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Home My WebLink AboutCC 2004-09-13 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 - SEPTEMBER 13, 2004 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 13th day of September, 2004 at 6:15 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino David Whitson John Lewis Jo Cox Frank Metts, Jr. JoAnn Johnson Nancy Bielik Timothy J. Welch Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Paulette Hartman Patricia Hutson George Staples John Pitstick Larry Koonce Mike Curtis Mary Edwards Tom Shockley Thomas Powell Dave Green JoAnn Stout Jim Starr Andy Jones Dave Pendley Vickie Loftice Call to Order Mayor Mayor Pro T em Councilman Councilwoman Councilman Councilwoman Councilwoman Councilman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary City Attorney Director of Development Finance Director Public Works Director Public Information Officer Police Chief Director of Building Services Director of Planning Director of Neighborhood Services Interim Park & Recreation Director Fire Chief Building Official Assistant Park & Recreation Director Mayor Trevino called the Pre-Council meeting to order at 6:15 p.m. 1. Discuss Items from ReQular September 13. 2004 City Council MeetinQ Agenda Item 7f, GN 2004-087 - Councilman Metts stated that aluminum wiring was prohibited in the past and questioned if the proposed ordinance also prohibited City Council Minutes September 13, 2004 Page 2 aluminum wiring. Mr. Pendley confirmed that the use of aluminum wiring would not be allowed. Agenda Item 7b, FP 2004-02 - Councilwoman Bielik questioned the intersection of Grapevine Highway, Walker and Cardinal coming together. Mr. Curtis explained that the old Cardinal right-of-way was being abandoned and that only Walker would intersect with Grapevine Highway. 2. IR 2004-090 HiQhliQhts of Proposed Recreational Vehicle Ordinances (AQenda Items No. 10 & 11 ) Mr. Green gave a brief synopsis of the history of Ordinance Nos. 2749, 2751 and 2753 dealing with the parking and storage of recreational vehicles and trailers in residential areas. Mr. Green presented a PowerPoint presentation highlighting proposed Ordinance Nos. 2800 and 2801. Mr. Green explained the provisions of Ordinance No. 2800 will allow recreational vehicles in residential neighborhoods under certain conditions and Ordinance No. 2801 addresses the specific location of any vehicle on a residential lot in relation to a public street. Mr. Green advised that Staff recommends an implementation date of January 1, 2005 for Section 1 of Ordinance No. 2801. Staff answered questions from Council on the impact the ordinances would have on existing recreational vehicle owners, the provision in the ordinance prohibiting any vehicle over 7' in height parking within 9 %' of the street as measured from the back of the curb or from the edge of the street pavement if there is no curb and the protrusion of vehicles into the 9 %' setback. Staff explained no vehicle of any kind over 7' in height would be permitted to park within 9 %' of the street as measured from the back of the street curb or from the edge of the street pavement if no curb. Staff explained that the elevated portion of 5th wheel trailers (gooseneck) could project into the 9 %' setback if the bottom of the elevated portion is at least 5' above the ground. Staff explained that the tongue portion of a trailer could also extend into the 9 %' setback. Formal action was taken during the regular council meeting. 3. IR 2004-089 Canvass Date for September 11.2004 Election Ms. Hutson advised the Council that the canvass of the September 11, 2004 election had been set for Monday, September 20 at 6:00 p.m. 4. IR 2004-091 Discuss City ReQulations for Hours of Sale of Alcoholic BeveraQe Sales Mr. Staples explained that the recent approval of wine sales and changes made by the last legislature makes it necessary for Council to consider an ordinance that will regulate hours of sale for wine and regulate late hour sales. The proposed ordinance will conform the city's regulations to the State's regulations. An item will be placed on the next agenda for Council to take formal action on the ordinance. City Council Minutes September 13, 2004 Page 3 5. Adjournment Mayor Trevino announced at 6:46 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 September 13, 2004 at 7:00 p.m. ROLL CALL Present: Oscar Trevino David Whitson John Lewis Jo Cox Frank Metts, Jr. JoAnn Johnson Nancy Bielik Timothy J. Welch Mayor Mayor Pro Tem Councilman Councilwoman Councilman Councilwoman Councilwoman Councilman Staff: Larry J. Cunningham Patricia Hutson George Staples City Manager City Secretary Attorney 2. INVOCATION Mayor Pro Tem Whitson gave the invocation. 3. PLEDGE OF ALLEGIANCE Mayor Pro Tem Whitson led the pledge of allegiance. 4. SPECIAL PRESENTATIONS None. City Council Minutes September 13, 2004 Page 4 5. CITIZENS PRESENTATION Mr. Ken Sapp, 8312 Thornway Court, spoke on the recent election on the senior tax freeze and senior tax exemptions. Mr. Sapp felt that if the focus had been on the solution and not the problem the focus now would be on those senior and disabled residents that neither a tax freeze or tax exemptions will help. Mr. Sapp stated that to help those seniors additional available resources will have to be marshaled such as volunteer efforts, city services and organized charities. Mr. Sapp stated he would be happy to participate in such efforts. Mr. Ken Jendel, 8017 Valley Drive, representing 10 individuals who acknowledged they were present in the audience, advised it had come to their attention that a contract of sales had been signed for the agriculturally zoned property located at 7308 Continental Trail for the purpose of building a 5,000 square foot hydroponics greenhouse. Mr. Jendel provided the Council with a packet of information relevant to the topic. Mr. Jendel stated that such use is in violation of restrictions found in city ordinances and that the commercial venture would affect property values and way of life. Mr. Jendel expressed concerns with truck traffic, noise pollution and discharge of water and chemicals into the neighborhood as a result of such a venture. Mayor Trevino asked the City Manager to have Staff contact Mr. Jendel and for the City Attorney to review the packet of information provided to Council. Mr. Jeff Paul, 5125 Colorado Boulevard, asked those who supported the tax act of 2004 to come up with a plan to help the senior citizens in the community who do not own property. Mr. Paul stated those who live in apartment units will not receive the benefit of the senior tax freeze. Mr. Paul questioned what would be done to help those seniors who have given to the community and do not own property. Ms. Myrtis Byrd, 7312 Hialeah Circle, spoke on the senior tax freeze. Ms. Byrd stated that the City is not losing money because Tarrant Appraisal District raises values every year and that more support needed to be put towards Police and Fire Departments. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE AUGUST 23,2004 COUNCIL MEETING City Council Minutes September 13, 2004 Page 5 B. FP 2004-02 CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 25, LTD. TO APPROVE THE FINAL PLAT OF HOME TOWN EAST INFRASTRUCTURE 1 ADDITION (LOCATED EAST OF THE HOME TOWN LAKES -7.583 ACRES) C. RP 2004-07 CONSIDERATION OF A REQUEST FROM N3 CAPITAL TO APPROVE THE FINAL PLAT OF LOTS 2-R2 & 2-R3, BLOCK 13 SNOW HEIGHTS NORTH ADDITION BEING A REPLAT OF LOT 2-R, BLOCK 13 SNOW HEIGHTS NORTH ADDITION (LOCATED IN THE 5100 BLOCK OF RUFE SNOW DRIVE - .407 ACRES) D. GN 2004-081 APPROVAL OF 2004 CERTIFIED TAX ROLL - RESOLUTION 2004- 057 E. GN 2004-082 CONTRACT AUTHORIZING PASS THROUGH STATE GRANT AGREEMENT FOR NETS F. GN 2004-087 CONSIDER ADOPTION OF THE 2002 NATIONAL ELECTRICAL CODE - ORDINANCE NO. 2804 G. PAY 2004-001 AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT - RESOLUTION NO. 2004-063 H. PAY 2004-002 AUTHORIZE PAYMENT TO MOTOROLA FOR ANNUAL MOBILE DATA TERMINAL SERVICE AGREEMENT - RESOLUTION NO. 2004-062 COUNCILWOMAN JOHNSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN LEWIS SECONDED THE MOTION. Motion to approve carried 7-0. 8. ZC 2004-04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BH CH GA LLC FOR A ZONING CHANGE FROM "AG" AGRICULTURAL DISTRICT TO "R-2" SINGLE FAMILY RESIDENTIAL DISTRICT (LOCATED AT 9200 NOB HILL DRIVE - 2.145 ACRES)- ORDINANCE NO. 2798 APPROVED Mayor Trevino opened the Public Hearing and advised that Councilman Welch would be abstaining from discussion and vote because of a conflict of interest. Councilman Welch is engineer of record for the project. Councilman Welch filed the appropriate conflict of interest affidavit with the City Secretary. City Council Minutes September 13, 2004 Page 6 Mr. Ted Brooks, 1905 Central Drive, representing the applicant presented the case and was available to answer questions. Mr. Brooks advised the property is located on Precinct Line behind the Nob Hill Subdivision. Mr. Brooks is proposing to develop the property as a residential subdivision. Mr. Dave Green, Director of Planning, presented the case summary and recommendations of the Planning and Zoning Commission. The applicant is requesting the rezoning of approximately 2 acres from agriculture to R-2 and is combining this site with another adjacent tract for the development of a 13-lot residential subdivision. The Planning and Zoning Commission recommended approval on August 19, 2004. Mayor Trevino called for anyone wishing to speak in opposition to the request to come forward. Mayor Pro Tem Whitson advised that Mark and Mary Fields, 6800 Nob Hill Court, do not wish to speak, but requested their opposition to the request be recorded. Mr. Mo Rabii, 9117 Nob Hill Drive, was opposed to Lot 18 in the Woodland Oaks Subdivision being incorporated into subdivision proposed by applicant. Mr. Jerry Moore, 9121 Nob Hill Drive was opposed to the lot in Woodland Oaks Subdivision being joined to proposed subdivision. Mayor Trevino called for anyone wishing to speak in favor to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN LEWIS MOVED TO APPROVE ZC 2004-04, ORDINANCE No. 2798. COUNCILMAN METTS SECONDED THE MOTION. After a brief discussion by Council, motion to approve carried 5-1-1; Mayor Pro Tem Whitson, Councilwomen Cox and Johnson, Councilmen Lewis and Metts voting for; Councilwoman Bielik voting against and Councilman Welch abstaining. 9. ZC 2004-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM J&J NRH 100 FLP FOR A ZONING CHANGE FROM "C-2" COMMERCIAL DISTRICT TO "R-2" RESIDENTIAL DISTRICT (LOCATED IN THE 7900-8000 BLOCK OF NORTH TARRANT PARKWAY - 5.619 ACRES) - ORDINANCE NO. 2799 APPROVED Mayor Trevino opened the public hearing. Mr. Owen Douglas Long, representing applicant, presented the case and was available to answer questions. City Council Minutes September 13, 2004 Page 7 Mr. Dave Green, Director of Planning, presented the case summary and the recommendation of the Planning & Zoning Commission. Applicant is proposing to combine this tract with adjacent R-2 property and develop a 22-lot single family subdivision. The existing zoning pattern in this property does not relate well to the current street pattern. The tract of land is situated between an existing residentially zoned tract and the Little Bear Creek Floodplain with less than 100 feet of frontage onto North Tarrant Parkway. The configuration and insufficient street frontage is not conducive to commercial development. In response to questions from Council, the Public Works Director addressed the traffic impact of the two streets coming out onto North Tarrant Parkway and future lighting on North Tarrant Parkway. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. MAYOR PRO TEM WHITSON MOVED TO APPROVE ORDINANCE No. 2799, ZC 2004-05. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 7-0. 10. TR 2004-04 PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, BY DEFINING AND RESTRICTING THE OUTSIDE STORAGE AND USE OF RECREATIONAL VEHICLES AND ESTABLISHING RESTRICTIONS ON OUTSIDE STORAGE OF OTHER ITEMS AND AMENDING SECTION 15-26(15) OF THE CODE OF ORDINANCES - ORDINANCE NO. 2800 APPROVED Mayor Trevino asked Council if they would be agreeable to hearing Items 10 and 11 together to alleviate citizen confusion on which item to address and allow Staff to combine presentation of the two items. Council was agreeable. Mayor Trevino opened the Public Hearings on TR 2004-04, Ordinance No. 2800 and TR 2004-05, Ordinance No. 2801 and asked staff to summarize the two items. Staff presented a PowerPoint presentation of the proposed ordinances. Mr. Dave Green gave a brief synopsis of the history of the previous recreational vehicle ordinances. Mr. Green highlighted Ordinance Nos. 2800 and 2801. Ordinance No. City Council Minutes September 13, 2004 Page 8 2800 regulates the use, quantity and location of recreational vehicles in recreational areas. Ordinance No. 2800 will permit recreational vehicles in residentially-zoned areas under certain conditions. The proposed ordinance permits existing recreational vehicles to remain parked or stored on residential lots as long as they do not violate existing regulations and provides the following definitions and criteria: · Definitions for recreational vehicles, front, side and rear yards, corner lot and improved surface; · Recreational vehicles shall not be used for living, sleeping, home occupation or household purposes when parked on a residential lot; · An exception is provided for those individuals that are not residents of the property to use and park a recreational vehicle in the driveway or on an approved surface for a period up to 16 consecutive days during a calendar year; · One recreational vehicle may be stored or parked in the front yard of a residence if located in the driveway or on an improved surface. The vehicle must be situation at a right angle to the adjacent street. Existing recreational vehicles meeting this criteria are permitted to remain; · One recreational vehicle may be stored or parked in a side yard of a residence if on an improved surface; · Any number of recreational vehicles may be stored or parked in the rear yard of a residence if located either on an improved surface or screened from public view by a 6' solid fence; · Recreational vehicles located in the rear yard of a residence are exempt from the provisions of the Nuisance Ordinance regarding screening and paved surfaces. The Planning & Zoning Commission recommended approval of proposed Ordinance No. 2800 on August 19, 2004. Ordinance No. 2801 establishes criteria for the location of any vehicle (including recreational vehicles), boats, trailers, campers or camper tops in residential areas and includes the following: · No vehicle, boat, trailer, camper or camper top more than 7' in height shall be parked, placed, or stored in any public right-of-way between the back of the street curb and a point 9 ~' back from the curb. If there is no street curb, then a point 9 ~' back from the edge of the street pavement; · Fifth wheel trailers may protrude into the 9 ~' setback if the elevated part of the trailer (gooseneck over the hitch) is elevated a minimum of 5' above the ground; · Regulations do not apply to street construction, maintenance and repair equipment, trucks, equipment and vehicles used by public service companies, and moving vans in the process of loading or unloading; · Repeals Section16-71 of the Code of Ordinances concerning the parking of vehicles on public streets; City Council Minutes September 13, 2004 Page 9 · Repeals Ordinance Nos. 2751 and 2753 regarding the parking of vehicles in residential areas. The Planning & Zoning Commission recommended approval of Ordinance No. 2801 on August 19, 2004. Staff recommends an implementation date of January 1, 2005 for Section 1 of proposed Ordinance No. 2801. Mr. Mike Curtis, Public Works Director, explained the reason for the 9 %' setback requirement and presented scenarios of line of sight on typical residential streets. Ms. JoAnn Stout, Neighborhood Services Director, reviewed the implementation process. Because Ordinance No. 2800 will become part of the Zoning Ordinance any existing recreational vehicle could be considered legally non-conforming and therefore can remain. In order for Code Enforcement to know if the property is legally non- conforming a registration process has been set in place. The registration process will require each existing recreational vehicle owner to fill out a registration form if they comply with Ordinance No. 2801. Ordinance No. 2800 allows all existing recreational vehicles to remain as they are today while Ordinance No. 2801 is retroactive. Allowances will be made for any vehicle taller than 7 feet to be 9 1/2' back of curb. Mr. Staples, City Attorney explained that legal non-conforming means that if it is legal today it will be legal tomorrow whether Council approves ordinance or not. Ms. Stout advised that Staff is recommending that Council consider changing the current enforcement date from October 1 to January 1 in order to allow citizens ample time to register their vehicles. Ms. Stout advised no fees are associated with the registration and that all properties that are legally non-conforming will be entered into a database and will be mapped so code officers will have the information available as they drive the neighborhoods. Any recreational vehicle after the passage of the ordinance will have to comply with the entirety of Ordinance Nos. 2800 and 2801. Once registration is received Code Enforcement will verify and confirm the location of the recreational vehicles on the property. Any vehicle currently obstructing the 9 %' setback restriction and taller than 7 feet will be asked to be relocated. Vehicles that protrude into the sidewalk area will also be asked to be relocated. Mr. Don Bowen, past Chair of Planning & Zoning Commission, briefed the Council on the work of the Commission, their concerns, research, considerations, public hearings held and citizen input received. After questions and comments from the Council, Mayor Trevino called for those wishing to speak in opposition to TR 2004-04, Ordinance No. 2800 or TR 2004-05, Ordinance No. 2801 to come forward. City Council Minutes September 13, 2004 Page 10 Mr. James Jenkins did not wish to speak but requested his opposition to Items 10 and 11 be recorded. The following individuals spoke in opposition: Ms. Patricia Christopher, 6708 Tabor - expressed concerns with the 9 %' setback and would like to see visiting recreational vehicles be allowed longer than 16 days. Mr. Wayne DeWitt, 6800 Fair Meadows Drive - was opposed to the 7' height and 9 %' setback restrictions. Mr. Herb Parsons, 7701 Turner - opposed to height and setback restrictions. Mr. Charles Johnson, 5721 Crestwood Circle West - opposed to Ordinance No. 2801; opposed to 9 %' setback. Ms. Beth Suter, 7817 Amy Lane - was not present but indicated on Public Meeting Appearance Card she was requesting to speak in opposition. Mr. Richard S. Kwityn, 8601 Crestview Drive - felt parking 35' motor homes between two residential properties with 3' between residential homes creates fire hazard. Mr. Maury Siskel, 4516 Cummings Drive - opposed to 9 %' setback. Ms. Patricia McCarley, 7500 Terry Court - opposed to 9 %' setback. Mr. Jimmy James, 7312 Dustin Court - felt it was not a safety issue. Mr. Starline Autrey, 5807 Crestwood Circle East - opposed to 9 %' setback. Mr. Mark Jones, 7121 Bahama Court - opposed to 9 %' setback. Mr. Bill Jackson, 5317 Scott Drive - opposed to 9 %' setback. Mr. Jeff Paul, 5125 Colorado Boulevard - in favor of ordinance overall but would like a 30 day time limit for visiting recreational vehicles. Mr. William E. Mays, 4124 Cummings Drive - opposed to 9 %' setback. Carey West, 7605 Woodhaven Drive - opposed to 9 %' setback. City Council Minutes September 13, 2004 Page 11 Mayor Pro Tem Whitson advised the City Secretary received 133 form letters from citizens in opposition requesting City Council change the 9 l'2' to 4' for properties without sidewalks. Form letters were received from: Rudy Zepeda, 4632 Cummings Drive East; Elenor Zepeda, 4632 Cummings Drive East; Richard Frazier, 4415 Mackey Drive; Mary E. Dilks, 7017 Manor Drive; Geraldine Smith, 4516 Vance Road; R. E. Bramlett, 4516 Vance Road; Becky Lea Therwood, 4521 Vance Road; Bobby McCown, 5020 Susan Lee Lane; Lanelle McCown, 5020 Susan Lee Lane; Norma Lewis, 7708 Turner Street; Donald R. Lewis, 7708 Turner Street; Sam Holland, 6800 Parkwood Drive; Brad Campbell, 6809 Inwood Drive; Marvin F. Miller, 6840 Parkwood Drive; Breland Wallace, 6809 North Park Drive; Lois Elaine Wallace, 6809 North Park Drive; Rei Lynn White, 7232 Windhaven; Robert White, 7232 Windhaven; Steven Goodrich, 7316 Oakland Lane; Brandi J. Goodrich, 7316 Oakland Lane; Christy Keesee, 7228 Windhaven; Cynthia King, 7048 Meadowview Terrace; Nathan King, 7048 Meadowview Terrace; Melanie Teague, 7036 Meadowview Terrace; James McClellan, 7028 Meadowview Terrace; Otha McClellan, 7028 Meadowview Terrace; Michele Yancey, 7028 Meadowview Terrace; Darsel L. Moore, 7028 Meadowview Terrace; Juanita F. Krug, 7504 Mike Court; Wayne Staples, 5429 Topper Drive; James Krug, 7504 Mike Court; Derek C. Whitener, 7444 Meadowview; Jocelyn Whitener, 7444 Meadowview; Grady R. Whitener, 7444 Meadowview; Eduardo Castillo, 5313 Scott Drive; Janice Barrett, P.O. Box 821181; Robert L. Barrett, 5517 Susan Lee Lane; Roxanne Robinson, 5501 Scott Drive; Bill McDonald, 5501 Scott Drive; D.J. Farr, Jr., 5509 Scott Drive; Stacy Farr, 5509 Scott Drive; Linda L. Griffith, 5513 Scott Drive; Cliff Griffith, 5513 Scott Drive; Linda S. Farr, 5509 Scott Drive; D.G. Farr, Sr., 5509 Scott Drive; Mike Spears, 5509 Scott Drive; John Fry, 5505 Scott Drive; Nga T Dang, 7508 Mike Court; Anh To Le, 7508 Mike Court; Cathy Bedford, 7104 Douglas Lane, Suong Conley, 7508 Mike Court; David A Conley, 7508 Mike Court; Joseph O'Donnell, 7500 Mike Court; Edith Greenwood, 7513 Noreast Drive; John Greenwood, 7513 Noreast Drive; Katherine W. O'Donnell, 7500 Mike Court; Kenneth Caldwell, 7501 Mike Court; Pamela Caldwell, 7501 Mike Court; Angel Swanson, 7712 Briarcliff Court; Christopher Swanson, 7712 Briarcliff Court; Barbara Grant, 7720 Noneman Drive; Katha Jackson, 7725 Briarcliff Court; Dena Rejcek, 6905 Briardale Drive; Brett Rejcek, 6905 Briardale Drive; Jackie B. Coe, 7717 Briarcliff Court; Mary T. Coe, 7717 Briarcliff Court; J.L. Whirley, 9212 Amundson Drive; Dana Whirley, 9212 Amundson Drive; Patricia A Sculley, 7721 Briarcliff Court; Roy D. Sculley, 7721 Briarcliff Court; Aubrey Davis, 5128 Colorado Boulevard; Jerree Frazier, 7713 Briarcliff Court; Troyce Ray Frazier, 7713 Briarcliff Court; Michael 1. Grant, 7720 Noneman Drive; John Sweet, 6941 Briardale Drive; William T. Tiroff, 5116 Colorado Boulevard; Shirley L. Tiroff, 5116 Colorado Boulevard; William J. Simon, 5201 Colorado Boulevard; Bobbie J. Simon, 5201 Colorado Boulevard; Bill Lampley, 6761 Green Acres Drive; Guy Collie, 6765 Fairmeadows; Wayne DeWitt, 6800 Fair Meadows; Larry Anderson, 6824 North Park; Rich Brannen, 6701 North Park Drive; Debbie Lawson, 6801 North Park; Starr Spence, 7500 Crosstimbers Lane; Don & Mickey Bingham, 6805 North Park Drive; Phyllis City Council Minutes September 13, 2004 Page 12 Moore, 6808 Parkwood; Pamela Pitts, 6741 North Park; Clare May, 4124 Cummings Drive; William E. May, 4124 Cummings Drive; Traci Abel, 4321 Mackey Drive; Ron Denson, 4321 Mackey Drive; Christopher Leland Creamier, 4315 Mackey Drive; V.A Christopher, 6708 Tabor Street; Stacy Christopher, 6718 Tabor Street; Edith McKenzie, 4517 Vance Road; Charles McKenzie, 4517 Vance Road; Michael L. Christopher, 6718 Tabor Street; Marcia Christopher, 7125 Douglas Lane; Joe W. Allgood, 6209 Abbott Avenue; David Taber, 7337 Timberidge; Loreen Lipton, 7720 Briarcliff Court; Sandy Swanberg, 7720 Briarcliff Court; Cheryl Jacoby, 7713 Amy Lane; Bruce Tucker, 6937 Post Oak Drive; Chester G. Milner, 5121 Karen Drive; Billie Milner, 5121 Karen Drive; Mary L. Wright, 7621 Hewitt Street; Daria Wright, 7621 Hewitt Street; Melinda S. Davis, 8808 Chilton Court; Diego Espinoza, 8304 Beverly Drive; Patricia L. Gass, 7421 Tunbridge Drive; Robert Gass, 7421 Tunbridge Drive; Alicia Espinoza, 8304 Beverly Drive; Trillus Young, 8001 Douglas Lane; Hillary Young, 8001 Douglas Lane; Debbie Pointer, 3521 Bewley Street; Jerry Pointer, 3521 Bewley Street; Ron West, 6304 Glenview Drive; Jonathan Orvig, 6748 Tabor Street; DeAnna Sielski, 6748 Tabor Street; Evelyn Maenner, 4317 Steven Street; Hollis W. Cate, 4412 Cummings Drive; Garel Pierce, 4317 Steven; Joe Maenner, 4317 Steven Street; Eldon Walker, 6636 Tabor; Mr. W. Slatter, 6641 Tabor Street; Rev. W.J. Slater, 6641 Tabor Street; Chester Christopher, 7125 Douglas Lane; Patrick Flaherty, 9109 Hialeah Circle South; Antonio Ballester, 7308 Meadowview Terrace; Robert Montoya, 4504 Cummings Drive. Mayor Trevino called for anyone wishing to speak in favor to please come forward. Ms. Hanna Clayton, 7240 Timberidge Drive did not wish to speak but requested to go on record as preferring original ordinance as written. Mayor Pro Tem Whitson advised emails had been received from Charles Wood and Lynn Land in support of the ordinances. There being no one else wishing to speak Mayor Trevino closed the public hearing. MAYOR PRO TEM WHITSON MOVED TO APPROVE ORDINANCE No. 2800, TR 2004-04. COUNCILMAN METTS SECONDED THE MOTION. Motion to approve carried 7-0. City Council Minutes September 13, 2004 Page 13 11. TR 2004-05 PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE REPEALING ORDINANCE NOS. 2751 AND 2753 AND AMENDING ARTICLE V OF CHAPTER 16, AMENDING SECTION 16-70, AND REPEALING SECTION 16-71 OF THE NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES BY REPLACING CERTAIN REGULATIONS OF RECREATIONAL VEHICLES, BOATS, TRAILERS, ETC. WITH MINIMUM DISTANCE RESTRICTIONS FROM PUBLIC STREETS- ORDINANCE NO. 2801 APPROVED Discussion and Public Hearing was combined with Item NO.1 O. COUNCILWOMAN BIELlK MOVED TO APPROVE ORDINANCE No. 2801 WITH THE FOLLOWING CHANGES - CHANGE 9 %' SETBACK TO 4' AND IN SECTION 6 CHANGE ENFORCEMENT TO JANUARY 1, 2005. COUNCILWOMAN Cox SECONDED THE MOTION. Motion failed 4-3; Councilwomen Cox and Bielik and Councilman Welch voting for and Councilmen Lewis and Metts, Mayor Pro Tem Whitson and Councilwoman Johnson voting against the motion. COUNCILMAN METTS MOVED TO APPROVE ORDINANCE No. 2801 AS WRITTEN BY THE PLANNING & ZONING COMMISSION. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Councilwoman Cox asked that TR 2004-05 be amended and the setback from the street be changed from 9 ~' to 5 ~'. Councilman Metts did not accept the amendment. COUNCILWOMAN JOHNSON ASKED THAT TR 2004-05 BE AMENDED TO INCLUDE THE ENFORCEMENT DATE OF JANUARY 1,2005. Councilman Metts accepted the amendment. ATTORNEY STAPLES CLARIFIED THAT COUNCILWOMAN JOHNSON'S AMENDMENT ONLY APPLIED TO SECTION 1. COUNCILWOMAN JOHNSON AGREED WITH THE CLARIFICATION. Motion to approve carried 5-2; Mayor Pro Tem Whitson, Councilwoman Johnson, Councilmen Lewis, Metts and Welch voting for and Councilwomen Cox and Bielik voting against. RECESS & BACK TO ORDER Mayor Trevino recessed the meeting at 9:10 p.m. and called the meeting back to order at 9:19 p.m. with same members present as recorded. City Council Minutes September 13, 2004 Page 14 12. GN 2004-083 ADOPTING THE 2003-2004 REVISED BUDGET AND 2004-2005 BUDGET - ORDINANCE NO. 2802 APPROVED Ms. Karen Bostic, presented the 2003-2004 revised budget and 2004-2005 budget. After comments by several Council Members on the proposed budget, motion to approve carried 6-1; Mayor Pro Tem Whitson, Councilwomen Cox and Johnson, Councilmen Lewis, Metts, Welch voting for and Councilwoman Bielik voting against. 13. GN 2004-084 ADOPTING THE TAX RATE FOR TAX YEAR 2004- ORDINANCE NO. 2803 APPROVED Ms. Bostic advised the proposed 2004-2005 tax rate is 57¢. The proposed rate is less than a 1 % increase over the effective tax rate. The proposed rate of 57¢ is broken down as follows - 33.1732¢ for the purpose of maintenance and operations and 23.8268¢ for the payment of principal and interest on debt of the City. COUNCILMAN METTS MOVED TO APPROVE GN 2004-084, APPROVING ORDINANCE No. 2803 SETTING THE TAX RATE FOR THE 2004-2005 FISCAL YEAR AT 57¢. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 7-0. 14. GN 2004-085 APPROVAL OF EDWARD BYRNE MEMORIAL FUND GRANT FOR LAW ENFORCEMENT PURPOSES - RESOLUTION NO. 2004-059 APPROVED Chief Shockley advised the NRH Police Department participates in a multi-agency task force under the supervision of the Tarrant County District Attorney's office. Funding for task force detectives' positions in the past was procured through grants applied for and administered by Tarrant County. New requirements of the grant program now require cities rather than the County to make application with the Criminal Justice Division. Proposed resolution authorizes application for the grant. COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION No. 2004-59. COUNCILWOMAN BIELlK SECONDED THE MOTION. City Council Minutes September 13, 2004 Page 15 Motion to approve carried 7-0. 15. GN 2004-086 APPOINTMENTS TO ECONOMIC DEVELOPMENT ADVISORY COMMITTEE APPROVED Mr. John Pitstick, Director of Development advised the Economic Development Advisory Committee has four members whose terms are expiring and one vacant position. Members of the committee represent the business community and come from small and large employers in service/office, manufacturing, retail, medical, banking, new car dealers, entertainment/tourism, commercial brokers and developers. Staff is recommending Council consider the reappointment of the following: Laurie Dunlop Randy Moresi Dan Quinto Linda Timmons Entertainment/Large Retailer Medical Developer Manufacturer Manager of North Hills Mall CEO North Hills Hospital Home Town NRH President of Bates Container The vacant position is to be from a small oriented business. Staff has provided Council with four possible names for consideration. MAYOR PRO TEM WHITSON NOMINATED DAVID NELSON (LEGAL SERVICES) TO THE VACANT POSITION AND MOVED TO REAPPOINT LAURIE DUNLOP, RANDY MORESI, DAN QUINTO, LINDA TIMMONS. COUNCILMAN METTS SECONDED THE MOTION. COUNCILMAN WELCH NOMINATED CINDY BREWINGTON (INVESTMENT SERVICES) TO THE VACANT POSITION. Motion to approve the four reappointments carried 7-0. Nomination of Dave Nelson carried 4-3; Mayor Pro Tem Whitson, Councilwoman Johnson, Councilmen Lewis and Metts voting for and Councilwomen Cox and Bielik and Councilman Welch voting against. 16. PU 2004-036 AWARD CONTRACT FOR BANK DEPOSITORY SERVICES TO BANK OF AMERICA - RESOLUTION NO. 2004-060 APPROVED Mr. Larry Koonce, Finance Director, advised fifteen proposals were mailed to banks located in North Richland Hills and four proposals were received. The four proposals received were evaluated on the ability of the bank to perform the requested services, reputation of bidder/quality of services provided, cost of requested services, interest paid on accounts and deposits, overdraft provisions, completeness of proposal, City Council Minutes September 13, 2004 Page 16 previous service relationship with City and financial strength and stability of the institution. An evaluation committee reviewed proposals and is recommending award of contract to Bank of America. Approximately $62,350 will be realized in savings over the life of the contract based on current service pricing and average annual volume. MAYOR PRO TEM WHITSON MOVED TO APPROVE RESOLUTION No. 2004-060 AWARDING THE FIVE-YEAR CONTRACT FOR BANK DEPOSITORY SERVICES TO BANK OF AMERICA. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 7-0. 17. GN 2004-088 AUTHORIZING SIGNATURES FOR PLEDGEE SIGNATURE AUTHORIZATION FORM - RESOLUTION NO. 2004-061 APPROVED Mr. Koonce advised item relates to contract approved in previous item. A resolution is required authorizing signatures for the release of pledged securities with Bank of America and the Federal Reserve Bank of Dallas. MAYOR PRO TEM WHITSON MOVED TO APPROVE RESOLUTION No. 2004-061, AUTHORIZING SIGNATURES FOR THE RELEASE OF PLEDGED SECURITIES. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 7-0. 18. INFORMATION AND REPORTS Councilwoman Cox presented the following information: Announcements: Join us Saturday September 18th for the 9th Annual Paws for the Cause Walk-a-thon to benefit the North Richland Hills Animal Adoption and Rescue Center. The event will begin at 9:00 AM at the Animal Adoption and Rescue Center located at 7200 B Dick Fisher Drive. For more information, call 817-427-6570 or visit our web site at www.nrhtx.com The Trinity Trash Bash clean up event will be held Saturday September 18th at Green Valley Park. For more information contact the Neighborhood Services Department at 817 -427 -6650. City Council Minutes September 13, 2004 Page 17 Information: September 25th Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Cindy Shannon, 911 Dispatcher, Police Department - Cindy Shannon was recently named Telecommunicator of the Year by the State 911 Commission because of the exemplary manner in which she handles 911 calls. We want to congratulate Cindy for this outstanding achievement. She is another example of the professional, quality employees that work for the City of North Richland Hills. 19. ADJOURNMENT Mayor Trevino adjourned the meeting at 9:54 p.m. ,\".~~~"."#;I. ,"'" ~ "" ~"'4t.~.,".......".. ~~ ~...,., ", ~ "'n ',,,, .:::.- . ~ ... .' .. ., ~ .' "IP~ AFå~ST' r \. ! ~.. :~~ ~' ,I J . p ·~:f<···c·:' s t a rrcla" u son' - I Y ecre ary Oscar Trevino - Mayor