05/11/1989, Regular Meeting Minutes1616
KENNEDALE CITY COUNCIL
Regular Meeting - May 11, 1989
Carmunity Center
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Mayor Steve Radakovich called the meeting to order at 7:45 p.m.
Members present were Steve Radakovich, Bill Abbott, Pete Kirkpatrick,
Jerry Mitchell, John Mallory, Robert Mundy and Mark Wright.
Ted Rowe delivered the invocation.
The Fire Department did not make their presentation due to the storm
damage to the fire station.
Mayor Steve Radakovich announced that a letter had been sent to Judge Roy English
in regards to the storm damage. The police, fire, water and street departments
made a house to house survey to assess the damage by the storm. Mayor Radakovich
informied Council that the city had to spend emergency money to repair city property
until the insurance programs could be settled. An itemized statement of expendi-
tures will be furnished at the next meeting. About 40 businesses and 350 homes
were damaged.
OLD BUSINESS
ITEM NO. 1 - Approval of minutes of a Special Meeting dated March 30, 1989,
Public Hearing and Regular Meeting dated April i3, 1989.
The minutes were approved as submitted.
ITEM NO. 2 - Action on Public Hearing No. 1, Replat of a portion of
W.J. Boaz Subdivision.
Motion was made by Pete Kirkpatrick, seconded by Jerry Mitchell, to approve
the replat of Lots 3A, 3B & 3C, W.J. Boaz Subdivision as recommended by the Plan-
ning and Zoning Commission. Motion carried without opposition.
ITEM NO. 3 - Action on Public Hearing No. 2, Replat of Woodlea Business
Park.
Ted Rowe explained that the plans had been checked thoroughly by the engineers
and all of the technicalities had been worked out and are still trying to find
some additional information on sewer availability at the rear of the lot.
Motion was made by Bill Abbott, seconded by Mark Wright, to approve the replat
of Woodlea Business Park as recommended by the Planning and Zoning Commission.
Motion carried unanimously.
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Regular Meeting - May 11, 1989, Cont.
ITEM NO. 4 - Action on Public Hearing No. 3, Delete "A-1" Attached One-
Family Dwelling District.
Motion was made by Mark Wright, seconded by Bill Abbott, to delete the "A-1"
Attached One-Family Dwelling District as recommended by the Planning and
Zoning Commission. Motion carried unanimously.(etel.?9-(~)
ITEM NO. 11 - Approval of Price for New Police Facility, and Authority
to Sign Contract.
Mike McCarty met with Peterson and resolved details and costs. McCarty stated
that he didn't think the heat pump was going to be utilized because the numbers
didn't seem like it was worthwhile. Jail down time is estimated at 30 days
or so. The parking area was reduced in size with 4" thick concrete for the
parking. The driveway and fire lane are thicker. The bid price is $420,100
for the building with Dryvit/metal soffit, concrete drive/parking and a $9,000
maintenance bond (included).
McCarty said the additional options are baked enamel roofing at $4,500 and
an additional 1,800 square foot of attic storage at $3,800. The maintenance
bond would be for one year taking affect at the time of completion of the
building. Council discussed in detail the necessity of the maintenance bond.
Ted Rowe stated that we have the insurance of McCarty through on site visits
and the insurance through the building inspectors visits. Bill Abbott was
concerned about trying to replace panels in the baked enamel roofing because
of fading after a period of time as discussed in prior meetings.
Motion was made by Bill Abbott, seconded by Pete Kirkpatrick, to approve the
bid of $411,100 which excludes the maintenance bond of $9,000 and include
additional storage in attic for $3,800 totalling $414,900. Motion carried
unanimously.
NEW BUSINESS
ITEM NO. 5 - Canvass of May 6th Election and Administration of Oath of Office.
Mayor Radakovich read the following election results:
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Place 1 Poll Absentee Total
Mark Wright 114 12 126
Place 3
Robert Mundy 149 16 165
Eugene Garner 22 1 23
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Regular Meeting - May 11, 1989, Cont.
Place 5 Poll Absentee Total
Pete Kirkpatrick 88 13 101
Ballot Proposition
"Legalizing bingo games for charitable purposes as authorized by the Bingo
Enabling Act in the City of Kennedale."
For Against
105 85
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181 Poll Voters
17 Absentee Voters
198 TOTAL
Motion was made by Jerry Mitchell, seconded by Bill Abbott, to approve thy.:
results of the election. Motion carried unanimously.t~~~'4'E~
City Attorney Don Driver administered the oath of office to the new council
members Mark Wright, Robert Mundy and Pete Kirkpatrick.
ITEM NO. 6 - Approval of Contract for Delinquent Tax Collections.
Mr. Wayne Ronne of Ronne, Hoodenpyle, Lobert & Myers Attorneys and Counselors
at Law was present to explain the contract, fees and procedures for the
collection of delinquent taxes.
Bill Abbott questioned the two year period of the contract and automatically
renewing. Mr. Ronne explained that the contract could be terminated with 30
days written notice and normally they would appear before Council to renew the
contract for additional two year period. The six month clause means that the
firm would receive a fee on all taxes collected in existing suits and judge-
ments initiated in the contract period.
Bill Abbott requested that Section 5 (e) be changed to quarterly progress
reports instead of progress reports upon request by the city.
Motion was made by Bill Abbott, seconded by Robert Mundy, to approve the
contract with Section 5 (e) changed to quarterly reports. Motion carried
unanimously.
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Regular Meeting - May 11, 1989, Cont.
ITEM NO. 7 - Approval of Ordinance Authorizing Additional Penalty to
Defray Cost of Collection of Delinquent Taxes.
Mark Wright questioned expenses incurred in collection of taxes. Don Driver
explained that the law firm mays the court cost and the City of Kennedale
is billed and when the judgement is collected from the tax payers, they are
required not only to pay the taxes and the 15%, but also, the court cost and
then the city is reimbursed. Mr. Ronne said that a deposit is not required to
file suit, the court cost is collected at the time taxes are collected and if
the city has reimbursed the firm for any expenses, it will be paid back to the
city.
Bill Abbott made a motion to adopt Ordinance 89-5 authorizing additional
penalty to defray collection cost of delinquent taxes, seconded by Mark Wright.
Motion carried without opposition.
ITEM N0. 8 - Appointments of Planning and Zoning Commissioners.
John Gregory and Sue Hairs' termslaave expired on the P&Z and they did not wish to
continue serving. Pat Turner resigned in February. Mary Salinas, Roger
Hurlbut and Tom Boone have volunteered to serve on the P & Z for a two year
term.
Mark Wright made the motion, seconded by Bill Abbott, to appoint Mary Salinas,
Roger Hurlbut and Tam Boone to the Planning and Zoning Commission. Motion
carried, none opposed.
ITEM NO. 9 - Approval of 1988 Uniform Building, Plumbing, Mechanical,
Fire Codes, and the 1987 National Electric Code.
Bill Abbott was concerned with the amendments to the various codes. Mayor
Radakovich said that the new codes would bring us up to date in changes in
technology and procedures; most everybody in the metroplex can work under the
same set of rules. The Planning and Zoning commission has reviewed and recom-
mended approvalof the code with amendments that were recommended by North Central
Texas Council of Governments and those previously approved by the City Council.
Motion was made by Jerry Mitchell, seconded by Pete Tirkpatrick, to adopt the
1988 Uniform Building, Plumbing, Mechanica'1 and Fire Codes and the 1987 National
Electric Code. Mithcelt, Kirkpatrick, Mundy voted aye. Wright voted nay and
Abbott abstained. Motion carried. ~p~d , 89- ~ t~vu, 8~1~ !!)
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Regular Meeting - May 11, 1989, Cont.
General Discussion
Ken Pearce expressed great concern about Everman's Ambulance serving Kennedale
citizens on weekends instead of Kennedale servicing their own citizens with
paid personnel. Pearce suggested that the paid personnel be done away with
and return to the volunteer system. Council responded that there is a lack of
volunteers and they had to hire persons to take care of the needs during the daytime
hours while volunteers were at work on their own jobs.
Pete Kirkpatrick made a motion to enter into executive session at 8:55 p.m.,
seconded by Robert Mundy. Motion passed unanimously.
CERTIFIED AGENDA OF EXECUTIVE SESSION
ITEM NO. 10 - Closed session to discuss litigation with the City of Fort Worth
(Section 2 (e) Art. 6252-17 V.T.C.S.)
Certifica i by Ted Rowe
Jerry Mitchell made a motion to reconvene into open session at 9:15 p.m.,
seconded by Pete Kirkpatrick. Motion carried.
There being no further business, motion was made by Bill Abbott, seconded by
Mark Wright, to adjourn the meeting at 9:35 p.m. Motion carried unanimously.
APPROVED:
~ Mayor Steve Radakovich
ATTEST:
City cretary