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08/11/1983, Regular Meeting MinutesPage 12 10 REGULAR MEETING KENNEDALE CITY COUNCIL AUGUST 11, 1983 Mayor Radakovich assembled the meeting at 7:35 p.m. Clyde Marshall gave the invocation. Members present were Mayor Steve Radakovich, Mayor Pro-Tem Doyle Riley and Councilmember~s Allan Elrod, Wayne Winters, J.D. Kirkpatrick and Richard Bennett. Staff present were Mel Justice, Clyde Marshall, and Tyne Reflogal. The minutes of the meetings of July 14th at 7:20 p.m., July 14th at 7:40 p.m., and the regular meeting July 14th at 7:45 p.m. were approved as presented. The minutes of the meeting of July 16th were approved subject to 10:30 a.m. being added as the time of adjournment. The minutes of meeting of August 1st were approved, subject to 11:00 p.m. being added as the time of adjournment. Item No. 3: CONSIDERATION OF BIDS OF BOOSTER PUMP STATION ELECTRICAL RENOVATION. Jim Carpenter, a representative from Freese and Nichols Engineering was present. Mayor Radakovich reported the bids were opened on August 4, 1983 and the results were as follows: Omega Electric $11,408 WHECO-Wade Harral Electric 11,891 Associates Supports 14,396 Oscar Renda Contracting 19,300 Mr. Carpenter recommended the City accept the low bid of Omega Electric for $11,408. Mr. Winters asked Mr. Carpenter if this project contained all the items the City had discussed with Mr. Carpenter at the meeting held on site. Mr. Carpenter assured Mr. Winters it covered all the items. Wayne Winters made a motion to accept the bid-of Omega Electric for $11,408 for installation of telemeter system and other electrical work at Crestview Well Lot, seconded by Allan Elrod. Motion carried with none opposed. Item No. 1: MRS. DIXIE MOORE - TRAILER VARIANCE. Mrs. Moore was present and requested the Council authorize the electricity be turned back on at her trailer house. Mrs. Moore said the trailer had been there since 1967. After discussion it Page 12 11 REGULAR MEETING AUGUST 11, 1983 Contd. was the consensus of the Council that Mrs. Moore was under the grand-fathers clause and that if Mrs. Moore sold the property and trailer house the grand-father rights and privileges would be transfered to the new owner, if there is no interuption in non-conforming use. Richard Bennett made a motion to authorize the utilities be turned on at Mrs. Moore's trailer, seconded by Wayne Winters. Motion carried with none opposed. Item No. 2: CONSIDERATION OF REPEAT OF LOT 2-R, BLOCK 1, H. R. CLARKE'S SUBDIVISION. Mr. Justice explained that Mr. Fox wants to build a building on two lots and that the Planning and Zoning Board requested Mr. Fox replat his property, changing it from 2 lots to 1 lot. Doyle Riley made a motion to accept the replat of Lot 2-R, Block 1, H. R. Clarke's Subdivision, seconded by Richard Bennett. Motion carried with none opposed. Item No. 4: ACCEPTANCE OF ANNEXATION ORDINANCE N0. 83-8. Clyde Marshall read Ordinance 83-8. "AN ORDINANCE RECEIVING AND ANNEXING TERRITORY ADJACENT AND CONTIGUOUS TO THE CITY OF KENNEDALE, TEXAS; PROVIDING THAT SUCH AREA IS HEREBY MADE A PART OF SAID CITY AND THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO ALL PRIVILEGES OF OTHER PROPERTY OWNERS AND CITIZENS OF SAID CITY, AND SHALL BE BOUND BY ALL ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER ADOPTED; FUTHER PROVIDING FOR THE AMENDING AND CORRECTING OF OFFICIAL BOUNDARIES OF SAID CITY AS HERETOFORE ADOPTED AND AMENDED, SO AS TO INCLUDE SAID LAND AND TERRITORY; AND PROVIDING AN EFFECTIVE DATE." Wayne Winters made a motion to accept Ordinance No. 83-8, seconded by Richard Bennett. Motion carried with none opposed. Item No. 5: ACCEPTANCE OF ZONING ORDINANCE N0. 83-9. Mr. Marshall read Ordinance No. 83-9. "AN ORDINANCE AMENDING SUB- CHAPTER 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 CLASSIFICATIONS OF THE PROPERTIES DESCRIBED HEREIN, AND THE ZONING DISTRICT IN WHICH SAID PROPERTIES SHALL BE." Doyle Riley made a motion to adopt Ordinance No. 83-9, seconded by Richard Bennett. Motion carried with none opposed. Item No. 6: CONSIDERATION OF ZONING BOARD RECOMMENDATION TO APPOINT BILL CROMER CHAIRMAN AND MIKE SMITH VICE-CHAIRMAN OF BOARD. Wayne Winters made a motion to accept the Zoning Board's recommendations and asked the Mayor to appoint Bill Cromer Chairman and Mike Smith Page 12 12 REGULAR MEETING AUGUST 11, 1983 Contd. :] Vice Chairman, seconded by Allan Elrod. Motion carried with none opposed. Item No. 7: CONSIDERATION OF ZONING BOARD RECOMMENDATION TO CHANGE ZONING. Mayor Radakovich stated this was a request to change the zoning from "E" to "G" on the Mansfield Highway from Alma to the South City limits line on Highway 287. Mayor Radakovich felt this property should be considered for rezoning at the same time as the rest of the town. Danny Taylor explained it was a beginning to change the zoning so the businesses in operation would fit the zoning. Wayne Winters felt the zoning ordinances as well as the zoning maps should be considered and updated. Mr. Cornelius of Bomex Co. wants to sell his business to be used for the same non-conforming use. Mr. Marshall felt Mr. Cornelius was also under the grand-fathers clause and would be entitled to transfer his grand-father clause to the buyer. It was the consensus of the Council that a joint meeting of the Council and the Planning and Zoning Board be scheduled for August 16, 1983 at 7:00 p.m. Mayor Radakovich read a letter of thank-you from Anna Goodman to Richard Bennett. Mayor Radakovich reported the City has a need for ambulance transport service and asked Council to consider purchasing a van to operate as a transport ambulance. Council discussed the ambulance service with some members of the ambulance squad. Wayne Winters recommended Council authorize Bob Corcoran to use his discretion in using the ambulance as a transport vehicle. Mae Pennington asked if Industrial Sheet Metal came under the grand- fathers clause since it was there before the zoning laws and could she sell the business for the same use. Council felt that it would be under the grand-father clause and the buyer would be allowed to operate under the same clauses. Reverend Don Heffner asked Council if the City had any laws or permits to govern out door preaching. It was the consensus of the Council that the City has no permits; however, Reverend Heffner would need to Page 1~ 13 REGULAR MEETING AUGUST 11, 1983 Contd. get permission to use private property and not create a nuisance. Rocky Curry asked if Crestview Drive will be finished before school starts. Mr. Curry was informed that the City is doing what it can to get the street finished. Mayor Radakovich reported Jim Smith said Mrs. Arthur might be willing to take the stipulation that Harmony Park could only be used for a park off the deed and allow the Fire Department to have the land. It was the consensus of the Council to ask Mrs. Arthur to remove the stipulation and allow the City to use the land as it sees fit, with the Fire Department having first priority. Mr. Marshall presented a proposed ordinance amendment cutting back the time allowed to pay water bills before service is discontinued from 60 to 30 days. Mr. Marshall stated the item was tabled waiting for Mrs. Reflogals' return to duty. Mrs. Reflogal requested the Council not pass the ordinance stating the current uncollectables were less than 1/3 of 1% and did not feel there was room for much improvement. Mel Justice reported the deliquent taxes collected as a result of the letters Council instructed be sent in July is $20,653.88. The amount remaining to be collected is $29,345.00. The staff was instructed to send another letter before turning accounts over to the City Attorney for collection. Mr. Kirkpatrick asked about the Street and Public Works expenditure of $2,604.29. Mr. Justice replied street lights, electric bills, one mans salary, vehicle maintenance, asphalt, and miscellaneous items were the costs. Mr. Riley asked for a report on the Bowman Springs sidewalk. Mr. Justice said Mr. Levitts agrees the sidewalk will work and he will shoot a grade for the City and when information is available Mr. Santos will be contacted to pour the sidewalk. Mr. Riley questioned the reading of the water meter at 516 or 316 True Gunn, stating the meter had not been read in years, also, the lady said she had quite a few problems at 531 W. Mansfield Highway. Mr. Justice said he would check out the complaint himself. The water meter is Mr. Glen Cavasos Wayne Winters made a motion to enter closed session, seconded by Allan Elrod. Motion carried with none opposed. Council entered closed session at 10:47 p.m. ~'. 1 L~ Page 12 14 REGULAR MEETING AUGUST 11, 1983 Contd. Meeting adjourned at approximately 1:00 a.m. APPROVED: ~~ a ATTEST: ~_~ ~ Cc~=t ~~"{~~,t.~<c teve Radakovich Mayor T e Re log City Secre ry CITY SEAL: -~:.