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09/09/1993, Regular Meeting MinutesPage 2038 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING - SEPTEMBER 9, 1993 100 E. BROADWAY ST. - COMMUNITY CENTER Mayor Abbott called Lhe meeting to order aL 7:15 p.m. Members present were Mayor Bill AbboLL, Mark WrigtiL, Robert Mundy, Pete Kirkpatrick, and Tum Boone. Ron Kovach was absent. Staff present were Ted Rowe, Don Driver (City Attorney), Vicki Thompson, Kathy Turner, and Joey Highfill. Also present was Mr. David Lewis representing Governmental 5et•vice Agency, Inc. (GSAj. ITEM NO. 1 - Adoption of Budget F.Y. 1993-94. Councilman Mundy moved to approve Ordinance No. 37 adopting the budget F.Y. 1993-94. Second by Councilman Kirkpatrick and passed unanimously. ITEM NO. 2 - Adoption of Tax Rate for 1993. Mo-Lion by Councilman Wright, second by Councllmari Boone to approve Ordinance No. 38 adopting $0.44672 for maintenance and opet•ation, $0.06196 for interest and sinking on bonds, a total -Lax rate of $0.50868 for 1993. Motion carried without opposition. ITEM NO. 3 -Approval of Final PIaL - Steeplechase Estates Section Two. Mr. Rowe advised council that Cheatham and Associates recommendations have all been met, and the water line situation had been resolved. Councilman Boone moved to accept -Lhe Final P1aL of Steeplechase Estates, Section Two, seconded by Councilman Mundy. Motion carried unanimously. Item no. 4 was delayed. TEM NO. 5 - Approval of CoritracL - Woodland CL. Mo-Lion by CourwiLnari Wright to approve Lhe contract with Nu-Way Paving in the amount of $10,789.92 to repair Lhe itiLersecLion of Woodland Ct. Second by Couricilmari Mundy and motion passed unanimously. I-Lem nu. 6 was delayed. ITEM NO. 7 - Approval of Emergency Expenditure to Repair Fire Engine "02". Page 2039 Councilman Mundy moved to approve the emergerwy expenditure in the amount of $7, 392.73 for Fire Engine 02, secorrded b•y CounciLnarr Boone. Motiorr cat•ried urrarrimously. ITEM NO. 8 - Discussion of Street Rehabilitation Program. Mr. Rowe briefed council on recommendations for ttre planning and ~onirig commission for Lhe Street rehabilitation program for the budget year 1993-94. Rowe also addressed his recommerrdatiorr fur 1993-94 ptrysical year on repairing all major dautage to streets, seal all corwrete streets , and seal high quality asphalt streets . He also recouunerided that county assistance be requested to reconstruct Little School Road and repair West Sublett Road. ITEM NO. 6 - Approval of Proposed Zoning Ordirrarrce and Map. Mr. Pat Turner addressed the courwil regarding Turner Act•es. He was concerned wii;h the additional requirements in the PD ~oriirig in order to split the land up into two or -three equal parts . Mr . Turner was advised that tie would have to comply with all PD ~onrig requirements. Motion by Councilman Mundy, seconded by Councilman Kirkpatrick to approve the Proposed Zoning Ordinance and Map with the following additions: 1} On page 19, Section 17-414, "C-1" Restricted Commercial District. Addition of the following sentence to paragraph A Purpose "This sec-Lion is rwt intended to protribit the outside display of merchandise in -the rwrmal course or retail business.", 2) On page 22, Section 17-418, "PD" Planned Development District. Under B Permitted Uses, "Agricultural Uses" shoul~a be added to reflect the most prominent current use in the PD Districts shown on the map., 3) On page 25, paragraph (3} (b) 2, last line. Insert Lhe word "concept" aftet• "architectural.", and 4} On page 41, "Telephone Pol~„s and Lines" now reads "Utility Poles and Lines". Motior: carried unanimously. ouncilman Mundy also nwved that council formally send thank you rwtices to Starr and tyre planning and ~onrrg conunission for their hard wot•k and time spent on the rewrite. Second by Couricilmari Boone and passed without opposition. ITEM NO. 4 - Approval of Contract with Friends of the Library. Mrs. Cheryl Abbott, Acting President for Friends of Lhe Library stated they are trying to get credited by the State and this requires a formal contract wittr tyre City of Kerrnedale. Councilman Boone nwved to accept the Contract with Friends of the Library contingent upon amending item no. 12 to read "The City agrees to provide irrsuratrce to cover the loss of building or property of the LIBRARY due to theft, sire or natural disaster to the extent coverage is available." Second by Councilman Kirkpatrick. Motion carried unanimously. Page 2040 ITEti1 NO. 9 - Approval of Wholesrsle Wastewater Corrtt•act witYr Furl. Worth for ttre Torrrnry Moore Property orr Gilrrrarr Road. Motiorr by Courrcilnrarr Wrigtrt, seconded by CounciLuan Boorre to accept the Wholesale Wastewater Corrtract with Ford, Worttr. Motiorr passed without; opposition. ITEM NO. 11 - General Discussion. Mr. Ken Pearce addressed council regarding the ditches by Heidelberg Harris. Mr. Rowe advised Mr. Pearce t~rat Lhe county wits taking care of Dick Price Road. Chief Geeslin briefed c:ourwil that the radio syste,n should be installed in console next week arrd the police, fire and ambulance should be operating on it by October 1, 1993. The old systettt will be installed in the Water and Street Department offices and vehicles. ITEM NO. 10 - Approval of Minutes for Public Hearing - August 3, 1993, Regular Meeting - August 12, 1993 and Special Meeting - August 19, 1993. Courrcilmarr Mundy proved to accept the rnirrutes of August 3 and 12, 1993, sec;orrdea by Councilman Boone and passed unanimously. Councilman Boone rrwved to accept the minutes of August 19, 1993 with the amendment of page 2032, Item No. 1, paragraph one, cYrange "Wright abstained" to "Wright voted rray." Second by Councilrrran Kirkpatrick. Motion carried without opposition. Mayor Abbott recessed the meeting at 8:30 p.nr. The council went into executive session at 8:40 p.m. EXECUTIVE SESSION ITEM N0.12 - Closed Session to Discuss Contracts with City Attorney, Auditor, and Engineer. V.T.C.S. - Art. 6252-17, Sec. (2) (g). ITEM NO. 13 - Closed Session to Discuss Pending Litigation - Mae Simpson. Settlement Agreement. V.T.C.S. - Ar•t. 6252- 17, Sec. (2) (e). ITEM NO. 14 - Closed Session to Discuss Pending Litigation with City of Fort Worth - Sewer Rate. V.T.C.S. - Art. 6252-17 (2} (e). RECONVENE INTO OPEN SESSION rlayor Abbott reconvened into open session at 10:15 p.nr. Page 2041 ITEM NO. 15 - Action on Executive Session if Necessary. Councilman Wright nwved Lo file an appeal wiLYr the Texas Water Conrruission. Second by Councilman Kirkpatrick. Motion carried unanimously. Motion by Councilman Murrdy, seeorrded by Councilrnarr Wrig~rL to accept the settlement agreement between Lhe City of Keruiedale and Mae Simpson. Motion carried without opposii.orr. There being no further discussion, Mayor Abbott adjourned the meeLirig aL 10:20 p.rn. APPROVED : ~Q - /fl-1~~~ ~~ Mayor Bill Abbott ATTEST: ~~i~ ~ Q~ Ac tirrg C~Secretary