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HomeMy Public PortalAboutCity Council Minutes 03-28-1995 MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 28, 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 Mayor Kelley requested a moment of silence for prayer. Councilmember Whitfield led the Pledge of Allegiance to the United States and Texas flags. • 3. PRESENTATIONS RECOGNITIONS A. Five-Year Service Award to Firefighter/Paramedic Steve Cole Mayor Kelley presented a service pin to Firefighter/Paramedic Steve Cole for his five years of service to the City of Richland Hills. B. Recognition of 1994 Volunteers of the Year Mayor Kelley recognized the following individuals who served on the Selection Panel for the selection of the 1994 Volunteers of the Year: tailless Vincent, Sr., 1993 Volunteer of the Year/1994 Coordinator; Len Ayres, 1993 Outstanding Citizen Volunteer; Janet Waller, Ola James, and John Gerke. Mayor Kelley recognized the individuals nominated for the VolLnteer of the Year as follows: Loyce Greer and Lloyd Sizemore. Mayor Kelley recognized Nona Wilson for being selected as the 1994 Outstanding Citizen Volunteer of the Year and presented • .her with a plaque of appreciation, a City T-shirt and coffee mug. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 28, 1995 PAGE 2 3. PRESENTATIONS/RECOGNITIONS (cont'd.) Mayor Kelley recognized Martha Strain for being selected as the 1994 Volunteer of the Year and presented her with a plaque of appreciation, a City T-shirt and coffee mug. C. Proclamation Declaring the Week of April 23-29, 1995 as "National Volunteer Week" At the request of Mayor Kelley, City Attorney Cribbs read a proclamation declaring the week of April 23-29, 1995 as "National Volunteer Week". 4. COUNCIL-APPOINTED BOARDS City Manager Hughes advised there were no appointments to be made at this time. • 5. CITIZEN RE VEST TO ADDRESS COUNCIL City Manager Hughes advised that Mr. John Chaffin, with the Richland Hills Christian Church, had submitted a request to use the municipal cable access channel for the broadcast of church services. Mr. Hughes explained that prior to a franchise amendment adopted in 1987, which combined the public and municipal access channels, the franchise agreement with Sammons Communications provided for one public access channel and one municipal access channel. However, the franchise amendment also provided that at least one other channel would be reserved for public educational and city use if the Council deemed it necessary. Mr. Hughes advised that, historically, the municipal access channel had been used only for municipal purposes, and after a survey of area cities, the same was found true for other municipalities. Mr. Hughes further advised that a letter had been sent to Sammons Communications requesting options available to provide public access channels for use by the public in Richland Hills. Mr. Hughes recommended the City Attorney prepare a document for the Council's consideration at the next meeting to require Sammons Communications to provide an additional public access channel in compliance with the franchise agreement. • Mr. Chaffin was not present at this time, therefore, Mayor Kelley moved to the next item on the agenda. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 28, 1995 PAGE 3 6. FORT WORTH TRANSPORTATION AUTHORITY FIVE-YEAR PLAN Mr. John Bartosiewicz, General Manager of the Fort Worth Transportation Authority, reviewed the Five-Year Service Plan of The "T" pointing out the five main goals of the plan, and provided a handout of the plan. Mr. Bartosiewicz introduced Mr. Bill Tompkins, a member of the Fort Worth Transportation Authority Executive Committee, and advised that Mr. Tompkins represents all of the non-Fort Worth cities. No formal action was taken by the Council on this item. 7. REQUEST TO WAIVE DEVELOPMENT FEES City Manager Hughes advised that a request had been submitted by Ms. Martena De La Fuente to waive water and sewer impact fees, the sewer tap fee, and building, electrical, plumbing, • and mechanical fees related to her development of Sunset Gardens Senior Citizens Community proposed for development on a 2.68-acre site located on Baker Boulevard. Ms. De La Fuente spoke before the Council regarding her request, and explained that the proposed development was an apartment complex for senior citizens, and her intent was to develop an affordable housing project for senior citizens on a fixed income. Ms. De La Fuente advised that she had applied for a private grant from the Affordable Housing Program (AHP) of the Federal Home Loan Bank of Dallas to assist in financing a portion of the development. Ms. De La Fuente further explained that the loan applications were evaluated according to criteria and objectives set by the AHP, and the grading system provided additional points if a waiver of city fees was obtained. Councilmember Kaastad discussed with Ms. De La Fuente whether or not she had considered locating this development in North Richland Hills, or was considering a similar development in North Richland Hills; whether or not she had purchased the property on Baker Boulevard; and the status of her grant request. Ms. De La Fuente advised she had not considered developing in • North Richland Hills; she had a contract for the purchase of the property on Baker Boulevard; and she should know by the first of June whether or not the grant was approved. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 28, 1995 PAGE 4 7. REQUEST TO WAIVE DEVELOPMENT FEES (cont'd.) Councilmember Whitfield discussed with Ms. De La Fuente the fact that this was not afederally-funded loan, and therefore, the development would not qualify as government housing. Ms. De La Fuente explained that this development was not HUD related and was rental property, and the corporation she had formed was for profit. Councilmember Wilson inquired as to whether the grant included the purchase of the property as well as construction. Ms. De La Fuente explained that she was requesting 40 percent of the total construction cost of $345,000, which included the property, and she would obtain the remaining 60 percent financing. City Attorney Cribbs advised the Council that it was prohibited by state law, city ordinances, and by contract from • waiving these fees. Councilmember Kaastad pointed out that the Council had previously approved a similar request from Leonard Properties. City Manager Hughes explained that the only fees waived for Leonard Properties was the water and sewer tap fees. City Attorney Cribbs clarified he was referring to impact fees that could not be waived. Ms. De La Fuente advised she understood that the City could not waive the Fort Worth water and sewer impact fees, and was only requesting waiver of the administrative fees and the building permit fees. City Manager Hughes explained that, in the past, the Council had waived the water and sewer tap fees. MOTION: A motion was made by Councilmember Wilson to reject the request to waive fees. The motion died for lack of a second. MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Stroder, to waive the • City's administrative water and sewer impact fees and the sewer tap fee. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 28, 1995 PAGE 5 7. REQUEST TO WAIVE DEVELOPMENT FEES (cont'd.) Councilmember Kaastad pointed out that the total amount of the fees to be waived was $702.38. Councilmember Stroder expressed her support in waiving the small amount of fees to assist in obtaining the grant and to get the project underway, and possibly double the return later. Councilmember Whitfield expressed his support in waiving the fees, and pointed out that the firm of KVG Gideon Toal Consultants had recommended this type of development for this area. Councilmember Kaastad advised that she was in favor of waiving the administrative water and sewer impact fees, however, was not in favor of waiving the sewer tap fee, since labor was • involved with this fee. VOTE ON MOTION: The motion carried by a vote of 3 to 2, with Councilmembers Wilson and Kaastad casting the negative votes. 8. LAVON DRIVE ISSUES City Manager Hughes advised that this item was placed on the agenda at the request of Mayor Pro Tem Maberry and Councilmember Whitfield. Councilmember Whitfield explained that the Council had been struggling with issues regarding Lavon Drive for several years and had made attempts to address those issues and thought the issues had been resolved. However, recently it was brought to the Council's attention there were still issues that needed to be addressed. Therefore, Mr. Whitfield suggested appointing a committee consisting of City Attorney Cribbs, one Council Member and one representative of the residents in the Lavon Drive area and their attorney, to work together to resolve the concerns of the residents. • MOTION: A motion was made by Councilmember Whitfield, and seconded by Mayor Pro Tem Maberry, to establish a subcommittee consisting of City Attorney James Cribbs, Councilmember Kaastad, and one representa- tive of the residents in the Lavon Drive area. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 28, 1995 PAGE 6 8. LAVON DRIVE ISSUES (cont'd.) Councilmember Wilson stated that he felt each resident should have an opportunity to meet with the subcommittee. Kim Ripple, 6440 Lavon Drive, Richland Hills, stated she would like each resident to have an opportunity to meet with the subcommittee, and felt it would be best to have two Council Members on the subcommittee. Troy Kerr, 6435 Lavon Drive, Richland Hills, stated he agreed with Ms. Ripple. Emmet West, 2901 Mary Boaz, Richland Hills, inquired as to why an outside attorney could not be hired, instead of using the City's attorney. Councilmember Whitfield explained it would cost more to hire • an outside attorney, due to the fact that the City's attorney was familiar with the situation and already had the information readily available to him, and if an outside attorney were hired, the matter would have to be researched from the beginning. Mr. Whitfield pointed out that thousands of dollars had already been spent trying to resolve this issue, and was under the impression at one point that everyone was satisfied, and specifically pointed out that he had felt Mr. West had been satisfied when the Council approved a Release of Covenant on his property as he had requested. In addition, Mr. Whitfield expressed his feeling that the current Council had done nothing illegal or improper regarding this matter, however, it was unfortunate that possibly preferential treatment had been given in some instances in the past which led to the current situation. Councilmember Kaastad expressed her feeling that she wanted to do whatever would be fair for everyone involved, and requested Mr. Whitfield amend his motion to appoint two Council Members and the Mayor to meet with the residents on a one-on-one basis for 30 minutes each. AMENDMENT TO MOTION: A motion was made by Councilmember Whitfield, and seconded by Mayor Pro Tem Maberry, to • amend the motion to establish a committee consisting of City Attorney Cribbs, the Mayor and Councilmembers Kaastad and Wilson to meet individually with each resident on Lavon Drive for 30 minutes each and their attorney if they so desired. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 28, 1995 PAGE 7 8. LAVON DRIVE ISSUES (cont'd.) Helen Thompson, 6432 Lavon Drive, Richland Hills, advised that she was in the process of building a home at this address, and stated that there were other residents in this same area that had no complaints and wanted the Council to know that the residents that filed the complaint did not represent her, as well as other residents on Lavon Drive, and requested that everyone be kept informed on this issue. Kim Ripple stated that the individuals who filed the complaint were owners of the developed properties on Lavon Drive, and the other individuals were owners of undeveloped property, and she felt that was why the owners of the undeveloped property had not been involved as they had not been affected. However, Ms. Ripple felt all property owners should be kept informed. Tana Kerr, 6435 Lavon Drive, Richland Hills, stated that she • felt it would be beneficial to all property owners to be involved in trying to resolve this issue. VOTE ON MOTION: The motion unanimously carried as amended. 9. FACILITIES IMPROVEMENTS PROJECT City Manager Hughes advised that bids were opened on March 22, 1995 for the City Facilities Improvements Project. Two bids were received with the lowest bid being submitted by Marathon Contractors in the amount of $151,023. The other bid was submitted by Krystal Contractors in the amount of $227,361, however, this was a non-responsive bid due to the fact that a bid bond was not submitted as required. City Manager Hughes advised that the total budgeted amount for the project was $130,444. Mr. Hughes pointed out that Councilmember Kaastad had called his attention to several items related to the ADA Transition and Compliance Plan that did not include a monetary value. Mr. Hughes advised that a contingency budget in the amount of $3,900 would need to be set up for this purpose. Mr. Hughes advised that the city staff's recommendation was to reject the bids for Public Works • Alternate Nos. PWl and PW2 in the total amount of $3,952, which related to the painting of the exterior of the building; reject the bid for Courts Building Alternate CB1 in the total MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 28, 1995 PAGE 8 9. FACILITIES IMPROVEMENTS PROJECT (cont'd.) amount of $17,383, which related to asbestos abatement. In addition, Mr. Hughes advised that according to the architect, Tom Batenhorst of GSB Batenhorst, the bid amount for the asbestos abatement was approximately five times higher than the estimated $3,100, and therefore recommended awarding a separate contract for this work. Mr. Hughes further recommended that the Council reject the Community Center Alternate CC1 in the amount of $513 for two freezeproof hose bibs, Alternate CC6 in the amount of $946 for a dishwasher, and also Alternate CC2 in the amount of $964 to replace ceiling tiles. Therefore, Mr. Hughes recommended the contract be awarded to Marathon Contractors in the total amount of $122,836, and that allowances be established for asbestos abatement in the amount of $3,100 and for ADA compliance in the amount of $3,900. Therefore, the total project budget amount totaled $129,836, which was $608 under budget for the • project. There was considerable discussion between the City Council and Mr. Batenhorst regarding asbestos abatement, general contract conditions, contingency funds, the bids received, ADA requirements, and the possibility of change orders. MOTION: A motion was made by Councilmember Stroder, and seconded by Councilmember Whitfield, to award the contract to Marathon Contractors with a total bid of $151,023 with the following deletions: Community Center CC1, CC2, CC6, Court Building CB1, Kate Baker Base, KB1, and Public Works PW1&2, for a total contract award in the amount of $115,044; and rebid Kate Baker Base and KB1. Councilmember Wilson asked City Attorney Cribbs whether he was comfortable with the Council awarding a contract with only one responsive bid being received. City Attorney Cribbs advised he would be comfortable with that decision and explained that if the City had complied with the law and had advertised for bids, the Council had the option of either accepting the bid or rejecting the bid and re- advertising. • Mr. Oliver Pettit suggested hiring a contractor who had done work on the Kate Baker building in the past, and discussed the ADA requirements with Mr. Batenhorst. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 28, 1995 PAGE 9 9. FACILITIES IMPROVEMENTS PROJECT (cont'd.) AMENDMENT TO MOTION: A motion was made by Councilmember Stroder, and seconded by Councilmember Whitfield, to amend the motion to add back Public Works PW1&2 for a total contract in the amount of $118,996. The motion carried as amended by a vote of 4 to 1, with Councilmember Wilson casting the negative vote. MOTION: A motion was made by Councilmember Stroder, and seconded by Mayor Pro Tem Maberry, to award contract for asbestos abatement to D.W.W. Abatement Inc. in the amount of $3,150. In response to a question from Councilmember Kaastad regarding the contract for asbestos abatement, Mr. Batenhorst reviewed a letter submitted from D.W.W Abatement Inc. regarding their bid for asbestos abatement. VOTE ON MOTION: The motion unanimously carried. MOTION: A motion was made by Councilmember Stroder, and seconded by Councilmember Whitfield, to rebid Kate Baker Base and KBl. The motion unanimously carried. MOTION: A motion was made by Councilmember Stroder, and seconded by Councilmember Kaastad, to suspend the City Manager's ability to approve change orders on this project and that any change order come back to the Council for approval. Councilmember Whitfield pointed out this could delay the project considerably if change orders had to be approved by the Council. AMENDMENT TO MOTION: A motion was made by Councilmember Stroder, and seconded by Councilmember Kaastad, to amend the motion to direct that any change . order exceeding $5,000 total for the City Facilities Improvements Project come back to Council for approval, and any change order under $5,000 be approved by the Mayor and City Manager. The motion unanimously carried as amended. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING MARCH 28, 1995 PAGE 10 9. FACILITIES IMPROVEMENTS PROJECT (cont'd.) MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Stroder, to reserve $3,900 of the total available funding of $130,444 for the purchase of ADA compliance equipment. The motion unanimously carried. 10. APRIL 20 COUNCIL~ADVISORY BOARD WORK SESSION City Manager Hughes advised that due to a conflict with the annual county-wide volunteer appreciation dinner and the quarterly joint workshop with the City Council and Advisory Boards, the workshop scheduled for April 20, 1995 needed to be rescheduled. MOTION: A motion was made by Councilmember Whitfield, and • seconded by Councilmember Stroder, to reschedule the April 20, 1995 Quarterly Joint Workshop with the City Council and the Advisory Boards to Tuesday, April 18, 1995 at 7:30 p.m. The motion unanimously carried. At this time, Mayor Kelley recognized Mr. John Chaffin in the audience and returned to Agenda Item 5. 5. CITIZEN REQUEST TO ADDRESS COUNCIL At the request of Mayor Kelley, City Manager Hughes explained to Mr. Chaffin that city staff had discussed with the City Attorney and Sammons Communications regarding the use of the municipal access channel for public use, such as broadcasting church services. Mr. Hughes advised that it was his understanding that no other area cities used the municipal access channel for that purpose, however, public access channels have been used for that purpose. Mr. Hughes further advised that the franchise agreement with Sammons Cable provided for the possibility of a public access channel, and the City had written a letter to Sammons requesting options regarding the availability of a public access channel. In addition, Mr. Hughes pointed out that the City Attorney had advised that further Council action in the form of a resolution or ordinance could require Sammons to provide a public access channel. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 28, 1995 PAGE 11 5. CITIZEN REQUEST TO ADDRESS COUNCIL (cont'd.) City Attorney Cribbs advised that Mr. Chaffin would then be able to arrange directly with Sammons Communications the use of the public access channel, and advised that he did not recommend the Council be directly involved with the public access channel. Mr. Chaffin expressed his feeling that the City should coordinate the programming with the citizens and Sammons Communications. City Attorney Cribbs advised he did not recommend the City be involved with the scheduling of the public access channel. 11. REMOVAL OF CONSENT AGENDA ITEMS . City Manager Hughes advised that Consent Agenda Item 12B needed to be removed and tabled to the April 11, 1995 Council Meeting, due to the fact that the McMillans had not signed the contract as of this date. 12B. Approval of a Contract to Purchase 3901 Airline Drive, Owned by Sam and Odest McMillan and Michael and Martha McMillan at the U.S. Army Corps of Engineers' Approved Appraised Value. MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Stroder, to remove Item B from the Consent Agenda. City Manager Hughes advised that the item needed to be tabled to the next meeting. AMENDMENT TO MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Stroder, to amend the motion to table Consent Agenda Item 12B. The motion unanimously carried as amended. • 12. CONSENT AGENDA City Manager Hughes reviewed the remaining items on the Consent Agenda as follows: MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 28, 1995 PAGE 12 12. CONSENT AGENDA (cont'd.) A. Approval of the Minutes of the February 28, 1995 Regular City Council Meeting; C. Approval of the Specifications and the Authorization of Staff to Seek Competitive Sealed Bids for the 1995 Valley Gutter Program. MOTION: A motion was made by Councilmember Stroder, and seconded by Mayor Pro Tem Maberry, to approve the remaining items on the Consent Agenda as presented. The motion unanimously carried. 13. REPORTS AND COMMENTS ?LaRue Wall, 7000 Park Place, Richland Hills, invited everyone • to attend the Annual Easter Egg Hunt at Rosebud Park on Saturday, April 8, at 1:00 p.m. ?Johnny Price, 2653 Rosebud Lane, Richland Hills, inquired as to the status of the item listed under Executive Session. City Attorney Cribbs advised there was no reason to hold an Executive Session regarding this item, due to the fact that the City had received a letter from the Prices agreeing to accept the offer from the City to purchase the property involved in the condemnation proceedings. At this time, the Council moved down to the Executive Session item. 14. EXECUTIVE SESSION - Consideration of entering into Executive Session 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 the lawsuit filed by Johnny Ray Price and Frances L. Price vs. City of Richland Hills, Cause No. 94-59389-2, and the condemnation action filed by the City of Richland Hills vs. Johnny Ray Price and Frances L. Price, Cause No. 95-61782-1, and settlement offers related thereto. • There was no need for the Council to go into Executive Session at this time. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 28, 1995 PAGE 13 15. ACTION ON ITEM DELIBERATED IN EXECUTIVE SESSION - Consideration of final action, decision, or vote on a matter deliberated in Executive Session in accord with Chapter 268, Section 551.102 of the Texas Government Code. The following action was taken by the Council on the item listed under the Executive Session. MOTION: A motion was made by Councilmember Whitfield, and seconded by Mayor Pro Tem Maberry, to accept the agreement between the City and Johnny and Frances Price for the City to acquire portions of Lots 3 and 4 on Rosebud Lane. The motion unanimously carried. Mayor Kelley returned to Item 13 and asked if there was anyone else wishing to speak at this time. • 13. REPORTS AND COMMENTS (cont'd.) ?Oliver Pettit, 7505 Hovenkamp, Richland Hills, inquired as to the status of his previous request for the City to request the Birdville Independent School District to pay a portion of the curb and gutter replacement. City Manager Hughes advised that the BISD Director of Transportation had been directed by the BISD Superintendent to meet with city staff regarding this issue, and asked City Engineer Dulaney when this was scheduled to take place. Mr. Dulaney advised the meeting should occur sometime within the next two weeks. ?Councilmember Stroder reported that volunteers had been cleaning up Rosebud Park for the last two weekends, and requested more volunteers for the April 1 Bag-a-Thon. ?Councilmember Whitfield expressed his appreciation to all of the City's volunteers, and congratulated Ms. Nona Wilson and Ms. Martha Strain on receiving the honor of Volunteer of the Year. • ?Councilmember Kaastad reported that street sweeping was scheduled to begin April 10 for a tv?~o-week period. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MARCH 28, 1995 PAGE 14 13. REPORTS AND COMMENTS ~cont'd.) ?City Manager Hughes reported that Sammons Communications had completed the installation of the necessary equipment to allow the City to replay council meeting tapes on Sundays at 7:30 a.m. and Mondays at 8:30 p.m. 16. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 10:05 p.m. APPROVED: C. F. KELLEY, MAYOR • ATTEST: C .D TERR WI~'~,IS, CI Y SECRETARY •