09.11.2003 CC Minutes2949
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -SEPTEMBER 11, 2003
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
Mayor Wright called the meeting to order at 4:15 p.m.
Members present: Mayor Wright, Council Members Clark, Mitchell, and Kovach. Council
Member Barrett arrived at 4:50 p.m., and Vaughn arrived at 5:10 p.m. Council Member Kovach
departed at 6:20 p.m.
Members absent: None
Staff present: David Miller, City Manager; Kathy Turner, City Secretary; LiJen Lee, Director of
Finance; Don Burns, Director of Public Works; Dan Dittfurth, Fire Chief, and legal counsel,
Wayne K. Olson.
I. WORK SESSION
A. DISCUSSION ON PROPOSED BUDGET FOR FISCAL YEAR 2003/2004.
No discussion took place on the proposed budget.
B. DISCUSSION ON COUNCIL MEETING TIME.
It was said that there had been complaints from citizens who cannot attend the earlier
starting time and that some Council Members were having problems arriving on time, as
well. It was noted that since moving the meeting to an earlier starting time, more citizens
have attended the meeting than ever before. Further discussion was delayed until all
members could be present.
C. DISCUSSION ON ANY OTHER ITEM ON THE AGENDA, IF NEEDED.
David Miller, City Manager briefly reviewed consent agenda items. Mayor Wright
requested that a policy be established relating to the selection of candidates for all boards
and commission, and he also requested monthly meetings with the various boards and
commissions.
D. RECESS WORK SESSION TO ENTER INTO COUNCIL CHAMBERS FOR
REGULAR SESSION
Mayor Wright recessed the work session at 4:42 p.m. to enter into Council Chambers for
regular session.
II. REGULAR SESSION
A. RECONVENE AND CALL REGULAR SESSION TO ORDER
Mayor Wright reconvened into regular session at 4:52 p.m.
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B. INVOCATION
Council Member Barrett gave the invocation.
C. PRESENTATION OF COLORS IN REMEMBRANCE OF SEPTEMBER 11, 2001
BY ARLINGTON HIGH SCHOOL ROTC COLOR GUARD.
Arlington High School ROTC provided the Color Guard.
D. PLEDGE OF ALLEGIANCE
E. PRESENTATIONS
1. Mayor Wright will present proclamation for National Alcohol and Drug Addiction
Recovery Month to Ms. Carne Dennis with Tarrant County Challenge.
Ms. Dennis was not present to accept proclamation.
2. Mayor Wright read proclamation claiming September 11, 2003 as Day of
Remembrance.
F. VISITOR/CITIZENS FORUM
Frank Fernandez of 911 Shady Vale, Kennedale, TX, and Lynn Harris of 920 Shady
Bend Drive, Kennedale, TX addressed Council in opposition to the increase in property
tax.
G. PUBLIC HEARING
1. To receive citizen comments regarding a re-plat for Lot 1, Block 5, Rolling Acres
Addition to that of Lots 1RA and 1RB, Block 5, Rolling Acres Addition, requested
by Ivan Lewis.
No persons registered to speak for or against the re-plat. Mayor Wright closed the
public hearing at 5:04 p.m.
Next, Mayor Wright entered into Item K, Executive Session at 5:05 p.m., pursuant to
Sections 551.071, 551.072, and 551.087 of the Texas Government Code. Mayor
Wright reconvened into open session at 5:59 p.m., and announced that Council was
back in the work session to discuss meeting time and proposed budget for 2003/2004.
A brief discussion took place regarding meeting times. A majority of council agreed
to start future work sessions at 4:30 p.m., and regular meetings at 5:00 p.m.
Next, a question and answer period took place regarding training needs for the City
of Kennedale Fire Department. It was suggested that training be reviewed to ensure
that the City was not providing excess training that was not necessary for the City of
Kennedale. It was also requested that monthly reports be provided regarding fire and
emergency response calls.
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Mayor Wright then recessed the work session to enter back into regular session to
begin with item H, Consent Agenda at 6:17 p.m.
H. CONSENT AGENDA
1. Approval of minutes: regular meeting dated August 14, 2003, and special meeting
dated August 28, 2003.
2. Consider appointments to the Economic Development Corporation Board of
Directors.
3. Consider approval of Re-plat for Lot 1, Block 5, Rolling Acres Addition to that of
Lots 1RA and 1RB, Block 5, Rolling Acres Addition, requested by Ivan Lewis.
4. Consider bid acceptance for sale of KME, and authorize proceeds from sale to build
brush truck.
5. Consider approval of Ordinance No. 257, Denying TXU Rate Change Request.
6. Consider approval of Ordinance No. 258, revoking the election to not provide five-
year vesting.
7. Consider approval of agreement for street lighting service.
Council Member Mitchell requested item two be removed from consent agenda.
Council Member Barrett moved to approve consent agenda items 1, and 3 through 7,
second by Council Member Clark. Motion carried
I. REGULAR ITEMS
2. Consider appointments to the Economic Development Corporation Board of
Directors.
Council Member Clark moved to appoint/re-appoint the following persons to the
EDC Board of Directors with a term to expire September 30, 2005: Rob Morris,
Place 1; Beverly Hayes, Place 3; Nita Vaughn, Place 5; and Dempsey Farmer, Place
7. Motion second by Council Member Kovach. Clark, Kovach, Barrett and Vaughn
voted in favor, while Mitchell abstained. Motion carried.
8. Consider approval of Ordinance No. 259 to increase water/sewer rates.
Council Member Clark moved to approve Ordinance No. 259, second by Council
Member Barrett. Council Members Clark, Barrett, and Vaughn voted in favor, while
Mitchell voted nay. Motion carried.
9. Consider approval of Ordinance No. 255 adopting 2003-2004 budget.
Council Member Barrett moved to approve Ordinance No. 255 adopting 2003-2004
budget with exhibit reflecting a $0.732500 rate. Council Member Clark second the
motion.
Discussion followed with the pros/cons for the need to increase the budget.
Council Members Barrett and Clark voted in favor, while Council Members Mitchell
and Vaughn voted against. Mayor Wright voted in favor to break the tie. Motion
carried.
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10. Consider approval of Economic Development Corporation budget for fiscal year
2003-2004.
Council Member Clark moved to approve the EDC budget, second by Council
Member Barrett. Motion carried with Clark, Barrett, Mitchell and Vaughn voting in
favor.
11. Consider approval of Ordinance No. 256 adopting 2003 tax rate of $0.732500 per
$100 of taxable value.
Council Member Barrett moved to approve Ordinance No. 256 adopting 2003 tax
rate of $0.732500 per $100 of taxable value, second by Council Member Clark.
Council Members Barrett, Clark, and Vaughn voted in favor, while Council Member
Mitchell opposed. Motion carried.
J. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements -Mayor Wright announced that the Mansfield
Highway project was the largest in Tarrant County, and that the lanes should be
moved on Wednesday, September 17, 2003. Concern was expressed about moving
the lanes to the North would put the traffic right at the children walking to and from
school, and extra caution should be taken.
2. Council Reports/Announcements - No reports or announcements.
K. EXECUTIVE SESSION
Mayor Wright recessed the meeting at 5:05 p.m. to enter into executive session.
The City Council met in closed session pursuant to Section 551.071 of the Texas
Government Code for consultation with the City Attorney pertaining to any matter in
which the duty of the City Attorney under the Texas Disciplinary Rules of
Professional Conduct may conflict with the Open Meetings Act, including discussion
of any item posted on the agenda and legal issues regarding amortization of
nonconforming uses; reconstruction of Dick Price Road; and litigation, settlement
offers, and/or claims regarding the following matters:
a. H&A Land Corporation, d/b/a Showtime Cabaret v. City of Kennedale;
Cause No. 402-CV-0458-Y
b. Jerry Coyel v. City of Kennedale, Cause No. 236-193444-02
c. Police Department issues.
d. County of Tarrant, Texas v. Jerry Coyel; Cause No. 348-185513-00
2. The City Council met in closed session to deliberate the purchase exchange, or value
of real property, Section 551.072, Texas Government Code.
3. The City Council met in closed session to deliberate regarding commercial or
financial information received from a business prospect pursuant to economic
development negotiations, or financial or other incentives to a business prospect,
Section 551.087, Texas Government Code.
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L. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY,
ON ITEMS DISCUSSED IN EXECUTIVE SESSION.
Mayor Wright reconvened into open session at 5:59 p.m. to enter back into the work
session. No action was taken on executive session items.
M. ADJOURNMENT
Council Member Barrett moved to adjourn the meeting at 6:42 p.m., second by Council
Member Vaughn. Motion carried.
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Kathy Turner~City Secretary
APPROVED:
Mayor, Mark S. Wright