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03/08/1990, Regular Meeting Minutes1 Page 1696 KENNEDALE CITY COUNCIL REGULAR MEETING - MARCH 8, 1990 COMMUNITY CENTER - 7:30 PM Mayor Steve Radakovich called the meeting to order at 7:3@ PM. Members present were Steve Radakovich, Bill Abbott, Pete Kirkpatrick, Robert Mundy and Mark Wright. Jerry Mitchell was absent. Ted Rowe gave the invocation. CONSENT AGENDA ITEM NO. 1 - Consideration of minutes dated February 8, 1990 and February 15, 1990. ITEM NO. 2 - Approval of Change Order to Roll-Up Screen for Law Enforcement Center. ITEM NO. 3 - Approval of Budget Amendment to Repair Temporary Library Building. ITEM NO. 4 - Approval of Emergency Purchase of Trinity #2 Well Control Module. Mark Wright asked if the building was going to be committed to the library. Mayor Radakovich stated that the building will be temporarily used for the library. The city is to repair the damaged corner of the building and the Friends of the Library will be responsible for remodeling the building. Motion by Pete Kirkpatrick, second by Robert Mundy to approve Items 1 through 4 of the consent agenda. Motion carried unanimously. Page 1697 ITEM N0. 5 - Mr. Fred Williams to address Council Concerning Drainage at 108 Oak Ridge Trail. Mr. Fred Williams, 108 Oak Ridge Trail, stated that the had tried to get the drainage easement problem taken care of for two years. Before the house next door was built, he notified the city that the water problem existed. Mr. Williams presented an engineer drawing showing the size of the drainage easement. The water was supposed to flow over the driveway but there is a hole and the water is diverted back to Mr. Williams' house. Ted Rowe asked Mr. Williams if he had talked to his neighbor about the impact of the hole. Mr. Williams replied that he had not and he did not want to bother with that. He said it should have been taken care of before the house was built. Ted Rowe had informed Mr. Williams a long time ago that the city doesn't have any legal standing in the drainage problem, it's really between Mr. Williams and the developer or land owner. The 10' x 1' drainage order to do the fob as computed by Cheatham. Ted Rowe stated that the land owner is responsible for the drainage easement after the developer moves on. City Attorney, Don Driver stated that the city has no legal standing in making that land owner correct the drainage or making him pay Mr. Williams for any damages. It is a private dispute. ITEM NO. 6 - Mr. Ray Johnson to address Council Concerning Landscaping along North Road. Item No. 6 was removed from the agenda as requested by Mr. Ray Johnson. easement was drawn up by Eddie Cheatham and Associates. The intent of the letter was to let him know how big it had to be in Page 1698 1 u ITEM KO. 7 - Action to Establish Board of Adjustment and Appoint Members. Council submitted the following names for consideration for appointment to the Board of Adjustment. Perry Hoover, Steve Hayes, John Berry, Danny Greenfield and Kerry Cashion. Mayor Radakovich added George Roberts and Don Lyon to the list for consideration. Don Driver submitted an ordinance that was amended to comply to the current law. The amendment changed the staggered three year term to a staggered two year term of office. Some members will serve a one year term for the first year, then when their term come up again they will serve two years if reappointed. The consensus of the Council was to delay appointing the B.O.A. members until all could be contacted and possibly interviewed at the next meeting. Robert Mundy moved to approve Ordinance 90-3 as presented by the City Attorney establishing a Board of Adjustment with the amended terms of appointment. Second by Pete Kirkpatrick and passed unanimously. ITEM H0. 8 - Approval of Council Position on Widening of Mansfield Highway (Loop 496) and Briefing by Highway 287 Committee. Roger Hurlbut of the Business 287 Improvement Committee addressed the Council. The Committee was created in the fall of 1988 and is composed of representatives from three cities, Kennedale, Mansfield and Arlington. The committee ran a survey in Kennedale, taking ten different demographic areas within the Page 1699 city. Approximately 200 people were surveyed and 89% of the people wanted something done about Highway 287. After the survey, the committee defined their goals, defined what the problems were perceived to be and what possible solutions there were. They began a process of a possible solution to the problem which is primarily the appearance, lack of uniformity and some of the types of business. One possible solution is being a cooperative overlay district between all three jurisdictions. The county was contacted and is likely to participate in the future, since a portion of land is located in the county. Ted Rowe stated that the county didn't have the authority to zone but there was a change in the last legislature for salvage yards. They can be required not to have any junk within 50' of the right-of-way. The district attorney submitted information to the commissioners court regarding trying to encourage them to increase their enforcement of sexually oriented businesses. After the survey was received, the problem areas identified were (1) antique dealers and used goods (2) salvage yards (3) signs (4) bars (5) general appearance (6> outside storage (7> parking in the right-of-way (8) unsightly building materials. The committee is looking at uniformity among ordinances, joint P&Z and Council efforts, protecting the business owners interest, property owners interest and the citizens' goals. A joint public meeting is tentatively set for March 29th at the Kennedale Community Center. Mayor Radakovich discussed the impact on Kennedale businesses if the State Highway Department widened Highway 287 to a seven lane Page 1700 thoroughfare. a highway to left turn lane with people dr that it is a was two lanes. Ted Rowe explained that Edgecliff Village widened seven lanes; two lanes each direction, continuous and two parking lanes. They are having a problem iving in the parking lanes. Chief Geeslin stated much more dangerous highway now than it was when it The bridge is going to narrow down to four lanes. The reason for the seven lane is they have had problems with cities before where cities have put out money to put in curb/gutter and drainage systems. As the traffic increased the Highway Department would come back in and say they need to widen the road and put in two more lanes. Then the cities would have to pay to move the utilities again, the curb and gutter had to be torn out which was an additional cost. Edgecliff Village was one of the first cities where the state actually paid for the curb and gutter. That's to eliminate that problem. To prevent the cities from having to move utilities again, they want to make it two lanes wider than they think they're going to need so if it does have to be widened in the future, there won't be any adverse impact. Bill Abbott was concerned about diverting from the master thoroughfare plan. The Mayor had a document from the State Highway Department received approximately three months before the public hearing that listed Mansfield Highway as Loop 496 and reconstructing it from two lanes to a four lane with a continuous left turn lane. Previously Ted Rowe had talked to Billy Hardy and he said it would be constructed in the existing highway right-of-way. Motion was made by Bill Abbott, second by Pete Kirkpatrick, to stay with the five lane highway if that's the way it's shown on the master plan. Motion carried without opposition. Page 1701 ITEM K0. 9 - Consideration of Approval for Reconstructing Averett Road Bridge and Budget Amendment if TIecessary. Ted Rowe explained that the city had an agreement with the State Highway Department to reconstruct Averett Road Bridge in 1985. The agreement stated that if we back out of the contract, the city would be responsible for the engineering fees. Originally the city's share was to be 510,200 and the total amount was going to be 550, 000. After approval by Council, it was a year before they started any planning on it. After the design was complete the Highway Department said the cost was going to be 5248,000 and the city's share is 549,606 instead of 510,200. That was in March 1989. The bridge had to be designed to carry the 100 year flood. It was going to be a raised structure and 60' of additional right-of-way was needed. Ted Rowe talked to them about a smaller bridge. The Highway Department uses federal funds and funds from cities. If the city pulls out now the city still owes the 519,656 for engineering fees. They have received authority from the state to deviate from the state specifications if the cities desire. They are now considering a precast culvert structure costing 5179,900 which would cost another 55,000 to design. The cities share would be 530, 880 instead of 545, 000. They inspected the bridge in 1984 and found it to be deficient. A weight limit sign of 7,500 lbs. had to be put up. The city is liable for damage caused by the inadequate bridge. Updated figures on the designated funds of Averett Road shows to be 57, 901. 21 leaving a balance due of 522, 979. 33 to meet their requirement. The costs are estimates. Page 1702 Motion by 522, 979.33 to the Designated Kirkpatric carried. Bill Abbott, to to be taken from the 57, 901.21 f or the Funds, second by k and Mundy voted approve General Averett Pete aye. a budget amendment of Fund Reserves and added Road Bridge Project in Kirkpatrick. Abbott, Wright voted nay. Motion [i I ~_ ITEM HO. 10 - Consideration of Replacement of Fire Trucks. Mayor Radakovich presented a check. in the amount of 5700 from Koch Pipeline Construction to the Fire Department. Ted Rowe informed Council that two trucks were in operation and two were out of commission. It would take approximately 520,000 for each truck to be repaired with no guarantee. Mayor Radakovich has applied for a 5200,000 grant to replace one truck. The other truck can be funded by the General Fund Reserves, from a loan or lease/purchase agreement. The consensus of the Council was to go out for bids on the fire truck. Bill Abbott requested the bids to be of a general nature. ITEM KO. it - General Discussion. There was no general discussion items. Motion was made by Pete kirkpatrick, second by Robert Mundy to adjourn into executive session at 8:50 PM. Motion carried unanimously. Page 1703 ITEM NO. 12 - Consideration of Land Sale to Gary Cox and Litigation with City of Fort Worth. (Section 2(e) Article 6252-17 V. T. C. S. ) '.. e i c y e owe Motion to reconvene into open session at 9:30 PM. by Pete 1Cirkpatrick, second by Bill Abbott and unanimously passed. ITEM KO. 13 - Action on Closed Session if T[ecessary. Motion was made by Bill Abbott, second by Robert Mundy, to approve an agreement with the City of Fort Worth regarding payment to Kennedale for the use of Dick Price Road. Motion carried unanimously. There being no further business, Bill Abbott made a motion to adjourn at 9:33 PM., second by Robert Mundy. Motion approved unanimously. APP6M7VED ayor eve a a ovic ATTEST: i y ecre .ar