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HomeMy Public PortalAboutCity Council Minutes 01-24-1995 MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JANUARY 24, 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: Nelda Stroder, Larry Wilson, Curtis Whitfield, Reta P. Kaastad, and Roy Maberry. City Staff Present: City Manager Stephen Hughes, City Secretary Terri Willis and City Attorney Paul Wieneskie. 2. INVOCATION AND PLEDGES OF ALLEGIANCE The invocation was given by George Steere, Minister of Education and Administration of the Richland Hills Baptist Church. • Councilmember Whitfield led the Pledge of Allegiance to the United States and Texas flags. At this time, Mayor Kelley moved down the agenda to Item 5. 5. GLENVIEW ELEMENTARY HONOR ROLL STUDENTS Mayor Kelley presented Certificates of Achievement to the first semester "A" honor roll students at Glenview Elementary. There were a total of 68 students from grades first through fifth. 3. EMPLOYEE RECOGNITIONS Mr. John Brown, Utilities Maintenance Worker, was not present to receive his service pin award for his five years of service to the City. Mayor Kelley recognized Mr. Steve Cole, Firefighter/Paramedic, as the Employee of the First Quarter of 1995 and presented him with a plaque. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JANUARY 24, 1995 PAGE 2 4. COUNCIL-APPOINTED BOARDS City Manager Hughes advised that several applications had been received for appointments to various boards. MOTION: A motion was made by Councilmember Wilson, and seconded by Councilmember Stroder, to appoint Joy Yeatts to Place 4B on the Economic Development Advisory Board. Mayor Kelley advised there being no objection, Ms. Yeatts was duly-appointed to the Economic Development Advisory Board. MOTION: A motion was made by Councilmember Wilson, and seconded by Mayor Pro Tem Maberry, to appoint Jennie Lee Dietz to Place 4 on the Teen Court Advisory Board. Mayor Kelley advised there being no objection, Ms. Dietz was • duly-appointed to the Teen Court Advisory Board. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wilson, to appoint Kim A. Kamin to Place 2 on the Teen Court Advisory Board. Mayor Kelley advised there being no objection, Ms. Kamin was duly-appointed to the Teen Court Advisory Board. MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Wilson, to appoint Stephen Whiteurst to Place 3 on the Teen Court Advisory Board. Mayor Kelley advised there being no objection, Mr. Whiteurst was duly-appointed to the Teen Court Advisory Board. 6. CHARTER REVIEW COMMITTEE RECOMMENDATIONS Michael Logan, Chair of the Charter Review Committee, presented the City Council with the Charter Review Committee' s recommendations for amendments to the City Charter. MOTION: A motion was made by Councilmember Stroder, and • seconded by Councilmember Whitfield, to accept the package and schedule a workshop far Tuesday, January 31, 1995 to review the proposals with the Charter Review Committee. The motion unanimously carried. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JANUARY 24, 1995 PAGE 3 6. CHARTER REVIEW COMMITTEE RECOMMENDATIONS (cont'd.) The Mayor and City Council expressed their gratitude to the Charter Review Committee Members for their hard work and dedicated efforts in reviewing the City Charter. 7. EMPLOYEE ASSISTANCE COMMITTEE RECOMMENDATIONS Court Clerk Carol Moore, Chairperson of the Employee Advisory Committee Panel, presented the following proposals from the Employee Advisory Committee: 1. Participation in a Deferred Compensation Plan through Public Employee Benefit Services Corporation (PEBSCO); (Resolution No. 51-95) 2. Establishment of an Employee Sick Bank; • 3. Allow for Payroll Deductions for the Purchase of Savings Bonds; and, 4. Additional Holiday (Good Friday and/or Birthday) with the annual cost to the City being $7,552.58. MOTION: A motion was made by Councilmember Stroder, and seconded by Councilmember Whitfield, to accept proposals 1, 2, and 3 and initiate those items this fiscal year, and eliminate proposal 4. Councilmember Stroder explained that proposal 4 was a budget item that would require further discussion. Councilmember Whitfield inquired as to whether regular part- time employees were eligible for participation in the employee sick bank. Ms . Moore advised that the information contained in the agenda packet did specify regular full-time employees, however, regular part-time employees would be eligible to participate in the sick bank due to the fact they accrue sick time on a pro-rata basis. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JANUARY 24, 1995 PAGE 4 7. EMPLOYEE ASSISTANCE COMMITTEE RECOMMENDATIONS (cont'd.) AMENDMENT TO MOTION: A motion was made by Councilmember Stroder, and seconded by Councilmember Whitfield, to amend the motion to include that regular part- time employees are eligible to participate in the Employee Sick Bank as well as regular full-time employees. Mr. Steve Lindsey, a representative of PEBSCO, briefly explained the Deferred Compensation Plan and advised there would be no cost to the City for participation in the plan. VOTE ON MOTION: The motion unanimously carried. • 8. 21ST YEAR CDBG PROGRAM PROJECT SELECTION Randy Dulaney, City Engineer, advised that funds available for the 21st Year Community Development Block Grant ( CDBG ) Program totalled approximately $130,000 for sewer rehabilitation projects. There were several options provided that allowed for a choice of the segments of lines to be rehabilitated this year. A resolution approving and endorsing the project and indicating the specific segments of lines to be rehabilitated would be necessary. City Manager Hughes further explained there were six different sections in need of rehabilitation. In the Jennifer Leigh Court area, there were three sections with an estimated cost of $87,351. In the Birch/Cedar Park Drive area, there were three sections with an estimated cost of $106,326. MOTION: A motion was made by Councilmember Whitfield, and seconded by Mayor Pro Tem Maberry, to adopt the resolution approving the 1995 21st Year Community Development Block Grant Project for the rehabilita- tion of sewer lines in the following three areas: (1) Jennifer Leigh Court area, between Cagle Drive and Booth Calloway Road; (2) north of Highway 121, between Birch Park Drive and Cedar Park Drive; and . (3) north of Maple Park and west of Cedar Park Drive (Option 1). MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JANUARY 24, 1995 PAGE 5 8. 21ST YEAR CDBG PROGRAM PROJECT SELECTION (cont'd.) Councilmember Kaastad pointed out that the engineering firm, Knowlton-English-Flowers, Inc., had submitted a letter in which they recommended Option 3. City Manager Hughes explained that if Option 1 were approved, this would allow more flexibility to the Council in bidding the project. Councilmember Whitfield expressed his feeling that it would be more beneficial to the City to award one contract for the entire project, and would be less costly than to have separate contracts for each project, even though the funding would have to approved in the next budget. Councilmember Wilson inquired as to the city staff involved in reviewing the recommendation of Option 3. • City Manager Hughes explained that the letter from Knowlton- English-Flowers, Inc., stated that all the lines were high priority and needed to be funded, however, their recommendation of Option 3 was based on available funding. VOTE ON MOTION: The motion unanimously carried. (Resolution No. 48-95) 9. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA Items C, D and E were removed from the Consent Agenda for individual discussion. C. Adoption of an Ordinance Amending Chapter 7, Offenses and Nuisances, of the City Code by the Addition of a New Section 17, Graffiti, Relative to Graffiti Removal; Providing for a Fine of Up to $500 for Each Offense in Violation of the Ordinance; Providing Severability and Savings Clauses; Providing for Governmental Immunity; Providing for Injunctions; and Providing an Effective Date. City Manager Hughes read the ordinance caption into the record as written above, and advised that the ordinance in the agenda packet was the original draft of the proposed ordinance, and MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JANUARY 24, 1995 PAGE 6 9. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA (cont'd.) subsequent to a Council Workshop held on January 12, 1995, the City Attorney was directed to make a few minor changes to the draft ordinance. The Council had been provided a copy of the revised ordinance. MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Wilson, to adopt an ordinance amending Chapter 7 of the City Code by the addition of a new Section 17, the Graffiti Ordinance, as amended at the January 12, 1995 workshop. The motion unanimously carried. (Ordinance No. 740-95) D. Adoption of an Ordinance Amending Section 6, Garbage and Collection Rates, of Chapter 6, Health and Sanitation, of the City Code, as Amended, to Make Adjustments in Said • Rates to Reflect an Increase in the Consumer Price Index; Providing Savings and Severability Clauses; and Providing an Effective Date. City Manager Hughes read the ordinance caption into the record as written above, and advised that the proposed ordinance increases solid waste rates by 2.6 percent per month for residential customers, effective February 1, 1995, with the first billing on March 1, 1995. The CPI (Consumer Price Index} based increase is a contractual requirement included in the franchise agreement with Laidlaw Waste Systems. MOTION: A motion was made by Councilmember Stroder, and seconded by Mayor Pro Tem Maberry, to adopt the ordinance amending Section 6, Garbage and Collection Rates, of Chapter 6, Health and Sanitation, of the City Code to include the CPI rate increase. (Ordinance No. 741-95) Councilmember Kaastad advised that due to a conflict of interest, she would abstain from voting on this item. VOTE ON MOTION: The motion carried by a vote of 4 to 0, with Councilmember Kaastad abstaining from the vote. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JANUARY 24, 1995 PAGE 7 9. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA (cont'd.) E. Approval of a Resolution Authorizing a Donation to the Richland Project Celebration, Establishing that a Substantial Public Purpose Will Have Been Served If Only One Graduate is Saved from a Fatal Accident on Prom Night. City Manager Hughes advised a request for funding had been received from the organization sponsoring this project. For the last three years, the City had provided funding in the amount of $500 for this same project. A resolution in support of the project had been provided to the Council for their consideration. MOTION: A motion was made by Councilmember Wilson, and seconded by Councilmember Kaastad, to deny the request for a $500 donation. • Councilmember Whitfield advised he had been on the Council the last three years the Council had approved funding for this project, and expressed his feeling it was a useful donation and the public interest would be served with the donation. Councilmember Wilson stated that he also felt this would be a worthwhile project, however, he had a few reservations regarding certain items. Mr. Wilson advised he had talked to Ms. Sharon Tucker, the coordinator of the project, and she advised him that last year $11,500 was collected in donations for the project. Mr. Wilson pointed out that from his conversation with Ms. Tucker, he calculated that only $6,000 was spent on the project. Mr. Wilson advised that casino tables were rented for $2,700, and felt that gambling was as bad as alcohol. Mr. Wilson further advised that Ms. Tucker had informed him that only one student had tried to enter the party that was obviously intoxicated and his parents were called to pick him up. However, Mr. Wilson had talked to three families that told him their child had tried to enter the party and were turned away because they had been drinking, but they were not intoxicated. Mr. Wilson stated he felt this action defied the purpose of the event by not allowing those students to enter the party and allowing them to go back out on the streets after drinking. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JANUARY 24, 1995 PAGE 8 9. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA (cont'd.) Councilmember Kaastad stated she agreed with Councilmember Wilson regarding the casino tables. In addition, Ms. Kaastad advised that the students did not help in raising funds for the event, and felt they should have a part in raising the funds. Councilmember Kaastad added she was in favor of an event that could possibly help save a life, however, she felt there may be another way to do it. Councilmember Wilson added that he had also discussed with Ms. Tucker whether or not the students participated in raising funds for the event, and Ms. Tucker advised him that the first year the students were involved only $6,000 was raised, and the students were not interested in helping to raise funds. Councilmember Whitfield pointed out that the event needed to be an attractive alternative to going out after the prom and using drugs or alcohol, and felt that was probably the reason for the gaming tables. In addition, Mr. Whitfield pointed out that this event was to provide a chemical-free environment to the students, and that is why those students that had consumed alcohol were not allowed to enter the event; however, he felt there should be some type of program in place that evening for those students. Mr. Whitfield pointed out that he understood a substantial amount of the funds raised were used for door prizes, which would also be an attraction to the event. In addition, Mr. Whitfield pointed out that the event had been very successful in past years. Councilmember Stroder expressed her support in donating the funds for the event, and suggested if there were concerns about the activities provided, possibly the Council could ask to serve on a committee for the project. VOTE ON MOTION: The motion carried by a vote of 3 to 2, with Councilmembers Stroder and Whitfield casting the negative votes, and the request was denied. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JANUARY 24, 1995 PAGE 9 10. CONSENT AGENDA City Manager Hughes reviewed the remaining items on the Consent Agenda as follows: A. Approval of an Amendment to the Street Crimes Unit Interlocal Agreement Adding the City of Southlake as a Participating Member; B. Approval of the Minutes of the December 13, 1994 City Council Meeting; and, F. Approval of a Replat Application Filed by Mr. Leland Hodges, et. al., Concerning the Parcel of Land Described as Block 8, Midway Place Addition, 2800-3000 Block of Wesley Way, as Recommended by the Planning and Zoning Commission. • MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Wilson, to approve the Consent Agenda as presented. The motion unanimously carried. 10. REPORTS AND COMMENTS ?Mr. Keith Smith, 6500 Lavon Drive, Richland Hills, spoke before the Council regarding properties located in the 6400- 6500 block of Lavon Drive. Mr. Smith read a letter from concerned residents regarding a house being built on a lot in this area and another house being moved onto another lot, and their concern about whether the City would enforce the City Code requirements and the deed restrictions in this regard. Mr. Dale Jackson, Building/Code Official, advised he was aware of the situation and tiad talked to one of the property owners and informed them they were in violation of City Code, and also that he would be talking with the other property owner regarding their violation of City Code as well. Mr. Jackson pointed out that the City does not have the authority to enforce deed restrictions. ?Ms. Jean Spieker, 3401 Jonette, Richland Hills, inquired as • to whether the homeowners could move in prior to meeting all City Code requirements, and if there was a certain amount of time from the time the permit was issued to meet City Code. MINUTES OF THE RICHLAND HILLS CITY COUNCIL . REGULAR MEETING JANUARY 24, 1995 PAGE 10 10. REPORTS AND COMMENTS (cont'd.) Mr. Jackson advised the home could not be occupied until all City Code requirements had been satisfied, however, once a permit had been issued, the permit would only expire if work was suspended for 180 days. There was further discussion between the Council, the City Attorney, and Mr. Jackson regarding any recourse or penalty the City may impose in this type of situation, or whether there was a time limit for completion, and the authority of the City to issue citations for City Code violations. Councilmember Wilson stated he would like the City Manager to direct the Building/Code Official to check with other cities regarding their requirements in this regard. Councilmember Whitfield suggested an amendment to the building • code ordinance that would clearly define suspension of work and possibly reduce the timetable from 180 days to possibly 30 or 45 days to require renewal of a permit if work had been suspended for that length of time. City Manager Hughes advised that city staff understood the concerns of the residents and the City Council, and advised city staff would research the matter and report back at the February 14, 1995. ?Ms. Jean Spieker inquired as to whether there was a requirement to commence work within a certain period of time after a building permit had been issued, and also pointed out that a house being moved from another City may have met that city's Code requirements, but may not meet Richland Hills' Code requirements, and suggested there should be a time limit to meet the City Code requirements. Councilmember Whitfield pointed out there was a period of 180 days to commence work once a permit had been issued, and the permit will only lapse if 180 days passes without any work being done. At the request of Mayor Kelley, Mr. Jackson advised of the status of the four-plex on Matthews and reported that Fire • Chief Tucker had the building secured by placing plywood over the windows and doors, and "Do Not Enter" notices had been placed on the building. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JANUARY 24, 1995 PAGE 11 10. REPORTS AND COMMENTS (cont'd.) ?Emmet West, 2901 Mary Boaz, Richland Hills, commented on the statement made by Mr. Jackson that the City had no authority to enforce deed restrictions. City Attorney Wieneskie advised that the City was not bound by the deed restrictions, therefore have no authority to enforce the deed restrictions. Mr. West also stated that he felt if the City had the authority to set a date to begin construction after a permit had been issued, then he did not see why the City would not have the authority to set a completion date as well. ?Councilmember Kaastad congratulated City Secretary Terri Willis on her fifth-grade son receiving a Certificate of Academic Achievement for being on the "A" honor roll. • ?Councilmember Whitfield expressed his feeling that the meetings when the students are recognized for being on the "A" honor roll were the most enjoyable meetings for him. Mayor Kelley pointed out that at the next meeting "A" honor roll students from Richland Elementary would be recognized. ?Councilmember Stroder stated she also enjoyed the meetings when the students were recognized and was looking forward to the next meeting. 12. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 9:25 p.m. APPROVED: O C. F. KELLEY, MAYOR ATTEST: ~ . _ • TERR3 T.L~`~IS, CIT SECRETARY