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Home My WebLink AboutCC 2004-12-13 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 - DECEMBER 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 December, 2004 at 5:40 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 Patricia Hutson Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Mary Edwards Patrick Hillis Vickie Loftice Steve Brown Chris Swartz Call to Order Mayor Mayor Pro Tem Councilman Councilwoman Councilman Councilwoman Councilwoman Councilman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Public Information Officer Human Resources Director Park & Recreation Director Library Director Aquatic Park Manager Mayor Trevino called the Pre-Council meeting to order at 5:40 p.m. 1. Discuss items from Reqular December 13, 2004 City Council Meetinq Agenda Item 7g, PW 2004-017 - Councilwoman Cox requested an explanation of the agreement. Mr. Curtis explained the City's Impact Fee Program and the purpose of the City-Developer Agreement. The developer installed a water line, which was included in the Impact Fee program, and the developer is eligible for reimbursement for the improvement. The City's ordinance and State law requires the developer to sign an agreement before the city can reimburse for eligible improvements. City Council Minutes December 13, 2004 Page 2 Agenda Item 12, GN 2004-105 - In response to a question from Councilwoman Cox, Mr. Swartz advised that the purpose of the professional services agreement was to update the feasibility study. The study will include the research of new attractions and development costs and marketing and sponsorship opportunities. The overall goal is to keep the park profitable and attractive for the future. 2. Discuss Statement of Principles for the Implementation of a Reqional Rail System in North Central Texas - Presented by Commissioner Glenn Whitley (Aqenda Item No. ill Mr. Whitley briefed the Council on the background of the Regional Transit Initiative. In August 2003 the region was challenged by the two local newspapers to address a regional transit system. The Regional Transportation Council and North Central Texas Council of Governments created two study groups. The first group consisted of seven committees who studied possible regional rail and station locations. The second study group consisted of three committees that made up the Regional Transit Initiative. The second group's purpose was to look into the financial, institutional and legislative measures necessary to make a regional rail system work. Meetings have been held with several legislatures. Resolutions are now being requesting from the cities supporting the Statement of Principles that resulted from the Regional Transit Initiative. Mr. Whitley discussed that one of the possible funding sources considered by the study groups was a Y2 cent sales tax increase designated for transit. The legislature would need to lift the sales tax cap to make this possible. The legislature would only authorize enabling legislation allowing the cities and counties to place the initiative before the people for a vote. Council took action on the resolution supporting the statement of principles during the regular council meeting. 3. IR 2004-119 Presentation by Dan Quinto reqardinq Conceptual HomeTown Commercial Core Development Mr. Dan Quinto, Arcadia Development, presented a conceptual plan for the commercial core area of the HomeTown development. Mr. Quinto introduced Ms. Ketchum and Mr. Myers who presented the design of the buildings. The building fronting Grapevine Highway would be single story retail and the two buildings along Parker and Walker would be three story with retail on the first floor and two-story multi-family above. The two back buildings that face the green belt are three story multi-family. Materials they are planning to use are a stone product on the bottom with stucco above and cast stone accent. Mr. Quinto answered questions from the Council regarding the location of other retail in the development, ability to lease the units, and parking. The Council agreed that they were concepetually okay with the proposed plan. 4. IR 2004-118 NRH20 2004 Season Report & Strateqic Plan Proposal City Council Minutes December 13, 2004 Page 3 Mr. Chris Swartz, Aquatic Park Manager, presented the 2004 Season Report for the Waterpark and summarized the highlights of the report. Mr. Swartz also discussed the major components of the Strategic Plan Proposal. 5. Executive Session Mayor Trevino announced at 6:39 p.m. that Council would adjourn to Executive Session as authorized by Texas Government Code §551.071 for consultation with attorney to seek advice about pending litigation on McEntire v. City of North Richland Hills. 6. Adjournment Mayor Trevino announced at 6:47 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 December 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 Ogden Bo Bass Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney City Council Minutes December 13, 2004 Page 4 2. INVOCATION Mayor Pro Tern Whitson gave the invocation. 3. PLEDGE OF ALLEGIANCE Mayor Pro Tern Whitson led the pledge of allegiance. 4. SPECIAL PRESENTATIONS AWARD OF CHRISTMAS UGHT WINNERS.. MICAH BECK, KEEP NORTH RICH LAND HILLS BEAUTIFUL COMMISSION Councilwoman Cox and Micah Beck of Keep North Richland Hills Beautiful Commission presented certificates to the following Christmas light winners. Bill May, 3916 Diamond Loch East; David Herrera, 6908 Corona Drive; John & laura Roberts, 4808 Lakeside; Bob Crone, 7620 David Court; Robert D. Wood, 5128 Jennings Drive; Cynthia Rogers} 6941 Brixham; Acanthia Norman/Bonnie Dowdy, 9005 Thornway; Patricia Shepherd) 6705 Parkwood Drive and Julie Anderson, 7601 Acorn Drive IR 2004-121 PRESENTATION TO UNITED WAY BY THE CHAIRMAN OF CITY EMPLOYEES 2004 UNITED WAY CAMPAIGN - ADRIEN PEKURNEY Councilwoman Johnson and Ms. Pekurney presented United Way representative King Neal with a check in the amount of $36,289,79. The check was representative of the funds raised by North Richland Hills employees. 5. CITIZENS PRESENTATION Mr. Richard Davis, 6617 Hillside Court, and representing NE Richland Lions Club presented to Santa Cops $4,000 for toys and $4,000 for food certificates. {<Mr. Nelson Stoppiello, 7104 Lyndale Court, Watauga, and property owner ín the Loop 820 corridor area, spoke on the condemnation of property as a result of the widening of Loop 820. Minutes corrected at the June 27,2005 Cíty CouncH meetíng - "Mr. Nelson Stoppiello, 7104 Lyndale Court, Watauga, and property owner ín the Loop 820 corrídor, spoke against the condemnation of property for prívate development purposes in the Loop 820 corridor area," City Council Minutes December 13, 2004 Page 5 Mayor Trevino asked the City Manager to send a letter to Mr. Stoppiello addressing his concerns and to advise that eminent domain has not been discussed by the City and explain the purpose of the Loop 820 Corridor Study. Mr. Jerry Henry, 8308 Valley Oaks Drive, expressed concern that citizens serving on the city's boards and commissions are restricted in their right to freedom of speech. Mr. Henry was concerned that board members cannot participate in community events in the same manner as other citizens in the community. Mayor Trevino asked the City Manager to communicate with the City Attorney and mail response to Mr. Henry regarding the City Attorney's ruling. Mr. Ken Sapp, 8312 Thornway Court, asked for clarification on the matter of council appointed positions politically in city elections. Mr. Sapp advised he was criticized for his involvement with the Senior Tax Freeze. Mr. Sapp asked for a private and public clarification of ruling as to whether an appointed board/committee member can be active in municipal elections. Mayor Trevino asked Mr. Cunningham to copy Mr. Sapp on Mr. Henry's response regarding City Attorney's ruling. Mr. G.L. McDowell, 5213 Davis Boulevard, commented on Fort Worth Star Telegram article regarding Police Chief Shockley. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE NOVEMBER 08, 2004 COUNCIL MEETING B. AP 2004-02 CONSIDERATION OF A REQUEST FROM B. H. & L. JOINT VENTURE TO APPROVE THE AMENDED PLAT OF LOTS 1-21, BLOCK 1 FOREST GLENN NORTH (LOCATED IN THE 8400 BLOCK OF PARK BROOK COURT AND SPENCE COURT - 10.00 ACRES) C. AP 2004-03 CONSIDERATION OF A REQUEST FROM J & J NRH 100 FLP TO APPROVE THE AMENDED PLAT OF LOTS 53-65, BLOCK 1 AND LOTS 1-9, City Council Minutes December 13, 2004 Page 6 BLOCK 11 BRANDONWOOD ESTATES PHASE'" ADDITION (LOCATED IN THE 7700 BLOCK OF BARFIELDS WAY AND THE 8400 BLOCK OF JOHNS WAY - 6.700 ACRES) D. GN 2004-106 AUTHORIZE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR THE NORTH TEXAS VIRTUAL REFERENCE LIBRARY CONSORTIUM - RESOLUTION NO. 2004-076 E. GN 2004-107 SET DATE FOR PUBLIC HEARING FOR COMPREHENSIVE LAND USE PLAN, IMPACT FEE CIP PROGRAM AND IMPACT FEES F. PU 2004-045 AWARD BID FOR POLICE MOTORCYCLES TO TEXAS HARLEY- DAVIDSON IN THE AMOUNT OF $131,456 G. PW 2004-017 APPROVE CITY-DEVELOPER AGREEMENT WITH RIF 102, L.L.C. FOR CIP WATER SYSTEM IMPROVEMENTS LOCATED IN BRENTWOOD ESTATES ADDITION, BLOCK 5, LOTS 1-4 - RESOLUTION NO. 2004-077 H. PW 2004-018 APPROVE CHANGE ORDER #1 TO THE HOLIDAY WEST CHANNEL IMPROVEMENT AND RIVIERA EROSION IMPROVEMENT PROJECTS I. PW 2004-019 AWARD OF BID FOR THE RUFE SNOW DRIVE AT BURSEY ROAD TRAFFIC SIGNAL LIGHT INSTALLATION TO SHARROCK ELECTRIC, INC. IN THE AMOUNT OF $79,573.11 COUNCILMAN LEWIS MOVED, SECONDED BY COUNCILMAN METTS TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7-0. 8. SUP 2004- 03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MIKE CLARK, REPRESENTING UNITED FARRIS REALTY INC., FOR A SPECIAL USE PERMIT (SUP) TO BUILD A NTB RETAIL TIRE STORE (LOCATED AT 8509 PRECINCT LINE ROAD -1.085 ACRES) -ORDINANCE NO. 2812 APPROVED Mayor Trevino opened the public hearing. The purpose of the request is to consider a special use permit to build a NTB retail tire and battery store. The Comprehensive Plan for this area shows retail uses including personal and business service establishments and offices. The Planning and Zoning City Council Minutes December 13, 2004 Page 7 Commission at their November 18, 2004 recommended approval of request with the stipulations: (1) row of screening shrubs be placed on the top of the proposed berm as indicated along the Precinct Line Road frontage; (2) note on site plan that all HV AC units will be screened from view; (3) remove the "pylon" sign notation on the landscape plan and replace with "monument" sign. Staff recommends approval of ordinance subject to site plan noting all HVAC units will be screened from view. Mr. Michael Clark, representing applicant, was available to answer questions from council. Director of Planning Dave Green was available to answer questions from council. Mayor Pro Tem Whitson asked staff if they considered signage to help eliminate the danger of people not properly using the right-in/right-out entry. Public Works Director Mike Curtis advised council staff is constantly receiving calls regarding illegal left turns that are being made into right-in/right-out entries. Staff has experimented with exaggerated designs and looked at different options. Mr. Curtis advised signage works the best. The signage is not only what is installed by the City, but also signs the property owner places on their sites to direct traffic. Staff is talking with property owners to see if the City and developer can determine best solution. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. Councilwoman Bielik asked staff how many resident complaints were received regarding noise from the Discount Tire and WalMart. Mr. Green advised he was not personally aware of any complaints. However, it is very possible that complaints are channeled to other departments. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2812 SUBJECT TO THE SITE PLAN NOTING THAT ALL HVAC UNITS WILL BE SCREENED FROM VIEW. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes December 13, 2004 Page 8 9. SUP 2004-04 PUBLIC HEARING AND CONSIDERATION OF AN APPEAL REQUEST FROM EDWARD MOORE FOR A SPECIAL USE PERMIT (SUP) TO BUILD A GOODYEAR RETAIL TIRE STORE AND MINOR AUTO REPAIR (LOCATED IN THE 8500 BLOCK OF DAVIS BOULEVARD -1.312 ACRES) - ORDINANCE NO. 2813 DENIED BY THE PLANNING AND ZONING COMMISSION ON NOVEMBER 18, 2004 DENIED Mayor Trevino opened the public hearing. The purpose of the request is to consider a special use permit to build a Goodyear Tire Store with minor auto repair. The current zoning of the property is C-1 (Commercial) which requires approval of a special use permit for applicants requested use. The Comprehensive Plan indicates Neighborhood Service uses for this area. The uses include limited service establishments and retail stores for the benefit of adjacent and nearby residential areas. The Planning and Zoning Commission at their November 18, 2004 meeting recommended denial of request. Pursuant to Article 2, Section H of the Zoning Ordinance applicant has appealed the Planning and Zoning Commission denial to the City Council. Applicant has provided staff with revisions and additions to the site plan following Planning and Zoning Commission's denial. Staff recommends approval of Ordinance No. 2813 subject to the applicant submitting a final site plan for review and approval. Mr. Edward Moore, 5601 Courtyard Drive, Austin, summarized his request to council. Construction Project Engineer Pan Sribhen, PSA Engineering, explained site design. Mr. Green showed council where property is located and surrounding development. The site does not have direct access to Davis Boulevard and access would be by secondary means. Mr. Green advised council that everything provided to council meets or exceeds city standards; however, there is a drainage issue that is still in the process of being resolved. Mr. Green advised there is a detention pond out in front of the building as well as there being a detention pond in the frontage of property. Mr. Green advised staff considers plan a conceptual plan and not a final plan. Mr. Green advised staff is requesting that council, should they approve request, require a final plan be taken to Planning and Zoning Commission and City Council. Mr. Green advised council they have in their packet letters of opposition as well as a letter of approval. Mayor Trevino asked if there was anyone wishing to comment on this request. Dean Bailey, 12209 Park Bend Drive, Dallas, advised he was adjacent property owner to the north. Mr. Bailey advised he favors the request and the only concern he has is drainage issues. City Council Minutes December 13, 2004 Page 9 There being no one else wishing to speak in favor Mayor Trevino called for comments from those wishing to speak in opposition. The following spoke in opposition of request: Jerry Jarzombek, 8558 Shadybrooke Court; Renato Minacapelli, 8562 Shady Grove Court; Steve Vanwie, 8551 Shadybrooke Court; James Vaughn, 8612 Twisted Oaks Way; Anita Lynn, 8616 Shadybrooke Drive and Tiffany Benz, 8624 Shadybrooke Court. There being no one else wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN LEWIS MOVED TO SUPPORT THE PLANNING AND ZONING COMMISSION RECOMMENDATION AND MOVE TO DENY SUP 2004-04. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO DENY CARRIED 7 -0. 10. ZC 2004-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DWIGHT AND LINDA MANNING AND SCOTT WOOD FOR A ZONING CHANGE FROM "R3" RESIDENTIAL TO "R-1-S" SPECIAL SINGLE FAMILY (LOCATED AT 8048 AND 8100 GREEN VALLEY - 4.082 ACRE) - ORDINANCE NO. 2814 APPROVED Mayor Trevino opened the public hearing. Mayor Trevino advised council they would hear request after item 16 (PW 2004- 020). 11. GN 2004-044 CONTINUATION OF PUBLIC HEARING REGARDING CHARTER COMMUNICATIONS CABLE FRANCHISE RENEWAL NO ACTION NEEDED OR TAKEN Mayor Trevino advised item is a continuation of a public hearing regarding Charter Communications franchise renewal. Mayor Trevino advised an e-mail was received and asked Managing Director Karen Bostic to read letter into record. Ms. Bostic advised council staff has received about twenty-six comments and they would be included for the record. City Council Minutes December 13, 2004 Page 10 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 Trevino recessed council meeting at 9:02 p.m. Mayor Trevino reconvened council meeting at 9:11 p.m. 12. GN 2004-105 AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH WILLIAM L. HARALSON & ASSOCIATES, INC. FOR THE PREPARATION OF A COMPREHENSIVE STRATEGIC PLAN FOR NRH20 FAMILY WATERPARK - RESOLUTION NO. 2004-075 APPROVED The nature of the request is to approve a comprehensive strategic plan for NRH20 Family Waterpark. The City Council approved the capital project as part of the fiscal year 2004/05 operating budget. The plan will encompass a wide range of services including: · Feasibility study · Master plan of existing and proposed facilities · Recommended theming · Initiated future development costs · Admission price structures · Recommended marketing strategy · Recommended sponsorship strategy · Economic impact analysis of NRH20 and North Richland Hills and the surrounding communities · Evaluation of new complimentary uses · Industry information and trends Aquatic Manager Chris Swartz was available to answer questions from council. Staff is recommending council approve Resolution No. 2004-075, which authorizes City Manager to execute contract with William L. Haralson & Associates. COUNCILMAN WELCH MOVED TO APPROVE GN 2004-105. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes December 13, 2004 Page 11 13. GN 2004-108 APPROVAL OF CHANGES TO COMPENSATION PLAN APPROVED The nature of the request is to adjust salary ranges of employees as a result of the October 2004 market analysis which was conducted by Human Resources. The study used 66 benchmark positions from the Public Safety, Professional/Administrative and General Services pay plans that were compared to ten designated area cities. The result showed that the City of North Richland Hills Public Safety pay plan was 4.275% below market and the Professional/Administrative and General Services pay plans were 3.381 % below the market average. The averages were combined with the Employment Cost Index to adjust the salary plans and Human Resources is recommending a 3.37% adjustment to the City's Public Safety pay plan and a 2.83% adjustment to the City's Professional/Administrative and General Services pay plans. Human Resources Director Patrick Hillis was available to answer questions from Council. COUNCILWOMAN BIELlK MOVED TO APPROVE GN 2004-108. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 14. GN 2004-109 CONSIDER RECOMMENDATION OF THE NAMING BOARD REGARDING THE NEW FIRE STATION NO.1 COMMUNITY ROOM - RESOLUTION NO. 2004-080 APPROVED Councilman Lewis summarized item for council and advised the Naming Board is recommending that Council approve the name of Owen D. Long and John W. Barfield Community Room. COUNCILMAN METTS MOVED TO APPROVE REQUEST AND COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes December 13, 2004 Page 12 15. GN 2004-110 APPROVE RESOLUTION SUPPORTING A STATEMENT OF PRINCIPLES FOR THE IMPLEMENTATION OF A REGIONAL RAIL SYSTEM IN NORTH CENTRAL TEXAS - RESOLUTION NO. 2004-079 APPROVED The nature of the request is to show North Richland Hills support of the principles for the implementation of a regional rail system in North Central Texas. During the past 18 months regional leaders have worked cooperatively to develop a plan for creating a seamless regional rail system throughout the Dallas - Fort Worth region. There have been over 60 meeting during the past 18 months that focused on technical, financial, institutional structure and legislative issues of regional rail which culminated in the Statement of Principles for the implementation of a Regional Rail System in North Central Texas. Staff is recommending that council approve Resolution No. 2004-079 supporting the principles. Mr. Curtis was available to answer questions from council. COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2004-110 AND RESOLUTION No. 2004- 079. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 16. PW 2004 APPROVE MECHANIC'S LIEN CONTRACT FOR PUBLIC IMPROVEMENTS FOR THE CONSTRUCTION OF STREET, DRAINAGE, SIDEWALK AND DRIVEWAY IMPROVEMENTS FOR COOLEY ADDITION, BLOCK 1, LOT 1 - RESOLUTION NO. 2004-078 NO ACTION TAKEN ON RESOLUTION - WAIVED CHARGES Councilman Welch abstained from discussion and voting and filed an abstention form stating he was the engineer of record for the project. The nature of this request is to consider a mechanic's lien contract for applicant's Kent and Marilyn Sue Cooley. Mr. Cooley, during his platting process, was informed that certain street and drainage improvements were required for Admundson Drive as outlined in the Subdivision Regulations and that the City typically requires improvements to be during the development of the property or require the funds for improvements to be paid into an escrow account, to be used by the City when improvements are made in the future. Mr. Cooley was advised that council in the past has approved Mechanic's Liens (City-Developer Agreements) which defer all costs until the improvements are City Council Minutes December 13, 2004 Page 13 made by either the city or another developer. Mr. Cooley believes he is justified in asking that all charges be waived for street improvements. Public Works Director Mike Curtis was available to answer questions of council. COUNCILWOMAN JOHNSON MOVED TO WAIVE WHAT CITY IS ABOUT TO CHARGE FOR ASSESSMENTS AND CITY WILL COLLECT ASSESSMENTS WHEN STREET IS IMPROVED. COUNCILWOMAN BIELlK SECONDED THE MOTION. Mayor Trevino advised council that the only reason he supports motion is that the city had a development in the same area that fees were waived a few years ago. Mayor Trevino advised other than that the city is making a mistake in waiving any fees, but one has already been made in the past approving it. Councilwoman Johnson advised she would be the same way if it was not for the fact that the city will be going back for assessments for this gentleman and that would come down the road that this gentleman would have to pay properly whenever the time comes. Councilman Metts said he believes council is making a mistake in setting precedence. It is just the council trying to be fair and that the council has to be fair all the way. MOTION TO WAIVE CHARGES WAS TIED AT 3-3 WITH COUNCILMAN WELCH ABSTAINING AND COUNCILMAN LEWIS AND COUNCILWOMEN JOHNSON AND BIELlK VOTING FOR AND MAYOR PRO TEM WHITSON, COUNCILMAN METTS AND COUNCILWOMAN Cox VOTING AGAINST. MAYOR TREVINO VOTED IN FAVOR OF MOTION BREAKING THE TIE VOTE. Council heard and discussed item 10 ZC 2004-08. The purpose of the request is to rezone two platted lots to gain the benefit of accessory building requirements as allowed by the R-1-S district. Ms. Wood, representing owners, was available to answer questions from council. Mr. Green advised council the Planning and Zoning Commission recommended approval of request at their November 18 meeting. Staff supports Planning and Zoning Commission recommendation. Mayor Trevino called for anyone wishing to speak in favor of request to come forward. There being no one wishing to speak Mayor Trevino called for anyone wishing to speak in opposition 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. 2814 AND ZC 2004-08. COUNCILMAN METTS SECONDED THE MOTION. City Council Minutes December 13, 2004 Page 14 MOTION TO APPROVE CARRIED 7-0. 17. GN 2004-111 CONSIDER ACTION ON RESIGNATION OF FRANK METTS, JR. FROM CITY COUNCIL ACCEPTED Councilman Metts advised council and the public of his desire to resign from City Council. COUNCILMAN METTS MOVED TO ACCEPT RESIGNATION. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 18. GN 2004-112 ACTION PURSUANT TO ARTICLE V, SECTION 7 OF CITY CHARTER TO FILL VACANCY ON CITY COUNCIL APPROVED Mayor Trevino advised council he nominates Suzy Compton to fulfill the unexpired term vacated by Frank Metts, Jr. term expiring May 2005. COUNCILMAN LEWIS MOVED TO APPROVE MAYOR TREVINO'S NOMINATION. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. City Secretary Patricia Hutson administered Oath of Office to Suzy Compton. 19. INFORMATION AND REPORTS Councilman Lewis made the following announcements. City Council Minutes December 13, 2004 Page 15 North Richland Hills employees are accepting donations of new, unwrapped toys. The toys will be distributed to needy families during the holiday season. For more information, contact the Communications Department at 817-427-6125. Holiday Closings City offices will be closed on Friday, December 24, and Friday, December 31, in observance of the Christmas and New Year's Holidays. Trash and recycling collections will not be affected by the holidays. The regularly scheduled City Council meeting for December 27 has been cancelled. We will meet again on Monday, January 10th, at 7:00 p.m. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Jeremy Sutton, Public Works Department A resident called to compliment Jeremy Sutton for his professionalism, knowledge and dedication when responding to a suspected water leak. The resident said Mr. Sutton was very courteous and well trained. Night of Holiday Magic Committee Congratulations to all of the City Staff and volunteers for another excellent Night of Holiday Magic event. We received many positive comments from the community about this year's event. We would especially like to recognize: · The Parks & Recreation Department, Support Services, Public Works, Police Department, Fire Department, Neighborhood Services, Library, Municipal Court and CitiCable for a great job with planning and coordinating this year's event. · The 13 community groups that performed on stage. All of the performers did a great job of getting us in the holiday spirit. · The 17 community organizations that provided more than 250 volunteers to help with the activities. We would not have had such a wonderful event without your generous support. City Council Minutes December 13, 2004 Page 16 20. ADJOURNMENT Mayor Trevino adjourned the meeting at 10: 12 .m ,,,,"'A\f"'..'-Ü JJ.Âl:"fl¡II., ,- ~ ~""!::::~.'!.'U~" ..............~,;..... ..... ~ A T~. . :n ..... ~ . . ,Þ .. . . - 4 r r__~ P .'" .t.. ftti(o?&c".:;sLn t- atn~ nu ~r:¡...:.' t~ ecre ary I"" I"" '1'",,,, 1.H_~\\ North Richland Hills, Texas December 12, 2004 Paulette Hartman Assistant to the City Manager City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76180 RECEIVED· Re: Charter Communications Franchise Renewal Dear Ms. Hartman: I am opposed to renewing the ftanchise for Charter Communications for the reasons outlined below. 1. I disagree with Charter Communications' policy regarding ownership of facilities as quoted below: OWNERSHIP OF FACILlTES: "Charter Communications does not assert any ownership over wiring 12 inches outside of or located within the home or residential unit. It is the responsibility of the cable customer to insure that all wiring 12 inches outside of or located within the home or residential unit complies with FCC or other applicable statutes, rules, or regulations. Charter Communications reserves the right to assess a charge for any service, repair or maintenance performed by Charter Communications or its subcontractors. In the event facilities are not in compliance with applicable statutes, rules, or regulations, Charter Communications shall have the right to tenninate cable television service to this account. " The cable in my house was installed by two of Charter's predecessors, Sammons and Marcus, and I had no control as to how the wiring was attached. In addition to the cable itself. two devices called the splitter and the filter are also attached to the outside wall. According to Charter's policy, I am now responsible for the proper functioning of these devices. Furthermore, I have also been made responsible to assure that the wiring meets FCC statues, rules, or regulations even though I had no choice as to the wiring used nor do I have any knowledge as to how I can assure it meets FCC requirements. When I complained to Charter about these policies and that I should not have to pay for a service call to check the splitter, their Customer Service Representative told me that unless I have trip insurance, a trip charge is applied "every time a truck roUs." She further told me that I can order their Safety Guard Wire Protection Plan to waive the trip charge. This is tantamount to extortionl I should not have to pay for any service call unless the failure is due to my own equipment, not due to failure of the wiring and other devices outside of my house. 2. During a recent cable interruption in my area, I called Charter to report the outage. I was told that the problem is with my TV since I was the only customer who had complained. The Customer Service Representative told me the I would have to pay for a service call to correct the problem. After checking my TV sets I called Charter again, and this time I was told that there is an outage in my area and that a service call would be ftee of charge. Upon further questioning I was told that service calls are ftee only after three callers report a problem. Therefore the first three callers get charged while subsequent callers are not. This policy is highly unfair and discourages anyone from reporting a problem. 3. The recent increase in monthly charges was justified on the basis of increased operating costs. However, the real reason seemed to be the addition of several channels which I don't need nor want. Furthermore, I have no need to see any Spanish-speaking or Mexican TV channels and do not agree that I should pay higher fees for such additions. If Charter wants to cater to Spanish-speaking customers, they should have their own tier instead of charging everyone else for it. In summary, I urge you to contract with another cable company unless Charter is wiUing to a. change their Ownership of Facilities policy as outlined above; b. cease to charge for service calls unless the problem is with customers' equipment, excluding wiring and devices installed on the outside walls; c. cease to charge the first callers who report an outage; d. cease to charge every customer for channels which can be understood by only a part of the viewing population; i.e.; have a separate tier for Mexican TV channels. Your consideration of these suggestions is appreciated. Sincerely, ~.-lW~~ Hans 1. wasn{/ - Page 1 of 5 Last Updated December 1 2004 11-Aug-041 Erica I I I 16-JUn-04!craig -- -1---- 9-JUI-04j Mich~el ! 3-JUI-04[ Ken , I I 31~:''-LJI-0~jAI ¡ i 1~1 !3renda I I ! Queen 7032 Live Oak Drive Hofstetter 6882 Rolling Ridge Dr Current Subscriber Customer Service have been dissatisfied with Charter's customer service and quality from day one. It took a week to get my cable installed when I moved to NRH. I had 2 technicians to my house to install it, then had to set aside 2 more days that same week to have other technicians come out and finish the job. When I finally threatened to have satellite installed the next day, I finally got the service working. A few months later, my bill was doubled in what they called "standard procedures" when an old special Date First Name Mettler __~ Sapp Current Subscriber Previous !~28~p~n~LLeél "YaYJ§~bs~iber I Subscriber Last Name Address I Status 1--- --- - -- --,- ~- ------ --- --t- I I I I I, I I' , I I I , f 'I I I Previous ~!3réln~()n l7~00 PI.lJm~()od Drive_I§.LJbSCribe~ I: Current lHél.I".I~Y 63º~ Yarf!1outh Ave _~§u~~criber I Current 8312_"f"h()~I1~aYC;()urt _~ubscriber I Bi !y~-, I My main concern, and the reason we cancelled, was that we ¡signed up for service like normal and had the service, along with broadband internet (before it was even included) for probably 4 I years. All of a sudden, without notice, a man knocked on our door ,one day and said he needed to climb the pole in our back yard and ¡check the cable. Well, he did, and as I was watching TV, the Customer ¡cable went out. When he started to leave, it still was not Service j'WOrking...neither was our internet. I went out to his tr Customer- Thaveno"frecelVedany probiem-s.r'hey were one üHhefirst to Service ioffer HDTV, if they're --- --- +- -- ----- ----------- ---------- ------.------------.------- - --- --- - - - ----- ! Charter behaves like a company with an esclusive right to serve , the market. They have frequent service outages and their !3~!i~9___ telef>l1()n~_c;LJ~t0rT1~r _~~~i~~i~_é3minefi~lcj_of voice mail. ,The service was constantly be interupted be problems in wiring and weater and we would be without cable for as long as two weeks at a time. We had to constantly can and argue with them about adjusting our bills to reflex the times wi were without servic but still had to pay for that time. It took them anywhere from one and one half weeks to two and one half weeks to come out and fix Customer the in ground cable comeing to our house and to came back out to Service rebury It._ _ I would like to choose another cable service company besides Charter. Charter corners the market here and charges too much ng money. ~-1------- Comments NRH Charter Complaints (From Website Form) I i Current I ª~28 l\I1í3rti. Lar1.e ! ~lJ~scriber I I I ' i I Current PIC re ! 8~2§ Thornhaven Ct_] ~u~~cri~~r ~IJ~~it~_ i ! I , I I Ii Icurrent ¡Picture 8325 Thornhaven Ct Subscriber Quality 1-· ... .... -----1---·-·---î --.....--....--. 17436 Meadowview Current ,Picture _¡Ierr-ce _ _¡§UbSCrii>E!r_1 ()u a lily , I I' I I I I I r I I I ' I I Current Customer .J7~º~Brl!ey ____ ¡ Su~~~i~~~--t-~~~!c:~_ ¡'I , I I I I I IOther have been a subscriber to Charter for more than 15 yrs and have seen its rates continually go up. I recently had to have the wiring replaced to my cable boxes. They were suppose to bury the cable, it is still laying open in my back yard. I do not understand why their rates are so much higher than the satelite companies offering more services. Some thing is wrong here!! We must look again at their service and cost I see future rate increases in the future and don't know as a senior citi ---+__________________ _,.,,____ __ _m__ _________._n _________m___________ I would like more of the 'HGTV' type of programs, i.e., Fine Living and DIY (Do it Yourself). The service from Charter is good, but would like other cable choices. Comcast has the Fine Living channel, but I;m not sure about DIY. PLEASE...get those two channels. Page 2 of 5 1-Sep-041 Frances Lumby 7524 Mapleleaf Dr Current Subscriber Last Updated December 1 2004 I I 31-Aug-04 Elizabeth .. . !.u , I I Hunt 19-ALlg-04iAIl~L_ 16-Aug:-04 ¡Kerry i I 16-,A.u9.:0~ I K~rry ___ 12-Aug-04 ~()n Date First Name Si~g~1 Dreher Dreher Last Name Address Other Subscriber Status _Typ~ Picture ____,____________._ .n I timeand am I relatively pleased with their service ke them to have , i some cable competition within the city. Can you grant more than lone cable charter? -1---- .------- ... - -. .. ¡We've had Charter out here twice to clear up our picture; they I have tried to say our TV is old and that's the problem. Our TV lonly about four years old, so that's NOT the problem. I am not I happy with Charter's service OR their product -'We'vehad charter out here twice to clear up our picture; they have tried to say our TV is old and that's the problem. Our TV only about four years old, so that's NOT the problem am not h3:iPP'L\¡\Iith Charter's servic;~ ºR th~irproduct Quality - Consistan~IYF>0or Comments - -- ----..-----------------.- -..--------- ---- ahve been a subscriber of Charter for quite some But I would is is NRH Charter Complaints (From Webs ite Form) Page 3 of 5 _6-§~e-041 Mona 4-0ct-041 _u ___I I I i I ! I I i I i I 17 -Oct-04 Laura 7-§~p-0~lTr~ci 4-Sep-04lKim u__________ _______..__'"___ Date Suzette ------- -- First Name Last Subscriber 1 i Status I Type I Comments ----r ----- - ------- --TI-sawfhe opportunTtyto give-my inp-ufa-ndwould love to do so. I I ¡moved from Bedford, TX, to NRH, TX in October. We had I extended Cable service in Bedford from AT&T/Comcast I Icommunications. Our bill came to about $37/month (taxes I I I. included). We signed up for extended service from Charter here ! I in NRH. The service was worse and the bill was over $50 per I I. I I ,month (taxes Included). The value from Charter was not as good i Previous l . I asil was from Comcaslandlhe ~Sl was w:y 100 much They 1§UI:>~Crib~r -, ºth~r_ --itfi~~:~si~ f~t~x~~ènsive.They haveraisedtheírratesfor the I i isecond time in less than a year. We pay $62.00 a month, with I Current i I taxes, for very basic services. I feel we should have the choice of ~§7~~_tIt1é:1rilyn-'=-él~__ _§LJ~scrJI:>~_'"---1~lling _~I1~ther ~erv~~.lt feel~E~~ CI. ~~I1~e~ltno\f;¡':__ ì Current I II think that the city should definitely explore new cable television _§.~~ª-Cheswi~~-ºr:~I:>SCril:>~r Bil ~!!!9--1b(;)i~~~. ..I~_~~~m I I I' have had a couple of problems with Charter over the last 6 I i months or so. I made a payment by phone. I was given a I I reference number for the payment received. A couple of weeks , later a lady shows up at my door to disconnect my cable for non I . I [' payment. I told her I had paid and gave her the reference number. I ' . She said it had not shown up so I had to give her a check. She I Current i ¡said she would not run the payment through for another 5 days to _Cb!i!)t(;)eb~L ~~ººI-I(;)liday~an~__ +sub~crib~r_~!3~IIi~~ f9iveth~_~~herJ>élYrn~llt~l1'1e!(;)~I~ar. She s~i~_~b~I,V0LJI~ call me _ I ! i I My experience with Charter was repeatedly been disappointing. II ! I ¡Their service and repair personnel are uninformed and don't seem I Ito communicate to each other within their company. In the past, i II've had so many problems, we cancelled using their cable II ,I television services and opted for a satellite service instead. . i 'I However we still use Charter for internet service, but I can assure 13904 Diamond Loch ¡'Current you that as soon as DSL is offered in our area, I will cancel W. Subscriber Other I Charter all together. In addition to their poor servic , jº~c;ié:l I I Jones r- - , I i Name Penn ~.c;So_rl~y Last I I I ¡ I ! , I 17805 Calvert Ln r------ 1 Address Updated December 1 2004 We NRH Charter Complaints (From Website Form) Page 4 of 5 Last Updated December 2004 23-Nov-04 John 16-Nov-041 Daniel ! 5-NOV-041 Vicky ! I 1-NOV--º4IJ~rry I I O'Neal 7316 Whitfield Ct. Current Subscriber Customer Service 25-0ct-0~1 Bria!1_ 1-NOV-04 Roger -¡---- ------- First Roy Franklin u_ Ingl~~ H~nry Toshach __n.___ Court , I Current I Subscriber -t---------- fi,""!J Iln order to get high speed cable internet service, Charter ¡Communications requires that I must pay for basic cable TV ,service as welL In my opinion, this is not fair to the customer if I he/she does not use the cable TV service. I would highly · recommend the negotiations committee re-negotiate this unfair I billing practice for the next contract. The overall internet service I has been reliable... we just need to fix this "double billing" practice i by Charter Communications. Please feel free to call ---1 Repeatedly-havetOhave-tEÚ::hS ¿ome-ûutta repair the same ! problem. Customer services answer to every problem is to power · off the box and then power back on. Prices keep going up and they don't seem to be offering anything new. All the package deals are for new customers. Once they have you they offer nothing to keep you I I Subscriber ¡ Name I ~_ S~atus .--.L__!YeEt --~i I - I I I i I ! I I ¡. j r I I I Current ¡ 11§~º8f:!raz()~!3~I1c1-ºr t§l:IÞs.<::~!þ~r¡ Oth.Etr __ 8548 Steeple Ridge I Current , I DR . Subscriber Other f C~arter's c()ntract is not !enewed, then _Vv'hat happerls to al -., .---. ·-·-·I.----~---.-- ---. -" ·-·-·-·---__~".m_ ------____.n m.____ __ ___ _ 'I II I terminated my service because of the poor picture quality. I I repeatedly complained about the quality and they did send a I I I service technician to the location on more than one occassion [Previous Picture no positive results. The service was in the Thornbridge J~lOª-'-'é:JII~y Oé:J~~ºr·"'I§u_Þs.c;rlÞ~r '19.~~.'i!Y lfd!~~~~1~-~~~c~t~~i~~6S~~i~r6~~ith-Ch-arter andapted'for I I Dish because of poor picture quality. Charter had come repeatdly I I I' I and never managed to fix the problem. I also had high speed I ¡Previous Picture J·cable internet. That service was fine. I am now a dish subscriber -l4711_I'OPPïlJr5 __ _¡§ubS<'-riber þ" a h'y'_ and fincJ the picture qualil)'r"-markabl~ bett¡¡rl I I I , I I I ,I I I ! I I I I ¡ 8624 Amhl:lrst ! i with Address of Comments l'-amcurrenilysLJbscribing toCharter's-lnternet service. I used to ¡ subscribe to Charter's cable service as welL I switched to Dish I Satellite about 2 years ago because the satellite product was I better quality and less expensive. I would suggest that the city have ¡other cable companies bid for this contract in order to get the best ,product and price for the community. I recently contacted Charter ita see ifthere prices and product had improved. While their · .1 p~oduct offering has improved, they_ are I '-,---. ---..--- ,--" - --- -- its Date Name Last NRH Charter Complaints (From Website Form) I have lived in various communities in the metroplex, and I have found that Charter is about the highest priced cable provider in the area. I have had AT&T and Comcast. Also, Charter requires you to purchase their digital cable plan over basic if you want to get high speed internet. They said you have to have it for the connection. ¡This statement is false. When I lived in Euless I had AT&T, with just basic cable. I was able to have the cable internet service for alot less money because they didn Page 5 of 5 I I 25-Nov-041 Michael Jenkins P.O. Box 821354 Previous Subscriber Billing Last Updated December 1 2004 I I I Last}~am~ 1 I I I Address Subscriber I Status . Type ro-- Comments Date First NRH Charter Complaints (From Website Form)