04/14/1983, Regular Meeting MinutesPage 1175
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REGULAR MEETING KENNEDALE CITY COUNCIL
" APRIL 14, 1883
Mayor Radakovich assembled the meeting at 7:30 p. m.
Gary Cooper gave the invocation.
Members present were Mayor Steve Radakovich, Mayor Pro-Tem Wayne
Winters, Councilmembers Doyle Riley, Allan Elrod, Dwight Miller;
Councilmembers elect J. D. Kirkpatrick and Richard Bennett.
Staff present were Mel Justice, Clyde Marshall and Mary Brooks.
The minutes. of the public hearing of March 10th and the regular
meeting of March 10th were approved as presented.
Item No. l: CONSIDERATION OF REPLATTING OF LOTS 1-R & 4-R,
BLOCK 29, ORIGINAL TOWN OF KENNEDALE.
This item had been tabled at the March 10, 1983 Council meeting
pending verification that the survey as presented was the actual
area and that lots did not infringe on right-of-way, nor right-
of-way on lots, and utility lines were within the dedicated
right-of-way. Area had been viewed by the staff and it was ver-
ified that lots as presented for replatting were correct. Wayne
Winters made a motion to approve the replatting of Lots 1-R &
4-R, seconded by Allan Elrod. Motion carried with none opposed.
Item No. 2: CONSIDERATION OF REPLATTING OF LOT 1-R, BLOCK 40,
ORIGINAL TOWN OF KENNEDALE.
Edsel O. and Minnie L. Ford had requested Lots 1 and 2, Block 40,
Town of Kennedale be replatted to one. lot, Lot 1R, Block 40,
Town of Kennedale for building purposes.
Dwight Miller made a motion to approve the replatting of Lots 1
and 2, Block 40, Town of Kennedale, into one lot, Lot 1R, Block
40, Town of Kennedale. Doyle Riley seconded the motion. Motion
carried with none opposed.
Item No. 3: CONSIDERATION OF REPLATTING OF LOTS 1-R-1 and 1-R-2,
J. A. ARTHUR SUBDTVTSION.
Bobby Platt and Bobby Reed had requested permission to replat Lot
1R, J. A. Arthur Subdivision into two lots, Lots 1R1 and 1R2, J.
A. Arthur Subdivision, to separate a car wash to be located on
Lot 1R2 from existing building for financial purposes. Wayne
Winters pointed out an abandoned easement was still indicated on
the plat and needed to be removed. Wayne Winters made a motion
to approve the replatting, with stipulation the easement would
be removed, of Lot 1R, J. A. Arthur Subdivision into two lots,
Lots 1R1 and 1R2, J. A. Arthur Subdivision. Dwight Miller sec-
onded the motion. The motion carried with none opposed.
Page 1176
REGULAR MEETING APRIL 14, 1983 Contd.
Item No. 4: CONSIDERATION OF REZONING OF LOTS 1, 2, 3 AND
3-A, WOODLEA ACRES ADDITION FROM "E" AND "A" TO "C".
Property owners requested this area be rezoned to "C" Multi-
Family with plans by Mr. & Mrs. Ted Brewer to conduct a room-
ing house for the elderly. It was stipulated that this was
not a nursing home and there would be no types of nursing
conducted on the premises. Council felt that this would be
good use of subject area. Doyle Riley made a motion to ap-
prove the rezoning, seconded by Allan Elrod. Motion carried
with none opposed.
Item No. 5: CONSIDERATION OF FINAL PLAT, MURRAY HILL ESTATE.
Wayne Winters asked about increasing footage on Lot 11 for
septic system usage. Mr. Lyon said he thought they could.
Mr. Lyon also stated that no perculation test had been made.
Doyle Riley asked what this would do to the new sewer plans
and was told the area would not be effected by these plans.
Mayor Radakovich asked about the square footage restrictions
and Mr. Lyon indicated that square footage will comply with
City requirements. Wayne Winters asked about drainage and
Mr. Lyon stated there will be a concrete street with raised
center; he will line the channel with grass, both on ditches
and drainage easement across lots.. Mr. Lyon said Freese and
Nichols were doing his plans. There followed a long discus-
sion. Wayne Winters wanted to change lot easements to 72
feet instead of 5 feet and change 10 foot easements to 15
foot between every other lot. Allan Elrod made a motion to
accept the Final Plat, Murray Hill Estate with the exception
of drainage easements, seconded by Dwight Miller. Motion
carried with none opposed.
Item No. 6: CONSIDERATION OF INSTALLATION OF WATER AND SEWER
FACILITIES AND STREET-CURBS-GUTTERS-BLOCKS C & D OF CRESTDALE
ADDITION.
Gary Cooper presented the plans for the installation of water
and sewer facilities on Crestview Street. Wayne Winters was
concerned about possibly overloading the sewer line on Spring
Branch and the Engineer John Levitt said the density of the
area this line serves would still be only one half the load
the line was designed to carry. Wayne Winters asked about the
radius of the fire hydrants and pointed out that with houses
on the lots the 500' radius indicated on the plans would be
negated and another fire hydrant needed to be installed. It
was agreed one would be added on the corner of Crestview Drive
and Mistletoe.
Wayne Winters inquired about curbing and drainage at Mistletoe
and John Levitt said water from Crestview would be carried
east at Mistletoe. Wayne Winters said he felt curbing needed
Page 1177
REGULAR MEETING APRIL 14, 1983 Contd.
to be installed at Mistletoe on the north 100 to 150 feet in
front of the school and asked about curbing costa Gary Cooper
stated curb costs should be approximately $2.50 per linear
foot. John Levitt is to get costs at school to curb and gut-
ter this area and furnish. Council information and school Board
should be contacted to see if they would participate for part
of the costs. Gary Cooper, per request, gave Council the spec-
ifications of the materials that would be used in the water and
sewer systems of this addition.. Gary Cooper stated they pro-
posed to use poly butilene lines for service lines from water
main to meters.. Mayor Radakovich questioned use of this pipe
for this purpose and pointed out it was difficult to repair
this pipe. Gary Cooper stated there was a 25 year guarantee
on poly butilene: Council accepted the poly butilene for use
as service line and Mel-Justice-pointed out this constituted a
change in policy. Council agreed. Doyle Riley made a motion
to approve construction plans as amended, secon~?ed by Wayne
Winters. Motion carried with none opposed.
Item No. 7: CONSIDERATION OF FINAL PLAT PHASE II - SPRING
BRANCH ADDITION.
Mayor Radakovich asked if Council had any questions concerning
Spring Branch, Phase II. Wayne Winters asked about fire hydrant
radius at Spring Branch and Paula Lane, and asked that water
line be extended another ,point and fire hydrant put around the
corner on Paula Lane. John Levitt replied it would be done.
Wayne Winters asked about lack of manholes and sewer clean-outs.
John Levitt said they must have been left off plat in error and
would be added. Dwight Miller asked about drainage on Spring
Branch and Paula; especially Lots 14B and 13B. John Levitt said
the real problem would be Phase III not Phase II and that the
incline of the streets would handle water in Phase II. Wayne
Winters asked John Levitt to add visibility triangle at Spring
Branch and Paula Lane. John Levitt agreed. Dwight Miller made
a motion to approve the Final Plat of Phase II, Spring Branch
Addition, as amended, and approve construction plans, as amend-
ed, seconded by Doyle Riley. Motion carried with none opposed.
Item No. 8: CONSIDERATION OF FLEA MARKET ORDINANCE.
The Mayor asked Clyde Marshall to read Ordinance No. 83-2, "AN
ORDINANCE ALLOWING OCCASIONAL "GARAGE SALES", AS HEREIN DEFINED,
IN RESIDENTIAL ZONED AREAS OF THE CITY OF KENNEDALE, TEXAS:
REQUIRING A PERMIT THEREFOR: FORBIDDING SUCH SALES IN VIOLATION
OF THIS OFa~:II`~~CE. OR ITS PROVISIONS : PROVIDING A SEVERABILITY
CLAUSE, A PENAL CLAUSE AND EFFECTTVE DATE".
Wayne Winters made a motion to adopt Ordinance No. 83-2, second-
ed by Allan Elrod. Motion carried with none opposed.
Item No. g: CONSIDERATION OF SIGN ORDINANCE FOR VILLAGE STREET.
After discussion of parking problems this item was tabled.
Page 1178
REGULAR MEETING APRIL 14, 1883 Contd.
Item No. 10: CONSIDERATION OF CABLE T. V. FRANCHISE ORDINANCE
AMENDMENT.
Mayor Radakovich asked if a Storer representative was present
and no one was. Wayne Winters asked Clyde Marshall to notify
Storer that they were in violation of Franchise and to give
them 90 days notice to appear. Mayor Radakovich recommended
the notice be for 30 days. Jerry Kirkpatrick had questions
about the effect on customers. Mayor Radakovich answered that
he had no edea. Subject was tabled until May 12, 1983 meeting.
Item No. 11: K. C. WALKER - SHOW CAUSE HEARING.
Mayor Radakovich asked for comments. Mr. Marshall said his
letter to Mr. Walker was returned undelivered. Mr. Marshall
recommended waiting until the May 12, 1983 meeting and try one
more time to make contact. Mayor Radakovich asked about taxes
owed on the property and was told by the staff that they would
check. Item to be on May 12, 1983 Agenda.
Item No. 13: REPORT ON 5TH STREET DRAINAGE AND CULVERTS.
Mrs. Ann Earp was present. Mrs. Earp felt that the City or
the Telephone Company should pay for the can under her driveway.
Mel Justice said that the Telephone Company would place the
can across the yard only zf there would be no other damages
brought for them to pay. After further discussion Darrell
Barnes asked Council to check the contractor's work before and
after the work is done in the future. Doyle Riley made a mo-
tion for the City to pay for one half of the cost of 5 cans,
seconded by Wayne Winters. The motion passed with none opposed.
Council instructed Mel Justice to have the work done and then
bill the Telephone Company afterwards and to contact. Mr. Santos
about paying for one half of the cost of the can. Doyle Riley
said that he would talk to Mr. Santos.
Item No. 14: RESOLUTION CANVASSING ELECTION.
Mayor Radakovich read the tabulations of the Election Judge.
They were as follows:
FOR COUNCILMAN:
J. D. "Pete" Kirpatrick 135 votes;
Samuel Allan "Sonny" Elrod 121 votes;
Richard Bennett 86 votes;
Rocky Curry 78 votes;
Danny Taylor 77 votes;
Harvey Brown ~ 68 votes;
Clara Sanderson 63 votes;
Albert Soto 50 votes;
Mark Wright ~+7 votes;
Ronald Eckert 27 votes;
Joe Wakeland (Write-in) 1 vote
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REGULAR MEETING APRIL 14, 1983 Contd.
Mayor Radakovich read Resolution No. 83-4, "BY THE CITY COUNCIL
OF THE CITY OF KENNEDALE, TEXAS CANVASSING RETURNS AND DECLARING
RESULTS OF A MUNICIPAL ELECTION HELD IN THE CITY OF KENNEDALE
ON APRIL 2, 1983, FOR THE PURPOSE OF ELECTING THREE COUNCILMEN".
That the said J. D. "PETE" KIRKPA,TRICK is declared to be
elected to the office of Council of the City of Kennedale, Texas,
for a term of office of two years.
That the said SAMUEL ALLAN "SONNY" ELROD is hereby declared
to be elected to the office of Councilman of the City of Kenne-
dale, Texas for a term of two years.
That the said RICHARD BENNETT is hereby delared to be
elected to the office of Councilman of the City of Kennedale,
Texas, for a term of office of two years.
Council had no questions concerning resolution. Dwight Miller
made a motion to adopt Resolution No. 83-4, seconded by Wayne
Winters. Motion carried vrith none opposed.
Item No. 15: SWEARING TN OF NEW COUNCIL.
Mr. Clyde Marshall administered the Oath of Office to Council-
man Allan Elrod, Councilman J. D. Kirpatrick and Councilman Rich-
ard Bennett. New Councilmembers were seated.
Item No. 16: ELECTION OF MAYOR PRO-TEM.
Mayor Radakovich stated the office of the Mayor Pro-Tem is for
one year and it would be necessary to elect a Mayor Pro-Tem.
Richard Bennett made a motion to appoint Doyle Riley Mayor Pro-
Tem, seconded by Wayne Winters. Richard Bennett, Wayne Winters,
J. D. Kirpatrick and Allan Elrod voted for, Doyle Riley abstain-
ed. Motion carried with none opposed.
Mr. Marshall presented Resolution No. 83-5, "DESIGNATING AUTHOR-
IZED SIGNATURES FOR WITHDRAWAL ON CTTY ACCOUNTS."
Mel Justice recommended that Mary Brooks be added to the author-
ized signatures. Wayne Winters agreed with the stipulation that
Mary Brooks also be appointed Assistant City Secretary due to
the absence of City Secretary Tyne Reflogal because of illness.
Council agreed and instructed Mr. Marshall to present Resolution
No. 83-5 at the May 12, 1983 Council meeting.
Item No. 12: CONSIDERATION OF 1983 COUNTY FIRE PROTECTION CON-
TRACT.
Mayor Radakovich asked Jim Smith for a report. Jim Smith said
the contract will have the same conditions as prior years and
that the Fire Department had realized about $9,000 from this con-
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REGULAR MEETING APRIL 14, 1983 ContFd.
tract and the Ambulance Department about $2,000 in 1982. Wayne
Winters made a motion to accept the 1983 County Fire Protection
Contract, seconded by Richard Bennett. The motion carried with
none opposed.
Item No. 17: RIGHT-OF-WAY ENCROACHMENTS.
Mel Justice reported to Council and asked Council's guidance
regarding right-of-way encroachments of fences in some areas
that have been erected enclosing water meters, resulting in
difficulty in reading meters. J. D. Kirpatrick made a motion
to have citizens move-these fences, seconded by Richard Bennett.
Motion carried with none opposed.
Item No. 18: CONSIDERATION OF HEALTH INSURANCE CONTRACT.
Jim and Clayton Robards presented the new Employees' Health
Insurance bids. to Council. Mayor Radakovich asked how the
change from one policy to another would effect an employee pre-
sently off from work due to surgery. Insurance agents explain-
ed that any employee presently under treatment prior to May 1,
1983 would continue on the old plan for 90 days then have to re-
turn to work for one day to be added to the new Blue Cross poli-
cy.
Zan Mercer, ex-City employee, told Council she did not feel
Great Southern Insurance Company paid all benefits to her on a
claim she had with-the Company.
After Further discussion Councilman J. D. Kirkpatrick made a
motion, seconded by Councilman Wayne Winters, that the City
accept Blue Cross/Blue Shield bid for hospitalization insurance
for the period of May 1, 1983 thru April 30, 1984. Motion car-
ried with none opposed.
Item No. 19: PLANNING AND ZONING BOARD VACANCIES.
Mayor Radakovich suggested Robert Brown be added to the list
and have the list ready in 1 week, April 22, 1983, so that
meetings could be set up. Council concurred with the sugges-
tion.
Item No. 20: INDUSTRIAL WASTE INFORMATION FOR COUNCIL.
Mel Justice briefed Council on new industrial waste information
which will require updating of existing ordinance on sewerage
disposal in the near future. Council is to be kept current on
this item.
Item No. 21: K.Y.A.-PARKING LOTS.
Mark Wright appeared before Council requesting additional space
for K.Y.A. baseball. Council suggested using City Park as a
temporary practice field.. Mark Wright asked that signs be
moved from the east side to the west side of Village Street.
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REGULAR MEETING APRIL l~, 1g83 Contd.
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He also asked about the original agreement in 1979 between K.Y.A.
and Council or Park Board as to maintaining the park. He was
informed that the City was to mow the outfield only and K.Y.A.
was to maintain the infield and other items.
Doyle Riley recommended that Council look at the parking situa-
tion in person. Council agreed 'chat any member who could meet
with K.Y.A. at the ballfield.
Doyle Riley made a motion to recess the regular sPGsion and
enter into closed session to discuss personnel matters, seconded
by Allan Elrod. Motion carried with none opposed.
Council entered into closed session at 11:50 p. m.
Mayor Radakovich reconvened the regular session at 1:20 a. m.
Wayne Winters made a motion to adjourn, seconded by Allan Elrod.
Motion carried with none opposed.
Meeting adjourned at 1:22 a. m.
APPROVED:
ATTEST: Steve Rada ovich
Mayor
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Mary rooks
Assistant City Secretary
CITY SEAL:
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