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11.10.1977 CC MinutesPage 744 REGULAR MEETING OF THE KENi~TIDALE CITY COUNCIL November 10, 1977 Mayor Radakovich assembled the meeting at 7:35 P. M. George Lowery gave the invocation members present were George Lowery, Clara San- derson, Mayor Radakovich, Stanley Jernigan, Charles Kuykendall and Pat Turner. Sharon Hamrick came asking Mayor Radakovich to sign a Proclamation declaring November 19, 1977 Family Day. Sharon also passed out copies of a resolution which will be sent to President Carter. She stated that the International Womens Year Conference will begin in Houston November 18 thru November 21, 1977. This group plans to send approximately one hundred (100) resolutions to President Carter which is supposed to be indicative of the majority of the women of the United States. She stated that these one hundred (100) resolutions were not indicative of what the majority of the American women want. That group of women are being federally financed, but we have to finance our own rally which will be held November 19, 1977 in the Astro Arena in Houston Texas. Mayor Radakovich did sign the Pro- clamation declaring November 19, 1977 to be Family Day and the coun- cil also signed copies of the resolutions. Mayor Radakovich stated that they could not sign these resolutions representing the city, but that they could sign them as a personal commitment. Sharon Hamrick thanked the council for their cooperation and time. Item #1, Don Johnson to Discuss Zoning. Don Johnson advised the council of his need to use the lot adjoining his business (Don's Battery Shop) for storage. He said he would build a fence, or what- ever is necessary, if he could stand the cost. He had plans for one building but stopped that when Jack called him. Don referred to a letter he had written and given copies to the council members and City Administrator, Jack Yates. Mayor Radakovich told Don that he was before the wrong people. Don said he had paid for a petitition for variance to be placed on the zoning board agenda, but that Jack Yates had removed his name from the agenda stating that Don's Battery Shop was in violation of an ordinate. Don Johnson said Jack Yates told him eh would get his money back, but so far he had not. Jack Yates said he was unaware that Don had not been reimbursed. Charles Kuykendall said he liked Don and would like to see him stay in business, but he did not think they should change the ordinance. Pat Turner said he couldn't vote for a variance tonight, but he would be willing to meet with him at a future date to discuss some definite plans he might have. Stanley Jernigan said these people (Don Johnson and wife) had this lot that they could not use. Stanley Jernigan said Don planned to get it leveled and cleaned up. He asked if something could be done to help Don's immediate need. Pat Turner said he was completely against it, but he was open minded enough to discuss it with Don when he produced some definite plans. George Lowery said they would just have to work out the details on the fence. Clara Sanderson asked Don how gigh he planned to build the fence. Don said six to eight feet. Mayor Radakovich told Jack Yates to put Don Johnson on the next Planning and Zoning Board agenda to get Page 745 November 10, 1977 Meeting Cont'd their recommendation. He then is to be placed on the City Council's agenda for their next regular meeting, December 8, 1977. Don Johnson was instructed to submit specifications to the Planning and Zoning Board including a fence, size of building planned, following city codes on the building. Pat Turner recommended requesting the Municipal Judge to postpone Don's citation for thirty (30) days until he can go before Planning and Zoning and the City Council again, since Don is due to appear in court the same night as the Planning and Zoning Meeting. The council agree. Item #2, Awarding the Bid for East Mansfield Highway Sewer Extension. The bids were as follows: 1. Stimson Construction Company $85,723.10 Bid bond 5%, all four Addendums acknowledged, 60 working days 2. Leonard Hazel, Inc. $78,563.30 Bid Bond 5%, all four Addendums Acknowledged 85 ?~~orking days 3. G-T Utilities Construction Company $72,240.80 Bid Bond 5%, Addendum #1,2,3 acknowledged 100 working days 4. Utilities Specialist, Inc. $65,481.46 Bid Bond 5%, all four Addendums acknowledge No time shown 5. Oscar Renda Construction Co., Inc. $56,391.20 Bid Bond $2,820.00 Cashiers Checks, alb. four Addendums Acl~owledge g0 working days 6. Ben Sira and Company $70,994.75 Bid Bond 5% all four Addendums Acknowledge 60 working days 7. Mid-Cities Sand and Gravel, Inc. $73,260.24 Bid Bond 5%, all four Addendums Acknowledge 150 working days 8. J. L. Bertram Construction and $101,477.66 Engineering, Inc. Bid Bond 5%, all four Addendums Acknowledge 200 working days A copy of the bid tabulation will be attached to the approved minutes. Jack Yates advised the council that Freese and Nichols recorimiended by letter, that we accept the low bid and award the contract of Oscar Renda Construction Company, Inc, for $56,391.20, all addendums acknowledged, Page 746 November 10, 1977 Meeting Cont'd cashiers check in the amount of $2,820.00 for the 5% bid bond and g0 days. Jack Yates said Mr. Hugley of Petroleum Rubber Co., and Dave Bloxom had agreed to guarantee the $13,800.00 tonight, and they will attempt to get $3.00 to $4.00 per square foot from the other individuals in that area. We will award the contract tonight and agree to begin work on that project, then they will put down 25%, ($3,500.00) tonight and give us a letter that Mr. Marshall will write assuring us of the balance of $10,400.00. When the sewer line is started, and we pay the contractor for the portion of the force main and lift station, we will get the remaining of $10,400.00. At that time, those individuals who have paid to the Hugley-Bloxom fund will be able to tap on sewer at the regular tap charge. After that time they will be charged $6.00 per front foot to tap on sewer. The water department office will take the money and reimburse the Hugley-Bloxom fund up to $13,900.00. Mr. Hugley said Mr. Marshall would prepare a letter to be signed by TZr. Bloxom and himself. If Mr. Bloxom should default, the responsibility would revert to Mr. Hugley. Jack Yates said he still had to get two easements before work could begin. Stanley Jernigan made a motion to accept the low bid of $56,391.20 for the sewer improvement based on the letter of agreement signed by Mr. Hugley and Mr. Bloxom, the signed easements, and Resolution No. 77-15. Clara Sanderson seconded the motion. The motion carried with none opposed. Mr. Hugley gave the $3,500.00 in checks to Jack Yates tonight. Item #3, Consideration of Lone Star Gas Rate Increase Request. Pat Turner made a motion to suspend any action of this request for thirty (30) days, seconded by George Lowery. The motion carried with none opposed. Item #4, Consideration of Ordinance Providing for Park Board. Stanley Jernigan made a motion to accept the Park Board Rules and adopt Ordinance No. 77-22. Pat Turner seconded the motion. The motion carried with none opposed. Item #5, Consideration of Evaluation of Employees Salaries. Mayor Radakovich recorrmiended this item be postponed for an Executive Meeting. The council members agreed and the meeting was set for Thursday evening, November 17th., at 7:30 P. M. Item #6, Consideration of Municipal Judge Salary. Mayor Radakovich recommended postponing this until the Special Meeting November 17th. when all the other salaries would be discussed. Item #7, Consideration of Ordinance Levying and Approving 1977 Tax Roll. Total Assessed Real $5,001,343.00 Total Tax $ 67,519.00 Property Value Total Assessed $2,613,899.00 Total Tax $ 35,288.79 Personal Property TOTAL $7,615,242.00 TOTAL $102,807.79 Page 747 November 10, 1977 Meeting Cont'd The Mayor and Council signed the tax assessment roll approving it for 1977. Mr. Marshall read Ordinance No. 77-21. George Lowery made a motion to adopt Ordinance No. 77-21 levying taxes for the year 1977 at $1.35 per $100.00 valuation. Stanley Jernigan seconded the motion. The motion carried with none opposed. Jimmy Smith, Fire Chief, Bob Corcoran, Secretary-Treasurer and Fireman, Mike Cain of the Kennedale Volunteer Fire Department advised the council of Mike Cain's recent injury in a fire their unit had responded to. Smith said the balance of Cains' hospital bill was approximately $3,500.00. Cain was in the hospital for three weeks. Bob Corcoran said the Fire Department has an insurance policy that pays $500.00. Jimmy Smith said Cain needs the rest of his hospital bill paid. Mayor Radakovich recommended we pay the bill out of the 5% tax fund which has been allocated to the Fire Department. Smith said this is the first injury to this extent we have had. Stanley Jernigan recommended looking into a different insurance plan, and to pay the bill from the 5% tax fund allocated to the Fire Department. Pat Turner made a motion to pay the balance of Mike Cain's bill out of the 5% tax fund allocated to the Fire Department, seconded by Clara Sanderson. The motion carried with none opposed. Item #8, Departmental Reports. Pat Turner recommended the 1974 Chevrolet Malibu Police Car to be taken-off the streets. Charles Kuykendall said he knew a man who would give $1,000.00 for the three cars, possible $1,200.00. The council agreed to sell the 1971 Chevrolet Impala, 1974 Chevrolet Malibu and the 1975 Ford Torino for the $1,000.00 to $1,200.00 figure. Jack Yates said he understood that the Carousel Day Care Center had been dropped but the Meals on Wheels will be continued. The Community Action Agency has refused to pay the utility bills for the Senior Citizens. They have been meeting at the First United Methodist Church in Kennedale. Clara Sanderson recommended we pay the utility bills for the Senior Citizens at the Methodist Church. John Harrah, editor of the Kennedale News, spoke to the council as a representative of the Kennedale Chamber of Commerce. He read a resolution from the Chamber of Commerce pledging strong support of the City Council in their effort to improve the water retention and distribution system through government grants and support the council in investigating the feasability of funding overhead storage through a bond issue to be approved by the tax payers of Kennedale, if possible without a prohibitive tax increase. Mayor Radakovich told Mr. Harrah the council would be happy to accept the resolution and asked him to thank the Chamber of Commerce for them. Mayor Radakovich advised the council they need to determine which year we will base the next sewer rate increase. He asked if they wanted it evaluated on December 1976, January and February 1977, or December 1977, January and February 1978. It was unanimously agreed to figure the r~~te on December 1976, January and February 1977. Page 7U8 November 10, 1977 Meeting Cont'd Paul Mathis presented a tax problem, concerning Mr. Loren Harrm~ack, to the council. Paul said the total tax before penalty is $168.x+0 for the years 1959 to 1962. Paul believes there is an error in our tax roll, and recommended we set it back to the $50.00 assessed rate. Pat Turner made a motion to straighten up back taxes and re-evaluate the property on the 1978 tax roll to current valuation. Charles Kuykendall seconded the motion. The motion carried with none opposed. The minutes of the October 13 Regular Meeting and the October 25 Special Meeting were posponed until the next regular council meeting to enable the council to properly review them. Pat Turner read the letter Mr. Marshall had written giving his legal opinion of Resolution No. 76-16, which governs the sewer charges in the Phase I and II area of Kennedale. After discussing this at length, Pat Turner made a motion to enforce the Ordinance as it is written and as it has been interpreted, which means that all the people who are being charged with the minimum sewer that are not tied onto sewer and/or that do not have a sewer tap that charge be removed by crediting their water bill every penny they have been charged since this went into effect. Charles Kuykendall seconded the motion. The motion carried unanimously. Pat Turner said he would like this to be effective January 1, 1978, or earlier if we can get the necessary book work done without any problems. Pat Turner said to make this apply only to the people who have not paid their $25.00 tap fee. George Lowery made a motion to adjourn, seconded by Clara Sanderson. The motion carried with none opposed. The meeting adjourned at 10:30 P. M. n ~. APPROVED : ~ ~~~ eve Radakovic Mayor ATTEST : ~ ~~''~-- Evely I. Templet City Secretary CITY SEAL: 1