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
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Patricia Hutson - City Secretary