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HomeMy WebLinkAboutCC 2005-11-14 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 - NOVEMBER 14, 2005 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 14th day of November, 2005 at 5:45 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Tim 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 Joann Stout Larry Koonce Drew Corn Mike Curtis Kyle Spooner Vickie Lottice Jimmy Perdue Dave Green Richard Abernethy Chris Swartz 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 Planning & Development Neighborhood Services Director Finance Director Budget Director Public Works Director Information Services Director Parks & Recreation Director Police Chief Chief Planner Assistant to City Manager Aquatic Manager Mayor Trevino called the Pre-Council meeting to order at 5:45 p.m. 1. Discuss items from Reqular November 14. 2005 City Council Meetinq No items were discussed. City Council Minutes November 14, 2005 Page 2 2. IR 2005-152 Briefino on Creatinq a Capital Campaiqn to Fund the Animal Shelter Expansion & Renovation Ms. Joann Stout, Neighborhood Services Director, briefed the Council on the plans to fund the proposed expansion and renovation of the Animal Adoption and Rescue Center. Council was advised that $1.3 million of general obligation bonds was committed through a bond election and an additional $71,316.82 has been received through voluntary utility bill donations. Plans are to raise the remaining funds needed through a Capital Campaign. Request for Proposals were received from three qualified capital campaign fund raisers. Ms. Stout advised that staff had evaluated the effects Hurricane Katrina, Hurricane Rita and the rising cost of gasoline might have on fund raising efforts and it was decided that the recent events would not impact any fund raising efforts. The capital campaign was presented to the Animal Control Shelter Advisory Board at their September 27 meeting and they recommended moving forward with the campaign. Staff has reviewed the proposals submitted by the campaign fund raisers and is ready to make a recommendation to Council. If Council is agreeable to moving forward with the campaign, staff would like to bring a contract forward to hire a Capital Campaign fund raiser for council's consideration. After discussion by the Council, consensus was to move forward with the Capital Campaign. 3. IR 2005-153 Overview of No Insurance Towino Practice Chief Jimmy Perdue discussed with Council the possible implementation of a no- insurance towing policy for vehicles that are operating without the required insurance. Several police departments in the state have implemented policies to impound vehicles found to be operating without the required insurance. The policies are not intended to punish individuals who forget their insurance cards, but are designed to target those individuals who consistently do not comply with the law. Currently during a traffic stop, North Richland Hills' officers may issue a citation for no insurance and release the driver at the scene. If Council should want to implement a no-insurance towing policy, based on towing comparisons from other cities, it is estimated there would be an additional 450 to 650 vehicles towed a year, or one to two a day. Chief Perdue advised should such a policy be put in effect in North Richland Hills, any towings would result from a legitimate traffic stop and the officers would use discretion in towing motorists with no insurance. Council discussed the impact a policy would have on the auto impoundment facility, the amount of time the officer would be engaged in the traffic stop and other issues such as racial profiling that might be affected. In general, the Council was agreeable to a conservative no-insurance towing policy that allowed for officer discretion and directed the Chief to draft a policy for Council's review. 4. IR 2005-155 Overview Gas Drillinq Ordinance Mr. John Pitstick, Director of Planning & Development, presented a PowerPoint presentation giving a brief overview of the proposed gas drilling ordinance to be discussed in detail during the regular Council meeting. The regular Council agenda lists City Council Minutes November 14, 2005 Page 3 two items dealing with gas drilling. One item will be to conduct a public hearing to consider an ordinance regulating the drilling and production of gas wells and the second item will be to conduct a public hearing to amend the Zoning Ordinance to authorize the drilling and production of gas wells in all zoning districts. Mayor Trevino advised with Council concurrence he would open both public hearings concurrently, receive public input, close the public hearings, and separate motions will be considered for each item. Mr. Pitstick highlighted the general regulations, setbacks, noise standards, screening standards and the appeal process to the Gas Board of Appeals. Mr. Pitstick answered questions from the Council. Council discussed and took formal action on the two items during the regular Council meeting 5. Reports from NRH20 a) IR 2005-154 2005 End of Season Report Mr. Chris Swartz, NRH20 Manager, presented the 2005 End of Season Report for the Waterpark and summarized the highlights of the report. The park had its third best attendance season, best revenue year, highest season pass totals, highest number of group tickets sold, second best year of food and beverage revenue, and seventh best year of gift shop revenue. b) Strategic Plan Implementation Update Mr. Swartz briefly summarized the goals of the NRH20 Strategic Plan and presented the short term action items and the implementation timeline. Mr. Swartz reviewed the recommended ticket prices for the 2006 season. Mayor Trevino asked for Council concurrence on the timeline including the ticket prices. Council concurred with the NRH20 Strategic Plan Implementation Update including the recommended ticket prices. 6. Adjournment Mayor Trevino announced at 6:53 p.m. that the Council would adjourn to the regular Council meeting. City Council Minutes November 14, 2005 Page 4 REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order November 14, 2005 at 7:02 p.m. ROLL CALL Present: Oscar Trevino Tim Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson Nancy Bielik David Whitson Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilwoman Councilman Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Councilwoman Compton gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilwoman Compton led the pledge of allegiance. 4. SPECIAL PRESENTATIONS None. City Council Minutes November 14, 2005 Page 5 5. CITIZENS PRESENTATION None. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilwoman Bielik removed item 7j from the consent agenda and advised she would abstain from discussion or voting on the matter. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE JULY 14, 2005 JOINT COUNCIL MEETING B. MINUTES OF THE AUGUST 16, 2005 JOINT COUNCIL MEETING C. MINUTES OF THE OCTOBER 24,2005 COUNCIL MEETING D. AP 2005-06 CONSIDERATION OF A REQUEST FROM FOUNTAIN RIDGE, L.T.D. TO APPROVE THE AMENDED PLAT OF LOTS 20, 25, & 26, BLOCK 2 FOUNTAIN RIDGE ADDITION (LOCATED IN THE 6000 BLOCK OF TURTLE CREEK COURT AND THE 8100 BLOCK OF MARBLE FALLS DRIVE) E. GN 2005-112 AMENDING AUTHORIZED REPRESENTATIVE LIST FOR TEXPOOL RESOLUTION NO. 2005-081 F. GN 2005-113 AUTHORIZE INVESTMENT OFFICERS RESOLUTION NO. 2005- 082 G. GN 2005-114 AMENDING AUTHORIZED REPRESENTATIVE LIST FOR LOGIC RESOLUTION NO. 2005-083 H. GN 2005-115 AUTHORIZING SIGNATURES FOR PLEDGEE SIGNATURE AUTHORIZATION FORM, RESOLUTION NO. 2005-084 I. GN 2005-120 INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT - RESOLUTION NO. 2005-087 City Council Minutes November 14, 2005 Page 6 J. REMOVED K. PU 2005-047 AUTHORIZE PURCHASE OF STORAGE AREA NETWORK HARDWARE AND SOFTWARE FROM DELL, INC. IN THE AMOUNT OF $120,919 - RESOLUTION 2005 - 091 L. PAY 2005-010 APPROVE FINAL PAYMENT TO SHARROCK ELECTRIC, INC. IN THE AMOUNT OF $2,906.34 FOR THE MID-CITIES BOULEVARD AT SIMMONS DRIVE TRAFFIC SIGNAL INSTALLATION PROJECT MAYOR PRO TEM WELCH MOVED TO APPROVE THE REMAINING ITEMS ON THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. *MOTION TO APPROVE CARRIED 7-0. 7J. PU 2005-046 AUTHORIZATION TO EXTEND WRECKER SERVICES CONTRACT WITH AA WRECKER SERVICE - RESOLUTION NO. 2005-090 APPROVED Mayor Trevino asked Councilwoman Bielik the reason for removing item from the consent agenda. Councilwoman Bielik advised council the owners of AA Wrecker donated an engine to her son's vehicle and believes it would not be moral for her to vote on the item. An affidavit of disqualification was completed and filed with the City Secretary. COUNCILWOMAN JOHNSON MOVED TO APPROVE PU 2005-046. COUNCILWOMAN COMPTON SECONDED THE MOTION. *MOTION TO APPROVE CARRIED 6-0 WITH COUNCILWOMAN BIELlK ABSTAINING. *Minutes corrected to reflect Councilwoman Bielik abstained from voting. 8. GN 2005-121 CONSIDER ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE AND SALE OF "CITY OF NORTH RICHLAND HILLS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005, DATED NOVEMBER 1, 2005, INCLUDING THE ADOPTION OF AN ORDINANCE (ORDINANCE NO. 2863) AUTHORIZING THE ISSUANCE OF SUCH BONDS AND PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY APPROVED City Council Minutes November 14, 2005 Page 7 Nature of request is to consider the refunding of City of North Richland Hills, Texas, General Obligation Refunding Bonds, Series 2005. The city's financial advisor has informed staff conditions were favorable to refund bonds issued in prior years at higher interest rates to save interest expense. If market remains favorable, a sale of General Obligation Refunding Bonds will be executed by the city and assisted by First Southwest Company and submitted to City Council for approval. Staff has prepared and is recommending approval of Ordinance authorizing the issuance of City of North Richland Hills, Texas, General Obligation Refunding Bonds, Series 2005. Finance Director Larry Koonce was available to answer questions from council. David Medanich of First Southwest Company summarized the sale for the General Obligation Refunding Bonds and was available to answer questions from council COUNCILWOMAN COMPTON MOVED TO ADOPT THE ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005" IN THE AGGREGATE PRINCIPAL AMOUNT OF $9,930,000; PROVIDING FOR THE REDEMPTION OF THE OBLIGATIONS BEING REFUNDED AND APPROVING AND AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, SPECIAL ESCROW AGREEMENT AND A PURCHASE AGREEMENT WITH ESTRADA HINOJOSA & COMPANY, INC. AND UBS FINANCIAL SERVICES, INC. IN RELATION TO SUCH BONDS AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT. COUNCILWOMAN BIELIK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. Mayor Trevino and Council discussed and considered item 10. 10. ZC 2005-12 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SCOTT & RENEE HOFFMAN FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 7800 BLOCK OF DOUGLAS LANE - 2.35 ACRES) - ORDINANCE NO. 2857 APPROVED Mayor Trevino opened the public hearing. Nature of request is to consider applicant's request to rezone 2.35 acres from AG (Agricultural) to R-1-S (Special Single Family Residential) to build a single family residence. The proposed zoning request requires a minimum of 1 acre lots, 2,300 square foot residence and allows livestock. The Planning and Zoning Commission heard request and unanimously recommended approval of request. City Council Minutes November 14, 2005 Page 8 Mr. Mark Long, applicant, was available to answer questions from council. Chief Planner Dave Green summarized item for council and was available to answer questions. Mr. Green advised council items 10 and 11 were related items. 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 ZC 2005-02 AND ORDINANCE No. 2857. COUNCILWOMAN BIELIK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 9. ZC 2005-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JB & JB DEVELOPMENT FLP/JOHN BARFIELD, G. P. FOR A ZONING CHANGE FROM "AG" AGRICULTURAL AND "C-1" COMMERCIAL TO "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 9200 BLOCK OF MARTIN DRIVE - 9.0 ACRES) - ORDINANCE NO. 2856 APPROVED Mayor Trevino opened the public hearing. Nature of request is to consider applicant's request to rezone a 9.0 acre site from AG (Agricultural) and C-1 (Commercial District) to R2 (Single Family Residential) for the purpose of developing a 32-lot residential subdivision. The Planning and Zoning Commission heard request and unanimously recommended approval of zoning change. Mr. Mark Long, applicant, was available to answer questions from council. Mr. Green summarized item for council and was available to answer questions from council. 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. COUNCILMAN LEWIS MOVED TO APPROVE ZC 2005-02 AND ORDINANCE NO. 2856. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes November 14, 2005 Page 9 11. FP 2005-14 CONSIDERATION OF A REQUEST FROM SCOTT & RENEE HOFFMAN TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1 HOFFMAN ADDITION (LOCATED IN THE 7800 BLOCK OF DOUGLAS LANE - 2.35 ACRES) APPROVED Nature of request is to consider applicant's final plat of a 2.35 acre site for the purpose of building a single family residence. The property is currently zoned AG Agricultural, but a zoning change request is included on agenda for council's consideration. The Planning and Zoning Commission heard request and unanimously recommended approval of request. Mr. Mark Long, applicant, was available to answer questions from council. Mr. Green summarized item for council and was available to answer questions from council. COUNCILWOMAN COMPTON MOVED TO APPROVE FP 2005-14. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 12. ZC 2005-18 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BRIAN JAMES FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 8900 BLOCK OF RUMFIELD ROAD - .91 ACRES) - ORDINANCE NO. 2858 APPROVED Councilman Welch abstained from discussion and voting and filed an abstention form stating he was the engineer of record for the project. Mayor Trevino opened the public hearing. Nature of request is to consider zoning change for a .91 acre site from AG Agricultural to R-2 Residential to build a single family residence. The R-2 district requires a minimum lot size of 9,000 square feet and a minimum house size of 2,000 square feet. The preliminary plat for project was approved by the Planning and Zoning Commission on October 20. In addition the Planning and Zoning Commission heard and unanimously recommended approval of request. Ms. Jane Gilliland, representing applicant, was available to answer questions from council. City Council Minutes November 14, 2005 Page 10 Mr. Green summarized item for council and was available to answer questions. 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. COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE NO. 2858 AND ZC 2005-18. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0, WITH MAYOR PRO TEM WELCH ABSTAINING. 13. ZC 2005-19 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM PHIFER/HOGAN PARTNERS, L.P. FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 8500 BLOCK OF SHADY GROVE ROAD - 5.99 ACRES) - ORDINANCE NO. 2859 APPROVED Councilman Welch abstained from discussion and voting and filed an abstention form stating he was the engineer of record for the project. Mayor Trevino opened the public hearing. Nature of request is to consider request to rezone a 5.99 acre site from AG Agricultural to R-2 Residential to develop a 19-1ot single family subdivision. A preliminary plat has been submitted to staff for review. The Planning and Zoning Commission heard and unanimously recommended approval of request. Mr. Don Phifer, applicant, was available to answer questions from council. Mr. Green summarized item for council and was available to answer any questions from council. 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 ZC 2005-19 AND ORDINANCE No. 2859. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0, WITH MAYOR PRO TEM WELCH ABSTAINING. City Council Minutes November 14, 2005 Page 11 14. RP 2005-07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM J & J NRH 100 FLP TO APPROVE THE REPLAT OF LOTS 42R1R THROUGH 42R10R, BLOCK 10 BRANDONWOOD ESTATES PHASE II (LOCATED IN THE 7500 BLOCK OF SHADY GROVE ROAD - 4.754 ACRES) APPROVED Mayor Trevino opened the public hearing. Nature of request is to consider a replat for a recently approved addition to reduce the number of residential lots from 12 to 10. According to State Law, it is required to conduct a public hearing when a replat is being requested of an existing platted residential lot. The Planning and Zoning Commission heard and unanimously recommended approval of request. Mr. Mark Long, applicant, was available to answer questions from council. Mr. Green summarized item and was available to answer questions from council. 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. MAYOR PRO TEM WELCH MOVED TO APPROVE RP 2005-07 A REPLAT OF LOTS 42R1 R THROUGH 42R10R, BLOCK 10 BRANDONWOOD ESTATES PHASE II. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 15. ZC 2005-16 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROYAL BUILDING CORPORATION AND COMIS DEVELOPMENT CORPORATION FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 6800 BLOCK OF SIMMONS ROAD - 3.16 ACRES) - ORDINANCE NO. 2860 DENIED Mayor Trevino opened the public hearing. Nature of request is to consider a zoning change of two tracts totaling 3.16 acres from AG Agricultural to R-2 Residential to develop a multi-lot subdivision. A subdivision plat has not been submitted by applicant for review by staff. A petition in opposition to request was received by staff, but the petition did not have the required signatures of 20% of owners within 200' of request. City Council Minutes November 14, 2005 Page 12 Mr. Mark Comis, applicant, was available to answer questions from council. Mr. Green summarized item for council. Mr. Green mentioned a second petition to be presented to Council this evening has been verified by Staff and contains the required number of signatures to require a super-majority vote of the Council to approve. Council discussed access to Amundson, Simmons Road and Stewart Drive; the number of homes on each lot; and the size of neighboring properties. Mayor Trevino asked for anyone wishing to speak in favor of request to come forward. There being no one wishing to speak, Mayor Trevino asked for anyone wishing to speak in opposition to come forward. The following spoke in opposition of request: Patricia Stewart, 8708 Stewart Drive; Ralph Schwab, 8713 Stewart and Thomas Smith, 6825 Simmons. Ms. Gayle Schwab, 8713 Stewart, was recognized as not being in favor of request. There being no on else wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN WHITSON MOVED TO DENY ORDINANCE NO. 2860 AND ZC 2005-16. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO DENY CARRIED 7-0. 16. GN 2005-116 PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF ORDINANCES AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS AUTHORIZING THE DRILLING AND PRODUCTION OF GAS WELLS IN ALL ZONING DISTRICTS - ORDINANCE NO. 2861 APPROVED Mayor Trevino advised the public and council that he was combining items 16 and 17 and the presentation for both would be heard together. Mayor Trevino opened the public hearing for GN 2005-116, Ordinance No. 2861 and GN 2005-117, Ordinance No. 2862. Mayor Trevino recognized Planning and Zoning Commission Chair Richard Davis and advised he would present the recommendation of the Planning and Zoning Commission. City Council Minutes November 14, 2005 Page 13 Mr. Richard Davis advised council there were two items for their consideration. The first being to change the zoning districts to include gas wells within zoning districts and finally to approve an ordinance providing regulation or drilling and production of gas wells in North Richland Hills. Mr. Davis advised council the Planning and Zoning Commission held two work sessions and a public hearing on the proposed gas drilling ordinance. Mr. Davis advised council North Richland Hills has set a higher ground than neighboring cities with respect to our gas drilling ordinance. Mr. Davis advised an appeals process was established for drilling that took place closer than 600 feet of residential or commercial property and the Planning and Zoning Commission is recommending that they serve as the Gas Board of Appeals. Mr. Davis thanked John Pitstick, Bo Bass, Dave Pendley, Mike Curtis and Richard Torres for their assistance. Director of Planning and Development John Pitstick presented council with a powerpoint presentation outlining the gas drilling ordinance. Mr. Pitstick advised staff reviewed ordinances from eight cities, received support from the city attorney, hired an outside attorney who specializes in gas drilling and conferred with the Fort Worth Gas Inspector and Railroad Commission and with the Physics Department at the University of North Texas and Texas A&M University. Mr. Pitstick advised a draft of the ordinance has been made available to the public since October 14 when it was presented to the Planning and Zoning Commission. Council discussed restoration of area once drilling has been completed, who would be responsible for street damage, if any and if certification is required of gas inspector. Mayor Trevino asked if there was anyone wishing to comment on this request. Mayor Trevino recognized Dr. John Bain a professor at University of North Texas. Dr. Bain praised North Richland Hills for their gas drilling ordinance. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILWOMAN BIELIK MOVED TO APPROVE GN 2005-116 AND ORDINANCE NO. 2861. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 17. GN 2005-117 PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO ESTABLISH ARTICLE 104 PROVIDING REGULATION OF DRILLING AND PRODUCTION OF GAS WELLS- ORDINANCE NO. 2862 APPROVED City Council Minutes November 14, 2005 Page 14 This item was heard in conjunction with item 16. COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2005-117 AND ORDINANCE NO. 2862. COUNCILMAN LEWIS SECONDED THE MOTION. MAYOR PRO TEM WELCH AMENDED MOTION TO REVISE SECTION 104-18 TO SUBSTITUTE THE THE CHAIRPERSONS OF THE PLANNING AND ZONING COMMISSION, THE ZONING BOARD OF ADJUSTMENT, THE PARKS AND RECREATION BOARD, THE KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION AND THE SUBSTANDARD BUILDING BOARD SERVING AS THE GAS BOARD OF ApPEALS. COUNCILWOMAN JOHNSON SECONDED THE AMENDMENT. Mayor Pro Tem Welch clarified the Gas Board of Appeals would elect their chair. MOTION TO APPROVE AMENDMENT CARRIED 5-2 WITH COUNCILWOMEN COX, JOHNSON, BIELlK, COUNCILMAN WHITSON AND MAYOR PRO TEM WELCH VOTING FOR APPROVAL AND COUNCILWOMAN COMPTON AND COUNCILMAN LEWIS VOTING AGAINST AMENDMENT. MOTION TO APPROVE THE MAIN MOTION CARRIED 7-0. 18. GN 2005-118 APPROVE RESOLUTION TO CAST BALLOT FOR TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS - RESOLUTION NO. 2005-085 APPROVED Nature of request is to consider approval of resolution casting North Richland Hills 41 votes for John Henry Clanton to the Tarrant Appraisal District Board of Directors for a two-year term beginning January 1, 2006. Budget Director Drew Corn was available to answer questions from council COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION NO. 2005-085. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 19. GN 2005-122 CONSIDER RECOMMENDATION FROM THE NAMING BOARD FOR THE FUTURE DOG PARK LOCATED WITHIN NORTHFIELD PARK - RESOLUTION NO. 2005-088 APPROVED City Council Minutes November 14, 2005 Page 15 Nature of request is to consider recommendation of the Naming Board to name the city's future dog park to Tipps Canine Hollow at Northfield Park. Councilwoman Compton presented council with the Naming Board's recommendation. Councilwoman Compton advised council the Tipps family are long-time residents of North Richland Hills and have served the community as board members of the Park and Recreation Board, Keep North Richland Hills Beautiful Commission and as an educator and counselor with the Birdville Independent School District. Councilwoman Compton advised Tracye Tipps was instrumental in the development of the dog park. COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2005-122 AND RESOLUTION No. 2005- 088. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 20. GN 2005-119 APPROVE RESOLUTION SUPPORTING THE REGIONAL TRANSIT INITIATIVE - RESOLUTION NO. 2005-086 APPROVED Nature of request is to consider resolution supporting the regional transit initiative. The regional transit initiative addresses the region's rail transit needs, rail funding requirements and institutional arrangements to meet the needs of the region's rail transit. Public Works Director Mike Curtis was available to answer questions from council. Mayor Trevino advised Proposition 1 of the State Constitutional Election approved by the voters of Texas will be used to help move the big freight trains outside of city areas and will provide high rail the Northeast area. Mayor Trevino mentioned that North Richland Hills will have two rail stations. MAYOR PRO TEM WELCH MOVED TO APPROVE GN 2005-119. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 21. GN 2005-123 APPROVE RESOLUTION REQUIRING ATMOS MID-TEX DIVISION TO JUSTIFY RATES-RESOLUTION NO. 2005-089 APPROVED City Council Minutes November 14, 2005 Page 16 Nature of request is to consider approval of resolution requiring Atmos Mid-Tex Division to file a rate filing package with the city in order for the city to determine whether Atmos' rates are reasonable. Managing Director Karen Bostic advised council the consortium of cities which North Richland Hills belongs to has reviewed financial information from Atmos in reference to their two Gas Reliability Infrastructure Program (GRIP) rate adjustments. The consortium is of the belief that Atmos is over-earning and has recommended that each city approve and file a "Show Cause" resolution with Atmos. The resolution will require a filing based upon a test year ending June 30, 2005 and to file with the city by December 31,2005. The resolution will require Atmos to file on a system-wide basis and in a form consistent from city to city. Any expenses associated with the rate case for the cities to review the filing and by their participation in appeals are reimbursable by Atmos to the cities, with the reimbursement to be made on a monthly basis. COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION NO. 2005-089. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 22. INFORMATION AND REPORTS Councilwoman Bielik made the following announcements. City offices will be closed on Thursday and Friday, November 24 and 25, in observance of the Thanksgiving holiday. Garbage and recycling will not be collected on Thanksgiving Day, but will instead by collected on Friday. The November 28 City Council Meeting has been cancelled. The next Council Meeting will be held on December 12. The City of North Richland Hills is seeking volunteers to help with A Night of Holiday Magic on Saturday, December 3. Volunteers will assist in supervising activities in and around the children's tent. Individuals 16 years and older and community groups are invited to participate. For more information about volunteer opportunities, please contact Kathye McCall at 817-281-9267. Kudos Korner - Jesse Byrd and Jorden Keefer, Public Works Department Utility Division - A call was received from a resident expressing appreciation for the way Jesse Byrd and Jorden Keefer repaired a sinkhole around her water meter box. The resident said the employees responded quickly and did excellent work. City Council Minutes November 14, 2005 Page 17 23. ADJOURNMENT Mayor Trevino adjourned the meeting at 9: 15 . . ,\.,.,'t.... H""'II" ", ð\l".wL .4A.;~ """ ,:l~~ ~.=.!.~~'+ W:.",; ..~'.. .. ~ ,~. .., ¡ .- ~T: ..... ~~ ~r . \.~ \: . fÍ4~ ~Qtr1~J:tu.tso~".~' City Secretary "II", .- ..,.' lIIIIiIII''''''\'