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12.09.2003 CC Minutes - Special2966 MINUTES OF KENNEDALE CITY COUNCIL SPECIAL MEETING -DECEMBER 9, 2003 405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG. COUNCIL CHAMBERS Mayor Wright called the meeting to order at 6:05 p.m. Members present: Mayor Wright, Council Members Mitchell, Barrett, Vaughn, and Kovach. Council Member Clark arrived at 6:15 p.m. Members absent: None Staff present: David Miller, City Manager; Margaret Eichelberger, Assistant to City Manager; Kathy Turner, City Secretary; Don Burns, Director of Public Works; Jim Rutledge, Police Chief; and legal counsel, Wayne K. Olson. A. WORKSHOP 1. Discussion on Water Impact Fees. A brief discussion took place with Bill Franks of 908 Harrison Dr., Kennedale, Texas regarding impact fees. Mr. Franks requested Council review the ordinance because he felt that it should not be directed at individual builders for building on a single lot, and as the ordinance is written, individual builders are looped together with developers. He suggested an amendment to separate the two, and also requested that when the Builders Packet was issued to anyone building, all fees be implemented in the packet to inform the person(s) up front what fees are required. Staff will review options available to better assist customers, and will provide additional information to Council regarding the definition of a development for Council to act upon at the January meeting. Mayor Wright entered into executive session pursuant to Section 551.071 of the Texas Government Code at 6:22 p.m. and reconvened into open session at 7:40 p.m., with no action taken on executive session items. 2. Discussion on water/sewer rates and Over 65/Disabled exemptions. Various rate scenarios were presented to Council, which reflected adjusted revenues and available funds. Council reviewed the various rates, addressed the needs of the City, and the reasoning behind the increase. Additional information was requested in regards to a $12.50 rate and a 50 percent senior discount. It was also noted that if Council chose to re-establish the over-65/disabled exemption, stipulations would be implemented to oversee the exemptions. 2967 3. Discussion on rental of city owned buildings. It was explained to Council that the Senior Citizen Council approached administration to lease out their building to senior center members. Criteria for rental have been established for memberships and charges. Leasing of the building would be limited to events related to senior members only. Council requested additional information on exposure liability and an action item be placed on the January meeting. B. 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 on 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 e. Wheeler's Motor Service v. Board of Adjustment; Cause No. 153-201934-03 f. Interlocal Agreement with City of Arlington. g. Refund of Roadway Assessment Fee C. RECONVENE INTO OPEN SESSION AND CONSIDER ACTION, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION. Mayor Wright reconvened into open session at 7:40 p.m. with no action taken on executive session items, and proceeded with the workshop, item A-2. D. ADJOURNMENT 1 V1{f Fl!11 ~:.r, y .~ Ck~' } ~ . ~~!ot; Wright adjourned the meeting at 8:17 p.m. a *~ r ~ *= :~! `~ •y, ., :~ ••d< t,.~. ,. ~~Illd: if 11111\1 Kat Turner City Secretary APPROVED: ..~ ~, ~~ ` May r, Mark S. ig t