09.13.2001 CC Minutes2587
1
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING -SEPTEMBER 13, 2001
405 MUNICIPAL DR. -COUNCIL CHAMBERS
Mayor Wright called the meeting to order at 7:30 p.m.
Members present: Mayor Wright, Councilmembers Clark, Hoover, Barrett, and Kovach.
Members absent: Councilmember Kovach.
Staff present: Ted Rowe, Kathy Turner, LiJen Lee, Dave White, David Geeslin, Linda Royster,
and legal counsel, Wayne K. Olson.
Councilmember Barrett gave the invocation and then council proceeded with the Pledge of
Allegiance.
A. VISITOR/CITIZENS FORUM
No persons registered to speak during the forum.
B. CONSENT AGENDA
1. Approval of city council minutes: Workshop and regular meeting dated August 9, 2001,
special meeting dated August 14, 2001, workshop dated August 22, 2001, special
meeting dated August 28, 2001, and workshop dated August 30, 2001.
2. Approval of Ordinance No. 215 electing to decline coverage of the five-year vesting
provision for employees who are members of the Texas Municipal Retirement System.
3. Approval of Contract No. 01-03 to obtain forensic lab services for Police Department
through Forensic Consultant Services.
Councilmember Barrett moved to approve the consent agenda as presented, second by
Councilmember Clark. Motion carried.
C. REGULAR ITEMS
4. Consider approval of Resolution No. 133, Investment Policy.
Councilmember Clark moved to approve Resolution No. 133 Investment Policy with
amended page 3, second by Councilmember Hoover. Motion carried.
J
5. Consider approval of Contract 01-04, Liability in Law Enforcement Services with City of
Arlington.
Councilmember Clark moved to table Contract 01-04, second by Councilmember Barrett.
Motion carried.
2588
C. REGULAR ITEMS CONTINUED
6. Consider approval of Ordinance No. 222, increasing water and sewer rates.
Councilmember Hoover moved to approve Ordinance No. 222, second by
Councilmember Clark. Motion carried.
7. Consider approval of Resolution No. 134, authorizing Mayor or City Manager to sign an
electric supply agreement with winning bidder for electric load of Cities Aggregation
Power Project upon confirmation of economic benefit to the City.
Councilmember Barrett moved to approve Resolution No. 134 authorizing the Mayor and
City Manager the authority to sign electric supply agreement with winning bidder for
electric load of Cities Aggregation Power Project, second by Councilmember Clark.
Motion carried.
8. Consider approval of Unclaimed Property Administrative Policy.
Councilmember Hoover moved to approve unclaimed property administrative policy,
second by Councilmember Vaughn. Motion carried.
9. Approval of emergency repairs to North Road and budget amendment.
Councilmember Clark moved to approve emergency repairs to North Road as presented
by EDA Wilson, Inc., with funds to come from the bond proceeds in an amount not to
exceed $50,000.00, and a budget amendment to the 2000/2001 budget. Councilmember
Barrett moved to second the motion and all member voted in favor.
D. STAFF COMMENTS
1. City Manager Report
City Manager, Ted Rowe advised on the following matters:
1. Sales tax report exceeded 1 Million dollars; and
2. Letter from Ernst & Young relating to grants and loans (Chapter 380); and
3. Letter from Texas Department of Transportation approving SIB loan; and
4. North Texas Council invitation relating to United Way campaign; and
5. Invitation from Emerald Hills Funeral Home & Cemetery for a Memorial Service
scheduled for victims of Terrorist attack; and
6. Memo from Dave White, Project Coordinator regarding Shady Creek East fence
alternative.
2. Director of Finance Report
Director of Finance, LiJen Lee stated that the preliminary audit had been completed and
would resume in November.
2589
E. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor ReportlAnnouncements
Mayor Wright advised on the following matters:
1. Announced the Mayor's banquet is scheduled for December 3, 2001 at Texas Motor
Speedway; and
2. Reminded Council of the SMA meeting scheduled for September 17, 2001; and
3. Announced that ESI would make a presentation before Council in October regarding
the use of Dick Price Road; and
4. Addressed the need to appoint a liaison from Council to attend school board
meetings.
2. Council Reports/Announcements
Councilmember Vaughn questioned mutual aid response to the City of Forest Hill and
requested a breakdown from fire and ambulance responses.
F. EXECUTIVE SESSION
Mayor Wright entered into executive session at 8:28 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 and
(3) litigation, settlement offers, and/or claims.
a. Discussion on legal advice regarding Big Box ordinance.
b. Discussion on abatement issues.
c. County of Tarrant, Texas v. Jerry Coyel; Cause No. 348-185513-00
d. Wheeler Automotive v. City of Kennedale; Cause No. 342-187477 O 1 (126-
01-01)
e. Apache Iron/Metal & Auto Salvage, Inc. v. City of Kennedale; Cause No.
348-187627 01(131-01-01)
f. Robert S. Mhoon v. City of Kennedale
2. The City Council will meet in closed session to deliberate the purchase, exchange, or
value of real property, Section 551.072, Texas Government Code.
This item was not discussed in executive session.
3. The City Council will meet 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
This item was not discussed in executive session.
2590
G. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON
ITEMS DISCUSSED IN EXECUTIVE SESSION.
Mayor Wright reconvened into open session at 9:43 p.m. No action was taken on this item.
H. ADJOURNMENT
Councilmember Barrett moved to adjourn the meeting at 9:45 p.m., second by
Councilmember Hoover. Motion carried.
,~~~y OF KENNF~',
;' V~~ .• •.; 9~t~;w
*~
ems.
' *=
zv • ~=
9~9., .j..1. ~ ~t'
••...
~C ~~
City Secre ry
APPROVED:
Mayor, ark S. Wright
r~
I
-,
~~