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04/11/1996, Regular Meeting Minutes2215 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING - APRIL 11, 1996 100 E. BROADWAY ST. - COMMUNITY CENTER 7:30 PM Mayor Abbott called the meeting to order at 7:40 p.m. Members present were Mayor Abbott, and Councilmen Wright, Mundy, Barrett, Boone and Kovach. Staff present were Ted Rowe, Kathy Turner, Linda Royster, Vicki Thompson, Michael Box, and Wayne K. Olson, legal counsel. ITEM NO. 1 - Approval of Minutes: Public Hearing - March 14, 1996 Regular Meeting - March 14, 1996. Councilman Kovach moved to approve the minutes as they were submitted, seconded by Councilman Barrett. Motion carried unanimously. ITEM NO. 2 - Approval of Ordinance No. 102, to rezone Lot 1R2, James A. Arthur Addition to "C-2" General Commercial District. Mr. Rowe advised Council that the Planning and Zoning Commission recommended disapproval of this ordinance due to its present configuration and its relation to spot zoning which is illegal. Mr. Mohammed Naseem Patal, Owner of P&P Mart located at 317 E. Mansfield Highway, arrived late and stated that he did agree with the Planning and Zoning Commissions' statement of spot zoning. Therefore, Mr. Patel explained that he had taken the P&Z's recommendation to prepare a petition to include the surrounding properties in the "C2" General Commercial District request which would illiminate spot zoning. Mr. Rowe advised Council that Mr. Patel would need to go back before the Planning and Zoning Commission because his original petition did not include the additional properties. Councilman Kovach moved to deny Ordinance 102 as recommended by the Planning and Zoning Commission, seconded by Councilman Wright. Motion carried without opposition. ITEM NO. 3 - Approval of Ordinance No. 95, to rezone Lots 1 through 14, Country Estates to "PD" Planned Development District. Councilman Kovach moved to approve Oridnance No. 95 to rezone Lots 1 through 14, Country Estates to "PD" Planned Development District contingent upon correcting the typo of "temporary" in section 5, and correcting the third paragraph in section 7 to read "Side yard setback - minimum of five (5) feet with a combination total of 18 feet (both sides)).", seconded by Councilman Boone. Motion carried unanimously. ITEM NO. 4 - Approval of Ordinance No. 103, Water and Sewer Pro Rata Ordinance. Mr. Olson, legal counsel, pointed out that the City needed to take extra precautions when implementing a pro rata provision not to double dip by combining the pro rata with what the City is charging for an impact fee. 2216 If there is already a particular line that is in the capital improvements plan that we have used for impact fees, the city cannot require the developer to build that line, and then charge him an impact fee on top of that. There must be a credit system for the building of that line and credit should be given for the impact fees. Mayor Abbott recommended that if Council approves this ordinance then a master plan should be prepared in the future. Councilman Wright moved to approve Ordinance No. 103, Water and Sewer Pro Rata Ordinance contingent upon adding "with approval of the City Council" after "City Administrator" in Sec. 17-90, second sentence, seconded by Councilman Mundy. Councilman Wright, Mundy, Barrett and Boone voted in favor, with Councilman Kovach opposed. Motion carried. ITEM NO. 5 - Approval of Contract No. 96-02, Agreement for Financial Services - First Southwest Company. Councilman Boone motioned to approve Contract No. 96-02, Agreement for Financial Services with First Southwest Company, seconded by Councilman Barrett and motion passed unanimously. ITEM NO. 6 - Approval of Contract No. 96-03, Agreement for Community Service Restitution. Mr. Wayne Olson, legal counsel reviewed the following issues in relation to the agreement; potential liability, supervision, immunity of the city, and worker compensation rights. Councilman Barrett moved to approve Contract 96-03, Agreement for Community Service Restitution, seconded by Councilman Kovach. Motion carried without opposition. ITEM NO. 7 - Approval of Resolution No. 46, Retaining the 817 area code for the City of Kennedale. Councilman Kovach moved to approve Resolution No. 46, Retaining the 817 area code for the City of Kennedale, seconded by Councilman Mundy. Motion carried unanimously. ITEM NO. 8 - Approval to Purchase Two Pick-up Trucks budgeted for Community Development Department. Coucilman Barrett moved to approve the purchase of a 1/2 ton pick-up for Code Compliance in the amount of $14,260, and a 1/2 ton six passenger pick up for the Street Department in the amount of $18,181 from Classic Chevrolet for a total amount of $32,441.00, seconded by Councilman Kovach. Motion carried with no opposition. ITEM NO. 9 - Approval of contract for water line installation on Mansfield Highway. Mr. David Mayse, with Cheatham and Associates was present to answer questions regarding the bidding process. In addition, Mr. Mayse stated that there would be a change in steel casing to welded steel casing, and a possible change in the use of piping to go under Mansfield Highway which could reflect in an approximate savings of $30,000 to bring the total costs down to $220,000 including the alternate bid items. 2217 Mayor Abbott inquired about the legal status of awarding the alternate bid. Mr. Olson replied that as long as it was worded in an acceptable manner, then it was legal. Mr. Mayse replied that it was worded correctly. Councilman Kovach moved to award the base bid plus the two alternate bid items to Circle H Contracting, Inc., in the amount of $253,318.10, seconded by Councilman Barrett. Councilman Wright questioned if the amount listed in the motion included engineering cost. Mr. Rowe replied that the figure included Circle H Contracting, Inc., engineering fees, but that the city engineering costs are separate, and are a part of the computation for the bond total. There being no further discussion, motion carried unanimously. ITEM NO. 10 - Initiation of Committee for celebration of 50th anniversary of incorporation of the City of Kennedale. Mayor Abbott stated that he felt a committee should be created and suggested the committee investigate other cities who have participated in similar celebrations, come together on a plan for the possible costs involved and present to Council in August at budget hearing time. Councilman Kovach felt that the Chamber of Commerce and School Board should be included in the creation of this celebration. Councilman Boone motioned to form a committee for the celebration of the 50th anniversary for the incorporation of the City of Kennedale and within the next two council meetings place on the agenda for review, seconded by Councilman Barrett. Motion carried without opposition. ITEM NO. it - Staff reports: Electronic controls for water system, replacement back hoe, mutual aid agreements, release of Majestic Liquor Store from Forest Hill ETJ, State maintenance of Mansfield Highway. Mr. Box, Director of Community Development and Enforcement stated that the programmer for the SCADA system was sick and unable to keep his appointment this past week, but is due out in the upcoming week. In addition, Mr. Box said the system is doing everything it was promised to do, and that no down time had been experienced. Next, Mr. Box said the new back hoe was in and operating. In closing, Mr. Box said the State Highway Department has already began work on Mansfield Highway to fix subgrade failure repairs, shoulder work, leveling of the road, and they are going to do a slurry coat top seal and repaint the whole project. Mr. Rowe advised Council that the Mayor has sent a letter to the City of Forest Hill supporting release of Majestic Liquor Store from Forest Hill's ETJ as well as surrounding land in that area. Also, Mr. Rowe stated that the Fort Worth ETJ adjustment agreement is being prepared in final format for the City of Fort Worth's Mayor and Council briefing which will give the City of Kennedale additional ETJ land. 2218 ITEM NO. 12 - Executive Session. Mayor Abbott announded that there would be no exeuctive session held. ITEM NO. 13 - Action on executive session if necessary. There was no action taken on this item. There being no further discussion, Mayor Abbott adjourned the meeting at 8:50 p.m. APPROVED: Mayor Bi 1 Abbott ATTEST: ~~~~~~ City•Se retary 1