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08/11/1994, Regular Meeting Minutes2097 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING - AUGUST 11, 1994 100 E. BROADWAY ST. - COMMUNITY CENTER 7:30 PM. Mayor Abbott called the regular meeting to order at 8:03 p.m. Members present were Mayor Abbott, Councilman Wright, Mundy, Kirkpatrick and Boone. Councilman Kovach was absent. Staff present were Ted Rowe, Kathy Turner, Linda Royster, Michael Box, Joey Highfill and legal counsel, Wayne K. Olson. Councilman Mundy gave the invocation. ITEM NO. 1 - Approval of Minutes: Regular Meeting - July 21, 1994. Councilman Wright moved to approve the July 21, 1994 minutes as they were submitted, seconded by Councilman Mundy and motion carried with no opposition. ITEM N0. 2 - Approval of Ordinance No. 53 to allow dismantling and storage of inoperable vehicles in an enclosed building in a "PD" Planned Development District. Mr. Ted Rowe informed council that there were blank lines left in the ordinance for the council to add any restrictions that they felt necessary under Section One. Legal Counsel, Wayne K. Olson advised that the ordinance had specific language that all dismantling and storage of inoperable vehicles shall be indoors within an existing building. Mayor Abbott questioned if a description and sizes of the buildings would be included in the ordinance. Mr. Rowe replied that there was a site plan submitted. Councilman Boone asked when the vehicle carcasses would be hauled-off. Mr. Mitchell replied that day and they would be kept indoors until hauled-off. Mr. Boone also inquired about the fire hazard materials and was informed Mr. Mitchell has passed all fire inspections. Councilman Wright moved to approve Ordinance Number 53 allowing dismantling and storage of inoperable vehicles in an enclosed building with there being no more than 35 vehicles at one time contingent upon cleaning the rear lot and hauling all debris off within 10 days, and to control the language. Seconded by Councilman Kirkpatrick. Councilman Wright, Kirkpatrick and Boone voted aye with Councilman Mundy voting opposed. Motion carried. i _~ 2098 ITEM NO. 3 - Approval of Ordinance No. 54 changing the zoning of FWT, Inc., property from "PD" Planned Development District and "R-1" Single Family District to "I" Industrial District with a 200 foot buffer of "C2" General Commercial District. Chairman Gray stated that the Planning and Zoning Commission forwarded a recommendation for approval and requested council approve it as they recommended it. Councilman Kirkpatrick moved to approve Ordinance No. 54 as stated above, seconded by Councilman Boone. Legal Counsel requested clarification in the ordinance of the measurement of the 200 foot distance from the old right-of-way line of 287 and the current right-of- way line on I-20. Motion carried with no opposition. ITEM NO. 4 - Accept Petition for annexation, Order a Service Plan be prepared and schedule two public hearings. Councilman Mundy moved to accept petition, requested staff to prepare a service plan prior to the public hearings, and to schedule public hearings as required. Second by Councilman Boone and motion carried unanimously. ITEM NO. 5 - Approval of Contract No. 94-09 with Tarrant County Tax Assessor/Collector for collection of ad valorem taxes for the 1994 tax year. Councilman Wright moved to accept Contract No. 94-09 contracting with Tarrant County for ad valorem tax collection for 1994, seconded by Councilman Mundy. Motion carried without opposition. ITEM NO. 6 - Approval of Contract No. 94-10 with Rohne, Hoodenpyle, Lobert, Myers & Scott for delinquent property tax collections. Ms. Barbara Williams representing the law firm referenced above stated they have thirty-five years in property tax collections and presented council a summary of collections for the City of Kennedale. Councilman Mundy moved to approve Contract No. 94-10 as presented, seconded by Councilman Kirkpatrick and motion carried unanimously. ITEM NO. 7 - Approval of Ordinance No. 55 authorized an additional penalty to defray costs of collection of delinquent taxes. Ms. Williams stated that there was a statute in the tax code that states after July 1st if a tax is still delinquent or if it becomes delinquent after that time, that a statutory penalty of 15 percent is applied to the tax so the base amount, penalty and interest is added together, then 15 percent is added to the total amount due and this comes from the tax payer. The only time it would not come from the tax payer is if the case was a bankruptcy. Councilman Wright moved to accept Ordinance No. 55 to authorize an additional penalty to defray cost of collection for delinquent taxes, seconded by Councilman Kirkpatrick. Motion carried without opposition. 2099 ITEM NO. 8 - Award bid for Wrecker Service Contract. Councilman Mundy moved to table item eight and direct staff to further evaluate the bids including all permits, licenses, and insurance policies and to submit the final evaluation for council review at the next regular meeting. Seconded by Councilman Kirkpatrick and motion carried unanimously. ITEM NO. 9 - Acceptance of the 1994 Appraisal Roll and submission of required information. Councilman Wright moved to accept the 1994 appraisal roll and submission of the required information, seconded by Councilman Boone and carried with no opposition. ITEM NO. 10 - Consideration of delaying enforcement of removal of portable signs. Councilman Boone reported that Ms. Shirley Byram from Take Your Pick Video called and inquired about the enforcement of this policy. Councilman Boone requested that council discuss this issue further. Mayor Abbott stated that if there was any discussion to be done then it should go back to the planning and zoning commission and he feels that the enforcement of this policy should proceed just as it was intended. Councilman Boone inquired if the council considered the impact upon the businesses themselves. Mayor Abbott replied that the businesses had the opportunity to reply during the process as anyone else did. No action was required on this item. ITEM NO. 11 - General Discussion. Mayor Abbott advised the BBQ Cook-off will be held August 26 & 27 and it will benefit the Library and the Park Board as well as local not for profit organizations which participate with booths. Kathy Turner advised Council to schedule two public hearings for August 25th and 30th, 1994 for the proposed annexation and informed council to start thinking about scheduling budget workshops for Tuesday and Thursday's. Mayor Abbott advised patrolman Gary Cooper was doing well and was anxious to get back on his feet. There being no further discussion, Mayor Abbott recessed for five minutes at 8:50 p.m. Council reconvened at 9:02 p.m. and entered into executive session at 9:05 p.m. EXECUTIVE SESSION ITEM NO. 12 - Closed session to discuss advice about pending or contemplated litigation, a settlement offer, or on a matter in which the duty of the attorney to the City under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Texas Open Meetings Act, pursuant to Section 551.071, Texas Government Code. 2100 RECONVENE INTO OPEN SESSION Mayor Abbott reconvened into open session at 9:30 p.m. There being no further discussion Mayor Abbott adjourned the meeting. APPRO ayor Bill Rbbott ATTEST: ~~~.r° . Kat y T ner, City Secretary 1