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HomeMy Public PortalAboutCity Council Minutes 07-25-1995 MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING ~7ULY 25, 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. CouncilmembeYS Present: Pat Watkins, Reta P. Kaastad, Horace Hamilton, Larry Wilson, and LaRue Wall. City Staff Present: Assistant to the City Manager James Quin, City Secretary Terri Willis and City Attorney Paul Wieneskie. 2. INVOCATION AND PLEDGES OF ALLEGIANCE The invocation was given by Reverend David Rattan, Richland Hills Baptist Church. Mayor Pro Tem Wilson led the Pledge of Allegiance to the • United States and Texas flags. 3. COUNCIL-APPOINTED BOARDS Councilmember Watkins made the following appointments to Place 1: Alice Osterhout - Place lA, Clean City Commission Phylis Denton - Place 1B, Clean City Commission Mayor Kelley advised there being no objection, the individuals were duly appointed. 4. PRESENTATIONS/RECOGNITIONS A. Ten-Year Service Award to Firefighter/Paramedic Robert O'Chocki. Mr. Robert O'Chocki, Firefighter/Paramedic, was not present to receive his service pin award for his ten years of service to the City. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 2 4. PRESENTATIONS/RECOGNITIONS (cont'd.) B. Recognition of Employee of the Third Quarter. Mayor Kelley recognized Police Officer Shayne Price as the Employee of the Third Quarter of 1995 and presented him with a plaque. C. Proclamation Declaring August 1, 1995 as "National Night Out." At the request of Mayor Kelley, City Attorney Wieneskie read the proclamation declaring August 1, 1995 as "National Night Out." D. Recognition of the Dynamo Corporation for the Community Pride Award. • Ms. Nelda Stroder, Chair of the Clean City Commission, presented the July 1995 "Community Pride Award" to Mr. William Rickett, President of the Dynamo Corporation. 5. APPROVAL OF PLAYGROUND E UIPMENT SPECIFICATIONS Assistant to the City Manager James Quin advised that this item was for consideration of the approval of the Kate Baker Park playground equipment specifications and the authorization of staff to seek competitive sealed bids. Mr. Quin pointed out that at the June 27, 1995 Council meeting, the Council conceptually approved the specifications for the playground equipment for the Kate Baker Park improvements. MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Kaastad, to approve the playground equipment specifications and authorize staff to seek competitive sealed bids. The motion unanimously carried. 6. APPROVAL OF AN ORDINANCE ADOPTING THE 1994 UNIFORM MECHANICAL CODE • Assistant to the City Manager James Quin advised that this item was for consideration of adopting an ordinance amending MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 3 6. APPROVAL OF AN ORDINANCE ADOPTING THE 1994 UNIFORM MECHANICAL CODE (cont'd L Section 15 "Mechanical Code" of Chapter 3 "Building Regulations" of the Code of Ordinances in its entirety and to adopt the 1994 Edition of the Uniform Mechanical Code. Building Official Dale Jackson explained that every three years the building, mechanical and electrical codes are updated by the major model code groups. Mr. Jackson further explained that the North Central Texas Council of Governments had recommended all area cities adopt the new codes so that there would be consistency between the cities in code requirements. Mr. Jackson stated that he was trying to update the current codes to include the newest construction techniques and requirements and also to be consistent with area cities. • Councilmember Hamilton inquired as to any exclusions for owner repairs or owner installations, and requested an explanation of the intent of the proposed ordinance. Mr. Jackson stated the intent of the code itself was to verify compliance with standard safety and installation requirements, regardless of who performs the installation. There are certain exclusions regarding licensing requirements for plumbing under state law. A resident would not be required to have a license to perform plumbing or electrical work, however, would be required to obtain permits and to comply with codes. The proposed ordinance caption reads as follows: "AN ORDINANCE AMENDING SECTION 15 "MECHANICAL CODE" OF CHAPTER 3 "BUILDING REGULATIONS" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, IN ITS ENTIRETY, TO ADOPT THE 1994 EDITION OF THE UNIFORM MECHANICAL CODE; ADOPTING PERMIT FEES, INSPECTION FEES AND REGISTRATION FEES; PROVIDING FOR 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 STATE LAW WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE AND EXCEPT THAT FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY • PROVISION GOVERNING FIRE SAFETY, ZONING OR PUBLIC HEALTH AND SANITATION, INCLUDING THE DUMPING OF REFUSE AS THAT TERM IS MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 4 6. APPROVAL OF AN ORDINANCE ADOPTING THE 1994 UNIFORM MECHANICAL CODE (cont'd ) 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; APPOINTING A BOARD OF APPEALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE." MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Hamilton, to approve the ordinance adopting the 1994 Uniform Mechanical Code. The motion unanimously carried. (Ordinance No. 750-95) 7. APPROVAL OF AN ORDINANCE ADOPTING THE 1994 UNIFORM BUILDING • CODE Assistant to the City Manager James Quin advised that this item was for consideration of adopting an ordinance amending Section 1 "Building Code" and repealing in its entirety Section 6 "Fences Required for Swimming Pools" of Chapter 3 "Building Regulations" of the Code of Ordinances, and to adopt the 1994 Edition of the Uniform Building Code. Mr. Jackson pointed out that in recent months, the issue of requiring permits for roofing repairs had been raised due to the recent storm damage, and advised that permits for. roofing repairs were not required by other cities, unless the roof decking itself was replaced. Mr. Jackson pointed out that the proposed ordinance would delete the requirement for roofing repair permits and fees. Mr. Jackson explained additional provisions of the proposed ordinance. The proposed ordinance caption reads as follows: "AN ORDINANCE AMENDING SECTION 1 "BUILDING CODE" AND REPEALING IN ITS ENTIRETY SECTION b "FENCES REQUIRED FOR SWIMMING POOLS" OF CHAPTER 3 "BUILDING REGULATIONS" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, TO ADOPT THE 1994 EDITION OF THE UNIFORM BUILDING CODE; ADOPTING PERMIT FEES AND INSPECTION • FEES; PROVIDING FOR 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 MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 5 7. APPROVAL OF AN ORDINANCE ADOPTING THE 1994 UNIFORM BUILDING CODE (cont'd 1 STATE LAW WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE AND EXCEPT THAT FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION GOVERNING FIRE SAFETY, ZONING OR PUBLIC HEALTH AND SANITATION, INCLUDING THE 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; APPOINTING A BOARD OF APPEALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE." MOTION: A motion was made by Councilmember Hamilton, and seconded by Councilmember Watkins, to approve the ordinance adopting the 1994 Uniform Building Code. • The motion unanimously carried. (Ordinance No. 751-95) 8. ROOFING REPAIR PERMIT FEE REIMBURSEMENT Assistant to the City Manager James Quin advised that this item was placed on the agenda at the request of Mayor Pro Tem Wilson, in order to consider reimbursing residents for permit fees paid to the City for roofing repairs needed as a result of the severe storm in May of this year. Mayor Pro Tem Wilson stated he had received several calls in this regard, and inquired as to the total amount of fees paid to the City for roofing repair permits due to the recent storm damage. Building Official Dale Jackson advised there were approximately 38 permits issued, which totalled approximately $2,300. Mayor Pro Tem Wilson stated that he felt that those individuals with a receipt for fees paid for a roofing repair permit should receive a refund. • MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to refund permit fees for roof repairs made since May 5, 1995. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 6 8. ROOFING REPAIR PERMIT FEE REIMBURSEMENT (cont'd.) The following comments were made from the audience: Mr. Jim Ford pointed out that if a roofing company had paid for the permit, this cost was part of the cost to the homeowner for their roof repair, and more than likely, the roofing company would not reimburse the homeowner if the roofing company received a refund from the City. Ms. Martha Strain, 3604 Labadie, Richland Hills, pointed out that approximately 99 percent of the roofing repairs were probably insurance claims, and inquired as to whether the insurance companies would also be reimbursed. Mayor Pro Tem Wilson stated that he felt that since the previous item amended the City Code to not require permits or fees for roofing repairs, he felt it was only fair to • reimburse the citizens for permit fees paid for roof repairs. Mayor Kelley briefly discussed the Council's intent with Mr. Jackson, and Mr. Jackson advised he did not see a problem with refunding the citizens' permit fees. Mr. Quinley, 3508 Scranton Drive, Richland Hills, pointed out that individuals with insurance would only have to pay their deductible, and it would not matter what the total cost was for repairs. Mayor Kelley advised that Mr. Jackson understood the Council's intent. VOTE ON MOTION: The motion unanimously carried. 9. ORDINANCE AMENDING ZONING REGULATIONS Assistant to the City Manager James Quin advised that this item was for consideration of adopting an ordinance amending Footnote E of Section 16, Chapter 12 of the City Code, as amended to provide exceptions to the minimum masonry requirements upon land zoned residential within the City. At • the June 13, 1995 City Council meeting, the Council referred this item back to the Planning and Zoning Commission for further review. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 7 9. ORDINANCE AMENDING ZONING REGULATIONS (cont'd.) Building Official Dale Jackson explained that it was his understanding that the main concern regarding the current ordinance was the need for some type of bonafide architectural design. He further explained that the addition of Section E- 1D provided that the design of the structure must be compatible with surrounding developed properties and must be a bonafide architectural design that does not utilize brick or stone, i.e., Gingerbread, Victorian and English Tudor styles. The proposed ordinance caption reads as follows: "AN ORDINANCE AMENDING FOOTNOTE "E" OF SECTION 16 "SCHEDULE" OF DISTRICT REGULATIONS" OF CHAPTER 12 "ZONING" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, AS AMENDED, TO CLARIFY AND PROVIDE EXCEPTIONS TO THE MINIMUM MASONRY REQUIREMENTS FOR BUILDINGS UPON LAND ZONED "RESIDENTIAL" • WITHIN THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE." MOTION: A motion was made by Councilmember Wall, and seconded by Councilmember Watkins, to adopt the ordinance amending the zoning regulations. The motion unanimously carried. (Ordinance No. 752-95) 10. ACTION REGARDING CITIZEN REQUESTS Assistant to the City Manager James Quin advised that this item was for consideration of action regarding separate requests made by Mr. Clarence Connell and Mr. Jim Ford at the June 27, 1995 City Council meeting. This item was placed on the agenda at the request of Mayor Pro Tem Wilson. 1. Request by Mr. Clarence Connell, 2647 Mimosa Park, Regarding the Parks and Beautification Fund Donation on the Water Bill. At the last City Council meeting, Mr. Connell requested the $1.00 voluntary contribution on his monthly statement for water consumption be removed. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 8 10. ACTION REGARDING CITIZEN REQUESTS (cont'd.) Mayor Pro Tem Wilson advised that he felt the Council needed to comply with the City Code which states that a voluntary contribution will be added to the monthly statement for water consumption as an optional payment. Mayor Pro Tem Wilson emphasized the fact that this was a voluntary donation and anyone could deduct this amount from their bill at the time of payment. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to comply with the ordinance which provides that a voluntary contribution will be added to the monthly statement for water consumption as an optional payment. The motion unanimously carried. 2. Request by Mr. Jim Ford, Midway Business Park, Regarding • the Impact Fee Charged to His Commercial Property for the Installation of an Irrigation Sprinkler. Mayor Pro Tem Wilson advised that Mr. Ford had requested the Council to consider allowances for sewage volume charges for water which is used only for landscape irrigation purposes. Building Official Dale Jackson advised that City Code currently requires commercial and industrial customers to pay sewage costs for all water that flows through the meter. Mr. Jackson had provided to the Council a copy of a proposed ordinance that would amend the current City Code to provide that sewage monthly volume charges shall not be assessed for industrial and commercial customers for water which is separately metered and is used only for landscape irrigation purposes. Mr. Jackson pointed out that further research needed to be conducted by staff to determine whether or not the City of Fort Worth would require an impact fee for a separate meter, and if so, this charge would be have to be passed on to the customer. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Kaastad, to adopt the ordinance with a provision that if the City of Fort Worth charges an impact fee, the fee will be passed • on to the customer. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 9 10. ACTION REGARDING CITIZEN REQUESTS (cont'd.) Mr. Jim Ford, Leonard Properties, 7457 Airport Freeway, Richland Hills, explained to the Council that his request was for the Council to consider allowing for the monthly sewer charge to be determined by averaging the cost for water usage during the months of January, February and March, when the sprinkler system would not be operated. Mr. Ford explained that his understanding was that there would be an impact fee charged for a separate meter, which would be very expensive, and therefore had decided not to install a separate meter. After further discussion regarding installing a separate meter or a deduct meter, Mr. Jackson advised he would verify with the City of Fort Worth whether or not an impact fee would be charged for a separate meter that would be used only for accounting purposes. • Councilmember Hamilton inquired as to whether the Council could instruct Mr. Jackson to verify with the City of Fort Worth that there would be no obligation or expense to the City of Richland Hills if this were administratively possible, and if the City of Fort Worth were agreeable, could the Council authorize Mr. Jackson to proceed. Otherwise, if there would be an obligation or expense to the City, the issue should be deferred to a subsequent City Council meeting. AMENDMENT TO MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Kaastad, to authorize city staff to verify with the City of Fort Worth whether an impact fee would be required for an additional meter, and if so, authorize the use of a deduct meter for the sprinkler system; however, if additional fees would be imposed upon the City, this item should be placed on a subsequent agenda for Council consideration. The motion unanimously carried. 11. AWARD OF CONTRACT FOR JANITORIAL SERVICES • Assistant to the City Manager James Quin advised that this item was for consideration of awarding a contract for janitorial services to R & J Enterprises in the amount of $19,200. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 10 11. AWARD OF CONTRACT FOR JANITORIAL SERVICES (cont'd.} MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to award the contract for janitorial services to R & J Enterprises in the amount of $19,200, effective August 1, 1995. The motion unanimously carried. 12. AWARD OF CONTRACT FOR STREET SWEEPING SERVICES Assistant to the City Manager James Quin advised that this item was for consideration of awarding a contract for quarterly street sweeping services to Browning-Ferris, Inc. (BFI} in the amount of $10,059.60. City Engineer Randy Dulaney reviewed the bids and recommended the contract be awarded to BFI in the amount of $10, 059.60 for • street•sweeping services. MOTION. A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to table this item. The motion unanimously carried. 13. APPROVAL OF SPECIFICATIONS FOR CURB AND GUTTER PROGRAM Assistant to the City Manager James Quin advised that this item was for consideration of approving the specifications for curb and gutter replacement at Richland Middle School to be funded by the Birdville Independent School District. Assistant to the City Manager James Quin advised that due to the fact that the cost would not exceed $5,000, no Council action was necessary on this item. 14. MEDIAN BEAUTIFICATION AGREEMENT WITH THE STATE OF TEXAS Assistant to the City Manager James Quin advised that this item was for consideration of approving an interlocal agreement with the State of Texas for the Baker Boulevard Median Beautification Project. • MOTION: A motion was made by Councilmember Wall, and seconded by Councilmember Watkins, to approve the interlocal agreement with the State of Texas for the Baker Boulevard Median Beautification Project. The motion unanimously carried. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 11 14. MEDIAN BEAUTIFICATION AGREEMENT WITH THE STATE OF TEXAS (cont'd.) Mayor Kelley expressed his appreciation to the members of the Parks and Beautification Advisory Board for their efforts on this project. 15. MOSQUITO CONTROL PROGRAM Assistant to the City Manager James Quin advised that this item was for consideration of re-establishing the City's Mosquito Control Program and directing the City Manager to adjust the budget to fund the program in the amount of $2, 500. MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to approve the Mosquito Control Program as presented. • Mayor Kelley inquired as to what the cost would be for this program if it were contracted out. City Engineer Randy Dulaney explained that this option was not considered, due to the fact that the City has the necessary equipment and licensed personnel to administer the program. VOTE ON MOTION: The motion unanimously carried. 16. CONSIDERATION OF CLASSIFICATION AND COMPENSATION PLAN REVISIONS Assistant to ttie City Manager James Quin advised that this item was for consideration of amending the Classification and Compensation Plan to become effective October 1, 1995, as a result of Fiscal Year 1995--96 City Council Budget Workshops. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to approve the following revisions to the Classification and Compensation Plan: Upgrade the Parks Lead Worker to Foreman Upgrade Administrative Secretary to Administrative • Assistant Create a Public Works Director Position at a Higher Classification Reclassify Public Services Director to Public Works Superintendent MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 12 16. CONSIDERATION OF CLASSIFICATION AND COMPENSATION PLAN REVISIONS (cont'd.) Eliminate Assistant to the City Manager Eliminate Assistant to the City Secretary Eliminate City Engineer Authorize a Part-Time Deputy Court Clerk Position (30 hours per week). DEMAND TO DIVIDE QUESTION: Councilmember Watkins demanded a division of the question in order to consider each item individually. Mayor Kelley ruled the motion was dividable. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to upgrade the • Parks Lead Worker to Foreman. The motion unanimously carried. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to upgrade Administrative Secretary to Administrative Assistant. The motion unanimously carried. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to create a Public Works Director position at a higher classification. The motion unanimously carried. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to reclassify the Public Services Director to Public Works Superintendent. The motion unanimously carried. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to eliminate the position of Assistant to the City Manager. The motion unanimously carried. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to eliminate the • Assistant to the City Secretary. Councilmember Watkins expressed his opposition to this change, as he felt eliminating this position would unnecessarily limit the capabilities of the staff to perform, and felt that the position was needed and well worth funding. MINUTES OF THE RICHLAND HILLS CITY COUNCIL . REGULAR MEETING JULY 25, 1995 PAGE 13 16. CONSIDERATION OF CLASSIFICATION AND COMPENSATION PLAN REVISIONS (cont'd.) Councilmember Hamilton pointed out that in previous Council meetings, there had been criticism aimed toward the City Secretary regarding the timeliness in completion of her duties, and felt that eliminating the Assistant to the City Secretary would be extremely counter-productive. Mayor Pro Tem Wilson explained that the only criticism aimed toward the City Secretary was the timeliness of producing the minutes of Council meetings, and felt that since the minutes were not being produced in a timely manner with an assistant, it was his opinion, there was no need for an assistant. VOTE ON MOTION: The motion carried by a vote of 3 to 2, with Councilmembers Hamilton and Watkins casting the • negative votes. MOTION. A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to eliminate the position of City Engineer. Councilmember Hamilton pointed out that according to the budget material which was provided to the Council for three fiscal years, 1990-91, 1991-92 and 1992-93, the City averaged $90,473 in consultant fees paid to outside engineers. Mr. Hamilton further pointed out that the two years after the City hired an engineer, the combined amount of all money paid out to consulting engineers and the salary for the in-house engineer totalled $65,974, a savings of approximately $25,000 per year. Mr. Hamilton explained that he understood there were other items to consider in this comparison, such as the size and type of the projects, however, he felt this position would pay for itself in many ways. Councilmember Watkins pointed out a specific instance when the City Engineer was successful in negotiating with the engineers on a bid amount for the Handley-Ederville utility relocations from a total amount of $423,000 down to $325,000. Mr. Watkins emphasized his feeling that the City needed their own City Engineer considering the projects the City has planned for the • future. VOTE ON MOTION: The motion carried by a vote of 3 to 2, with Councilmembers Watkins and Hamilton casting the negative votes. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 14 16. CONSIDERATION OF CLASSIFICATION AND COMPENSATION PLAN REVISIONS (cont'd ) MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Watkins, to authorize a part-time Deputy Court Clerk position at 30 hours per week. Councilmember Hamilton expressed his opinion that this position warranted a full-time employee, and recommended that in the recruitment process, eligible candidates should indicate a willingness to be upgraded to full-time. Assistant to the City Manager James Quin advised that the Council would have to authorize the full-time position, however, the recruitment process could be handled in this manner. • VOTE ON MOTION: The motion unanimously carried. 17. CONSIDERATION OF AMENDING THE GENERAL~ENTERPRISE FUND ALLOCATION BUDGET POLICY Assistant to the City Manager James Quin advised that this item was for consideration of amending the current budget policy which allocates a 30/70 share of administration and city secretary/legislative expenses in the general and enterprise funds, and changing the utility billing cycle to a split month to be billed on the 1st and 15th of each month. Mr. Quin further advised that this item also included consideration of not funding advisory boards and other related budget policy items. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to change the allocation between the General and Enterprise Funds from a 30/70 to a 50/50 share; and, to change the utility billing cycle to the 1st and 15th of the month. Mr. Quin explained that, currently, the City bills for • utilities at the end of each month which causes a heavy workload on employees to read the meters and also to prepare and mail the bills to all utility customers by the end of each month. The effect of splitting the billing into two cycles will level out the work flow and enable staff to perform multiple tasks. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 15 17. CONSIDERATION OF AMENDING THE GENERAL~ENTERPRISE FUND ALLOCATION BUDGET POLICY (cont'd.) VOTE ON MOTION: The motion unanimously carried. Mr. Quin pointed out that this item was to also include consideration of other related budget policy items discussed during the budget workshops. Mr. Quin advised that the Council had discussed eliminating the funding for the Economic Development Advisory Board and the Clean City Commission, and to establish a Council discretionary fund to be used in funding board projects approved by the Council. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to approve a Council Discretionary Fund in the 1995-96 budget to be determined exclusively by the Council, and to not include funding in the budget for the Economic • Development Advisory Board and the Clean City Commission. Councilmember Watkins expressed his feeling that it was unfair and unreasonable to not fund the Economic Development Advisory Board and the Clean City Commission, and stated that the boards have done an excellent job for the City and felt it was money well spent. Councilmember Kaastad pointed out that, during the budget workshops, the Council had discussed whether or not to eliminate certain positions. Ms. Kaastad stated that it was pointed out in the 1995-96 budget workshop that the total fund balance in the General Fund was $982 and the Council had $340,000 worth of options to consider for funding the Enterprise Fund had a total fund balance in the amount of $216,000 with $686,000 worth of options to consider. Ms. Kaastad explained that the Council had to make some difficult decisions during the budget process and wished all budget requests could be funded, however, choices had to be made as to what could be funded with the available funds. Councilmember Watkins pointed out that the elimination of funding for the Economic Development Advisory Board and the Clean City Commission was never discussed during the • workshops. Ms. Kaastad pointed out that the information was included in the budget workshop handouts. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 16 17. CONSIDERATION OF AMENDING THE GENERAL~ENTERPRISE FUND ALLOCATION BUDGET POLICY (cont'd.) Councilmember Hamilton concurred that there was no discussion during the workshops regarding the elimination of funding for the two boards, and that the information was contained in correspondence dated July 21, 1995 which was provided to the Council at the July 22, 1995 budget workshop. Mr. Hamilton agreed that the Council was faced with difficult decisions during the budget process, and pointed out that it was not uncommon for City's to be unable to fund all budget requests. In addition, Mr. Hamilton pointed out that the Clean City Commission presents plaques to individuals or businesses on a regular basis in recognition of their contribution to the beautification of the community, and without any funding, this could not continue. Mr. Hamilton emphasized that with the Council Discretionary Fund, the boards could come before the Council to request funding for projects and encouraged their • continued participation. Mayor Pro Tem Wilson pointed out that the City had provided the Clean City Commission with an office, a computer and utilities, which comply with the Keep America Beautiful guidelines. Mr. Wilson also stated that the advisory boards were composed of volunteers, and felt that if they were "worth their salt", they were capable of handling their responsibilities, and therefore, felt the City did not need to fund the boards. Councilmember Watkins inquired as to the amount to be funded in the Council Discretionary Fund, and Mayor Kelley advised that would be determined during the budget process. VOTE ON MOTION: The motion carried by a vote of 3 to 2, with Councilmembers Hamilton and Watkins casting the negative votes. 18. MID-YEAR BUDGET REVIEW ACTION Assistant to the City Manager Quin advised that this item was for consideration of action regarding the mid-year budget review, specifically, police reductions totalling $10,900 and • one court clerk reduction totalling $5,000. Mr. Quin advised that, at the June 27, 1995 Council meeting, the City Council tabled action on these two specific items. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 17 18. MID-YEAR BUDGET REVIEW ACTION (cont'd.) In response to a question from Councilmember Watkins, Mr. Quin explained that the part-time position of Deputy Court Clerk would be effective October 1, 1995. However, this item would enable the part-time Deputy Court Clerk to be hired this fiscal year. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to approve the following 1994-95 budget adjustments: Police Amount 52240 (Bldg. Cleaning Supplies) $ 400 52340 (Other Supplies) 200 56021 (Furnishings) 7,000 56010 (Building Improvements) 3,300 • for a total of $10,900 to be placed in the general line item entitled Drainage Utility; and direct the City Manager to begin the process to hire a part- time (30-hour per week) Deputy Court Clerk. Councilmember Hamilton explained that the effect of the proposed action on this item would transfer the funds budgeted for Police Department furnishings to a new line item for drainage utility projects. Mr. Hamilton stated he was strongly in favor of funding drainage improvements, however, he also felt that the Police Department needed new furniture. Mr. Hamilton pointed out that the couch in the lobby was in very bad condition, and also noted that the meeting room needed chairs, and many employees had personally furnished their own work areas. Mr. Hamilton further pointed out that the $7,000 would be better spent for the Police Department furniture as it would improve the appearance of the new Police Station and also improve employee moral, and $7,000 would not accomplish much for a drainage project. Councilmember Watkins agreed with Mr. Hamilton, and demanded a division of the question. DEMAND TO DIVIDE QUESTION: Councilmember Watkins demanded a division • of the question in order to separately consider the item concerning furnishings in the amount of $7,000 budgeted in Account 56021. MINUTES OF THE RICHLAND RILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 18 18. MID-YEAR BUDGET REVIEW ACTION (cont'd.) Mayor Kelley ruled the motion was dividable. Councilmember Wall pointed out that she and Councilmember Kaastad had noticed there was furniture stored in an area of the old police station, and inquired as to why it was not being used. Councilmember Kaastad clarified the Council would be voting on the original motion with the item concerning furnishings in the amount of $7,000 budgeted in Account 56021 being removed for individual consideration. VOTE ON MOTION: The motion unanimously carried. MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to not delete • Account 56021 (furnishings) from the 1994-95 budget. The motion failed by a vote of 2 to 3, with Councilmembers Kaastad, Wall and Wilson casting the negative votes. Mayor Kelley recessed the Regular Meeting of the Richland Hills City Council at 9:20 p.m. At 9:25 p.m., Mayor Kelley reconvened the meeting. 19. HANDLEY-EDERVILLE ROAD CONSTRUCTION PROJECT Assistant to the City Manager Quin advised that this item was for consideration and discussion of possible action regarding the joint Texas Department of Transportation and City of Richland Hills Handley-Ederville Road construction project. Mr. Quin further advised there had been a question as to the amount of funds that had been spent on this project to date, and advised that the correct amount was $24,800. City Engineer Dulaney reviewed the estimated costs for the project in relation to a full utility relocation as compared to a minimum utility relocation. Mr. Dulaney provided a handout listing the estimated costs for engineering for paving • and drainage, right-of-way acquisition, engineering for utility relocation, utility relocation, and construction for paving and drainage. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 19 19. HANDLEY-EDERVILLE ROAD CONSTRUCTION PROJECT (cont'd.) At the request of Councilmember Hamilton, Mr. Dulaney explained the difference between full and minimum utility relocation, and reviewed the handout listing the estimated costs associated with the different aspects of the project. The total estimated cost for the entire project with full utility relocation would be $2.2 million with the City's share amounting to approximately $865,000. The total estimated cost for the project with minimum utility relocation would be $1.9 million with the City's share amounting to approximately $583,000. Councilmember Hamilton inquired as to the time frame associated with each aspect of the project and the estimated cost for subsequent fiscal year budgets. Mr. Dulaney explained that an environmental assessment would have to be done initially and could possibly be completed by • March 1, 1996. The right-of-way acquisition would take place after the environmental assessment, and could possibly be completed by September 1, 1996. Therefore, the estimated cost for fiscal year 1995-96 would be $180,000. In addition, Mr. Dulaney explained that the remaining amount would be split between the 1996-97 and the 1997-98 budgets, due to the fact that construction of the project could probably begin at the end of fiscal year 1996-97 and could take approximately one year. The utility relocation would probably occur during the beginning of the 1996-97 fiscal year. Councilmember Hamilton pointed out that, based on the figures provided in the handout, the cost during fiscal year 1995-96 would be approximately $202,000, and inquired as to whether the cost would be eligible for funding from The T (The Transportation Authority) revenues. Mr. Quin explained that by the end of September 1996, The T revenues would total $315,000, and these funds were eligible to be used in the construction of this project. Mr. Quin also pointed out that the drainage utility funds could also be used for the drainage portion of the project. Councilmember Hamilton further explained his understanding that even if there were no donations on land acquisitions, the • cost for the project during the 1995-96 budget would be approximately $202,000, with approximately $300,000 available for funding in the 1995-96 fiscal year budget. Mr. Hamilton also pointed out that the remaining funds could be applied to the next fiscal year budget. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 20 19. HANDLEY-EDERVILLE ROAD CONSTRUCTION PROJECT (cont'd.) Mr. Quin concurred that in relation to the project schedule, The T revenues would fund a majority of the first 12 to 14 months of the project. Councilmember Hamilton discussed with City Attorney Wieneskie the possibility of the City being subject to fines or penalties if the City were to back out of the contract unilaterally. Mr. Wieneskie pointed out that the State would have the same remedy as any other party for a breach of contract, and recommended if the Council wanted to terminate the contract, the City should contact the State and attempt to negotiate termination of the contract. Mayor Pro Tem Wilson discussed with Mr. Dulaney previous discussions regarding a requirement that funds for the project had to be in the bank prior to the letting of the contract. Mr. Dulaney explained that approximately 45 days prior to the • bid letting, the City would be required to have 20 percent of the funding for construction available, which would be approximately $300,000. Mayor Pro Tem Wilson discussed with Mr. Quin whether any of The T funds had been dedicated for Midway Road. Mr. Quin advised there had been discussion in this regard, however, no formal action had been taken. Mr. Quin further advised that the cost for repairs to Midway Road was estimated at $95,000. Mr. Wilson pointed out that if The T funds were used on Handley-Ederville, there would be no remaining funds available for other road repairs. In response to a question from the audience by Mr. Ronald Grogan, Mr. Quin advised that the City receives $80,000 annually from The T. Mayor Pro Tem Wilson requested the City Engineer's opinion on whether The T funds should be spent on Handley-Ederville or on repairs to other roads in Richland Hills. Mr. Dulaney explained that if the plan was to improve Handley-Ederville in order to attract commercial businesses to Richland Hills to increase the tax base, then Mr. Dulaney felt the funds should be spent on Handley-Ederville. Mr. Dulaney also pointed out that if Handley-Ederville were improved to a four-lane road, • traffic would increase and could possibly increase crime in the City. Mr. Dulaney also pointed out that the money might be better spent on replacing sewers in the City, which he felt were in worse condition than the road. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 21 19. HANDLEY-EDERVILLE ROAD CONSTRUCTION PROJECT (cont'd.) Mr. Jim Ford, 7457 Airport Freeway, Richland Hills, spoke in favor of funding the Handley-Ederville Project and urged the Council to seriously consider approving the project. Mr. Ford also reviewed the history of the business park in the Handley- Ederville Road area, and pointed out the tremendous amount of growth in this area, and expressed his feeling that Handley- Ederville Road should be a gateway to the City and it should be done properly. Councilmember Hamilton pointed out that the overall budget totalled approximately $5.5 million, and the amount the City would be responsible for on this project totalled approxi- mately 1.5~ of the City's budget for each of two years. Mr. Hamilton emphasized the fact that this opportunity for the State to fund $1,235,000 for the Handley-Ederville Project may never be offered to the City again, however, the opportunity • to repair other City streets would always be available. Councilmember Watkins pointed out that approximately 121,000 cars pass by Handley-Ederville Road on SH-121 each day, and approximately 36,000 cars travel Baker Boulevard each day. It had also been projected that in approximately two years when Loop 820 is completed, traffic on Baker Boulevard will more than double. Mr. Watkins also pointed out that an access and egress to this additional traffic will be needed, and Handley- Ederville Road would not be adequate in its current condition to handle the additional traffic. Mr. Watkins also stated he felt this was a one-time opportunity that should be taken advantage of by the City, due to the fact that eventually the improvements will have to be done. Mr. T. S. Bridges commented from the audience regarding his concern about trucks cutting through on Popplewell and Vance Road and causing damage to those streets and how repairs would be funded. Mayor Kelley pointed out there were options available to restrict truck traffic on certain roads. Jean Spieker, 3401 Jonette, Richland Hills, stated her concern with the minimum utility relocation, and recommended the full utility relocation be done if the project were approved, in case there was a need to repair water or sewer lines after • improvements were made on Handley-Ederville. Councilmember Watkins discussed with City Engineer Dulaney the fact that if there was a need to repair a water or sewer line, the street would have to be cut for repairs and patched whether Handley-Ederville was improved or not. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 22 19. HANDLEY-EDERVILLE ROAD CONSTRUCTION PROJECT (cont'd.) MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Hamilton, to instruct city staff to continue with the Handley-Ederville Road Construction Project as planned. The motion failed by a vote of 2 to 3, with Councilmembers Wall, Kaastad and Wilson casting the negative votes. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to authorize the City Manager to negotiate the possible termination of the contract in accordance with Page 6, Item 14- 1 of the contract, which states that "by mutual written agreement and consent of both parties". The motion unanimously carried. • 20. ASBESTOS ABATEMENT AT THE PUBLIC WORKS BUILDING Assistant to the City Manager James Quin advised that this item was for the consideration of approving an Asbestos Abatement Plan for the Public Works building, and authorizing staff to seek competitive sealed bids. Mr. Quin further advised that the initial study of the building conducted in May 1995 determined there was asbestos present in the building. The cost for removal was estimated at $8,080. In addition, Mr. Quin pointed out there would be an additional cost of approximately $4,000 to replace the ceiling the and floor linoleum after the work was completed. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to approve the Asbestos Abatement Plan for the Public Works building, and authorize staff to seek competitive sealed bids. Councilmember Hamilton inquired as to the funding for this project, and Mr. Quin advised that funds were available in the current budget. VOTE ON • MOTION: The motion unanimously carried. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 23 21. REMOVAL OF CONSENT AGENDA ITEMS There were no items requested to be removed from the Consent Agenda for individual consideration. 22. CONSENT AGENDA Assistant to the City Manager James Quin reviewed the items on the Consent Agenda as follows: A. Approval of the Minutes of the June 22, 1995 Special City Council Meeting, and the June 27, 1995 Regular City Council Meeting; B. Approval of Landscape Maintenance Specifications and Authorization of Staff to Seek Competitive Sealed Bids; and, • C. Call a Joint Workshop with the Planning and Zoning Commission for 7:00 P.M., August 15, 1995, in Order to Review the Proposed Comprehensive Plan with Mr. James Toal, KVG Gideon Toal. MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Kaastad, to approve the Consent Agenda as presented. The motion unani- mously carried. 23. REPORTS AND COMMENTS ?T. S. Bridges, 7231 Hovenkamp, Richland Hills, commented on street repairs he had noticed were being made, and expressed his appreciation to the Council for their conservative efforts in spending the taxpayers money. ?Martha Strain, 3604 Labadie, Richland Hills, expressed her opposition to the action taken on the item regarding the revisions to the Classification and Compensation Plan, specifically, the elimination of the Assistant to the City Secretary and the City Engineer positions. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 24 23. REPORTS AND COMMENTS (cont'd.) Ms. Strain also commented on a previous statement made regarding the volunteers being "worth their salt", and stated that the Economic Development Advisory Board had worked hard for the community, and if no funding was provided in the budget for this board, she did not know what good the board could do for the community. Ms. Strain also commented on the statement made by Mr. Bridges in regard to the conservation efforts in spending by the current Council, and expressed her feeling that the Council would have to pay the consequences for their actions. ?JoDon Hicks, 6912 Grapevine Highway, Richland Hills, expressed his appreciation to the Mayor and Council, Assistant to the City Manager Quin and City Secretary Willis for their efforts during the budget process. • ?Jeanne Erickson, 2817 Mimosa Park, Richland Hills, advised she had been a member of the Clean City Commission for more than one year, which had been a rewarding experience. Ms. Erickson noted some of the activities of the Commission, and encouraged more involvement by the citizens and the youth in the community. Ms. Erickson also pointed out that there were many volunteers in the City, and expressed her feeling that they were worth their weight in gold. Ms. Erickson stated she was insulted by the previous remark made regarding the volunteers being "worth their salt", and stated she felt an apology needed to be given to each volunteer. Mayor Pro Tem Wilson expressed his appreciation in regard to the professionalism exhibited by Ms. Erickson in expressing her remarks, and pointed out that others are not as professional and often degrade and ridicule the Council. Mr. Wilson also pointed out that the Council did not always agree, however, they were trying to do what was best for the City. Mr. Wilson requested that the Mayor not allow the Council to be degraded in the future. Councilmember Watkins stated his disappointment with some of the decisions that had been made, and stated that some individuals may share the same feelings and others may not; • however, he felt there should be no hard feelings and City business should continue. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING JULY 25, 1995 PAGE 25 24. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 10:40 p.m. APPROVED: - C. F. KEL EY, MAYOR ATTEST: "~~E I; ILLIS, CITY SECRETARY • •