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12/14/1989, Regular Meeting MinutesPage 1671 1 Kennedale City Council Regular Meeting - December 14, 1989 Community Center Mayor Radakovich called the meeting to order at 8:06 PM. Members present were Steve Radakovich, Bill Abbott, Pete Kirkpatrick and Robert Mundy. Jerry Mitchell and Mark Wright were absent. Gary Whightsil and Danny Corbeille of the Shady Creek Homeowners Association presented Christmas stocking decorations to City Hall, Fire Department and the Police Department. Robert Mundy made a motion to approve the following items on the consent agenda: ITEM N0. 1 - Approval of minutes of a public hearing and regular meeting dated November 9, 1989. ITEM NO. 2 - Action on Public Hearing No. 1 - Replat of Lots 1R and 2R, Block 63, Original Town of Kennedale, requested by Ms. Signe Edwards. ITEM N0. 3 - Approval of Indemnity Agreement with Dr. John Criswell. ITEM NO. 4 - Approval of Subdivision Name Change from 6luail Creek to Steeplechase Section I. Pete Kirkpatrick seconded the motion. Motion passed unanimously. Page 1672 ITEM NO. S - Adoption of the Official Newspaper. Robert Mundy felt uneasy about adopting an ordinance or resolution without first having a copy of it. He had no objections of Kennedale News and Fort Worth Star-Telegram being the official newspapers. Don Driver stated that we already have an ordinance and we would only adopt a new ordinance if we change newspapers. Robert Mundy moved that the Kennedale News and the Fort Worth Star-Telegram be the official newspapers, seconded by Pete Kirkpatrick. Motion carried unanimously. ITEM NO. 7 - Award Contract Bid No. Fd-89-01, EKG Monitor/ Defibrillator. Jim Smith and Ken Moser recommended the Life-Pac 10 instead of the Life-Pac 5 or the MRL. Motion was made by Robert Mundy, seconded by Bill Abbott, to purchase the Life-Pac 10. Motion carried unanimously. ITEM NO. 8 - Action on Public Hearing No. 2 - Abatement of a Dilapidated Structure, requested by Mr. Paul McLemore. Ken Carlton, Building Inspector, felt that the structure was unsafe and his recommendation was to bulldoze the house because it was 60% to 65% destroyed by the fire. The foundation is dry rotted. TAD values indicate two tracts of land, 2.57 acres and 3.63 acres. He wasn't sure which tract the house sets on. One tract is worth 815, 420 and the other 821, 780, a total of 537, 200 Page 1673 which is 700 of the value. The improvements are appriased at $16,185 which is 30% of the total value. Robert Mundy moved that the notice of abatement sent by the city stand as written, seconded by Pete Kirkpatrick. Mundy voted aye. Kirkpatrick and Abbott voted nay. Motion failed. Motion was made by Bill Abbott to order the house demolished by January 15, 1990, seconded by Pete Kirkpatrick. Motion passed unanimously. ITEM HO. 10 - Approval of Increase in Residential Garbage Collection Fees. Mr. Herb Allred of Laidlaw summarized Senate Bill 1519. Beginning January 1, 1990 the Texas Department of Health will charge each landfill in the entire state a fee for every yard of garbage that they receive. The revenues generated from this fee will be used to provide tl) 50/50 matching grants for planning new regional landfills (2> provide assistance to local governments (3) establish a solid waste resource center and an office of waste minimization and recycling (4) conduct a statewide public awareness program t5) provide supplementary funding to local governments for enforcement of the Solid Waste Disposal Act and Litter Abatement Act (6) create a state municipal solid waste superfund and (7) conduct other programs that the Board of Health may consider appropriate. The fee structure that is established by S/B 1519 is as follows: 10 cents per uncompacted cubic yard, 17 cents per compacted cubic yard or 50 cents per ton of waste that is landfilled. This is a user fee system that is levied by the state. Laidlaw nor any Page 1674 other hauler in the state will receive these funds for personal use. Laidlaw will charge its customers this fee, collect the revenue, then file reports and pay quarterly just like the state sales tax. Cost estimates for residential customers are as follows: NEW RATES CURRENT RATE 998 HOMES 1098 HOMES 55.22/month + 15 cents + 14 cents TOTALS 55.37/month 55.36/month Pete Kirkpatrick moved to grant the rate increase, seconded by Bill Abbott. Motion carried unanimously. ITEM NO. 10 - Consideration of Mandatory Garbage Collection for all Residences Except Senior Citizens. Approximately 100 families who do not pay for garbage pick-up have been receiving free services and some people deposit bags of garbage in business dumpsters. Robert Mundy moved that we require all active residential water accounts, with the exception of senior citizens with an over 65 tax exemption, to pay the required garbage collection fee, seconded by Pete Kirkpatrick. Motion passed unanimously. ITEM NO. 11 - Approval of Contract with Tarrant County Rural Fire District #1 for October 1989 thru September li 1990. it Ted Rowe stated that he had talked to the Tarrant County Fire Ili Marshall about the potential of the county buying Kennedale a ~~ firetruck and paying it off instead of paying us 520,000 a year. L Page 1675 They are interested in that proposition and a letter of recommendation will follow up that conversation. Jim Smith has protested 9 calls, the way they grade the call. If the protest is accepted Kennedale will receive an additional 5450. Jim Smith recommended approval of the contract. Robert Mundy had serious concerns about citizens of Kennedale subsidizing county runs and upon Council vote, recommended to write them a letter letting them know that we have serious reservations about next year. Motion was made by Pete Kirkpatrick, seconded by Bill Abbott, to renew the contract with the Tarrant County Rural Fire Prevention District #1. Motion passed unanimously. ITEM KO. 6 - Approval of an Ordinance providing for Taxation of the Freeport Amendment. The Freeport Amendment was passed by the qualified voters of the state of Texas on November 7, 1989. The amendment permits exemption from ad volorem taxation of certain tangible personal property that is acquired in or imported into the state to be forwarded outside the state not later than 175 days after the acquisition or importation of the property. The Mayor said that it passed 60% to 40% state-wide. Kennedale citizens voted 125 in favor and 63 against the amendment. The purpose of the amendment is to encourage businesses to come into the city and state. I ~_ ~ Page 1676 -~ i Motion was made by Bill Abbott, seconded by Robert Mundy, to reject the ordinance providing for taxation of the Freeport amendment. Motion carried unanimously. ITEM N0. 12 - General Discussion. Mr. Gary Petty of 504 West 4th Street complained that the Police Department has been harassing the citizens by setting up speed traps. He admitted that he had been speeding 55 MPH in a 35 MPH zone when he received his ticket. ITEM NO. 15 - Approval of Emergency Expend Amendment - Extension of New Additional Screen. The routine electric-log indicated the improve well productivity and provide for drop bottom of well 30 feet, ( 2 ) add 80' of 24' of 10" screen, and (4) eliminate 71' of iture and Budget Water Well and Following items would a longer well life: tl) blank liner, (3) add 16" casing. Pete Kirkpatrick made a motion to approve the emergency expenditure and budget amendment For 52,893.75 from the Water Fund Reserves, seconded by Robert Mundy. Motion passed unanimously. Motion was made by Bill Abbott, seconded by Pete Kirkpatrick, to enter into exectuive session at 9:39 PM. Motion passed unanimously. EXECUTIVE SESSION ITEM NO. 13 - Closed Session to Review of Contract for City Administrator. (Section 2 (g) Art. 6252-17 V. T. C. S. ) er i ca ion y e owe L [1 Page 1677 Motion was made by Robert Mundy, seconded by Bill Abbott, to reconvene into open session at 9:57 PM. Motion carried unanimously. ITEM K0. 14 - Action on Closed Session Item If Necessary. Bill Abbott made a motion, seconded by Pete Kirkpatrick, to extend the employment contract for the City Administrator for two years beyond the current expiration date of March 10, 1990. The new expiration date will be March 10, 1992. Motion carried unanimously. There being no further business, motion was made by Bill Abbott, seconded by Robert Mundy, to adjourn the meeting at 9:59 PM. Motion carried unanimously. 1 ATTEST: i y ecre ary 0 APP ~VED: ~ C~ ~ ~r~ ayor eve a a ovic