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HomeMy Public PortalAboutCity Council Minutes 03-14-1995 MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 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 James Cribbs. 2. INVOCATION AND PLEDGES OF ALLEGIANCE The invocation was given by Pastor Billy Mauldin, First Baptist Church, Richland Hills. Councilmember Whitfield led the Pledge of Allegiance to the • United States and Texas flags. 3. COUNCIL-APPOINTED BOARDS City Manager Hughes advised there were no appointments to be made to the City's boards. 4. SOLID WASTE FRANCHISE AMENDMENT At the February 28, 1995 Council Meeting, the proposed ordinance was summarized, and this was the second summarization as required by the City Charter. City Manager Hughes 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 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." MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 2 4. SOLID WASTE FRANCHISE AMENDMENT (cont'd.) City Manager Hughes advised that, in pre-council session, the City Council had expressed a desire to indefinitely postpone action on this item until a survey of the citizens was conducted to determine the desired level of service. MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Stroder, to postpone action indefinitely on this item pending the outcome of a citizen survey to determine the desired level of service. Councilmember Kaastad advised she would abstain from voting on this item due to a conflict of interest. Councilmember Wilson pointed out that the contract with Laidlaw provided for two free dump days, with this past • Saturday being one of those days. Mr. Wilson advised he went to the landfill at 3:30 p.m. Saturday, and it was closed, and inquired as to why the landfill was not open all day. Mr. Wilson advised he felt that either the dump days should be extended to full days, or either trade the dump days for another free pickup. Mr. Richard Davis, General Manager, Laidlaw Waste Systems, explained that the hours of operation of the landfill were 8:00 a.m. until 3:00 p.m., and this information was placed in the City's newsletter, in addition to a quarter page ad in the Fort Worth Star-Telegram, prior to the free dump days. Mr. Davis also explained that the landfill had to close at 3:00 p.m. in order to allow time to cover what had been dumped that day. Councilmember Wilson stated that he had called the landfill on Monday to inquire as to the hours of operation of the landfill on Saturday, and was informed the hours were 6:00 a.m. until 12:00 p.m. Mr. Davis advised that the normal hours of operation on Saturdays are 6:00 a.m. until 12:00 p.m., except for the free landfill days when the hours of operation are 8:00 a.m. until 3:00 p.m. In addition, Mr. Davis advised that Laidlaw had a • legal responsibility to cover the waste each day, and would not do anything that may jeopardize the landfill permit. Mr. Davis requested the Council to reconsider the motion and take action on this item this evening, instead of waiting for the results of the survey. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 3 4. SOLID WASTE FRANCHISE AMENDMENT (cont'd.) VOTE ON MOTION: The motion carried by a vote of 4 to 0, with Councilmember Kaastad abstaining from the vote. 5. CITY VIDEO AND AUDIO EQUIPMENT City Manager Hughes advised that this item was placed on the agenda at the request of Councilmember Wilson. Councilmember Wilson advised that Mr. Hughes was in the process of handling this matter, therefore, there was no need to consider action on this item. 6. COMMENT TIME AT COUNCIL MEETINGS • City Manager Hughes advised that this item was placed on the agenda at the request of Councilmember Wilson. Councilmember Wilson advised there was no need to consider action on this item at this time. 7. DONATION OF MUNICIPAL FUNDS City Manager Hughes advised that this item was placed on the agenda at the request of Councilmember Wilson. Councilmember Wilson explained his understanding that a donation of municipal funds cannot be made unless it would serve a public purpose. Mr. Wilson referred to the recent request for a donation to the "Project Celebration", an after- prom party for Richland High School seniors, which is sponsored by the PTA and put on by the parents of the graduating seniors. Mr. Wilson further advised that Richland High School and the Birdville Independent School District do not support the event as an active school function. Mr. Wilson advised he was in the process of checking on whether or not the PTA has the authority to solicit funds in the name of Richland High School, and pointed out that the • request for a donation was on BISD-Richland Senior High School letterhead. Mr. Wilson pointed out that his main question was whether or not a public purpose was being served, and advised he had contacted the Attorney General, the Texas Municipal MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 4 7. DONATION OF MUNICIPAL FUNDS (cont'd.) League, and the District Attorney in Fort Worth. Mr. Wilson advised that the District Attorney informed him that the event could serve a public purpose if all students were invited. Therefore, Mr. Wilson advised he did not feel this event would serve a public purpose. Additionally, Mr. Wilson pointed out that in the TML Handbook for Mayors and Councilmembers there was a section which stated that the donation of municipal funds was prohibited no matter how worthy the cause. Mr. Wilson advised that in response to his request for a legal opinion from the City Attorney, Mr. Wieneskie advised him to exercise caution in relying upon broad statements of the law contained in the TML Handbook. In addition, Mr. Wilson also pointed out that, in response to his request for a legal opinion, Mr. Wieneskie had advised that Section 52 of the Texas Constitution, which Mr. Wilson had • referred to in his letter, was inserted in the Texas Constitution following the Civil War in order to prevent counties, cities and towns from lending credit or granting public money to individual associations or private corporations primarily railroads. Mr. Wilson pointed out that this particular section of the Texas Constitution was amended November 7, 1978 and again on November 3, 1987, therefore, Mr. Wilson stated this section of the Constitution must be doing something good. Councilmember Wilson expressed his feeling that the "Project Celebration" was a good project, however, emphasized his feeling that the donation of municipal funds for this purpose was prohibited. City Attorney James Cribbs advised that this question had been considered over a period of seven years by the law firm of Cribbs and McFarland. Mr. Cribbs advised that the Council has the discretion to determine whether or not a certain event would serve a public purpose. Mr. Cribbs advised that the law firm stood by their legal opinion that the Council can make a determination of whether or not the event would serve a public purpose, and could legally co-sponsor the event or not co- sponsor the event. Mr. Cribbs pointed out there was no case law or statutory definition in this regard. Mr. Cribbs • emphasized that the determination of whether or not a donation of municipal funds would serve a public purpose was within the sound discretion of the City Council. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 5 7. DONATION OF MUNICIPAL FUNDS (cont'd.) Further discussion continued between Councilmember Wilson and Mr. Cribbs regarding Mr. Wilson's feeling that City Attorney Wieneskie had not properly informed him or Councilmember Kaastad on this issue. Mr. Cribbs advised it was his understanding that a legal opinion was not requested from Mr. Wieneskie during the discussion and prior to Council action on this item. Councilmember Wilson stated he was under the impression that the City Attorney was hired to advise the Council of whether they are right or wrong. Mr. Cribbs agreed it was the City Attorney's duty and responsibility to attempt to inform Council Members any time the attorney feels the Council is under a mistaken impression. Mr. Wilson advised he had called Mr. Wieneskie and was not satisfied with the answer he received. Councilmember Kaastad pointed out that in the letter to • Councilmember Wilson from Mr. Wieneskie he referred to "co- sponsoring" the event, and Mr. Cribbs also used the term "co- sponsor"; however, the request and information contained in the Council packet did not refer to co-sponsoring the event. Ms. Kaastad inquired as to where the term "co-sponsor" originated. Mr. Cribbs advised that this was the way the event was originally proposed to prior Councils as a co- sponsored event. Councilmembers Wilson and Kaastad stated they were still not clear as to whether the donation of municipal funds was prohibited no matter how worthy the cause. There was no formal action taken by the Council on this item. 8. FOURTH OF JULY CELEBRATION City Manager Hughes advised that, in response to a request from Mr. Marty Wieder, Director of Economic Development for the City of North Richland Hills, a resolution had been prepared authorizing the City to pay $500 to co-sponsor the Fourth of July celebration to be held at TCJC Northeast Campus at 8:45 p.m. on Tuesday, July 4, 1995. • Mayor Kelley inquired as to all of the cities involved in this event. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 6 8. FOURTH OF JULY CELEBRATION (cont'd.) Mr. Hughes advised the sponsors of the event are North Loop Dodge, the City of North Richland Hills, and possibly the cities of Colleyville, Keller and Southlake. The event will be produced in conjunction with Mountasia Family FunCenter, Golf & Bat Driving Range, and NRH20 (North Richland Hills' new Family Water Park). Councilmember Wilson pointed out that he felt a public purpose would be served in co-sponsoring this event, since everyone in the City would be invited. MOTION: A motion was made by Councilmember Wilson, and seconded by Councilmember Kaastad, to approve the donation of $500 to co-sponsor the Fourth of July event, upon TCJC's approval and finalization of plans for trash cans and grounds pickup. Councilmember Kaastad stated, for the record, that she would second the motion, however, until TCJC had approved the event, she would be voting no. Mayor Kelley requested clarification from Ms. Kaastad that she was wanting to make approval conditional upon TCJC's approval. In addition, Councilmember Kaastad requested the approval be submitted in writing from Mr. Marty Wieder. Councilmember Whitfield asked Mayor Kelley what exactly was being requested in writing. Mayor Kelley explained that Ms. Kaastad was requesting written approval that TCJC was cooperating in the effort in furnishing trash cans and grounds pickup. Councilmember Whitfield stated that he understood the request to say that plans for trash cans and grounds pickup would be made after receiving TCJC's approval to hold the event on their property, not that TCJC would provide trash cans and grounds pickup. Councilmember Kaastad requested an opinion from the City Attorney. • Mr. Cribbs advised the Council that they could approve the resolution, subject to the City receiving written confirmation from TCJC that they will participate in the event. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 7 8. FOURTH OF JULY CELEBRATION (cont'd.) Councilmember Kaastad requested an opinion from the City Attorney as to whether or not this event would serve a public purpose. Mr. Cribbs advised that it was not within the prerogative of the City Attorney to determine whether or not this event would serve a public purpose. Mr. Cribbs advised that when the Council has the discretion to make a decision, then a legal opinion is not needed. Councilmember Kaastad suggested the motion be amended to include written confirmation. AMENDMENT TO MOTION: A motion was made by Councilmember Wilson, and seconded by Councilmember Kaastad, to amend • the motion to include conditional approval upon receipt of written confirmation from TCJC to hold the event on their property. The motion unanimously carried as amended. (Resolution No. 52-95) 9. ISTEA PROJECTS ENGINEERING SERVICES City Manager Hughes reviewed the list of recommended engineers to be selected for the ISTEA Projects as follows: a. Teague, Nall & Perkins (Handley-Ederville Roadway Project) b. Knowlton, English, Flowers, Inc. (Booth-Calloway Road~Glenview Drive Intersection Improvement Project) Mr. Hughes advised that staff followed State regulations in making this recommendation to Council, and if approved, the selected firms will be submitted to the State for approval prior to the start of design on the project. Mr. Randy Dulaney, City Engineer, advised that this item was • only for approval of the selection of engineers, and upon final approval by the State, negotiations will begin and contracts will be prepared for Council's approval prior to design. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 8 9. ISTEA PROJECTS ENGINEERING SERVICES (cont'd.) Councilmember Kaastad requested an explanation of the projects. Mr. Dulaney advised that the Handley-Ederville Road Widening Project was the reconstruction of Handley-Ederville Road (from Highway 121 to 183) to provide for five lanes with a continuous center left turn lane. The Booth-Calloway Road/Glenview Drive Intersection Improvement Project was to reconstruct the intersection to provide left turn lanes. MOTION: A motion was made by Councilmember Stroder, and seconded by Mayor Pro Tem Maberry, to approve the selection of the consultants for the ISTEA Projects as follows: a. Teague, Nall & Perkins for the Handley- . Ederville Roadway Project; and b. Knowlton, English, Flowers, Inc. for the Booth-Calloway Road/Glenview Drive Intersec- tion Improvement Project. Councilmember Whitfield suggested the motion be amended to state "engineers" instead of "consultants". AMENDMENT TO MOTION: A motion was made by Councilmember Stroder, and seconded by Mayor Pro Tem Maberry, to amend the motion to state "engineers" instead of "consultants". The motion unanimously carried as amended. 10. CITIZEN SURVEY City Manager Hughes advised a citizen survey had been prepared to determine the level of service for solid waste collection (one or two pickups per week), in addition to the level of interest in providing a Youth Recreation Program with a voluntary donation of $.50 to be added to the water bills. Mr. Hughes advised the survey could be sent out by April 1, • with the survey to be returned by April 15 either to the City Secretary or with the water bill payment. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 9 10. CITIZEN SURVEY (cont'd.) MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Stroder, to approve the citizen survey as to format and language discussed in pre-council to be mailed no later than April 1 with a return date of April 15. Councilmember Whitfield explained that there would be two items on the survey. The first question would address the level of garbage service desired by the citizens. The two options were either to maintain the current level of service and absorb a $.75 rate increase, or reduce the number of collections to one pickup per week with all other services remaining the same, with the exception of yard waste, which would require the purchase of a bag for yard waste at $1.00 per bag. The once per week pickup would be $1.27 less per month than the twice per week pickup. The second question • would address the citizens' opinion on whether a Youth Activities Advisory Board should be established for the purpose of programming activities for youths ages 10 to 16, with an additional $.50 per month voluntary donation on the water bill to fund the activities. Councilmember Kaastad had a question as to Mr. Whitfield's statement regarding absorbing the $.75 per month increase. Mr. Whitfield explained he was speaking as a citizen in that regard. Councilmember Wilson inquired as to the voluntary donation of $.50 per month to pay a portion of the cost for youth recreation programs, and asked if the voluntary donation was to pay only a portion of the cost, where would the other portion come from. Councilmember Whitfield explained that the assumption was that there would also be funds budgeted for this purpose. VOTE ON MOTION: The motion unanimously carried. • 11. REFERRAL TO PLANNING AND ZONING COMMISSION City Manager Hughes advised that this item was placed on the agenda at the request of Councilmember Whitfield. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 10 11. REFERRAL TO PLANNING AND ZONING COMMISSION (cont'd.) MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Wilson, to refer to the Planning and Zoning Commission for consideration and recommendation the issue of the 60~ masonry requirement for new home construction in the City of Richland Hills. Councilmember Kaastad inquired as to why this issue would not be Code Enforcement rather than Planning and Zoning. Councilmember Whitfield explained that the issue was related to the Zoning Ordinance. VOTE ON MOTION: The motion unanimously carried. 12. JANUARY 17 TOWN HALL MEETING City Manager Hughes advised that this item was placed on the agenda at the request of Councilmember Kaastad. Councilmember Kaastad advised that she had requested a review of the citizens' concerns expressed at the January 17 Town Hall Meeting, and how the concerns had been addressed. However, there was a misunderstanding with the City Manager on the request and only a listing of each individual's concerns had been provided and not the action taken or to be taken. Ms. Kaastad pointed out that the City Manager had advised her he could review the concerns and the action taken or to be taken on each item. Mr. Hughes advised that a lot of the concerns expressed at the Town Hall Meeting related to Laidlaw Waste Systems and the current service, free landfill days, and use of heavy trucks on the streets. Mr. Hughes advised that, at the last few meetings of the Council, the issues of rates, level and quality of service had been addressed; and Laidlaw had informed the City they would be using new lighter trucks which would be less damaging to the streets. • Mr. Hughes pointed out that another concern was the vacant four-plex located on Matthews, and Mr. Hughes advised the structure had been boarded up and police patrol of the area had been increased. MINUTES OF THE RICHLAND HILLS CITY COUNCIL . REGULAR MEETING MARCH 14, 1995 PAGE 11 12. JANUARY 17 TOWN HALL MEETING (cont'd.) Another concern was in regard to Mr. Bertelsen's request for a variance to build a house not meeting the 60~ masonry requirements, and that issue was referred to the Planning and Zoning Commission this evening on a previous item. There was a comment regarding why the Block Captains' and Crime Prevention Meetings were held at the Police Station rather than City Hall, and Mr. Hughes suggested discussing the matter with the Police Chief. Another concern was the parking across from the Metroplex Baptist Church on Popplewell and Grapevine Highway, and Mr. Hughes advised that the Code Official and Police Department were working together to resolve the problem. If the problem persists, staff's intention would be to come back to the Council with an ordinance prohibiting parking in that • area. There were concerns expressed regarding speeding on certain streets, and staff was considering options to resolve the problem, and possibly will recommend holding a workshop in this regard. There was one comment regarding the consideration of less restrictions on garage sales and allowing block sales, and this issue had not been addressed. Mr. Hughes advised the Council to let him know if they would like to initiate action on this issue. Several comments were made regarding sewer problems, and the engineering firm of Knowlton, English and Flowers, Inc. are analyzing the problem, and a formal recommendation will be brought to the Council at a later date on this issue. Mr. Hughes advised that Mr. Pettit had expressed his concern regarding the damage to the curbs around the middle school, and those problems had been conveyed to the middle school. In addition, Mr. Pettit was concerned about the parking around the elementary school, and a meeting had been scheduled with the BISD to resolve the problem. • Mayor Kelley pointed out that he had observed, the next day after the Town Hall Meeting, that some of the concerns expressed at the meeting were already being addressed, and MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 12 12. JANUARY 17 TOWN HALL MEETING (cont'd.) also pointed out that some concerns may take longer than others to resolve, and some concerns may not be resolved to everyone's satisfaction. However, Mayor Kelley expressed his pleasure with the action staff was taking on the concerns. In addition, Mayor Kelley reported that TXDOT had assured the City there would be improvements on the shoulders of Highway 10 and also an overlay on Highway 10 within the next 12 months. 13. REMOVAL OF CONSENT AGENDA ITEMS City Manager Hughes advised that Item 14-B needed to be removed and postponed indefinitely. • 14-B. Adoption of an Ordinance Amending Section 6, Garbage Collection Rates, of Chapter 6, Health and Sanitation, of the City Code, as Amended, to Make Adjustments to the Rates and Charges; Providing Severability and Savings Clauses; and Providing an Effective Date. MOTION: A motion was made by Councilmember Stroder, and seconded by Councilmember Whitfield, to remove Item 14-B from the Consent Agenda and postpone action indefinitely. The motion unanimously carried. 14. CONSENT AGENDA City Manager Hughes reviewed the remaining items on the Consent Agenda as follows: A. Approval of the Minutes of the February 14, 1995 Regular City Council Meeting; C. Approval of Calling Joint Work Sessions with the City Council Concerning the Planning Efforts of KVG Gideon Toal as Follows: • Planning and Zoning Commission/Economic Development Advisory Board - March 27, 1995, 7:00 p.m.; Planning and Zoning Commission/Parks and Beautification Advisory Board - April 3, 1995, 7:30 p.m. ; and, MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 13 14. CONSENT AGENDA (cont'd.) Planning and Zoning Commission - April 24, 1995, 7:00 p.m. MOTION: A motion was made by Councilmember Wilson, and seconded by Councilmember Whitfield, to accept Items A and C on the Consent Agenda as written. The motion unanimously carried. At this time, Mayor Kelley moved down the agenda to Item 16. 16. REPORTS AND COMMENTS ?Oliver Pettit, 7505 Hovenkamp, Richland Hills, spoke to the Council regarding the 1993-94 Audit, and submitted a list of questions. Mr. Pettit also commented on the donation of • municipal funds for the "Project Celebration", and expressed his opposition to the donation of municipal funds for this purpose. ?Jean Spieker, 3401 Jonette, Richland Hills, commented on the donation of municipal funds, and expressed her opposition to the donation of municipal funds for this purpose, and commended the Council on their action. ?T. S. Bridges, 7231 Hovenkamp, Richland Hills, spoke to the Council regarding the Laidlaw franchise agreement and the problem he was experiencing with his recycling materials not being picked up, and his opposition to the donation of municipal funds for the "Project Celebration". ?Loyce Greer, 7436 Evelyn, Richland Hills, stated she was in support of helping teenagers, however, was in opposition to donating municipal funds for that purpose and supported the Council's decision not to approve the donation. Ms. Greer also commented on the need for the playgrounds to be made safe and to meet ADA requirements. In addition, Ms. Greer discussed the Parks budget and explained the $200 budgeted for miscellaneous items was for small items, such as film developing. ?George Quinley, 3508 Scranton Drive, Richland Hills, commented on the donation of municipal funds and requested clarification as to the City Attorney's statement regarding the Council not needing a legal opinion from the attorney regarding the donation of municipal funds. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 14 16. REPORTS AND COMMENTS (cont'd.) Mr. Cribbs explained that he had said the decision of whether or not the proposed expenditure of funds would or would not serve a public purpose was within the sound discretion of the Council. Mr. Quinley also commented on the request from North Richland Hills for a donation of municipal funds for the Fourth of July celebration, and inquired as to the amount North Richland Hills was donating for this purpose. Mayor Kelley advised he did not have that information. ?David Ainslie, 6713 John Drive, Richland Hills, stated he understood that the City Manager wanted to meet with him and asked the City Manager if this was true. • City Manager Hughes advised it was his understanding Mr. Ainslie wanted to talk to him, and therefore, Mr. Hughes had instructed his secretary and the City Secretary to advise Mr. Ainslie to call and set up an appointment. In addition, Mr. Ainslie inquired as to whether or not the City Manager had authorized any City employees to paint on his building. Mr. Hughes advised he would not respond to that question, due to a previous threat by Mr. Ainslie of filing a lawsuit regarding that matter. ?Truman Harrell, 6509 Marcille Court, Richland Hills, spoke to the Council regarding the level of garbage service and suggested recycling every other week. In addition, Mr. Harrell commented on the problem with flooding on his property; and his opposition to the donation of municipal funds for events, such as the "Project Celebration". ?Tana Kerr, 6435 Lavon, Richland Hills, advised she did not appreciate a comment made by a city employee regarding the Lavon area being a war zone. In addition, Ms. Kerr inquired as to the why there was a • problem with granting approval for a Victorian house, not meeting the 60~ masonry requirement, to be built in this area, when an old dilapidated house was recently moved onto a vacant lot in the same area. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 15 16. REPORTS AND COMMENTS (cont'd.) Mr. Dale Jackson, Building Official, explained that the permit was issued under the Building Code, which allows buildings to be moved into the City, provided that the building complies with all of the requirements of a new building, and therefore the building will have to be upgraded to meet all current city codes. Ms . Kerr advised this house had lowered the property values in the area, and she does not understand why the house was permitted to be moved in. ?Kim Ripple, 6440 Lavon Drive, Richland Hills, commented on the parking problem at the elementary school and suggested making the vacant lot a parking lot. Ms. Ripple also advised that a formal complaint had been • submitted to the City regarding the house Ms. Kerr previously referred to and had requested all development cease until certain issues were addressed, and this had not been done. ?Anita Barry, 3829 Cagle Drive, Richland Hills, spoke to the Council regarding the problem with their sewer line backing up into the house. There being no other persons requesting to speak before the Council, Mayor Kelley recessed the Regular Session of the Richland Hills City Council into Executive Session at 9:20 p.m. 15. EXECUTIVE SESSION A. Consider Entering into Executive Session in Accord with Chapter 268, Section 551.072 of the Texas Government Code to Deliberate the Purchase, Exchange, Lease or Value of Real Property. Mayor Kelley convened the Richland Hills City Council into Executive Session in the Council Conference Room at 9:25 p.m. to discuss the following items: • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 14, 1995 PAGE 16 15. EXECUTIVE SESSION (cont'd.j B. In Accord with Chapter 268, Section 551.102 of the Texas Government Code, Consider Approval of Contracts to Purchase the Following Properties for the Calloway Branch Flood Control Project at the U.S. Army Corps of Engineers Approved Values: i. 3921 Airline Drive, owned by James and Josephine Jordan; and, ii. 3833 Airline Drive and 3829 Airline Drive, owned by Leslie and Marjorie Jordan. The Executive Session adjourned at 9:37 p.m. Mayor Kelley reconvened the Regular Session of the Richland Hills City Council in the Council Chambers at 9:40 p.m. to • consider any action to be taken on the items discussed during Executive Session. MOTION: A motion was made by Councilmember Stroder, and seconded by Mayor Pro Tem Maberry, to approve the purchase of 3921 Airline Drive, owned by James and Josephine Jordan; and 3833 Airline Drive and 3829 Airline Drive, owned by Leslie and Marjorie Jordan, at the U.S. Corps of Engineers' approved values. The motion unanimously carried. 17. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 9:42 p.m. APPROVED: C. F. KELL , MAYOR ATTEST: ,p ? , TE1'1 WILDS, CITY SECRETA Y