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11.14.2002 CC Minutes2870 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING -NOVEMBER 14, 2002 405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG. COUNCIL CHAMBERS Mayor Wright called the meeting to order at 7:30 p.m. Members present: Mayor Wright, Councilmembers Clark, Cowan, Barrett and Kovach. Members absent: Councilmember Vaughn. Staff present: David Miller, Margaret Eichelberger, Don Burns, Jim Rutledge, Li Jen Lee and legal counsel, Wayne K. Olson. Councilmember Barrett gave the invocation followed by the pledge of allegiance. A. VISITOR/CITIZENS FORUM Mr. Lynn Harris of 920 Shady Bend Drive, Kennedale, Texas thanked city staff for cleaning the area adjacent to the Shady Creek East entrance. Mr. Frank Fernandez of 911 Shady Vale Drive, Kennedale, Texas thanked city staff for cleaning the area adjacent to the Shady Creek East entrance, and suggested installing a Welcome to Kennedale sign at this location and turning it into a park like entrance for the City. B. CONSENT AGENDA 1. Approval of minutes: regular meeting dated October 10, 2002. 2. Consider approval of Interlocal Agreement with City of Fort Worth for rabies control. 3. Consider approval of Ordinance No. 241, lowering speed limit on all streets located within Shady Creek Subdivision to 25 MPH and all streets located within subdivision of Shady Creek East including Harrison Drive to 20 MPH, and Averett Road. 4. Consider approval of Ordinance No. 242, amending Chapter 6, Article V, "Emergency Medical Services", of the Kennedale City Code (1992), as amended, by repealing the ambulance fund. 5. Consider approval of Resolution No. 154, utility account write-offs. 6. Consider approval to authorize Mayor to execute engagement letter for financial audit with Pattillo, Brown & Hill, L.L.P. for the year ended September 30, 2002 7. Consider approval of Resolution No. 155, authorizing an agreement with the Criminal Justice Department, Office of Justice Programs to accept the School Resource Officer Grant. Councilmember Clark moved to approve consent agenda items one through seven. Motion second by Councilmember Barrett with all members voting in favor. Motion carried. 2871 C. REGULAR ITEMS 8. Consider and award bids for Health, Dental, Life and AD and D insurance. Councilmember Barrett moved to award health insurance to Aetna HMO and PPO, dental insurance to PAID Dental, and Life and AD & D insurance to Trustmark. Motion second by Councilmember Cowan with all members voting in favor. Motion carried. Councilmember Barrett moved to appoint Gaylon Thompson as agent of record beginning December 1, 2002 through November 30, 2003. Motion second by Councilmember Kovach with all members voting in favor. Motion carried. D. STAFF COMMENTS 1. City Manager Report Mr. Miller's report was provided in the Council packet. He briefly addressed item 5 regarding the reconstruction of Dick Price Road, and item 7, the City's year end budget figures. E. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS 1. Mayor Report/Announcements Mayor Wright reminded Council of the upcoming Mayor's banquet scheduled for Monday, December 2 2002. 2. Council Reports/Announcements Councilmember Barrett thanked staff for the success of the Kidfish. F. EXECUTIVE SESSION Mayor Wright entered into executive session at 8:10 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. 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. Legal advice regarding city property located in floodplain. f Legal advice regarding annexation. 2872 2. 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. City Manager G. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION. Mayor Wright reconvened into open session at 10:37 p.m. Councilmember Clark moved to authorize City Manager to execute settlement agreement with H&A land Corporation, d/b/a Showtime Cabaret as discussed in executive session. Councilmember Kovach second the motion and all members voted in favor. Motion carried. Councilmember Barrett moved to appoint David Miller as City Manager, second by Councilmember Kovach. Motion carried unanimously. H. ADJOURNMENT Mayor Wright adjourned the meeting at 10:42 p.m. .~~ F KENIy ~. ,~ ~ ., .~, _V. '• i ik :~ y= ~ ., .~,~. .. ~'.`°: ;9' •~ ,~'~j~~~~"'USN; `;:.,~: City Secret ry APPROVED: /y2' ~2',~Oz i~v l v~ Mayor, Mark S. W ~ t CITY OF KENNEDALE 2869 MINUTES OF WORKSHOP -NOVEMBER 14, 2002 405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG. COUNCIL. CHAMBERS Mayor Wright called the workshop to order at 6:30 p.m. Members present: Mayor Wright, Councilmembers Cowan, Barrett and Kovach. Councilmember Clark arrived at 6:45 p.m. Members absent: Councilmember Vaughn. Staff present: David Miller, Margaret Eichelberger and Don Burns. Also present were Planning and Zoning Commissioners Johnson, Munn, Hunn, Seekins and Mathews. A. REGULAR ITEMS Joint workshop between City Council and the Planning and Zoning Commission to discuss subdivision regulations. i A brief discussion took place between the Planning and Zoning Commission and City Council regarding area of concerns with the City's current subdivision regulations. Some of the areas addressed included front entry garages, masonry chimneys, installation of sidewalks and sidewalk finish, accessory building size, roofing material, fence requirements for subdivisions, and conflicting issues between zoning classifications. It was suggested that City staff work closely with the Planning and Zoning Commission to analyze the City's current regulations and prepare recommended changes to go before the Commission and Council for final approval within the next three to four months. 2. Pre-Council workshop to discuss any item posted on the agenda. David Miller, Acting City Manager reviewed consent agenda items with Council prior to the regular meeting. B. ADJOURNMENT Mayor Wright adjourned the workshop at 7:27 p.m. ,, ``' KEN/y '``~, F F O p . ~. V . .:~ =*.' ~It :-.~' ' ~= .~ yQ,,,' . , ~ ~a~~`` ti ,,. City ecret APPROVED: /,2 ~.2° .'~-OD.~/ Mayor, Mark S. W ~ t