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HomeMy Public PortalAboutCity Council Minutes 02-14-1995 MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING FEBRUARY 14, 1995 1. CALL TO ORDER Mayor Kelley called the meeting to order at 7:37 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 Mayor Kelley. Mayor Pro Tem Maberry led the Pledge of Allegiance to the United States and Texas flags. 3. RICHLAND ELEMENTARY HONOR ROLL STUDENTS Mayor Kelley presented Certificates of Achievement to the first semester "A" honor roll students from Richland Elementary. There were a total of 16 students from grades first through fifth. 4. COUNCIL-APPOINTED BOARDS City Manager Hughes advised that Mr. Robb Theisen had submitted his resignation as an Alternate Member of the Planning and Zoning Commission. MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Stroder, to accept the resignation of Mr. Robb Theisen as Alternate Member of the Planning and Zoning Commission. The motion unanimously carried. 5. REQUESTS TO ADDRESS COUNCIL A. Martha Strain regarding the Sam's Club, DARE, and Richland Hills Middle School PTA sponsored Haunted House. Ms. Strain reported that funds raised from the Halloween haunted house grossed approximately $2,400, and netted approximately $1,600 after expenses for the required insurance MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING • FEBRUARY 14, 1995 PAGE 2 5. REQUESTS TO ADDRESS COUNCIL (cont'd.) policy and Halloween decorations. Sam's Club provided a matching grant, which provided a total amount of $1,625 to Richland Hills Middle School and $625 to the D.A.R.E. Program. Ms. Strain advised that approximately 1,500 children and adults visited the haunted house. Ms. Strain expressed her appreciation to the Gity Council for allowing the old police station building to be used for this purpose. B. Keith Bertelsen concerning the 60$ masonry requirement for newly-constructed homes. Mr. Bertelsen requested the Council to consider an amendment to the current building codes regarding the percentage of masonry requirements. Dale Jackson, Building/Code Official, advised that Mr. Bertelsen had requested a variance from the zoning • ordinance to construct a house with zero percent masonry. The zoning ordinance requires the exterior of a structure to be 60 percent masonry. The Board of Adjustment denied Mr. Bertelsen's variance request, due to the fact they did not want to set a precedent. Mr. Jackson also advised that in order for the Board of Adjustment to grant a variance, a hardship must be present, and the hardship cannot be self- imposed. Mr. Jackson pointed out in this case, the hardship is self-imposed due to the fact that it was Mr. Bertelsen's decision to build this type of house. Mr. Jackson had informed Mr. Bertelsen that the only way the structure could be built would be if the zoning ordinance were amended to allow for special exceptions, and several conditions must be met in order for the exception to be granted. Councilmember Wilson inquired as to whether Mr. Jackson was aware of any opposition to this request. Mr. Jackson advised that at the Board of Adjustment meeting, a resident in the area expressed his concern that if this house was allowed to be built with less than the required masonry, this could possibly lead to a decrease in property values in the area, if other houses of less value are subsequently built. C~uncilmember Whitfield inquired as to the provisions of area cities in this regard. Mr. Jackson advised he was not aware • of an ordinance in any city that specifically deals with Victorian-style houses. Mayor Kelley advised the Council would consider Mr. Bertelsen's request. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING • FEBRUARY 14, 1995 PAGE 3 6. LAIDLAW WASTE SYSTEMS RATE INCREASE PROPOSAL City Manager Hughes advised that Laidlaw Waste Systems had submitted a rate increase proposal and service options for the Council's consideration. Councilmember Kaastad advised that, due to a conflict of interest concerning a lease agreement between Laidlaw and her husband, she would be abstaining from discussion and voting on this item. Mr. Richard Davis, General Manager of Laidlaw Waste Systems, pointed out that the lease agreement between Laidlaw and Mr. Kaastad was executed in 1992, prior to Mrs. Kaastad being elected to the City Council. Mr. Davis advised that he had attended two Council workshops regarding the rate increase proposal and the service options, and was available to answer any further questions. • Councilmember Wilson discussed at length with Mr. Davis the reasons for the rate increase proposal; the extension of the contract from 1995 to 1998, and the senior citizen discount; and the increase in disposal fees. After further discussion, Mr. Davis advised that he could commit to the City Council that there would not be another disposal rate increase until January 1, 1997, and that it would not exceed 10 percent. Mr. Davis pointed out that the level of service would stay the same, if Option 1 were chosen, and materials for recycling would be added, such as junk mail, paper products, envelopes, and chipboard (cereal boxes). Councilmember Wilson stated that he would like to see the rate capped until the contract expires in December 1998. Mr. Davis pointed out that it would be difficult to say at this point whether or not a CPI increase would be needed in 1998, however, emphasized that a disposal rate increase would not occur in 1998. After lengthy discussion and negotiation, Mr. Davis advised he could commit to the City Council that the disposal rate increase in January 1997 would not exceed 7.5 percent, unless the State changes the landfill taxes, which calculates to a • disposal rate of not more than $5.70 per cubic yard. City Manager Hughes suggested for clarification that the wording read as follows: "No disposal increase until MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING • FEBRUARY 14, 1995 PAGE 4 6. LAIDLAW WASTE SYSTEMS RATE INCREASE PROPOSAL (cont'd.) January 1, 1997 and at that time no more than 7.5 percent of disposal increase as verified by Laidlaw and such increase not to exceed $.15 per residential household, exclusive of any increase in State taxes." Mr. Davis expressed his concern if the volume went over 974 cubic yards per month, he would prefer the wording state: "No more than $.40 per cubic yard of a based rate, rather than $.15 per residential household." MOTION: A motion was made by Councilmember Whitfield, and seconded by Mayor Pro Tem Maberry, to amend the franchise with Laidlaw Waste Systems to incorporate the rates as set forth in Option 3, which is once weekly garbage, once weekly recycling, and volume based yard waste, at a base rate of $4.67 per month for garbage service, $1.85 per month for recycling • service, and $1.02 per yard waste sticker; and that the disposal fee structure be frozen through December 31, 1997 with the disposal fee effective January 1, 1997 to be capped at a maximum of 7.5 percent disposal fee with a maximum impact of $.15 per residential household exclusive of State tax increases. City Manager Hughes advised that the City Attorney would prepare the ordinance amending the Laidlaw Franchise, and at the next meeting have the first summarization of the ordinance, and the following meeting have the second summarization and final approval of the ordinance. Councilmember Whitfield advised that the proposed motion would not only take advantage of the freezes negotiated by Councilmember Wilson with Mr. Davis, but would also minimize the financial impact to the citizens immediately, due to the fact that it is not nearly the rates requested by Mr. Davis under Option 1 for the current level of services. This will decrease the monthly service charge for garbage collection by $1.27, if the City changes to once per week garbage collection. Councilmember Whitfield pointed out that the City of Benbrook also has once per week garbage collection and have experienced no problems. • Councilmember Wilson pointed out that it takes a 4/5 vote of the Council to amend the franchise contract, and he would not vote in favor of a franchise amendment for once per week garbage collection. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING • FEBRUARY 14, 1995 PAGE 5 6. LAIDLAW WASTE SYSTEMS RATE INCREASE PROPOSAL (cont'd.) Councilmember Stroder expressed her support for once per week garbage collection, however, her first choice would be the bag-and-tag volume based service. City Attorney Wieneskie pointed out that it only takes three votes to direct the City Attorney to amend the franchise ordinance, however, it takes a 4/5 vote of the Council to adopt an ordinance amending the franchise contract with Laidlaw. Due to the fact that Councilmember Kaastad has advised she will abstain from voting, and Councilmember Wilson maintains his position to not vote in favor of amending the franchise to once per week garbage collection, the maximum possible number of votes in favor of the franchise amendment, out of the four Councilmembers entitled to vote, would only be three votes out of the required four votes to amend the franchise. • Councilmember Stroder pointed out that there was a possibility that, in the meantime, Councilmember Wilson may change his mind. Councilmember Wilson advised he would not change his mind. WITHDRAWAL OF MOTION: Councilmember Whitfield withdrew his motion, due to the situation on this issue. MOTION: A motion was made by Councilmember Wilson to accept the proposal from Laidlaw for the rate structure in Option 1, with the rate increase on January 1, 1996 be no more than 85~ of the CPI, the rate increase on January 1, 1997 be no more than 85~ of the CPI and the disposal portion will not increase more than 7.5~ of the existing rate which is $5.30, and that the rate increase on January 1, 1998 be no more than 85~ of the CPI, with the exception of any net change in State fees affecting the landfill tax. The motion died for lack of a second. Mr. Davis respectfully requested the Council to consider voting in favor of the motion, and pointed out that at any time the Council could amend the franchise contract to change • the level of service. Councilmember Whitfield inquired as to the practicality of a pilot program through mid-July to test the once per week garbage service. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING . FEBRUARY 14, 1995 PAGE 6 6. LAIDLAW WASTE SYSTEMS RATE INCREASE PROPOSAL (cont'd.) At the request of Councilmember Wilson, Mayor Kelley called for a 10-minute recess. Mayor Kelley reconvened the meeting at 9:05 p.m. The Council continued discussion with Mr. Davis regarding a pilot program for once per week garbage service. After further discussion, Mr. Davis advised that, if the Council approved the previous motion made that failed for lack of a second, Laidlaw would be willing to assist the City and share the expense of a professional poll of the citizens to determine whether or not the citizens would consider once per week garbage service. In addition, Mr. Davis advised that after the survey, if the Council desires to change the level of service, the proposed rates would still be offered. MOTION: A motion was made by Councilmember Wilson, and seconded by Councilmember Whitfield, to accept the proposal from Laidlaw for the rate structure in Option 1, with the rate increase on January 1, 1996 be no more than 85~ of the CPI, the rate increase on January 1, 1997 be no more than 85$ of the CPI and the disposal portion will not increase more than 7.5~ of the existing rate which is $5.30, and that the rate increase on January 1, 1998 be no more than 85~ of the CPI, with the exception of any net change in State fees affecting the landfill tax. The motion carried by a vote of 4 to 0, with Councilmember Kaastad abstaining from the vote. MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Wilson, to direct staff in cooperation with Laidlaw, to develop a questionnaire to send to the citizens concerning Laidlaw's increase proposal within the next 60 days, with the questionnaire to be approved by Council prior to mailing. The motion unanimously carried. 7. 1993 EDITION OF NATIONAL ELECTRICAL CODE City Manager Hughes advised that the proposed ordinance would amend Chapter 3, Section 4, of the City Code in its entirety MINUTES OF THE RICELAND HILLS CITY COUNCIL REGULAR MEETING . FEBRUARY 14, 1995 PAGE 7 7. 1993 EDITION OF NATIONAL ELECTRICAL CODE (cont'd.) and would adopt the 1993 Edition of the National Electrical Code. City Manager Hughes read the ordinance caption into the record as follows: "AN ORDINANCE AMENDING SECTION 4 "ELECTRICAL CODE" OF CHAPTER 3 "BUILDING REGULATIONS" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, IN ITS ENTIRETY, TO ADOPT THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE; ADOPTING PERMIT FEES, INSPECTION FEES AND REGISTRATION FEES; PROVIDING A PENALTY FOR VIOLATION OF UP TO $2,000 PER DAY; APPOINTING A BOARD OF APPEALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Dale Jackson, Building/Code Official, advised that the City's currently adopted electrical code is a small, locally written document, and all other cities in the area have adopted the National Electrical Code. Mr. Jackson pointed out several • discrepancies in the City's current electrical code, and recommended adoption of the 1993 Edition of the National Electrical Code, with the proposed local amendments to the National Electrical Code. MOTION: A motion was made by Councilmember Stroder, and seconded by Mayor Pro Tem Maberry, to adopt the ordinance amending Section 4 "Electrical Code" of Chapter 3 "Building Regulations", adopting in its entirety the 1993 Edition of the National Electrical Code with the proposed amendments as presented. Councilmember Wilson requested that the City Attorney sign off on the ordinance as to form and legality. VOTE ON MOTION: The motion unanimously carried. (Ordinance No. 742-95) 8. BUILDING AND STANDARDS COMMISSION Dale Jackson, Building/Code Official, recommended the creation of a Building and Standards Commission to provide assistance • in addressing the increasing problem with substandard and dangerous buildings. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING • FEBRUARY 14, 1995 PAGE 8 8. BUILDING AND STANDARDS COMMISSION (cont'd.) MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wilson, to authorize the City Manager to direct the Building/Code Official to draft an ordinance for the creation of a Building and Standards Commission. Councilmember Stroder inquired as to whether the Commission would have guidelines to follow in their determination of whether a building is substandard or dangerous, and whether training would be provided. Mr. Jackson advised that state law does provide guidelines, and training sessions would be provided to the commission members. Councilmember Whitfield suggested an amendment to the motion to require training to the commission members before they can • become an active voting member. AMENDMENT TO MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wilson, to amend the motion to include training for the members directed by the Building/Code Official under the direction of the City Attorney. The motion unanimously carried. 9. VALLEY GUTTER PROGRAM City Manager Hughes advised that City Engineer Randy Dulaney had prepared a proposal for the Valley Gutter Program. There were five locations recommended for the program. The City Council previously approved an appropriation in the amount of $25,000 from the Drainage Utility Fund for the Valley Gutter Program. Assistant to the City Manager Jim Quin advised that the five locations recommended for the Valley Gutter Program are as follows: 1. Marcille Court/Mary Boaz 2. Richland Road/Granada 3. Evergreen/Labadie 4. Hovenkamp/Vance 5. 3700 Popplewell MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING FEBRUARY 14, 1995 PAGE 9 9. VALLEY GUTTER PROGRAM (cont'd.) The City Engineer has advised that he can design this project inhouse, therefore, staff was requesting Council authorization for the City Engineer to initiate further study of these locations and begin design of the project for approval by the Council in March. MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Wilson, to authorize the City Engineer to conduct studies of the five identified areas for possible valley gutter, and prepare plans and specifications for those areas that meet the criteria. The motion unanimously carried. 10. COPS FAST PROGRAM FUNDING Police Chief Barbara Childress advised that the Violent Crime Control and Law Enforcement Act of 1994, (Crime Bill) signed into law by President Clinton created a federal-local law enforcement partnership and the opportunity to hire 100,000 new officers under the "Cops on the Beat" Program. With community policing as its base, the program was intended to encourage the development of police-citizen cooperation to control crime, maintain order, and improve the quality of life in America. The two new programs which initiate funding under the "Cops on the Beat" provisions of the Crime Bill are: COPS FAST - Populations less than 50,000, and COPS AHEAD - populations greater than 50,000. The programs provide 75 percent funding over a three-year period for the payment of salary and benefits for new officers assigned to community policing activities. Richland Hills was selected to receive funding under the COPS FAST Program. If the Council approves participation, the award would be for a three-year period with funding for the addition of one officer in the total amount of $71,005.50. After the three-year period, if the Council chooses to continue the program, the City would be obligated to fund the project 100 percent. Chief Childress advised that she was not requesting any additional funds for the program this year, due to the fact she feels the cost can be absorbed in the current budget. Chief Childress advised that • her original understanding was that the City would be required to hire an officer from outside for this position, however, since that time she has learned that the position could be offered to an existing officer, and the same level of funding could be used to hire a new officer for patrol. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING • FEBRUARY 14, 1995 PAGE 10 10. COPS FAST PROGRAM FUNDING (cont'd.) Councilmember Whitfield inquired as to when the three-year period would begin. Chief Childress advised the period begins when the officer is hired. MOTION: A motion was made by Councilmember Stroder, and seconded by Councilmember Whitfield, to approve participation in the COPS FAST Program. The motion unanimously carried. 11. CITY FACILITIES IMPROVEMENTS PROJECT Assistant to the City Manager Jim Quin advised that the City Council had held several workshops regarding the renovation of the old police station building. Since that time, the architect has gathered information to determine an estimate for the cost of the project, which includes renovation of the • old police station building, repairs and renovation of Kate Baker Park building, repairs in the Community Center, removal of a wall in the Library, and painting in the Public Works building and replacement of the HVAC unit. In addition, ADA improvements will be addressed, such as the lowering of light switches in the City Hall. The City currently has $130,944 budgeted for this project. The architect's estimate for the project which includes contingencies was in the total amount of $144,800. MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Stroder, to approve the preliminary design concept for the city facilities improvement project, and authorize the architect to prepare plans and specifications for all phases. There was a brief discussion regarding the capacity of the court room in relation to fire code requirements. Mr. Quin advised that during the design process, the architect should visit with the Fire Chief in this regard to assure all regulations are met. Councilmember Kaastad pointed out she was not in favor of the renovation of the old police station building, however, she • would vote in favor of the project due to the fact she was in favor_ of the repairs for the other buildings. voTE orr MOTION: The motion unanimously carried. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING • FEBRUARY 14, 1995 PAGE 11 12. WRITTEN POLICY FOR PERSONS FILING FOR CITY COUNCIL City Manager Hughes advised that this item was placed on the agenda at the request of Councilmember Kaastad. Councilmember Kaastad advised that in order to keep the candidates running for office informed of the City's business, home-rule and Council-Manager form of government, legislative responsibilities, budgeting and financial reporting, she requested the City of Richland Hills establish a City Council Candidate Policy, which shall stay in effect until changed by the current or any future Council. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wilson, to establish a City Council Candidate Policy which shall provide the following information to a candidate upon filing for office: • 1. copy of City Charter 2. State campaign finance forms 3. City's sign ordinance 4. City Council packet for each Council meeting prior to election 5. current City audit 6. TML Handbook for Mayors and Council- members Councilmember Kaastad advised that the first three items are already provided to the candidates by the City Secretary. In the past, Item 4 had been provided to candidates, however, for some reason this was discontinued in recent years. Councilmember Whitfield inquired as to the purpose of providing a copy of the audit for last year's budget, and suggested possibly a copy of the current budget might be more useful. Councilmember Stroder pointed out the cost involved in providing this information to possibly six candidates, and pointed out the information was available if a candidate wanted to review it. Councilmember Kaastad pointed out that the City Manager had • commented that he felt a current budget and audit should be provided to the candidates, and she agreed and felt it was important the candidates be informed, and believes the cost would be minimal. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING • FEBRUARY 14, 1995 PAGE 12 12. WRITTEN POLICY FOR PERSONS FILING FOR CITY COUNCIL (cont'd.) Councilmember Whitfield inquired as to whether Councilmember Kaastad had amended her motion to include a current budget be provided in addition to the current audit. Councilmember Kaastad advised she did not amend her motion, she was merely making a comment. MOTION: The motion carried by a vote of 4 to 1, with Councilmember Stroder casting the negative vote. 13. 2/2 195 WORKSHOP City Manager Hughes advised this item was placed on the agenda at the request of Councilmember Kaastad. Councilmember Kaastad advised she would like the budget • process to be more in line with the Texas Comptroller of Public Affairs. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Whitfield, to schedule a workshop for Tuesday, February 21, 1995 at 7:30 p.m. to establish a budget calendar for fiscal year 1995-96. The motion unanimously carried. 14. YOUTH ACTIVITIES ADVISORY BOARD City Manager Hughes advised this item was placed on the agenda at the request of Councilmember Whitfield. Councilmember Whitfield advised that a Youth Activities Advisory Board has been something he has wanted to accomplish ever since he was elected to the Council. Councilmember Whitfield explained that his intention was to establish a five-member committee charged with making recommendations as to youth activities outside of existing activities. Mr. Whitfield's primary concern was with youths from 10 to 16 years of age. Mr. Whitfield suggested adding a $.50 voluntary contribution on the monthly water bill to fund this project. • MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Stroder, to include this as an item on the agenda for the February 21, 1995 workshop. The motion unanimously carried. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING • FEBRUARY 14, 1995. PAGE 13 15. REMOVAL OF CONSENT AGENDA ITEMS Councilmember Kaastad requested Item C be removed from the Consent Agenda for individual consideration. 16-C. Approval of a Resolution Ordering the May 6, 1995 General Election. City Manager Hughes advised that the proposed resolution was to order the May 6, 1995 General Election, and also provided that the Election Judge to be appointed was Mr. Ralph Houy and the Alternate Judge to be appointed was Ms. Ola James. Councilmember Kaastad advised that an apparent oversight occurred when the election judges names were already inserted in the resolution, and in accordance with the City Charter, the City Council shall appoint the election judges. MOTION: A motion was made by Councilmember Kaastad, and • seconded by Councilmember Wilson, to approve the resolution with an amendment appointing J. Alan Hollis, 6979 Hardisty, Richland Hills, as the Election Judge, and Loyce Greer, 7936 Evelyn, Richland Hills, as the Alternate Judge. The motion carried by a vote of 3 to 2, with Councilmembers Stroder and Whitfield casting the negative votes. (Resolution No. 49-95) 16. CONSENT AGENDA City Manager Hughes reviewed the remaining items on the Consent Agenda as follows: A. Approval of Participation in the COPS Trading Card Program and Conducting a Fund Raiser for Such; B. Approval of the Minutes of the January 10, 1995 Regular City Council Meeting; D. Adoption of an Ordinance Amending the City Code Relating to the Appointment of Election Officials and Increasing the Rate of Pay Set for Election Officials; (Ordinance No. 743-95) • E. Approval of Scheduling a Joint Work Session with the Planning and Zoning Commission for March 6, 1995 at 7:30 p.m. as Recommended by the Commission, in Order to Review the Planning Efforts of KVG Gideon Toal; MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING • FEBRUARY 14, 1995 PAGE 14 16. CONSENT AGENDA (cont'd.) F. Approval of a Resolution Recommending that the Tarrant County Commissioner's Court Award Contract for the 20th Year CDBG Project to Cullum Pipe Systems, Inc., in the Amount of $110,337.96, with the County Share Totaling $110,337.96 (Resolution No. 50-95); and, G. Approval of a Building Permit Application Filed by Robert Kulaga, 3515 Scruggs Park, for the Construction of a 20- Foot by 20-Foot Metal Building, in Accordance with Section 10 (2) (b) of the Zoning Ordinance. MOTION: A motion was made by Mayor Pro Tem Maberry, and seconded by Councilmember Wilson, to approve the remaining items on the Consent Agenda as presented. The motion unanimously carried. • At this time, Mayor Kelley moved down the agenda to Item 18. 18. REPORTS AND COMMENTS ?Mike Marcum, 3700 Popplewell, Richland Hills, advised that the item he was going to discuss had already been taken care of under Agenda Item 9. ?Sharon Tucker, 4629 Riverview Drive, North Richland Hills, Coordinator of "Project Celebration", spoke before the Council regarding previous action taken by the Council denying the request for a donation for the 1995 Richland Senior High School Project Celebration, and provided a videotape of the event from 1992 for the Council to review. Councilmember Wilson pointed out that in the TML Handbook for Mayors and Councilmembers it states that "The donation of municipal funds to garden clubs, the girl scouts and other private organizations or individuals, is prohibited, no matter how worthy the purpose". Councilmember Kaastad addressed the comparison made by Ms. Tucker between the New Year's Eve accident and Project Celebration, and pointed out that there was no alcohol or drugs involved in that fatal accident on New Year's Eve. ?Oliver Pettit, 7505 Hovenkamp, Richland Hills, spoke before the Council regarding Item 11, and pointed out that during a walk-through of the old police station building at a previous Council workshop, he had asked Mr. Batenhorst, the Architect, MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING • FEBRUARY 14, 1995 PAGE 15 18. REPORTS AND COMMENTS (cont'd.) whether he had conducted a study of the structural integrity of the building and if the necessary renovations being proposed were feasible in accordance with the study. Mr. Batenhorst's reply was no, and therefore, Mr. Pettit expressed his feeling that a study should be done. Mr. Pettit also inquired as to whether the City Manager had contacted the Birdville Independent School District regarding their participation in the Curb and Gutter Program. Mr. Hughes advised he had assigned the matter to another staff member, and advised Mr. Pettit to contact him the next day and he would check with that staff member to see what had been done. At this time, Mayor Kelley recessed the Regular Session of the • Richland Hills City Council into Executive Session at 10:32 p.m. 17. EXECUTIVE SESSION A. Considering Entering into Executive Session. Mayor Kelley convened the Richland Hills City Council into Executive Session in the Council Conference Room at 10:40 p.m. to discuss the following items: i. In accord with Chapter 268, 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 Professional Responsibility of the State Bar of Texas, clearly conflicts with this chapter. ii. In accord with Chapter 268, Section 551.072, of the Texas Government Code, to deliberate the purchase, exchange, lease or value of real property The Executive Session adjourned at 11:09 p.m. . Mayor Kelley reconvened the Regular Session of the Richland Hills City Council in the Council Chambers at 11:11 p.m. to consider any action to be taken on the items discussed during Executive Session. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING • FEBRUARY 14, 1995 PAGE 16 17. EXECUTIVE SESSION (cont'd.) B. Consider Approval of: i. The purchase of 3909 Airline Drive, owned by Helen Husbenet Thompson, at the U.S. Army Corps of Engineers approved purchase price. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wilson, to approve the purchase of 3909 Airline Drive, owned by Helen Husbenet Thompson, at the U.S. Army Corps of Engineers approved purchase price. The motion unanimously carried. ii. A contract to purchase the home located at 1020 Calloway to serve as replacement housing of last resort for Richard and Linda Brock, 3905 Airline, under Section 206 of Public Law 91-646, as amended, as approved by the U.S. Army Corps of Engineers, • and the transference of title to said property to Richard and Linda Brock upon closing the purchase. MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Wilson, to approve the contract to purchase the home located at 1020 Calloway to serve as replacement housing of last resort for Richard and Linda Brock, 3905 Airline, under Section 206 of Public Law 91-646, as amended, as approved by the U.S. Army Corps of Engineers, and the transference of title to said property to Richard and Linda Brock upon closing the purchase. The motion unanimously carried. 19. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 11:12 p.m. APPROVED: C. F. K EY, MAYOR • ATTEST: TER WI LIS, CITY SECRETARY