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HomeMy Public PortalAboutCity Council Minutes 05-23-1995 MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING MAY 23, 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. Councilmearbers Present: Pat Watkins, Reta P. Kaastad, Horace Hamilton, Larry Wilson, and LaRue Wall. 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 Eric Schulze, Calvary Lutheran Church, Richland Hills. Councilmember Wilson led the Pledge of Allegiance to the United States and Texas flags. 3. RECOGNITION OF COUNCILMEMBERS WHOSE TERMS EXPIRED ON MAY 9, 1995 CURTIS WHITFIELD, NELDA STRODER, AND ROY MABERRY Mayor Kelley expressed his appreciation to outgoing Council- members Curtis Whitfield, Nelda Stroder and Roy Maberry for their four years of dedicated service to the City, and presented each with a plaque of appreciation. 4. COUNCIL-APPOINTED BOARDS At this time, the Council considered appointments to the City's Boards, Commissions and Committees. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to remove Diane Whitfield from the Clean City Commission and the Special Events Committee in accordance with the May 12, 1995 request submitted by Diane Whitfield. The motion unanimously carried. Councilmember Hamilton advised that he had received a verbal resignation from Mr. Denis Howle, Member of the Clean City Commission. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 2 4. COUNCIL-APPOINTED BOARDS (cont'd.) MOTION: A motion was made by Councilmember Hamilton, and seconded by Mayor Pro Tem Wilson, to accept the verbal resignation of Mr. Denis Howle from the Clean City Commission. The motion unanimously carried. Councilmember Wall made the following appointments to Place 5: Loyce Greer - Place 5C, Parks and Beautification Board Jeanne Erickson - Place 5B, Clean City Commission Mayor Kelley advised there being no objection, the individuals were duly appointed. Councilmember Hamilton made the following appointments to Place 3: • Margaret Coleman - Place 3, Library Board Nelda Stroder - Place 3A, Economic Development Board Bettie Conklin - Place 3B, Economic Development Board Pat Jermyn - Place 3, Crime Prevention Board Jan Harrison - Place 3A, Clean City Commission Nelda Stroder - Place 3B, Clean City Commission W. H. Vincent, Sr. - Place 3, Public Transportation Board Darla Whitworth - Place 3, Special Events Committee Mayor Kelley advised there being no objection, the individuals were duly appointed. Councilmember Watkins made the following appointments to Place 1: Onita Coker - Place 1, Library Board Bob Ince - Place lA, Economic Development Board Martha Strain - Place 1B, Economic Development Board Desiree Thomas - Place lA, Parks and Beautification Board June Mosley - Place 1B, Parks and Beautification Board Rick Strain - Place 1, Crime Prevention Board Wayne Tidwell - Place 1, Public Transportation Board Don Atchison - Place 1, Teen Court Advisory Board • Mayor Kelley advised there being no objection, the individuals were duly appointed. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 3 5. SOLID WASTE COLLECTION RATES City Manager Hughes advised that this was the second reading and review of the proposed ordinance to amend the franchise agreement with Laidlaw Waste Systems, and a 4/5 vote of the Council was required for approval. This item was tabled at the May 9, 1995 City Council Meeting. 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 NO. 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." Mayor Pro Tem Wilson advised there were 2,588 residential customers, with 1,835 receiving curbside service, 131 receiving back door service, and 622 senior citizen customers. Mr. Wilson advised he had negotiated a lower rate than initially proposed for the senior citizens from $7.78 to $7.60 per month. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to adopt the proposed ordinance with an amendment to Section I-B decreasing the senior citizen rate from $7.78 to $7.60. Mr. Malvin Brantley, 2900 Faye Drive, Richland Hills, spoke before the Council regarding the Laidlaw rate increase request based upon the landfill cost increase and whether information had been provided to the Council justifying the rate increase. Mr. Brantley also stated he had observed that Laidlaw had reduced the number of employees on the new lighter trucks from • 2 to 1. Mr. Brantley stated he was under the impression when the recycling program began in Richland Hills that Laidlaw was to return a portion of the proceeds to the City, and inquired «s to whether. the City ever received any proceeds from Laidlaw for the recycling program. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING MAY 23, 1995 PAGE 4 5. SOLID WASTE COLLECTION RATES (cont'd.) Mr. Hughes advised that during the first two years of the contract, the City did receive recycling proceeds and subsequently, the contract was amended and rates were reduced in lieu of the City receiving these proceeds. Mr. Brantley advised he had recently read an article in the Star-Telegram which stated recycling was a competitive revenue producing business. Mr. Brantley stated if Laidlaw could not justify the need and necessity for a rate increase based upon the cost of their overall operations, then an increase should not be approved. Mr. Davis advised that Laidlaw had provided the City Council and City staff with written justification for the rate increase indicating the increase in disposal costs as well as operating costs. • Councilmember Kaastad advised that due to a conflict of interest, she would not be voting on this item. VOTE ON MOTION: The motion carried by a vote of 4 to 0, with Councilmember Kaastad abstaining from the vote. (Ordinance No. 746-95) Mr. Davis advised that the current landfill would be closing on July 15, 1995, and the new landfill was located in Johnson County and was permitted for over a 30-year life span. Mr. Davis further advised that Laidlaw would probably have an open house in the fall and would conduct a tour of the facility. Mayor Pro Tem Wilson inquired as to Laidlaw's obligation to the State to maintain the old landfill. Mr. Davis advised that Laidlaw was required to monitor water quality and emissions for the next 30 years. At the request of Mayor Kelley, Mr. Davis advised that in August or September, Laidlaw would be adding commodities to the recycling program, such as junk mail, cardboard, paper sacks, plastics, phone books, etc. i MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 5 6. CABLE TV PROPOSAL/PUBLIC ACCESS CHANNEL City Manager Hughes advised that this item, and the following item, were to consider an amendment to the cable television franchise in order to provide for a public access channel. This item was tabled at the May 9, 1995 City Council meeting, and was in response to a request submitted by Mr. John Chaffin, Historian of the Richland Hills Christian Church. Councilmember Kaastad advised that due to the current lack of interest and cost involved in providing a public access channel, Mr. John Chaffin had submitted a letter, dated May 16, 1995, advising he no longer was interested in pursuing this matter any further. Therefore, Councilmember Kaastad advised she would like to table Items 6 and 7 indefinitely. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Hamilton, to table Items • 6 and 7 indefinitely. The motion unanimously carried. 7. CABLE TV FRANCHISE AMENDMENT This item was tabled indefinitely under Item 6. 8. FREE DUMPSTER REQUEST City Manager Hughes advised that a request had been submitted by Mr. Robert Hood asking the City to provide a dumpster free of charge for a duplex he recently purhased located at 3528 Matthews. Mayor Pro Tem Wilson pointed out that City staff had recommended denial of the request, and advised he would agree with the recommendation, except that this particular duplex had been the subject of several complaints. Mr. Wilson advised that the cost for a 30-yard dumpster would be $51.35 for delivery, $211.60 for pickup, and $3.50 per day for rental. Mr. Wilson pointed out that, as of May 2, 1995, the Clean City budget had funding available in the amount of $4,347.76. Mr. Wilson advised that Mr. Davis had agreed to • waive the delivery fee in the amount of $51.35 and the rental fee of $3.50 per day. Therefore, the total maximum charge would be $211.60. Mr. Wilson advised that City staff should contact Mr. Hood to determine when the dumpster should be delivered, and provide Mr. Davis at least three days notice prior to the needed delivery date. MINUTES OF THE RICHLAND HILLS CITY COUNCIL . REGULAR MEETING MAY 23, 1995 PAGE 6 8. FREE DUMPSTER REQUEST (cont'd.) MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to approve the request for a dumpster and the cost of $211.60 be funded from the Clean City budget. City Attorney Cribbs suggested placing a time limit on the number of days the dumpster would be provided. Mr. Wilson suggested a time limit of no more than five days, and pointed out that there would not be a daily rental charge. Councilmember Watkins advised he would vote in favor of the motion, however, expressed his concern that approval of this request might establish a precedent for future requests. Mayor Pro Tem Wilson agreed with Mr. Watkins' concern, however, pointed out that he felt confident that the Clean • City Commission was competent to determine on a case-by-case basis whether to approve similar requests in the future. VOTE ON MOTION: The motion unanimously carried. 9. ORDER DECLARING ADOPTION OF CHARTER AMENDMENTS City Manager Hughes advised that an order declaring the adoption of the Charter Amendments approved at the May 6, 1995 election was needed in order to place the amendments into legal effect. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to direct the City Secretary to enter an order in the records of the City declaring the adoption of all amendments to the City Charter approved by the voters at the May 6, 1995 City Election, specifically, all proposed Charter Amendments as reflected on the official ballot except for proposed amendments numbered 2, 3 and 7, and a copy of the official ballot to be attached to this order. The motion unanimously carried. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 7 10. ZONING REGULATIONS AMENDMENT City Manager Hughes advised that this item was for consider- ation of an amendment to the zoning regulations, and apologized for erroneously stating the item on the agenda in error, and pointed out it should have been scheduled for a public hearing. Mr. Hughes recommended the Council table this item, pending scheduling of a public hearing on the proposed amendment for June 13, 1995, and advised that the ordinance would be considered for adoption at the same meeting. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Watkins, to table this item until June 13, 1995 as recommended by the City Manager. The motion unanimously carried. 11. BUILDING AND STANDARDS COMMISSION • City Manager Hughes advised that this item was to consider the creation of a Building and Standards Commission. Mr. Hughes read the caption of the proposed ordinance into the record as follows: "AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING CHAPTER 13 "ADVISORY BOARDS" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, BY ADDING THERETO A NEW SECTION 14, "BUILDING AND STANDARDS COMMISSION", IMPLEMENTING SUBCHAPTER C OF CHAPTER 54 , LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; CREATING A BUILDING AND STANDARDS COMMISSION FOR THE CITY OF RICHLAND HILLS, TEXAS; PROVIDING THAT SAID COMMISSION SHALL HAVE THE QUASI-JUDICIAL JURISDICTION AUTHORIZED BY THE SAID SUBCHAPTER C TO ENFORCE THE HEALTH AND SAFETY ORDINANCES OF THE CITY OF RICHLAND HILLS; PROVIDING PROCEDURES FOR HANDLING CASES AND CONDUCTING HEARINGS; DESIGNATING AN APPROPRIATE OFFICIAL OF THE CITY TO PRESENT CASES BEFORE THE COMMISSION; PROVIDING FOR NOTICE OF COMMISSION PROCEEDINGS; ESTABLISHING THE COMMISSION'S AUTHORITY TO ISSUE ORDERS AND DETERMINE AND IMPOSE CIVIL PENALTIES; PROVIDING FOR JUDICIAL REVIEW; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT THAT THE PENALTY SHALL BE THAT FIXED BY • THE STATE LAW WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF THIS ORDINANCE THAT GOVERNS FIRE SAFETY, ZONING, MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 8 11. BUILDING AND STANDARDS COMMISSION (cont'd.) DUMPING OF REFUSE AS THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS LITTER ABATEMENT ACT, ARTICLE 4477-9A, VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ( $2, 000.00 ) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE." Mr. Dale Jackson, Building/Code Official, explained that this issue had been brought up recently in regard to concerns in relation to substandard structures on Kingsbury, north of Baker Boulevard, and also on Park Lane where an abandoned barn-type structure was located in a flood area. Mr. Jackson advised he was requested to determine what could be done in regard to these types of structures. Mr. Jackson recommended an ordinance be adopted, which was authorized by state law, to set in place a Building and Standards Commission that would be similar to a mini-court within the City which would be • composed of citizens that would hear cases regarding substandard structures and make determinations regarding those structures. The Commission would have the authority to enforce or enter civil penalties against property owners failing to comply with any of the orders given by the Commission. An appeal to the Commission's action would be to a district court, and the individual making the appeal would be responsible for paying all of the City's attorney fees. Mayor Pro Tem Wilson inquired as to what other cities currently have a similar ordinance in effect. Mr. Jackson advised that the City of Coppell was one of the first cities in the state to adopt this type of ordinance. Councilmember Hamilton inquired as to how substandard structures are addressed under current law as opposed to establishing the Commission from the perspective of timeliness of effect and as to the cost to the City. Mr. Jackson advised that the current ordinance provided for only one person being responsible for making decisions regarding substandard structures, and did not provide for an appeal board. Mr. Jackson pointed out that if the proposed ordinance were adopted, he recommended the members have expertise in different areas of construction. • Councilmember Hamilton also inquired as to the provision in Section J of the proposed ordinance relating to the preserva- tion of public safety and how the Commission would interpret that provision. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING MAY 23, 1995 PAGE 9 11. BUILDING AND STANDARDS COMMISSION (cont'd.) City Attorney Cribbs advised that the proposed ordinance provides for specific powers granted by statute to the Commission to attempt to abate nuisances, and technically, aesthetics cannot be considered, but rather the health, welfare and safety of the public must be considered. Mr. Cribbs emphasized the fact that the Commission's action would not be appealable to the Council and could only be appealed to a district court. Councilmember Hamilton inquired as to whether attorney fees could be recovered if an appeal were upheld by the district court. Mr. Jackson advised that the state statute provides that if the court upheld the decision of the Commission, the applicant would be responsible for any legal costs incurred by the City. City Attorney Cribbs advised that it would be to the discretion of the court as to the amount that could be • recovered. Councilmember Kaastad advised she still had some questions regarding the proposed ordinance and needed additional time for review. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to table this item in order to give the Council more time to deliber- ate the proposed ordinance. Councilmember Hamilton suggested an amendment to the motion to provide for a specific date to bring the proposed ordinance back to Council for consideration, and in the meantime provide for a mechanism to address specific questions to Mr. Jackson or other City staff. Councilmember Watkins recommended holding a workshop in this regard. AMENDMENT TO MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to amend the motion to table this item to the July 25, 1995 City Council meeting. The motion • unanimously carried as amended. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 10 12. CITIZEN ISSUES AND COMPLAINTS City Manager Hughes advised that this item was placed on the agenda at the request of Councilmember Wall in order to consider a means of addressing citizen issues and camplaints with City staff. Councilmember Wall advised that a letter was recently received from a citizen detailing a complaint about the City, which was similar to comments made at the recent Town Hall meeting, in regard to not being able to reach the City Manager and phone calls not being returned. Therefore, Ms. Wall advised that in order to avoid this problem, the City Manager be directed to be easily accessible to any citizen or business owner. MOTION: A motion was made by Councilmember Wall, and seconded by Councilmember Kaastad, to direct the City Manager, Steve Hughes, to be easily accessible to any citizen or business owner by telephone by • returning calls within one business day, then following up and answering any correspondence he receives from business owners and/or citizens within two to five working days with a personal letter, not a form letter, preferably with an answer or a solution, but if that is not possible then an acknowledgement that he is researching the issue and another letter be sent every 15 working days stating the status of the problem or issue until that issue is resolved. Councilmember Hamilton suggested the motion be amended to allow the City Manager to delegate some of this responsibil- ity, in order to allow City business to proceed. Councilmember Wall advised she would not consider amending the motion. Councilmember Hamilton stated he felt there was a definite need for an improved method of handling citizen complaints, however, pointed out that if an individual had a problem with a business, they would not automatically go directly to top management normally, they would start with the head of a particular department, and then if the problem was not • resolved, they would move up through the chain of command. Councilmember Watkins also stated he felt the motion should be amended to allow for some flexibility for the City Manager to delegate some of this responsibility if needed. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING MAY 23, 1995 PAGE 11 12. CITIZEN ISSUES AND COMPLAINTS (cont'd.) City Manager Hughes stated that if the Council felt this formal action was necessary, he had no problem with this direction. Councilmember Hamilton recommended receiving feedback reports from the City Manager as to what percentage of his time was spent in this regard, if this direction was approved. Mr. Hamilton stated he agreed with the intent to ensure that all complaints are addressed, however, he was concerned that other City business may be affected. City Manager Hughes advised that during the next month, he would notify the Council of the contacts he may have in this regard, and if other City business was affected, other alternatives could be considered at that time. • Mayor Pro Tem Wilson explained that the Council was not asking Mr. Hughes to take care of each problem himself only to return calls and take the complaints, and then direct the appropriate Department Head to address the complaint. VOTE ON MOTION: The motion unanimously carried. 13. BOARDS AND COMMISSIONS City Manager Hughes advised that this item was placed on the agenda at the request of Councilmember Wall to consider the review o€ all Board and Commission ordinances and procedures that are presently in place. MOTION: A motion was made by Councilmember Wall, and seconded by Councilmember Kaastad, to direct that each council member and board member be given a copy of the most current ordinance and/or procedure that applies to each board; and each board to have on their agenda for June to review and report back to Council, at the next joint workshop with Council and Boards, any change, addition, deletion, preferred number of members, and anything else that • they would like for their board. Staff should have this information with a cover letter mailed to the members by Friday, May 26, 1995, in order for the Chairperson to have time to put this on the June agenda. The motion unanimously carried. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 12 14. COUNCIL SUBCOMMITTEES City Manager Hughes advised that this item was placed on the agenda at the request of Councilmember Kaastad in order to consider reinstating Council/Department Directors' subcommit- tee meetings. Councilmember Kaastad stated that in order to increase Council's understanding of operation and facilitate action as a Council as a whole, and enhance communications between employees, staff and Council, she recommended reinstating the Council subcommittees. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Watkins, to reinstate the Council subcommittees with the changes as follows: Committee 1 - Newsletter, Communications, Public • Relations; Committee 2 - Public Safety includes: a. Fire Department b. Police Department c. Municipal Court d. Code Enforcement Committee 3 - Public Works includes: a. Streets b. Water/Sewer c. Floodway/Drainage Improvements d. Parks Committee 4 - Administrative/General Services includes: a. City Manager representation b. Legislative/City Secretary c. Finance/Accounting/ Office Manager d. Library The beginning subcommittees to be as follows: Committee 1 - Councilmember Kaastad Committee 2 - Councilmember Wilson Committee 3 - Councilmember Wall Committee 4 - Councilmembers Hamilton and Watkins MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING MAY 23, 1995 PAGE 13 14. COUNCIL SUBCOMMITTEES (cont'd.) Each subcommittee will meet for four months, then rotate as follows: Committee 1 to 4 Committee 2 to 1 Committee 3 to 2 Committee 4 to 3 The motion unanimously carried. 15. CITY ATTORNEY City Manager Hughes advised that this item was placed on the agenda at the request of Councilmember Kaastad in order to consider the city attorney's presence at City Council meetings and the hourly rate presently being charged by the City Attorney. Councilmember Kaastad advised that after review and careful evaluation of the City Attorney statements for the past year, and considering that Paul Wieneskie had been the City Attorney for almost eight years and is Board Certified in Government Law, she felt in some areas the City Attorney fees were excessive. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, that the City Attorney not be present at City Council meetings unless requested to be here by at least three voting members of the Council. If a legal issue comes up at a Council meeting, staff will get a legal opinion and report the answer at the next Council meeting. If any three council persons, prior to a meeting notify the City Secretary that the City Attorney's presence is requested at that time, preferably 72 hours prior, the City Secretary is to notify Cribbs and McFarland that an attorney is requested, giving date and time of meeting; and, at the next City Council meeting on June 13, 1995, the Council have an Executive Session to discuss City Attorney's hourly rate in relation to the prior 12 month's statements. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 14 15. CITY ATTORNEY (cont'd.) Councilmember Watkins advised that he had reviewed the attorney's statements for the past several years and had determined that the cost for the City Attorney to attend Council meetings amounted to one-tenth of one percent of the total amount paid to the attorneys, which amounted to approximately $6,000 to $9,000 per year. Mr. Watkins advised he had questioned other City Managers of several area cities whether they had an attorney present at all meetings, and their response was they would not want to have a meeting without an attorney present. Mr. Watkins also questioned the Birdville Independent School District, and even though a member of the School Board is an attorney, they still have another attorney present at all meetings. Mr. Watkins pointed out that he felt the risk was too great not to have an attorney present at Council meetings, and if issues had to be tabled until a legal opinion could be obtained this could delay the City's action; and, he believes it would be ill- advised to approve this action. Mayor Pro Tem Wilson advised he also does not like to conduct business without an attorney, however, he felt Mr. Wieneskie always had to research an issue before providing the Council with an answer, therefore, he felt if a question did arise at a meeting, the City Attorney could be called for a legal opinion prior to the next meeting. Councilmember Hamilton expressed his concern with the motion on the table. Mr. Hamilton pointed out he felt that in order to consider the attorney's hourly rate, the total budget should be evaluated in regard to the amount of legal expense. Mr. Hamilton expressed his feeling that the Council should continue to have legal representation at each meeting, and pointed out there may be times when the Council may not even be aware of certain legal issues that a City Attorney could provide caution to the Council. VOTE ON MOTION: The motion carried by a vote of 3 to 2, with Councilmembers Hamilton and Watkins casting the negative votes. • City Attorney Cribbs pointed out that on a regular basis, members of the Council call the law office and request that they research the law in answer to a question, and inquired as to whether the attorneys should continue to provide that service on a one-to-one basis as had been done in the past. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 15 15. CITY ATTORNEY (cont'd.) Councilmember Kaastad pointed out that this item was only in regard to the City Attorney's presence at meetings, and that other business should continue on as usual. 16. SPENDING RESTRICTIONS City Manager Hughes advised that this item was placed on the agenda at the request of Councilmember Watkins to consider the removal of spending restrictions placed on the City Manager at the May 9, 1995 Council meeting. Councilmember Watkins expressed his understanding that this restriction had caused confusion with City staff, and felt the restriction should be removed or at least clarified. Mr. Watkins suggested possibly restricting only new purchases. At the request of Councilmember Watkins, City Manager Hughes explained the effect the restriction has had on City business, and Mr. Hughes advised that it had changed the process of purchases in that all invoices go directly to him instead of to the Department Directors as they should, and suggested the restriction be clarified to indicate that any new purchases not be made unless determined to be a necessity. Councilmember Watkins explained that the restriction on spending-was based upon an emergency condition due to the recent severe weather and subsequent damages, however, it had been determined that the impact to the City was relatively minimal. MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to entirely remove the restrictions placed on the City Manager. Councilmember Hamilton advised that his understanding was that the restriction was placed on spending as an emergency measure until expenditures in relation to the storm were addressed. A partial report had been provided to the Council which indicated that the cost to the City would be approximately $10,000 to $20,000. In reviewing the current budget, it was • determined that the Police Department had a large surplus, and MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 16 16. SPENDING RESTRICTIONS (cont'd.) other departments had overruns, therefore, there was determined to be an approximate $81, 000 surplus in the current budget, which was four times the highest estimate of the storm damage cost to the City. Mr. Hamilton stated that the concerns on being frugal with the budget, should not hamper City business. VOTE ON MOTION: The motion failed by a vote of 2 to 3, with Councilmembers Kaastad, Wall and Wilson casting the negative votes. MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to restrict spending to no new purchases except necessities. • Councilmember Kaastad advised that the motion made at the last meeting did not restrict expenditures for purchases previously made, and there should be no question that the restriction was placed on any new purchases except for necessities. Councilmember Watkins advised if the City Manager could operate comfortably with the current direction on spending, he would withdraw his motion. The motion was therefore withdrawn. 17. CITY-OWNED HOMES LOCATED ON AIRLINE DRIVE Assistant to the City Manager Jim Quin presented a report on the damages caused by the recent storm on May 5, 1995, and advised there was flooding on Airline Drive. On May 8, 1995, the City was contacted by the residents regarding the flood damage, and Building/Code Official Dale Jackson was sent to the area to lend assistance. Mr. Quin pointed out that the City contacted the City Attorney's office in respect to the City's responsibility as a landlord in this situation, due to the fact that the City had purchased these properties on Airline Drive for the Calloway Branch Flood Control Project. Subsequently, the City Attorney advised it was the City's responsibility to ensure that the homes were safe and • sanitary. Mr. Quin advised there were three options available to the City to attempt to remedy the situation. Mayor Pro Tem Wilson requested a recess, due to the fact that the City Manager and Councilmembers Kaastad and Wall had left the room. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 17 17. CITY-OWNED HOMES LOCATED ON AIRLINE DRIVE (cont'd.) Mayor Kelley recessed the meeting at 9:00 p.m. and reconvened the meeting at 9:10 p.m. Mr. Quin continued to review the options available to the City as follows: Option 1 - Replacement of carpet in both houses for the Thompsons and Montalvos at a cost of $4,055.60. Option 2 - Cleaning and sanitation of both homes, carpet stretching for the Thompsons, and new carpet for the Montalvos at a cost of $3,640. Option 3 - Sharing the cost with the Corps of • Engineers at a 75/25 percent share to provide interim housing and storage for a six-month period at a cost to the City of $4,050. Mr. Quin advised that staff's recommendation was to approve Option 3, due to the fact it would allow the residents to move out of the homes and the City could proceed with the Project, and the City would only have to bear one-fourth of the cost to provide housing to the residents. MOTION: A motion was made by Councilmember Watkins, and seconded by Mayor Pro Tem Wilson, to approve Option 3. The Council discussed with Mr. Quin the fact that if the residents relocated, an environmental assessment of the homes could be conducted and the homes could then be demolished; and, the-fact that the costs associated with each option were estimates, and if relocation was completed sooner than six months, the cost could be lower; and if Option 1 or 2 were chosen and another flood occurred next week, the City would not have solved the problem; however, with the Option 3, there would be no chance of re-occurrence of the same problem. • Mayor Pro Tem Wilson requested the environmental assessment be conducted as soon as possible to avoid any potential public health and safety hazards. VOTE ON MOTION: The motion unanimously carried. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 18 18. REMOVAL OF CONSENT AGENDA ITEMS City Manager Hughes advised that the Council had requested Items B, C, D, E and G be removed from the Consent Agenda for individual consideration. B. Rejection of All Bids Received for the Jonette Street Reconstruction Project; and Authorization of Staff to Rebid the Project and Prepare Other Methods of Recon- struction for Council's Consideration. Mayor Pro Tem Wilson pointed out that the City had budgeted $22,000 for this project, and inquired as to why the engineer's estimate was $9,000. City Engineer Dulaney explained that an engineering consultant performed the $9,998.89 estimate, and the difference in estimates could be attributed to local market conditions and • bidders' interest in the project. City Manager Hughes pointed out that the consulting engineer who prepared the estimate was in the audience, and suggested he explain his estimate to the Council. Mr. Bernie Hietbrink, Consulting Engineer with Huitt-Zollars, explained that the cost estimate was performed based upon the scope of the project, and there was very little interest in bidding the project which could cause the cost to escalate if there was no competition on the bids. Mr. Hietbrink also pointed out the fact that this being a relatively small project with diverse components of several trades, such as water, sewer, excavation, paving, concrete and asphalt, with very small amounts required of each for this project, tends to raise the bid prices as well. Mayor Pro Tem Wilson and Mr. Hietbrink briefly discussed the individual bid item prices, and Mr. Hietbrink stated that most were unreasonably high. Mr. Hietbrink advised that his recommendation was to determine what portions of the work City staff would be capable of performing, and possibly contract out the work City staff could not perform; or put together a larger project with • several similar type projects to make it more attractive to bidders and increase competition. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 19 18. REMOVAL OF CONSENT AGENDA ITEMS (cont'd.) Councilmember Kaastad pointed out that the former City Engineer's estimate was more in line with the bids received, and inquired as to whether Mr. Dulaney had this information. Mr. Dulaney advised he had no additional information except for the $22,000 estimate. Mr. Dulaney further advised that City staff was capable of performing most of the work, however, it would reduce the manpower available for other work. Mayor Pro Tem Wilson stated his concern with the City having the available manpower to perform the work, and also with the difference in the cost estimates. Mr. Wilson stated he would like to table this item until APAC could explain their charges, and possibly schedule a workshop in this regard. • City Attorney Cribbs advised that the Council's only authority would be to either accept or reject the bid, and could not require the bidder to explain their bid. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Kaastad, to accept APAC- Texas bid in the amount of $28,748.25, with funding for the $6,748.25 amount over the budgeted $22,000 for the project to be provided from the excess funding in the chip seal project budget in the amount of $29,920. Councilmember Watkins pointed out that the City Engineer had advised that the bid was excessively high, and therefore, did not understand why the motion was to accept the bid. Mayor Pro Tem Wilson advised he did not understand the $9,000 estimate, and was acting on discussions he previously had with former City Engineer Brandon Wade in relation to his $22,000 estimate, and did not feel this type of work could be done for $9,000. Councilmember Kaastad inquired as to the City Manager's opinion as to performing the work in-house. Mr. Hughes advised he did not recommend the work be done in-house, due to the fact that staffing levels were not sufficient to perform the work in a timely manner. Mr. Hughes recommended the Council award the contract to APAC, and also to direct the City Manager to adjust the budget to fund the additional cost over the budgeted $22,000 from the chip seal line item. MINUTES OF THE RICHLAND HILL5 CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 20 18. REMOVAL OF CONSENT AGENDA ITEMS (cont'd.j Councilmember Watkins pointed out that the City Engineer had advised that the cost could escalate substantially due to unforeseen circumstances. City Manager Hughes pointed out that the Council had previously adopted a resolution granting the City Manager change order authority up to a maximum of $15,000 per change order and cumulative, or 25 percent of the construction cost. Mr. Hughes recommended the Council grant him the authority to adjust the budget up to the change order maximum with the additional cost being funded from the chip seal line item. AMENDMENT TO MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Kaastad, to auth- orize the City Manager to adjust the budget up • to the change order maximum, with the addi- tional. cost aver the budgeted $?_2,000 for the project be funded from the chip seal line item. The motion unanimously carried as amended. C. 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 (Tabled from May a, 1995 Meeting). City Manager Hughes advised that due to the action previously taken to reduce senior citizens rates in the franchise amendment ordinance, Section I, Subsection A-3 of the proposed ordinance should be amended to reflect the senior citizen curbside rate in the amount of $7.60 per month. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to adopt the ordinance with an amendment to reflect the senior citizen curbside rate in the amount of of $7.60 per month. The motion carried by a vote of 4 to 1, • with Councilmember Kaastad abstaining from the vote. (Urdinarce No. 747-•95) MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 21 18. REMOVAL OF CONSENT AGENDA ITEMS (cont'd.) D. Approval of Selection of Teague, Nall, and Perkins to Serve as Consulting Engineers for the Tarrant County 21st Year CDBG (Community Development Block Grant) Program, Richland Hills Project. City Manager Hughes advised that Tarrant County had requested that the engineers be selected for the 21st Year CDBG Program, and City staff's recommendation was to select Teague, Nall and Perkins for this project. At the request of Councilmember Kaastad, City Engineer Dulaney briefly explained that the CDBG Program involves county and federal funds dedicated to the City and deemed to be for low to moderate income areas with projects being recommended by the City and approved by the County. • MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to select the engineering firm of Teague, Nall and Associates for the 21st Year CDBG Program. The motion unanimously carried. E. Appointment of Mr. Basil St. Clair as Associate Judge of the Richland Hills Municipal Court of Record, as Recommended by Judge Charles Thorn and Municipal Court Clerk Carol Moore. City Manager Hughes advised that this item was placed on the agenda at the request of Municipal Court Judge Charles Thorn and Municipal Court Clerk Carol Moore. Councilmember Wall inquired as to why the City needed an associate judge. Mr. Hughes advised there needed to be someone available to handle the court in the judges absence. MOTION: A motion was made by Councilmember Wall, and seconded by Councilmember Kaastad, to table this item and consider it during the budget process. The motion unanimously carried. Councilmember Kaastad requested a resume for Mr. St. Clair be provided to the Council. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 22 18. REMOVAL OF CONSENT AGENDA ITEMS (cont'd.) Councilmember Hamilton inquired as to what had been done in the past when Judge Thorn was not available for court. Mr. Hughes advised it was his understanding that he had an informal arrangement with judges of area municipalities, however, an associate judge should be considered for appointment by the Council. Mr. Hamilton requested clarification that the total budget for the judges salary would not increase. Mr. Hughes advised that the various components of the judges salary needed to be considered, and pointed out that the proposed payment for an associate judge needed to be provided as well as a resume. VOTE ON MOTION: The motion unanimously carried. i G. Approval of a Revised Agreement with Kent and Neil Patterson to Provide Water Utility Service to Lot 7, Block K, Richland Hills, Site of Permanent Records. City Manager Hughes advised that this item was to consider a revised agreement with Kent and Neil Patterson to provide water utility service to Lot 7, Block K, the site of Permanent Records. Mr. Hughes advised that the Council had previously approved an agreement that required the Pattersons to pay 100 percent of the cost to construct a 10-inch water main to their newly constructed building on Baker Boulevard. At the time the agreement was approved, the Pattersons escrowed $20,000 with the City, and the agreement provided that should the cost exceed the $20,000, the Pattersons were required to pay the total cost. Mr. Hughes advised that the total cost of the project was $21,250.35, and subsequently, the Pattersons were notified of the balance remaining of $1,250.35. At that time, the Pattersons proposed a revision to the agreement which would require a property owner to pay a pro-rata share of the cost of the line when obtaining a permit to connect to the water line, and in turn require the City to refund the pro- rata share to the Pattersons upon receipt by the City. City Attorney Cribbs inquired as to whether the potential • revenue to the City for pro-rata share payments from future property owners to connect to the line would be more than the $1,250.35 remaining balance to be paid to the City in return for a refunding contract. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 23 18. REMOVAL OF CONSENT AGENDA ITEMS (cont'd.) City Manager Hughes advised he did not see a significant impact either way. Mayor Pro Tem Wilson pointed out there had been a similar situation with the Cowans in regard to a sewer main, and it was agreed that the Cowans would be reimbursed for connections to the sewer main, and there was a question as to whether the Pattersons had tapped onto that sewer main, and whether the Pattersons owe the Cowans approximately $6,000 to $8,000 pro- rata share for connecting to the sewer main. Mr. Hughes stated it was his understanding that a different sewer main was tapped, and advised he would verify that information, and if an additional payment was due from the Pattersons to be paid to the Cowans, that would be done in accordance with the agreement. • MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to reject Mr. Patterson's request for a pro-rata share cost of the project, until Mr. Hughes has had time to verify the Cowans' sewer main situation. The motion unanimously carried. 19. CONSENT AGENDA City Manager Hughes reviewed the remaining items on the Consent Agenda as follows: A. Approval of the Minutes of the May 9, 1995 Regular City Council Meeting, as Amended; and, F. Approval of the List of Streets to be Included in the Interlocal Agreement with Tarrant County for the 1995 Street Chip Seal Program. City Manager Hughes recommended the agreement be approved, however, due to the previous action taken to fund the cost over the budgeted amount from the chip seal line item for the Jonette Street Repair Project. Mr. Hughes inquired as to • whether the Council desired to go forward with the Chip Seal Project at this time. In response to a question from Councilmember Kaastad in regard to funding for the project, City Manager Hughes requested Mr. Dulaney explain the estimated cost for the project. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 24 19. CONSENT AGENDA (cont'd.) Mr. Dulaney advised that the estimated cost for the list of proposed streets for the 1995 Chip Seal Program was in the amount of $20,000, and pointed out that an additional list of streets had been provided for the Council's consideration due to the fact that remaining funds budgeted for this project totalled $49,920. Councilmember Kaastad inquired as to the difference in cost for the initial list of approximately 20 streets at a cost of $20,000, and the additional list of six streets at a cost of $30,000. Mr. Dulaney explained that the additional list of six streets were longer streets, and the initial list of 20 streets were shorter sections of streets, which accounted for the difference in cost. • Mayor Pro Tem Wilson inquired as to whether the list of streets had been prioritized. Mr. Dulaney advised that the initial list had been prioritized, however, the additional list of streets had not been prioritized as they all needed to be done. MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Kaastad, to approve Consent Agenda Items A and F, and approve the original list of streets for the Chip Seal Program, and hold off on the additional streets for the time being. The motion unanimously carried. Mr. Watkins stated he felt the Chip Seal Program was very important, and did not want to abandon the additional list of streets, but only postpone it for the time being. 20. REPORTS AND COMMENTS ?Nelda Stroder, 2840 Kingsbury, Richland Hills, spoke before the Council regarding the previous item relating to the City Attorney's presence at Council meetings, and stated she felt the City was being put at risk by not having an attorney • present at Council meetings. Ms. Stroder also suggested, in connection with the attorney fees, that the statements be reviewed to determined the costs associated with Council- members' direct calls to the City Attorney's office; MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 25 20. REPORTS AND COMMENTS (cont'd.) and, specifically, in relation to attorney's fees incurred after the Council voted not to approve a donation to Project Celebration, and stated she would like to know how much money was spent on attorney's fees in this regard. Mayor Pro Tem Wilson advised that the attorney's fees in relation to the Project Celebration issue were higher than the requested $500 donation, and stated that he felt the attorney's fees were excessive. ?Truman Harrell, 6509 Marcille Court, Richland Hills, spoke to the Council regarding the Chip Seal Program, and inquired as to what the difference in cost would be for washed gravel as opposed to unwashed gravel, due to the fact that washed gravel adheres better. • City Manager Hughes advised that washed gravel was used in last year's project, and pointed out that coated gravel would be preferred, however, the County's equipment could not handle the coated gravel. ?Byrtie Adams, 3617 Chaffin, Richland Hills, spoke to the Council in regard to the City Attorney's presence at Council meetings, and advised she had been informed by the Texas Municipal League that the attorney did not have to be present at Council meetings. ?Loyce Greer, 7436 Evelyn, Richland Hills, spoke to the Council in regard to the Chip Seal Program and stated she hoped to see improvements with the next chip seal project. ?Keith Bertelsen, 2600 Rosebud, Richland Hills, spoke to the Council in regard to his request for a building permit and the delays associated with his request, and stated he felt City staff should be held accountable. ?Jean Spieker, 3401 Jonette, Richland Hills, spoke to the Council in regard to the street damage on Jonette Drive, and pointed out that it had been determined in municipal court that the phone company was negligent in allowing water to leak under the street, and inquired as to whether the City had any recourse to require the phone company to pay for part of the cost for repairs. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING MAY 23, 1995 PAGE 26 20. REPORTS AND COMMENTS (cont'd.j ?Police Chief Childress reported that the D.A.R.E. Graduation ceremony was held today, with 115 fifth grade students graduating from the program two classes from Richland Elementary and three classes from Glenview Elementary. Chief Childress also reported on plans to provide summer activities for the youth in the community, and advised that Sergeant Humphries was working in conjunction with Richland Elementary School on this project. Sergeant Humphries explained that the project would provide activities, such as basketball, softball and football games and tournaments, weight lifting, etc., and encouraged anyone interested to volunteer their assistance with the program. Police Chief Childress also advised there would be other • summer activities planned for the youth, such as a bike rodeo and a play day, and further details would be provided as they become available. 21. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 10:20 p.m. APPROVED: C. F. KE EY MAYOR ATTEST: ~ . TERRI WILL"IS, CITY SECRETARY