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12.12.2002 CC Minutes2874 i MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING -DECEMBER 12, 2002 405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG. COUNCIL, CHAMBERS Mayor Wright called the meeting to order at 7:35 p.m. Members present: Mayor Wright, Councilmembers Clark, Cowan, Barrett, Vaughn, and Kovach. Members absent: None Staff present: David Miller, Kathy Turner, 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 No persons registered to speak during this time. B. PUBLIC HEARINGS 1. To receive citizen's comments regarding an amendment to the existing electric franchise fees between the City and Oncor Electric Delivery Company. No persons registered to speak. 2. To receive citizen's comments regarding an amendment to the existing gas franchise fees between the City and TXU Gas Company. Robin Yarbrough, Town Manager with Oncor addressed Council. Mr. Yarbrough stated that Ordinance No. 244 needed a correction on page 4, Section G, which would change the date of payment from April 1 to June 1. No other comments were made. No other persons registered to speak. C. CONSENT AGENDA Councilmember Clark recommended removing items C-3, 4, and S from the consent agenda for discussion. i 1. Approval of minutes: workshop and regular meeting minutes dated November 14, 2002. 2. Consider approval of annual contract with Tarrant County Emergency Services District One. Councilmember Clark moved to approve consent agenda items one and two, second by Councilmember Vaughn. Motion carried unanimously. 2875 D. REGULAR ITEMS 3. Consider approval of settlement agreement with TXU. 4. Consider approval of Ordinance No. 243, amending existing electric franchise between the City and Oncor Electric Delivery Company. 5. Consider approval of Ordinance No. 244, amending the existing gas franchise between the City and TXU Gas Company, and to authorize the lease of facilities within the City's rights-of--way. A brief discussion took place with Councilmember Clark recommending the City Attorney discuss with TXU the impact of the provisions of the contract that relates to the waiver of taxes in lieu of franchise fees being paid, and if TXU was ever in the position to not pay franchise fees, he would like to see TXU pay the property taxes on the property that is subject of the franchise fee or easement. Mr. Clark would also like to see a provision regulating TXU from bundling whatever type services they want under the easement or under the franchise and paying whatever dollar they feel is appropriate. Councilmember Clark moved to table items 3, 4 and 5, second by Councilmember Barrett. Motion carried with no opposition. 6. Consider and award RFP for solid waste collection, disposal, and recycling services. Councilmember Kovach moved to award RFP to Duncan Disposal for afive-year period ending January 31, 2008, second by Councilmember Cowan. Motion carried unanimously. 7. Consider approval to purchase police vehicles. Councilmember Barrett moved to lease purchase two 2003 Ford Crown Victoria vehicles. Motion died due to lack of second. Councilmember Clark moved to purchase one 2003 Ford Crown Victoria for $19,975 from Philpott Motor Company, and to purchase one vehicle next year. Motion second by Councilmember Kovach. Councilmember Clark moved to amend his motion to include budget amendment for $1,275. Motion second by Councilmember Kovach with Clark, Kovach, Vaughn, Cowan voting aye, and Councilmember Barrett opposing. Motion carried. 8. Consider approval to purchase upgrades for police department computer software. Councilmember Barrett moved to purchase upgrades for police department computer software for $13,881 from Spillman Technologies. Motion second by Councilmember Kovach with all members voting in favor. 2876 E. STAFF COMMENTS 1. City Manager Report Mr. Miller addressed Council regarding Community Development Block Grant Funds. He said funds would be limited to One Hundred Twenty-Five Thousand ($125,000) to One Hundred Thirty-Five Thousand ($135,000), and recommended the monies be spent on water/sewer repairs. A public hearing will be scheduled at the January meeting with a list of project recommendations for Council to consider. F. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS 1. Mayor Report/Announcements Mayor Wright thanked Mayor Pro-Tem Kovach for filling in at the Christmas Tree Lighting. He also addressed the letting of the contract for the widening of Highway 287. 2. Council Reports/Announcements Councilmember Clark thanked City employees and businesses for their participation in the annual Christmas Tree Lighting, as well as thanked City Manager, David Miller for his participation in a memorial service for Tara Sawyer. G. EXECUTIVE SESSION Mayor Wright recessed the meeting at 8:03 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 (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. £ Legal advice regarding annexation. 2. The City Council met in closed session evaluation, reassignment, duties, discipline, Section 551.074, Texas Government Code. to deliberate the appointment, employment, or dismissal of a public officer or employee, a. City Manager b. City Secretary 2877 H. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION. Mayor Wright reconvened into open session at 10:00 p.m. with no action taken on executive session. I. ADJOURNMENT Councilmember Barrett moved to adjourn the meeting at 10:01 p.m., second by Councilmember Kovach. Motion carried. `, OF , ~~ N~~~. ;~,~ . ~: :.,,, . . ~ y :, ; v~ ~ Q: .. City Secretafy APPROVED: /• 9• zd03 Mayor, Mark S. Wri 2873 MINUTES OF KENNEDALE CITY COUNCIL WORKSHOP -DECEMBER 12, 2002 405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG. Mayor Wright called the workshop to order at 7:15 p.m. Members present: Mayor Wright, Councilmembers Clark, Cowan, Barrett, Vaughn and Kovach. Staff present: David Miller, Kathy Turner, Jim Rutledge, and legal counsel, Wayne K. Olson. A. REGULAR ITEMS 1. Pre Council Workshop to discuss any item posted on the agenda. City Manager, David Miller briefly reviewed regular items posted on the agenda prior to the regular meeting. B. ADJOURNMENT Mayor Wright adjourned workshop at 7:30 p.m. \, F KENO ` ~. ,.\~O-..... c~~ C j ° ~~'= *. *~ _.~ : ~ ~ •... ';~~ ''~~~1/IIIIl111 t\\\\\ ~: .mom' City ecreta APPROVED: ~ g- iZ0©-3 Mayor, Mark S. Wri