01/12/1995, Regular Meeting Minutes2138
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING - JANUARY 12, 1995
100 E. BROADWAY ST. - COMMUNITY CENTER
7:50 PM
Mayor Abbott called the meeting to order at 7:51 p.m.
Members present were Mayor Abbott, Councilmen Wright, Mundy,
Kirkpatrick, Boone and Kovach.
Councilman Mundy gave the invocation.
ITEM NO. 1 - Approval of Minutes: Public Hearing - December 8, 1994.
Regular Meeting - December 8, 1994.
Councilman Mundy moved to approve the minutes as they were submitted,
seconded by Councilman Kovach. Motion carried unanimously.
ITEM NO. 2 - Approval of Construction and Maintenance Agreement for
bridge replacement or rehabilitation with Texas
Department of Transportation.
Mayor Abbott requested that this item be delayed until after executive
session.
ITEM NO. 3 - Approval of Agreement 95-01 with Tarrant County for
inspection of on-site sewage disposal systems.
Legal Counsel, Wayne K. Olson pointed a typo in the definition of on-
site sewage disposal system. Mr. Olson said the definition does not
agree with the State statue and feels that this can be worked out with
the county.
Councilman Wright moved to approve the contract with Tarrant County for
inspection of on-site sewage disposal systems, seconded by Councilman
Boone, and motion carried without opposition.
ITEM NO. 4 - Approval of Community Development Block Grant (CDBG) for
21st year (1995).
Mr. Ed Aples with Cheatham and Associates stated this will involve
Rolanda Lane and Briarwood Road. Mr. Aples stated the 21st year project
involves preparation of the roadway, curb and gutter, stabilization of
the base, roadway excavation, tie in of all the drives, and finally the
finished surface of the road. Mr. Aples also noted that there was a
carry-over from the last year's project which would bring in completion
of Rolanda Lane.
Mr. Aples said that all improvement would be completed, and that the
finished project would tie into the underground storm drain system which
is a part of the 20th year CDBG project on Broadway .
Councilman Wright questioned which side of the road the water line would
be located on and where the drainage would go. Mr. Aples replied that
was already fixed because the water line comes from the north and south
and has a 400 foot gap at the zigzag of the road, and that the drainage
would come from the middle of the road due to the sewer line being on
2139
the low side of the road. Councilman Wright then questioned where the
water would go at .the end of Broadway. Mr. Aples replied that it would
turn right and head down the hill and turn back north and proceed over
to the railroad tracks where there is a channel going through, almost
parallel to the railroad tracks, and it will be dumped in the area with
erosion protection.
Councilman Mundy questioned if the city had easement to run the water
towards the railroad tracks. Mr. Aples replied that there was an
existing drainage and utility easement almost to the creek.
Councilman Wright moved to accept the 21st CDBG project to include
Briarwood and Rolanda, seconded by Councilman Mundy. Motion carried
with no opposition.
ITEM NO. 5 - Approval of Contract 95-02 with TMS Texas Municipal
Services, Inc., for municipal court collections.
Mayor Abbott delayed this item until after item number six.
ITEM NO. 6 - Approval of bidder of CDBG contract for the 20th year
project (Briarwood drainage and water line).
Mr. Ed Aples with Cheatham and Associates stated the bid opening was
held on December 21, 1994 for Briarwood which involved underground storm
drain and water line installation. Mr. Aples stated Tri-Tech, Inc.,
from Fort Worth, Texas was the lowest bidder in the amount of $107,479.
Mr. Aples stated that they were still in the process of evaluating Tri-
Tech and recommended council approve the bid contingent upon Cheatham's
evaluation and Tri-Tech meeting the financial requirements.
Councilman Boone moved to approve the 20th year project to include
Briarwood underground storm drain and water line contingent upon the
fact that Tri-Tech, Inc., meets all requirements set forth by Cheatham
and Associates, seconded by Councilman Kovach. Councilmen Boone,
Kirkpatrick, Kovach and Mundy voted aye. Councilman Wright opposed.
ITEM NO. 5 - Approval of contract with TMS Texas Municipal Services,
Inc., for municipal court collections.
Mr. Rowe gave a brief history regarding the firm from Austin which we
presently use and their collection procedures versus TMS, Inc., and
stated that in going with TMS, Inc., the savings alone would pay for
TMS, Inc., and help provide for a smooth transition to a Court of
Record.
Mayor Abbott questioned Ms. Rich on the backlog. Ms. Rich replied there
were hundreds of appeals, old citations, and 200 to 300 warrants.
Mr. Michael Dinapoli, Manager and Ms. Dianna Heiner-Daniel, Consultant
with TMS, Inc., were present to answer questions from Council. Ms.
Heiner-Daniel stated that she had visited with Ms. Rich over issues
involving backlogged cases and expressed how important is to get caught
up before going with a court of record system.
Mayor Abbott questioned the costs of TMS, Inc., services to bring the
court up-to-date. Ms. Heiner-Daniel replied that she has only had a
brief overview and not an accurate account of the citations but she was
2140
guessing 1,500 to 2,000 pieces at a charge of .30 cents per piece which
would not be billed against the city until 90 days.
Councilman Kovach inquired why it was good to get caught up before going
Court of Record. Ms. Heiner-Daniel replied you wanted to be caught-up
because once Court of Record has been established, the cases will not
be as easily appealed as before. Ms. Daniel also noted once Court of
Record you will be pushed to comply with guidelines otherwise plea
bargain will come in.
Mayor Abbott iterated that the bottom line was to be able to ask what is
there as collectible, what is there as delinquent, and what do we
possibly have to collect. We have never been in the position to
retrieve this information, and until we get to the point that all
records are input so we can see our liabilities and assets, it is not
going to be any good and we have not accomplished anything. Mayor
Abbott wants to get to the point that we can actually report what is
actually in the court system and we need to get this area stabilized
before the Court of Record comes in.
Councilman Kovach questioned how long it would take to catch the city
up. Ms. Heiner-Daniel replied within 90 days if not sooner.
Councilman Wright questioned what percentage the Austin firm collected.
Ms. Rich stated that she did not have that information available and had
problems with this firm trying to collect on accounts that have already
been paid.
Councilman Mundy moved to accept the contract with TMS, Inc., as
presented, seconded by Councilman Kovach. Motion carried unanimously.
ITEM NO. 7 - General Discussion.
Mr. Michael Box, Director of Development and Enforcement briefed council
on the trout release and stated that the children's fishing class will
be held February 4, 1995 at 9:00 p.m. Mr. Box also noted that the next
release would be held on January 27, 1995.
Chief Geeslin highlighted on the police department and stated that the
crime rate was down 61 percent from last year.
Councilman Wright questioned why the unaccounted water rate was so high.
Mayor Abbott replied that the city had a major water leak and that
accounted for the high percentage. Mayor Abbott said this brings out
the situation where relocation or location of major valves needs to be
in the budget or an ongoing item in the budget so when a situation
arises, the water can be shut-off.
Ms. Sherman Bruce questioned who repairs the houses and who determines
which houses needed to be repaired on the CDBG questionnaire. Mayor
Abbott stated CDBG requires that repairs are made to older homes through
the CDBG funds and what has been found within the City of Kennedale, are
the homes that would qualify otherwise, do not quality because a lot of
the homes have seven foot ceilings which will not qualify for funds, and
there are other requirements. Another item to look at is the point
system, which falls very low compared to the other projects.
Mr. Rowe replied that there is a county program and the funds are taken
out of the CDBG funds before it is allocated to the city and the county
2141
handles. Mr. Rowe encouraged Ms. Bruce to call the city for the number
if she was interested in pursuing the program.
There being no further discussion, Mayor Abbott recessed for five
minutes at 8:55 p.m. before entering into executive session.
Mayor Abbott reconvened into open session at 9:00 p.m. and entered into
executive session.
EXECIITIVE 3ES3ION
The City Council met in closed session to discuss advice about pending
or contemplated litigation, a settlement offer, or on a matter in which
the duty of the attorney to the City under the Texas Disciplinary Rules
of Professional conduct of the State Bar of Texas conflicts with the
Texas Open Meetings Act, pursuant to Section 551.071, Texas Government
Code.
RECONVENE INTO OPEN 3E332ON
Mayor Abbott reconvened into open session at 9:50 p.m.
ITEM NO. 2 - Approval of Construction and Maintenance Agreement for
bridge replacement or rehabilitation with Texas
Department of Transportation.
Mayor Abbott requested Council to table this item until additional
information has been received from Cheatham and Associates, then the
agreement will be reconsidered.
Councilman Mundy moved to table this item until staff has received
recommendations from Cheatham and Associates, seconded by Councilman
Boone. Motion carried with no opposition.
ITEM NO. 8 - Action on executive session items, if required.
Mayor Abbott authorized the street department to close the bridge on New
Hope Road as soon as possible, to order appropriate signs and barricades
based on the recommendation from Cheatham and Associates. In addition,
Council will reconsider what steps need to be taken to reopen New Hope
Road at the bridge at the earliest convenience and at the best costs for
the citizens of Kennedale.
Mr. Rowe advised that all residents will be notified on New Hope Road,
and Mayor Abbott requested that the Fire Department be notified so
alternate routes will be planned.
Councilman Wright requested that a notice be placed in the newspaper so
all citizens will be properly notified.
Mayor Abbott also noted that signs will be placed at cut-off points, not
only at the bridge.
1
2142
There being no further business, Mayor Abbott adjourned the meeting at
10:00 p.m.
APPROVED:
M yor Bil Abbott
ATTEST:
~~~~~~
City Se retary
L