11/10/1994, Regular Meeting Minutes2130
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING - NOVEMBER 10, 1994
100 E. BROADWAY ST. - COMMUNITY CENTER
7:35 PM
Mayor Abbott called the meeting to order at 7:36 p.m.
Members present were Mayor Abbott, Councilmen Wright, Mundy,
Kirkpatrick, Boone and Kovach.
Staff present were Ted Rowe, Kathy Turner, Michael Box, Linda Royster,
David Geeslin, and Wayne K. Olson, legal counsel.
Councilman Mundy presented the invocation.
ITEM NO. 1 - Approval of Minutes: Public Hearing - October 13, 1994
Regular Meeting - October 13, 1994.
Councilman Boone moved to accept the minutes as they were submitted,
seconded by Councilman Kirkpatrick. Motion carried unanimously.
ITEM NO. 2 - Approval of Ordinance No. 64 - changing the permitted use
of land in a "PD" Planned Development District for
Lots 25A and 25B, Block 1, Woodlea Acres - A & A Pickup
and Van Operations.
Mr. Gary Mitchell representing A & A Pickup and Van Operations was
present to answer Council's questions.
Councilman Wright questioned how hazardous materials are handled. Mr.
Mitchell replied that it was stored in a 500 pound tank and was removed
once a month.
Councilman Mundy reiterated the fact that he doesn't like seeing the
city putting a number on cars that can be stored inside a building.
Mayor Abbott replied that the owners agreed to it and it would benefit
the city if a new owner was to take over.
Councilman Wright moved to approve Ordinance No. 64 with the correction
of changing 63 to 64 where needed, seconded by Councilman Kirkpatrick.
Councilmen Wright, Kirkpatrick, Boone and Kovach voted aye. Councilman
Mundy was opposed. Motion carried.
ITEM NO. 3 - Approval of Ordinance No. 66 authorizing a zoning change
to "R1" Single Family Residential District and a replat
of Lots 1, 2, and 3, Block 1, Middleton Estates.
Councilman Mundy moved to approve Ordinance No. 66 with the stipulation
that "R3" be corrected to reflect "R1", and to approve the replat as
stated above as recommended by P&Z and agreed to by the requesting
families, seconded by Councilman Boone and motion carried without
opposition.
ITEM NO. 4 - Approval of Ordinance No. 60, Ambulance Fees.
Mayor Abbott moved to delay item four because discussion was required
during executive session.
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ITEM NO. 5 - Approval of Contracts with City Administrator and Police
Chief.
Councilman Boone moved to approve the contracts with the City
Administrator, Ted Rowe and Police Chief, David Geeslin, seconded by
Councilman Wright. Motion carried unanimously.
ITEM NO. 6 - Appointment of Planning and Zoning Commissioner.
Councilman Boone inquired if Commissioner Cromer had agreed to step down
and become an alternate.
Chairman Gray from the Planning and Zoning Commission replied that Mr.
Cromer informed Mr. Wetterling that due to personal reasons he needed to
step down.
Councilman Wright moved to appoint Ralph Warner as Planning and Zoning
Commissioner, and Bill Cromer as Alternate, seconded by Councilman
Kovach. Motion carried with no opposition.
ITEM NO. 7 - General Discussion.
Mayor Abbott informed Council that the Chamber of Commerce would be
painting the community center November 12, 1994 and sought volunteers
from council.
In addition, Mayor Abbott thanked Councilman Mundy for his donation to
the trout to be delivered to the city parks in January, 1995.
Mrs. Billie Terry addres sed Council with her concerns regarding the
commercial building located at 301 E. Mansfield Highway, which Mrs.
Terry owns. Mrs. Terry explained that no matter what she does, the
building keeps receiving red tags and inquired how to resolve this
reoccurring problem.
Mayor Abbott replied to Mr. Terry that the Council could not inspect the
building because they are not trained in that area and that was why the
city had a building inspector. Councilman Kirkpatrick advised Mrs.
Terry to work with the building inspector to alleviate the problems and
then the building would comply with codes.
Mr. Mort Wetterling, Assistant to the Director of Planning and
Development informed Council of the issues that were involved with the
building and told Council that the building is basically hazardous and
needs multiple repairs before it could ever be occupied.
Chairman Gray addressed Council with the issue he presented in his memo
and inquired if Council had a chance to review them. Mayor Abbott
replied Council had suggested that the subdivision ordinance should be
revisited and personally feels the "PD" district should be revisisted
starting at the planning and zoning level.
Councilman Wright stated that he would like to see the sign ordinance
revised along the 287 Overlay District. Councilman Kovach asked if this
could be reviewed through the Chamber of Commerce. Mr. John Berry
stated that he has not heard one complaint come through the Chamber and
felt that the sign ordinance was fine. Mayor Abbott suggested that
Councilman Wright come up with some alternatives for the Planning and
Zoning Commission to start with.
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Councilman Kovach questioned if the City could work with Mrs. Terry and
provide her a list of repairs that needed to be corrected for each type
of use that could go in her building. Mr. Wetterling stated that as
each use changed, Mrs. Terry has been informed what needed to be done to
correct the building before it could be occupied.
There being no further discussion, Mayor Abbott recessed at 8:30 p.m.
before entering into executive session.
ITEM NO. 8 - Closed Meeting.
(A) The City Council will meet in closed session at 8:45 p.m. to discuss
advice about pending or contemplated litigation, a settlement offer, or
an 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.
RECONVENE INTO OPEN SESSION
Mayor Abbott reconvened to open session at 9:35 p.m.
ITEM NO. 4 - Approval of Ordinance No. 60 - Ambulance Collecting Fees.
Councilman Mundy moved to table this item, seconded by Council Kovach
and motion carried unanimously.
There being no further discussion, Mayor Abbott adjourned the meeting at
9:37 p.m.
APPROVED:
Mayor Bill Abbott
ATTEST:
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City S retary
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