10/16/1997, Regular Meeting Minutes2331
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING -SEPTEMBER 16, 1997
100 E. BROADWAY ST. -COMMUNITY CENTER
Mayor Mundy called the meeting to order at 7:03 p.m.
Members present were Mayor Mundy, Councilmen Wright, Steeno, Barrett and Boone.
Councilman Kovach arrived at 7:04 p.m.
Staff present were Ted Rowe, Kathy Turner, Lynette Whidden, Linda Royster, and legal counsel,
Wayne K. Olson.
Councilman Barrett gave the invocation.
ITEM NO. 1-Consideration of minutes: Workshop -August 12, 1997
Regular Meeting -August 14, 1997
Workshop -August 19, 1997
Workshop -August 21, 1997
Special Meeting -August 25, 1997
Councilman Barrett moved to approve the above minutes as they were submitted seconded by
Councilman Boone. Motion carried.
ITEM NO. 2 -Consideration of Resolution No. 68 -Amending Economic Development
Corporation Board of Directors BYLAWS.
Councilman Barrett moved to approve Resolution No. 68 - Amending the Economic
Development Corporation Board of Directors BYLAWS contingent upon amending 1C to read as
follows "Fails to attend three consecutive regular meetings of the board without notice to and
being excused by the board, board President, or the city council." Councilman Wright seconded
the motion with all members voting in favor.
ITEM NO. 3 -Consideration of Contract 97-08, Forensic Consultant Services.
Councilman Wright moved to approve Contract 97-08 with Forensic Consultant Services,
seconded by Councilman Steeno. Motion carried without opposition.
ITEM NO. 4 -Consideration of Ordinance No. 139 -Adopting the budget for fiscal year
1997/1998.
Ted Rowe, City Administrator pointed out a minor change in Section 4 that needed to be
addressed. He stated the year "1997-1998" should read "1996-1997" budget.
Councilman Barrett moved to approve Ordinance No. 139 adopting the budget for fiscal year
1997/1998 with the noted correction above to Section 4. Councilman Steeno seconded the
motion with all members voting in favor.
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ITEM NO. 5 -Consideration of Ordinance No. 140 -Adopting the 1997 tax rate of $0.60 per
$100.00 of taxable value.
Councilman Wright moved to approve Ordinance No. 140 adopting the 1997 tax rate of $0.60 per
$100.00 of taxable value, seconded by Councilman Boone. Motion carried unanimously.
ITEM NO. 6 -Consideration of approval of Economic Development Corporation budget
for fiscal year 1997/1998.
Councilman Barrett moved to approve the Economic Development Corporation budget for fiscal
year 1997/1998, seconded by Councilman Kovach. Motion carried with all members voting in
favor.
ITEM NO. 7 -Consideration of re-commitment to concept plan for development of
municipal complex area and reserving heritage location.
Council was provided a copy of a proposed concept plan. With this plan, Mayor Mundy asked
Council to revalidate the concept plan and designate a heritage area to bury the time capsule.
Councilman Boone moved to revalidate the concept plan and designate a heritage area for the
time capsule burial, seconded by Councilman Barrett. Motion carried.
ITEM NO. 8 -Consideration of presentation supporting a proposed Home Rule Charter.
Mr. John Berry, who resides at 604 Hillside Drive, Kennedale, Texas, stated the purpose of his
request to be placed on the agenda was to request Council to reconsider a Home Rule Charter.
Mr. Berry implied that he had visited with many citizens and businesses and there was a
misunderstanding as to what a Home Rule Charter was. With this in mind, Mr. Berry had one
person from various organizations speak to Council in support of calling another election for a
Home Rule Charter.
Resolutions and/or letters of support calling an election for a Home Rule Charter were addressed
towards Council by the following persons: Ms. Sandra Bitnec, President of the Kennedale
Independent School Board; John Clark, Chairman of the Home Rule Charter Commission; Steven
Hayes representing The Miniature Basketball Association and Troop 35, Boy Scouts of America
- Troop Committee; Gehlin Menti, resident of the Kennedale Independent School District;
Sonora Fognolio, resident of the City of Kennedale; Nita Vaughn, representative of the
Steeplechase Home Owners Association; Cheryl Abbott, representing Friends of the Library
(FOLK); and Robert Duval, representative of the Kennedale Park Board.
In addition, Doug Parker, President of the Kennedale Youth Association stated that he had been
approached to submit a letter in support of calling another election for the Home Rule Charter.
He felt that it was in the best interest of the youth association, to not get involved in political
activities as, the majority of the board did not reside within the city limits of Kennedale.
Next, John Berry stated that he had received additional letters and/or resolutions supporting the
Home Rule status, but representatives were unable to attend the meeting. Those items were
received from State Representative, Kim Brimer; Shady Creek Home Owners Association, and
the Kennedale Chamber of Commerce. He also expressed unanimous support from the
Kennedale Economic Development Corporation Board of Directors; and the Kennedale Board of
Adjustment.
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In closing, Mr. Berry thanked everyone present for supporting the City, and expressing the need
for the City to proceed forward. He said the groups represent the majority of all civic,
community and business organizations in Kennedale and asked Council to form a Home Rule
Charter Commission at its earliest convenience.
Mayor Mundy urged Council to consult with their neighbors and themselves to think of what is
the best interest of the city. He then requested a public hearing to be held to receive more input
as to what the citizens want prior to making a decision calling a special election.
It was the consensus of Council to schedule a public hearing for Wednesday, October 1, 1997 to
receive citizen's input as to whether a Home Rule Charter Commission should be established and
another election called.
ITEM NO. 9 -Consideration of appointments to the Economic Development Corporation
Board of Directors.
Councilman Kovach moved to appoint the following Economic Development Corporation Board
of Directors to serve atwo-year term to begin October 1, 1997: Tom Boone -Place 1; Margaret
Eichelberger -Place 3; Robert Duval -Place 5; and Michael Box -Place 7. Councilman Barrett
seconded the motion. Councilman Kovach, Barrett, Wright and Steeno voted in favor of the
appointments, with Councilman Boone abstaining. Motion carried.
ITEM NO. 10 -Consideration of approval of exchange of land in Wrey Crest Road
right-of--way (ROW) for adjacent land.
Councilman Kovach moved to accept the basic proposal subject to a clear title being obtained by
both parties involved and to move forward with the proposal, seconded by Councilman Steeno.
Councilman Kovach, Steeno, Wright and Barrett voted in favor, with Councilman Boone
opposed. Motion carried.
ITEM NO. 11-General Discussion.
Mayor Mundy commented on the 50~' parade and festival and expressed his gratitude towards the
volunteers and city employees. In addition, he said there were two residual tasks to carry
forward; one, to continue documentation and formalizing with the heritage committee; and
second, to bury the time capsule.
Councilman Barrett thanked Cheryl Abbott for all her work organizing the Heritage Committee
and the success brought forth.
Ted Rowe, City Administrator briefed Council on three projects that Michael Box submitted to
State Representative Brimer's office for State assistance. Mr. Rowe felt that these projects were
a very good selection and the best anyone could have chosen in his absence.
Mr. Doug Greathouse, Pastor of the First United Methodist Church and a resident of Kennedale
addressed Council regarding the Home Rule Charter Commission issue. Mr. Greathouse spoke of
the importance of educating the citizens regarding the home rule issue and encouraged
communication to keep the community better informed. Councilman Kovach replied that the
City could not spend money to support or deny the Charter; the education must come from the
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Charter Commission, council members, or some other organizations. Mr. Greathouse then
requested his invitation to be passed on to the charter commission.
Mr. Eric Elam, who resides at 349 Kennedale Sublett Road, Kennedale, Texas, addressed Council
regarding the home rule issue. Mr. Elam replied that he did not oppose the home rule issue the
way he did tenaciously campaign against it because he did not agree with it but feels that the
charter should be redrafted. He also stated that calling another election so soon would be an
insult to the citizens who voted against the charter. Mayor Mundy informed Mr. Elam that he
could speak of these issues at the public hearing scheduled for October 1 S`
Councilman Kovach replied that he wants to know the concerns of the citizens who voted the
issue down and requested all citizens to come to the public hearing.
Mayor Mundy recessed the meeting at 8:25 p.m., and reopened the meeting at 8:30 p.m. to enter
into executive session.
ITEM NO. 12 -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. 17-1 S9S79-95.
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
Mayor Mundy reconvened into open session at 9:08 p.m.
ITEM NO. 13 -Action on executive session, if necessary.
No action was required on this item.
There being no further discussion, Mayor Mundy adjourned the meeting at 9:10 p.m.
APPROVED: ~~-g.~j
~~~
Mayor Robert P. Mundy
ATTEST:
-~--
Ci Secretary