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HomeMy Public PortalAboutCity Council Minutes 11-28-1995 MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING NOVEMBER 28, 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, Reta P. Kaastad, Horace Hamilton, Larry Wilson, and LaRue Wall. 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 Watkins led the Pledge of Allegiance to the United States and Texas flags. 3. COUNCIL-APPOINTED BOARDS There were no appointments made by the City Council at this time. 4. TARRANT APPRAISAL DISTRICT APPRAISAL REVIEW BOARD NOMINATIONS There were no nominations made by the City Council at this time. 5. T STREET MODIFICATION AND ALTERATION CONTRACT City Manager Quin advised that this item was for consideration of approving a street modification and alteration contract with the T resulting in $81,590 in total revenue to the City for Fiscal Year 1995-96. The City Council had approved this contract annually since 1992. The City receives 15 percent of the transportation sales tax collected from the T each year. MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to approve the T street modification and alteration contract as presented. The motion unanimously carried. MINUTES OF THE RICHLAND HILLS CITY COUNCIL . REGULAR MEETING NOVEMBER 28, 1995 PAGE 2 6. APPROVAL OF AN ORDINANCE ESTABLISHING ADMINISTRATIVE FEES FOR STREET ABANDONMENT REQUESTS City Manager Quin advised that this item was for consideration of approving an ordinance establishing administrative fees for the processing of street abandonment requests. Mr. Quin advised that the City Attorney had recommended this item be removed from the agenda and referred to the Planning and Zoning Commission. Mayor Pro Tem Wilson inquired as to why the proposed ordinance needed to be referred to the Planning and Zoning Commission. City Attorney Wieneskie explained that any request for vacating a city street or abandoning city right-of-way had to initially be cleared through the Planning and Zoning Commission, therefore, he felt the ordinance should be reviewed by the Planning and Zoning Commission prior to Council approval. • There was further discussion regarding the establishment of a $125 application processing fee and how this amount was determined. Mr. Wieneskie explained that in consulting with City Manager Quin, this amount was an estimate of the cost the City would incur in processing an application. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to remove this item from the agenda. The motion unanimously carried. 7. APPROVAL OF AN ENGINEERING AGREEMENT WITH KNOWLTON-ENGLISH- FLOWERS, INC. TO DESIGN DRAINAGE IMPROVEMENTS City Manager Quin advised that this item was for consideration of approving an engineering agreement with Knowlton-English- Flowers, Inc. (KEF) to design drainage improvements in the vicinity of Matthews Drive and John Drive. The City Council had conducted workshops with KEF on August 10 and November 9, 1995 concerning possible drainage improvements. It was the consensus of the Council, at the last workshop, to consider approval of the John Drive and Matthews Drive drainage project, due to the fact that it would be beneficial to the City and would be consistent with the Master Drainage • Improvements Plan. Mr. Quin further advised that the cost of the project was estimated at $95, 000, with the engineering fee being $6,669, and the total services furnished for the right- of-way acquisition and construction layout, including the engineering, would not exceed $12,000. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING NOVEMBER 28, 1995 PAGE 3 7. APPROVAL OF AN ENGINEERING AGREEMENT WITH KNOWLTON-ENGLISH- FLOWERS, INC. TO DESIGN DRAINAGE IMPROVEMENTS (cont'd.) Mr. Phil Philipp, representing Knowlton-English-Flowers, Inc., briefly reviewed the drainage project, and discussed various aspects of the project with the Council. MOTION: A motion was made by Councilmember Wall, and seconded by Councilmember Watkins, to approve the engineering agreement with Knowlton-English- Flowers, Inc. to design drainage improvements on John Drive and Matthews Drive. The motion unanimously carried. 8. APPROVAL OF SIGN REGULATION ORDINANCE City Manager Quin advised that this item was for consideration • of adopting a sign regulation ordinance. In the Fall of 1993, the City Council had directed the Planning and Zoning Commission to develop a new sign ordinance, and in conjunction with the Building/Code Official, Dale Jackson, the proposed ordinance had been prepared for the Council's consideration. The ordinance caption reads as follows: "AN ORDINANCE ADDING A CHAPTER 15 "SIGN CODE" TO THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS; ADOPTING PERMIT FEES; PROVIDING FOR PENALTIES FOR VIOLATION OF THIS ORDINANCE TO EXCEED THE SUM OF FIVE HUNDRED ($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 HAT 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; PROVIDING PROVISIONS FOR VARIANCES FROM SIGN REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND PROVIDING AN EFFECTIVE DATE." • MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING NOVEMBER 28, 1995 PAGE 4 8. APPROVAL OF SIGN REGULATION ORDINANCE (cont'd.) Building/Code Official Dale Jackson reviewed the revisions to the Sign Code as recommended by the Planning and Zoning Commission: 1. Off-premise signs will no longer be allowed; 2. Temporary banner sign, streamers and flags will be regulated; 3. Portable signs will be regulated; 4. Pole signs will no longer be allowed; however, monument signs or signs attached to buildings will be allowed; 5. Fees increase from a scale based on the size of the sign to a flat fee of $50 per sign; • 6. Provides for collection of an impoundment fee for any sign erected in violation of the ordinance; 7. Provides for variances to the Sign Code be heard by the Zoning Board of Adjustment and sets a $100 administrative fee to accompany the variance request; 8. Provides for maintenance requirements and notification for signs needing repair, and providing a 10-day period for repairs after notification; 9. Signs for businesses that no longer exist must be removed; 10. Provides requirements for property sale signs; and, 11. New requirements for temporary construction signs and signs for remodeling or repair projects, such as roof repair and swimming pools. MOTION: A motion was made by Councilmember Wall, and seconded by Councilmember Watkins, to adopt the sign regulation ordinance; and, to include a synopsis of the new regulations in the newsletter as soon as possible. The motion unanimously carried. (Ordinance No. 773-95) MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING NOVEMBER 28, 1995 PAGE 5 9. APPROVAL OF SPECIFICATIONS FOR CONSTRUCTION TRACTOR LOADER BACKHOE City Manager Quin advised that this item was for consideration of approving specifications for a construction tractor loader backhoe, and authorizing staff to seek competitive sealed bids. This item was approved as part of the Fiscal Year 1995- 96 budget in the amount of $55,000 for the Water Production Department. MOTION: A motion was made by Councilmember Hamilton, and seconded by Mayor Pro Tem Wilson, to approve the specifications for a construction tractor loader backhoe, and authorize staff to seek competitive sealed bids. The motion unanimously carried. 10. PROPOSED AMENDMENT TO THE CITY SICK LEAVE POLICY • City Manager Quin advised this item was for consideration of approving an amendment to the City's sick leave policy as recommended by the Employee Advisory Committee. This amendment would allow City employees to use accrued sick leave for immediate family members, and also allow retiring employees to convert six weeks of sick leave to annual leave. MOTION: A motion was made by Mayor Pro Tem Wilson to deny the proposed amendment to the City's sick leave policy as written. The motion died for lack of a second. MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to approve the amendment to the City's sick leave policy as written. Fire Chief Greg Tucker reviewed the proposed amendment to the sick leave policy and recommended approval of the amendment as proposed by the Employee Advisory Committee. VOTE ON MOTION: The motion carried by a vote of 4 to 1, with Mayor Pro Tem Wilson casting the negative vote. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING NOVEMBER 28, 1995 PAGE 6 11. CLASSIFICATION AND COMPENSATION PLAN REVISION City Manager Quin advised that this item was for consideration of reclassifying the Deputy Court Clerk position from a part- time to a full-time position. Mr. Quin explained that for the past two months, staff had tried to fill the part-time position, however, had been unable to find a qualified candidate willing to accept a part-time position. Therefore, staff was recommending the position be upgraded to a full-time position. The net cost to the City to upgrade the position amounted to $1,382. Mr. Quin also pointed out that revenue from the Court had decreased since the Deputy Court Clerk position had not been filled. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to upgrade the Deputy Court Clerk position from part-time to full- time. The motion unanimously carried. 12. APPROVAL OF NEWSLETTER ARTICLE FOR JANUARY SPECIAL ELECTION City Manager Quin advised that this item was for consideration of an article to be placed in the December newsletter regarding the January 20, 1996 special election ballot proposition for the economic development 4B sales tax. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to approve the newsletter article as presented regarding the economic development 4B sales tax. The motion unanimously carried. 13. DISCUSSION OF SCHEDULING WORKSHOP REGARDING WASTEWATER SYSTEM EPA ADMINISTRATIVE ORDER City Manager Quin advised that this item was for consideration of scheduling a workshop regarding the wastewater system EPA Administrative Order and the role of the Wastewater System Advisory Board. MOTION: A motion was made by Councilmember Kaastad, and . seconded by Councilmember Wall, to schedule a workshop for Tuesday, December 5, 1995 at 7:00 p.m. regarding the wastewater system EPA Administrative Order, and that the Wastewater System Advisory Board and Public Works Director Robert Osborn attend. The motion unanimously carried. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING NOVEMBER 28, 1995 PAGE 7 14. DISCUSSION OF RESCHEDULING NOVEMBER 16, 1995 WORKSHOP WHICH WAS CANCELLED City Manager Quin advised that this item was for consideration of rescheduling the November 15, 1995 workshop which was cancelled. The workshop was for the purpose of discussing the use of cable television and the newsletter, the location of municipal court and revisions to advisory board ordinances. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Watkins, to schedule a workshop for Thursday, December 7, 1995 at 7:00 p.m. to discuss the use of cable television and the newsletter, the location of municipal court and revisions to advisory board ordinances. The motion unanimously carried. 15. DISCUSSION OF NOVEMBER 20 1995 SPECIAL COUNCIL MEETING • City Manager Quin advised that this item was for consideration and possible action/remedies through Council Policies and Procedures concerning accusations made as fact at the November 20, 1995 Special Meeting called with only one item on the agenda, "Discussion and Possible Action for Rearrrangement of City Offices". Accusations made in open meeting, which were not substantiated by Councilmembers Horace Hamilton and Pat Watkins against Councilmembers Reta Kaastad, Larry Wilson and LaRue Wall regarding the Open Meetings Act; micro- management of the City Manager; personal vendetta against the City Secretary; not allowing workshops; trying to limit the number of Councilmembers attending Council meetings; and, their disregarding the agenda. This item was placed on the agenda by Councilmember Kaastad. Councilmember Kaastad stated that, at the November 20, 1995 Council meeting, it was alleged by a member of the Council that she had a personal vendetta against a member of the City staff and she was not allowed to respond. Ms. Kaastad further stated that she did not believe in vindictive actions and, as a Councilmember, she had appointed members of all political camps to the City's boards and had tried to assist when possible. Ms. Kaastad further stated that any action she • takes as a Councilmember is positively in keeping with her MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING NOVEMBER 28, 1995 PAGE 8 15. DISCUSSION OF NOVEMBER 20, 1995 SPECIAL COUNCIL MEETING (cont'd.) beliefs and is only done to better the City's effective operations. Ms. Kaastad advised Mayor Kelley that she did not believe formal action concerning this item was needed as the remedy should be that all Councilmembers, in the future, strictly adhere to the rules of procedures in place which were accepted by the Council. Mayor Pro Tem Wilson commented on the accusation of violation of the Open Meetings Act, and stated that three Councilmembers did not get together as was stated at the November 20, 1995 meeting. Mr. Wilson also commented on the last agenda being a one item agenda and there being no item for comments, and requested the Mayor to allow individuals to answer to comments if he was going to allow comments in the future. Councilmember Hamilton pointed out that the November 20, 1995 • Special Council Meeting was called immediately before the weekend and it was held on a Monday morning. There were several issues raised in discussing the item on the agenda and after voting on the motion. Individual opinions were given in regard to the agenda item, and it had been stated that the items discussed were not on the agenda. However, Mr. Hamilton pointed out it was a matter of perspective, and his perspective was that the issues discussed were related to the agenda item. Councilmember Kaastad pointed out that the Council Rules of Procedures stated that "Any member of the City Council desiring to speak may do so after being recognized by the presiding officer and shall confine his remarks to the subject under consideration." Ms. Kaastad pointed out that all regular meeting agendas have a comment section, and the special meeting agenda did not have a comment section. Ms. Kaastad also pointed out that it was the Chair's duty, under Robert's Rules of Order, that the agenda be followed. Mayor Kelley pointed out that he would make every effort to adhere to the agenda, however, he also would continue to make every effort to let everyone be heard, consistent with good judgement and behavior. i MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING NOVEMBER 28, 1995 PAGE 9 15. DISCUSSION OF NOVEMBER 20, 1995 SPECIAL COUNCIL MEETING (cont'd.) ?Oliver Pettit, 7505 Hovenkamp, Richland Hills, commented on issues discussed at the November 20, 1995 City Council Meeting; and, the City Attorney's preparation for Council meetings. ?T. S. Bridges, 7231 Hovenkamp, Richland Hills, commented on the Sign Ordinance approved earlier in the meeting. 16. REMOVAL OF CONSENT AGENDA ITEMS City Manager Quin advised that any Councilmember could remove any item from the Consent Agenda for separate discussion and action at this time. After a brief discussion between the City Council and City • Attorney, it was determined that the minutes should be voted on separately since some Councilmembers were absent from certain meetings and, therefore, would abstain from voting on the minutes of the meetings they did not attend. Approval of the Minutes of the October 31, 1995 Special City Council Meeting. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to approve the minutes of the October 31, 1995 Special City Council Meeting. The motion carried by a vote of 3 to 0, with Councilmembers Hamilton and Watkins abstaining from the vote. Approval of the Minutes of the November 2, 1995 Special City Council Meeting. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall to approve the minutes of the November 2, 1995 Special City Council Meeting. The motion carried by a vote of 4 to 0, with Councilmember Watkins abstaining from the vote. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING NOVEMBER 28, 1995 PAGE 10 16. REMOVAL OF CONSENT AGENDA ITEMS (cont'd.) Approval of the Minutes of the November 9, 1995 Special City Council Meeting. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to approve the minutes of the November 9, 1995 Special City Council Meeting. The motion carried by a vote of 4 to 0, with Councilmember Hamilton abstaining from the vote. Approval of the Minutes of the November 14, 1995 Regular City Council Meeting. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to approve the minutes of the November 14, 1995 Regular City Council Meeting. The motion carried by a vote of 4 • to 0, with Councilmember Kaastad abstaining from the vote. 17. CONSENT AGENDA There were no items remaining on the Consent Agenda. 18. REPORTS AND COMMENTS ?Byrtie Adams, 3617 Chaffin, Richland Hills, expressed her appreciation to the City Council for their dedicated efforts. Ms. Adams also expressed her opinion on previous statements made by the Mayor; previous Councilmembers' and City Manager's actions; and, the Handley-Ederville Project. ?Loyce Greer, 7436 Evelyn, Richland Hills, commented on the issues discussed at the November 20, 1995 Special City Council Meeting. Ms. Greer also announced that the Annual Christmas Lighting Ceremony would be held at 6:30 p.m. on Friday, December 1, at City Hall. Ms. Greer expressed her apprecia- tion to all the members of the Parks and Beautification Advisory Board and other volunteers who assisted in decorating the Municipal Complex for the holidays. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING NOVEMBER 28, 1995 PAGE 11 18. REPORTS AND COMMENTS (cont'd.) ?T. S. Bridges, 7231 Hovenkamp, Richland Hills, commented on the Planning and Zoning Commission preparing ordinances for the City. Councilmember Wall expressed her appreciation to the Parks and Beautification Advisory Board and the Clean City Commission for their dedicated efforts in decorating the Municipal Complex for the holidays. 19. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 8:52 p.m. APPROVED: s C. F. KELLEY, MAYOR ATTEST: WI IS, CITY SECRETARY •