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1989_10.12 Regular Meeting MinutesPage 1656 Kennedale City Council Regular Meeting - October 12, 1989 Community Center Mayor Steve Radakovich called the meeting to order at 7:35 PM. Members present were Steve Radakovich, Bill Abbott, Pete Kirkpatrick, Jerry Mitchell, Robert Mundy, and Mark Wright. Invocation was given by Ted Rowe. ITEM NO. 1 - Approval of minutes of a public hearing and regular meeting dated September 14, 1989 and a special meeting dated September 25, 1989. Mayor Radakovich declared the minutes approved as submitted. ITEM NO. 2 - Action on Public Hearing No. 1, Replat of Lot 1R and 2R, Block 64, Original Town of Kennedale, requested by Ms. Signe Edwards. Ms. Edwards informed Mark Wright that the lots would have access from Broadway Street. Pete Kirkpatrick made a motion to approve the replat of Lots 1R and 2R, Block 64, Original Town of Kennedale, seconded by Robert Mundy. Motion carried unanimously. ITEM NO. 3 - Action on a Special Use Permit for a Pawn Shop requested by Mr. John Reese. Mayor Radakovich stated that Mr. Reese had withdrawn his request for a pawn shop. ITEM NO. 5 - Approval of a Final Plat of Quail Creek P,ddition, Section I, requested by Mr. Ralph Shelton. Council received the water distribution study of Quail Creek Addition I prepared by Cheatham and Associates prior to the meeting. Eddie Cheatham said the purpose of the study was to determine what effect Quail Creek Addition would have on Kennedale's water system. Distribution, pressures within the system and the availability of water supply were considered in the study. The conclusion was looping of the lines back into the system, a loop from the north basically in the middle of the project and an additional loop from the south. When the three extensions are installed the pressure will be available within the existing system and will supply enough water to the proposed project. With the addition of Page 1657 Regular Meeting - October 12, 1989, Cont. the new well located near Harris Graphics and the upgrade of the existing well, there will be enough water supply to meet both, the system demands, plus additional demands by the proposed Quail Creek Addition, Section I. Prior to any additional phases coming in, the new well should be on line and that should address the problem of availability of water supply. The looping of the lines in the second and third phases should meet the pressure and distribution problems. A loop is not required in the first phase. Bill Abbott questioned the 10" line connecting into the 6" line at Peggy Lane, assuming the 10" is going to be tied into the end of the line. Mr. Cheatham stated that larger line means less pressure loss. Bill Abbott stated that from the tones of the letters they do not feel they are responsible for placing that 10" line from Peggy Lane to the subdivision and if it's a point of compromise, what affect would a 6" line to the subdivision do to the pressure either at Peggy Lane or the subdivision. Cheatham said a drop in pressure of 20 psi. Mr. Shelton can hook up to the end of the. line now with a 10" line and extend it back to Peggy Lane when some subsequent phase is put in, depending on the size of the phase. Ralph Shelton said it would take approximately one to one and one half years to complete phase one and the lots would be sold to builders. Arlington has agreed for Mr. Shelton to tie on to their sewer line. Ted Rom stated that the final approval from Arlington for the drainage plan won't take place until the plans are prepared, that will be after plat approval. The City will make sure the coordination is complete on the drainage plan before the plat is filed. Mayor Radakovich was concerned about Mr. Shelton diverting water into the City of Arlington. Ted Rowe stated that we can get a letter of coordination from Arlington on the plans. Bill Abbott asked for an explanation of item 8 in Jeff Terry's letter, objecting to pay any impact fees. He asked how it differed from the development of Gary Cooper's on Sublett and Little School Road. Ted Rowe said it was the same, but it's in a different category, it's like Arlington was on Little School Road, the land is in Kennedale but the road is in Arlington. There is a problem with us collecting developer participation fees for construction of the road when the road is not inside of our city, but inside another city. Don Driver explained that we could not legally do it. Don Driver suggested kicking the ball back to Arlington, they're wanting us to collect these fees for them and he couldn't find anything legally where we can charge a Kennedale resident for streets that are constructed in. Arlington. If they can show us some laws and court cases saying we can do that, that's one Page 1658 Regular Meeting - October 12, 1989, Cont. thing, but would not want the city caught in the middle of it, collecting the fees and giving it to Arlington and find out we couldn't do that, then we would have to give the money back to the residents. Mayor Radakovich stated that we collected all of our own fees. Ted Rowe stated all of them except one portion, Arlington paid us $31,000 for a portion that hadn't been developed and they were going to collect the fees from the developer when the development occured. -But they are a home rule city and probably have a lot more lead way than we do. Arlington withheld approval of a final plat until Larry Gill had worked out an agreement with Kennedale to participate in the construction of Little School Road. Mr. Shelton stated that approval of a final plat cannot be held up for that reason, according to a supreme court decision on Nolan and First Church. Ted Rowe addressed the other major issue mentioned in the letter and that is the additional right-of-way dedication for Sublett. An 80' right-of-way was provided on the plat, 40' being in Shelton's property area and 40' on the other side of the road. Arlington has ask for 60' and that information was given to Mr. Shelton after the first preliminary plat had been furnished. Arlington would still like 60'. Engineer Jeff Terry brought up the fact that if an additional 20 feet was dedicated, they have to redesign the whole subdivision because it would reduce lot sizes that are adjacent to Sublett Road, a few lots would fall below the required 8,750 square feet. If Council decides that they want to uphold the request from Arlington for the additional 20 feet right-of-way, it would only be right to consider a variance for small lot sizes at the next meeting. Ralph Shelton had prepared a document that shows Sublett Road from Hwy. 287 to Hwy. 157 showing an 80', 50', and 40' right-of-way. No where that they could find in the City of Arlington, have they obtained a 120' right-of-way Mr. Shelton said that Arlington has room on the north side of Sublett Road to obtain property from within their city. Ted Rowe explained that Arlington changed their requirements three years ago from 90' to 120' right-of-way. Ted Rowe explained that if 15' right-of-way dedication is the figure decided on and it comes time to disannex the property and give it to Arlington for the widening the road, that will become Arlington property. If in the meantime Kennedale has constructed the utilities going into the subdivision then that means our water lines and fire hydrants are in Arlington's property. The city would have to pay for the utilities to be moved prior to construction. Ted Rowe pointed out that the utilities could be placed in the 7.5' utility easement located south of the 15' right-of-way dedication. Mr. Shelton had no problems with that solution. Page 1659 Regular Meeting - October 12, 1989, Cont. Two areas that were not resolved were the sidewalk requirement and the 30' building setback line. The code was interpreted to require side- walks on the east side of Coker Valley Drive and Sublett Road. Chief Geeslin felt that sidewalks are a necessity based on the amount of complaints he has had concerning the children and amount of traffic increase around schools. Chief Geeslin recommended side~~~alks for any future subdivisions. The code does not address where the sidewalks should be placed regarding next to the curb or away from the curb. The code addresses the responsi- bility of installing sidewalks to the developer. The consensus of the Council is that. tY~ bui.lder str~u7t1 install the sidewalks. Ted Rowe stated that the installation of sidewalks could be incorporated into the developers agreement as a requirement of the builders. Mr. Shelton explained that the 25' building line would allow the houses to be placed on the lots to save some trees. Council discussed having a 25' building setback for cul-de-sac lots. Bill Abbott made a motion to approve the final plat of Quail Creek Addition, Section I to include a 30' setback on all lots, seconded by Robert Mundy. Motion carried unanimously. ITEM NO. 6 - Approval of Resolution Authorizing Agreement With Tarrant County District Attorney - Disposition of Forfeiture Assets. Chief Geeslin introduced Steve Bosser and Brent Carr from the District Attorney's office to answer questions concerning the agreement. The Code of Criminal Procedure was amended under Chapter 59 to include a more complex forfeiture. The change in the law required the agreement with the District Attorney`s office on what percentage would be split between law enforcement agencies and district attorney's office. All cities get a 50-50 split. The split is addressed in item 10 of the agreement. The monies can be used for law enforcement purposes. Bill Abbott was concerned with the budget that is submitted to Council for information purposes only, with no veto power. If the audit decrees that something used out of the monies was not as the statue says, police business, who reimburses the fund? Chief Geeslin replied that the responsibility is placed back on the chief administrator of the law enforcement agency. If the monies are misused the city will be sued and the chief administrative officer will be put in the state penitentiary.. The audit will be paid out of the fund if it is available. The agreement can be terminated upon 30 days written notice. Chief Geeslin stated that the agreement is very fair for both sides. Page 1660 Regular Meeting - October 12, 1989, Cont. Robert Mundy made a motion, seconded by Pete Kirkpatrick, to approve the forfeiture agreement with the criminal district attorney's office. Motion carried with none opoosed. ITEM NO. 4 - Action on Complaint of Water Bill, requested by Mrs. Stephanie Polly. Mrs. Stephanie R-~lty was not present to address the complaint. Linda Royster explained that the two S25 water bills were due to under billing. It was a new house, but the office was unaware that Ms. Polly had moved_in and started putting in their yard.. At that time the meter reader was out on injury leave and-other people were substituting, which their expertise is in laying and repairing water lines. A couple of men were having problems with the rnuriber of digits to read. There are four, five and six digit meters. They did get a big bill and were told they could set up -a payment plan. The meter was tested and registered accurate. Bill Abbott made a motion to uphold the cities billing, seconded by Robert Mundy. Motion carried unanimously. ITEM NO. 7 - Approval of Doctunents and Action to Transfer Land from Harris Corporation for New Well Site. Don Driver, City Attorney, stated that Harris Graphics Corporation has agreed to offer 1.69 acres of land to the city for the purpose of constructing a well. The agreement basically stated that they would transfer the land to the city to construct the well and they would provide the easements. The City agreed that they will not use the property for anything other than a water well and based on testing that was done on the site, the city has no knowledge of polution either to the ground water or to the water in the well itself. Motion was made by Mark Wright, seconded by Jerry Mitchell, to approve the documents and transfer of land from Harris Graphics to the city. Motion carried unanimously. Ted Rowe presented plans for the expansion of Harris Graphics building. The building will be placed adjacent to the existing structure which is located approximately 25 or 30 feet from the edge of the pavement of Dick Price Road. There is no interference with the right-of-way with the present location, and there is no front yard requirement in the "G" Industrial Zoning. Harris Graphics Corporation is concerned with constructing the building and at a later date having to remove it for the purpose of widening Dick Price Road. Don Driver agreed to draw up a resolution. Page 1661 Regular Meeting - October 12, 1989, Cont. Motion was made by Pete Kirkpatrick, seconded by Jerry Mitchell, to pass a resolution that it is not the intention of the Council to force Harris Graphics Corporation to remove the structures or take additional land for right-of-way purposes. Motion carried unanimously. ITEM NO. 8 - Discuss need to Appoint Board of Adjustment. Don Driver stated that the Council has been acting as the Board of Adjustments and approximately 60 days ago the Attorney General handed down an opinion that stated that cities could no longer serve as the Board of Adjustment. Council needs to consider setting up a Board of Adjustment, usually containing five members. The Board of Adjustment will hear all special use permits, variances, and matters concerning appeals dealing with granting or withholding building permits. It will require some changes in the ordinances. Council members cannot serve but the same members of the P & Z that you have can serve in the Board of Adjustments. Sometimes members confuse their duties as P & Z or Board of Adjustment. Usually a staff member attends the Board of Adjustment meetings and explains the reasons why P & Z denied a request. If the Board of Adjustments grants a request that was. denied and the City Council objects to the decision, the only option available to Council is to file a law suit in district court against the Board of Adjustments. No action was taken on this item. ITEM NO. 9 - Approval of Health Insurance Plan. Ted Rowe reviewed the insurance plan and cost as outlined below: Coverage Deductible Drug City Cost Employee Card Monthly Monthly Current: 900/100 $100 $2/$4 $136.30 $108.00 Current with Proposed Increase: 90o/10% $100 $2/$4 $189.57 $165.15 Optional Plan: 800/200 $200 $4/$7 $169.96 $147.20 Page 1662 Regular Meeting - October 12, 1989, Cont. In addition to the deductible, there is a co-payment of $500 that is required by any employee or dependant that enters into a hospital. Motion was made by Bill Abbott, seconded by Pete Kirkpatrick, to approve the optional insurance plan as presented. Motion carried unanimously. ITEM NO. 10 - General Discussion. Council discussed 800,000 gallons of unmetered water. There being no further business, motion was made by Bill Abbott, seconded by Pete Kirkpatrick, to adjourn the meeting at 9:46 PM. Motion carried without opposition. APPROVE :' ~ ~. ~~~ ayor Steve Radakovich ATTEST: City cretary