fence along Emerald Hills Way; show required safety fencing along the proposed swimming pool; note on site plan that the project is designed for those that are a minimum of 55 years of age. Mr. Green advised applicant has made changes as recommended by the Planning and Zoning Commission, but there is one change that the fence surrounding the pool be changed to six foot in order to meet city criteria. Staff recommends approval of the project, with the revision that the fence surrounding the pool be changed to six foot on the plans instead of four foot. Councilwoman Johnson asked if applicant does not want to put a wood fence and put in a living fence. Mayor Trevino advised applicant is speaking about a living fence and a decorative fence. Mr. Green advised Exhibit B of Ordinance No. 2837 is a narrative of the development and within the narrative there is a statement there will be no wooden fences. Councilman Whitson wondered if applicant is asking for a decorative fence and this request is for a Planned Development, does Council have to specify what kind of fence or would decorative fence be sufficient; would it allow applicant the freedom to choose the fence. Mr. Green advised it would depend on how comfortable Council is with allowing applicant to choose decorative fence. Staff would certainly look at the fence during the permit process to see if it meets the intent of being decorative. Councilman Whitson asked should Council choose to pass, Council could say decorative fence with review of staff and staff would understand Council's wishes. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE NO. 2837 WITH THE REVISION TO FENCE HEIGHT THAT IS SPECIFIED ABOVE TO BE SIX FOOT WITH STAFF APPROVED DECORATIVE FENCE AND TO INCLUDE THE WORDS THAT WOOD IS NOT TO BE USED IN THAT DECORATIVE FENCE. COUNCILWOMAN BIELlK SECONDED THE MOTION. City Council Minutes June 13,2005 Page 10 MOTION TO APPROVE CARRIED 6-0, WITH MAYOR PRO TEM WELCH ABSTAINING. 11. TR 2005-01 PUBLIC HEARING AND CONSIDERATION OF ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 118-775 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS TO PROVIDE EXCEPTIONS TO REGULATIONS OF SATELLITE RECEIVER DISHES LESS THAN ONE METER IN DIAMETER AS MANDAED BY FCC REGULATIONS-ORDINANCE NO. 2838 APPROVED Mayor Trevino opened the public hearing. Nature of request is to update city ordinance to comply with mandated regulations of the Federal Communications Commission (FCC) for satellite receiver dishes one meter or smaller in size. The ordinance divides the dishes into two sizes: one meter (39.37" in width) and below and those that are above 1 meter in size. Chief Planner Dave Green summarized case and was available to answer questions from Council. The Planning and Zoning Commission recommended approval with the amendment that every time one meter is mentioned staff adds in parenthesis 39.37 inches. Mayor Pro Tem Welch asked Mr. Green if this ordinance will supersede any homeowner association deed restriction if they are more restrictive. City Attorney George Staples advised city ordinance would not supersede the deed restrictions if they are more restrictive. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILWOMAN BIELIK MOVED TO APPROVE ORDINANCE NO. 2838. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes June 13,2005 Page 11 12. GN 2005-060 APPROVE EASEMENT MODIFICATIONS WITH TXU ELECTRIC DELIVERY COMPANY APPROVED Nature of request is to approve modified easement agreements, which were originally approved in 1982. The modification agreements seek approval to remove the electric line transmission currently existing and to erect, construct, reconstruct, inspect, repair, maintain, improve, operate and remove an electric transmission line, with all necessary appurtenances, including multiple circuits and single steel or concrete poles as supporting structures, on the property. The modified agreements do not change other rights that were granted with the original easement and right-of-way documents approved in 1982. TXU Electric Delivery is in the process of replacing four legged electric transmission poles with mono-poles for the electric feeder line that enters North Richland Hills at approximately the intersection of Smithfield and North Tarrant Parkway and exits approximately the intersection of Precinct Line Road and Glad Road. Managing Director Karen Bostic summarized case and was available to answer questions from Council. Ms. Bostic advised the easements were reviewed by the Public Works Department. The Parks and Recreation Department reviewed the alignment of the new poles to verify that the Little Bear Creek Hike and Bike trail would need to be realigned. Ms. Bostic informed Council the documents were also reviewed by the City Attorney. Ms. Bostic advised John Pena of TXU was available to answer questions from Council. Councilwoman Compton asked how long the process would take and if the part of the hike and bike trail would have to be closed. Mr. Pena advised Council the process would take about a year from beginning to end. Mr. Pena stated the realignment may impact part of the hike and bike trail. Mayor Pro Tem Welch asked that notification be given to the public along the hike and bike trail. Mr. Pena informed Council property owners who abut the area were given notice. Councilwoman Johnson advised the need to notify citizens. Mr. Cunningham informed Council the city would work jointly with TXU to ensure public is aware of the project. COUNCILMAN LEWIS MOVED TO APPROVE GN 2005-060. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes June 13, 2005 Page 12 13. PU 2005-023 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRW ARCHITECTS FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES OF THE NEW LIBRARY- RESOLUTION NO. 2005-051 APPROVED Nature of request is to approve professional services agreement with BRW for architectural and engineering design services for the new library to be located in Home Town. Assistant City Manager Richard Torres summarized case and was available to answer questions from Council. Councilwoman Johnson advised staff there is a lot of talk about the TIF (Tax Increment Financing District) and asked staff to explain a TIF for the citizens. Mr. Torres explained the purpose of the Tax Increment Financing District (TIF) and the financing of public projects within TIF #2. Mr. Torres gave Council an outline for the library project beginning with the final approval to purchase a piece of property for the library; first phase of design of schematic drawings; input gathered from Library Board members, staff and citizens; Library Board and City Council approval of preliminary plans; design of facility; Council approval of design; and preparation of construction documents. Councilman Lewis asked staff to expand on the definition of the TIF as it relates to the qualification of the TIF related to the economic development feasibility of the property. City Attorney George Staples advised there are a couple of different ways to qualify for TIF. The decision was made some time ago as far as this property is concerned. There is a development agreement that is particular to each one of these. The basic underlying TIF ordinance simply establishes a Tax Increment District, in which the incremental values goes toward a fund which then satisfies the obligations which are ordinarily either bonds or direct expenses. In the particular situation we have an agreement with Arcadia Development for these funds to be used in a variety of ways. Part of the money is to be used for these particular infrastructures for the library and conference center. Later on, and if there is a possibility and they build commercial development they will be reimbursed for some of the infrastructure costs of that, but each one of these stands on its own. There is a finance plan that goes with each one of them and that is all incorporated into the agreement. The theory on behind the tax increment financing however is as was stated generally it's an order to assist with development of areas that might not otherwise develop and to make them develop in a way that is in the City's interest in increasing the tax base. City Council Minutes June 13, 2005 Page 13 COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION NO. 2005-051. COUNCILWOMAN COMPTON SECONDED THE MOTION. Councilwoman Johnson commented the City Council is committed to keeping a library branch on the south side of Loop 820. MOTION TO APPROVE CARRIED 7-0. 14. GN 2005-059 CONSIDERATION OF AMENDING COUNCIL RULES OF PROCEDURE- RESOLUTION NO. 2005-047 APPROVED Nature of request is to consider suggested amendments to the Council Rules of Procedure as discussed by Council during their Pre-Council meeting on May 23, 2005. Council at their May 23 Pre-Council meeting discussed the following amendments: · Location of citizens' presentation to be moved to the end of the agenda; limit of three minutes per speaker with a cumulative total of thirty (30) minutes for all speakers · Staff to address and or respond to citizen presentations as needed and if needed provide further clarification at the following Council meeting · Address inaccurate statements made by any member of the Council and the action Council would take to correct such statements · Written policy to be included in Council Rules of Procedure regarding statements to news media or other public statements regarding lawsuits and litigation. Such statements would only be communicated through the City Attorney or City Mayor · Council Rules of Procedure to include statement read by the Mayor prior to citizens' presentation regarding personal attacks on Council and staff Mayor Trevino advised council it would be advantageous to the public and council if the citizens' presentation were to remain at the beginning of the council meeting. Mayor Trevino suggested that Council incorporate procedures for staff to correct inaccurate information or clarify information if staff has it readily available. If a specific problem is presented the Mayor may ask staff to meet with citizen immediately. Mayor Trevino also suggested that he discontinue reading the procedures before opening the citizens' presentation and suggested the public meeting appearance card be modified to outline the general rules of conduct and for those wishing to speak to acknowledge they understand the Rules of Procedure. Mayor Trevino advised should Council agree he has provided an Alternate A to section 3 of proposed ordinance. Mayor Trevino asked Council to consider each section of the proposed ordinance separately. City Council Minutes June 13, 2005 Page 14 Council agreed to act on each section of proposed ordinance separately and began with section 3. Councilman Lewis agreed with Mayor Trevino with reference to the citizens' presentation, but would like to see each person have three minutes with a cumulative total of 30 minutes for the citizens' presentation. Councilman Lewis also said that he was not in agreement that the citizens' did not have the right to criticize their council members. Council discussed their viewpoints. Mayor Trevino reminded Council the proposed ordinance was drafted as a result of Council's direction from the May 23 Pre-Council meeting. Councilwoman Johnson advised Council should possibly change the verbiage criticize to attack. COUNCILWOMAN JOHNSON MOVED TO SUBSTITUTE ALTERNATE A TO SECTION 3 OF PROPOSED ORDINANCE. COUNCILWOMAN Cox SECONDED THE MOTION. Councilman Lewis suggested a friendly amendment to Alternate A to change time limit to 3 minutes per person with a cumulative total of 30 minutes for the citizens' presentation. Councilwoman Johnson did not accept the friendly amendment. COUNCILMAN LEWIS MOVED TO SUBSTITUTE LENGTH OF CITIZEN PRESENTATION TIME TO A TOTAL OF 3 MINUTES PER PERSON AND 30 MINUTES CUMULATIVE TOTAL. MAYOR PRO TEM WELCH SECONDED THE MOTION. COUNCIL VOTED ON COUNCILMAN LEWIS' MOTION. THE MOTION TO CHANGE TIME LIMIT OF 3 MINUTES PER SPEAKER WITH A CUMULATIVE TOTAL OF 30 MINUTES FOR CITIZENS' PRESENTATION WAS APPROVED 5-2; WITH COUNCILMEN LEWIS, WHITSON AND MAYOR PRO TEM WELCH AND COUNCILWOMEN Cox AND BIELlK VOTING FOR AND COUNCILWOMEN COMPTON AND JOHNSON VOTING AGAINST MOTION. COUNCIL VOTED ON THE MAIN MOTION MADE BY COUNCILWOMAN JOHNSON TO SUBSTITUTE ALTERNATE A TO SECTION 3 OF PROPOSED ORDINANCE. THE MOTION APPROVED 6-1 WITH COUNCILMEN LEWIS, WHITSON AND MAYOR PRO TEM WELCH AND COUNCILWOMEN Cox, JOHNSON AND BIELlK VOTING FOR AND COUNCILWOMAN COMPTON VOTING AGAINST MOTION. Mayor Trevino informed Council he did not believe section 1 of proposed Ordinance No. 2836 needed action from Council. Mayor Trevino believes the Council already has the City Council Minutes June 13, 2005 Page 15 authority to approach a council member they believe is acting inappropriately or making false statements against the City, Council or staff. Council discussed their viewpoints and concurred with Mayor Trevino this section did not need to be included in Ordinance. COUNCILWOMAN BIELIK MOVED TO REMOVE SECTION 1 FROM PROPOSED ORDINANCE. COUNCILWOMAN Cox SECONDED THE MOTION. MOTION TO REMOVE SECTION 1 FROM PROPOSED ORDINANCE PASSED 7-0. Council considered section 2 of proposed ordinance. MAYOR PRO TEM WELCH MOVED TO APPROVE SECTION 2. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-2 WITH COUNCILMEN LEWIS, WHITSON AND MAYOR PRO TEM WELCH, AND COUNCILWOMEN COMPTON AND JOHNSON VOTING FOR AND COUNCILWOMEN Cox AND BIELlK VOTING AGAINST MOTION. Council considered section 4 of proposed ordinance. COUNCILWOMAN JOHNSON MOVED TO APPROVE SECTION 4. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. Council considered Resolution No. 2005-047 entering into record Council's desire to amend the Council Rules of Procedure. COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION No. 2005-047. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-1; COUNCILWOMAN BIELIK VOTING AGAINST. 15. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA NO ACTION TAKEN None. City Council Minutes June 13, 2005 Page 16 16. INFORMATION AND REPORTS Councilman Whitson made the following announcements. The North Richland Hills Police Department is taking applications for the next session of the Citizens Police Academy. Participants will learn about patrol procedures, dispatch, crime scene search and other police operations. For more information contact Officer Bauman at 817-427-7021. Me and My Monkey will be playing Beatles favorites at The Lotta Night Music Concert Series on Friday, June 17. This free concert begins at 7pm at Green Valley Park. Admission is free. For more information, please call 817-427-6614. NRH20 is offering a Father's Day Special on Sunday, June 19. The first 100 Dads will get in free. For more information about NRH20 special events, please call 817-427- 6500. The City will host a Loop 820 Corridor Study public meeting and public hearing on Thursday, June 23, at Richland Hills Church of Christ. All interested residents are invited to attend. We will begin with an open house from 5:30 to 6:30 p.m., followed by an informational presentation from 6:30 to 7 p.m. The City Council will then convene a public hearing and accept public input from 7 to 9 p.m. For more information, please call 817-427-6090. Kudos Korner - North Richland Hills Fire Department - Bob Hamilton of the Northeast Chamber was thankful for the excellent service provided by the NRH Fire Department. Mr. Hamilton said the department responded quickly when his neighbor's home was struck by lightening and he was very impressed with how the firefighters handled the situation. 17. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:52 p ~\ìHlAAJ"':'~ ~<.(.~.""".~.:'.IfU~,(,("'''' 'ð;'. .. ~ .f .····n .... ~s ... . . ,. 2~" .'.( )~ ::::::; .. ~. :: \~.TTE~· )~1 .~ h :./c:o~l ;;. ~..... ~ ~~4t~" " Patricia Hutson - City Secretary