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HomeMy Public PortalAboutCity Council Minutes 12-12-1995 MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING DECEMBER 12, 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 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 Kaastad led the Pledge of Allegiance to the United States and Texas flags. 3. COUNCIL-APPOINTED BOARDS At this time, the City Council considered appointments to the City's boards, commissions, and committees. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Watkins, to appoint Lewis Gray to Place 4A on the Wastewater System Advisory Board. Mayor Kelley advised there being no objection, Mr. Gray was duly appointed. 4. PRESENTATIONS~RECOGNITIONS A. Presentation of 20-Year Service Award to Fire Chief Greg Tucker. Mayor Kelley recognized Fire Chief Tucker for his 20 years of service to the City of Richland Hills and presented him with a service pin award. B. Recognition of the 1995 Employee of the Year. Mayor Kelley recognized Police Officer Shayne Price for being selected as the City's 1995 Employee of the Year and presented him with a plaque. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING DECEMBER 12, 1995 PAGE 2 5. ROAD AND STREET IMPROVEMENT FUND ORDINANCE City Manager Quin advised that this item was for consideration of adopting an ordinance creating a separate Road and Street Improvement Fund to receive and expend T revenues for road and street improvements as they are collected. Mr. Quin explained that T revenues were currently received in the General Fund, and the proposed ordinance would designate the revenues into a distinct fund identified for road and street improvements. To date, $235,507 had been collected and $27,200 had been expended for the Handley-Ederville Road and the Booth Calloway and Glenview Drive interlocal agreements with the Texas Department of Transportation (TXDOT). Additionally, $100,000 had been designated for improvements to Midway Road, there- fore, the balance remaining was $108,307 which would need to be transferred from the General Fund to the Road and Street Improvement Fund, which would leave a balance of $1,218,769.51 in the General Fund. Funding needed for the Booth Galloway/ Glenview Drive project amounted to $48,000, which would leave a balance of $60,307 in the Road and Street Improvement Fund. • The proposed ordinance caption reads as follows: "AN ORDINANCE PROVIDING FOR THE CREATION OF A ROAD AND STREET IMPROVEMENT FUND OF THE CITY OF RICHLAND HILLS, TEXAS; PROVIDING THAT CERTAIN MONIES RECEIVED AS PART OF THE T'S STREET IMPROVEMENT PROGRAM BE PLACED THEREIN; PROVIDING THAT THE MONIES BE UTILIZED FOR ROAD AND STREET IMPROVEMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to adopt the ordinance establishing a Road and Street Improve- ment Fund, and that the balance of funds be dedicated to the Handley-Ederville Road project. Mr. Quin explained that the City would receive $81,590 from the T in fiscal year 1995-96, which would make the fund balance in the total amount of $141,897 as of September 30, 1996. Councilmember Kaastad inquired as to how this action would affect the Midway Road project. Mr. Quin explained that $100,000 had been appropriated in the Street Department General Fund, and there would be no effect on the Midway Road project. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING DECEMBER 12, 1995 PAGE 3 5. ROAD AND STREET IMPROVEMENT FUND ORDINANCE (cont'd.) VOTE ON MOTION: The motion carried by a vote of 3 to 2, with Councilmember Wall and Mayor Pro Tem Wilson casting the negative votes. (Ordinance No. 774-95) 6. FISCAL YEAR 1995-96 BUDGET AMENDMENT City Manager Quin advised that this item was for consideration of conducting a public hearing and adopting an ordinance to amend the fiscal year 1995-96 budget. The proposed budget amendment would increase the Enterprise Fund appropriation in the amount of $236,000. This increase was necessary due to the unforeseen Environmental Protection Agency (EPA) Admin- istrative Order, which required an evaluation of the waste- water collection system at an estimated cost of $200,000, and $36,000 for water well repairs which was unexpended in the fiscal year 1994-95 budget. The proposed amendment would • appropriate $95,000 from the Drainage Utility Fund to fund improvements at John Drive and Matthews Drive, in addition to $48,000 from the Road and Street Improvement Fund to fund improvements at Booth-Calloway Road and Glenview Drive. The proposed ordinance caption reads as follows: "AN ORDINANCE AMENDING CITY OF RICHLAND HILLS ORDINANCE NO. 759-95, AND THE FISCAL YEAR 1995-96 BUDGET FOR THE CITY OF RICHLAND HILLS, TEXAS, ADOPTED THEREBY; INCREASING CERTAIN FUND APPROPRIATIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Mayor Kelley opened the public hearing. ?Oliver Pettit, 7505 Hovenkamp, Richland Hills, inquired as to whether it would be possible to provide citizens with information in this regard at a Council meeting prior to a public hearing. Mr. Quin advised that the information would be available for interested citizens upon request. There being no other persons requesting to speak on this issue, Mayor Kelley declared the public hearing closed. • MOTION: A motion was made by Councilmember Hamilton, and seconded by Mayor Pro Tem Wilson, to adopt the ordinance amending the fiscal year 1995-96 budget as presented. The motion unanimously carried. (Ordinance No. 775-95) MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING DECEMBER 12, 1995 PAGE 4 7. APPROVAL OF CONTRACT WITH CARTER AND BURGESS, INC. FOR FIELD INVESTIGATION OF WASTEWATER COLLECTION SYSTEM City Manager Quin advised that this item was for consideration of approving a contract with Carter and Burgess, Inc. in the amount of $29,952 to furnish engineering assistance to characterize physical aspects of the City's wastewater system. This expense was included in the $200,000 estimated cost for evaluation of the wastewater system. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to approve the contract with Carter and Burgess, Inc. in the amount of $29,952 to furnish engineering assistance to characterize physical aspects of the City's wastewater system in conjunction with the EPA Administrative Order. The motion unanimously carried. 8. APPROVAL OF CONTRACT WITH CARTER AND BURGESS, INC. FOR THE PERFORMANCE OF A SANITARY SEWER OVERFLOW ABATEMENT STUDY IN ACCORDANCE WITH EPA ADMINISTRATIVE ORDER City Manager Quin advised that this item was for consideration of approving a contract with Carter and Burgess, Inc. in the amount of $155,000 to perform and engage subconsultants to perform work tasks to evaluate the wastewater collection system as ordered by the Environmental Protection Agency. This expense was included in the $200,000 estimated cost for evaluation of the wastewater system. MOTION: A motion was made by Councilmember Watkins, and seconded by Mayor Pro Tem Wilson, to approve the contract with Carter and Burgess, Inc. in the amount of $155,000 to perform and engage subconsultants to perform work tasks to evaluate the wastewater collection system. The motion unanimously carried. 9. CONSIDERATION OF CALLING A PUBLIC HEARING FOR 22ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM City Manager Quin advised that this item was for consideration of calling a public hearing for the 22nd Year Community Development Block Grant (CDBG) Program for Tuesday, January 9, 1996 at 7:30 p.m. Projects must be submitted to Tarrant County by February 15, 1996. A public hearing is required MINUTES OF THE RICHLAND HILLS CITY COUNCIL . REGULAR MEETING DECEMBER 12, 1995 PAGE 5 9. CONSIDERATION OF CALLING A PUBLIC HEARING FOR 22ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (cont'd.) prior to project submission to receive public input regarding projects that may be completed in the City's low to moderate income target areas. The City's total cost would be $10,000. For the past two years, the CDBG funds had been utilized for sewer rehabilitations. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to call a public hearing regarding the 22nd Year CDBG Program for January 9, 1996 at 7:30 p.m. The motion unanimously carried. 10. APPROVAL OF AN ORDINANCE ESTABLISHING ADMINISTRATIVE FEES FOR STREET ABANDONMENT REQUESTS - City Manager Quin advised that this item was for consideration of adopting an ordinance establishing administrative fees for processing street abandonment requests. At the last Council meeting, this ordinance was referred to the Planning and Zoning Commission for recommendation to the Council. However, after further discussion with the City Attorney, it was determined that this ordinance did not require review and recommendation from the Planning and Zoning Commission. MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to adopt the ordinance establishing administrative fees for street abandonment requests. Mayor Pro Tem Wilson stated his concern regarding the application review process and the number of City officials required to review the application. Mr. Wilson pointed out that the $125 application fee had to be paid prior to the review process in addition to paying for a survey and was concerned about the time and expense of the review process to the applicant with the possibility that the application could be denied. City Attorney Wieneskie explained that the City Council had the authority to override any recommendation by City staff or the Planning and Zoning Commission. • Mayor Pro Tem Wilson inquired as to whether the application could be reviewed prior to requiring the applicant to obtain a survey. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING DECEMBER 12, 1995 PAGE 6 10. APPROVAL OF AN ORDINANCE ESTABLISHING ADMINISTRATIVE FEES FOR STREET ABANDONMENT REQUESTS (cont'd.) City Attorney Wieneskie explained that it would be difficult for City staff and the Planning and Zoning Commission to review the application adequately without an accurate survey plat. Councilmember Kaastad pointed out that the Council had .discussed in pre-council the possibility of a staff committee meeting to review the application to expedite the review process. Councilmember Hamilton suggested an amendment to the proposed ordinance to encourage City staff to meet as a committee to allow for discussion and expediency, however, if certain staff members were unable to attend the committee meeting, they would still be required to review the application and each staff member would submit their individual recommendation to the City Council. • AMENDMENT TO MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to amend the motion to table this item pending changes to be made to the proposed ordinance by the City Attorney as discussed. Keith Smith, 6500 Lavon, Richland Hills, stated that his experience was that it was difficult to find a surveyor to provide this type of service and a survey could cost $3,000. Mr. Smith inquired as to whether a citizen would have to bear the cost of an abandonment if the City initiated the process. Mr. Quin explained that the fees would only apply to an individual requesting a street abandonment. In response to the concern regarding the cost associated with having to submit a survey with the application, Councilmember Hamilton suggested the possibility of submitting a preliminary drawing with the application, and a survey not be required until preliminary approvals were received from City staff and the Planning and Zoning Commission. City Attorney Wieneskie pointed out that should the survey • reveal a problem not shown on the preliminary drawing, the individual would still be out the expense of the survey, and felt this approach may take longer than the initial process. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING DECEMBER 12, 1995 PAGE 7 10. APPROVAL OF AN ORDINANCE ESTABLISHING ADMINISTRATIVE FEES FOR STREET ABANDONMENT REQUESTS L ont'd.) A. C. Donohoo, 3201 Dreeben Drive, Richland Hills, suggested that the Council consider other abandoned property in addition to streets. Mr. Donohoo also expressed his feeling that a survey should be required for the review process. At the request of Councilmember Kaastad, City Attorney Wieneskie clarified the proposed changes to the ordinance as discussed by Council as being that staff members would be encouraged to meet together to expedite the review process with a recommendation to be submitted by each staff member, and that a preliminary drawing be submitted for preliminary approval prior to requiring a survey for final approval. City Attorney Wieneskie expressed his feeling that the preliminary approval process prior to final approval would extend the time to process the application. VOTE ON MOTION: The motion carried by a vote of 4 to 1, with Mayor Pro Tem Wilson casting the negative vote. 11. APPROVAL OF AN ORDINANCE AMENDING THE PLUMBING CODE City Manager Quin advised that this item was for consideration of an ordinance amending the Plumbing Code. The proposed ordinance would increase the plumbing registration fee from $30 to $50, which would be consistent with fees charged by surrounding cities and would bring the plumbing registration fee in line with fees charged to other types of contractors registering with the City. The proposed ordinance caption reads as follows: "AN ORDINANCE AMENDING SECTION 5 "PLUMBING CODE" OF CHAPTER 3 "BUILDING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, AS AMENDED, TO AMEND SUBSECTION C WHICH ESTABLISHES PLUMBING AND IRRIGATION CONTRACTOR REGISTRA- TION FEES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTIES FOR VIOLATIONS 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 MINUTES OF THE RICHLAND HILLS CITY COUNCIL . REGULAR MEETING DECEMBER 12, 1995 PAGE 8 11. APPROVAL OF AN ORDINANCE AMENDING THE PLUMBING CODE (cont'd.) 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 , 0 0 0. 0 0 ) FOR EACH OFFENSE; APPOINTING A BOARD OF APPEALS; AND PROVIDING AN EFFECTIVE DATE." MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to adopt the ordinance amending the Plumbing Code to increase the registration fee from $30 to $50. There were questions from the audience as to why there was a need to increase the fee. Building Official Dale Jackson explained that the fee increase was recommended in order to bring the City's plumbing registration fee more in line with area cities and with registration fees charged to other types of contractors registering with the City. VOTE ON MOTION: The motion unanimously carried. (Ordinance No. 776-95) 12. SCHEDULING OF JANUARY TOWN HALL MEETING City Manager Quin advised that this item was for consideration of scheduling a Town Hall Meeting for Tuesday, January 16, 1996 to discuss general topics and to receive input on the fiscal year 1996-97 budget. The last Charter amendment required the City to hold a Town Hall Meeting in January for citizen input on items they would like considered for the upcoming year. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to schedule a Town Hall Meeting for January 16, 1996 at 7:30 p.m. to discuss general topics and receive input on the fiscal year 1996-97 budget. The motion unanimously carried. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING DECEMBER 12, 1995 PAGE 9 13. APPOINTMENT OF DEPUTY MUNICIPAL COURT CLERK City Manager Quin advised that this item was for consideration of appointing a full-time deputy municipal court clerk. At the last Council meeting, the City Council reclassified the part-time position to a full-time position. City staff recommended the appointment of Julia Gonzalez as the Deputy Municipal Court Clerk. MOTION: A motion was made by Councilmember Wall, and seconded by Mayor Pro Tem Wilson, to appoint Ms. Julia Gonzalez as the full-time Deputy Municipal Court Clerk. The motion unanimously carried. 14. ADOPTION OF COMMERCIAL DRIVER'S LICENSE DRUG TESTING POLICY City Manager Quin advised that this item was for consideration • of adopting an ordinance to adopt a drug testing policy for those employees holding a commercial driver's license as required by the U.S. Department of Transportation. The City Attorney had prepared such a policy with an effective date of January 1, 1996. The proposed ordinance caption reads as follows: "AN ORDINANCE ADOPTING THE ATTACHED DRUG AND ALCOHOL TESTING POLICY AS A SUPPLEMENT TO THE CITY OF RICHLAND HILLS DRUG-FREE WORKPLACE POLICY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE." Councilmember Kaastad inquired as to the ramifications of eliminating Item 1 on Page 11, under "Rehabilitation in lieu of termination may be offered to an employee when: which stated, "The employee has had ONE positive result from either the drug or alcohol testing." City Attorney Wieneskie advised that he felt it would weaken the City's position in court to some extent, due to the fact that case law had indicated that drug policies which include the opportunity for rehabilitation had a better chance of being upheld by the courts. Councilmember Kaastad explained that she felt rehabilitation should only be offered if an employee approached the City for assistance, and there should be no tolerance for drug use and no rehabilitation offered to an employee failing a drug test. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING DECEMBER 12, 1995 PAGE 10 14. ADOPTION OF COMMERCIAL DRIVER'S LICENSE DRUG TESTING POLICY (cont'd.) City Attorney Wieneskie pointed out that the wording of the policy was such that the City ma offer rehabilitation to an employee in lieu of termination, however, the City was not required to provide rehabilitation if the circumstances were such that the City felt justified in terminating an employee. Councilmember Hamilton suggested three changes to the proposed policy on Page 11 to address the concerns expressed: (1) the word "may" be bolded and capitalized as follows: "Rehabilitation in lieu of termination MAY be offered to an employee when:"; (2) add wording to the end of Item 1, which states that "The employee has had ONE positive result from either the drug or alcohol testing", as follows: "particularly, if the one positive result does not indicate use of an illicit drug."; and, (3) add wording to the end of Item 2, which states that "The employee has requested rehabilitation and has not tested positive for drug and/or • alcohol", as follows: "nor been specifically notified that he/she is to be tested." MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to adopt the ordinance adopting the Drug and Alcohol Testing Policy with the changes as suggested by Councilmember Hamilton. Councilmember Hamilton also pointed out that on Page 17 the testing levels for amphetamines should be 1000 ng/ml for the initial test cutoff and 500 ng/ml for the confirmatory test. AMENDMENT TO MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to include the changes on Page 17 as discussed. The motion unanimously carried as amended. (Ordinance No. 777-95) City Manager Quin advised that it was the desire of the Council to combine Items 15, 16 and 17, and vote on all the purchases in one motion. Mr. Quin pointed out that the following purchases had been approved in the fiscal year 1995-96 budget. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING DECEMBER 12, 1995 PAGE 11 15. APPROVAL OF THE PURCHASE OF A BACKHOE FOR THE WATER DEPARTMENT City Manager Quin advised that this item was for consideration of approving the purchase of a backhoe in the amount of $57,412 as part of the Houston/Galveston Area Council purchasing contract; 16. APPROVAL OF THE PURCHASE OF A ONE-TON TRUCK FOR THE WATER DEPARTMENT City Manager Quin advised that this item was for consideration of approving the purchase of a 1996 one-ton truck in the amount of $20,277 from Hudiburg Chevrolet; and, 17. APPROVAL OF THE PURCHASE OF A VIBRATORY ROLLER FOR THE STREET DEPARTMENT City Manager Quin advised that this item was for consideration of approving the purchase of a vibratory roller in the amount of $24,609 from Future Equipment. • MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to approve the purchase of a backhoe in the amount of $57,412 as part of the Houston/Galveston Area Council purchasing contract; approve the purchase of a 1996 one-ton truck in the amount of $20,277 from Hudiburg Chevrolet; and, approve the purchase of a street vibratory roller in the amount of $24,609 from Future Equipment. The motion unanimously carried. Mayor Kelley called for a recess at 9:05 p.m. and reconvened the meeting at 9:15 p.m. 18. ADOPTION OF TRAFFIC SAFETY ORDINANCE GOVERNING INTERSECTIONS City Manager Quin advised that this item was for consideration of adopting an ordinance regulating sight obstructions at intersections and providing methods to remove visual impediments. In the past, motorists have expressed a concern to the City regarding the intersection of Dogwood Park and Handley-Ederville Road. City staff had investigated the • possibility of a sight obstruction at this intersection and found there was a potential hazard. The City Attorney and Building Official had prepared an ordinance to regulate such intersections with sight obstructions. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING DECEMBER 12, 1995 PAGE 12 18. ADOPTION OF TRAFFIC SAFETY ORDINANCE GOVERNING INTERSECTIONS (cont'd.) The proposed ordinance caption reads as follows: "AN ORDINANCE ADDING A SECTION 41 "INTERSECTION VISIBILITY" TO CHAPTER 10 "TRAFFIC REGULATIONS" TO THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS; 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 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 A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND PROVIDING • AN EFFECTIVE DATE." MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Wall, to adopt the traffic safety ordinance governing intersections. The motion unanimously carried. (Ordinance No. 778-95) 19. APPROVAL OF CONCEALED HANDGUN POLICY FOR PUBLIC BUILDINGS City Manager Quin advised that this item was for consideration of approving a policy prohibiting the possession of handguns by employees in public buildings and limited access to City buildings by citizens carrying handguns. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to postpone action for 90 days on the portion of the policy limiting access to City buildings by citizens carrying handguns, pending further clarification from the Attorney General's Office in this regard; and, to approve the portion of the policy prohibiting the possession of handguns by City employees in the workplace. The motion unanimously carried. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING DECEMBER 12, 1995 PAGE 13 20. DISCUSSION OF CITY SECRETARY'S JOB DESCRIPTION, PERFORMANCE EVALUATION FORM AND IMPLEMENTATION OF POLICIES AND PROCEDURES City Manager Quin advised that this item was for consideration of the City Secretary's job description, performance evaluation form, and implementation of office policies and procedures. This item was placed on the agenda by Councilmember Kaastad. Councilmember Kaastad pointed out that, after discussion with the City Secretary, a few changes needed to be made to the proposed job description and the policies and procedures. The changes to the job description were as follows: Item 15 should read, "Serves as Local Registrar of Vital Records."; and, Item 17 should read, "Shall be the City contact person between the cable company and subscribers." The changes to the policies and procedures were as follows: Item 1 should read, "The City Charter shall remain current at all times and shall be amended, printed, and ready for distribution within six months of any charter amendment election."; Item 2 should • be reworded to reflect that the index of ordinances be updated after each Council meeting and placed in the Code Book in the Conference Room for reference until the supplement to the Code Book has been completed; Item 4 should read, "City Council meetings shall be taped and written minutes shall be completed by the next Council meeting."; and, Item 7 should be deleted. Councilmember Kaastad also recommended that the performance evaluation form to be used for the City Secretary be similar to the one received from the City of Euless. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to accept the revised City Secretary's job description; to implement policies and procedures; and, to accept the performance evaluation form received from the City of Euless. Councilmember Hamilton suggested changing Item 4 of the policies and procedures to read "City Council meetings shall be taped and written minutes shall be completed by the next regularly scheduled Council meeting." Mr. Hamilton also suggested that the deadlines established in the policies and procedures be considered as guidelines in order to allow for flexibility, and that a statement be added to the end to read as follows: The Council recognizes that a number of the above-defined guidelines are recommended guidelines and will • MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING DECEMBER 12, 1995 PAGE 14 20. DISCUSSION OF CITY SECRETARY'S JOB DESCRIPTION, PERFORMANCE EVALUATION FORM AND IMPLEMENTATION OF POLICIES AND PROCEDURES (cont'd.) be considered as such during evaluation. Mr. Hamilton also pointed out that Item 10 sets the City, Secretary's office hours from 8:00 a.m. until 5:00 p.m., and suggested the wording be changed to allow for flexibility and compensatory time, due to the fact that the City Secretary attends meetings _ and other functions during and after regular office hours. Councilmember Kaastad agreed with Councilmember Hamilton's suggestions, however, felt no change was needed to Item 10 and explained that she understood there will be times when compensatory time will need to be utilized. Councilmember Watkins asked Councilmember Kaastad the purpose for the policies and procedures, and stated that he felt the duties and responsibilities previously submitted were adequate. Councilmember Kaastad explained that she felt policies and procedures were important fvr all employees to have in place in order to more clearly define the job description. AMENDMENT TO MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to amend the motion to reflect the changes as suggested by Councilmember Hamilton as follows: change Item 4 of the policies and procedures to read "City Council meetings shall be taped and written minutes shall be completed by the next regularly scheduled Council meeting; and, that a statement be added to the end of the policies and procedures to read as follows: "The Council recognizes that a number of the above-defined guidelines are recommended guidelines and will be considered as such during evaluation." The motion carried as amended by a vote of 3 to 2, with Council- members Watkins and Hamilton casting the negative votes. 21. DISCUSSION OF ACTION REGARDING THE CITY ATTORNEY • City Manager Quin advised that this item was for consideration of possible action concerning the City Attorney position. This item was placed on the agenda by Mayor Pro Tem Wilson. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING DECEMBER 12, 1995 PAGE 15 21. DISCUSSION OF ACTION REGARDING THE CITY ATTORNEY (cont'd.) Mayor Pro Tem Wilson stated that Cribbs and McFarland had been the City's law firm for the past 9 to 10 years and Mr. Wieneskie had been the City's legal adviser from this firm. Mr. Wilson pointed out that legal expenses had become an extreme part of the City's budget, and felt that the City could not continue at this rate of legal expense. Mr. Wilson stated he felt it would be unfair to the citizens if he did not bring this matter to their attention, since the Council had tried to reach a decision in executive sessions without success. In addition, Mr. Wilson stated that legal fees during fiscal year 1992-93 amounted to $9,224; during fiscal year 1993-94 legal fees were $66,720; and, during fiscal year 1994-95 legal fees amounted to $51,864.91. Mr. Wilson advised that legal fees for the months of October and November 1995 amounted to $5,555 and $5,112, respectively. Mr. Wilson stated that this amount of legal expense for a city the size of Richland Hills seemed unnecessary. Mr. Wilson stated he was not satisfied with the legal representation of Cribbs and McFarland Law Firm, and further stated that Mr. Wieneskie often had to research answers to questions, and even then it seemed the answers were seldom clear or definite. Mr. Wilson also stated that he felt there was a failure to produce responses by letter in a timely manner. Mr. Wilson added that the City pays for legal advice and research, and he felt there had been several times when incorrect information had been provided by Mr. Wieneskie, and cited the drug test information previously discussed. Mr. Wilson stated that more should be expected from an attorney that was board certified in municipal law and also having been the attorney for Richland Hills for 9 years. Mr. Wilson also stated that he had been accused of having a personality conflict with Mr. Wieneskie and that other Councilmembers believed that was the reason he wanted to change attorneys, however, Mr. Wilson stated that this was not true, and the only problems he had with the City's legal representation were the problems he previously stated. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Kaastad, to release the services of Cribbs and McFarland Law Firm, and employ the services of Fielding, Barrett and Taylor Law Firm previously interviewed by the Council on two occasions. • Mayor Pro Tem Wilson pointed out that the City Charter required an affirmative vote of 4 Councilmembers to remove the City Attorney. MINUTES OF THE RICHLAND HILLS CITY COUNCIL . REGULAR MEETING DECEMBER 12, 1995 PAGE 16 21. DISCUSSION OF ACTION REGARDING THE CITY ATTORNEY (cont'd.) Councilmember Kaastad stated that she also felt that the City Attorney had not provided definitive answers, and believed he should only be providing legal advice and not be involved with policies and procedures of the City. Ms. Kaastad cited various issues such as the relocation of offices in City Hall; the Handley-Ederville project; and, the issue of Council- members' access to attorney statements. Councilmember Hamilton stated that there were several points to consider in response to the previous statements, such as (1) the purpose stated for changing attorneys was to save the citizens' money, and pointed out that the hourly rate quoted for litigation was higher from the firm of Fielding, Barrett and Taylor; and, it was his understanding that Cribbs and McFarland had slightly decreased their rate; (2) he felt it was obvious that Mr. Wieneskie had diplomatically advised the Council to hold an election on the Handley-Ederville project; (3) Mr. Wieneskie was brought into the issue of the office relocations by Councilmembers' written requests for a legal opinion; and, (4) it was his experience that very few attorneys can consistently and accurately respond to questions without researching the question in advance. VOTE ON MOTION: The motion failed by a vote of 3 to 2, with Councilmembers Watkins and Hamilton casting the negative votes. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to direct that all legal advice requested by staff be authorized by City Manager Jim Quin prior to contacting Cribbs and McFarland Law Firm, excluding the Police Chief and Fire Chief; and, that the City Attorney attend only pre-council meetings when requested by the majority of the voting Council and not be present at regular Council meetings unless upon request. The motion carried by a vote of 3 to 2, with Councilmembers Hamilton and Watkins casting the negative votes. 22. REMOVAL OF CONSENT AGENDA ITEMS • There were no items removed from the Consent Agenda. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING DECEMBER 12, 1995 PAGE 17 23. CONSENT AGENDA City Manager Quin reviewed the items on the Consent Agenda as follows: Approval of the Minutes of the November 20, 1995 Special City Council Meeting, and the November 28, 1995 Regular City Council Meeting. MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Kaastad, to approve the Consent Agenda as presented. The motion unanimously carried. 24. REPORTS AND COMMENTS ?Bill Gooch, 3662 Popplewell, Richland Hills, congratulated the Council on their conduct during Council meetings. • ?Nelda Stroder, 2840 Kingsbury, Richland Hills, expressed her appreciation to Mayor Kelley for his dedicated efforts as Mayor of the City of Richland Hills. ?Oliver Pettit, 7505 Hovenkamp, Richland Hills, commented on Item 21, Discussion of the City Attorney. Mayor Kelley recessed the regular meeting of the Richland Hills City Council at 10:00 p.m., in order to enter into Executive Session. 25. EXECUTIVE SESSION Mayor Kelley convened the City Council into Executive Session in the Council Conference Room at 10:06 p.m. A. Consideration of Entering into Executive Session to Deliberate the Following Matters: 1. In Accord with Chapter 551, Section 551.074, of the Texas Government Code for the purpose of seeking advice from the City Attorney with respect to pending or contemplated litigation, settlement • offers, and matters where the duty of the City Attorney, pursuant to the Code of the City Attorney, pursuant to the Code of Professional Responsibility of the State Bar of Texas, clearly conflicts with this chapter. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING DECEMBER 12, 1995 PAGE 18 25. EXECUTIVE SESSION (cont'd.) 2. 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 10:25 p.m. B. 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. Mayor Kelley reconvened the City Council inta regular session in the Council Chambers at 10:20 p.m. , and advised that no action was necessary on the items discussed in Executive Session. City Attorney Wieneskie advised that the rules of the State Board of Texas required him to correct a statement made earlier that was in error which was that he was Board Certified in Municipal Law. Mr. Wieneskie advised there was no Board Certification in Municipal Law, and clarified that he was Board Certified in Civil Appellate Law. In addition, Mr. Wieneskie advised that the latest lawsuit filed by Mr. Ainslie against the City had been settled and disposed of without any payment to Mr. Ainslie. 26. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 10:29 p.m. APPROVED: C. F. KELLEY, MAYOR ATTEST: • ILLIS, Y SECRETARY