01.08.2004 CC Minutes2974
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -JANUARY 8, 2004
405 MUNICIPAL DR. - KENNEDALE MUNICIl'AL BLDG.
Mayor Wright called the meeting to order at 5:30 p.m.
Members present: Mayor Wright, Council Members Clark, Mitchell, Barrett, Vaughn, and
Kovach.
Members absent: None
Staff present: David Miller, City Manager; Margaret Eichelberger, Assistant to City Manager;
Kathy Turner, City Secretary, Li Jen Lee, Director of Finance; Don Burns, Director of Public
Works; Jim Rutledge, Police Chief; Dan Dittfurth, Fire Chief; and legal counsel, Wayne K.
Olson.
I. WORK SESSION
A. DISCUSSION REGARDING THE FOLLOWING MATTERS:
1. Water supply with City Engineer, Cheatham and Associates, Inc.
City Engineer, Eddie Cheatham spoke to Council regarding the 5-year Capital
Improvement Plan. He referred to the 2004-2009 CIP Program and recommended the
City run a 16" diameter water line from Pennsylvania Avenue to Highway 287 for an
emergency connection with the City of Arlington, and place a new well and storage
tank in the Swiney-Hiett area for a proposed 2.2 Million costs.
It was also noted that with the city's current growth, a new well would only get the
city by for another two to three years, and eventually the city would need to phase out
the wells and go to surface water.
2. Financing options with Bond Counsel, Boyd London.
Mr. Boyd London with First Southwest addressed Council regarding finance options
for long term projects. He spoke of Certificate of Obligations, which are general
obligation bonds that are issued without a vote, and are payable as a combination, tax
and revenue. Property tax can be levied to pay the bond, water/sewer revenues can
be used or a combination of both can be used.
Second option is to fund a project through water/sewer revenues, which are only
payable through those revenues. He noted that the City already had a SIB loan and a
portion of revenues were already dedicated for this type of bond, which would be
paid off in six to eight years.
It was suggested that a workshop be scheduled to review more accurate cost
estimates, which is to include the emergency connection, well and storage tank on
Swiney Hiett, and storage on Little School Road.
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In closing, Mr. London suggested that the city hire an outside consultant to do a
water/sewer rate study to ensure that each class of customer is paying what they need
to be paying in terms of costs to the system.
3. Banner signs.
Director of Public Works, Don Burns addressed Council with a request that he had
received regarding banner signs. Mr. Burns said that due to the construction,
business has dropped considerably, and business owners were requesting banners be
used longer than the code allowed to attract customers.
It was suggested to let those businesses in the Highway 287 Overlay that are affected
by the highway widening to place banners through December 2004, as long as the
banners met other existing codes.
4. Any other item on the agenda.
City Manager, David Miller addressed the proposed rate study and said the $15,000
fee would be paid from the utility fund. Director of Finance said monies were
available as replacement personnel would be hired at a lower cost, and it would not
adversely impact the budget.
David Mayes with Cheatham and Associates recommended that the 30"' Year
Community Development Block Grant be a continuation of the 29"' Year CDBG.
This would include the continuation of water line/fire hydrant installation in the Oak
Crest Addition with an estimated cost of $171,882. Funds available include 29`" Year
CDBG contingency of $26,882, City designated funds of $40,000, and projected
estimated cost of $105,000.
City Attorney, Wayne Olson addressed the Tarrant County Emergency Services
contract. He said that overall the contract was okay, however one issue needed to be
addressed. He suggested that both parties make a finding that a reciprocal operation
would be mutually beneficial and not detrimental to the district. Mr. Olson
recommended that when a motion was made to approve the contract that this
language be included in the motion.
City Manager, David Miller provided Council a review of Mr. Franks' financial
statement for the consideration of waiver to the impact fees. He addressed his
concerns with Council granting a waiver, as it would set precedence.
B. RECESS WORK SESSION TO ENTER INTO REGULAR SESSION
Mayor Wright recessed the work session at 6:38 p.m.
II. REGULAR SESSION
A. RECONVENE AND CALL REGULAR SESSION TO ORDER
Mayor Wright reconvened into regular session at 6:42 p.m. with all members present.
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B. EXECUTIVE SESSION
Mayor Wright recessed the meeting at 7:12 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 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 on any item
posted on the agenda and legal issues regarding amortization of nonconforming uses;
reconstruction of Dick Price Road; and litigation, settlement offers, and/or claims
regarding the following matters:
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. Wheeler's Motor Service v. Board of Adjustment; Cause No. 153-201934-03
f. Interlocal Agreement with City of Arlington.
g. Refund of Roadway Assessment Fee
C. RECONVENE INTO CITY COUNCIL CHAMBERS FOR REGULAR SESSION
AND CONSIDER ACTION, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE
SESSION.
Mayor Wright reconvened into open session at 8:44 p.m. with no action taken on
executive session items.
D. INVOCATION AND PLEDGE OF ALLEGIANCE
Council Member Barrett gave the invocation followed by the Pledge of Allegiance.
E. VISITOR/CITIZENS FORUM
No persons registered to speak.
F. PUBLIC HEARING
1. To receive citizens' comments regarding projects to be funded under the Community
Development Block Grant program. This grant program is generally limited to street,
drainage, water or sewer improvements within the approved target area for the
benefit of low to moderate-income neighborhoods. Projects will be identified for the
30"' Year CDBG with an estimated annual cost of $90,000 to $120,000.
No persons registered to speak.
G. CONSENT AGENDA
1. Approval of minutes: special meeting dated December 9, 2003, and regular meeting
dated December 11, 2003.
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2. Consider approval of Contract 04-01 with Tarrant County Emergency Services
District.
3. Consider approval to authorize Mayor to execute agreement with First Southwest
Asset Management, Inc. to perform arbitrage rebate services.
4. Consider approval to authorize Mayor to execute engagement letter to perform utility
rate study.
5. Consider selecting projects to be constructed and pledging funds for participating in
the 30~' Year Community Development Block Grant (CDBG) Project with Tarrant
County.
6. Consider approval to rent Senior Citizen Center to eligible Senior Citizens.
7. Consider assisting businesses in 287 Overlay District from Dick Price Road to Eden
Road with signage through December 2004.
Council Member Kovach requested items 2 and 4 be removed from consent agenda.
Council Member Vaughn moved to approve consent agenda items 1, 3, 5, 6 and 7,
second by Council member Kovach. Motion carried with all members voting in
favor.
H. REGULAR ITEMS
2. Consider approval of Contract 04-01 with Tarrant County Emergency Services
District.
Council Member Barrett moved to approve Contract 04-01 with Tarrant County
Emergency Services District and to make a finding that a reciprocal operation would
be mutually beneficial and not detrimental to the District. Council Member Kovach
second the motion with all members voting favor. Motion carried.
4. Consider approval to authorize Mayor to execute engagement letter to perform utility
rate study.
Council Member Barrett moved to authorize the Mayor to execute the engagement
letter with Carolyn Marshall to perform a utility rate study, second by Council
Member Kovach. Motion carried unanimously.
8. Consider action on Mr. Bill Franks request for waiver of impact fees.
Council Member Kovach moved to waive seventy-five percent (75%) of the impact
fees, second by Council Member Mitchell.
A brief discussion took place regarding the rational of granting aseventy-five percent
(75%) waiver, and whether proper procedures were followed when notifying
applicant of all fees due. It was noted that improvements had taken place to ensure
that all fees were implemented in future building packets.
All members voted in favor of the seventy-five percent (75%) waiver. Motion
carried.
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I. CITY MANAGER REPORT
City Manager, David Miller spoke on the following:
1. Government Finance Officers Association Certificate of Achievement for Excellence
in Financial Reporting awarded to Director of Finance, Li Jen Lee;
2. Re-certification from the Texas Municipal Clerks Certification Program to City
Secretary, Kathy Turner;
3. Administration providing van drivers for the Senior Citizens on field trips;
4. Christmas Tree drop off at City Park for recycling;
5. Fire Department delivered 113 Christmas gifts to area children through the Angel
Tree program;
6. Police Department adopted a family for Christmas through Oak Crest Church;
7. Thanked Council Member Vaughn and City Staff for their efforts in the annual
Christmas Tree Lighting ceremony;
8. Grants received for the Library, Police and Fire Departments exceeding $158,000;
and
9. Retirement party for Linda Royster scheduled for January 16, 2004 after 26.5 years
of service to the city.
10. Result of influx charge from the City of Arlington, the city is going to smoke test the
old portion of the system, which will result in a $21,000 charge, and monies are
available in this year's budget.
J. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements - No report/announcements.
2. Council Reports/Announcements
It was requested that start and estimated completion dates be noted on monthly
project report.
K. ADJOURNMENT
Council Member Clark moved to adjourn the meeting at 8:45 p.m., second by Council
~` ~me~nber Kovach. Motion carried.
~` = APPROVED:
~_~ /'~ ,vim
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:. ~' ~ ~ try
.,~' Mayor, Mark S. W ~ t
FY 0.
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Ka by Turner, City Secretary