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03/10/1994, Regular Meeting MinutesPage 2072 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING - MARCH 10, 1994 100 E. BROADWAY ST. - COMMUNITY CENTER 7:30 PM. Mayor Abbott called the meeting to order at 7:30 p.m. Members present were Mayor Abbott, Mark Wright, Robert Mundy, Pete Kirkpatrick, Tom Boone, and Ron Kovach. Staff present were Ted Rowe, Kathy Turner, Linda Royster, Vicki Thompson, Michael Box, David Geeslin, Joey Highfill, and Wayne Olson, City Attorney. Councilman Mundy gave the invocation. ITEM NO. 1 - Approval of Minutes: Special Meeting - January 25, 1994 Special Meeting - February 10, 1994 Regular Meeting - February 10, 1994 Public Hearing -March 1, 1994 Special Meeting - March 1, 1999 Public Hearing - March 3, 1994 Councilman Boone moved to accept the minutes as stated above with the correction that Councilman Wright voted aye, instead of abstaining in the February 10, 1994 minutes under item three. Second by Councilman Kirkpatrick. Motion carried. ITEM NO. 2 - Approval of Resolution No. 21 - Participation in the Lone Star Investment Pool. Councilman Mundy moved to approve Resolution No. 21 - Participation in the Lone Star Investment Pool and granting authorization to the Director of Finance to complete inter-local agreement; and the city staff be authorized to invest in the Government Pool but that no more than 75$ percent (for cash position) can be in these pools and no more than 50$ percent in any one pool. Seconded by Councilman Boone and motion carried without opposition. ITEM NO. 3 - Approval of Ordinance No. 48 - Park and Recreation Ordinance and Appointment of Board Members. Councilman Wright appointed Mr. Joseph Coleman as Place 1. Councilman Mundy stressed his concern over Section 16-29 and would like to see this section modified to read "It is not the purpose of Section 16-29 to prohibit lawful fishing in city parks unless restricted by the City Administrator." Councilman Wright pointed out some typographical errors that needed to be corrected, and stated that in Section 16-28 he feels it needs to read "approval by City Administrator"; and under Section 16-45 (c) change "article" to "chapter." Councilman Boone noted an error under Section 16-2 (a) change the word "work" to read "word." Page 2073 Mayor Abbott suggested that if the City Administrator authorization is required, it should be submitted in writing. Councilman Wright moved to approve Ordinance No. 48 with all recommended changes noted above, seconded by Councilman Kovach. Motion carried unanimously. ITEM NO. 4 - Recommendation to Commissioner's Court for Award of Contract for CDBG Project to be constructed this year. AA,~EA(DEa --~ Councilman Kovach moved a recommendation to the Commissioner's Court to ,r1.14.g4 award the 1993-94 CDBG Project No. B93-UC-48-0001-40-05 to APAC Texas, Inc., to end on 2+67 for contract amount of $102,485.19. Seconded by Councilman Kirkpatrick and motion passed unanimously. ITEM NO. 5 - Approval of Agreement with FWT, Inc., to Increase Their Contribution for Utility Costs. Councilman Kirkpatrick moved to accept the expenditure of $10,000 by FWT, Inc., for a sewer connection in lieu of $5,082.32 for the water line commitment in the Developer's Contract No. 94-03. Second by Councilman Mundy. Motion carried without any opposition. ITEM NO. 6 - Approval of Interlocal Agreement Contract 94-OS with City of Fort Worth regarding Rabies Specimens. Mr. Wayne Olson, legal counsel for the city stated paragraph eight, Waiver, Release, Indemnification, and Hold Harmless Clause should be looked into because this is stating that the City of Kennedale is willing to hold the City of Fort Worth harmless of any negligence of their own employees. Councilman Mundy questioned the city's insurance status on picking up this liability. Councilman Mundy moved to table item 8 until the city's legal counsel has reviewed Section 8 with the City of Fort Worth. Second by Councilman Kovach. Motion passed unanimously. ITEM NO. 7 - Staff Budget Briefing. Mr. Joey Highfill, Director of Water Operations briefed council on the Water Operations Budget. Mr. Highfill stated the budget was approximately five percent under budget which was due to expenditures of chlorine buildings, maintenance of equipment, membership dues, and overtime. Mr. Highfill also advised of National Water Drinking week for May 1st through the 7th and stated he had entered the city in a contest for a Water Excellence Award. ITEM NO. 8 - General Discussion. Councilman Kovach questioned if the city had a maintenance program for city vehicles and stated he would like to see one implemented in the future. Mayor Abbott stated that there would be a city wide clean-up on Saturday, April 9th at the city park. Page 2074 Mayor Abbott also said the Chamber of Commerce would hold their awards banquet on April 24th and a golf tournament on May 16th, and encouraged council to attend. There being no further discussion, Mayor Abbott recessed for five minutes before going into executive session at 8:50 p.m. EXECUTIVE SESSION ITEM NO. 9 - Consultation with Attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the attorney requires it, per Texas Government Code, Section 551.071. RECONVENE INTO OPEN SESSION Mayor Abbott reconvened into open session at 9:53 p.m. ITEM NO. 10 - Action on Executive Session if Necessary. There was no action taken on this item. Mayor Abbott adjourned the meeting at 9:54 p.m. APPROVED: Ma or Bill Abbott ATTEST: ~L~' ~LGf,ILli~ Kathy Turr~p6r, City Secretary