03.14.2002 CC Minutes2825
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING -MARCH 14, 2002
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the meeting to order at 7:47 p.m.
Members present: Mayor Wright, Councilmembers Clark, Barrett, Vaughn and Kovach.
Members absent: Councilmember Hoover
Staff present: Kathy Turner, Dave White, Mort Wetterling, Linda Royster, and legal counsel,
Wayne K. Olson.
Councilmember Barrett gave the invocation.
A. VISITOR/CITIZENS FORUM
No persons present registered to speak during this time.
B. REGULAR ITEMS
1. Approval of minutes: workshop and regular meeting dated February 14, 2002, and special
meeting dated February 28, 2002.
Councilmember Barrett moved to approve the minutes above as submitted, second by
Councilmember Clark. Motion carried with no opposition.
2. Consider approval of Ordinance No. 230, water and wastewater impact fee ordinance.
Councilmember Barrett moved to approve Ordinance No. 230 as presented, second by
Councilmember Kovach. Motion carried with no opposition.
3. Consider approval of Ordinance No. 232, prohibiting weapons in city owned buildings.
Councilmember Barrett moved to approve Ordinance No. 232, second by
Councilmember Kovach. Motion carried with no opposition.
4. Consider adjustment of charges to 1998 bond proceeds.
Councilmember Kovach moved to authorize aone-time payment in the amount of
$174,471.00 from water/sewer fund to adjust bond position, second by Councilmember
Barrett. Motion carried with no opposition.
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5. Consider approval of Resolution No. 144, participating in a steering committee for the
TXLT Gas rate proceedings and suspending the proposed tariff and schedule of rates of
TXU Gas Distribution Company.
Councilmember Clark moved to approve Resolution No. 144, second by Councilmember
Vaughn.
Councilmember Clark moved to amend his motion to approve Resolution No. 144, and
authorize Ted Rowe and/or Mark Wright to represent the City on the Steering
Committee, second by Councilmember Barrett.
Councilmember Clark moved to amend his amended motion to approve Resolution No.
144, and authorize the City Manager and/or Mayor to represent the City on the Steering
Committee, second by Councilmember Barrett. Motion carried with no opposition.
6. Consider approval of agreement with Tarrant County regarding development regulation
in our Extraterritorial Jurisdiction (ETJ).
Councilmember Clark moved to enter into a Interlocal Cooperation Agreement with
Tarrant County, and to direct the city attorney to prepare an Interlocal Cooperation
Agreement reflecting that Kennedale will control the city's extra territorial jurisdiction
and those areas that may be annexed outside the three year window as described.
Councilmember Kovach moved to second the motion and motion carried with no
opposition.
C. STAFF COMMENTS
1. City Manager Report
No comments from City Manager as he was absent from meeting.
2. Project Coordinator Report
Project Coordinator, Dave White advised that progress was continuing on Little School
Road with retaining wall going up with fence to follow within next 30 days, and that East
Sublett road was completed and striping of the road would commence soon.
Councilmember Clark requested that gravel be removed off the intersection of Little
School Road and West Sublett to help preserve the new roadway.
D. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements
Mayor Wright advised that the City of Kennedale ranked sixth in ranking of the
Community Development projects and received an additional $12,000 dollars.
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2. Council Reports/Announcements
Councilmember Barrett advised that First Assembly of God would host an Easter Egg
hunt on Saturday, March 30, 2002 at the corner of Little School Road and Sublett at 9
a.m. for all the children in Kennedale.
Councilmember Clark spoke of three Kennedale Police Officers who did an outstanding
job on a recent call and wished to commend all of the Kennedale Police officers for their
work.
Councilmember Vaughn also addressed a recent call and wished to commend all fire
personnel along with all police offers for their assistance on that call.
E. EXECUTIVE SESSION
Mayor Wright entered into executive session at 8:29 p.m.
1. 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 (1) 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; (2) legal issues regarding amortization of nonconforming uses; (3)
request for public information; and litigation, settlement offers, and/or claims.
a. Discussion on abatement issues.
b. County of Tarrant, Texas v. Jerry Coyel; Cause No. 348-185513-00
c. Wheeler Automotive v. City of Kennedale; Cause No. 342-187477 O1 (126-
01-01)
d. Apache Iron/Metal & Auto Salvage, Inc. v. City of Kennedale; Cause No.
348-187627 O1 (131-01-01)
e. Robert S. Mhoon v. City of Kennedale
f. Greg B. Gauntt v. City of Kennedale; Cause No. 96-17785-01
g. Police Chief
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 the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee,
Section 551.074, Texas Government Code.
a. Renewal of City Manager Contract
F. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON
ITEMS DISCUSSED IN EXECUTIVE SESSION.
Mayor Wright reconvened into open session at 9:05 p.m. with no action taken on executive
session.
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G. ADJOURNMENT
Councilmember Kovach moved to adjourn, second by Councilmember Barrett. Motion
carried. Meeting adjourned at 9:07 p.m.
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MINUTES OF
KENNEDALE CITY COUNCIL
WORKSHOP -MARCH 14, 2002
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the workshop to order at 7:05 p.m.
Members present: Mayor Wright, Councilmembers Clark, Barrett, Vaughn and Kovach.
Members absent: None
Staff present: Kathy Turner, Dave White, Mort Wetterling and legal counsel, Wayne K. Olson.
Also in attendance was Ms. Mickey Fishbeck with Rimrock Consulting and Mr. Jody Short with
Lee Engineering.
A. WORKSHOP
1. Discussion on proposed roadway impact fee.
Ms. Mickey Fishbeck provided Council with a handout regarding impact fees. She
advised that the Planning and Zoning Commission served as the Impact Fee Advisory
Committee and that a representative from the E.T.J. needed to be appointed to the
committee in order for the city to charge water and sewer impact fees in the E.T.J.
Ms. Fishbeck then addressed what impact fees are and how they are charged, and said
that impact fees have to be updated every 5 years. She also covered impact fee
eligibility, timing of fees, uses of fees, refunds, and administrative procedures including
technical requirements and fee calculation.
A question and answer period followed with questions relating to inventory list of roads
eligible for roadway fees, assessing water impact fees for citizens who do not live inside
the city limits, and county road impact fees. Council was advised that the inventory list
did not include all city streets; to assess water impact fees outside the city, the city
needed to draft a contract to include these provisions; and that the County could not
charge roadway impact fees inside a city limit.
Next, legal counsel addressed letter regarding proposed impact fee Ordinance No. 230.
He addressed Section 23-262 of the ordinance referring to the assessment of impact fees,
which provides that the assessment will take the place at one of two times, depending
upon when the property is platted.
Mr. Olson advised that the ordinance as drafted uses liberal interpretation of the statute
and utilizes the more favorable language to allow the city to assess the higher impact fee
after aone-year grace period. He said developers are not going to like this and may
challenge it, so Council needs to decide which route they want to go. If Council should
choose the conservative approach, then conservative language would need to be adopted
in Section 23-510, which assesses and collects impact fees based upon the fees that were
in effect at the time of final platting.
2. Discussion on any agenda item, if needed.
No action was taken on this item.
B. ADJOiJRNMENT
Mayor Wright adjourned the workshop at 7:40 p.m.
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