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12/10/1998, Regular Meeting Minutes2322 ~1 ~~ [1 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING -DECEMBER 10, 1998 100 E. BROADWAY ST. -COMMUNITY CENTER Mayor Wright called the meeting to order at 8:00 p.m. Members present: Mayor Wright, Councilmembers Clark, Hoover, Barrett, Vaughn and Kovach. Members absent: None Staff present: Ted Rowe, Kathy Turner, Linda Royster, Thad Chambers, Michael Box, David Geeslin, David Arnold, Michael Hamilton, Lynette Whidden, and legal counsel, Wayne K. Olson. ITEM NO. 1-Consideration of minutes: Workshop -November 5, 1998 Public Hearing - November 5, 1998 Special Meeting -November 5, 1998 Public Hearing - November 10, 1998 Workshop -November 12, 1998 Public Hearing - November 12, 1998 Regular Meeting -November 12, 1998 Councilmember Vaughn moved to approve the above minutes as they were submitted, seconded by Councilmember Barrett. Motion carried. ITEM NO. 2 -Consideration of request for a variance from the requirements of the Sub Division Ordinance. Submitted by Mr./Mrs. Jerry J. Floyd. Councihnember Barrett moved to approve the requested variance as recommended by the Planning and Zoning Commission, seconded by Councilmember Hoover. Motion carved. ITEM NO. 3 -Consideration of Ordinance No. 162 -Annexation. ITEM NO. 4 -Consideration of Ordinance No. 163 -Annexation. ITEM NO. 5 -Consideration of Ordinance No. 164 -Annexation. ITEM NO. 6 -Consideration of Ordinance No. 165 -Annexation. ITEM NO. 7 -Consideration of Ordinance No. 166 -Annexation. ITEM NO. 8 - Consideration of Ordinance No. 167 -Annexation. ITEM N0.12 -Consideration of payment approval for the upsizing of the New High School Water Line. Items 3 through 8, and item 12 were approved by consent agenda. Coucilmember Barrett moved to approve the consent agenda, seconded by Councilmember Clark. Motion carried. 2323 ITEM NO. 9 -Consideration of Ordinance No. 168 -Designation of reinvestment zone for FWT, Inc., Addition, Lot 2-R, Block 1. Councihnember Clark moved to deny Ordinance No. 168, designating a reinvestment zone for FWT, Inc., Addition, Lot 2-R, Block 1, seconded by Councilmember Kovach. Motion carried. ITEM NO.10 -Consideration of Contract 98-06, granting tax abatement to U.S. Galvanizing Haskin, Wallace, Mason Property Management, L.L.P. No action was taken on this item as the reinvestment zone was denied unanimously. ITEM NO.11-Consideration amending the Economic Development Corporation budget in the amount of $25,000. Councilmember Hoover moved to amend the Economic Development Corporation budget by increasing the advertising portion by $25,000.00, seconded by Councilmember Vaughn. Motion carried. ITEM N0.13 -Consideration of purchasing asphalt roller for street department. Councilmember Kovach moved to approve the purchase of a Bomag roller from U.S. Rentals in the amount of $9,500.00, seconded by Councilmember Clark. Motion carried. ITEM N0.14 -Consideration of purchasing %2 Ton Pick-up for Fire Marshall. Councilmember Barrett moved to approve purchase and award bid to Payton-Wright Ford Sales, Inc., in the amount of $16,331 for one '/2 ton regular cab pick-up for the Fire Marshall, seconded by Councilmember Kovach. Motion carried. ITEM NO.15 -General discussion. Items bought forth for discussion included the following: Presentation by Mr. Verlin Amer, 708 Magnolia Drive, Kennedale regarding Conkle Custom Cabinets delivery trucks exiting onto Magnolia Drive; and Mrs. Cathy Moore voicing concern and support of the Kennedale Library; and Petition submitted to Mayor Wright by Mrs. Betty Walls regarding the recent annexation. There being no further discussion, Mayor Wright entered into executive session at 9:50 p.m. ITEM N0.16 -Executive session. A) 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 development controls in the ETJ or any item posted on the agenda, pursuant to Section 551.071, Texas Government Code. 2324 1) Ken Pearce v. City of Kennedale, Cause No. 352-156704-94 2) Michael Kerr v. City of Kennedale, Cause No. 4-96CV--474-Y 3) Larry Jack -Municipal Court Appeal. 4) Discussion regarding executive session. B) The City Council met in closed session to deliberate the purchase, exchange, or value of real property, Section 551.072, Texas Government Code. Mayor Wright reconvened into open session at 11:02 p.m. ITEM N0.17 -Action on executive session, if necessary. No action was required on this item. Mayor Wright adjourned the meeting at 11:04 p.m. 1 . ~' `~~ •._,~ .. ~ r ~ ~~ ATTEST' -~- ~^~~ d~ ~~ City Secre APPROVED: /-~ C! - ~~ ~ a-~-,~ Mayor Mark S. ght