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MINUTES FOR THE REGULAR MEETING ne 13, 2006OF THE ROANOKE CITY COUNCI LRoanoke City Hall, 108 S . Oak Street, Roanoke, Texas 7 :02

RESENT :

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 :

Don Dixson and Tim James .

A. CALL TO ORDER

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/AppointedOfficers and administrated the Oath of Office to Councilmembers Brian Darby in Ward1, 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 eRecreation Center at the residential rate .

Randy Corn, 305 Darrell Road, said the proposed zoning change for County Acres see mto be okay with most of the people he has spoken with in the subdivision . He asked if thecity 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 eproposed zoning change for 305 Turner . Saying they moved here from Keller for thesmall town atmosphere and oppose the project due to the density .

Audie McQuaid, Municipal Marking Manager for Allied Waste, spoke about the propose dcurb side recycling program and offered to answer any questions .

Robbie Terrell, 1200 Riverside Road, spoke in favor of curb side recycling stating othe rstates and cities she has lived in have mandatory recycling . She feels is it ou rresponsibility as a community to contribute to recycling .

Bob Benedict, 1225 Indian Trail, spoke in favor saying it was a good idea and the righ tthing to do for Roanoke .

1NUTES F R THE REGULAR MEET! GOF THE ROAN OKE CITY COUNCIL

June 13, 2006

Shelly Sublette, 1221 Indian Trail, spoke in favor of the curb side recycling program . Shecurrently recycles but sometimes the public bins are full and you have to load each ite mone 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 gprogram .

Mayor Gierisch read a letter from Tammy Frisbie who is in favor of recycling but would lik eall of the citizens to be educated and that the program includes all of the businesses . Shewould like more research to be conducted before acting on the curb side recyclin gprogram .

D . CONSENT AGENDA

1. Consider approval of the minutes from the workshop meeting on April 24, 2006 .2. Consider approval of the minutes from the regular meeting on April 25, 2006 .3. Consider approval of the minutes from the regular meeting on May 23, 2006 .4. Consider approval of an Interlocal Agreement in Fort Worth's Environmental Collectio n

Center Household Hazardous Waste Program .5. Consider awarding the Park Mowing Bid to Three Alarm Landscape for an amount o f

$28,800.00 .6. Consider approval of an Interlocal Agreement with Denton County for Tax Collection .7. 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 ePlan to include the zoning and thoroughfare changes previously approved by the Cit yCouncil .

8. Consider awarding the Police Motorcycle Bid for $26,194 .00 to Cycle Center o fDenton .

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- 4and 6-8 on the consent agenda .

Motion carried unanimously .

Motion made by Frank Temple seconded by Brian Darby to approve item 5 of th econsent agenda.


MINUTES FOR TIE REGULAR MEETIN GOF THE ROANOKE CITY COUNCIL

June 13, 2006

OL BUSINESS

1. Public Hearing regarding a substandard structure on property located at 352 Sher iLane, 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 asubstandard structure on property located at 352 Sheri Lane, Lot 21, Block 5 Countr yAcres Estates until the July 11, 2006, meeting allowing for the owner of the property t oapply for construction permits .


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 ewithin 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 eagreed to sign an affidavit that the pole sign would be used for both NTB and th efuture business on the vacant property .

Steven Chong, NTB Store Manager, spoke in favor of the pole sign for visibilityreasons 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 efootage 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 dAddition until the July 11, 2006, meeting so the property owner could submit a signe daffidavit stating that the pole sign would be used for both NTB and the future busines son the vacant property .


The Mayor stated that no action would be taken on items 5 and 6 since the owner ha sdemolished the structure .

5. Public Hearing regarding a substandard structure on property located at 107 Pin eStreet, Lots 1-3, Block 6 (N65') OT Roanoke .

MINUTES FOR THE REGULAR MEETIN GOF THE ROANOKE CITY COUNCIL

June 13, 20

6

6. Consideration and action on a substandard structure on property located at 107 Pin eStreet, 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 oserve as president pro tempore for a term of one (1) year pursuant to §22 .037 of th eLocal Government Code .

Motion carried 4-3-0 . Brian Darby, Steve Heath, and Frank Temple opposed . MayorGierisch 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 oenter 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 .537acres of property located at 1226 Highway 377, Lot 13, Block 7, Homestead Retai lAddition .

Public Hearing Opened at 7 :55 p .m .

Mike Clark, Winklemann Assoc ., spoke in favor of the re-plat to develop th eproperty. The necessary adjustments were made to the easements .

Mike Duncan, Fire Chief, said abandoning the Fire Lanes easements does meetthe requirements for a shell building .

Randy Corn, 305 Darrell Road, asked if developing that property would clean u pthe property behind Wal-Mart .


4. Motion made by Brian Darby seconded by Frank Temple to postpone a Re-plat (RP-2006-02) request from Mike Clark, to re-plat 8 .537 acres of property located at 122 6Highway 377, Lot 13, Block 7, Homestead Retail Addition until the June 27, 2006 ,meeting .


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 t13, Block 7, Homestead Retail Addition until the June 27, 2006, meeting .


MI UTES FR TIDE REGULAR MEETIN GOF THE ROANOKE CITY COUNCIL

June 13, 2006

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 yResidential" to "Planned Development" .


David Bonner, property owner, said he has reconsidered the number of home sand request that this item be remanded back to the Planning and Zonin gCommission .

Public Hearing Closed at 8 :03 p.m .

7. Motion made by Frank Temple seconded by Kirby Smith to remand a Zoning reques tfrom Architectural Building & Construction, L .L.C, David Bonner, for property located a t305 Turner, A0923 MEP & PRR Tract 45, 1 .943 acres, OLD DCAD, TR #14, to chang ethe zoning from R-l "Single Family Residential" to "Planned Development" back to th ePlanning and Zoning Commission .

Motion carried unanimously.

8. Public Hearing regarding a Variance (V-2006-05) request from U STORE IT, to allo wsignage closer than 150 feet to a pole sign for property located at 1201 N . Highway377, 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 eon the side of the building for better visibility .


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 rproperty located at 1201 N . Highway 377, Lot 1AR, Block 6, of the Homestea dAddition .


10. Public Hearing regarding a Variance (V-2006-06) request from Tucker Motorcycl eSupply, to deviate from the landscaping requirements for property located at 205 E .Byron Nelson Blvd ., A0923A MEP & PRR, Tract 19, .310 acres .


Tony Tucker, owner, spoke in favor based on the limited space he has t olandscape . He has proposed some landscaping along the front and West side ofthe building .



June 13, 2006

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 aVariance (V-2006-06) request from Tucker Motorcycle Supply, to deviate from th elandscaping requirements for property located at 205 E . Byron Nelson Blvd ., A0923AMEP & PRR, Tract 19, .310 acres until the June 27, 2006, meeting .


12. Public Hearing regarding a Variance (V-2006-07) request from Tucker Motorcycl eSupply, to deviate from the parking requirements for property located at 205 E . SyronNelson 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 toprovide 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 aVariance (V-2006-07) request from Tucker Motorcycle Supply, to deviate from theparking requirements for property located at 205 E . Byron Nelson Blvd ., A0923A ME P& PRR, Tract 19, .310 acres until the June 27, 2006 meeting .


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 nto draw traffic into the store. The tires would be outside during business hour sonly .


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 rdisplay 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 .


MINUTES FOR THE REGULAR MEETING

June 13, 2006OF THE ROANOKE CITY COUNCIL

16 . Public Hearing regarding a Variance (V-2006-09) request from Trench Tech, to add a nadditional sign on the building, for property located at 330 Benson Lane, Lot 1, Block 1 ,Trench Tech Addition .


Randy Lennard, Trench Tech, spoke in favor of the sign over the shipping an dreceiving door to improve traffic flow .

Ed Moore, Laser Boats, spoke in favor of the variance stating that they do no thave any issues with additional signage .


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 rproperty 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 forprohibited conduct at public parks ; providing for city sponsored events ; prohibiting th euse of tobacco products at public parks ; prohibiting the possession and consumption o falcoholic beverages at public parks .


19. Motion made by Holly Gray-McPherson seconded by Kirby Smith to approve Ordinanc e2006-116, Amending Chapter 10, Article 10 .300, by adding a new Section 10 .304 ,entitled "Prohibited Parking" by prohibiting parking at such locations where officia lsigns, curb markings, or street markings prohibit such parking ; prohibiting parking fo rsuch time periods longer than permitted by official signs, curb markings, or stree tmarkings .


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 pintersections .

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 e2006-119, Amending Appendix A - Fee Schedule, Article 2 .000, Providing aCommunity Recreation Center rental of building fee, for Northwest Independent Schoo lDistrict Project Graduation Fee .

Motion carried 5-1-0 . Frank Temple opposed .

MUTES FOR THE REGULAR MEETIN GOF THE ROANOKE CITY COUNCIL

June 13, 200 6

23. Motion made by Brian Darby seconded by Steve Heath to approve Ordinance 2006 -120, Amending the 2005-2006 Fiscal Year Budget .


EXECUTIVESESSIONConvene into closed session pursuant to sections 551 .071 Consultation with Attorne yregarding 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, Texasvs . The City of Roanoke, Texas Cause No . 2003-20243-158 .

3. Consultation with Attorney regarding legal issues involving the Rock Hotel propertyand 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 lproperty 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 .

ANNOUNCEMENTS

Debra Wallace announced The City of Roanoke received a 2006 TAMI Award from th eTexas Association of Municipal Information Officers (TAMIO) . The City was selected asthe best municipal government website in the state of Texas for cities under 70,000 . TheCity 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 grantapplication to the Tony Stewart Foundation (NASCAR driver) and subsequently th eMiracle League received a $5,000.00 grant .

Chief Mike Duncan said the Fire Department received $4,100 .00 grant from North Centra lTexas Trauma Regional Advisory Council .

Mayor Gierisch congratulated Levi Miller on the birth of his daughter Elena Miller .


June 13, 2006

L

ADJOURN ENT

1 . Motion made by Will Wolfe seconded b y10:38 p .m .


rian Darby to adjourn the meeting a t

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Carl E . Gierisch, Of., Mayor

Kell Edwa , City Secretary

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