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11/08/2001, Regular Meeting Minutes2799 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING -NOVEMBER 8, 2001 405 MUNICIPAL DRIVE -COUNCIL CHAMBERS Mayor Wright called the meeting to order at 7:30 p.m. Members present: Mayor Wright, Councilmembers Clark, Barrett and Vaughn. Members absent: Councilmembers Hoover and Kovach. Staff present: Ted Rowe, Kathy Turner, LiJen Lee, Dave White, David Geeslin, Mort Wetterling and legal counsel, Wayne K. Olson. Councilmember Barrett gave the invocation. A. PUBLIC HEARING To receive citizen input regarding a proposed Ordinance amending Article VIII of Chapter 11 of the Kennedale City Code (1991), as amended, by amending provisions regarding location of sexually oriented businesses and regarding nonconforming uses; and amending Article VI of Chapter 17 of the Kennedale City Code (1991), as amended, by amending provisions regarding amortization of nonconforming uses. No persons registered to speak for or against the proposed ordinance. B. VISITOR/CITIZENS FORUM Mr. Greg Morrison of 5309 Signal Peak, Arlington, Texas addressed Council regarding the position of Police Chief. Mr. Morrison recommended that Caption Doug Peters be appointed Police Chief as he was an outstanding citizen and supported the Kennedale community. C. CONSENT AGENDA 1. Approval of city council minutes: Regular meeting dated October 11, 2001. 2. Approval of Change Order #2 for the T-1 Replacement Ground Storage Tank Project. 3. Approval of electronics for elevated tank at T-3. 4. Approval of Ordinance No. 227, amending Chapter 3, "Animals," of the Code of Ordinances of the City of Kennedale. 5. Approval of Resolution No. 137 utility account write-offs. 6. Approval of Resolution No. 138 ambulance write-offs. 7. Approval of Contract 01-07 Tarrant County Emergency Services District. Councilmember Barrett moved to approve consent agenda items one through seven as presented, second by Councilmember Vaughn. Motion carried. 2800 D. 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 Aetna PPO Plan, award dental insurance to PAID Dental, and life insurance to Trustmark, and appoint Gaylon Thompson as agent of record beginning December 1, 2001 through November 30, 2001, second by Councilmember Clark. Motion carried. It was also suggested that Council re-bid insurance in six months for budgeting purpose. 9. Consider approval of State infrastructure Bank (SIB) Loan Agreement to cover costs of utility relocation of Business 287 widening project. Councilmember Clark moved to approve State Infrastructure Bank Loan Agreement as presented, second by Councilmember Barrett. Councilmembers Clark and Barrett voted aye, with Councilmember Vaughn opposing. Motion carried. 10. Consider approval of Ordinance No. 226 amending Article VIII of Chapter 11 of the Kennedale City Code, and amending Article VI of Chapter 17 of the Kennedale City Code. Councilmember Clark moved to approve Ordinance No. 226 contingent upon amending Section 1, (a) 3 on page 2 to include the language "a boundary of residential district including, but not limited to zoning classifications AG, R1, R2, R3, MF, MH, D, and OT", second by Councilmember Barrett. Motion carried. 11. Consider casting five votes collectively or separately for the Board of Tarrant Appraisal District. Councilmember Barrett moved to cast five votes collectively for Tommy Vaughn for Board of Tarrant Appraisal District, second by Councilmember Clark. Motion carried. E. STAFF COMMENTS 1. City Manager Report City Manager, Ted Rowe announced the resignation of Chief Geeslin and appointment of Captain Peters as acting Police Chief. Mr. Rowe replied that Chief Geeslin has done an outstanding job over the last 18 years for the city and it would be hard to think about the police department proceeding without him. In addition, Mr. Rowe indicated that he would be selecting a committee of Police Chiefs from surrounding cities to help select the next police chief. Council requested that the final three applicants be brought before council for review prior to appointment. 2801 2. Project Coordinator Report Project Coordinator, Dave White briefed Council on ongoing projects, which included the Shady Creek East fence replacement, reconstruction of Little School Road and Sublett intersection, and striping of city streets throughout the city. Councilmember Clark requested that Shady Creek East homeowners be given notice of monument selection prior to installment. F. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS 1. Mayor ReportlAnnouncements Mayor Wright reminded Council of the upcoming Mayor's Banquet December 3, 2001. 2. Council Reports/Announcements No reports/announcements from Councilmembers. G. EXECUTIVE SESSION Mayor Wright recessed the meeting at 8:33 p.m. to enter into executive session. 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 abatement issues. b. County of Tarrant, Texas v. Jerry Coyel; Cause No. 348-185513-00 d. Wheeler Automotive v. City of Kennedale; Cause No. 342-187477 O1 (126- 01-01) e. Apache Iron/Metal & Auto Salvage, Inc. v. City of Kennedale; Cause No. 348-187627 O1 (131-01-01) f. Robert S. Mhoon v. City of Kennedale g. Greg B. Gauntt v. City of Kennedale h. Discussion on warrant services. 2. 'The City Council met in closed session to deliberate the purchase, exchange, or value of real property, Section 551.072, Texas Government Code. H. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION. Mayor Wright reconvened into open session at 8:46 p.m. with no action necessary on executive session items. 2802 I. ADJOURNMENT Councilmember Barrett moved to adjourn the meeting at 8:46 p.m., second by Councilmember Clark. Motion carried. ,~~1tl/l llttii~l. .~F KENN ~ APPROVED: .~ ~- . F '~ .~...... ~: :~-: ~ ~ • ~, *' =~ ' ay ,Mark S. Wrig -r- ' V) • ;~ . ~ ' Q' s :~~ SST: ....•• ''%~nn~ ~'r`~ City 1 2798 MINUTES OF KENNEDALE CITY COUNCIL WORKSHOP -NOVEMBER 8, 2001 405 MUNICIPAL DR. -PRE COUNCIL CHAMBER Mayor Wright called the workshop to order at 7:00 p.m. Members present: Mayor Wright, Councilmembers Clark, Barrett and Vaughn. Members absent: Councilmembers Hoover and Kovach. Staff present: Ted Rowe, Kathy Turner, Dave White, Mort Wetterling, and legal counsel, Wayne K. Olson. A. WORKSHOP 1. Discussion on Ordinance No. 226 amending Article VIII of Chapter 11 of the Kennedale City Code, and amending Article VI of Chapter 17 of the Kennedale City Code. A revised ordinance was presented before council members, which included the Planning and Zoning Commissioner's recommendations for location of sexually oriented businesses. Legal Counsel, Wayne Olson spoke about the revisions and stated that the ordinance makes amendments to the sexually oriented business regulations and the amortization provisions in the City Code. A brief discussion followed with a recommendation to include the following zoning districts in the definition of residential district: AG, R1, R2, R3, MH, MF, D, OT and single family planned development districts as well. 2. Discussion on the naming of the City Park. Mayor Wright briefed Council on the Park Board recommendation to name the City Park. It was recommended that this item be placed on a future workshop and be presented with a recommendation from the Park Board. B. ADJOURNMENT Mayor Wright adjourned the workshop at 7:27 p.m. ,~~''~ OF KEN ~''~-,, ........ -y N ~~'~ '•• :Oy': * ~: ;•~ =-i' ~*= :y s~-p ~ ..~ Qy' ~~• .• =~% `~7` FIST' •'' '`" ,'~ ~''~~. COUAfN',~,~'' City Secret APPROVED: Mayor, Mark S. Wri