Loading...
HomeMy Public PortalAboutCity Council Minutes 09-26-1995 MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING SEPTEMBER 26, 1995 1. CALL TO ORDER Mayor Kelley called the meeting to order at 7:35 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 W. Quin, City Secretary Terri Willis and City Attorney Paul Wieneskie. Mayor Kelley advised that at approximately 8:00 p.m. , he would recess the meeting to celebrate Richland Hills' 45th Birthday with a birthday cake and punch. 2. INVOCATION AND PLEDGES OF ALLEGIANCE Mayor Kelley requested a moment of silence for prayer. Councilmember Watkins led the Pledge of Allegiance to the United States and Texas flags. 3. 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 Mayor Pro Tem Wilson, to appoint Oliver Pettit to Place 2A, and David Apgar to Place 2B, on the Wastewater System Advisory Board. Mayor Kelley advised there being no objection, the individuals were duly appointed. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to appoint Suzie Diver to Place 4 on the Special Events Committee. Mayor Kelley advised there being no objection, Ms. Diver was duly appointed. MINUTES OF THE RICHLAND HILL5 CITY COUNCIL • REGULAR MEETING SEPTEMBER 26, 1995 PAGE 2 3. COUNCIL-APPOINTED BOARDS (cont'd.l MOTION: A motion was made by Councilmember Hamilton, and seconded by Councilmember Watkins, to appoint Amy Rollish to Place 3 on the Teen Court Advisory Board; and to appoint Curtis Whitfield to Place 3A on the Wastewater System Advisory Board. Mayor Kelley advised there being no objection, the individuals were duly appointed. 4. PRESENTATIONS_fRECOGNITIONS A. Mayor Kelley to Present Proclamation Regarding American Heart Association. Mayor Kelley issued a proclamation declaring October 7, 1995 as "Walk for Your Heart Day" in the City of Richland Hills, • and in support of the American Heart Walk. B. Ms. Nelda Stroder, Chair of the Clean City Commission, to Present the Community Pride Award for the Month of September 1995. Ms. Stroder presented the Community Pride Award for the month of September 1995 to Ms. Judy Berryhill, the owner of The Herb Station located at 6701 Baker Boulevard. 5. AWARD OF CONTRACT FOR ROOF REPAIRS Interim City Manager Quin advised that this item was for consideration of awarding a contract to CBS Roofing in the amount of $36,440 to replace and repair roofs at City Hall, Public Works, and the Library buildings. The City experienced hail damage to the buildings during May of this year. The City received approximately $42,000 for the repairs from the City's insurance carrier, which had been allocated to a storm damage expense line item in the budget. At the request of Mayor Pro Tem Wilson, Mr. Kent Holcomb, with GSB Batenhorst, explained the substantial difference in the amount of the two bids received, and stated he had verified • the bid amount with CBS Roofing and their references had checked out satisfactorily. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING SEPTEMBER 26, 1995 PAGE 3 5. AWARD OF CONTRACT FOR ROOF REPAIRS (cont'd.1 MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to award the contract to CBS Roofing in the amount of $36,440 for roof repairs at City Hall, Public Works, and the Library buildings. The motion unanimously carried. 6. DISCUSSION OF ADVISORY BOARD USE OF RENOVATED OFFICES AND COURT ROOM AT OLD POLICE STATION BUILDING Interim City Manager Quin advised that this item was placed on the agenda at the request of Mayor Pro Tem Wilson for consideration and discussion of advisory board use of the newly-renovated offices and court room at the old police station building. • Mayor Pro Tem Wilson advised that the newly-renovated building had been referred to as the court room, and pointed out that Building/Code Official Dale Jackson had advised that the occupant load would be less if it were considered a court room. In addition, Mr. Wilson suggested all advisory boards hold their meetings in the newly-renovated building, and the Clean City Commission's computer be shared with all boards. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Kaastad, to change the name of the court room to the Richland Hills Community Board Room; that all advisory boards hold their meetings in the Community Board Room; and that the Clean City Commission's computer be shared with all boards. At this time, Mr. Kent Holcomb with GSB Batenhorst provided a drawing of the court room, and a memo from Tom Batenhorst regarding the court room occupancy load. The memo stated their opinion was that due to the various uses of the building and rooms, jury and non-jury trials, the total building occupancy was 49 for any use, if there was only one exit from the building. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING SEPTEMBER 26, 1995 PAGE 4 6. DISCUSSION OF ADVISORY BOARD USE OF RENOVATED OFFICES AND COURT ROOM AT OLD POLICE STATION BUILDING (cont'd.1 Building/Code Official Dale Jackson explained the requirements of the Building Code which determines the occupant load of a building depending on the use and size of the building, and the number of exits from the building. VOTE ON MOTION: The motion unanimously carried. 7. ADOPTION OF AN ORDINANCE APPROVING LONE STAR GAS COMPANY RATE REQUEST Interim City Manager Quin advised that this item was for consideration of adopting an ordinance approving a rate request by Lone Star Gas Company, and to conduct a public hearing in that regard. At the May 23, 1995 Council meeting, • the City Council delayed action on the rate request for 90 days to allow the City of Fort Worth to conduct a rate study on the rate increase request. Mr. Quin advised that the City of Fort Worth had completed a comprehensive analysis, and had subsequently approved the rate increase. The caption of the proposed ordinance reads as follows: "AN ORDINANCE AMENDING SECTION 13 "GAS RATES" OF CHAPTER 11 "UTILITIES" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS; REGULATING THE RATES AND CHARGES OF ALL PERSONS, FIRMS, CORPORATIONS OR ASSOCIATIONS ENGAGED IN THE BUSINESS OF FURNISHING, DISTRIBUTING OR DELIVERING NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CUSTOMERS IN THE CITY OF RICHLAND HILLS, TEXAS; CHANGING THE RATES FORMERLY CONTAINED IN SECTION 13 OF CHAPTER 11 OF THE RICHLAND HILLS CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Mayor Kelley opened the public hearing. Mr. A. Z. Drones, Administrative Services Director with Lone Star Gas Company, advised that the request was for an increase of 4.8 percent. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING SEPTEMBER 26, 1995 PAGE 5 7. ADOPTION OF AN ORDINANCE APPROVING LONE STAR GAS COMPANY RATE REQUEST (cont'd ?Byrtie Adams, 3617 Chaffin, Richland Hills, inquired as to whether there was a legal requirement to hold a public hearing at one meeting and then at a subsequent meeting vote on the rate increase. City Attorney Wieneskie advised there was no legal requirement to hold separate meetings for the public hearing and adoption of the rate increase. ?Truman Harrell, 6509 Marcille Court, Richland Hills, inquired as to why there was a need for a rate increase. Mr. Drones explained that the rate increase was being requested due to an increase in the operating costs. There being no other persons requesting to speak on the rate increase request, Mayor Kelley closed the public hearing. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to adopt the ordinance approving the rate increase from Lone Star Gas Company. The motion unanimously carried. (Ordinance No. 763-95) Mayor Kelley recessed the meeting at 8:15 p.m. to celebrate Richland Hills' 45th Birthday, and reconvened the meeting at 8:35 p.m. 8. CONSIDERATION OF CALLING AN ELECTION REGARDING THE ADOPTION OF AN ECONOMIC DEVELOPMENT 4B SALES TAX Interim City Manager Quin advised that this item was for consideration of adoption of an ordinance calling an election for January 20, 1996 regarding the adoption of an economic development 4B sales tax. This item was placed on the agenda by Councilmember Wall and Mayor Pro Tem Wilson. Mayor Pro Tem Wilson explained that the City was eligible for the 4B sales tax, and could generate revenue equal to the revenue generated by the "T", approximately $600,000 per year. Mr. Wilson further explained the eligibility requirements, and MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING SEPTEMBER 26, 1995 PAGE 6 8. CONSIDERATION OF CALLING AN ELECTION REGARDING THE ADOPTION OF AN ECONOMIC DEVELOPMENT 4B SALES TAX (cont'd.) pointed out that the sales tax rate would increase from 7.75$ to 8.25. The revenues received from this additional sales tax could be used for a wide variety of projects, such as streets, water and sewer facilities, drainage improvements, etc. Mr. Wilson recommended the additional tax revenues be used for the following purposes and percentages: Sewer 35~ ($210,000) Water 35~ ( 210,000) Streets 20~ ( 120,000) Administrative Corp. 4~ ( 24,000) Economic Deve. Adv. Board 2~ ( 12,000) Animal Shelter 2~ ( 12,000) Parks and Beautification 2~ ( 12,000) City Attorney Wieneskie advised that an ordinance would be required to call a special election on the 4B sales tax, and if the tax was approved, an Administrative Corporation would have to be created, and a separate ordinance would have to be adopted which would actually impose the tax. MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Wall, to direct the City Attorney to prepare an ordinance calling a special election for January 20, 1996 regarding the adoption of an economic development 4B sales tax for the purposes as previously stated. The motion unanimously carried. 9. APPOINTMENT OF SYSTEM ASSEMBLY REPRESENTATIVE TO THE NORTH TEXAS LIBRARY SYSTEM Interim City Manager Quin advised that this item was for consideration of appointing a System Assembly Representative to the North Texas Library System. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to appoint Dorothy Hurdle as the System Assembly Representative to the • North Texas Library System. The motion unanimously carried. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING SEPTEMBER 26, 1995 PAGE 7 10. FINAL PLAT APPROVAL FOR SUN5ET GARDENS RETIREMENT COMMUNITY DEVELOPMENT Interim City Manager Quin advised that this item was for consideration of approval of the final plat for the Sunset Gardens Retirement Community Development on Baker Boulevard. The Planning and Zoning Commission voted unanimously to approve the final plat. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to approve the final plat for Sunset Gardens Retirement Community Development as recommended by the Planning and Zoning Commission. At this time, Ms. Martena de la Fuente, Corporate Director Facility Manager, reviewed the plans of the development and advised the construction should be completed by April 1996. • Code Official Dale Jackson reviewed various aspects of the development process. VOTE ON MOTION: The motion unanimously carried. 11. VOLUNTEER OF THE YEAR~OUTSTANDING CITIZEN VOLUNTEER POLICIES AND PROCEDURES Interim City Manager Quin advised that this item was for consideration of revisions to the Volunteer of the Year/ Outstanding Citizen Volunteer Policies and Procedures. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Hamilton, to direct the City Secretary to make the changes as discussed in pre-council, and postpone approval until the October 10, 1995 Council meeting. The motion unanimously carried. 12. TRANSFER OF CABLE TELEVISION FRANCHISE RESOLUTION, FIRST READING • Interim City Manager Quin advised that this item was for consideration of the first reading of a proposed resolution MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING SEPTEMBER 26, 1995 PAGE 8 12. TRANSFER OF CABLE TELEVISION FRANCHISE RESOLUTION, FIRST READING (cont'd ) authorizing the transfer of the cable television franchise from Sammons Communications to Marcus Cable Associates. The City of Fort Worth had completed a financial analysis of Marcus Cable Associates, which determined the company was financially able to provide cable services. Therefore, the Fort Worth City Council had formally approved the franchise transfer. City Attorney Wieneskie summarized the proposed resolution stating that the resolution would formally authorize the transfer of the cable television franchise from Sammons Communications to Marcus Cable Associates and the assignment of the assets and the franchise as collateral. No formal action by the Council was necessary at this time. The second reading of the proposed resolution would be held at • the October 10, 1995 City Council meeting. 13. CONSIDERATION OF CALLING AN ELECTION ON THE ISSUANCE OF BONDS Interim City Manager Quin advised this that item was for consideration of calling an election on the issuance of bonds to finance the Handley-Ederville road construction expenses, in conjunction with the Special Election to be held on November 7, 1995. This item was placed on the agenda by Councilmember Kaastad. Councilmember Kaastad explained that she felt additional monies would be needed in order to fund the Handley-Ederville project. MOTION: A motion was made by Councilmember Kaastad, and seconded by Councilmember Wall, to adopt an ordinance calling a bond election for November 7, 1995, for the issuance of bonds in the amount of $865,000, with a change to the proposition to state specifically for the issuance of $865,000 street improvement tax bonds for Handley-Ederville Road; and that the election judges be Loyce Greer and Jean Spieker. • Councilmember Hamilton recommended postponing approval of a bond election until more definitive figures could be obtained. MINUTES OF THE RICHLAND HILLS CITY COUNCIL . REGULAR MEETING SEPTEMBER 26, 1995 PAGE 9 13. CONSIDERATION OF CALLING AN ELECTION ON THE ISSUANCE OF BONDS (cont'd.) VOTE ON MOTION: The motion carried by a vote of 3 to 2, with Councilmembers Hamilton and Watkins casting the negative votes. (Ordinance No. 764-95) 14. DISCUSSION OF SAFE DRINKING WATER Interim City Manager Quin advised that this item was placed on the agenda by Councilmember Watkins in order to discuss the safety of the City's drinking water in light of the recent Administrative Order received from the Environmental Protection Agency (EPA). Councilmember Watkins explained he had received a telephone call from a citizen concerned about the safety of the City's • drinking water, due to a rumor she had heard about the water being contaminated. Therefore, Mr. Watkins felt the situation should be clarified publicly to clear up any misunderstandings in this regard. Interim City Manager Quin clarified that the City's drinking was safe and there was no need for concern, due to the fact that the water goes through a treatment process and was tested monthly. The City has an extensive water sampling program to ensure the integrity of the water, and it has been designated as a superior water system by the Texas Natural Resource Conservation Commission (TNRCC). Mayor Kelley advised there would be an article in the next newsletter regarding this matter. No formal action by the Council was necessary. 15. APPROVAL OF RESOLUTION HONORING INTERLOCAL AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION Interim City Manager Quin advised that Councilmember Hamilton had requested this item be placed on the agenda, however, had requested the item be withdrawn from the agenda. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING SEPTEMBER 26, 1995 PAGE 10 16. APPROVAL OF AN ORDINANCE PASSING THROUGH WATER AND WASTEWATER RATES CHARGED TO THE CITY FROM FORT WORTH AND HURST Interim City Manager Quin advised that this item was for consideration of adopting an ordinance which would pass through any additional water and wastewater rates charged to Richland Hills by the cities of Fort Worth and Hurst . For the past few years, the City had been absorbing rate increases from these cities, and it had reached the point where the City could not support infrastructure improvements and also absorb the rate increases. At the August 8, 1995 Council meeting, the City Council directed staff to develop an ordinance that would allow the City to pass on the rate increases to the customers. This would allow the City to maintain the current level of revenue. The proposed ordinance caption reads as follows: "AN ORDINANCE AMENDING SECTION 10 "WATER RATES" AND SECTION 11 • "SEWER RATES" OF CHAPTER 11 "UTILITIES" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, INCREASING THE RATES CONTAINED THEREIN TO REFLECT INCREASES IN CHARGES TO THE CITY FOR WATER AND FOR SEWAGE TREATMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND EFFECTIVE DATE." MOTION: A motion was made by Councilmember Watkins, and seconded by Councilmember Wall, to adopt the ordinance as presented. The motion unanimously carried. (Ordinance No. 765-95) 17. APPROVAL OF SPECIFICATIONS FOR WATER WELL REPAIRS Interim City Manager Quin advised that this item was to consider approving specifications for water well repairs and authorizing staff to seek competitive sealed bids. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to approve the specifications for water well repairs and authorize staff to seek competitive sealed bids. The motion unanimously carried. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING SEPTEMBER 26, 1995 PAGE 11 18. CLASSIFICATION AND COMPENSATION PLAN REVISION Interim City Manager Quin advised that this item was to consider approval of revisions to the Classification and Compensation Plan for the 1995-96 fiscal year budget. At the August 12, 1995 Council meeting, the City Council adopted the 1995-96 budget which included the creation of a Public Works Director at a higher classification (Class 22); the reclassi- fication of the current Public Works Director position to Public Works Superintendent (Class 20); the upgrade of two positions and the elimination of three positions. The Parks Lead Maintenance Worker position was a Class 13 ($17,842 - $22,934) and was upgraded to a Foreman position at a Class 15 {$20,823 - $26,776). The Administrative Secretary position in the City Manager's Office was a Class 13 and was upgraded to an Administrative Assistant position at a Class 17 ($22,926 - $29,058). The positions of Administrative Secretary to the City Secretary, the Assistant to the City Manager, and the City Engineer positions were eliminated from the plan. • MOTION: A motion was made by Mayor Pro Tem Wilson, and seconded by Councilmember Watkins, to approve the revisions to the Classification and Compensation Plan as submitted. The motion unanimously carried. 19. AUCTION OF SURPLUS CITY PROPERTIES Interim City Manager Quin advised that this item was to consider approval of an agreement for participation in a multi-city auction for surplus properties, and to authorize the City Manager to dispose of the items auctioned. MOTION: A motion was made by Councilmember Wall, and seconded by Councilmember Hamilton, to approve the auction agreement and the list of items to be auctioned. The motion unanimously carried. 20. REMOVAL OF CONSENT AGENDA ITEMS Interim City Manager Quin advised that any item on the Consent Agenda could be removed for individual consideration at this time. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING SEPTEMBER 26, 1995 PAGE 12 20. REMOVAL OF CONSENT AGENDA ITEMS (cont'd.) Councilmember Kaastad requested the minutes of the September 12, 1995 regular City Council meeting be withdrawn from the Consent Agenda. 21. CONSENT AGENDA Approval of the Minutes of the August 22, 1995 Regular City Council Meeting. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to approve the Consent Agenda item. The motion unanimously carried. 22. REPORTS AND COMMENTS Mayor Pro Tem Wilson pointed out there were several vacancies • on the City's boards, and also requested all boards to keep the Council informed on members who are not active on their board. ?Oliver Pettit, 7505 Hovenkamp, Richland Hills, inquired as to why it was necessary to approve specifications and seek competitive sealed bids for water well repairs. Interim City Manager Quin explained that there were two wells out of service and repairs were budgeted in the last fiscal year. Therefore, it was necessary to seek bids and require a performance bond to ensure the work would be done properly. ?Truman Harrell, 6509 Marcille Court, Richland Hills, inquired as to whether there would be information made available to the citizens in regard to the election on the Handley-Ederville project. Interim City Manager Quin advised that the Council would develop a fact sheet on the project and it would be included in the next City newsletter. ?Pat Brantley, 2900 Faye Drive, Richland Hills, stated she felt the City Council was doing a great job for the City, and expressed her appreciation. • Mayor Kelley recessed the regular meeting of the Richland Hills City Council at 9:45 p.m. in order to enter into Executive Session. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING SEPTEMBER 26, 1995 PAGE 13 23. EXECUTIVE SESSION Mayor Kelley convened the City Council into Executive Session at 9:50 p.m. in the Council Conference Room to discuss the following items: A. Consideration of Entering into Executive Session in Accord with Chapter 551, Section 551.074, Personnel, of the Texas Government Code, to Deliberate the Matters Concerning a Public Officer or Employee, Specifically, the City Manager Position. B. Consideration of Entering into Executive Session in Accord with Chapter 551, Section 551.072, Real Estate, of the Texas Government Code, to Deliberate the Purchase, Exchange, Lease or Value of Real Property. Mayor Kelley adjourned the Executive Session at 10:59 p.m. and reconvened the City Council in the Council Chambers at • 11:00 p.m. to consider action on the items discussed in Executive Session. C. Consideration of Final Action, Decision, or Vote on a Matter Deliberated in Executive Session in Accord with Chapter 551, Section 551.102, of the Texas Government Code. MOTION: A motion was made by Councilmember Kaastad, and seconded by Mayor Pro Tem Wilson, to appoint Interim City Manager Jim Quin as the City Manager, with a base pay in the amount of $48,000 and a three-year contract. The motion unanimously carried. 24. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 11:02 p.m. APPROVED: C. F. KELLEY, MAYOR • ATTEST: ~ \ TER ILLIS, CITY S RETARY