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HomeMy Public PortalAboutCity Council Minutes 02-28-1995 MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING FEBRUARY 28, 1995 1. CALL TO ORDER Mayor Kelley called the meeting to order at 7:32 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 Associate Pastor Phil Heinze, Calvary Lutheran Church, Richland Hills. Councilmember Wilson led the Pledge of Allegiance to the United States and Texas flags. 3. COUNCIL-APPOINTED BOARDS City Manager Hughes advised that Ms. Brenda Finn had submitted an application for appointment to the Planning and Zoning Commission to fill the Alternate No. 2 position. MOTION: A motion was made by Councilmember Wilson, and seconded by Councilmember Stroder, to appoint Brenda Finn to the Planning and Zoning Commission. The motion unanimously carried. 4. SOLID WASTE COLLECTION RATES City Manager Hughes advised the proposed ordinance would amend the December 20, 1990 contract between the City and Laidlaw Waste Systems, and read the ordinance caption into the record as follows: "AN ORDINANCE AMENDING THE DECEMBER 20, 1990 FRANCHISE CONTRACT BETWEEN THE CITY OF RICHLAND HILLS, TEXAS, AND LAIDLAW WASTE SYSTEMS, FOR THE COLLECTION WITHIN THE CITY OF • GARBAGE, TRASH, REFUSE AND OTHER WASTE, AND AMENDING ORDINANCES N0. 677 AND 687, WHICH AMENDED AND REVISED THE FEES CONTAINED WITHIN THE ORIGINAL FRANCHISE CONTRACT; AMENDING THE MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING FEBRUARY 28, 1995 PAGE 2 4. SOLID WASTE COLLECTION RATES (cont'd.) FRANCHISE CONTRACT BETWEEN THE CITY OF RICHLAND HILLS, TEXAS AND LAIDLAW WASTE SYSTEMS, AFOREMENTIONED, TO INCREASE THE RATES AND CHARGES CONTAINED THEREIN; PROVIDING FOR LIMITATIONS UPON CHANGES TO GARBAGE COLLECTION RATES BASED ON INCREASES IN DISPOSAL COSTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE." City Manager Hughes advised that, in accordance with the City Charter, an ordinance amending a franchise contract requires a summarization of the proposed ordinance at two regular meetings of the City Council prior to adoption, and requires a 4/5 vote of the Council for adoption. Therefore, the second summarization and consideration of adoption would be scheduled for the March 14, 1995 City Council meeting. City Manager Hughes advised that the proposed ordinance • provided for an increase in the residential solid waste rate, which included recycling, from $7.84 per month to $8.59 per month, effective April 1, 1995, with the first billing to occur on May 1, 1995. Mr. Hughes further advised this was a 9.57 increase, which included a 2.4~ CPI (Consumer Price Index) increase. Mr. Hughes pointed out that only one additional increase would be permitted during the term of the franchise contract, which was due to expire on December 31, 1998, and would be limited to a maximum of 7.5~ of the current disposal rate of $5.30 per cubic yard with the maximum increase to be $.15 per month per residential customer, with the exception of any mandated state or federal fees. Councilmember Wilson advised that the Council had discussed in pre-council a change in wording on Page 1 of the proposed ordinance to reflect Laidlaw had requested the rate increase, and that Mr. Hughes would verify with Laidlaw the rate charged to senior citizens. City Manager Hughes advised that, at the next meeting, the proposed ordinance would be provided with the changes discussed, and at that time the ordinance would again be summarized and considered for adoption with the amendments as stated. • Mayor Kelley pointed out that this issue would be addressed in the March newsletter, and also advised that a questionnaire would be sent to citizens in the next few weeks concerning the level of garbage service, and encouraged everyone to take the time to respond. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING FEBRUARY 28, 1995 PAGE 3 5. FY 1993-94 AUDIT City Manager Hughes introduced Ms. Cheryl Hartfield with McCaslin & Company, and advised she would review the audit for fiscal year 1993-94. Ms. Hartfield advised that, in the opinion of McCaslin & Company, the general purpose financial statements for the year ended September 30, 1994 present fairly, in all material respects, the financial position of the City of Richland Hills, and the results of its operations and the cash flows of its proprietary fund types for the year in conformity with generally accepted accounting principles. Ms. Hartfield briefly reviewed the audit report and advised she would answer any questions. Councilmember Kaastad had a question on Note 5 regarding the • Fund Balance. Ms. Hartfield explained that as of the end of September 1993, there were checks cut for payment of anticipated street repairs which never occurred, therefore, in order to properly and meaningfully show the 1993-94 activity, an adjustment was made to the fund balance. City Manager Hughes further explained this was in relation to the interlocal agreement with TXDOT (Texas Department of Transportation) for the ISTEA (Intermodal Surface Transportation Enhancement Act) Improvements Project. Councilmember Kaastad advised she did not receive the audit report until late Friday afternoon, and did not feel she had sufficient time to review the report, and had suggested in pre-council to postpone action until the next meeting. Therefore, she would be voting against acceptance, due to the fact she had not had a chance to review the report properly. Councilmember 5troder pointed out that the Council had received a preliminary draft approximately two weeks ago, and only one change had been made to the report. MOTION: A motion was made by Councilmember Stroder, and • seconded by Mayor Pro Tem Maberry, to accept the FY 1993-94 audit report as presented by McCaslin & Company. The motion carried by a vote of 3 to 2, with Councilmembers Wilson and Kaastad casting the negative votes. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING FEBRUARY 28, 1995 PAGE 4 6. CITY FACILITIES IMPROVEMENTS PROJECT City Manager Hughes advised that plans had been prepared for improvements to the old Police Station, Community Center, Library, Kate Baker building, the Public Works building, and the final phase of the ADA (Americans with Disabilities Act) improvement project. The specifications would allow for each building to be bid separately with alternates to allow for maximum flexibility to add or delete certain items. MOTION: A motion was made by Councilmember Whitfield, and seconded by Mayor Pro Tem Maberry, to approve the plans and specifications for the city facilities improvements project, and authorize staff to seek competitive sealed bids for the project. Councilmember Wilson advised he received the plans less than 24 hours prior to the meeting, and did not feel comfortable • approving them at this time, and felt a workshop was needed to allow additional time for review. Councilmember Kaastad agreed with Councilmember Wilson regarding the need for a workshop, and stated if that was not possible, she would like several items deleted and listed those items. Councilmember Stroder pointed out that the plans were more detailed than the actual specifications to be used in bidding the project, and pointed out that the Council will have the option of omitting any item at the time of awarding the bid. Councilmember Kaastad discussed at length certain items in the plans and suggested bidding them separately, such as the HVAC unit for the Public Works building. Ms. Kaastad inquired as to the additional work needed in regard to ADA requirements and the agreement Council previously approved for sign interpretive services. Councilmember Kaastad expressed her feeling that this item needed a lot more consideration prior to bidding the project, and the city's infrastructure also needed to be taken into consideration. City Manager Hughes advised that the agreement Council previously approved was for sign interpretive services only, • and the item for a hearing assistance device was needed in order to fully comply with ADA requirements. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING FEBRUARY 28, 1995 PAGE 5 6. CITY FACILITIES IMPROVEMENTS PROJECT (cont'd.) Councilmember Whitfield explained there were restrictions in the law that did not allow the City to contact a subcontractor directly, due to the fact it could be perceived as trying to circumvent the competitive bidding process. Councilmember Wilson again expressed his feeling of the need for a workshop. Councilmember Kaastad pointed out the budgeted amount was $130,000, and the estimated amount was $145,000, and expressed her feeling that the citizens would not be in favor of spending this amount of money on Diana Drive. VOTE ON MOTION: The motion carried by a vote of 3 to 2, with Councilmembers Kaastad and Wilson casting the • negative votes. 7. FY 1995-96 BUDGET PREPARATION CALENDAR City Manager Hughes advised that the Council had discussed a calendar for the FY 1995-96 budget at a workshop held on February 21, 1995. Councilmember Kaastad pointed out the Council had failed to take into consideration Councilmember Wilson's kidney dialysis schedule, and therefore had made changes to the draft calendar discussed at the workshop. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wilson, to accept the calendar with changes as follows: March 7, 1995 Town Hall Meeting on Budget June 6, 1995 City Manager to Provide Revenue Projections June 12, 1995 City Manager to Provide Draft Budget to City Council • June 20, 1995 City Council Workshop (7:OOpm-10:00pm) June 22, 1995 City Council Workshop (7:OOpm-10:00pm) MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING FEBRUARY 28, 1995 PAGE 6 7. FY 1995-96 BUDGET PREPARATION CALENDAR (cont'd.) June 29, 1995 City Council Workshop (7:OOpm-10:00pm) July 6, 1995 City Council Workshop (7:OOpm-10:00pm) July 13, 1995 City Council Workshop (7:OOpm-10:00pm) July 18, 1995 City Council Workshop (7:OOpm-10:00pm) July 20, 1995 Town Hall Meeting on Budget July 27, 1995 City Council Workshop - Overall Draft Review After Town Hall • Meeting August 3, 1995 City Manager to File Proposed Budget with City Council and City Secretary August 22, 1995 Conduct Public Hearing on Budget September 12, 1995 Adopt Budget/Set Tax Rate Councilmember Stroder stated she could not vote in favor of this item, due to the fact that a majority of the current Council does not plan to be in office during the next budget process, and did not feel it was appropriate for the current Council to set meeting dates for the incoming Council. VOTE ON MOTION: The motion carried by a vote of 4 to 1, with Councilmember Stroder casting the negative vote. 8. REMOVAL OF CONSENT AGENDA ITEMS City Manager Hughes advised that Councilmember Kaastad had • requested Item 9-B be removed for individual consideration. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING FEBRUARY 28, 1995 PAGE 7 8. REMOVAL OF CONSENT AGENDA ITEMS (cont'd.) B. Adoption of an Ordinance Calling a Special Election on Proposed Amendments to the Home Rule Charter of the City; Designating the Date of Said Election and Polling Places; Appointing Election Officials; Designating Early Voting Hours and Places; Directing Posting and Publication of Notices for Said Election; Providing Severability and Savings Clauses; and Providing an Effective Date. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wilson, to adopt the ordinance with a correction on Page 2 under Proposition No. 6 to change Section 6.04 to 6.08. The motion unanimously carried. (Ordinance No. 744-95) • 9. CONSENT AGENDA A. Approval of the Minutes of the January 24, 1995 Regular City Council Meeting. MOTION: A motion was made by Councilmember Stroder, and seconded by Councilmember Wilson, to approve the minutes as presented. The motion unanimously carried. 10. REPORTS AND COMMENTS Mayor Kelley pointed out he had been requested to issue a proclamation declaring the week of March 5-11, 1995 as "Severe Weather Awareness Week". At the request of Mayor Kelley, City Attorney Wieneskie read the proclamation. Mayor Kelley also pointed out this week was "Public Schools Week", and encouraged everyone to visit their local schools. ?Keith Bertelsen, 2600 Rosebud, Richland Hills, Texas, inquired as to the status of his previous request regarding masonry requirements. . Councilmember Whitfield advised he would request an item be placed on the next agenda, and stated his intention was to refer the matter to the Planning and Zoning Commission for a recommendation to the Council. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING FEBRUARY 28, 1995 PAGE 8 10. REPORTS AND COMMENTS (cont'd.) ?Jean Spieker, 3401 Jonette, Richland Hills, Texas, suggested the Council consider for the upcoming election possibly limiting the number of temporary yard signs. In addition, Ms. Spieker inquired as to the city facilities improvements project, and whether the items that needed repair in certain buildings were budgeted, and suggested possibly considering the repair items be removed from the improvements project and handled separately. Ms. Spieker pointed out if the cost was under $5,000, the City did not have to competitively bid these particular items. City Manager Hughes explained that if the cost for all items removed from the project totalled more than $5, 000, this would be in violation of a new provision in State law dealing with component and sequential purposes. • Ms. Spieker also suggested possibly placing an article in the newsletter regarding any retired electricians that are still licensed to possibly perform some of the work on the improvements project. 11. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 8:33 p.m. APPROVED: C. F. LEY, MAYOR ATTEST: RI LIS, C Y SECRETARY