09.12.2002 CC Minutes2861
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING -SEPTEMBER 12, 2002
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the meeting to order at 7:34 p.m.
Members present: Mayor Wright, Councilmembers Clark, Cowan, Barrett and Vaughn.
Members absent: Councilmember Kovach.
Staff present: David Miller, Margaret Eichelberger, Li Jen Lee, Dan Dittfurth and legal counsel,
Wayne K. Olson.
Councilmember Barrett gave the invocation and the Pledge of Allegiance followed.
A. VISITOR/CITIZENS FORUM
No persons registered to speak.
B. REGULAR ITEMS
1. Approval of minutes: workshop dated July 30, 2002, workshop and regular meeting dated
August 8, 2002, and special meeting dated August 22, 2002.
Councilmember Barrett moved to approve the above minutes as submitted, second by
Councilmember Vaughn. Motion carried with no opposition.
2. Consider approval of Ordinance No. 237, adopting Fiscal Year 2002-2003 budget.
Councilmember Barrett moved to approve Ordinance No. 237 adopting Fiscal Year
budget 2002-2003, second by Councilmember Vaughn. Motion carried with no
opposition.
3. Consider approval of Economic Development Corporation budget for fiscal year 2002-
2003.
Councilmember Clark moved to approve the Economic Development Corporation budget
as submitted for fiscal year 2002-2003, second by Councilmember Cowan. Motion
carried with no opposition.
4. Consider approval of Ordinance No. 238, adopting 2002 Tax Rate.
Councilmember Barrett moved to approve Ordinance No. 238 adopting a 2002 Tax Rate
of $0.712500 per $100 of taxable value, second by Councilmember Clark. Barrett, Clark
and Cowan voted aye, with Vaughn voting against. Motion carried.
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Consider approval of Ordinance No. 239, an ordinance amending the 1997 Uniform
Building Code, as adopted by Ordinance No. 152, by revising Exhibit "A-1" to delete
Item #8 of Section 904.2.2 pertaining to fire sprinkler requirements for buildings.
Councilmember Barrett moved to approve Ordinance No. 239, second by
Councilmember Vaughn.
A brief question and answer session took place regarding sufficient fire suppression
coverage, Building Code, Fire Code and COG amendments, safety of fire fighters in
buildings without sprinklers, types of businesses that require sprinkler systems, insurance
coverage and whose responsibility it is to monitor fire sprinklers.
No other discussion, motion carried with no opposition.
6. Consider approval of Resolution No. 151, approving the City of Kennedale's Investment
Policy.
Councilmember Clark moved to approve Resolution No. 151 approving the City of
Kennedale's Investment Policy, second by Councilmember Barrett. Motion carried with
no opposition.
Consider approval of Resolution No. 152, authorizing the Acting City Manager to
execute an electric supply agreement pursuant to the contract to be signed by Cities
Aggregation Power Project, Inc.
Councilmember Clark moved to approve Resolution No. 152 authorizing the Acting City
Manager to execute an electric supply agreement pursuant to the contract to be signed by
Cities Aggregation Power Project, Inc., second by Councilmember Vaughn. Motion
carried with no opposition.
8. Consider approval of Contract No. 02-05, Interlocal Wastewater Contract with the City of
Arlington.
Councilmember Barrett moved to approve Contract No. 02-05, Interlocal Wastewater
Contract with the City of Arlington, second by Councilmember Cowan.
Concerns were addressed relating to the 30-year term limit of the contract, as well as the
10-year buy out of the contract. It was also noted that the address was wrong for the
City and that the City Manager Signature needed to be corrected.
Barrett, Cowan and Vaughn voted aye with Clark voting against. Motion carried.
9. Consider appointments to the Economic Development Corporation Board of Directors.
Councilmember Clark moved to re-appoint John Berry and Robert Mundy, and name Bill
Munn to the Economic Development Corporation Board of Directors with terms to expire
in 2004, second by Councilmember Barrett. Motion carried with no opposition.
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10. Discussion regarding garbage contract.
Mayor Wright advised that the current disposal contract expires in January 2003, and that
Council needed to provide direction to the City Manager as to what Council wants to do,
extend the contract or re-bid the process.
Mr. Norm Buliach with I.E.S.I. spoke briefly about the history of I.E.S.I. and said that
this company services 150 cities out of Texas and would provide excellent service for the
City, and hoped that the City would offer the bid process, which would afford them the
opportunity to bid disposal service to the City of Kennedale.
Mr. David Miller, Acting City Manager reminded Council that this issues was addressed
in June 2002, and Council expressed a desire to re-bid the disposal contract to include the
pick-up of household hazardous waste products.
It was the consensus of Council to direct the Acting City Manager to proceed with the bid
process.
C. STAFF COMMENTS
1. City Manager Report
Mr. Miller provided in the packet a City Manager's report and had no additional
comments during the meeting. He then introduced before Council Mr. Don Burns,
Director of Public Works and welcomed him to the City.
D. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements -Mayor Wright requested Mr. Miller research the costs
involved for spraying the City for the West Nile Virus.
2. Council Reports/Announcements - No announcements.
E. EXECUTIVE SESSION
Mayor Wright entered into executive session at 8:17 p.m.
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. 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. Greg B. Gauntt v. City of Kennedale; Cause No. 96-18895-01
d. Police Department issues.
e. County of Tarrant, Texas v. Jerry Coyel; Cause No. 348-185513-00
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f. Legal advice regarding city property located in floodplain.
g. Bond election issue.
F. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON
ITEMS DISCUSSED IN EXECUTIVE SESSION.
Mayor Wright reconvened into open session at 10:05 p.m.
Councilmember Vaughn moved to authorize settlement on the Greg B. Gauntt matter as
discussed in executive session, second by Councilmember Barrett. Motion carried with no
opposition.
G. ADJOURNMENT
Mayor Wright adjourned the meeting at 10:07 p.m.
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MINUTES OF
KENNEDALE CITY COUNCIL
WORKSHOP -SEPTEMBER 12, 2002
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the workshop to order at 7:03 p.m.
Members present: Mayor Wright, Councilmembers Clark, Cowan, and Barrett. Councilmember
Vaughn arrived at 7:10 p.m.
Members absent: Councilmember Kovach.
Staff present: David Miller, Margaret Eichelberger, Li Jen Lee and legal counsel, Wayne K.
Olson.
A. REGULAR ITEMS
1. Discussion on proposed budget for fiscal year 2002/2003.
Council entered into a discussion regarding the proposed budget for fiscal year
2002/2003. It was noted that the proposed budget presented was a balanced budget and
included absorbing the ambulance enterprise fund.
The Economic Development Corporation budget was addressed next, with Mr. Miller
explaining that the Economic Development Director salary is a contractual service and
reflects in special services, and an additional $50,000.00 was added under functional
grants to cover a portion of the cost for a new ambulance.
A brief discussion followed on what the proposed tax rate should be and whether or not a
tax increase was warranted.
2. Discussion on appointment to the Economic Development Corporation Board of
Directors.
Council briefly discussed appointees to the Economic Development Corporation Board of
Directors with action scheduled during the regular meeting.
B. ADJOURNMENT
~~~~.•~`~'~~~~~~b%i~~ght adjourned the workshop at 7:30 p.m.
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