Loading...
HomeMy Public PortalAboutCity Council Minutes 08-08-1995 MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING AUGUST 8, 1995 1. CALL TO ORDER Mayor Kelley called the meeting to order at 7:30 p.m. in the Council Chambers of the Richland Hills City Hall, 3200 Diana Drive, Richland Hills, Texas. Councilmembers Present: Pat Watkins, Reta P. Kaastad, Horace Hamilton, Larry Wilson, and LaRue Wall. City Staff Present: Interim City Manager James Quin, City Secretary Terri Willis and City Attorney James Cribbs. 2. INVOCATION AND PLEDGES OF ALLEGIANCE Mayor Kelley requested a moment of silence for prayer. Councilmember Kaastad led the Pledge of Allegiance to the United States and Texas flags. • 3. COUNCIL-APPOINTED BOARDS Interim City Manager James Quin advised there were no appoint- ments to be made at this time. 4. PRESENTATION3fRECOGNITIONS A. Five-Year Service Award to Firefighter/Paramedic Robert Mori. Mayor Kelley presented a service pin to Firefighter/Paramedic Robert Mori for his five years of service to the City of Richland Hills. B. Proclamation Declaring August 1995 as "Ozone Awareness Month." At the request of Mayor Kelley, City Attorney Cribbs read the proclamation declaring August 1995 as "Ozone Awareness Month." 5. APPROVAL OF AN ORDINANCE AMENDING CITY CODE REGARDING YARD • IRRIGATION Interim City Manager James Quin advised that this item was for consideration of amending Section 11 "Sewer Rates" of Chapter MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING AUGUST 8, 1995 PAGE 2 5. APPROVAL OF AN ORDINANCE AMENDING CITY CODE REGARDING YARD IRRIGATION Lcont'd.~ 11 "Utilities" of the Code of Ordinances, City of Richland Hills, Texas, by adding a new Subsection A (2) (b) to allow water use for yard irrigation without assessment of a sewer charge. Mr. Quin further advised that at the June 27, 1995 City Council meeting, Mr. Jim Ford, Midway Business Park, had requested the Council to consider allowances for sewage volume charges for water which was used only for landscape irrigation purposes. At the July 25, 1995 Council meeting, Building Official Dale Jackson was directed by the Council to verify with the City of Fort Worth whether an impact fee would be charged for an additional meter to be used for a sprinkler system. The City of Fort Worth informed Mr. Jackson that there would be an impact fee charged for an additional meter, however, impact fees are would not charged on deduct meters. Mr. Quin pointed out that the proposed ordinance would provide • that sewage monthly volume charges would not be charged to industrial and commercial customers for water which was separately metered and was used only for landscape irrigation purposes. The proposed ordinance caption reads as follows: "AN ORDINANCE AMENDING SECTION 11 "SEWER RATES" OF CHAPTER 11 "UTILITIES" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, BY RENUMBERING EXISTING SUBSECTION A (2); AND ADDING A NEW SUBSECTION A (2) (B) TO ALLOW WATER USE FOR YARD IRRIGA- TION WITHOUT ASSESSMENT OF SEWER CHARGE THEREON; 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 THE 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 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; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING A1`1 EFFECTIVE DATE." • MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember ICaastad, to adopt the ordinance amending the City Code regarding yard irrigation. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING AUGUST 8, 1995 PAGE 3 5. APPROVAL OF AN ORDINANCE AMENDING CITY CODE REGARDING YARD IRRIGATION (cont'd ~ Councilmember Hamilton pointed out that the ordinance provided this allowance specifically for commercial and industrial customers, and inquired as to whether this could apply to residential. The Council discussed with Mr. Quin whether this could apply to residences as well, and it was pointed out that the cost may be prohibitive to a resident. VOTE ON MOTION: The motion unanimously carried. (Ordinance No. 753-95) 6. APPROVAL OF AN ORDINANCE AMENDING CITY CODE REGARDING HOURS • FOR ONE-WAY STREETS FOR SCHOOLS Interim City Manager James Quin advised that this item was for consideration of amending Chapter 10, Traffic Regulations, Section 12, "One-Way Streets" to change one-way street hours in school zones to accommodate kindergarten hours. The proposed ordinance caption reads as follows: "AN ORDINANCE AMENDING SUBSECTION B., "ONE-WAY STREETS ENUMERATED" OF SECTION 12, "ONE-WAY STREETS," OF CHAPTER 10, "TRAFFIC REGULATIONS" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, REVISING THE HOURS ONE-WAY STREETS ARE IN EFFECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Hamilton, to adopt the ordinance amending Chapter 10, Traffic Regulations, Section 12, "One-Way Streets" of the City Code by adding the hours of 11:00 a.m. to 12:30 p.m., as recommended. The motion unanimously carried. (Ordinance No. 754-95) • 7. APPROVAL OF AN ORDINANCE CREATING A WASTEWATER SYSTEM ADVISORY BOARD Interim City Manager James Quin advised that this item was for consideration of adopting an ordinance amending Chapter 13, MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING AUGUST 8, 1995 PAGE 4 7. APPROVAL OF AN ORDINANCE CREATING A WASTEWATER SYSTEM ADVISORY BOARD Lcont'd.) "Advisory Boards" to create a new Section 13 "Wastewater System Advisory Board" for the purpose of advising the City Council on wastewater problems and to recommend improvements. Mr. Quin further advised that this item was discussed at the June 27, 1995 Council meeting and the Council was unanimously in favor of establishing such a board. The proposed ordinance caption reads as follows: "AN ORDINANCE AMENDING CHAPTER 13, "ADVISORY BOARDS" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, AS AMENDED, BY THE ADDITION THERETO OF A NEW SECTION 13: "WASTEWATER SYSTEM ADVISORY BOARD"; CREATING SAID WASTEWATER SYSTEM ADVISORY BOARD; PROVIDING FOR APPOINTMENT OF MEMBERS TO SAID BOARD; SETTING FORTH THE POWERS AND DUTIES OF THE SAID • WASTEWATER SYSTEM ADVISORY BOARD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE." MOTION: A motion was made by Councilmember Hamilton, and seconded by Mayor Pro Tem Wilson, to adopt the ordinance creating a Wastewater System Advisory Board, as presented. Councilmember Kaastad pointed that the Council had discussed a question in pre-council in regard to Item 6 listed on Page 3 of the proposed ordinance, and requested City Attorney Cribbs to explain the intent of this item. Item 6 stated "Evaluate city actions in light of the Board's recommenda- tions". City Attorney James Cribbs explained that the board would look at the City's actions and make recommendations to the Council in regard to proposed changes to either the ordinance or the policy in this regard. Mr. Quin pointed out that Council had also discussed in pre- council that a staff representative should be appointed to the board. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING AUGUST 8, 1995 PAGE 5 7. APPROVAL OF AN ORDINANCE CREATING A WASTEWATER SYSTEM ADVISORY BOARD (cont'd.) AMENDMENT TO MOTION: A motion was made by Councilmember Hamilton, and seconded by Mayor Pro Tem Wilson, to amend the motion to include that a staff representa- tive to the board be designated by the City Manager. The motion unanimously carried as amended. (Ordinance No. 755-95) 8. CONSIDER AN ORDINANCE ESTABLISHING PASS THROUGH WATER AND WASTEWATER RATES Interim City Manager James Quin advised that this item was placed on the agenda by Councilmember Hamilton for consideration and discussion of amending the water and • wastewater rate ordinance to pass through rate increases adopted by the cities of Fort Worth and Hurst to prevent the City from absorbing the increase and thereby losing revenue to maintain the water and wastewater system. Councilmember Hamilton explained that at the beginning of the budget workshops, it was pointed out that in the past year the expenses to the City from the cities of Fort Worth and Hurst increased more rapidly than any other part of the City's budget. The City paid an extra $290,000 in water and sewer rates, which caused projects approved by the previous Council to be cancelled due to lack of funds. Mr. Hamilton pointed out that Richland Hills was the only city in northeast Tarrant County that had not adopted such an ordinance. MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Wall, to direct the City Manager to have an ordinance prepared in this regard. The motion unanimously carried. 9. CONSIDER AN ORDINANCE INCREASING WASTEWATER RATES Interim City Manager James Quin advised that this item was placed on the agenda by Councilmember Hamilton for • consideration and discussion of adopting an ordinance which purpose would be to retroactively recoup 50 percent of the wastewater rates absorbed by the City during the past fiscal year and be implemented over a two-year period to lessen impact upon customers, and that the revenue be dedicated for water and wastewater improvements. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING AUGUST 8, 1995 PAGE 6 9. CONSIDER AN ORDINANCE INCREASING WASTEWATER RATES (cont'd.l Councilmember Hamilton explained that the proposed ordinance discussed under the previous item was strictly to protect the City from an increase in expenses in the future. This item was for discussion and citizen input on a proposed ordinance to recoup half of the rates absorbed by the City in the past fiscal year and would be implemented over a two-year period to lessen the impact on customers. MOTION: A motion was made by Councilmember Hamilton, and seconded by Councilmember Watkins, to table this item to the September 12, 1995 Regular City Council Meeting to discuss and consider an ordinance to recoup 50 percent of the wastewater rates absorbed by the City during the past fiscal year, with the understanding that the revenues received would be strictly for water and sewer projects. • Councilmember Kaastad requested city staff to provide the Council with the estimated cost to the customers. Councilmember Watkins requested that an ordinance be drafted for consideration at the September 12, 1995 meeting. AMENDMENT TO MOTION: A motion was made by Councilmember Hamilton, and seconded by Councilmember Watkins, to amend the motion to include that city staff be directed to provide the Council with the estimated cost to the customers; and, that an ordinance be drafted for consideration at the September 12, 1995 meeting. The motion unani- mously carried as amended. 10. CONSIDERATION OF AMENDING CURRENT POLICY REGARDING CITIZEN'S REQUESTS FOR BUDGET BOOKS Interim City Manager James Quin advised that this item was placed on the agenda by Councilmember Kaastad for considera- tion of amending current Council policy to reduce the rate charged to citizens for a copy of the proposed fiscal year • 1995-96 budget. Councilmember Kaastad advised that, according to the Texas Municipal League, of all the functions performed by the City MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING AUGUST 8, 1995 PAGE 7 10. CONSIDERATION OF AMENDING CURRENT POLICY REGARDING CITIZEN'S REQUESTS FOR BUDGET BOOKS ~ cont'd.) Council, budgeting was the most important function. There- fore, the Council should serve to provide the public with an understandable financial plan which plainly describes the activities that will be undertaken during the next fiscal year. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to amend Ordinance No. 739-94 to exclude the charge of $0.10 per page for City budgets, and include a flat fee charge of $2.50 per copy of the budget with no binding provided. The motion unanimously carried. There was a question from the audience as to when the budget would be available, and Mr. Quin advised that a copy was • currently on file in the Library and in the City Secretary's Office. Councilmember Kaastad pointed out that at the current charge of $0.10 per page, the cost for the budget would have been $9.70, and the Council felt this cost was excessive for the citizens to pay for the budget document. City Secretary Terri Willis requested clarification as to the effective date of the flat fee charge, and City Attorney Cribbs advised the Council could make the change effective immediately prior to adoption of the ordinance. AMENDMENT TO MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to amend the motion to include that the flat fee of $2.50 per budget be effective immediately. The motion unanimously carried as amended. 11. CONSIDERATION OF NOTIFYING CITIZENS OF QUARTERLY TOWN HALL MEETINGS THROUGH THE NEWSLETTER Interim City Manager James Quin advised that this item was • placed on the agenda by Councilmember Kaastad for considera- tion and discussion of inserting the quarterly Town Hall Meeting letters in the newsletter rather than individual mailings. MINUTES OF THE RICHLAND HILLS CITY COUNCIL . REGULAR MEETING AUGUST 8, 1995 PAGE 8 11. CONSIDERATION OF NOTIFYING CITIZENS OF QUARTERLY TOWN HALL MEETINGS THROUGH THE NEWSLETTER (cont'd.~ Councilmember Kaastad explained that the postage to mail a Town Hall Meeting letter cost $570, therefore, she recommended placing the Town Hall Meeting letter in the City Newsletter. Ms. Kaastad further advised that staff had calculated the total estimated cost for printing, postage and staff time involved in mailing the individual Town Hall Meeting letters which amounted to $1,020. Ms. Kaastad pointed out there were five Town Hall Meetings each year, therefore, the total cost was $5,100. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to establish a City policy to mail all notices of Town Hall Meetings with the City Newsletter, with the notice being a separate insertion and not incorporated in • the text of the Newsletter. The motion unanimously carried. Councilmember Kaastad pointed out that this would result in an approximate savings to the City of $4,400. 12. APPROVAL OF RESOLUTION GRANTING RIGHT-OF-ENTRY TO THE UNITED STATES CORPS ENGINEERS Interim City Manager James Quin advised that this item was for the consideration of approving a resolution granting a right- of-entry agreement with the U.S. Army Corps of Engineers to initiate environmental assessment and demolition of homes acquired by the City as part of the Calloway Branch Flood Alleviation Project. Mr. Quin further advised that this project was a culmination of approximately two years of work, and at this point, approval of the proposed resolution would grant the Corps of Engineers right-of-entry to the property in order to assess the homes to ensure that hazardous materials, such as asbestos or lead, are not disposed of in the landfill. Subsequently, a contract will be let to demolish the homes and the park can then be constructed. MOTION: A motion was made by Councilmember Watkins, and • seconded by Councilmember Hamilton, to approve the resolution granting right-of-entry to the U.S. Army Corps of Engineers for the Calloway Branch Project. The motion unanimously carried. (Resolution No. 54-95) MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING AUGUST 8, 1995 PAGE 9 12. APPROVAL OF RESOLUTION GRANTING RIGHT-OF-ENTRY TO THE UNITED STATES CORPS ENGINEERS {cont'd.) Mayor Kelley expressed his appreciation to Mr. Quin for his patience in handling this project and in acquiring the necessary properties without any condemnation proceedings, and also staying within the budget for the project. 13. CALL PUBLIC HEARING ON FISCAL YEAR 1995-96 BUDGET Interim City Manager James Quin advised that this item was for consideration of calling a public hearing on the 1995-96 Fiscal Year Budget for August 22, 1995. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to conduct a public hearing on the 1995-96 Fiscal Year Budget to be • held on August 22, 1995. The motion unanimously carried. Mayor Kelley inquired as to when copies of the budget could be made available for the public, and City Secretary Willis advised they would be available the next afternoon. 14. REMOVAL OF CONSENT AGENDA ITEMS There were no items requested to be removed from the Consent Agenda for individual consideration. 15. CONSENT AGENDA A. Approval of the Minutes of the July 6,1995 Special City Council Meeting, and the July 20, 1995 Special City Council Meeting. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to approve the Consent Agenda. The motion unanimously carried. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING AUGUST 8, 1995 PAGE 10 Mayor Kelley moved down the agenda to Item 17 to allow for citizen comments, prior to convening into Executive Session. 17. REPORTS AND COMMENTS ?T. S. Bridges, 7231 Hovenkamp, Richland Hills, commented on an article in the Star-Telegram written by Dave Lieber regarding the City of Richland Hills. Mr. Bridges advised he had written a letter in response to the article, however, it had not been published, and therefore, he read the letter he had written to the Star-Telegram. Mr. Bridges also commented on the new T Rider Request Service, and expressed his opinion that this was in violation of Section 6.03 "Powers and Duties of City Council", Paragraph 9 of the City Charter, which states "To regulate, license, and fix the charges or fares made by any person owning, obtaining or controlling any vehicle of any character used for carrying • of passengers for hire on the public streets and alleys of the City." Mr. Bridges also commented on the cost of the T service to the City, and expressed his opinion the City should receive the profits from this service. ?Greg Klarich, 7023 Dover Lane, Richland Hills, expressed his frustration with a recent experience in regard to having a new driveway installed at his residence, and the information he had received from City Hall on the requirements for installing a driveway, which did not include an amendment to the require- ments for permits and inspections. ?Oliver Pettit, 7505 Hovenkamp, Richland Hills, suggested placing an article in the newsletter regarding cardboard recycling. Mayor Pro Tem Wilson pointed out that citizens of Richland Hills could use the landfill free of charge during the entire month of August. ?Byrtie Adams, 3617 Chaffin, Richland Hills, suggested an article be placed in the newsletter advising that telephone books could also be placed in the recycling bins. • There being no other persons requesting to speak before the Council at this time, Mayor Kelley recessed the Regular Session at 8:20 p.m. in order to go into Executive Session. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING AUGUST 8, 1995 PAGE 11 16. EXECUTIVE SESSION Mayor Kelley convened the. Executive Session in the Council Conference Room at 8:30 p.m. to discuss the following: A. Consideration of Entering into Executive Session in Accord with Chapter 268, Section 551.074 of the Texas Government Code, to Deliberate the Matters Concerning a Public Officer or Employee, 1j Specifically, the City Manager Position, and 2) the City Attorney Position. Mayor Kelley adjourned the Executive Session at 8:59 p.m., and reconvened the Regular Session in the Council Chambers at 9:00 p.m. B. Consideration of Final Action, Decision, or Vote on a Matters Deliberated in Executive Session in Accord with Chapter 268, Section 551.102 of the Texas Government • Code. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to schedule an Executive Session for Tuesday, August 29, 1995 at 7:00 p.m. to discuss personnel, specifically, the City Attorney position. The motion unanimously carried. 18. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 9:02 p.m. APPROVED: C. F. EL EY, MAYO ATTEST: t k c` TEi~R~ WI IS, CI SECRETARY •