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04/22/1993, Special Meeting MinutesPage 1995 MINUTES OF KENNEDALE CITY COUNCIL SPECIAL MEETING - APRIL 22, 1993 COMMUNITY CENTER Mayor Bill Abbott called the meeting to order at 7:20 pm. Members present were Mayor Abbott, Mark Wright, Robert Mundy, Tom Boone and Ron Kovach. Pete Kirkpatrick was absent. Staff in attendance were Ted Rowe, Linda Gress and Vicki Thompson. ITEM NO. 1 - Discussion and Approval of Contract with Kennedale Youth Association. Kennedale Youth Association board members present were President Marty Norrell, Ron Nicholson, Debbie Phillips, Rodney Swindell, Janie Reagan, Lynn Bullard, Vicki McKelvy, Taiamy Scott, Mary Alcantar, Pam Swindell, Mr. Andrews and Jim Adair. Copies of the basic contract were distributed to the board members. Mayor Abbott advised that some things needed to be added t;o the contract and the KYA requirements to supply the city with specific information as outlined in the contract. The schedule of events should be on file with the city at all times, all alterations or new construction requires city approval, quarterly financial statements shall be furnished to the city, are requirements in the contract. Marty Norrell is checking to see if L-he KYA is a non-profit or for profit organization. They have sent off for a non profit i,ax exemption. Mark Wright stated that the KYA was registered as a non profit organization when it was formed. The paper work has gotten disorganized over the years. Mayor Abbott requested the KYA to furnish the paper work within six months that states the organization is non profit. The reason is if there is a liability with the city, the city cannot affiliate itself with a for profit organization because tax dollars are involved. A for profit organization must collect sales tax according to the city attorney. An exert from the IRS states a non profit organization does not have to collect sales tax on sales that are made by children under the age of 1$. That is the only exception that Page 1996 they have. Most youth organizations are interpreting that is if you are making sales from the concession stand, someone under the age of 18 has to be handling the money. Having only one fund raiser per year per organization was discussed. If 'the KYA is a registered non-profit organization they will have to file income tax every year. The Mayor requested a copy of the income tax statement so that the city would know that the KYA is current in their status. Mayor Abbott was concerned with the expansion of KYA. Mayor Abbott recited questions commonly ask him 1) where can we build a new park, 2) what ot~fQUl~1cilit~~~n~, ot,q~ city give us. The ci Ly isn' t opposed to --~-:r~rt~~fac -ill ~ies lt~.ol i.he KYA, -the problem is that the expansion continues and doesn't know where it ends. The reason For the list of ball players and their physical location is to determine how many kids are coming from outside Keririedale city limits. Mayor Abbott has talked to MarL.i Van Ravenswaay, Commissioner Precinct 2 about Kennedale being the perfect location for an interlocal youth park. She likes the idea but doesn't know how it would be setup. Council likes the facilities that KYA maintain and the way it has been upgraded. The city sees the demand for facilities are increasing. Expanding across the creek has been discussed but then the public park is invaded. There is a sanitation problem with the restroom trailer. The KYA boundaries were the same as the school district. Presently they extend from I35 to I30. A board member stated that there is approximately 10 to 20 out of 650 children from outside the school district boundaries. Ted Rowe explained that the city is separate from the school district and the school district collects taxes throughout their area. The city is much smaller than the school district and don't receive taxes on those properties outside of the city limits. Mayor Abbott announced that council is working on a five year plan and requested the KYA to do the same and share it with council. If the council knows what the plans are they can plan for the ballpark. The public parks still need to be upgraded and maintained. Robert Mundy reminded everyone that the council works on -the budget for a three month period and two weeks prior to voting, KYA comes in with a request. Page lyy/ Mayor Abbott asked KYA to consider charging a fee for children living outside city limits. Marty Norrell stated that KYA doesn't charge for playing ball. The fee covers insurance, shirts, hats, trophies, pictures, free drinks after games and umpires. Ron Kovach stated that the city by contract gives the fields to the KYA because the majority is from Kennedale. The city cannot dictate to the KYA who they can include and exclude. Mayor Abbott said a lot of people would disagree, the majority of kids aren't from Kennedale. Ron Kovach likes the grow-Lh of the organization and the other people coming in. It brings people into the city and they spend money here. Ron Kovach stated that the KYA could give council the percentage or number of people outside the city limits. He wasn't interested in looking at a list of every player on every team. You have to keep in mind that it's for the kids. Ron Kovach understood that if tax dollars were going to be spent to build three new fields because we have all Tarrant County playing here but we're not to that point yet. The Mayor stated that they are requesting new fields now. Ron Kovach said they have come back every year and KYA also understands that the city has limited tax dollars. Mat•k Wright mentioned that other cities have played on these fields for years because Kennedale wash't large enough and had to interlock with them. Robert Mundy pointed out that the city's charter is to watch out for the citizens of Kennedale to benefit them. He had no problem with non Kennedale children playing on the fields if as long as it benefits the citizens~0~ t~C.K11'~e.dd~,~~2...' e,~ (ollatQ3 The Mayor offered to help Marty Norrell with setting up a reporting system including software/hardware. Ron Kovach asked if the KYA had insurance or indemnification that would protect the association or the city other than the kids coverage. Marty Norrell replied that the ball layers, coaches, umpires and concession workers are covered. Marty Norrell Page 1998 requested that paragraph 5 be changed to drop the #300 water payment and only pay fifty percent (509b) over $1,500. Mayor Abbott requested on demand access during the season and keys in the off season months. This item is to be listed iti the contract. On demand access meaning a scheduled time within reasons. Marty Nowell conveyed that the restrooms were the city's. The responsibility for maintaining them is questionable. There is a sanitation problem with the restroom. Mayor Abbott suggested a meeting to discuss the restrooms, possibly including Waste Management and also discuss other options for restroom facilities. Marty Nowell is in the process of obtaining parts to repair the urinals and doors on the restrooms. It was questionable if the restroom trailer should be kept. A survey is being done to see if it is possible to install sewer. KYA paid for -the existing sprinkler system and the city will reimburse them. Marty Nowell will discuss the sprinkler system for the pony field with the KYA board. Mark Wright requested the KYA draw-up a plan showing where all the utilities are located. It was the consensus of the Council and KYA Board for the contract to be renewed in the month of February. Ron Kovach requested a percentage of people outside the city. Mark Wright requested to know how many people are outside the KISD area. Ted Rowe reiterated that we need to know the number of children that live in Arlington to use for negotiating power with Arlington to join in with the county and Kennedale for a joint facility. Mayor Abbott suggested a summary list on inside city lisiits, outside city limits but in KISD and outside KISD. Debbie Phillips stated that there are ?5 children out of 650 that does not live in the KISD boundaries. Page 1999 I~ u Marty Nowell revealed that a child had broken his ankle a few nights ago. Mayor Abbott requested that the City be notified when accidents happen. The city will contact the city attorney for information regarding liability. Mayor Abbott requested the KYA to prepare a proposal on repairing the parking lot. The following is a summary of contract changes: 1. Add to paragraph 6 the requirement that unsupervised children will not be permitted within the Community Center or on that properly during any KYA meeting or training. 2. Add to the first sentence of paragraph 1, "in accordance with provisions of this contract." 3. Add to paragraph 2, "The YOUTH ASSOCIATION shall furnish the CITY a summary list of all registered baseball and softball team members and board members not later than ten (10) days after registration is completed. (Board members added per Mayor Abbott. Summary list, per Ron Kovach) 4. Add to the third from last sentence in paragraph 2, "by submitting plans and obtaining written approval for new construction.' (For new construction, added per Mayor Abbott) 5. Change paragraph 5 to eliminate the $300 initial water payment and KYA to pay 5096 over $1,500. (Added per Marty Nowell ) 6. Add new paragraph to state that the KYA will provide on demand access Lo the buildings and fields within a reasonable time and a set of keys to be furnished to the City during Lhe off season. (Added per Mayor Abbott) 7. Add to paragraph 8, community center. (Added per Robert Mundy) 8. Change paragraph 1, contract to be reconsidered irs February. Motion by Robert Mundy, second by Mark Wright to table the contract with the KYA. Motion was unanimous. Mayor Abbott recessed the meeting aL 8:25 pm. Mayor Abbott reconvened the meeting at 8:35 pm. Page 2000 ITEM NO. 2 - Selection of Engineering Firm for Tarrant County 19th Year Community Development Block Grant (CDBG) Program, 1993. Motion by Mark Wright, second by Ron Kovach, to select Eddie Cheatham and Associate for engineering services :for -the 19th Year CDBG Program. ITEM NO. 3 - Approval of Abandonment of Plat, Lot 21R, Block 3, Hillside Addition. Linda Gress explained that the p1aL- was previously approved but never filed because engineering fees were not paid and complete information was not submitted on the plat. Mr. Cooper has paid the engineering fees and asks withdrawal of the plat due to the illness of Mr. O'Brien's wife. Motion by Tom Boone to approve the withdrawal of the replat of Lot 21R, Block 3, Hillside Addition. Second by Ron Kovach and approval was unanimous. TEM NO. 4 - General Discussion. Council scheduled a special meeting for May 6, 1993, 6:00 pm., to canvass the May 1st election. Mayor Abbott stated that staff recomn-endations are only suggestions to council for any possibility. It was noted that information is open records. Ted Rowe stated that there is a problem with children from outside the city in that, legally the city has been advised by the city attorney, the city is not supposed to be spending city tax payers money on non-residents. Ron Kovach looks at it as when the city gives money it's :for maintenance of the facility, the city rents the facility to them and the members are recognized as a Kennedale Association. The city supplies water and electric to the ball fields. If the city doesn't get assistance from Arlington and the county to help build ari interlocal facility, the city is accepting responsibility for buying more land and building more fields to take care of the children outside the city. 1 Page 2001 Mark Wright suggested that the schools build fields during -their expansion. Mayor Abbott informed Council that a bid for dirs. work in the amount of $500 has been received to flat-ten out t}ie land between the police station and senior citizen center for use as three T- Ball rields. It will also provide a park area for Lhe senior citizens and correct the drainage. Mark Wright questioned why the City of Fort Worth was going to re Lain the MURF. He stated that one of the conditions on furnishing water was for Waste Management to annex their property into the City of Kennedale. Mayor Abbott replied that the City of Fort Worth wasn't going to give up the MURF and it was never a viable option. There will be a contract with the City of Fort Worth and not with Waste Management. Ted Rowe explained the ETJ more property to the west ai Mayor Abbott committed to owners Lo ask them if there can assure the citizen when lines and proposed changes to include yid south of the present city limits. writing a letter to the race track was some agreeable time that the city going to close at night. Council discussed three memos from the Fire Department explaining radio communication problems. Mayor Abbott attended a seminar on refraining, a system that Lhe FCC came up with to reallocate air space. They are taking the current channels and changing the frequencies that a radio will operate in, meaning the band that it actually recognizes. By doing this, for every six channels, they will gain one channel. They are creating more channels but they will not be available. You would be spending the same amount of money to get the equipment up. The 800 Mhz provides the number of talk groups that you'll be able to create, the portability of the equipment, the interlocal ability to talk to other agencies such as Arlington, Fort Worth and Tarrant County and the ability to move up in the system. The new system starts in 1994, upgrades in 1996 and 2004. The interest rates have dropped. A commitment has to be made by November to retain Lhe same proposal as far as the base amount. The price has been reduced by eliminating the street and water departments. They Page 2002 can use the old police departmer-t system. One year into the system, then buy one radio for each and have a call group for supervisors only. The supervisors can call their people on the old police system. Approximately $60,000 will be eliminated by doing it that way. The interest rate is based on the year and arreas. They bill on the shipping date, not on the date ordered. If the commitment is made in June and allowing five months for shipment plus one year, the payment would be due in 1995. Payment plans was briefly dl'.3CilSSed . Mayor Abbott asked about additional above ground storage for water. Ted Rowe stated that the water fund is -trying to save money for water storage. The water fund does not have three months of operating funds as a reserve. When the city was selling a lot of water in the dry years the city was making money at the current rates. They are looking at the water rates for this years budget so -the council can receive information for a possible rate increase. The above ground storage is required to meet the minimum state requirement for storage per individual that's in the city plus the requirement of 2596 or 3096 of the water capacity of the tower to be reserved for fire. There is not state requirement that says that the city has to provide water in the storage tank for fighting fires. But you need water to fight fires. It should be done fairly soon and it can be done on a bond issue. The requirement is two 500,000 gallon above ground storage or one 1,000,000 gallon tank. The one million gallon tank is to big. More water problems can be solved by having two smaller ones and probably spend less money. Used tanks that are fairly modern can be purchased for less than a dollar per gallon. A 500,000 gallon installed tank would cost approximately $425,000 to $450,000, plus the land. Grants are no L- available. Robert Mundy suggested being ready for a bond election soon if the school bond election should fail. Mayor Abbott did not want to limit a bond election to water only. Ted Rowe is in the process of identifying the streets that Tarrant county will maintain, streets to be reconstructed with CDBG funds and streets that need city funding. Page 2003 Mayor Abbott stated that the addition CDBG money will not be funded any -time soon. Ted Rowe looked at a mower that cost $22,000 but ii, down''t take care of ditches. Budget information and cost on computert~ will be provided at the May 6th meeting. Contracting with Tarrant, County for tax collections was dis~cus~sed and staff was instructed to gather information for consideration. Mayor Abbott adjourned the meeting at 9:40 pm. APPROVED: ~~/~/9-3 ,. Mayor Bill Abbott ATTEST: --~ City Secretary