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04/12/1984, Regular Meeting MinutesPage 12$2 REGULAR MEETING KENNEDALE CITY COUNCIL APRIL 12, 1g84 Mayor Radakovich assembled the meeting at 7:30 p. m. Gary Cooper gave the invocation. Members present were Mayor Steve Radakovich, Mayor Pro-Tem Doyle Riley, Councilmembers Allan Elrod, Wayne Winters, J. D. Kirkpatrick, Richard Bennett, Mayor-elect Danny Taylor and Councilman-elect Jerry Mitchell. Staff present were Mel Justice, Clyde Marshall, Mary Brooks, Police Chief Terry Ahrendt and Fire Chief Jim Smith. The minutes of the Public Hearings on March lst, March 8th at 7:02 p. m., March 8th at 7:08 p, m., March 8th. at 7:10 p. m., March 8th at 7:12 p. m. and Special Work Session on March 31, 1984 were approved as presented. The minutes of the Regular Meeting of March 8, 1884 were approved subject to amending page 127ti Item No. g, paragraph one to read as follows: CONSIDERATION OF SALE OF CARS IN RESIDENTIAL ZONING AREA. Mel Justice submitted a recommendation from the Planning and Zoning Board requesting Council amend Section 13-1g (a) Kenne- dale City Code to include (12) Not more than two (2) vehicles, autos, trucks, trailers, boats and motorcycles, personally owned by the occupier of a residential. lot, may be displayed at any time for sale on subject's property.- Section 13-20 (a) be amended to include, (7) Sale of vehicles, same as District "A", and Section 13-21 (a) be amended to include (11) Sale of vehicles, same as District "A". and page 1279 Item No. 10, paragraph one to read as follows: Wayne Winters made a motion to Building Code, Mechanical Code the fee schedules that we have and Inspection fees, and leave stand and ask that the Council these fees with ordinance to b~ ed by Richard Bennett. Motion adopt the 1882 Plumbing Code, and Electrical Code and leave for the Building permit fees the other fees as they now have a work-session to discuss effective April l; 1984, second- carried with none opposed. Item No. 1: CONSIDERATION OF REPEAT DIVISION. Mel Justice located the property on Council that Richard L. Clayton had the Planning & Zoning Board to move Boaz Sub-Division, contingent on the replatted. OF LOT 11 W. J. BOAZ SUB- the map and explained to received permission from a house onto Lot 11 W. J. land being annexed and Page 3283 REGULAR MEETING APRIL 12, 1884 Contd. Wayne Winters asked if there was an existing house on the property plus plans to move another one in. Mel Justice answered yes. Wayne Winters asked if the sideyard set-backs meet the City Code . Mel Justice answered yes. Wayne Winters made a motion to approve the replatting of Lot 11 W. J. Boaz Sub-Division. Richard Bennett seconded the motion. Motion carried with none opposed. Item No. 2: CONSIDERATION OF CANCELLED CONTRACT WITH KUSTOD'I- KARE INC. Mel Justice explained to Council that Kustom Kare Inc. had not complied with their contract with the City by not completing the initial clean-up at the City Hall and the Police Department, nor was the day-to-day cleaning satisfactory. Mel Justice told Council that he and Chief Ahrendt felt that the $850.00 bill received by the City for two (2) months was too much for service rendered and the Companies services h~.d been terminated. Chief Ahrendt explained that the City has to give thirty (30) days notice to cancel the contract and in the thirty (30) days prior to that the oy:-ners of the Company had been told numerous times that the work was not being done properly. Doyle Riley made a motion to pay Kustom Kare, Inc. $430.00 and to send a letter stating the reason the City remitted z of the amount billed, seconded by Richard Bennett. Motion carried with none opposed. Item No. 3: CONSIDERATION OF "WRITE-OFF" OF UNCOLLECTABLE UTILITY BILLS. Council was presented a list of uncollectable accounts. Council reviewed the list of individual accounts totaling $1,319.72-for the 1882-83 Fiscal Year. J. D. Kirkpatrick made a motion to adopt Resolution No. 84-6, rrAUTHORIZING THE WRITE-OFF OF CERTAIN DELINQUEi1T UTI'LTTY ACCOUNTS AS UNCOLLECTABLE", seconded by Wayne Winters. Motion carried with none opposed. 1 Page 1284 1 REGULAR MEETING APRIL 12, 1984 Contd. Item No. 4: RESOLUTION CANVASSING ELECTION. Mayor Radakovich read the tabulations of the Election Judge. They were as follows: FOR MAYOR: Danny Taylor 214 votes; Steve Radakovich 203 votes; Jesse Jackson 1 vote; Joe Wakeland 1 vote; Butch Evans 1 vote; FOR COUNCILMAN: Jerry W. Mitchell 184 votes; Doyle Riley 182 votes; Albert Soto 175 votes; Mark S. Wright 111 votes; C. W. Sanders 85 votes; B. E. "Eddie" Ashbrook 59 votes; Rae Brandt 10 votes; Jerry Kirkpatrick 1 vote; Butch Evans 1 vote; John Gregory 1 vote; There was a total of 423 ballots cast. Wayne Winters stated that he asked the Election Judge to make 2 corrections to the voters list and that 5 people living out- side the City had voted in the City Election by mistake, but would not have any effect on the outcome of the election. Mr. Winters suggested that in the future Council and Staff provide the Election Judge with a City map showing the streets inside the City limits. Mayor Radakovich read Resolution No. 84-5, "BY THE COUNCIL OF THE CITY OF KENNEDALE, TEXAS, CANVASSING RETURNS AND DECLARING RESULTS OF A MUNICIPAL ELECTION HELD IN THE CITY OF KENNEDALE ON APRIL 7, 1884, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COUNCILMEN". That the said Danny Taylor is hereby declared to be elected to the office of Mayor of the City of Kenne- dale, Texas, for a term of office of two years. That the said Jerry W. Mitchell is hereby declared Page 1285 REGULAR MEETING APRIL 12, 1984 Contd. to be elected to the office of Councilman of the City of Kennedale, Texas, for a term of office of two years. That the said Doyle Riley is hereby declared to be elected to the office of Councilman of the City of Kennedale, Texas, for a term of office of two years. Wayne Winters made a motion to accept the Election Canvass- ing and adopt Resolution No. 84-5, seconded by Doyle Riley. Motion carried with none opposed. OLD BUSINESS: Mayor Radakovich read from the January 12, 1984 minutes: "John Levitts stated they were planning to lay an 8" water line from the well lot on Crestview to the curve in the 400 block of Sublett Road. Mr. Levitts asked the Council to share the cost of the 8" line from the 400 block of Sublett Road to Little School Road. The total cost estimated to be $32,550. City cost would be approximately $15,000 to $16,000.rr Mayor Radakovich stated that the bill received was $36,240.00 and the City's share would be $18,120.00. Wayne Winters asked Gary Cooper if the overage on the bill was for a standard line. Gary Cooper stated that the choice was made to bore under Little School Road rather than cut it and some of the cost was for extra fire plugs not on the original estimate. J. D. Kirkpatrick made a motion to accept the bill and make payment to G. W. Robbins in the amount of $18,120.00, seconded by Richard Bennett. Doyle Riley, Allan Elrod, J. D. Kirkpatrick and Richard Bennett voted for, Wayne Winters abstained. Motion carried with none opposed. Doyle Rilev praised the Election Judge Mrs. Doris Conatser, for doing such a good job in the election. Wayne Winters agreed. Council discussed the facilities Radakovich recommended using the Richard Bennett made a motion to the Community Center, seconded b was made on the motion. for the next election and Mayor Community Center. move the Council Chambers to y J. D. Kirkpatrick. No vote Page 128 REGULAR MEETING APRIL 12, 1984 Contd. Mayor Radakovich entered into a discussion with Election Judge Doris Conatser as to the distribution of the tally sheets from the election. It was decided that they would meet at a later date to determine where the Mayor's copy was placed. Mayor Radakovich thanked everyone for their support through the years and offered help to the new Mayor and Council. Wayne Winters said he appreciated the support he had received from people; that he enjoyed the 6 years he had served and would be available to help the new Mayor and Council. Item No. 5: SWEARING IN OF NEW COUNCTL. Mr. Clyde Marshall administered the Oath of Office to Mayor Danny Taylor, Councilman Doyle Riley and Councilman Jerry Mitchell. New Members were seated. Item No. 6: ELECTION OF MAYOR PRO-TEM. Mayor Taylor asked Council for nominations for the office of the Mayor Pro-Tem which is for one year. Doyle Riley made a motion to appoint J. D. Kirkpatrick Mayor Pro-Tem, seconded by Richard Bennett. Doyle Riley, Allan Elrod, Richard Bennett and Jerry Mitchell voted for, J. D. Kirkpatrick abstained. Motion carried with none opposed. Item No. 7: L. C. WYATT - TO DISCUSS ROAD ON A STNGLE FAMILY ZONED LOT. Mel Justice explained that he had received a complaint about a road across Lot 41, Gay Daughters Addition from Linda Road to property located outside City limits. Mayor Radakovich responded to the complaint by sending Mr. Wilemon a letter informing him that opening of this road onto a City street requires approval of the Planning & Zoning Board, as well as the City Council and in view of the fact that City Hall records do not indicate that approval has been given, to take necessary action to close the road and appear before the Planning & Zoning Board. Mr. L. C. Wyatt appeared before the Council to complain about the amount of through traffic on the road causing dust problems and the headlights disturbing them at night. Mr. Wyatt esti- mated that 50 to 75 cars used the road in a days time. Clyde Marshall stated that the road probably does not violate zoning ordinances, if it is used as a way in or out of a person's property and not used for business purposes. Mr. Wyatt said there is one stable in existence on the property with at least two more being built and he has the understanding that horses were going to be stabled for other peo~~~~. Page 1287 REGULAR MEETING APRIL 12, 1884 Contd. Mayor Taylor asked Mrs. Wilemon if she had any comments. Mrs. Wilemon said she had nothing to say until her attorney arrived and that to her knowledge there were not stables on the prop- erty. Mel Justice was instructed to verify whether or not a business is in existence. Item No. 8: CONSIDERATION OF CLEAN-UP MONTH. J. D. Kirkpatrick made a motion to designate the second week in May as Clean-Up Week and to contract Horton Tree Service to pick up tree limbs at a rate of $37.50 per hour, seconded by Richard Bennett. Motion carried with none opposed. Item N0. g: CONSIDERATION OF 1g84 COUNTY FIRE PROTECTION/EMER- GENCY AMBULANCE SERVICE CONTRACTS. Mayor Taylor explained the contracts to Council. Fire Chief Jim Smith said he had examined the contract and that it is stan- dard. Allan Elrod made a motion to accept the 1884 County Fire Protection Contract, seconded by J. D. Kirkpatrick. Motion carried with none opposed. Item No. 10: CONSIDERATION OF BIDS ON HEALTH INSURANCE FOR EMPLOYEES. Mel Justice presented the Health Insurance bids to Council. They are as follows: American Insurance Agency - $200 deductible Employee $65.11 per month Dependent $88.78 per month Insurance $7..20 per m©nth per employee ($15,000) Jim Robards, CLU - $500 per deductible Employee $67.14 per month Dependent $116.87 per month Insurance $g.00 per month per employee ($10,000) Police Chief Terry Ahrendt suggested to Council that the City check with TML for a package deal for all the City's' insur- ance and to include public liability which the City does not currently have. Chief Ahrendt informed Council that-the employees dependent coverage was increasing 40% and he did not feel that City employees could afford a 40% increase. Council instructed Mel Justice to obtain a package quote for Group Health and Liability Insurance from TML and get a 60 day extension beyond the expiration date of May 1, 1884 from the Blue Cross/Blue Shield of Texas for the present Health Insur- ance. Page 1288 IJ REGULAR MEETING APRIL 12, 1884 Contd. It was the consensus of Council to table the Insurance bids and obtain a quote from TML so the City's insurance needs could be studied at a future work-session. Item No. 11: CONSIDERATION OF TEXAS ELECTRIC SERVICE COMPANY RATE INCREASE. Sid Deckert, TESCO, explained the need for a rate increase for Texas Electric Service Company. Doyle Riley made a motion to deny Texas Electric Service Com- pany's rate increase request and instruct Clyde Marshall to prepare Resolution No. 84-7 reflecting the same, seconded by Richard Bennett. Motion carried with none opposed. Item No. 12: CONSIDERATION OF RESOLUTION CONCERNING PROPOSED COUNTYWIDE PRE-HOSPITAL EMERGENCY MEDICAL SERVICES SYSTEM. Richard Bennett made a motion to adopt Resolution No. 84-8 and recognize the Countywide Pre-Hospital Emergency Medical Services System study, seconded by J. D. Kirkpatrick. Motion carried with none opposed. i~ Item No. 13: CONSIDERATION OF SCHEDULING A PUBLIC HEARING ON REZONING PROPERTY ON BROADWAY AND HIGHWAY 287. J. D. Kirkpatrick made a motion to set a Public Hearing for May 10, 1g~4 at 7:00 p. m., seconded by Richard Bennett. Motion carried with none opposed. Item No. 14: CONSIDERATION OF REPEAT ON LOTS 1, 2, 3 and 4, Block 88, Town of Kennedale. Vic Eckert had requested permission to replat Lots 1, 2, 3 and 4, Block 88, Town of Kennedale into seven lots, Lots 1R, 2R, 3R, 4R, 5R, 6R and 7R, Block 88, Town of Kennedale. Richard Bennett made a motion to approve the replatting, seconded by Doyle Riley. Motion carried with none opposed. Item No. 15: CONSIDERATION OF FINAL PLAT ON CRESTDALE ADDITION. Gary Cooper presented the Final Plat of Blocks E-R, F-R, H-R, L-R and Block M to Council for their approval. Gary Cooper was asked if the street on the plat called Lynda Lane could be changed as a street named Linda Drive .already exists and the two names being similar could cause confusion for the Police and Fire Departments. Gary Cooper said he would talk to Mrs. Arthur to see if there were any objections to the name change. Doyle Riley made a motion to approve the Final Plat on Crest- dale Addition, seconded by Richard Bennett. Motion carried with none opposed. Item No. 16: CONSIDERATION OF FINAL PLAT ON HILLSIDE ADDITION. Gary Cooper presented the Final Plat on Hillside Addition to Page 1288 REGULAR MEETING APRIL 12, 1884 Contd. Council for approval. Doye Riley made a motion to approve the Final Plat on Hillside Addition, seconded by Richard Bennett. Motion carried with none opposed. Council discussed moving the Council Chambers to the Community Center. It was decided to wait until the next Council meeting to decide upon the move. Item No. 17: CONSIDERATION OF EXPIRATION OF APPOINTMENT OF (4) FOUR PLANNING & ZONING BOARD MEMBERS. Richard Bennett made a motion to reappoint Bill Cromer, Walter Billingsley, Glynn Cavasos and Mike Smith to the Planning & Zoning Board, seconded by Doyle Riley. Motion carried with none opposed. Frank Bedford volunteered for the Planning & Zoning Board vacancy. Richard Bennett made a motion to appoint Frank Bed- ford to the Planning & Zoning Board, seconded by Allan Elrod. The motion was withdrawn by Richard Bennett to allow other people interested in the vacancy to be interviewed at a work- session. It was the consensus of Council to set up a work-session on April 25, 1884 at 7:30 p. m. to interview for a fifth vacancy on the Planning & Zoning Board. Item No. 18: CONSIDERATION OF FINAL PLAT LOT 1, BLOCK A, KENNEDALE INDUSTRIAL CENTER. Richard Bennett made a motion to approve the replat of Lot 1, Block A, Kenredale Industrial Center, seconded by J. D. Kirk- patrick. Motion carried with none opposed. Mayor Taylor stated that Lone Star Gas Company had added a .53~ additional surcharge onto Kennedale customer's bills effective with the April billing. DEPARTMENTAL REPORTS: Mayor Taylor asked Mel Justice if the City was running ahead on the Utility Billing and what the arrears on the report was. Mel Justice answered that the increase was right and explained the arrears were delinquent payments showing an 80% increase. There were no other questions. OPEN DISCUSSION: Frank Bedford appeared before Council with a complaint about a parking ticket his daughter had received for parking in a fire Page 1280 REGULAR MEETING APRIL 12, 194 Contd. lane. Council informed Mr. Bedford, that any appeals would need to be taken before the judge. Allan Elrod made a motion to recess the regular session at 10:05 p. m., seconded by Doyle Riley. Motion carried with none opposed. Mayor Taylor reconvened the regular session at 10:20 p. m. J. D. Kirkpatrick made a motion to recess the regular session and enter into closed session to discuss personnel matters, seconded by Allan Elrod. Motion carried with none opposed. Council entered into closed session at 10:20 p. m. J. D. Kirkpatrick made a motion to adjourn the closed session, seconded by Richard Bennett at 11:35 p.m and reentered open session. Motion carried with none opposed. Doyle Riley made a motion to adjourn the regular session, seconded by J. D. Kirkpatrick. Motion carried with none opposed. Meeting adjourned at 11:35 p. m. APPROVED: ATTEST: Mar~ooks Asst. City Secretary CITY SEAL: 1