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HomeMy Public PortalAboutCity Council Minutes 11-14-1995 MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING NOVEMBER 14, 1995 1. CALL TO ORDER Mayor Kelley called the meeting to order at 7:30 p.m. in the Council Chambers of the Richland Hills City Hall, 3200 Diana Drive, Richland Hills, Texas. Councilmembers Present: Pat Watkins, Horace Hamilton, Larry Wilson, and LaRue Wall. Councilmembers Absent: Reta P. Kaastad City Staff Present: City Manager James W. Quin, City Secretary Terri Willis and City Attorney Paul Wieneskie. 2. INVOCATION AND PLEDGES OF ALLEGIANCE Mayor Kelley requested a moment of silence for prayer. Councilmember Wall led the Pledge of Allegiance to the United States and Texas flags. 3. PRESENTATIONS~RECOGNITIONS Mayor Kelley presented five-year service awards to Firefighter/Paramedics Anthony E. Miellmier, Samuel R. Hahn and Curtis Morgan; and, presented a ten-year service award to Firefighter/Paramedic Roger Searcy. 4. COUNCIL-APPOINTED BOARDS At this time, the City Council considered appointments to the City's Boards, Commissions and Committees. Mayor Pro Tem Wilson nominated Ms. Jamie Wendell for appointment to Place 4C on the Parks and Beautification Advisory Board. Mayor Kelley advised there being no objection, Ms. Wendell was duly-appointed. Councilmember Wall nominated Mr. Edward (Dean) Youngman for appointment to Place 5A on the Wastewater System Advisory Board. Mayor Kelley advised there being no objection, Mr. Youngman was duly-appointed. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING NOVEMBER 14, 1995 PAGE 2 5. CLEAN CITY EDUCATION PROGRAM FUNDING REQUEST City Manager Quin advised that this item was for consideration of approving a funding request in the amount of $320, which was submitted by the Richland Hills Clean City Commission to provide educational programs to the elementary schools. The City Council had budgeted $10,000 in discretionary funds for board activities. Approximately $3,250 was used to fund the Household Hazardous Waste Program, therefore, available funds in the Discretionary Fund totalled $6,750. At the request of Mayor Pro Tem Wilson, Mrs. Nelda Stroder, member of the Clean City Commission, explained that the educational program was presented by Professor Pflugelhorn as a magic show demonstrating various environmental issues relating to water, air, recycling, etc. Councilmember Hamilton pointed out that the City Council had received letters from the principals of Glenview Elementary • and Richland Elementary requesting the continuation of this program. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Watkins, to approve the funding request in the amount of $320 submitted by the Clean City Commission to provide the educational programs presented by Professor Pflugelhorn to be funded from the Council Discretionary Fund. The motion unanimously carried. 6. TARRANT APPRAISAL DISTRICT APPRAISAL REVIEW BOARD NOMINATIONS City Manager Quin advised that this item was for consideration of approving nominations to the Tarrant Appraisal District Appraisal Review Board. MOTION: A motion was made by Councilmember Hamilton, and seconded by Councilmember Watkins, that the Council consider nominating one or more citizens to the Tarrant Appraisal District to be a member of the Appraisal Review Board. The motion unanimously • carried. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING NOVEMBER 14, 1995 PAGE 3 6. TARRANT APPRAISAL DISTRICT APPRAISAL REVIEW BOARD NOMINATIONS (cont'd.) Councilmember Hamilton advised that the deadline for nominations was December 15, 1995, and encouraged any interested citizen to apply for the position. Mayor Pro Tem Wilson pointed out that nominations would be considered at the next regular City Council meeting scheduled for November 28, 1995. 7. AWARD OF CONTRACT FOR WELL REPAIRS City Manager Quin advised that this item was for consideration of awarding a contract to Millican Well Service in the amount of $56,471 for the repair of the Booth Trinity and Paluxy wells. One bid was received for the well repairs, however, Millican Well Service had completed several well repairs for • the City during the past five years. Public Works Superintendent Robert Osborn reported that the bid for the repairs was consistent with prior work completed on City wells. The contract price of $56,471 was the maximum cost of the repairs, however, it was noted that the cost could be lower ($15,800), if the existing pump motor starter and cable do not have to be replaced. The City had budgeted $41,000 in the FY 1994-95 for well repairs, and a balance of $36,268 remained as of September 30, 1995. The City had budgeted $26, 500 for well repairs in FY 1995-96, therefore, if a budget amendment were approved at the December 12, 1995 Council meeting, funds available for well repairs would total $62,768. MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to award the contract to Millican Well Service in the amount of $56,471 to repair the Booth Trinity and Paluxy wells. The motion unanimously carried. 8. APPROVAL OF SPECIFICATIONS FOR A ONE-TON TRUCK FOR PUBLIC WORKS City Manager Quin advised that this item was for consideration • of approving specifications for a one-ton truck for the Public Works Sewer Department, and authorizing staff to seek competitive sealed bids. This item was approved in the FY 1995-96 budget in the amount of $26,000. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING NOVEMBER 14, 1995 PAGE 4 8. APPROVAL OF SPECIFICATIONS FOR A ONE-TON TRUCK FOR PUBLIC WORRS (cont'd.) MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to approve the specifications and authorize staff to seek competitive sealed bids for a one-ton truck for the Public Services Sewer Department. The motion unanimously carried. 9. APPROVAL OF SPECIFICATIONS FOR AN ASPHALT DOUBLE DRUM VIBRATORY ROLLER FOR THE PUBLIC WORKS STREET DEPARTMENT City Manager Quin advised that this item was for consideration of approving specifications for an asphalt double drum vibratory roller for the Public Works Street Department, and authorizing staff to seek competitive sealed bids. This item was also approved in the FY 1995-96 budget in the amount of $27,500. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Watkins, to approve the specifications and authorize staff to seek competitive sealed bids for an asphalt double drum vibratory roller for the Public Works Street Department. The motion unanimously carried. 10. APPROVAL OF AN ORDINANCE ADOPTING THE 1994 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS City Manager Quin advised that this item was for consideration of adopting an ordinance amending Section 13 "Abatement of Dangerous Buildings Code" of Chapter 3 "Building Regulations" of the Code of Ordinances of the City of Richland Hills, Texas. The proposed ordinance caption reads as follows: "AN ORDINANCE AMENDING SECTION 13 "ABATEMENT OF DANGEROUS BUILDINGS CODE OF CHAPTER 3 "BUILDING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, AS AMENDED, TO ADOPT THE 1994 EDITION OF THE UNIFORM CODE FOR THE • ABATEMENT OF DANGEROUS BUILDINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT THAT THE PENALTY SHALL BE THAT FIXED BY STATE LAW WHERE A DIFFERENT MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING NOVEMBER 14, 1995 PAGE 5 10. APPROVAL OF AN ORDINANCE ADOPTING THE 1994 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS (cont'd.) PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE AND EXCEPT THAT FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION GOVERNING FIRE SAFETY, ZONING OR PUBLIC HEALTH AND SANITATION, INCLUDING THE DUMPING OF REFUSE AS THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS LITTER ABATEMENT ACT, ARTICLE 4477-9A, VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; APPOINTING A BOARD OF APPEALS; AND PROVIDING AN EFFECTIVE DATE." MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to adopt the ordinance adopting the 1994 Edition of the Uniform Building Code for the Abatement of Dangerous Buildings. The motion unanimously carried. (Ordinance No. 770-95) 11. APPROVAL OF AN ORDINANCE ADOPTING THE 1994 UNIFORM HOUSING CODE City Manager Quin advised that this item was for consideration of adopting an ordinance amending Section 12 "Housing Code" of Chapter 3 "Building Regulations" of the City of Richland Hills, Texas, as amended; and adopting the 1994 Edition of the Uniform Housing Code as the Housing Code for the City of Richland Hills. The proposed ordinance caption reads as follows: "AN ORDINANCE AMENDING SECTION 12 "HOUSING CODE" OF CHAPTER 3 "BUILDING REGULATIONS" OF THE CITY OF RICHLAND HILLS, TEXAS, AS AMENDED; ADOPTING THE 1994 EDITION OF THE UNIFORM HOUSING CODE AS THE HOUSING CODE FOR THE CITY OF RICHLAND HILLS, TEXAS; MAKING CERTAIN AMENDMENTS TO SAID UNIFORM HOUSING CODE TO BE EFFECTIVE WITHIN THE CITY OF RICHLAND HILLS, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT THAT THE PENALTY SHALL BE THAT FIXED BY STATE LAW WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE AND EXCEPT THAT FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION GOVERNING FIRE SAFETY, ZONING OR PUBLIC HEALTH AND SANITATION, INCLUDING THE DUMPING OF REFUSE MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING NOVEMBER 14, 1995 PAGE 6 11. APPROVAL OF AN ORDINANCE ADOPTING THE 1994 UNIFORM HOUSING CODE (cont'd.) AS THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS LITTER ABATEMENT ACT, ARTICLE 4477-9A, VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; APPOINTING A BOARD OF APPEALS; AND PROVIDING AN EFFECTIVE DATE." MOTION: A motion was made by Councilmember Hamilton, and seconded by Councilmember Watkins, to adopt the ordinance amending Section 12 "Housing Code" of Chapter 3 "Building Regulations" of the City of Richland Hills, Texas, as amended; and adopting the 1994 Edition of the Uniform Housing Code as the Housing Code for Richland Hills. The motion unanimously carried. (Ordinance No. 771-95) • 12. RE4UEST BY SUNSET GARDENS TO WAIVE STREET CUT PERMIT City Manager Quin advised this item was for consideration of a request by Ms. Martena De La Fuente of the Sunset Gardens Retirement Living Community for a waiver of street cut permit fees. City Manager Quin pointed out that he and the Building Official, Dale Jackson, both recommended denial of the request, due to the fact that the City Code requires a street cut fee be paid. There was discussion between the Council, City Attorney, City staff and Ms. De La Fuente regarding her feeling that she owns the right-of-way from the Latham Street approach onto the drive of Sunset Gardens, and therefore should not have to pay the street cut fee in the approximate amount of $500. City Attorney Wieneskie explained that even if Ms. De La Fuente owned the property beneath the street, the City owns the street and any rights to the street, such as to keep it open for public travel, and would still be responsible for maintaining the street. It was pointed out that the City Council had previously approved a waiver of sewer and water tap administrative fees in the amount of $702.38 for this project, however, the street cut fees were to reimburse the City for actual costs incurred for the street cut. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING NOVEMBER 14, 1995 PAGE 7 12. REQUEST BY SUNSET GARDENS TO WAIVE STREET CUT PERMIT (cont'd.) MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Wall, to deny the request to waive the street cut fees as requested by Ms. Martena De La Fuente of the Sunset Gardens Retirement Living Community. The motion unanimously carried. 13. CANCELLATION OF DECEMBER 26, 1995 REGULAR MEETING City Manager Quin advised that this item was for consideration of cancelling the December 26, 1995 regular City Council meeting, due to the Christmas holidays. MOTION: A motion was made by Councilmember Wall, and seconded by Councilmember Watkins, to cancel the December 26, 1995 regular City Council meeting. • The motion unanimously carried. 14. APPROVAL OF AN ORDINANCE ESTABLISHING A BUILDING SECURITY FEE FOR THE MUNICIPAL COURT City Manager Quin advised that this item was for consideration of adopting an ordinance amending Chapter 1 "General Provisions" of the Code of Ordinances by the addition thereto of a new Section 23 "Municipal Court Building Security Fee"; providing for imposition of a $3.00 security fee as a cost of court; creating a municipal court building security fund; and specifying permitted uses for said municipal court building security fund. The proposed ordinance will enable the City to offset personnel costs associated with the Police Department's personnel presence at municipal court hearings. The proposed ordinance caption reads as follows: "AN ORDINANCE AMENDING CHAPTER 1 "GENERAL PROVISIONS" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, BY THE ADDITION THERETO OF A NEW SECTION 23 "MUNICIPAL COURT BUILDING SECURITY FEE": PROVIDING FOR IMPOSITION OF A $3.00 SECURITY FEE AS A COST OF COURT; CREATING A MUNICIPAL COURT BUILDING SECURITY FUND; SPECIFYING PERMITTED USES FOR SAID MUNICIPAL • COURT BUILDING SECURITY FUND; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE." MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING NOVEMBER 14, 1995 PAGE 8 14. APPROVAL OF AN ORDINANCE ESTABLISHING A BUILDING SECURITY FEE FOR THE MUNICIPAL COURT (cont'd.) MOTION: A motion was made by Councilmember Hamilton, and seconded by Councilmember Watkins, to adopt the ordinance amending Chapter 1 "General Provisions" of the Code of Ordinances by the addition thereto of a new Section 23 "Municipal Court Building Security Fee"; providing for imposition of a $3.00 security fee as a cost of court; creating a municipal court building security fund; and specifying permitted uses for said municipal court building security fund. The motion unanimously carried. (Ordinance No. 772-95) 15. APPROVAL OF GEOGRAPHIC INFORMATION SYSTEM ASSISTANCE PROPOSAL City Manager Quin advised that this item was for consideration of approving a proposal submitted by the engineering firm of Carter & Burgess, Inc., in the amount of $14,855 to provide geographic information systems mapping and an accurate data base to guide analysis of the sewer system. Approval of the proposal would initiate the development of an accurate data base of the current sewer system and provide the foundation for a detailed evaluation of the sewer system and planned capital improvements. Mr. Quin pointed out that this item was related to the EPA Administrative Order in order to comply with the City's response to the EPA. The engineer's estimated amount for an evaluation of the sewer system was $200, 000, and the estimated cost for improvements calculated by a formula provided by the EPA on the number of feet in the sewer system was $2,000,000. Mr. Quin further advised that in order to reduce the cost of inputting and developing fields of information on the computer in this regard, he intended on utilizing the BISD School-to-Work Plan by employing a student in the program to assist in the computer programming and input. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to approve the Geographic Information System Assistance Proposal submitted by Carter & Burgess in the amount of $14,855, which was a portion of the $200,000 • estimated amount for the study and the $2.2 million estimated cost for the evaluation of the sewer system in response to the EPA Administrative Order. The motion unanimously carried. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING NOVEMBER 14, 1995 PAGE 9 15. APPROVAL OF GEOGRAPHIC INFORMATION SYSTEM ASSISTANCE PROPOSAL (cont'd.} Mr. John Cook and Mr. Frank Payne, with the engineering firm of Carter & Burgess, explained the plan of action in response to the EPA Administrative Order. 16. REMOVAL OF CONSENT AGENDA ITEMS There were no items removed from the Consent Agenda. 17. CONSENT AGENDA City Manager Quin reviewed the items on the Consent Agenda as follows: A. Approval of the Minutes of September 26, October 10 and • October 24, 1995 Regular Meetings; and, B. Call a Public Hearing to Amend the Fiscal Year 1995-96 Budget for December 12, 1995 at 7:30 p.m. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to approve the Consent Agenda as presented. The motion unanimously carried. 18. REPORTS AND COMMENTS At the request of Councilmember Wall, City Manager Quin reported the current amount of funds in reserves were as follows: Total Funds $2,631,776.47 General Fund 1,325,479.32 Enterprise Fund 768,001.15 Others (dedicated) 538,296.00 Mr. Quin pointed out that as required by ordinance, a minimum of $1 million was required in reserves, and a repayment to the • Police Station Fund in the amount of $32,500 was required each year. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING NOVEMBER 14, 1995 PAGE 10 18. REPORTS AND COMMENTS (cont'd.) Councilmember Wall pointed out that she had requested this information, due to a Letter to the Editor in the Star- Telegram regarding the City's reserve funds and wanted to clarify this amount. Councilmember Wall also requested this information be placed in the City's newsletter. Mayor Pro Tem Wilson reported that the Richland High School football team are District Champions this year. ?T. S. Bridges, 7231 Hovenkamp, Richland Hills, stated he believed the author of the Letter to the Editor discussed by Councilmember Wall should be noted. ?Ronald Grogan, 7508 Richland Road, Richland Hills, advised he was the author of the Letter to the Editor previously discussed, and explained that he had received his information from a previous Council meeting in July, and pointed out that . his entire letter was not printed. Mayor Kelley recessed the regular session of the City Council at 9:10 p.m., in order to enter into Executive Session. 19. EXECUTIVE SESSION Mayor Kelley convened the City Council into Executive Session at 9:14 p.m. in the Council Conference Room. A. Consideration of Entering into Executive Session in Accord with Chapter 551, Section 551.074, Personnel, of the Texas Government Code, to Deliberate the Matters Concerning a Public Officer or Employee, Specifically, (1) City Secretary's Job Description; and, (2) City Attorney Position. B. Consideration of Entering into Executive Session in Accord with Chapter 551, Section 551.072, of the Texas Government Code to Deliberate the Purchase, Exchange, Lease or Value of Real Property. Mayor Kelley adjourned the Executive Session at 9:45 p.m. • C. Consideration of Final Action, Decision, or Vote on a Matter Deliberated in Executive Session in Accord with Chapter 551, Section 551.102, of the Texas Government Code. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING NOVEMBER 14, 1995 PAGE 11 Mayor Kelley reconvened the regular session of the City Council at 9:50 p.m. in the Council Chambers. MOTION: A motion was made by Councilmember Hamilton, and seconded by Councilmember Watkins, to instruct staff to prepare an ordinance directed toward the enhancement of traffic safety issues at intersections within the City of Richland Hills. The motion unanimously carried. 20. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 9:52 p.m. APPROVED: • C. F. KELLEY, MAYOR ATTEST: T I ILLI , C TY SECRETARY •