07/14/1994, Regular Meeting Minutes2092
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING - JULY 14, 1994
420 BOWMAN SPRINGS RD. - SR. CITIZEN CNTR.
7:30 P.M.
Mayor Abbott called the meeting to order at 7:35 p.m.
Members present were Mayor Abbott, Pete Kirkpatrick, Tom Boone and Ron
Kovach. Councilman Wright arrived at 7:40 p.m. Councilman Mundy was
absent.
Staff present were Ted Rowe, Kathy Turner, Vicki Thompson, Linda
Royster, David Geeslin and legal counsel, Wayne K. Olson.
City Administrator, Ted Rowe gave the invocation.
ITEM NO. 1 - Approval of Minutes: Public Hearing - June 9, 1994
Regular Meeting - June 9, 1994
Councilman Boone moved to approve the minutes as submitted, seconded by
Councilman Kirkpatrick. Motion carried with no opposition.
Item number two was delayed until the arrival of Councilman Wright.
ITEM NO. 6 - Staff Budget Briefing - Police Department.
In brief Chief Geeslin reported that the police department budget should
come in or on budget by eighty nine percent and focused on upcoming
budget item issues that would be addressed in more detail during budget
work sessions.
ITEM NO. 2 - Appointment of Planning & Zoning Board Members.
Councilman Kovach moved to reappoint Charles Gray as Chairman of
Planning and Zoning Commission, reappoint Janna Brimer, Bill Cromer and
Glynn Cavasos as regular members, appoint Mr. Ralph Warner to fill the
unexpired term of Gregg Bennett, and to appoint Mr. George Harrison as
an alternate member. Second by Councilman Wright. Councilman Boone and
Kirkpatrick were opposed and there being a tie, Mayor Abbott voted
opposed. Motion failed.
Councilman Boone moved to reappoint Charles Gray as Chairman of Planning
and Zoning Commission, reappoint Janna Brimer, Bill Cromer and Glynn
Cavasos as regular members, appoint Mr. George Harrison to fill the
unexpired term of Gregg Bennett, and to appoint Mr. Ralph Warner as an
alternate. Seconded by Councilman Kovach. Councilman Boone, Kovach and
Kirkpatrick voted in favor, and Councilman Wright was opposed. Motion
carried.
In addition, Mr. Boone recommended that Chairman Gray review the
attendance record of members and possibly discuss if there is a better
attendance by an alternate filling in chairs, and if there is, possibly
suggest the member to revert to an alternate and let the alternate
become the regular member.
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Item number three was delayed until Mr. Rusty Evans, Community Manger
with T U Electric could be present.
ITEM NO. 4 - Approval of Resolution ordering Sammons Cable Services
to keep certain records.
Councilman Boone moved to approve Resolution Number 25 ordering Sammons
Cable Services to keep certain records, seconded by Councilman
Kirkpatrick. Motion carried without opposition.
ITEM N0. 3 - Approval of Ordinance Number 52 - Approving Texas
Electric Utilities Company Tariff Schedules.
Councilman Kovach moved to approve Ordinance Number 52 to approve Texas
Electric Utilities Company Tariff Schedules, seconded by Councilman
Boone and motion carried unanimously.
ITEM NO. 5 - Approval of Budget Amendment to Designate $20,600 for
Bridge Replacement Program.
Mr. Rowe advised council the city had been notified that the bridge on
New Hope Road (an off-system - not a state dedicated route) was eligible
for federal funds for repair and replacement, and a weight limit sign
should be placed posted limiting weight across the bridge to 3,000
pounds.
Legal Counsel, Wayne Olson briefed council on the city's liability for
the condition and use of the property such as the bridge. It can be
shown that they city was negligent in maintaining the bridge properly or
negligent in failing to warn the public of the danger of the bridge. We
are liable under the Texas Tort Claims Act up to $500,000.00 per
incident. If we have knowledge of a condition and we do not take
adequate action to remedy the condition or adequately warn the public of
the condition then we are liable. Mr. Olson advised that if there was
any significant risk of danger to the public, or real concern that the
bridge might collapse then the city should close it. If there is not a
real concern, then a weight limit should be posted.
Mr. Rowe replied the city's position is to repair the approach to the
bridge where the water has been eroding underneath the bridge and try to
repair that at the engineer's direction to prevent any further erosion,
and to at least, keep the bridge at its present state so it doesn't
deteriorate any further than it already has, but to watch the bridge and
if things start to get worse, then approach it from a closing
standpoint.
Mr. Olson recommended a follow-up with Cheatham and Associates to make
whatever repairs are needed and require Cheatham to do a follow-up
inspection and request a new letter stating that with the repairs that
are done it can continue with additional limitation on the weight that
crosses the bridge, and that the bridge will be considered safe until
such time we can improve the structure. The periodic inspections need
to be performed from then on to ensure that the water is not undermining
the bridge. In this matter, Cheatham will basically document the fact
that appropriate actions have been taken.
Councilman Kovach moved to request Cheatham & Associates to provide the
city with .a list of repairs with estimated cost, and potential problems
due to each particular repair and also to provide an inspection
schedule. Council agrees to replace the bridge within four years and to
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participate in the State Bridge Program with no designated funds set
aside at this time. Motion failed due to no second.
Councilman Boone moved to approve a budget amendment in the amount of
$20,600 from uncommitted reserve funds into the category of "Designated
for replacement of New Hope Road bridge", and to request Cheatham &
Associates to provide a list of repairs with costs and potential
liabilities for problems if those repairs are not done and also to
provide an inspection schedule. Councilman Kirkpatrick seconded the
motion and it passed unanimously.
Council advised Chief Geeslin to erect the weight limit signs limiting
the weight on vehicles to cross the bridge.
ITEM NO. 7 - General Discussion.
Ms. Vicki Thompson, Director of Finance advised council on the status of
lightning damage that struck city hall on June 28, 1994.
There being no further discussion, Mayor Abbott recessed for five
minutes at 8:50 p.m. before entering into executive session.
EXECUTIVE SESSION
ITEM NO. 8 - Deliberation regarding real property per Texas
Government Code, Section 551.072.
ITEM NO. 9 - Consultation with attorney concerning pending or
contemplated litigation; a settlement offer; or a
matter in which the duty of the attorney requires it
per Texas Government Code, Section 551.072.
RECONVENE INTO OPEN SESSION
Mayor Abbott reconvened into open session at 9:26 p.m.
ITEM NO. 10 - Action on executive session if necessary.
There was no action taken.
There being no further discussion, Mayor Abbott adjourned the meeting at
9:27 p.m.
APPROVED:
ayor Bi 1 Abbott
ATTEST:
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Kathy Tu er, City Secretary