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02.14.1980 CC MinutesPage 925 REGULAR MEETING OF THE KENNEDALE CITY COUNCIL February 14, 1980 Mayor Steve Radakovich assembled the meeting at 7:50 P.M. Clyde Marshall gave the invocation. Members present were Mayor Steve Radakovich, Mayor Pro-Tem Clara Sanderson, Councilmen George Lowery and Dwight Miller. Council members abser_t were Wayne Winters and Charles Kuykendall. Staff present were Mel Justice, Clyde Marshall and Tyne Reflogal. The minutes of the Executive Session of January 5, 1980 were approved as read. The minutes of the Regular Meeting of January 10, 1980 were approved as read. The minutes of the Special Meeting of January 12, 1880 were approved as read. Item No. 1 CONSIDERATION OF ESTABLISHMENT OF SPECIAL BANK ACCOUNT FOR E.P.A. GRANT. Mel Justice explained to the Council that in order to comply with Federal Regulations it would be necessary to establish a Special Bank Account to handle all monies concerning the E.P.A. Grant. Mayor Radakovich read aloud proposed Resolution No. 80-4. A Resolution Establishing the City of Kennedale E.P.A Grant Bank Account. George Lowery made a motion to adopt Resolution No. 80-4 a Resolution Establishing the City of Kennedale E.P.A. Grant Bank Account. Seconded by Clara Sanderson. Motion carried with none opposed. Item No. 2 CONSIDERATION OE AMBULANCE ORDINANCE. Mayor Radakovich read proposed Ordinance No. 80-1 an Ordinance establishing an Ambulance Board and providing for Ambulance Service; providing for regulation of service by the Ambulance board; specifying service and charges therefor; providing for publication and an effective-date. The Council discussed the proposed ordinance and it was the consensus of the Council that Section III, paragraph c, item (3) should read "No person will be transported to any .hospital any further than 25 miles from the ambulance central location (.Kennedale Police Department)." Page 926 Regular Meeting Of The Kennedale City Council February 14, 1980 Cont'd Dwight Miller made a motion to adopt Ordinance No. 80-1 subject to above cited change. Seconded by George Lowery. Motion carried with none opposed. Item No. 3 CONSIDERATION OF RESOLUTION CALLING AN ELECTION. Mayor Radakovich read proposed Resolution No. 80-3 by the City Council of the City of Kennedale, Texas, calling a Municipal Election for the purpose of electing a Mayor and two Councilmen, each to serve a term of office of two years. Dwight Miller made a motion to adopt Resolution No. 80-3 as read. Seconded by George Lowery motion carried with none opposed. Item No. 4 CONSIDERATION OF ESTABLISHMENT OF BUDGETARY PUBLIC HEARING. Mel Justice reminded the Council that two Public Hearings were required and that 15 days notice be given before the first Public Hearing. The Council entered into a discussion as to the most convient time for the Council and the most desireable time for citizen participation. It was the Councils desire to have four meetings alternating Executive Sessions with Public Hearings. George Lowery made 9:00 A.M. February 9;00 A.M. March 1, March 8, 1980; and 13, 1980. Seconded none opposed. a motion to call an 23, 1980; the first 1980; and Executive a second Public Hea by Clara Sanderson. Executive Session for Public Hearing for Session for 9:00 A.M. ring for 7:30 P.M. March Motion carried with Item No. 5 CONSIDERATION OF ESTABLISHMENT OF ADVISORY GROUP FOR E.P.A. GRANT. Mel Justice explained to the Council that one of the requirements of the E.P.A. Grant is to appoint an advisory group to work with the staff. Mel recommended the Council appoint 2 Park Board members and 3 Zoning Board members. The Council discussed possible members and it was the consensus o#' the Council that the advisory group should be composed of= 1 Council member, 2 Park Board members and 2 Zoning Board members. George Lowery made a motion to appoint Dwight Miller E.P.A. advisory group member, 2 Park Board members to be chosen by the Park Board and 2 Zoning Board members to be chosed by the Zoning Board. Seconded by Clara Sanderson. Motion carried with none opposed. Item No. 6 CONSIDERATION OF RESOLUTION TO PROVIDE LEGAL REPRESENTATION. Page 927 Regular Meeting Of The Kennedale City Council February 14, 1980 Cont'd Mayor Radakovich informed Council that the City of Arlington has filed suit against the City of Kennedale and other taxing agencies connected with the Tarrant County Tax Appraisal District. Mayor Radakovich read proposed Resolution No. 80-5 a Resolution providing for defense of a certain lawsuit entitled City Of Arlington v Madrin Huffman, et al, No 153-57996-79 in cooperation with other taxing entities in Tarrant County. Mr. Marshall explained that since Arlington had filed suit against Kennedale the City must defend itself by hiring an attorney to represent only Kennedale or to join the other taxing entities in a cooperative defense. Ntr. Marshall also stated it would be much more expensive to hire an attorney for individual defense. Dwight Miller made a motion to adopt Resolution No. X30-5 a Resolution to provide legal representation in defense of the City Of Arlington lawsuit No. 153-57996-79. Seconded by George Lowery. Motion carried with none opposed. Item No. 7 CONSIDERI~TION 0~' ZONING BOARD"S RECOMMENDATIONS . No discussion-No action taken. Item No. 8 CONSIDERATION Ok' CABLE T.~'. ORDINANCE. Mr. Marshall presented a proposed ordinance for Council to consider and provide guidance before the final draft is pre- pared. Council agreed to study the proposed ordinance before the next regular meeting. Item No. 9 CONSIDERATION OF CABLE T.V. FRANCHISE. Mr. Marshall did not have the franchise prepared because he did not have sufficient information. Item No. 10 CONSIDERATION OF AWARDING CABLE T.'V. FRANCHISE. Mayor Radakovch stated that the Council had discussed cable T.V. to great lengths and had received proposals from several companies. After reviewing all proposals and interviewing all interested companies it is the consensus of the Council that Tarrant Cable Communccations should be awarded the franchise. Mr. Marshall stated that if Council wished they could award the franchise before the ordinance is adopted contingent upon final conditions of ordinance and franchise being acceptable to both City and Tarrant Cable Communications. Page 928 Regular Meeting Of The Kennedale City Council February 14, 1980 Cont'd Mayor Radakovich asked Senator Meier if his company would be interested in a franchise with such stipulations? Senator Meier assured the Council his company did want the franchise and he felt there would be no problems about the final condi- tions and regulations. George Lowery made a motion to grant a calbe T. V. franchise to Tarrant Cable Communications contingent upon final conditions of ordinance and franchise being acceptable to both City and Tarrant Cable Communications. Seconded by Clara Sanderson. Motion carried with none opposed. OPEN DISCUSSION Mayor Radakovich said that a Mrs. Garrett from the Nursing Home had asked if the Nursing Home could use the Community Center in an emergency situation where the Nursing Home must be evacuated. Clara Sanderson made a motion to grant the Nursing Home permis- sion to use the Community Center in an emergency situation where it was necessary to evacuate the Nursing Home. Seconded by George Lowery. Motion carried with none opposed. George Lowery asked about the Community Center being rented 6 months in advance. Mel Justice stated that according to the rules and regulations adopted by the Park Board and Council this is permissible. After a short discussion Council decided to refer complaints about the Community Center Rules and Regulations to the Park Board and if there was a large number the Park Board might want to recommend revising the Rules and Regulations. John Boyce, attorney for Linda Miller came before Council asking the Council to agree to fix Kevin Miller road by repacking and repairing one area that has subsided, an area approximately 9 ft by 3 ft and some assurance that it will not subside again. Also for Council to pay Mrs. Miller's attorney fee's of $500.00. After a lengthy discussion Council agreed to have Mr. Marshall make a counter proposal for the City to fix the hole by repacking and repairing the one area approximately 9 ft by 3 ft but no attorney fees. Mae Pennington asked about her drive way where the City laid Page 929 Regular Meeting Of The Kennedale City Council February 14, 1980 Cont'd a water line and Mayor Radakovich said that was the City's responsibility and it would be fixed. Clara Sanderson asked about the City ordinances. refering to the City administrator. The Council discussed this matter and decided to have Mr. Marshall prepare an ordinance changing all ordinances where they refer to City administrator to read Mayor. George Lowery made a motion to adjourn. Seconded by Clara Sanderson. Motion carried with none opposed. Meeting adjourned at 10:20 P. M. ;~ r fj 1 ~~ / r APPROVED: G~ ~ ~G~:C~' L~~~.-,-~-~~ teve Radakovich, Mayor ATTEST: yn efl al~ City Secretary CITY SEAL: