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HomeMy WebLinkAboutCC 2003-07-14 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 - JULY 14, 2003 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 14th day of July, 2003 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Timothy J. Welch Staff Members: Larry J. Cunningham Greg Vick Karen Bostic Paulette Hartman Patricia Hutson Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Clay Caruthers Patrick Hillis Dave Green Call to Order Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Councilman City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Communications Director Budget Manager Human Resources Director Zoning Administrator Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m. 1. Discuss Items from Reqular July 14, 2003 City Council Meetinq Agenda Item NO.7 - GN 2003-077 - Mayor Trevino advised it was anticipated that a number of builders would be present to explain their position on the issue. Mr. Jim Lattimore, Trinity Waste, will also be present. Staff met with Trinity Waste on Friday and they are in the process of resolving the issues to the benefit of the builders and Trinity Waste. Council was requested to postpone discussion and action on the item for City Council Minutes July 14, 2003 Page 2 two weeks to allow an agreement to be reached between the City and Trinity. Consensus of the Council was to postpone the item for two weeks. Agenda Item No. 18 - GN 2003-076 - Mayor Trevino advised that he requested the Attorney to include language in the ordinance that would not allow citizens comments on matters which are scheduled for consideration by Council or another city board or commission at a later date. Council concurred with the revised ordinance. 2. IR 2003-074 Use of Council Chambers for Tarrant County Votinq Activities Ms. Patricia Hutson, City Secretary, advised Council that Tarrant County Elections was requesting the use of City Hall for early voting activities for the September 13 Constitutional Amendment election. Council was advised of a conflict on September 8 when early voting will be conducted until 7:00 p.m. Because September 8 is also a regular Council meeting night, Council would need to delay calling to order the council meeting at 7:00 p.m. until the last voter in line at 7:00 p.m. has voted and the county has secured the election equipment. Council did not have a problem delaying the meeting and agreed to work with the County. 3. IR 2003-075 Discussjon ReQardinQ Sidewalk Paintinq Ordinance Councilman Welch advised he requested this item be placed on the agenda for discussion in light of a recent newspaper article about a situation in Arlington where a citizen complained to the city about neighbors painting the sidewalk in front of their residences. Because Arlington did not have any ordinances to prevent the painting of sidewalks, Councilman Welch asked City Staff if North Richland Hills would be able to prevent a similar situation. A research of city ordinances and codes has determined that the City does not have any ordinances that would prevent an individual from painting a public sidewalk. Staff advised they have been working with the City Attorney to draft an ordinance that will prohibit any kind of permanent painting of a sidewalk. Staff requested input and direction from Council. Council consensus was for Staff to bring the draft ordinance to Council for consideration. 4. IR 2003-076 Davis Boulevard Restripinq Project Update Mr. Mike Curtis, Public Works Director, updated the Council on the TxDOT project to restripe Davis Boulevard from Emerald Hills to Starnes Road from 5 to 7 lanes. Council was also updated on the Mid-Cities / Davis Boulevard intersection improvements. Staff briefed the Council on the timeline for the two projects and explained the issues causing a delay in the Davis Boulevard project. TxDOT feels that both projects need to be designed and constructed together to provide additional funds and better sequencing of the work. TxDOT wants the intersection improvements made prior to the restriping of the Davis Boulevard project. If the City is interested in doing both projects together, the State will participate in the restriping project. However if the City does not want to do the intersection improvements first, the State is not interested in participating City Council Minutes July 14, 2003 Page 3 in the restriping project at this time. The City has two options - 1) Proceed with the restriping project now and pay all TxDOT cost or 2) include the Mid Cities / Davis Boulevard intersection improvements with the restriping project. City and TxDOT will each pay their cost, but the restriping of Davis Boulevard will take approximately one or two years longer to complete. Council discussed the financial benefits of combining the two projects even though it will mean delaying the restriping of Davis Boulevard. Councilman Lewis expressed safety concerns regarding the flow of traffic with the additional traffic lanes on Davis Boulevard and the speed limit remaining at 50 mph. Staff advised that the speed limit is a TxDOT issue and will be reevaluated by TxDOT after the improvements are completed. The consensus of the Council was to combine the two projects unless the City receives a better offer from TxDOT. Council was advised that the CIP budget for the upcoming year will show the projects as two separate projects with the dates being the same and reference made that the two projects will be completed together. The traffic flow and speed limit will be revisited later and if necessary, petition TxDOT at the point of the restriping. 5. IR 2003-073 State Leqislative Update Mr. Greg Vick, Assistant City Manager, highlighted legislative bills that were of priority to the City that were sent to the Governor for his signature. Mr. Vick also discussed other bills of interest to the City that were signed by the Governor. Adjournment Mayor Trevino announced at 6:50 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 July 14, 2003 at 7:03 p.m. ROLL CALL Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Mayor Mayor Pro T em Councilman Councilman Councilman Councilwoman Councilman City Council Minutes July 14, 2003 Page 4 Timothy J. Welch Councilman Staff: Larry J. Cunningham Greg Vick Karen Bostic Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary Attorney 2. INVOCATION Councilwoman Johnson gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilwoman Johnson led the pledge of allegiance. 4. SPECIAL PRESENTATIONS None. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE JUNE 23, 2003 COUNCIL MEETING B. PS 2003-21 CONSIDERATION OF A REQUEST FROM QUICKTRIP CORPORATION FOR THE APPROVAL OF THE FINAL PLAT OF LOT 1, BLOCK A Q.T. 855 ADDITION LOCATED IN THE 6300 BLOCK OF DAVIS BOULEVARD (2.447 ACRES) C. PS 2003-23 CONSIDERATION OF A REQUEST FROM J & J NRH 100 FAMILY PARTNERSHIP FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 1-58, BLOCK City Council Minutes July 14, 2003 Page 5 1 FOREST GLENN WEST ADDITION LOCATED IN THE 7800 BLOCK OF SMITHFIELD ROAD (21.453 ACRES) D. PS 2003-25 CONSIDERATION OF A REQUEST FROM CIVILWORKS ENGINEERING FOR THE APPROVAL OF THE FINAL PLAT OF LOT 1 R, BLOCK 18 CLEAR VIEW ADDITION 2ND SECTION LOCATED IN THE 5100 BLOCK OF DAVIS BOULEVARD (.548 ACRES) E. PS 2003-26 CONSIDERATION OF A REQUEST FROM BRITTAIN & CRAWFORD ON BEHALF OF TARRANT COUNTY FOR THE APPROVAL OF THE FINAL PLAT OF LOT 1, BLOCK 1 TARRANT COUNTY NORTHEAST MAINTENANCE CENTER ADDITION LOCATED IN THE 7300 BLOCK OF PRECINCT LINE ROAD (5.346 ACRES) F. GN 2003-072 APPROVE A PERMANENT DRAINAGE EASEMENT TO TARRANT COUNTY (TARRANT COUNTY NORTHEAST MAINTENANCE CENTER, BLOCK 1, LOT 1) G. PU 2003-034 APPROVE RESOLUTION NO. 2003-057 FOR THE PURCHASE OF LIABILITY AND WORKERS' COMPENSATION STOP LOSS INSURANCE H. PU 2003-035 AUTHORIZE CONTRACT FOR WATER METER WITH ATLAS UTILITY SUPPLY COMPANY - RESOLUTION NO. 2003-056 I. PW 2003-008 APPROVE ANNUAL INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR NORTH TARRANT PARKWAY - RESOLUTION NO. 2003-058 COUNCILWOMAN JOHNSON MOVED, SECONDED BY MAYOR PRO TEM TOLBERT TO APPROVE THE CONSENT AGENDA. Motion to approve carried 7-0. 7. GN 2003-077 REVISE GARBAGE COLLECTION - ORDINANCE NO. 2715 POSTPONED Mayor Trevino advised this item will be postponed for two weeks. Council would prefer to wait until the item is brought back to hear any discussion or comments. The builders who were present were advised to forward to the City Manager for distribution to the City Council any information they have with them that they would like to present. Karen Bostic, Managing Director of Administrative and Fiscal Services, advised council Ordinance No. 2688 was passed in February. The ordinance required that containers be present at all residential construction sites and also required that containers be required by Trinity Waste. Once the ordinance was passed Building Inspections sent City Council Minutes July 14, 2003 Page 6 out notices to builders to advice of the new requirement that they use Trinity Waste for the residential construction debris. Staff received telephone calls from builders regarding the new requirement. Pulte Homes has a contractor who cleans their site and loads and hauls the trash. Staff met with Trinity Waste to discuss the concerns of the builders to see if an amicable agreement can be reached. The City Attorney reviewed the contract to determine if the "turn key" service would not violate the contract with Trinity Waste. The City Attorney concluded that allowing this type of service would not violate the contract because it is a service not provided by Trinity Waste. Turn Key is defined as a company who's primary business is cleaning the site, provides their own containers, keep site clean, load debris in container and haul containers off site. The ordinance before council tonight is to allow the "turn key" service. Staff has also included the cost for the service of $100.00 per year, plus $15.00 for each residential homestead. This is approximately the amount Trinity Waste pays to the City in franchise fees. The turn key service will only be allowed to those businesses whose primary business is to clean up and haul off debris from construction sites. COUNCILWOMAN JOHNSON MOVED TO POSTPONE G N 2003-077, ORDINANCE No. 2715 FOR TWO WEEKS. COUNCILMAN WELCH SECONDED THE MOTION. Motion to postpone carried 7-0. 8. PZ 2003-14 PUBLIC HEARING TO CONSIDER A REQUEST FROM MARVIN AND JILL SMITH FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1' RESIDENTIAL LOCATED AT 7600 DOUGLAS LANE (2.980 ACRES)- ORDINANCE NO. 2718 APPROVED Mr. Greg Dickens, representing the applicants, Marvin and Jill Smith, presented request to change the zoning from agricultural to residential. Mr. Dave Green, Zoning Administrator, advised the site is currently zoned agricultural and not platted. The applicant is wanting to demolish an existing single family residence and replace it with a new residence. Residential structures are not permitted under the current zoning. The Planning & Zoning Commission recommended approval on June 19, 2003 by a vote of 6-0. Mayor Trevino opened the public hearing and called for anyone wishing to speak in favor or opposition to the request to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. City Council Minutes July 14, 2003 Page 7 COUNCILMAN TURNAGE MOVED TO APPROVE PZ 2003-14. COUNCILMAN METTS SECONDED THE MOTION. Motion to approve carried 7-0. 9. PZ 2003-16 PUBLIC HEARING TO CONSIDER A REQUEST FROM JAMES RIGSBY FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL LOCATED AT 8929 RUMFIELD ROAD (1.00 ACRE) - ORDINANCE NO. 2719 APPROVED Mayor Trevino opened the Public Hearing and called for the applicant to present request. The applicant or a representative of the applicant was not present to present the case. Mayor advised of Council policy that applicants are required to be present at Council meetings to present their requests. MAYOR PRO TEM TOLBERT MOVED TO CONTINUE THE PUBLIC HEARING TO THE NEXT CITY COUNCIL MEETING. COUNCILMAN WHITSON SECONDED THE MOTION. Motion to continue the public hearing carried 7-0. (Note: Applicant was present later in the meeting and Council reconsidered and heard the request at the end of the meeting.) 10. PS 2003-15 PUBLIC HEARING TO CONSIDER A REQUEST FROM HOME TOWN NRH FOR THE APPROVAL OF A RESIDENTIAL REPLAT OF LOT 1R, BLOCK WW AND LOT 62R, BLOCK 1 OF HOME TOWN PHASE II ADDITION LOCATED IN THE 8500 BLOCK OF BALLPARK ROAD (1.076 ACRES). APPROVED Mayor Trevino opened the Public Hearing and called for the applicant to present the request. Mr. Jeff Miles, Jones and Boyd, Inc., representing the applicant presented the request to change the current lot boundaries in order to extend Newman Drive and tie it into Ballpark Road. City Council Minutes July 14, 2003 Page 8 Mr. Dave Green, Zoning Administrator, advised that all of Public Works' requirements had been addressed. The Planning and Zoning Commission recommended approval on June 19, 2003 by a vote of 6-0. Mayor Trevino called for anyone wishing to speak in favor of or opposition to the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN LEWIS MOVED TO APPROVE PS 2003-15, THE FINAL PLAT OF LOT 1 R, BLOCK WW AND LOT 62R, BLOCK 1 OF HOME TOWN PHASE n ADDITION. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 7-0. 11. PZ 2003-13 PUBLIC HEARING TO CONSIDER A REQUEST FROM DICKERSON DEVELOPMENT FOR A ZONING CHANGE FROM "C-2" COMMERCIAL TO "PD" PLANNED DEVELOPMENT FOR "C-2" USES AT THE NORTHEAST CORNER OF THE INTERSECTION OF RUFE SNOW DRIVE AND MID-CITIES BOULEVARD (1.124 ACRES) - ORDINANCE NO. 2717 APPROVED Mayor Trevino opened the Public Hearing and called for the applicant to present the request. Mr. John Dickerson, Dickerson Development, presented request to demolish an existing retail building and replace it with an Eckerd's Drug Store. Mr. Dickerson presented their plans for the site. Mr. Dave Green, Zoning Administrator, advised request is a redevelopment planned development and that the applicant is requesting a zoning change to Planned Development because of variances that are needed to develop the site. Council was advised that access will be provided by existing common access easements from the adjacent shopping center and the existing access points onto Rufe Snow and Mid Cities will be eliminated. Variances requested are: · Building set back - a 25-foot setback is required from both the Rufe Snow Drive and Mid Cities frontages. A variance is requested on the Mid-Cities frontage. On the Mid-Cities frontage a canopy covering the drop-off and pick- up driving lane will permit only an 8-foot setback. City Council Minutes July 14, 2003 Page 9 · Signage - Applicant is requesting a variance to permit a third wall sign on the northern building elevation which does not have street frontage or a public entrance. Regulations permit will signs on a maximum of two walls and are permitted only on walls that face public street or above public entrances. · Landscaping - Applicant is requesting a variance from the 15-foot setback required on Rufe Snow Drive and Mid Cities Boulevard frontages. Applicant proposes a 2' 6" setback along Mid Cities and no setback along Rufe Snow Drive with screening shrubs along both street frontages. Applicant is also requesting a variance from the recommended list of street trees and is proposing ornamental trees (crepe myrtles). Mr. Green advised the Planning & Zoning Commission recommended approval on June 19 by a vote of 6-0 with the following stipulations: · include an elevation of the proposed monument signs on the site plan · remove the reference on the site plan for an alternate sign location. The applicant has submitted a revised site plan addressing the stipulations. Mr. Green advised that staff has continued to work with the applicant since approval by the Planning & Zoning Commission and included in the Council packet is a letter from their engineer, Mr. Jackey Fluitt, addressing additional staff concerns. Mr. Fluitt's letter advised they would replace the crepe myrtles along the street frontages with treeform wax myrtles. They will also address the issue of the location of loading areas at the rear of the building on the building elevations at the time building permit is requested. Mr. Green advised staff recommends approval subject to the issues outlined in the letter from Jackey Fluitt. Mr. Dickerson answered questions from the Council. Councilwoman Johnson advised she would like for the trees to be one-half crepe myrtles and one-half treeform wax myrtles. Councilman Welch requested the applicant to revise the C-1 references on the documents to C-2. Mayor Trevino called for anyone wishing to speak for or in opposition to the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE PZ 2003-13 WITH 75% CREPE MYRTLES TO 25% TREEFORM WAX MYRTLES AND WITH REVISIONS AS NOTED IN JACKEY FLUITT'S LETTER. MAYOR PRO TEM TOLBERT SECONDED THE MOTION. City Council Minutes July 14, 2003 Page 10 Motion to approve carried 7-0. 12. PS 2003-29 CONSIDERATION OF A REQUEST FROM DICKERSON DEVELOPMENT FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 1-R & 2-R, BLOCK 1 NORTH PARK PLAZA ADDITION LOCATED IN THE 6300 BLOCK OF RUFE SNOW DRIVE (6.185 ACRES) APPROVED Mr. John Dickerson, applicant, presented request to change the boundaries between the existing retail shopping center and the proposed Eckerds. Mr. Dave Green, Zoning Administrator, presented staff recommendations and advised that the Planning and Zoning Commission recommended approval on June 19 by a vote of 6-0. COUNCILMAN WELCH MOVED TO APPROVE PS 2003-29, FINAL PLAT OF LOTS 1-R AND 2-R, BLOCK 1 NORTH PARK PLAZA ADDITION. COUNCILMAN WHITSON SECONDED THE MOTION. Motion to approve carried 7-0. 13. SRB 2003-05 PUBLIC HEARING TO CONSIDER A VARIANCE REQUEST FROM CHANDLER SIGNS, ON BEHALF OF BANK OF AMERICA, FROM ORDINANCE NO. 2640, SIGN REGULATIONS AT 8612 DAVIS BOULEVARD APPROVED Mayor Trevino opened the Public Hearing and called for applicant to present the request. A representative from Chandler Signs explained their request for four wall signs and additional verbiage on four directional signs. Mr. Dave Green, Zoning Administrator, advised the Sign Review Committee reviewed the request and recommends: · Wall signs on the front and the two sides of the building that are visible from Davis Boulevard and Precinct Line Road. No wall sign to be permitted on the rear of the building (side facing Target) · Reduce the number of traffic control signs from four to two signs to be located on the interior of the site (location of signs N2 and N4). Signs proposed in the Davis City Council Minutes July 14, 2003 Page 11 Boulevard and Precinct Line rights-of-ways not be allowed. The committee was not concerned with the verbiage but the number. Verbiage would be permitted similar to illustration for sign N2. Mayor Trevino called for anyone wishing to speak for or in opposition to the request to come forward. There being no one wishing to speak Mayor Trevino closed the Public Hearing. COUNCILMAN WELCH MOVED TO APPROVE SRB 2003-05 SUBJECT TO THE REMOVAL OF THE (EXTERIOR TRAFFIC CONTROL) SIGN OFF OF PRECINCT LINE AND THE (EXTERIOR TRAFFIC CONTROL) SIGN OFF OF DAVIS BOULEVARD AND ELIMINATION OF THE (WALL) SIGN ON THE BACK OF THE BUILDING WHICH FACES TARGET. MAYOR PRO TEM TOLBERT SECONDED THE MOTION. Motion to approve carried 7-0. 14. GN 2003-073 APPOINTMENTS TO CIP COMMITTEE APPROVED Mayor Trevino advised he was recommending for appointment to the CIP Committee Councilman Tim Welch to fill the vacancy by Councilman Lyle Welch. Other members currently on the committee are Councilwoman Johnson, Mayor Pro Tem Tolbert and the Mayor. Mayor Trevino advised he was also recommending the appointment of Councilman Welch as Chair of the committee. COUNCILMAN METTS MOVED TO APPROVE GN 2003-73 APPROVING THE MAYOR'S RECOMMENDATION TO APPOINT COUNCILMAN TIM WELCH TO THE CIP COMMITTEE AND ALSO AS CHAIR OF THE COMMITTEE. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 7-0. 15. GN 2003-074 APPOINTMENTS TO BOARDS/COMMISSIONS (PLACES 1, 3, 5 & 7 & EX OFFICIO) APPROVED Mayor Pro Tem Tolbert advised the individuals serving in Places 1,3,5 and 7 on the city's boards and commissions terms of office expired June 30 and the alternate position on Keep NRH Beautiful Commission is vacant. The following nominations have been submitted to the Council for consideration for appointment to the City's boards and commissions: City Council Minutes July 14, 2003 Page 12 Keep North Richland Hills Beautiful Commission Place 1 John Paraskevas Place 3 Ruth Ann Smith Place 5 Rhonda Dolan Place 7 Holly Bullington Alternate Doug Stamps Board of Adjustment Place 1 Place 3 Place 5 Place 7 Substandard Building Board Place 1 Place 3 Place 5 Place 7 Library Board Place 1 Place 3 Place 5 Place 7 Park and Recreation Board Place 1 Place 3 Place 5 Place 7 term expires 6/30/2005 term expires 6/30/2005 term expires 6/30/2005 term expires 6/30/2005 term expires 6/30/2004 Leslie Jauregui Jim Kemp Tommy Duer Chris Putnam term expires 6/30/2005 term expires 6/30/2005 term expires 6/30/2005 term expires 6/30/2005 Garry Cope Michael Dean John Larriviere Bob McCary term expires 6/30/2005 term expires 6/30/2005 term expires 6/30/2005 term expires 6/30/2005 Polly Brinkley Mary Shilcutt Avis Crisp Eva Pereira term expires 6/30/2005 term expires 6/30/2005 term expires 6/30/2005 term expires 6/30/2005 Mark Haynes Brad Greene Marty Kusmierski Virginia Stencel term expires 6/30/2005 term expires 6/30/2005 term expires 6/30/2005 term expires 6/30/2005 Planning & Zoning Commission & Capital Improvement Advisory Committee Place 3 Don Bowen term expires 6/30/2005 Place 7 Ken Sapp term expires 6/30/2005 Teen Court Advisory Board Place 1 Place 3 Place 5 Place 7 Jennifer Martin Ronald Moore Cheri Walker Steve Cooper term expires 6/30/2004 term expires 6/30/2005 term expires 6/30/2005 term expires 6/30/2005 City Council Minutes July 14, 2003 Page 13 Mayor Pro Tem Tolbert also advised that the Mayor was recommending the appointment of Suzy Compton as Ex-officio member to the Planning & Zoning Commission, term to expire 6/30/2004. COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2003-074 AS PRESENTED WITH THE EXCEPTION OF THE APPOINTMENT OF DOUG STAMPS AS ALTERNATE TO KEEP NRH BEAUTIFUL COMMISSION. COUNCILMAN LEWIS SECONDED THE MOTION. Councilwoman Johnson advised she would be recommending the appointment of Mr. Stamps to Place 4 on the Teen Court Advisory Board at a future council meeting. Motion to approve carried 7-0. 16. GN 2003-075 APPOINTMENTS TO COUNCIL BOARDS APPROVED Ms. Patricia Hutson, City Secretary, informed council there are several boards in which Council nominates and approves appointments. Council was advised they needed to make appointments to the Animal Control Shelter Advisory Committee. The following members are serving on the Animal Shelter Committee. Place 1 - Licensed Veterinarian Place 2 - City Official Place 3- Employee of Animal Shelter Dr. Jed Ford Vacant Don Sharp term expired 6/30/2003 term expires 6/30/2004 term expired 6/30/2004 The recommendation is for council to reappoint the existing members to Places 1 and 3, term expiring 6/30/2005 and a member of Council to Place 2 to fill the unexpired term. COUNCIL NOMINATED COUNCILMAN SCOTT TURNAGE TO FILL THE POSITION OF PLACE 2, TERM EXPIRING 6/30/2004 AND REAPPOINTMENT OF DR. JED FORD TO PLACE 1 (TERM EXPIRING 6/30/2005) AND DON SHARP TO PLACE 3 (TERM EXPIRING 6/30/2005). Ms. Hutson advised that appointments to the Crime Control & Prevention District Board are to be made by council. Council members need to be appointed to Places 1, 3, 5 and 6 with terms to expire 9/1/2004. Currently serving in these places are - Place 1 vacated by Lyle E. Welch; Place 3 - Councilman Turnage; Place 5 - Councilman Metts, Jr; and Place 6 - Mayor Pro Tem Tolbert. Other Council members who are serving on this board whose terms have not yet expired are Councilman Whitson, Place 2, Councilwoman Johnson, Place 3, and Mayor Trevino, Place 7. COUNCILMAN TOLBERT NOMINATED COUNCILMAN LEWIS TO PLACE 1, COUNCILMAN TURNAGE TO PLACE 3, COUNCILMAN METTS TO PLACE 5 AND MAYOR PRO TEM TOLBERT TO PLACE 6. City Council Minutes July 14, 2003 Page 14 Ms. Hutson advised that appointments to Places 2, 4 and 6 on the Park and Recreation Facilities Development Corporation are needed by Council. Places 2 and 4 are designated for council member directors and Place 6 is designated for a citizen member director. Currently serving in these positions are Place 2 - vacated by former Councilmember Lyle E. Welch, Place 4 - Mayor Pro Tem Tolbert, and Place 6 - Citizen Member Mack Garvin. Members serving on this board whose terms have not yet expired are: Councilman Whitson, Place 1; Mayor Trevino, Place 3; Park Board Member Janie McGuigan, Place 5; and Park Board Member Brad Greene, Place 7. MAYOR PRO TEM TOLBERT NOMINATED COUNCILMAN LEWIS TO PLACE 2, MAYOR PRO TEM TOLBERT TO PLACE 4, AND PARK BOARD MEMBER MARK HAYNES TO PLACE 6, TERMS EXPIRING MAY 1, 2005. Ms Hutson advised the ordinance creating the Construction Code of Appeals Board states that appointments are recommended by City Staff and appointed by City Council. Appointments to this board must meet the requirement of technical expertise in construction fields. Staff is recommending the following appointments: Place 1 - Joe Crane (Master Electrician) Place 2 - Daron Gunter (Gunter Homes) Place 3 - Bill Manning (Electrical Engineer) Place 5 - Gary Rademacher (Architect) Place 7 - W.D. McCarthy (Master Mechanical Contractor) term expiring 6/30/2005 term expiring 6/30/2004 term expiring 6/30/2005 term expiring 6/30/2005 term expiring 6/30/2005 COUNCILMAN WHITSON MOVED TO APPROVE ALL NOMINATIONS AND RECOMMENDATIONS PRESENTED. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 7-0. 17. GN 2003-078 APPOINTMENTS TO CIVIL SERVICE COMMISSION APPROVED Mayor Trevino advised council he is recommending that the following be appointed to the Civil Service Commission. Place 1 Place 2 Place 3 Ex Officio Sally Bustamante Thomas Peterson Bill Fenimore Brent Barrow term expiring 6/30/2004 term expiring 6/30/2004 term expiring 6/30/2005 term expiring 7/30/2004 COUNCILMAN TURNAGE MOVED TO APPOINT MAYOR TREVINO'S RECOMMENDATIONS. COUNCILMAN LEWIS SECONDED THE MOTION. City Council Minutes July 14, 2003 Page 15 Motion to approve carried 7-0. RECONSIDERATION OF ITEM NO.9 Mayor Trevino advised council the applicant for item nine (9) arrived and he would consider a motion to reconsider PZ 2003-16. Councilwoman Johnson moved to reconsider PZ 2003-16. Councilman Turnage seconded the motion. Motion to reconsider PZ 2003-16 passed 7-0. 9. PZ 2003-16 PUBLIC HEARING TO CONSIDER A REQUEST FROM JAMES RIGSBY FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL LOCATED AT 8929 RUMFIELD ROAD (1.00 ACRE) - ORDINANCE NO. 2719 APPROVED Mayor Trevino opened the public hearing. Mr. James Rigsby, applicant, advised council he is seeking the zoning change so he can build a house. Mayor Trevino called for public comments. There being no one wishing to comment, Mayor Trevino closed the public hearing. Councilman Whitson asked Mr. Rigsby if he intended to keep animals. Mr. Rigsby advised that he intended to keep animals. COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE No. 2719, PZ 2003-16. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 7-0. 18. GN 2003-076 CONSIDERATION OF AMENDING COUNCIL RULES OF PROCEDURE - RESOLUTION NO. 2003-055 Mr. Cunningham advised council this item was discussed at the June 23 Pre-Council meeting to move the citizens' presentation section to the beginning of the meeting. In order to move the citizens' presentation it is necessary to amend the Council Rules of City Council Minutes July 14, 2003 Page 16 Procedure. An amendment must be introduced into record by resolution with the actual amendment to be approved by ordinance at the following council meeting. A suggestion was made to include additional text and a revised draft ordinance was prepared. The additional text is "presentations under citizens' comment are limited to items within the subject matter of the jurisdiction of the city. Citizen comments concerning matters, which are scheduled for consideration by the councilor another city board or commission at a later date will not be allowed. Those would be considered at the time they would come forward for discussion with counciL" Mayor Pro Tem Tolbert would like to include the comment, "if all citizens can not be heard in the twenty (20) minute time limit the remainder will then speak at the end of the council meeting." Mayor Pro Tem Tolbert asked if the verbiage where Mayor Trevino advises citizens of guidelines to address council be included in the ordinance or would it be handled as a matter of policy. Mr. Cunningham advised council he would suggest it be handled as a matter of policy, since the Mayor reads guidelines at the beginning of citizens' presentation. Mayor Trevino reiterated that Councilman Lewis wanted to include comments in the brochure. Mayor Pro Tem Tolbert believes that citizens may not hear the guidelines. City Attorney George Staples advised council there is not a requirement that there be any public comment at any meeting. Councilman Whitson asked if the public would be able to comment on an item listed on the agenda even if it is not a public hearing. Mr. Staples said the draft ordinance addresses his concern. MAYOR PRO TEM TOLBERT MOVED TO CONSIDER THIS RESOLUTION AT THE NEXT MEETING. COUNCILMAN LEWIS SECONDED THE MOTION. Mr. Staples advised council for a clarification because he believed council wanted an amendment. Mayor Pro Tem Tolbert thought the ordinance said it would be placed on the next council meeting for approval. He thought it meant that council could edit the ordinance at that time. Mr. Staples said council could edit ordinance at the meeting, but prefer council edit the draft ordinance tonight. City Council Minutes July 14, 2003 Page 17 MAYOR PRO TEM TOLBERT AMENDED HIS MOTION TO INCLUDE THE VERBIAGE THAT THE MAYOR WILL ADVISE CITIZEN'S WISHING TO MAKE PRESENTATIONS AS TO THEIR RIGHTS, RESPONSIBILITIES AND LIMITATIONS AND INCLUDE REVISIONS FROM STAFF, AND IF CITIZEN PRESENTATIONS CAN NOT BE HEARD IN THE ALLOTTED TWENTY (20) MINUTES THAT THE REMAINDER MAY BE HEARD AT THE END OF THE MEETING. Councilman Lewis accepted the amendment. Motion to approve carried 7-0. 19. A) CITIZENS PRESENTATION Ms. Renee Mosley, 7200 Hanging Cliff Place, advised the Council of a code enforcement problem at 7204 Hanging Cliff. Ms. Mosely advised she was also representing her neighbors. The problem has been brought to Code Enforcement's attention, but has not been resolved. Ms. Mosley explained the back yard had not been cut in over a year, a large trough in the back was harboring rodents, mosquitoes, etc and the house was in disrepair. Ms. Mosley was advised that the City Manager would have someone contact her to discuss the problem. B) INFORMATION AND REPORTS Councilman Turnage made the following announcements. We need volunteers for the Games of Texas, which is a competition among Texas' Olympic hopefuls and recreational athletes. Participants range in age from four to eighty-four! The events include over 18 sports including baseball, bowling, golf, tennis and much more! This is a very prestigious event that North Richland Hills is proud to be a participating member. If you would like to volunteer for this event, call our Recreation Center at 817-427-6623 or email Sharon DavisatsDAvlscĹ“NRHTX.COM. Yard of the Month nominations for July are due by July 20th. Call Environmental Services to nominate your neighbor today! 817-427-6650. Reqistration for Fall Recreation Classes begins on August 1st. You should be receiving the next Time of Your Life brochure in the mail in the next couple weeks which will outline the classes available. Julv 18 Dive In Movie NRH20 Water Park July 19 Critter Connection North Hills Mall City Council Minutes July 14, 2003 Page 18 9:00 p.m. 10:00 a.m. - 6:00 p.m. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Employees of the Animal Adoption and Rescue Center - An email was received from a NRH resident expressing appreciation for the wonderful bobtailed Buford she received for her birthday from her husband. The efforts everyone is making at the Center is so touching. Having such caring city employees makes living in North Richland Hills a source of pride. 20. ADJOURNMENT MayorTrevi'l~ adjou. med the meeting at 8:~~ \"\'~/"I ...." 11'1' ",..t~ ............. ~"" ~s "-,,~., "';' '" "n .. ~ ~ .. . r ~ :. --:. -'. ¡~{ r \~.: Oscar Trevino - Mayor ~~ ST: h fs:ff. ~ \tC.: ll'~ ~ ~.v .._ V'".JI~ ~ ............ ~;¡f:.~~ Patricia Hutson - City Secretary