03/14/1996, Regular Meeting Minutes2210
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MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING - MARCH 14, 1996
100 E. BROADWAY ST. - COMMUNITY CENTER
7:30 PM
Mayor Abbott called the meeting to order at 7:40 p.m.
Members present were Mayor Abbott, Councilmen Wright, Mundy, Barrett,
Boone and Kovach.
Staff present were Ted Rowe, Kathy Turner, Vicki Thompson, Linda
Royster, Michael Box, David Geeslin, and legal counsel, Wayne K. Olson.
ITEM NO. 1 - Approval of Minutes:
Public Hearing
Special Meeting
Pre Council WS
Public Hearing
Regular Meeting
Special Meeting
Pre Council WS
Special Meeting
- February 6, 1996
- February 6, 1996
- February 8, 1996
- February 8, 1996
- February 8, 1996
- February 13, 1996
- February 27, 1996
- February 27, 1996
Councilman Wright moved to approve the above minutes as they were
submitted, seconded by Councilman Boone. Motion carried unanimously.
Consent Agenda - Items 2 through 6 were placed under the Consent Agenda.
Mayor Abbott requested that Items 3, 5, and 6 be removed from the
agenda.
ITEM NO. 2 - Approval of Ordinance No. 96 - Annexation of Tract 32D,
David Strickland Survey, Abstract 1376.
ITEM NO. 3 - Approval of Ordinance No. 97 - Annexation of Tract 31C,
David Strickland Survey, Abstract 1376.
ITEM NO. 4 - Approval of Ordinance No. 98 - Authorizing Zoning Change
96-01 to "C2" General Commercial District.
ITEM NO. 5 - Approval of Ordinance No. 99 - Authorizing Zoning Change
96-02 to "C2" General Commercial District.
ITEM NO. 6 - Approval of Ordinance No. 100 - Authorizing Zoning
Change 96-03 to "C2" General Commercial District.
Councilman Mundy moved to approve items 2 and 4 as they were submitted
under the Consent Agenda; to remove item 3 to be considered separately;
and to table items 5 and 6, seconded by Councilman Barrett. Motion
carried with no opposition.
ITEM NO. 3 - Approval of Ordinance No. 97 - Annexation of Tract 31C,
David Strickland Survey, Abstract 1376.
Ms. Donna Easterling, Attorney representing Freeman Family Trust
requested that Showtime Cabaret be annexed as a legal non-conforming use
as a Sexual Oriented Business. Ms. Easterling wanted to make sure that
Council was aware of their situation coming into the city limits of
Kennedale.
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Councilman Wright questioned the zoning classification for Showtime
Cabaret. Legal Counsel, Wayne K. Olson stated that the city's zoning
ordinance allowed for a temporary zoning classification of "R1" Single
Family Residence which is binding and valid until there is a change to a
permanent zoning classification; and this application can be made by the
property owner or on the motion of the city. In addition, Mr. Olson
said Showtime Cabaret becomes a legal non-conforming use and they are
entitled to continue operating under the terms that are set forth in the
current zoning ordinance.
Councilman Mundy advised that all annexations fall under this guideline
and that there was nothing special about this particular case. Legal
Counsel advised that this case is being treated just like any other case
in the city.
Councilman Kovach questioned if any extra burden would be placed against
the police department with this annexation coming into the city. Chief
Geeslin replied that any annexation would impact the city and that he
was not aware of any undo amount of calls to this location.
Mr. Rowe replied that Mr. Freeman had energized the activity for
installing the sewer line and that the crew was about ready to start
digging. The sewer line to start serving that area should be installed
within the next two weeks.
Mr. Harry Freeman spoke of his business and stated that he was a
professional business operator with excellent business records and runs
a multi-million dollar business. In addition, Mr. Freeman stated that a
portion of the sales tax would be returned to the city, and that the
City of Kennedale's tax revenue would reflect an increase.
Councilman Wright moved to approve Ordinance No. 97 - Annexing Tract
31C, David Strickland Survey, Abstract 1376, seconded by Councilman
Mundy. Motion carried without opposition.
ITEM NO. 7 - Approval of Ordinance No. 101 - Authorizing Issuance of
Certificate of Obligations.
Mr. Jason Wilcox, representing First Southwest Advisors and Mr. Dan
Colvert, representing McCall & Parker who are Bond Counselors were
present.
Discussion ensued with Mr. Wilcox advising Council that the city had
received a Baal rating from Moody's Credit Rating which reflected a very
good financial situation considering that the City has not been on the
market for a long time.
In addition, Mr. Wilcox advised that the city was in good financial
control, had good investment policies in place, and does not carry a lot
of debt which in turn, reflects very good for the City because a lot of
cities the size of Kennedale do not have these advantages.
Next, Mr. Wilcox presented Council with a Summary of Sale for
Combination Tax and Revenue Certificates of Obligation, Series 1996 that
were sold on March 14, 1996 to Service Asset Management Company. This
summary included the Official Statement, Debt Service Schedule, Debt
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Service Schedule broken out with principal and interest for each
payment, and a Bond Buyer's Index reflecting current rates.
Councilman Kovach questioned if the bonds could be redeemed earlier than
their redemption period. Mr. Wilcox replied no that there was not an
early redemption period.
Councilman Boone made the motion to approve Ordinance No. 101
authorizing the issuance of Certificates of Obligations, seconded by
Councilman Barrett.
Councilman Kovach felt Council should consider cutting the amount
considered in the Obligations and look back to the water department for
funding the water improvements.
Councilmen Boone, Barrett and Mundy voted in favor with Councilmen
Wright and Kovach opposing. Motion carried.
ITEM NO. 8 - Approval of Resolution No. 45 - Authorizing
participation in the Southwest Metroplex Alliance.
Councilman Boone made a motion to approve Resolution No. 45, authorizing
participation in the Southwest Metroplex Alliance in the amount of
$250.00, seconded by Councilman Mundy. Motion carried unanimously.
ITEM NO. 9 - Discussion of contracting with individuals and
organizations.
This item was placed on the agenda as a discussion item between the city
councilmen. It was recommended that the councilmen visit with their
appointee on the Park Board and have the Park Board Members prepare
guidelines for the city to follow through with and enforce those
guidelines on future contracts.
No action was required on this item.
Mayor Abbott recessed the meeting at 8:30 p.m., reconvened into open
session at 8:39 p.m., and entered into executive session at 8:54 p.m.
ITEM NO. 13 - The City Council met in closed session to discuss advice
about pending or contemplated litigation, a settlement offer, or on a
matter in which the duty of the attorney to the City under the Texas
Disciplinary Rules of the Professional conduct of the State Bar of Texas
conflicts with the Texas Open Meetings Act, pursuant to Section 551.071,
Texas Government Code.
Mayor Abbott reconvened into open session at 9:52 p.m.
ITEM NO. 14 - Action on executive session if necessary.
There was no action taken on this item.
ITEM NO. 11 - Appointment of Building Board of Appeals members.
Councilman Barrett moved to appoint John Berry - Place 1, Bryan
Lankhorst - Place 2, Steve Hayes - Place 3, Jerry Miller - Place 4, and
Perry Hoover - Place 5 with odd placed expiring June 30, 1997 and even
year places expiring June 30, 1996, seconded by Councilman Kovach.
Motion carried with no opposition.
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ITEM NO. 15 - Appointment of alternate municipal court judges.
Councilman Kovach made a motion to appoint Don Lee, and Mark W. Sullivan
as alternate judges for terms that coincide with two year terms of the
Mayor, seconded by Councilman Wright. Motion carried unanimously.
ITEM NO. 10 - Presentation by Kennedale Chamber of Commerce, acceptance
of Economic Action Plan for Kennedale, and approval of
City Council obligations.
Mr. Rusty Evans, President of the Kennedale Chamber of Commerce, and Mr.
Ted Rowe, Chairman of the Chamber Economic Development Committee
presented an executive overview of the Economic Action Plan for
Kennedale which has been developed as a "map" for economic development
efforts on both long range and immediate action basis.
Councilman Kovach moved to accept the Economic Action Plan for Kennedale
and to offer support to further develop the concept of Economic
Development for the City of Kennedale, seconded by Councilman Boone.
Motion carried unanimously.
ITEM NO. 12 - General Discussion.
Councilman Barrett volunteered his help to the Chamber of Commerce in
any capacity that he may offer.
There being no further discussion, Mayor Abbott adjourned the meeting at
9:52 p.m.
APPROVED:
Mayor Bill Abbott
ATTEST:
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City Se etary