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03/12/1998, Regular Meeting Minutes2265 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING -MARCH 12, 1998 100 E. BROADWAY ST. -COMMUNITY CENTER Mayor Mundy called the meeting to order at 7:32 p.m. Members present were Mayor Mundy, Councilmen Wright, Steeno, Barrett, Boone and Kovach. Staff present were Ted Rowe, Kathy Turner, Lynette Whidden, Linda Royster, Michael Box, Thad Chambers, and legal counsel Wayne K. Olson. Councilman Steeno gave the invocation. ITEM NO. 1 - Consideration of minutes: Public Hearing -February 12, 1998 Regular Meeting -February 12, 1998 Councilman Boone moved to approve the Public Hearing and Regular Meeting minutes dated February 12, 1998, seconded by Councilman Barrett. Motion carried. Prior to item number two, Mayor Mundy entered into executive session at 7:36 p.m. Mayor Mundy reconvened into open session at 7:58 p.m. OLD BUSINESS ITEM NO. 2 - Consideration of approving Tax Abatement contract for U.S. Galvanizing L.L.P., et al (Tabled at the February 12th meeting). Councilman Barrett moved to approve the requested tax abatement for a period of five years at 100% and authorize the City Manager to sign the abatement contract, seconded by Councilman Wright. Councilmen Barrett and Wright voted aye, Councilmen Kovach and Steeno voted against the abatement, and Councilman Boone abstained. Therefore, due to a tie, Mayor Mundy voted against the abatement, and the abatement was denied. NEW BUSINESS ITEM NO. 3 - Consideration of 1996/1997 annual audit. Councilman Wright moved to approve the 1996/1997 annual audit, seconded by Councilman Steeno. Motion carried unanimously. ITEM NO. 4 - Consideration of Resolution No. 78, construction a new facility for Tarrant Appraisal District. Councilman Barrett moved to approve Resolution No. 78, constructing a new facility for Tarrant Appraisal District, seconded by Councilman Wright. Councilmen Barrett, Wright, Steeno, and Boone voted aye with Councilman Kovach opposing. Motion carried. 2266 ITEM NO. 5 - Consideration of Resolution No. 79, Declaring Compliance with the Records Scheduling requirements of the Local Government Records Act. Councilman Steeno moved to approve Resolution No. 79, Declaring Compliance with the Records Scheduling requirements of the Local Government Records Act, seconded by Councilman Barrett. Motion carried with all members voting in favor. ITEM NO. 6 - Consideration of Ordinance No. 149, establishing a Library Advisory Board. Councilman Kovach moved to approved Ordinance No. 149, establishing a Library Advisory Board contingent upon amending Section 16-62 (b) to read "Members of the Board shall serve at the pleasure of the City Council.", seconded by Councilman Boone. Motion carried unanimously. ITEM NO. 7 - Approval of Marcus Cable's rate reduction for basic cable services from $11.28 per month to $10.66 per month. Councilman Barrett moved to table this item, seconded by Councilman Steeno. Motion carried without opposition. ITEM NO. 8 - General discussion. The City Manager briefed Council on Officer Lancaster's accident and said he was recuperating and was expected to be released from the hospital soon. Legal Counsel advised the governing body that the Home Rule Charter had been submitted to the U.S. Department of Justice for preclearance. It was announced that the Chamber of Commerce annual banquet was scheduled for Tuesday, Apri17`i' at the Walnut Creek Country Club in Mansfield, Texas. There being no further discussion, Mayor Mundy recessed the meeting at 9:20 p.m. before entering into executive session at 9:26 p.m. ITEM NO. 9 - Executive Session. The City Council met in closed session to discuss advice about pending or contemplated litigation, a settlement offer, or on a matter in which the duty of the attorney to the City under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Texas Open Meetings Act, including discussion on any item posted on the agenda, pursuant to Section 551.071, Texas Government Code. 1) Fern McKinley v. City of Kennedale, Cause No. 17-159579-95. 2) Ken Pearce v. City of Kennedale, Cause No. 352-156704-94. 3) Michael Kerr v. City of Kennedale, Cause No. 4-96CV--474-Y Mayor Mundy reconvened into open session at 9:30 p.m. 2267 ITEM NO. 10 - Action on executive session, if necessary. No action was taken on this item. ITEM NO. 11 -Consideration of appointment to fill vacancy on the Planning and Zoning Commission. Council interviewed Mr. Ray Cowan for possible appointment to the Planning and Zoning Commission. Councilman Barrett moved to appoint Mr. Cowan to the Planning and Zoning Commmission to fill the vacancy that expires in 1999. Seconded by Councilman Boone. Motion was approved unanimously There being no further discussion, Mayor Mundy adjourned the meeting at 9:41 p.m. APPROVED: ,a2%T~ Mayor, Robert P. M y ATTEST: City Secreta y