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07/11/1996, Regular Meeting Minutes2230 MINUTE OF KENNEDALE CITY COUNCIL REGULAR MEETING - JULY 11, 1996 100 E. BROADWAY ST. - COMMUNITY CENTER Mayor Mundy called the regular meeting to order at 7:58 p.m. Members present were Mayor Mundy, Councilmember's Wright, McCraw, Barrett and Boone. Councilmember Kovach was absent. Staff present were Ted Rowe, Kathy Turner, Vicki Thompson, Michael Box, and legal counsel, Elizabeth Elam. Councilmember Barrett gave the invocation. ITEM NO. 1 - Approval of Minutes: Public Hearing - June 13, 1996 Regular Meeting - June 13, 1996 Special Meeting - June 26, 1996 Councilmember Barrett moved to approve the above minutes as they were submitted, seconded by Councilmember Boone. Motion carried unanimously. ITEM NO. 2 - Recommendation to Tarrant County for award of contract for 21st year Community Development Block Grant (CDBG) project and budget amendment, if required. Councilmember Boone moved to award Project No. B95-UC-48-0001-40-05, Miscellaneous Street Improvements located CDBG target areas of the City of Kennedale, Unit I - Portion of Rolanda Lane, Unit II - Briarwood Road (Shady Lane to Averett Road), 21st Year Program Project Job No. 015-208 to CALTEX Construction Co., Inc., in the amount of $142,450.50; and to amend the budget by providing $29,284.40 from General Fund Reserves to augment the CDBG funds. Seconded by Councilmember Wright. Motion carried without opposition. ITEM NO. 3 - Approval of Resolution No. 51, Approving Marcus's rates for basic cable service, and rates for equipment and installation. Councilmember Barrett moved to approve Resolution No. 51, approving Marcus's Cable Associates, L.P.'S Rates for basic cable service, and rates for equipment and installation, seconded by Councilmember McCraw with all members voting in favor. ITEM NO. 4 - Approval of Resolution No. 52, Supporting North Texas Tollway Authority. Councilmember McCraw moved to approve Resolution No. 52, Supporting North Texas Tollway Authority, seconded by Councilmember Wright. Councilmember's McCraw, Wright, and Boone voted in favor while Councilmember Barrett abstained. Motion carried. ITEM NO. 5 - Approval of Resolution No. 53, Participating in Logic Investment Pool. Councilmember Barrett moved to approve Resolution No. 53, Participating in the Logic Investment Pool, seconded by Councilmember McCraw. Motion carried unanimously. 2231 Mayor Mundy moved item number 11 up for discussion and action before returning to item number six. ITEM NO. 11 - Renewal or Extension of KYA License Agreement. Mr. Greg Sellers, Treasurer for Kennedale Youth Association advised Council that KYA was in the middle of work shops with the Park Board working on several issues and needed more time to resolve them. Councilmember Boone moved to grant a thirty day extension to Contract 96-01 which will expire on August 31, 1996, seconded by Councilmember Wright. Councilmember's Boone, Wright and Barrett voted in favor with Councilmember McCraw opposed. Motion carried. ITEM NO. 6 - Consideration of Ordinance No. 105, Authorizing Zoning Change 96-05, to "C-2" General Commercial District. Councilmember McCraw moved to table Ordinance No. 105, seconded by Councilmember Barrett. Motion carried unanimously. ITEM NO. 7 - Consideration of Ordinance No. 106, Authorizing Zoning Change 96-06, to "C-2" General Commercial District. Councilmember Barrett moved to approve Ordinance No. 106, authorizing zoning change 96-06 to "C-2" General Commercial District for Lot 1, Block 1, Dunlap Subdivision, seconded by Councilmember Wright. Motion carried without opposition. ITEM NO. 8 - Consideration of Ordinance No. 107, Authorizing Zoning Change 96-07, to "C2" General Commercial District. Councilmember Wright moved to table Ordinance No. 107, seconded by Councilmember Boone with all members voting in favor. ITEM NO. 9 - Consideration of Ordinance No. 108, Sexually Oriented Businesses. Councilmember Wright moved to table Ordinance No. 108, seconded by Councilmember Barrett. Motion carried with none opposed. ITEM NO. 10 - Consideration of purchasing reader printer. Councilmember Boone moved to purchase a reader/printer from the low bidder Horizon Micrographics, Inc., in the amount of $5,115.00, seconded by Councilmember McCraw. Motion carried unanimously. ITEM NO. 12 - Approval to purchase a 14 yard Dump Truck. Councilmember Wright moved to deny the purchase of a 14 yard dump truck, seconded by Councilmember McCraw. Motion carried. ITEM NO. 13 - Approval of Resolution No. 54 to participate in grant application for compost education program. Councilmember Barrett moved to approve Resolution No. 54 to participate in grant application for compost education program, seconded by Councilmember Boone with all members voting in favor. 2232 ITEM NO. 14 - General Discussion. Councilmember Wright expressed his thanks to the Kennedale Fire, Ambulance and Police Departments for their courtesy and quick reaction to a recent accident involving his family. Mr. Jerry Miller who resides at 809 Shady Creek, addressed council with concerns relating to garage sale signs, location of signs, and removal period relating to signs. There being no further discussion, Mayor Mundy took a short recess at 9:00 p.m. and returned to open session at 9:10 p.m. Mayor Mundy entered into executive session at 9:15 p.m. ITEM NO. 15 - 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 the Professional Code of Conduct of the State Bar of Texas conflicts with the Texas Open Meetings Act, pursuant to Section 551.071, Texas Government Code. A) Fern McKinley v. City of Kennedale, Cause No. 17-159579-95. B) Ken Pearce v. City of Kennedale, Cause No. 352-156704-94. 1 Mayor Mundy reconvened into open session at 9:35 p.m. ITEM NO. 16 - Action on executive session if necessary. No action was taken on this item. There being no further discussion, Mayor Mundy adjourned the meeting at 9:36 p.m. ~ - r_> _, ~ ~ '_ i ; ~;~ ~ .. ATTEST :'- // ~~---' ~/1 ~~~ City Sec tary APPROVED: Maur ert F . M