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10/08/1992, Regular Meeting MinutesPage 1951 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING - OCTOBER 8, 1992 COMMUNITY CENTER Mayor Bill Abbott called the meeting to order at 7:30 PM. Members present were Mayor Abbott, Mark Wright, Robert Mundy, Pete Kirkpatrick, Tom Boone and Ron Kovach. Staff in attendance were Ted Rowe, Linda Gress, Vicki Thompson, Linda Royster, Joey Highfill, David Geeslin, Jerry Trammel, and Don Driver, City Attorney. ITEM NO. 1 - Consideration of Request for City Water Outside City Limits - Mae Simpson. Mayor Abbott stated that the Council has already passed a policy on water service outside city limits. Ron Kovach asked if Mae Simpson had been advised about the policy and application for annexation. Mayor Abbott replied that Mrs. Simpson had stated several times that she would not annex the property. She also has a copy of the policy. Ron Kovach made a motion to deny the request based on the policy set by Council. Second by Pete Kirkpatrick. Kovach, Mundy and Kirkpatrick voted aye. Wright and Boone voted nay. Motion carried. ITEM NO. 2 - Briefing by Waste Management on Alternative Access for Recycling Facility and Request to Use Dick Price Road. Mr. Norm Bulaich of Waste Management requested permission to use Dick Price Road for approximately 25 recycling trucks per day. The Fort Worth contract is scheduled to start soon. Mr. Bulaich Page 1952 thought that Arlington had tabled their recycling program and didn't know when they would reconsider it. Mr. Bulaich wanted to upgrade Dick Price Road by working with the city through a private municipal agreement to do whatever they can to route their trucks to the facility. They have five trucks that weigh 27,000 pounds loaded; these are smaller, lighter trucks that will take the recyclables to the facility. They are not the big garbage trucks that weight 37, 000 to 38, 000 pounds. Bulaich said that the road needs to be chip sealed and re-covered which should start immediately. The city presently receives 525,000 from the City of Fort Worth for the upgrading of Dick Price Road. Bulaich stated that the Water Commission has slowed down on issuing the permit. They are looking at another year before going to a public hearing. He said that a new road crossing the railroad tracks is not totally out. Bulaich suggested forming a committee to consider all the avenues, whether it would be to upgrade Dick Price Road to a four-lane or staying with a new road. Within the next two weeks the bailing will start and they will start the processing, now they are taking the majority of the materials to their Dallas facility. Waste Management has purchased the property on the corner of Dick Price Road and Everman-Kennedale-Burleson Road. They plan to clean it up and correct the visibility problem. They will be paving the driveways that are presently blowing dust. Mike Oden stated that they have estimated that their joint venture company has nine trucks fully loaded weighing 20,000 pounds each. They anticipate two trips per ,day, that would be eighteen trucks. They are also looking at Waste Management's seven trucks that weigh 37,000 pounds fully loaded making one trip a day. They will operate six days a week. Page 1953 Mayor Abbott stated that a committee would be assembled and they would contact Mr. Hulaich. Mark Wright and Tom Boone agreed to serve on the committee. The objectives of the committee are to evaluate the two proposed routes for access to the recycling facility and to the proposed landfill if the permit is issued. Once a decision is made on the best route, the committee should evaluate alternatives for upgrading or constructing the affected street and bring a recommendation to Council for action. Ron Kovach asked if the improvement to Dick Price Road was going to be a long time down the road or is it an immediate project. Mayor Abbott replied that it was an immediate project. Ted Rowe said there were two levels of improvement. If Dick Price Road is selected as the route and Council decided to have the road improved and/or widened, that would be something that would take place after the permit is granted. Right now we are talking about the recycling facility, so we will only bring the road up to the condition that would serve light weight trucks and last until it needs to be further improved or until the permit is granted. Waste Management and Fort Worth will pay for the improvements. It will not be paid by money of the citizens of Kennedale. Ron Kovach asked if the improvements would take place in March of 1993. Mayor Abbott said that will be determined by how much is going to be done and when the county could get to it. The county has their schedules and they also have to approve it. Ron Kovach asked why "request county assistance" was crossed out on the schedule. Mayor Abbott replied that the request for county Page 1954 assistance is only in a normal request for them to repair a road. The original request was for the county to participate in the financing and we don't want that at this point because the county has been pushing to get the dump trucks back onto Dick Price Road due to the City of Everman closing off truck traffic on Everman Parkway. The county wants to repair Dick Price Road to put 80,000 pound trucks on it. At this point the road will not be brought up to the standards to support 80,000 pound trucks. Motion by Tom Boone to grant a use permit to Waste Management to use Dick Price Road for access to the recycling facility for approximately 25 trucks per day. Second by Pete Kirkpatrick. Robert Mundy asked if the Council could revoke the use permit at a later date. Don Driver stated that the permit could be revoked but he would feel more comfortable if there was some kind of time limit on it. Mr. Bulaich stated the recycling facility is not going anywhere; they need access to it and they will do whatever it takes down the road whether they are annexed into the city or not. Ron Kovach stated that he would like to see a time limit on it. Ted Rowe stated that the number of vehicles puts a time limit on it because as their future use expands it would put more vehicles on the road. Boone. Kirkpatrick, Mundy and Kovach voted aye, Wright voted nay. Motion carried. Page 1955 ITEM K0. 3 - Discussion of Preliminary Plans of the Water/Street Department Building and Approval of Agreement for Architectural Services. Mike McCarty, architect for the proposed building requested council's comments preliminary plans as well as approval of an of services. Mr. McCarty stated that tilt-wall concrete structure with a p containing 3, 200 square feet. Water/Street Department and questions on the agreement for payment the plans were for a refinished metal roof The building meets the American Disability Act Standards. Ron Kovach moved to approve the agreement with Mike McCarty for 54,600 and in the future, Council to give further direction if they see fit. Second by Tom Boone and passed unanimously. ITEM HO. 4 - Approval of Interlocal Arson Task Force Agreement with the City of Southlake. Don Driver stated that the main purpose of the interlocal agreement is to make sure when they are called-in by our Fire Department they have the legal authority to investigate in case they have to go to court. Secondly, the agreement sets out who is liable in the case of damages or injury. Paragraph IX says Kennedale waives any claims we have against Southlake. Paragraph XII says we are not waiving any governmental immunity that we have if someone is suing Kennedale. If the arson investigation injures someone while on the job, we can't sue Southlake, but we can still raise our governmental immunity as to the person he injured. Paragraph XIV explains that if one section of the contract is unenforceable the rest of the contract is still valid. As of today's date the entire agreement is enforceable. At a later point, a court or statue may come along and make a portion of it unenforceable. Page 1956 Robert Mundy moved that the Interlocal Arson Task Force Agreement with the City of Southlake be approved as presented. Second by Mark Wright and passed unanimously. ITEM K0. 5 - Approval of Minutes dated September 15, 17, and 22, 1992. Ron Kovach made a motion to approve the minutes stated above, second by Pete Kirkpatrick. Motion carried without opposition. ITEM NO. 6 - General Discussion. Ken Pearce stated that the city had a policy 20 years ago regarding water service outside city limits. Property had to be annexed into the city or it could not receive water. Ken Pearce also complained about Council approving 50 trucks to travel on Dick Price Road after restricting dump trucks a few years ago. Mayor Abbott recessed the meeting at 8:30 PM. Mayor Abbott reconvened the meeting and entered into executive session at 8:40 PM. EXECUTIVE SESSION ITEM H0. 7 - Closed Session to Discuss Empployment Contracts - Ted Rowe and David Geeslin ( V. T. C. S. Art. 6252-17 Section (2) (g). ) Mayor Abbott reconvened the meeting into open session at 9:25 PM. ITEM N0. S - Action on Executive Session if Necessary. Robert Mundy moved that the City of Kennedale contract with Chief Geeslin be extended for the terms of the contract. Second by Ron Kovach and approved unanimously. Page 1957 Robert Mundy moved that a contract be drawn with Ted Rowe, City Administrator reflecting the same conditions as in the previous contract except that the renewal period will mirror Chief Geeslin's contract. Second by Mark Wright and approval was unanimous. Mayor Abbott adjourned the meeting at 9:32 PM. APPROVED: __ ~~ Mayor Bill Abbott ATTEST: City Secretary I~]