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07/13/1995, Regular Meeting Minutes2158 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING - JULY 13, 1995 100 E. BROADWAY ST. - COMMUNITY CENTER 7:30 PM. Mayor Abbott called the meeting to order at 7:35 p.m. Members present were Mayor Abbott, Councilmen Wright, Mundy, Barrett, Boone and Kovach. Staff present were Ted Rowe, Kathy Turner, Vicki Thompson, Linda Royster, Jerry Trammell, John LaPorte, David Geeslin and Wayne K. Olson, legal counsel. ITEM NO. 1 - Approval of minutes: Regular Meeting - June 8, 1995. Councilman Mundy moved to approve the minutes as they were submitted, seconded by Councilman Kovach. Motion carried with no opposition. ITEM NO. 2 - Approval of Ordinance No. 74 amending City Code, Art. IV, Chapter 17, Flood Damage Prevention. Councilman Wright moved to approve Ordinance No. 74 amending City Code, Art. IV, Chapter 17, Flood Damage Prevention, seconded by Councilman Barrett. Motion carried unanimously. ITEM NO. 3 - Budget Briefing. Ms. Vicki Thompson, Director of Finance presented Council a print out of the estimated cash position, general fund summary by department, water fund summary by department, ambulance fund summary, and a calendar of the proposed budget workshops scheduled for August and September. In addition, Ms. Thompson advised that the sales tax receipts were up by 31 percent over last year. ITEM NO. 4 - General Discussion. Ms. Gabriella Bendslev, Attorney representing Ms. Fern McKinley and the residents of the 287 Mobile Home Park stated that she had been advised that Ordinance No. 74 would prohibit the maintaining of travel trailers within a floodplain area for any time greater than fifteen days. Ms. Bendslev said that she had not reviewed the FEMA requirements and encouraged council to table that portion of the ordinance that deals with travel trailers in order to allow her time to review. Mayor Abbott replied that Ordinance No. 74 was approved and that in order to get the ordinance before Council, it had to be approved by FEMA first. Mayor Abbott said if there was a problem with the ordinance there would be a problem with FEMA as well. Ms. Bendslev requested legal counsel provide her with FEMA's recommendations and information that dealt with travels trailers and the specific reason why that particular portion of the ordinance was necessary. 2159 Mayor Abbott questioned if this was going to be a part of Ms. Bendslev's appeal? Ms. Bendslev replied yes, then Mayor Abbott replied that once an appeal was brought forth, Mr. Olson would provide the requested information. Mr. Behring, property owner of a travel trailer, questioned as to why there was no public input on Ordinance No. 74. Mayor Abbott replied that a public hearing was not required and no public input was sought. Mr. Behring went on and presented further questions to Council regarding the status of recreational vehicles located within the floodplain. Ms. Betsy Witt, 716 W. Mansfield Highway, #12, addressed council regarding her concerns relating to travel trailers. In closing, Mayor Abbott stated that the ordinance relating to travel trailers and mobile homes had been in effect for years but just because Kennedale did not enforce this Ordinance in the past, is no excuse for not applying it today. There being no further business, Mayor Abbott recessed the meeting before entering into executive session at 8:05 p.m. Mayor Abbott reconvened into open session at 8:20 p.m., and entered into executive session at 8:23 p.m. 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 conduct of the State Bar of Texas conflicts with the Texas Open Meetings Act, pursuant to Section 551.071, Texas Government Code. RECONVENE INTO OPEN SESSION Mayor Abbott reconvened into open session at 9:25 p.m. ITEM NO. 4 - General Discussion Continued. Mr. Rowe advised that the construction of head walls will begin on the New Hope bridge on Monday, July 17, 1995; delay of project to move the city's water line along Mansfield Highway from Dick Price Road to 2- 20/620 by TEXDOT until October 1995 to obtain five more property easements, and need to auction several old and/or worn-out vehicles and use funds to purchase two replacement vehicles for police department. Mr. Rowe said that would be done through the bidding process. ~] 2160 ITEM NO. 5 - Action on executive session items, if necessary. No action was taken on this item. Mayor Abbott adjourned the meeting at 9:34 p.m. APPROVED: Mayor B'l1 Abbott ATTEST: c~r~~~~~... City ecr tary 1