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07/13/1989, Regular Meeting Minutes1625 Kennedale City Council Regular Meeting - July 13, 1989 Community Center Mayor Steve Radakovich called the meeting to order at 7:38 p.m. Members present were Steve Radakovich, Bill Abbott, Pete Kirkpatrick, Robert Mundy and Mark Wright. Jerry Mitchell arrived at 8:15 p.m. Invocation was given by Gary Cooper. ITEM NO. 1 - Approval of minutes of a regular meeting dated June 8, 1989. Linda Jones said that "motion carried" had been added to the two motions listed under item 6. Motion was made by Robert Mundy, seconded by Bill Abbott, to approve the minutes as corrected. Motion carried unanimously. ITEM NO. 2 - Approval of Ordinance 89-13 - to Bingo Tax. The ordinance basically authorizes the city to impose a one percent (lo) gross receipts tax on the conduct of bingo games and adopts applicable portions of the Bingo Enabling Act. The ordinance is required by the State Comptroller of Public Accounts to collect subject tax for the city. Mark Wright questioned the wording in Section 5-1 - "bingo is lawfully conducted." He suggested it be changed to "any gambling conducted." Don Driver said it would change the effect of the ordinance. It has to be a tax collected by the state comptroller and we don't have any control over that. Mark Wright made a motion, seconded by Pete Kirkpatrick, to adopt Ordinance 89-13, regarding the collection of the 1o Bingo Tax. Motion carried. ITEM NO. 3 - Approval of Closing a portion of Sixth and Spiller Streets. Ms. Signe Edwards and Marty Norrell are requesting approval to close the 200 block of West Sixth Street and the 100 block of South Spiller Street, bounded by Broadway Street, Chitwood Street, Mansfield Avenue, and Sulphur Street. Ms. Signe Edwards explained that she was selling part of the property and felt it would be better to have the streets abandoned since they probably won't be used, in order to replat it to sell it. Mark Wright questioned the access to the other properties. Ms. Edwards explained that all properties have access by either Broadway, Sulphur, 1626 Regular Meeting - July 13, 1989, Cont. Chitwood or Mansfield Avenue. Bill Abbott asked if a sale was contingent upon the closing of the street? Ms. Edwards replied possibly, but no contracts were signed. Robert Mundy was concerned about P & Z reviewing the plan first. He was thinking that 10 or 15 years later, about Sixth Street dead-ending and having to go around, so forth. He would like to know what is planned for that area, regarding thoroughfare plan, etc. Steve Radakovich stated that when we close the streets, we will be giving Ms. Edwards approximately an acre of land that belongs to the City of Kennedale. Mayor Radakovich asked Ms. Edwards to consider trading land near the ball park. Bill Abbott made a motion, seconded by Pete Kirkpatrick, to table this item until a later date. Motion carried unanimously. ITEM NO. 4 - Approval of Preliminary Plat and Developer's Contract on Quail Creek. Ted Rowe informed Council that P & Z had a work session Tuesday night, July 11, 1989, and Cheatham reported on the status of the water for this 335 home subdivision which is equivalent to ;the size of the city at the present time in roof tops or in population. Information was not available to specify that there would be no adverse effect to our water system if that subdivision were added. A water study is needed to supply that information. In view of the fact that the water situation is basically unresolved, Mr. Ralph Shelton requested to withdraw from the agenda. ITEM NO. 5 - Approval of Budget Amendment - Construction of Police Facility and Move-ln Costs. Ted Rowe stated that the architectural fees and construction for the police facility had previously been approved, but a budget amendment is required to properly account for the cost. A budget amendment of the following was requested: Architect $ 12,000 Construction $414,900 Move-in Cost $ 72,901 10% Change Order $ 41,490 t i~ Chief Geeslin presented samples of furniture from the police department. Chief Geeslin stated that the security locks for $6,331 could be deleted 1627 Regular Meeting - July 13, 1989 fran the move-in cost because Peterson Construction is going to install them. Geeslin explained the battery back up system. Buying furniture and the bid process was discussed with the city attorney. Motion was made by Bill Abbott, seconded by Mark Wright, to make a budget amendment of $493,470, which does not include $6,331 for security locks or $41,490 for 10o change orders. Abbott, Wright and Kirkpatrick voted aye. Mundy and Mitchell abstained. Motion carried. ITEM NO. 6 - Award of Contract & Approval of Budget Amendment for Concrete Paving for Senior Citizen Center. Ted Rowe informed Council that the project has been held up several times. The building is complete and ready to move into, except the parking lot. The concrete paving would provide enough roan to open the center, while waiting for the county. Superintendent, Bob Holder, recannended concrete adjacent to the center to provide proper support for delivery trucks. The emergency requirement called for sealed bids from three concrete contractors. The low bid was from Kirby Concrete, with the bid adjusted up fran approximately 8,000 to 10,000 square foot, adding about $1,300. Motion was made by Mark Wright, seconded by Jerry Mitchell, to award the bid to Kirby Concrete for the maximum of $13,607.65 to be adjusted down according to the square foot. Wright, Mitchell and Mundy voted aye. Abbott and Kirkpatrick voted nay. Motion passed. ITEM NO. 7 - Action Master Land Use and Thoroughfare Plan. Mike Monroe described one area in question along Little School Road and Sublett northward. A group of the property owners have the area as commercial. It was Monroe's opinion that it was a bad idea and he was originally opposed to camlercial zoning for reasons of potential over zoning. There were also a group of homeowners in the Shady Creek area that were opposed to commercial zoning. Mike Monroe made a recommendation to limit the carmercial use to the major intersection area and the existing carmercial (Williamsburg Square) and the remainder of the property on either side of Little School Road remain single family residential. A note could be added that (Little School area, north of Williamsburg Square) if a specific development proposal came forth that was appropriate and is compatible with existing and future single family residential, it would be considered. It would allow the property owners along there to go together and block up their property and sell it to a major developer. Across hatching would be added on the Little School Road 1628 Regular Meeting - July 13, 1989 area and could be called an overlay land use. John Clark, Shady Creek Homeowners Association, addressed Council on the land use plan. On behalf of the association, Mr. Clark recommended the following: (1) Accept sane form of plan at this time. (2) What ever plan is accepted, it should be enforced strickly with appropriate Ordinances and condition the plan; it be as initially formulated by the consultant hired by the city. (3) Scope of the plan. There were no objections to the general plan as proposed by the consultant, noting the block zoning concept centered around major intersections from commercial use. (4) Compromise issue. He looked at the options available, letting one side or the other be a commercial. He questioned the basis for that decision and said it was completely arbitrary and it subjects the city to the greatest amount of liability. Bill Taylor and Gary Cooper did not wish to speak. Motion was made by Bill Abbott, seconded by Robert Mundy, to adopt the Master Land Use and Thoroughfare Plan as recommended by consultant Mike Monroe with the overlay map, bta without the recomriend~d note. Motion carried unanimously. ITEM NO. 10 - To Consider Approval of a Water System Study. Ted Rowe stated that the next process was to conduct the water system study to develop a master water plan as a part of the city's master plan. The thing that made the study critical at this time is a search for an answer on water for Quail Creek Addition. Eddie Cheatham explained that the study would answer questions like what effect a new subdivision would have on the water system, where would the water supply come from, what size mains would have to be extended to the project to provide adequate water for fire protection and the effect on the remainder of the city's system. The study will be done with a computer model and it's called a Hardy Cross analysis. The city can buy their own computer or Cheatham can update for a small fee. Ftiiture subdivisions can be evaluated on the system. Cheatham stated that the answers on Quail Creek can be completed within 30 to 45 -days. Pete Kirkpatrick made a motion, seconded by Jerry Mitchell, to approve a water system study not to exceed $5,000. Motion carried unanimously. [1 1 1629 Regular Meeting - July 13, 1989 Motion was made by Robert Mundy, seconded by Jerry Mitchell, to adjourn into executive session at 9:35 p.m. Motion carried without opposition. EXECUTIVE SESSION ITEM NO. 8 - Closed session to discuss litigation on Fort Worth _____..Landfill (Section 2 (e) Art. 6252-17 V.T.C.S.) -f" ~.o- Certification y Ted Rowe Bill Abbott made a motion to reconvene into open session at 10:30 p.m., seconded by Pete Kirkpatrick. Motion carried. There being no further business, Bill Abbott made a motion, seconded by Pete Kirkpatrick, to adjourn the meeting at 10:31 p.m. Motion carried unanimously. APPROVED: is ~ GY Q' yor, Steve Radakovich AT'T`EST : /? D /~i City ecretary