MINUTES FOR THE REGULAR MEETING OF THE ROANOKE CITY COUNCI L Roanoke City Hall, 108 S . Oak Street, Roanoke, Texas RESENT :
ne 13, 200 6 7 :02
Mayor Carl E . Gierisch, Jr., Mayor Pro Tern Holly Gray-McPherson . Councilmembers : Brian Darby, Steve Heath, Frank Temple, Kirby Smith and Will Wolfe, City Manager : Jimmy Stathatos, City Secretary : Kelly Edwards and City Attorney : Jeff Moore .
DEPT STAFF : Ronnie Angel, Katherine Boyer, Chief Mike Duncan, Chief Gary Johnson, Cody Petree , and Debra Wallace . A SENT:
A.
Don Dixson and Tim James .
CALL TO ORDE R Meeting called to order at 7 :02 p .m . Invocation given by Mayor Gierisch . Pledge of Allegiance
Mayor Gierisch moved the Special Order of Business to be conducted before Public Input . C.
SPECIAL ORDER OF BUSINES S 1 . Mayor Gierisch Issued Certificates of Election, Statements of Elected/Appointed Officers and administrated the Oath of Office to Councilmembers Brian Darby in Ward 1, Holly Gray-McPherson in Ward 2, and Steve Heath in Ward 3 .
B.
PUBLIC INPUT Michael Salmon, 4506 Soda Ridge Road, asked the council to consider him joining th e Recreation Center at the residential rate . Randy Corn, 305 Darrell Road, said the proposed zoning change for County Acres see m to be okay with most of the people he has spoken with in the subdivision . He asked if th e city could increase Code Enforcement in the subdivision to maintain a nice area to live . Laura Hovis, 507 Dallas Drive, read a letter from her husband speaking against th e proposed zoning change for 305 Turner . Saying they moved here from Keller for th e small town atmosphere and oppose the project due to the density . Audie McQuaid, Municipal Marking Manager for Allied Waste, spoke about the propose d curb side recycling program and offered to answer any questions . Robbie Terrell, 1200 Riverside Road, spoke in favor of curb side recycling stating othe r states and cities she has lived in have mandatory recycling . She feels is it ou r responsibility as a community to contribute to recycling . Bob Benedict, 1225 Indian Trail, spoke in favor saying it was a good idea and the righ t thing to do for Roanoke .
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Shelly Sublette, 1221 Indian Trail, spoke in favor of the curb side recycling program . Sh e currently recycles but sometimes the public bins are full and you have to load each ite m one at a time . Rebekah Congos, 1204 Indian Trail, spoke in favor of the curb side recycling program . Melissa Perkins, 1220 Pine Ridge Road, spoke in favor of the curb side recyclin g program . Mayor Gierisch read a letter from Tammy Frisbie who is in favor of recycling but would lik e all of the citizens to be educated and that the program includes all of the businesses . Sh e would like more research to be conducted before acting on the curb side recyclin g program .
D.
CONSENT AGEND A 1. 2. 3. 4. 5. 6. 7.
8.
Consider approval of the minutes from the workshop meeting on April 24, 2006 . Consider approval of the minutes from the regular meeting on April 25, 2006 . Consider approval of the minutes from the regular meeting on May 23, 2006 . Consider approval of an Interlocal Agreement in Fort Worth's Environmental Collectio n Center Household Hazardous Waste Program . Consider awarding the Park Mowing Bid to Three Alarm Landscape for an amount o f $28,800 .00 . Consider approval of an Interlocal Agreement with Denton County for Tax Collection . Consider approval of a Professional Services Agreement with Kimley Horn that wil l provide for the update of the City's existing Future Land Use Plan and Thoroughfar e Plan to include the zoning and thoroughfare changes previously approved by the Cit y Council . Consider awarding the Police Motorcycle Bid for $26,194 .00 to Cycle Center o f Denton .
Will Wolfe requested item 5 be removed from the consent agenda for discussion . Motion made by Will Wolfe seconded by Holly Gray-McPherson to approve items 1- 4 and 6-8 on the consent agenda . Motion carried unanimously . Motion made by Frank Temple seconded by Brian Darby to approve item 5 of th e consent agenda . Motion carried unanimously .
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OL BUSINESS 1. Public Hearing regarding a substandard structure on property located at 352 Sher i Lane, Lot 21, Block 5 Country Acres Estates . Public Hearing Opened at 7:28 p .m . No one addressed the council . Public Hearing Closed at 7 :28 p .m. 2. Motion made by Brian Darby seconded by Steve Heath to postpone action on a substandard structure on property located at 352 Sheri Lane, Lot 21, Block 5 Countr y Acres Estates until the July 11, 2006, meeting allowing for the owner of the property t o apply for construction permits. Motion carried unanimously . 3. Public Hearing regarding a Variance (V-2006-03) request from National Tire & Battery , to increase the maximum square footage per side of a pole sign and place the pol e within 150 feet from other signage, for property located at 1213 N . Hwy 377, Lot 1BR-Block 6, of the Homestead Addition . Public Hearing Opened at 7 :31 p .m. Mike Pankau, M & P Signs, spoke in favor of the pole sign stating that Mr. Savag e agreed to sign an affidavit that the pole sign would be used for both NTB and th e future business on the vacant property. Steven Chong, NTB Store Manager, spoke in favor of the pole sign for visibility reasons that would help increase business . Public Hearing Closed at 7 :34 p .m . 4. Motion made by Steve Heath seconded by Brian Darby to postpone a Variance (V 2006-03) request from National Tire & Battery, to increase the maximum squar e footage per side of a pole sign and place the pole within 150 feet from other signage , for property located at 1213 N . Hwy 377, Lot 1BR-1, Block 6, of the Homestea d Addition until the July 11, 2006, meeting so the property owner could submit a signe d affidavit stating that the pole sign would be used for both NTB and the future busines s on the vacant property . Motion carried unanimously . The Mayor stated that no action would be taken on items 5 and 6 since the owner ha s demolished the structure . 5. Public Hearing regarding a substandard structure on property located at 107 Pin e Street, Lots 1-3, Block 6 (N65') OT Roanoke .
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6. Consideration and action on a substandard structure on property located at 107 Pin e Street, Lots 1-3, Block 6 (N65') OT Roanoke . F.
NEW BUSINES S 1. Motion made by Kirby Smith seconded by Will Wolfe to elect Holly Gray-McPherson t o serve as president pro tempore for a term of one (1) year pursuant to ยง22 .037 of th e Local Government Code . Motion carried 4-3-0 . Brian Darby, Steve Heath, and Frank Temple opposed . Mayo r Gierisch voted in favor breaking the 3-3 tie vote . 2. Motion made by Will Wolfe seconded by Brian Darby to authorize the City Manager t o enter into an agreement with Allied Waste for Curb Side recycling . Motion carried 4-2-0 . Holly Gray-McPherson and Kirby Smith opposed . 3. Public Hearing on a Re-plat (RP-2006-02) request from Mike Clark, to re-plat 8 .537 acres of property located at 1226 Highway 377, Lot 13, Block 7, Homestead Retai l Addition . Public Hearing Opened at 7 :55 p .m. Mike Clark, Winklemann Assoc ., spoke in favor of the re-plat to develop th e property. The necessary adjustments were made to the easements . Mike Duncan, Fire Chief, said abandoning the Fire Lanes easements does meet the requirements for a shell building . Randy Corn, 305 Darrell Road, asked if developing that property would clean u p the property behind Wal-Mart . Public Hearing Closed at 7 :58 p .m. 4. Motion made by Brian Darby seconded by Frank Temple to postpone a Re-plat (RP2006-02) request from Mike Clark, to re-plat 8 .537 acres of property located at 122 6 Highway 377, Lot 13, Block 7, Homestead Retail Addition until the June 27, 2006 , meeting . Motion carried unanimously . 5. Motion made by Brian Darby seconded by Frank Temple to postpone a Site Plan (SP 2006-01) request from Mike Clark for property located on the 1226 Highway 377, Lo t 13, Block 7, Homestead Retail Addition until the June 27, 2006, meeting . Motion carried unanimously .
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6. Public Hearing to consider a Zoning request from Architectural Building & Construction , L .L .C, David Bonner, for property located at 305 Turner, A0923 MEP & PRR Tract 45 , 1 .943 acres, OLD DCAD, TR #14, to change the zoning from R-l "Single Famil y Residential" to "Planned Development" . Public Hearing Opened at 8 :02 p .m . David Bonner, property owner, said he has reconsidered the number of home s and request that this item be remanded back to the Planning and Zonin g Commission . Public Hearing Closed at 8 :03 p.m . 7. Motion made by Frank Temple seconded by Kirby Smith to remand a Zoning reques t from Architectural Building & Construction, L .L.C, David Bonner, for property located a t 305 Turner, A0923 MEP & PRR Tract 45, 1 .943 acres, OLD DCAD, TR #14, to chang e the zoning from R-l "Single Family Residential" to "Planned Development" back to th e Planning and Zoning Commission . Motion carried unanimously. 8. Public Hearing regarding a Variance (V-2006-05) request from U STORE IT, to allo w signage closer than 150 feet to a pole sign for property located at 1201 N . Highwa y 377, Lot 1AR, Block 6, of the Homestead Addition . Public Hearing Opened at 8 :09 p.m . John Barton, Sign Contractor, spoke in favor of the variance for additional signag e on the side of the building for better visibility . Public Hearing Closed at 8 :11 p .m. 9. Motion made by Frank Temple seconded by Will Wolfe to deny a Variance (V-2006-05 ) request from U STORE IT, to allow signage closer than 150 feet to a pole sign fo r property located at 1201 N . Highway 377, Lot 1AR, Block 6, of the Homestea d Addition . Motion carried unanimously . 10. Public Hearing regarding a Variance (V-2006-06) request from Tucker Motorcycl e Supply, to deviate from the landscaping requirements for property located at 205 E . Byron Nelson Blvd ., A0923A MEP & PRR, Tract 19, .310 acres . Public Hearing Opened at 8 :16 p .m. Tony Tucker, owner, spoke in favor based on the limited space he has t o landscape . He has proposed some landscaping along the front and West side of the building . Public Hearing Closed at 8 :19 p .m.
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Mayor Gierisch asked for a recess at 8 :23 p .m . City Council returned from a recess at 8 :28 p .m. 11. Motion made by Holly Gray-McPherson seconded by Frank Temple to postpone a Variance (V-2006-06) request from Tucker Motorcycle Supply, to deviate from th e landscaping requirements for property located at 205 E . Byron Nelson Blvd ., A0923A MEP & PRR, Tract 19, .310 acres until the June 27, 2006, meeting . Motion carried unanimously . 12. Public Hearing regarding a Variance (V-2006-07) request from Tucker Motorcycl e Supply, to deviate from the parking requirements for property located at 205 E . Syro n Nelson Blvd ., A0923A MEP & PRR, Tract 19, .310 acres . Public Hearing Opened at 8 :44 p.m . Tony Tucker, owner, spoke in favor stating while there is not enough room t o provide parking per the ordinance but there is enough parking for his customers . Public Hearing Closed at 8 :45 p.m. 13. Motion made by Frank Temple seconded by Holly Gray-McPherson to postpone a Variance (V-2006-07) request from Tucker Motorcycle Supply, to deviate from th e parking requirements for property located at 205 E . Byron Nelson Blvd ., A0923A ME P & PRR, Tract 19, .310 acres until the June 27, 2006 meeting . Motion carried unanimously . 14. Public Hearing regarding a Variance (V-2006-08) request from NTB/ Tire Kingdom, Inc , to allow outside sales and storage or display area, for property located at 1213 N . Highway 377, Lot 1-BR-1, Block 6, Homestead Addition . Public Hearing Opened at 8 :49 p.m. Steven Chong, Store Manager, spoke in favor of the display of tires with a balloo n to draw traffic into the store. The tires would be outside during business hour s only. Public Hearing Closed at 8 :53 p .m. 15. Motion made by Frank Temple seconded by Steve Heath to approve a Variance (V 2006-08) request from NTB/ Tire Kingdom, Inc, to allow outside sales and storage o r display area, for property located at 1213 N . Highway 377, Lot 1-BR-1, Block 6 , Homestead Addition for a 60 day trial period and re-evaluate this item in 60 days . Motion carried unanimously .
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16 . Public Hearing regarding a Variance (V-2006-09) request from Trench Tech, to add a n additional sign on the building, for property located at 330 Benson Lane, Lot 1, Block 1 , Trench Tech Addition . Public Hearing Opened at 9 :01 p .m . Randy Lennard, Trench Tech, spoke in favor of the sign over the shipping an d receiving door to improve traffic flow . Ed Moore, Laser Boats, spoke in favor of the variance stating that they do no t have any issues with additional signage . Public Hearing Closed at 9 :03 p .m. 17 . Motion made by Steve Heath seconded by Frank Temple to approve a Variance (V 2006-09) request from Trench Tech, to add an additional sign on the building, fo r property located at 330 Benson Lane, Lot 1, Block 1, Trench Tech Addition . Motion carried unanimously . 18 . Motion made by Brian Darby seconded by Will Wolfe to approve Ordinance 2006-115 , Repealing Chapter 7, Article 7 .500, Section 7 .501 by establishing a new Chapter 7 , Article 7 .500, Sections 7.501 to 7 .507 entitled "Parks and Recreation" ; providing for prohibited conduct at public parks ; providing for city sponsored events ; prohibiting th e use of tobacco products at public parks ; prohibiting the possession and consumption o f alcoholic beverages at public parks . Motion carried unanimously . 19 . Motion made by Holly Gray-McPherson seconded by Kirby Smith to approve Ordinanc e 2006-116, Amending Chapter 10, Article 10 .300, by adding a new Section 10 .304 , entitled "Prohibited Parking" by prohibiting parking at such locations where officia l signs, curb markings, or street markings prohibit such parking ; prohibiting parking fo r such time periods longer than permitted by official signs, curb markings, or stree t markings. Motion carried unanimously . 20 . Motion made by Frank Temple seconded by Steve Heath to approve Ordinance 2006 117, Amending Chapter 10, Article 10 .200, Section 10 .202, Establishing official sto p intersections . Motion carried 5-1-0 . Holly Gray-McPherson opposed . 21 . Motion made by Frank Temple seconded by Steve Heath to approve Ordinance 2006 118, Establishing a Sinking Fund for the City Secretary's Employment Agreement . Motion carried 5-1-0 . Holly Gray-McPherson opposed . 22 . Motion made by Holly Gray-McPherson seconded by Will Wolfe to approve Ordinanc e 2006-119, Amending Appendix A - Fee Schedule, Article 2 .000, Providing a Community Recreation Center rental of building fee, for Northwest Independent Schoo l District Project Graduation Fee . Motion carried 5-1-0 . Frank Temple opposed .
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23 . Motion made by Brian Darby seconded by Steve Heath to approve Ordinance 2006 120, Amending the 2005-2006 Fiscal Year Budget . Motion carried unanimously . EXECUTIVESESSIO N Convene into closed session pursuant to sections 551 .071 Consultation with Attorne y regarding pending or contemplated litigation or a settlement offer . CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 9:22 P .M . 1. Consultation with Attorney regarding pending litigation The City of Roanoke, Texas vs. The Town of Westlake, Texas Cause No . 97-50150-367 . 2. Consultation with Attorney regarding pending litigation The Town of Westlake, Texa s vs . The City of Roanoke, Texas Cause No . 2003-20243-158 . 3. Consultation with Attorney regarding legal issues involving the Rock Hotel property and adjoining properties . 4. Consultation with Attorney regarding Pass-Through Tolling legal issues . CITY COUNCIL RECONVENED INTO REGULAR SESSION AT 10 :33 P.M. 1. Consider any necessary action regarding pending litigation The City of Roanoke , Texas vs . The Town of Westlake, Texas Cause No . 97-50150-367 . 2. Consider any necessary action regarding pending litigation The Town of Westlake , Texas vs . The City of Roanoke, Texas Cause No . 2003-20243-158 . 3. Consider any necessary action regarding legal issues involving the Rock Hote l property and adjoining properties . 4. Consider any necessary action regarding Pass-Through Tolling legal issues . No Action taken on any of the executive session items listed above . ANNOUNCEMENT S Debra Wallace announced The City of Roanoke received a 2006 TAMI Award from th e Texas Association of Municipal Information Officers (TAMIO) . The City was selected a s the best municipal government website in the state of Texas for cities under 70,000 . Th e City was selected from 3 finalists, which included the cities of Bedford and Mansfield . Chief Gary Johnson said Sergeant Almonrode assisted the Miracle League with a gran t application to the Tony Stewart Foundation (NASCAR driver) and subsequently th e Miracle League received a $5,000 .00 grant . Chief Mike Duncan said the Fire Department received $4,100 .00 grant from North Centra l Texas Trauma Regional Advisory Council . Mayor Gierisch congratulated Levi Miller on the birth of his daughter Elena Miller .
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ADJOURN ENT 1 . Motion made by Will Wolfe seconded b y 10 :38 p .m. Motion carried unanimously .
rian Darby to adjourn the meeting a t
6 Carl E . Gierisch, Of., Mayor
Kell Edwa , City Secretary