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04/10/1997, Regular Meeting Minutes2296 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING - APRIL 10, 1997 100 E. BROADWAY ST. - COMMUNITY CENTER Mayor Mundy called the meeting to order at 8:02 p.m. Members present were Mayor Mundy, Councilmen Wright, Barrett, Boone and Kovach. Staff present were Ted Rowe, Kathy Turner, Lynette Whidden, Linda Royster, and legal counsel, Wayne K. Olson. Also present was Rick Steeno, councilman elect. Councilman Barrett gave the invocation. ITEM NO. 1 - Consideration of minutes: Pre Council Workshop - March 13, 1997 Public Hearing - March 13, 1997 Regular Meeting - March 13, 1997 Councilman Boone moved to approve the minutes as they were submitted, seconded by Councilman Barrett. Motion carried. ITEM NO. 2 - Consideration of Ordinance No. 129, cancelling the May 3, 1997 general election and declaring each unopposed candidate elected to office. Councilman Kovach moved to approve Ordinance No. 129, cancelling the May 3, 1997 General Election and declaring each unopposed candidate elected to office, seconded by Councilman Boone with all members voting in favor. Mayor Mundy introduced Rick Steeno who ran unopposed for Council Place 3 and welcomed him. ITEM NO. 3 - Consideration of Ordinance No. 127, regulating garage sales. Mayor Mundy stated that Council had some concerns that needed to be addressed with legal counsel prior to action on this item and recommended entering into executive session so citizens would not have to standby. Therefore, council convened into executive session at 8:10 p.m. Mayor Mundy reconvened into open session at 8:25 p.m. Councilman Barrett moved to approve Ordinance No. 127 regulating garage sales as written with noted amendments, seconded by Councilman Wright. Motion carried unanimously. 2297 ITEM NO. 4 - Consideration of Ordinance No. 128, to re-zone a 200 foot buffer of Lot 1R, Block 1, FWT, Inc., Addition to "I" Industrial, requested by Mr. Tommy Moore. Councilman Wright moved to approve Ordinance No. 128, to re-zone a 200 foot buffer strip of Lot 1R, Block 1, FWT, Inc., Addition to "I" Industrial, seconded by Councilman Kovach. Motion carried. ITEM NO. 5 - Consideration of Boundary Agreement with the City of Arlington to adjust boundary lines. Mr. Rowe advised Council that the City of Arlington approved the boundary agreement with a vote of eight to none. Councilman Boone moved to approve the boundary agreement with the City of Arlington to adjust boundary lines, seconded by Councilman Barrett with all members voting in favor. ITEM NO. 6 - Consideration to accept Petition for Annexation. Councilman Kovach moved to accept the Petition for Annexation as requested by KISD, seconded by Councilman Boone. Motion carried without opposition. ITEM NO. 7 - Consideration of Resolution No. 64, appointing the Municipal Court Judge. Councilman Barrett moved to approve Resolution No. 64, appointing Donald Lee as the Municipal Court Judge, seconded by Councilman Kovach. Motion carried. ITEM NO. 8 - General Discussion Mayor Mundy recognized that the City of Kennedale's Water Department had received a Certificate for Outstanding Performance. In addition, he announced the Chamber Banquet would be May 1, 1997 at the Walnut Creek Country Club with the Honorable Tom Vandergriff speaking, and that the 50th anniversary committee was progressing well. Councilman Kovach brought attention to the fact that the City is trying to clean-up and make Business 287 more presentable without raising taxes. He said that the city must have goals in order to move forward. Mr. Bill Hensley, who resides at 120 Briarwood Road addressed the Council with concerns relating to truck traffic. He said he hopes that the city can control the truck traffic to Shadey Lane so that damage does not result to Briarwood which is has just been completed. Next, Mr. Hensley asked the Council to consider establishing a burn permit. He feels that it would be more beneficial to burn leaves in a barrel rather than sacking them for the trash men to pick-up. He was advised that the Fire Chief regulates burning permits and that there were certain guidelines that had to be met. Mr. Carl Moore, with FWT, Inc., expressed his gratitude and thanks towards city staff for all their had work and effort in providing assistance to them during their construction. 2298 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 C. Kerr v. City of Kennedale, Cause No. 4-96CV-474-Y Council deliberated in executive session prior to action being taken on item number three. ITEM NO. 10 - Action on executive session, if necessary. There was no action required on this item. There being no further discussion, Mayor Mundy adjourned the meeting at 9:01 p.m. APPROVED: ~~~~ Mayor, Robert P. Mundy ATTEST: Cit Sec etary ~]