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10/10/1991, Regular Meeting MinutesPage 1835 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING - OCTOBER 10, 1991 COMMUNITY CENTER Mayor Steve Radakovich called the meeting to order at 7:35 PM. Members present were Mayor Radakovich, Mark Wright, Robert Mundy, Pete Kirkpatrick, Tom Boone and Ron Kovach. Staff in attendance were Ted Rowe, Linda Jones, Vicki Thompson, Linda Royster, Gene Henick, Stan Rountree, David Geeslin and Attorney Don Driver. ITEM N0. 1 - Approval of Minutes dated September 12, 17, 18 and 25, 1991. With no correction, the minutes stated above were approved as presented. ITEM N0. 2 - Consideration of Extending the Cable Television Agreement for Fifteen (153 Years. Mr. Tom Soulsby requested Council to extend the cable television agreement for fifteen (15) years. Sammons was prepared to upgrade the system from 330 mega hertz to 450 mega hertz and increase the channel capacity from 42 up to 60 channels, pending approval of the agreement. Mr. Soulsby stated that it would take 24 months for upgrading the system at the outside. However, it is possible to be completed as soon as one year. He would deliver a better product for the same price. What the change will do, is drive the cost per channel down. The community will have the ability to have a wider variety and in the future, when adding services they will have the Page 1836 ability to provide them. Right now they are channel locked. Fort Worth presently has 450 mega hertz, 60 channels. Another advantage is technology for signal compression allows 4 to 6 channels in 6 mega hertz. What you have effectively done, is grow your system by a 4 or 6 multiplier, this will increase the channel system capability to 240 or 360. This will bring you closer to ala carte buying which is a converter in each house, charge a minimum charge and pay for what they watch on T.V. He didn't know if that system was going to be implemented, but the industry needs to get to that place. Mark Wright asked if the franchise fee was still at 3% and if it was would Sammons consider increasing it to 5%. Mr. Soulsby said he would accept 5% as a change to the franchise. Ron Kovach made a motion to accept Ordinance Ho. 12 with the conditions that the franchise fee is increased to 5% and service shall be implemented within 24 months. Second by Tom Boone and passed unanimously. ITEM K0. 3 - Appointment of Members to Fill Vacancies on the Board of Adjustment (BOA). Mark Wright stated that he had talked to some board members and they said that it would be nice to have an attorney on the B.O.A. and John Clark is an attorney. Motion by Tom Boone, second by Ron Kovach to appoint Janna Brimer as a regular member, term expiring in 1993 and Melinda Esco, alternate member, term expiring in 1992 and John Clark, alternate member, term expiring in 1993. Motion carried without opposition. LJ Page 1837 ITEM KO. 4 - Approval of Revised Industrial Waste Ordinance. Ted Rowe stated that the city has an industrial waste ordinance that has been in effect for approximately 10 years. EPA has implemented changes that require cities operating sewer plants to update ordinances and each customer city must update their ordinances. The Fort Worth ordinance has been changed to make it apply to Kennedale. There are no significant changes that would affect the present procedures. The ordinance has to be forward to Fort Worth so they can send it to the E. P. A. Ron Kovach asked if there were any changes that would make the sewer fee increase. Ted Rowe stated that the E. P. A. requirements are increasing nearly every year. The discharge requirements guarantee a higher quality water than water requirements. The changes that the Congress is making could increase the fees, but so far they haven't. Robert Mundy pointed out that Section V of the proposed Ordinance states that the fine should not exceed 82,000 for each violation. Mundy said there is a legal question whether the city can enact 52, 000 fines. Some statues indicate 81, 000. Robert Mundy moved to approve Ordinance Ho. 14 with an amendment to Section V to read as "the maximum fine of 52,000 or the maximum permitted by law." Second by Ron Kovach and passed unanimously. ITEM NO. 5 - Approval of Amendment to Correct Administrative Error in the Business 287 Overlay Ordinance. Ted Rowe explained that the Business 287 Overlay Ordinance was passed by Council on August 8, 1991. The implementing motion contained a provision to amend the original draft ordinance by including several changes. One of the changes was a revision to Page 1838 the implementation schedule for the sign portion of the ordinance. Due to an administrative oversight, this change was only made in one paragraph on page two of the ordinance. A recap of the sign implementation schedule on page eighteen was not amended. To correct this error, the provisions of paragraph (4) of Section 13-25B(n) on pages 17 and 18 should be amended to reflect the provisions adopted by Council for paragraph (6) of Section 13-25Htc) on pages two and three. Motion by Robert Mundy, second by Ron Kovach to approve Ordinance No. 13 amending the Business 287 Overlay Ordinance. Motion carried unanimously. ITEM NO. 6 - Consideration of Multi-Year Budget. Council discussed the following: Multi-Year Budget Development Enclosure A: Starting with the development of the budget for the fiscal year which starts in October 1991, the City Staff will develop and the Council will review and approve a five year budget in accordance with the following guidelines: (1) The Year 1 Budget (in this case the FY 91/92) will be developed, reviewed and approved in the exactly the same manner as in the past. t2) The budgets for Years 2 through 5, even though they will be "for planning purposed only", will be developed and approved in a similar manner. These budgets will show all expected receipts and expenditures of the City for the applicable budget year. It is anticipated that the budget for years 2 and 3 will be almost as detailed as the year 1 budget, while the budget for years 4 and 5 will only show major items. 0 Page 1839 C ~J (3) In future years (1992 and on), the City Staff shall use the most recently approved multi-year budget as the basic guidance for the development of the new year 1 budget. Of course, the council reserves the right at anytime to provide additional guidance on budget development to the staff. (4) Each year the Council will review the previously approved five year budget plan and adopt a new five year plan that will meet the needs of the Citizens of Kennedale for the next five years. Robert Mundy moved to adopt as a policy, the multi-year budget development as outlined in Enclosure A above. Second by Ron Kovach and approved unanimously. ITEM NO. 11 - Accept Bids and Award Contract for an Ice Machine for the Fire Department. Ted Rowe stated that approximately 52,500 to $2,800 was allowed in this years budget for the purchase of the ice machine. The bids were as follows: Stephens Equipment 52,800.00 American Ice 52, 403.60 Industry Sales 52, 590.00 J. Grace Refrigeration 52, 755.00 Accu-Temp 52, 828.00 Hoshizaki 52, 720.00 Jerry Kirkpatrick recommended approval of Hoshizaki bid of 52,720. However, he was not present to explain his recommendation. Mayor Radakovich stated that he would like to stay with American made products when possible. Motion by Ron Kovach, second by Tom Boone to accept the bids and award a contract to American Ice for 52, 403.60. Kovach, Boone, Wright and Mundy voted aye. Kirkpatrick voted nay. Motion carried. Page 1840 ITEM NO. 7 - General Discussion. Ted Rowe explained that a house at 229 S. New Hope Road had been declared dilapidated by the city inspector. The owner did not protest in the time limit allowed by ordinance. Attorney Don Driver informed staff that he could still present his case, if Council was willing to hear it. It was the consensus of the Council to consider the appeal. Motion by Pete Kirkpatrick, second by Tom Boone, to enter into executive session at 8:25 p. m. Motion carried unanimously. EXECUTIVE SESSION ITEM NO. 8 - Discussion of Pending (Article 6252-17 Sec. ITEM 0 9 - D: cussion of Discipl ti~c~le 6252-17 Sec. r i ica ion y ayor a s ovic RECONVENE INTO OPEN SESSION Litigation on Mr. Gowen. (2) (e)> inary Action on Stan Rountree. (2) (g)) Motion by Pete Kirkpatrick, second by Ron Kovach to reconvene into open session at 9:10 PM. Motion carried unanimously. ITEM N0. 10 - Action on Executive Session if Necessary. No action was taken on closed session. There being no further business, motion by Mark Wright, second by Ron Kovach to adjourn at 9:11 PM. /~ APP VED: -- t.C.~-C. Mayor Steve Radakovich ATTEST: ~ b--- City Secretor