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02/08/1990, Regular Meeting MinutesPage 1686 KENNEDALE CITY COUNCIL REGULAR MEETING - FEBRUARY 8, 1990 COMMUNITY CENTER Mayor Steve Radakovich called the meeting to order at 7:36 PM. Members present were Steve Radakovich, Bill Abbott, Pete Kirkpatrick, Robert Mundy and Mark Wright. Jerry Mitchell was absent. Ted Rowe gave the invocation. ITEM NO. 1 - Approval of minutes of a public hearing and regular meeting dated January 11, 1990 and a special meeting dated January 27, 1990. The minutes stated above were approved as submitted. ITEM NO. 2 - Briefing by Codification Companies and Award of Contract for Re-Codification of the City Code. Both David Lewis of Governmental Services Agency and Dale Barstow of Municipal Code Corporation made presentations to City Council. They summarized company background, experience, costs, payment schedule and procedures in the re-codification process. Mr. Lewis stressed that they only do codification in the State of Texas. They feel that this specialization helps keep them better abreast on Texas law. Jack Russell or David Lewis would be Page 1687 handling the codification if awarded the contract. The fee 58,500 with no restrictions on the number of pages. Also as a part of the proposal, they quoted a price of 53,500 to assist in preparing a new zoning ordinance, contingent upon them doing the codification. Mr. Lewis allowed ten months for the codification, but felt it could be done within eight months. Mr. Barstow stated that one attorney would be assigned to codify the code. The fee is 58,700 with a limit of 300 pages. The completion date is estimated at 12 months. Mr. Barstow agreed to remove the cap of 300 pages from the proposal. A sample ordinance service is available for 5180 per year, after delivery of the code. It was recommended that the code be updated annually. Motion was made by Bill Abbott, to award the codification contract to Municipal Code Corporation in the amount of 58,700 eliminating the 300 page cap, second by Mark Wright. Motion carried unanimously. ITEM K0. 3 - Action on T.U. Electric Rate Increase Request. Mr. Sid Dechert of T.U. Electric Service Company explained that they would be in low power operation within 45 days at Commanche Peak and apply for a high power license at the end of six months. T. U. Electric applied to the city for a 10.2% rate increase on January 16, 1990. In March 1984 a request for an 8% rate increase was denied by the by the cities and the Public Page 1688 Commission tPUC). They have not had an increase since January 1984. Today electric rates are about where they were in 1982. T.U. Electric rates are the sixth lowest out of the 25 largest cities. From 1984 to mid 1989, 330,000 customers have been added. Over seven million dollars has been invested in new plant and equipment cost. Their bond rating has declined from AAA in 1984 to BB2 at the end of 1989. Mr. Dechert stated that they are requesting the absolute minimum that is necessary to help stabilize their financial situation and enable them to attract the capital that's necessary to continue their purpose of providing the customers with reasonably priced electric service that is dependable in quality. If the City denies the rate increase, T.U. Electric will appeal to the PUC. The PUC will make the ultimate final ruling on the rate increase, whether the city approves or denies the request. Motion by Bill Abbott, seconded by Robert Mundy, to approve whatever rate is ultimately approved by PUC. Motion passed without opposition. Ted Rowe stated that Sammons Cable Company does not get approval of its rates by the City Council, it's controlled by the Federal Communications Commission. The FCC has given the cable companies the authority to set their own rates. ITEM HO. 4 - Possible Participation in the Tarrant County Utility Coordination Council (TCUCC) and Adoption of TCUCC Standardization Policy. Mr. Sid Dechert stated that the organization is made up of cities, utility companies, State Highway Department, Tarrant County and COG. It is basically everyone involved with what goes i~ Page 1689 on in the public road right-of-ways. The TCUCC is recommending that the cities adopt a policy that will allow 15' of parkway outside the roadway for utility placement. Every utility has a designated place within that right-of-way. They are recommending to either adopt the 15' parkway outside the road way or adopt a 10' parkway and require the property owner to dedicate 5' utility easement on the front of the private property. Motion was made by Mark Wright, seconded by Pete Kirkpatrick, to adopt the TCUCC Standardization Policy. Motion carried unanimously. ITEM HO. 5 - Issue Order for Election May 5, 1990. Motion was made by Pete Kirkpatrick, second by Robert Mundy, to issue an order for the city election, May 5, 1990. Motion carried unanimously. ITEM HO. 6 - Appointment of Election Officials. Motion by Pete Kirkpatrick, second by Robert Mundy, to appoint Doris Conatser as presiding judge and Lois Thompson as alternate judge. Motion passed without opposition. ITEM H0. 7 - Briefing by City Attorney on Requirements and Authority of the Board of Adjustment. City Attorney Don Driver passed out copies of the state law pertaining to the Board of Adjustment (BOA). In years past, city council has basically acted as the B. 0. A. The B. O. A. makes determinations on variances in zoning and special exceptions. I U Page 1690 Also if the building official refuses to issue a building permit the person can appeal to the B.O.A. to try to get that decision reversed or if that permit is issued and a neighbor doesn't think that permit should be issued, he has the right to appeal to the B.O.A. An example is when people apply for a variance to move in a mobile home, it is a function of the B. 0. A. The Attorney General came down with a ruling that said city councils can no longer act as a B. 0. A. State law requires that the B. 0. A. has to have five members who are appointed by the city council for a two year staggered term. You can also have four alternate members. The B. O. A. basically sets its own rules; when they will meet and how they will conduct their meetings. Once the B.O.A. has made a decision it cannot be appealed to the City Council. Mayor Radakovich wanted the record to show that council is in the process of developing a B. 0. A. Bill Abbott made a motion to rescind Ordinance 86-9 relating to Board of Adjustment procedures and direct the city attorney to draw up a new ordinance creating the B.O.A. as declared by the state attorney. Second by Pete Kirkpatrick. Motion carried unanimously. ITEM HO. 8 - Consideration of nominees for Board of Adjustment and Appointment of Board. The B.O.A. nominees are to be submitted to Ted Rowe and interviewed by Council at a later date. Motion by Bill Abbott, second by Robert Mundy, to table the Page 1691 item. Motion carried without opposition. ITEM HO. 9 - Selection of 16th Year Community Development Block Grant Project. Ted Rowe described the potential projects as reconstruction of Harrison Drive and possible parking at the Senior Citizen Center. At the special meeting January 27, 1990 council decided to delay until next year, about 525,000 worth of projects that were included in this years funding. We have received 579,000 total, 58,000 was for engineering cost, which left approximately 571,000 to use for the project, moved 525,000 to next year that leaves 56,461. Hext years allocated is going to be about 560,000 to 565,000 if we have the same level success as this year. The delayed work is 525,000 so we only have between 535,000 and 540,000 for next year. The Harrison Drive reconstruction project is estimated at 576,000. That's about twice the amount of funds that are expected to be available. Part of this is due to the new procedures the county is using to not carry forward any funds from one year to the next. That means that the 56,400 is lost. There isn't enough information to allow consideration of the sewer project. We know that we need some manholes rebuilt and there is infiltration of water that affects the amount of sewage fees that is paid to Fort Worth. That information should be gathered this summer to be used next year. The only alternative project is the parking area around the Senior Citizen Center. This project is one where we can make the size of the project fit the funds that are available and not lose any of the money. Page 1692 Rehabilitation to the old police station does not qualify because it is not a community center or senior citizen center. The 56,400 that we are giving up this year cannot be used for a re-study on the impact zone because it is a completely different fund source. Mark Wright made a motion to put back the portion of Korth Road and 3rd Street at 524, 991.50 and a budget amendment of 518, 529.90 from the water fund reserves to supplement the CDBG funds and complete the entire project this year. The motion died due to the lack o~ a second. Motion by Bill Abbott to approve the parking at the Senior Citizens Center along with the 525,000 portion of the delayed water project. Second by Robert Mundy. Abbott, Mundy and Kirkpatrick voted aye. Wright voted nay. Motion passed. ITEM H0. 10 - Selection of Projects for the Hazard Mitigation Grant Program. Motion by Robert Mundy, second by Pete Kirkpatrick, to table this item due to lack of information. Motion passed unanimously. ITEM HO. 11 - General Discussion Mr. Elmer Mosley of 1208 Vera Lane questioned council on the procedures on getting sewer lines on Vera Lane which is presently on septic tank systems. Mr. Mosley was informed that it may be possible to tie onto the sewer line in Steeplechase Addition located east of Vera Lane. The subject is being discussed with Ralph Shelton. Funding the project will be considered in the budget worksessions. Assessment to the property owner may be part of the solution. Page 1693 Chief David Geeslin requested council to consider a screen to secure the court clerks area and access into the dispatch area. The dispatch area can be taken care of with a dead bolt. It takes six weeks for the screens to be made up and two weeks for shipping. There is about $8,000 in savings on construction costs and 410,000 on move-in costs, so there is money available from the allocation for the new building. Ted Rowe suggested that council informally give their approval for Chief Geeslin to proceed with the procurement of the screen and schedule a change order on the next council agenda. It was the consensus of the council to tentatively approve the change order. Motion by Mark Wright, second by Pete Kirkpatrick to enter into executive session at 10:20 PM. Motion approved unanimously. ITEM N0. 12 - Litigation with City of Fort Worth (Section 2 (e ) Art. 6252-17 V. T. C. S. ) Certification by Ted Rowe Motion to reconvene into open session at 11:35 PM. by Robert Mundy, second by Bill Abbott and unanimously passed. ITEM NO. 13 - Action on Closed Session Item if Necessary. There being no further business, Robert Mundy made a motion to Page 1694 ' adjourn at 11:36 PM., second by Bill Abbott. Motion approved unanimously. APPR ~ D ~~Q Mayor Steve Radakovich ATTEST: i j City Secretar 1