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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