03/11/1999, Regular Meeting Minutes2355
r1
U
1
u
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING -MARCH 11, 1999
100 E. BROADWAY ST. - COMMiJNITY CENTER
Mayor Wright called the meeting to order at 7:49 p.m.
Members present: Mayor Wright, Councilmembers' Clark, Hoover, Barrett, Vaughn and
Kovach.
Members absent: None
Staff present: Ted Rowe, Kathy Turner, Linda Royster, Michael Box, Mort Wetterling, and legal
counsel, Wayne K. Olson
Councilmember Barrett gave the invocation.
ITEM NO. 1-Consideration of minutes: Workshop -February 11, 1999
Public Hearing -February 11, 1999
Regular Meeting -February 11, 1999
Special Meeting -February 18, 1999
Workshop -February 23, 1999
Councilmember Barrett moved to approve the above minutes as they were submitted, seconded
by Councilmember Clark. Motion carried.
ITEM NO. 2 -Consideration of Contract 99-03, Kennedale Youth Association.
Councilmember Clark moved, seconded by Councilmember Barrett to approve Contract 99-03,
contingent upon the following language being added:
Section 3 -add the following language as Paragraph number three "If the association fails to
clean the field by noon the day after the event, the City of Kennedale will have the area cleaned
and bill the Association accordingly."; and
Section 8 -add two comma's after the word "sessions," and "days," on the second line in the first
sentence.
All members voted aye and motion carried.
ITEM NO. 3 -Consideration of Resolution No. 87, setting Park Dedication dwelling fee
for Shady Creek East area.
Councilmember Barrett moved to approve Resolution No. 87 to set the dwelling unit fee in the
Shady Creek East area t $175.00, seconded by Councilmember Kovach. Councilmembers'
Barrett, Kovach, Vaughn, Hoover voted aye, with Councilmember Clark voting nay. Motion
carried.
2356
ITEM NO. 4 -Consideration of Developers Agreement and Final Plat, Shady Creek East,
Section Two.
Councilmember Barrett moved to approve the Developer's Agreement and Final Plat for Shady
Creek East, Section Two, seconded by Councilmember Hoover. Motion carried.
ITEM NO. 5 -Consideration of Agreement and Ordinance to change ownership of Marcus
Cable.
Mayor Wright declared a public hearing on the Marcus Cable ownership change and asked for
input from the audience.
Mr. Farrell Moseley, representing Charter Communications and Paul Allen was present and stated
the ownership change was very favorable to the cities and constituents and requested Council
approval.
It was noted to Council that the cities of Fort Worth, Mansfield, and several other cities had
approved the change.
No other persons spoke for or against the ownership change.
Mayor Wright closed the public hearing and then entered into the regular meeting for action on
item five.
Councilmember Kovach moved to approve the agreement and ordinance transferring ownership
of Marcus Cable, seconded by Councilmember Vaughn. Motion carried.
ITEM NO. 6 -Consideration of Resolution No. 88, agreement with Union Pacific
Railroad Company.
Councilmember Kovach moved to approve Resolution No. 88 to accept and authorize the
execution of the agreement and designate expenditure of $6,264 from the Street Department
budget for the City share of the upgrade cost, seconded by Councilmember Barrett. Motion
carried.
ITEM NO. 7 - Consideration of initiating selection of planner for City Master Land Use
Plan.
Councilmember Barrett moved to authorize the City Manager to select local land use planners to
present proposals for updating our Master Land Use Plan in close coordination with COG,
seconded by Councilmember Hoover. Motion carried.
ITEM NO. 8 -Consideration of projects for Tarrant County Interlocal Grant Program.
Councilmember Kovach moved to recommend to Tarrant County that Little School Road "S"
curve be straightened out for the Interlocal Grant Program, seconded by Councilmember Barrett.
Motion carried.
2357
ITEM NO. 9 -Consideration of acquiring extra territorial jurisdiction (ETJ) from the
City of Forest Hill.
Councilmember Kovach moved to authorize legal counsel to prepare a resolution and negotiate
with the City of Forest Hill to obtain the extra territorial jurisdiction, seconded by
Councilmember Vaughn. Motion carried.
ITEM NO. 10 -General discussion.
Items brought forth for discussion included the following:
• Park Land Dedication Ordinance addressing park land fees and assessment of park dedication
fees for all vacant lots within the city versus assessing the fee for only new sub-divisions; and
• Update from Park Board Chairman Cordell regarding the city concert on June 19, 1999, and
related activities to be presented to Council at their April 1999 meeting; and
• Update from Park Board regarding a recommendation on Park Land Dedication Fees to be
presented to Council at their April 1999 meeting.
There being no further discussion before Council Mayor Wright recessed the meeting at 9:12 p.m.
Council reconvened and entered into executive session at 9:22 p.m.
ITEM NO. 11-Executive Session.
A) 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 development controls in the ETJ or any item posted
on the agenda, pursuant to Section 551.071, Texas Government Code.
1) Michael Kerr v. City of Kennedale, Cause No. 4-96CV--474-Y
2) Review ofamortization ofnon-conforming uses.
B) T'he City Council met in closed session to deliberate the purchase, exchange, or value
of real property, Section 551.072, Texas Government Code.
Mayor Wright reconvened into open session at 10:15 p.m.
ITEM N0.12-Action on executive session, if necessary.
No action was taken on this item.
Mayor Wright adjourned the meeting at 10:16 p.m.
APPROVED: ~ ) _
G,./
ATTEST: Mayor, Mark S. Wrig
'`' L'Gt1'~2-~ ~'
City Secre