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03/10/1983, Regular Meeting MinutesPage 1163 REGULAR MEETING KENNEDALE CTTY COUNCIL MARCH 10, 1983 Mayor Radakovich assembled the meeting at 7:55 p. m. Clyde Marshall gave the invocation. Members present were Mayor Steve Radakovich, Mayor Pro-Tem Wayne Winters, Councilmembers Doyle Riley, Allan Elrod and Dwight Mil- ler. Staff present were Mel Justice, Clyde Marshall and Tyne Reflogal. The minutes of the public hearing of February 10th, the regular meeting of February 10th, the called meeting of February 19th, the work-session of February 23rd, the public hearing of Febru- ary 26th and the work-session of February 26th were approved as presented. Item No. 1: CONSIDERATION OF 1883-84 BUDGET. Dwight Miller made a motion to adopt Resolution No. 83-3, ADOPTING A BUDGET FOR THE CITY OF KENNEDALE FOR THE FISCAL YEAR BEGINNING APRIL 1, 1983 AND ENDING MARCH 31, 1984;., seconded by Allan Elrod. Motion carried with none opposed. Item No. 2: MARK WRIGHT TO DISCUSS BALLFIELDS. Mr. Wright stated he was present to ask if Council had consid- ered the items requested at the previous Council meeting. Mel Justice reported the cost estimates for the eleven requested signs was $497.05, and that some of the signs were not standard and would have to be special made.. The total cost of the elec- trical work would be $1,010 with the 110 volt outlets to the poles costing $3.00 per foot. Wayne Winters made a motion to authorize Mr. Justice to make arrangements to have the electrical work done deleting the 110 volt outlets, purchase the regulatory signs Mr. Justice feels necessary, ask the County to install extensions to the culverts and fix drainage ditches and have the Water Department install two water faucets, seconded by Dwight Miller. Motion carried with none opposed. Item No. 3: CONSIDERATION OF CITY' AUTO POUND. Mayor Radakovich reported the City had received a letter from the State Health Department stating there is no law prohibiting an auto pound in the well lot; however the well lot is subject to health standards which must be maintained. Mayor Radakovich asked Mr. Marshall for his opinion concerning what zoning would be required for an auto pound. Mr. Marshall's Page 1168 REGULAR MEETING MARCH 10, 1883 Contrd. opinion was as follows: nD,r zoning - operable car's can be stored on an open lot. "E" zoning - operable car's can be stored on an open lot and inoperable car's in an enclosed building. "G'r zoning - operable and inoperable car's stored on an open lot, but no dismanteling of car's. Council discussed the feasibility of the City operating a pound and the possibilities of a privately owned pound. Mr. Marshall said if the City operates a pound the City would be legally responsible for the insurance and protection of the cars impounded and if the pound is privately owned and con- tracts with the City for police pulls, the responsibility for the insurance and protection would be shifted to the owner. Council asked Chief Hopper if his staff could handle the extra work load a Police Department operated pound would create. Chief Hopper said it would not entail that much time and the Police Department would not incur excessive absence from police patrol. Mayor Pro-Tem Wayne Winters questioned this assessment and expressed strong doubts as to the logic of the City getting involved in this type operation and further questioned the statement of very little time being required for opening and closing of a Police operated pound. Wayne Winters made a motion that the City avoid operating a public pound for the storage of vehicles, seconded by Dwight Miller. Motion carried with none opposed. Mayor Radakovich asked for opinions and alternatives to a City pound. Council discussed franchises, co-ops, variances and zoning requirements. It was the consensus of the Council that anyone could apply for a permit to operate a pound which complies with present City ordinances. Item No. 4: CONSIDERATION Or WRITE-OFF OF UNCOLLECTABLE UTILITY ACCOUNTS. Council was presented a list of uncollectable accounts. Allan Elrod made a motion to adopt Resolution No. 83-2, AUTHORIZING THE WRITE-OFF OF CERTAIN DELINQUENT UTILITY AND GARBAGE ACCOUNTS AS UNCOLLECTIBLE, seconded by Wayne Winters. Page 1170 REGULAR MEETING MARCH 10, 1983 Contd. Motion carried with none opposed. Council discussed the large uncollectable amount and was in- formed under the ordinance customers are allowed to use water three months before service can be disconnected. Wayne Winters made a motion pare an ordinance amendment usage before service can be Miller. Motion carried wit Steve Radakovich voting for voting against. to instruct Clyde Marshall to pre- allowing customers only two months disconnected, seconded by Dwight h Wayne Winters, Dwight Miller and and Allan Elrod and Doyle Riley Item No. 5: CONSIDERATION OF REPLATTING OF LOTS 1-R AND 4-R, BLOCK 29, ORIGINAL TOWN OF KENNEDALE. Council reviewed the survey and questioned the corner pin locations. The Council asked the developer to have the sur- veyor explain the pin locations relative to the street right- of-way lines and to ask the City Engineers to review the plat. Council agreed that once this discrepancy is cleared up the Council would call a special meeting if the developer could not wait until the April meeting for official action. Item No. 6: LES AND GLENDA LOWE - CLEAN UP CITY AND CITY LIMIT LINES. Mr. and Mrs. Lowe were not present. Item was not considered. Item No. 7: CONSIDERATION OF FIRE TRUCK BIDS. Fire Chief Jim Smith was present. Council was presented bids received and informed eight companies were furnished bid specifications and two bids were received. Bids were as fol- lows: BIDDER BID PRICE W. A. Neel, Associates $38,374 - F.O.B. Kennedale 38,174 - F.O.B. West, Texas Fire & Technical Equip. Co. $48,433 - F.O.B. Kennedale or Point of Origin The Fire Chief, after reviewing the bid specifications, recom- mended Council purchase the Fire Truck from the low bidder W. A. Neel, Associates in the net amount of $38,174, F.O.B. West, Texas. It was agreed that a down payment of $10,000 would be made out of the Fire Department Reserve fund and the balance financed Page 1171 REGULAR MEETING MARCH 10, 1883 Contd. at 8% for four or five years. The payments would be approxi- mately $8,000 per year, $3,000 to be paid from Fire Department Reserve fund and $5,000 by the Fire Department. Dwight Miller made a motion to purchase a fire truck from W. A. Neel, Associates for $38,174, seconded by Allan Elrod. Motion carried with none opposed. Item No. 8: CONSIDERATION OF LEROY COOPER'S TAXES. Council was reminded that Leroy Cooper had asked Council to accept $500.00 as full payment for the taxes due on Lots 1 and 2, Block 81, Original Town of Kennedale and Council instructed the staff to furnish Council a record of taxes due. Mel Justice reported the tax records indicate taxes on this property are delinquent from 1958 thru 1880. Total taxes due for this period is $654.72 with penalty and interest thru March 1983 being $695.55 making a total amount of $1,350.27 due the City. Dwight Miller made a motion to deny the request, seconded by Wayne Winters. Motion carried with Dwight Miller, Wayne Win- ters and Doyle Riley voting for and Allan Elrod abstaining. Item No. 9: CONSIDERATION OF SIGN ORDINANCE ON VILLAGE STREET. This item was tabled until details of the requirements are determined. Item No. 10: CONSIDERATION OF MINIMUM TIME FOR COUNCIL STUDY OF REZONING AND SUB-DIVISION REQUESTS. Mayor Radakovich brought to Council's attention the short time the staff has to furnish Council plans and specifications of items referred from the Planning and Zoning Board to the Coun- cil and the short time Council has to review the items before action is to be taken. It was the consensus of the Council to change the Planning and Zoning Board meetings from the first Thursday of the month to the third Thursday of the month which would result in three weeks between meetings. The staff is to forward the referred Planning and Zoning items to Council the following Monday after the Planning and Zoning Board meeting. Item No. 11: CONSIDERATION OF FLEA MARKET ORDINANCE. This item was postponed until the April meeting. Item No. 12: CONSIDERATION OF TRAFFIC FINE REFUND. Council was informed Judge Thompson requested $81.00 be refund- ed to Grady Ray Spain, Jr. on Traffic Citation No. 3482 which Page 1172 REGULAR MEETING MARCH 10, 1983 Contd. requires Council action. Allan Elrod made a motion to authorize the fine refund, seconded by Doyle Riley. Motion carried with none opposed. Item No. 13: CONSIDERATION OF CLEAN UP MONTH. Mel Justice reported citizens were inquiring about a clean up month. Horton's Tree Service was contacted and they would pick up tree limbs and brush for $37.50 per hour. Last years pick-up cost the City $1,162.50. Wayne Winters made a motion to designate May 9th thru 13th as Clean Up Week and contract Horton Tree Service to pick up tree limbs at a rate of $37.50 per hour, seconded by Dwight Miller. Motion carried with none opposed. OPEN DISCUSSION: Mayor Radakovich read Ordinance No. 83-3, "AN ORDINANCE AMEND- ING SECTION 4-47(a)(5), OF ARTICLE 5 ENTITLED "WRECKER BUSINESS," CHAPTER 4, OF THE KENNEDALE CITY CODE 1977, RELATING TO MAXIMUM CHARGE FOR TOWING A VEHICLE, SAID AMENDMENT INCREASING THE PER- MISSIBLE CHARGE". Doyle Riley made a motion to adopt Ordinance No. 83-3, seconded by Allan Elrod. Motion carried with three aye votes and Wayne Winters abstaining. Mayor Radakovich read Ordinance No. 83-4, "AN ORDINANCE AMEND- ING SUBCHAPTER B, OF CHAPTER 13, OF THE KENNEDALE CITY CODE 1977, BEING THE KENNEDALE ZONING ORDINANCE AND PARTICULARLY SECTIONS 13-15 AND 13-16, OF SAID SUBCHAPTER B, RELATING TO DISTRICT BOUNDARIES AND THE ZONING MAP OF THE CITY OF KENNEDALE, TEXAS; THIS AMENDMENT CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY DESCRIBED HEREIN, AND THE ZONING DISTRICT IN WHICH SAID PROPERTY SHALL BE." Doyle Riley made a motion to adopt Ordinance No. 83-4, seconded by Dwight Miller. Motion carried with Doyle Riley and Dwight Miller voting for, Allan Elrod voting against and Wayne Winters abstaining. Tyne Reflogal asked to have entered in the minutes that 1,000 election ballots were printed and number 1 thru 50 were assign- ed for use in absentee voting and number 51 thru 1,000 were designated for use on election day. Mr. Marshall requested a show cause hearing for K. C. Walker be placed on the Council agenda for April. Page 1173 REGULAR MEETING MARCH 10, 1983 Contd. Mayor Radakovich reported Storer Cable requested a change to the Franchise Ordinance and this be considered at the April meeting. Dwight Miller made a motion to recess regular meeting and go into closed session, seconded by Allan Elrod. Motion carried with none opposed. Council entered closed session at 10:45 p. m. Allan Elrod made a motion to adjourn closed session and re- convene regular session, seconded by Dwight Miller. Motion carried with none opposed. Wayne Winters made a motion to adjourn regular meeting session, seconded by Allan Elrod. Motion carried with none opposed. Meeting adjourned at 10:55 p. m. APPROVED: ATTEST: Steve Radakovich Mayor ,~ ne R f 'oga _.~ '- : > Gity Se~reta CITY SEAL: ~I,