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03.11.2004 CC Minutes2988 MINUTES KENNEDALE CITY COUNCIL REGULAR MEETING -MARCH 11, 2004 405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG. Mayor Wright called the meeting to order at 4:35 p.m. Members present: Mayor Wright, Council Members Mitchell, Barrett, and Kovach. Council Member Vaughn arrived at 4:37 p.m., and Council Member Clark arrived at 4:45 p.m. 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; and legal counsel, Wayne K. Olson. I. WORK SESSION A. DISCUSSION REGARDING THE FOLLOWING MATTERS: 1. Discussion on water improvements. City Engineer, Eddie Cheatham addressed Council regarding proposed water improvements, which included a 16" diameter water line, new Trinity Well (T-5), upgrade pump station at T-1 Site, vulnerability assessment, T-1 Booster pump station, and rehabilitation and utilization of existing storage building with a probable cost. It was noted that various options were being reviewed versus tying into the Arlington system to offset the need to purchase water for four to five more years. Supply and demand of water was then discussed with the possibility of rationing water if there was a hot and dry summer. 2. Discussion on city property. A brief discussion took place regarding the current condition of the community center and the need to renovate the building. Several suggestions were made, which included renovating the building, leasing building to the future Chamber of Commerce of Kennedale, building a combination library/community center, and selling the building along with the old city hall and library and place the monies in a fund for future development. 3. Any other item on the agenda. Proposed changes to the decibel level and times of operation where recommended to the oil and gas well ordinance, as well as a recommendation to table consent agenda item four, appointment of an alternate presiding judge for the general election to be held May 15, 2004. 2989 4. Discussion on junk, trash, and debris within the city's extra territorial jurisdiction (ETJ). A short discussion took place regarding the regulation of debris outside the city limits. Legal Counsel advised that Home Rule cities do have the right to regulate nuisances within five thousand feet of their city limits as long as the debris is in the right-of--way and not on private property. It was recommended legal counsel draft an ordinance for Council review and action at the next regular city council meeting. 5. Discussion of joint City project with KISD. A suggestion was brought forth to Council regarding the possibility of building a joint community center/performing arts building with the school district. Concerns were addressed regarding location of the building, financing, and control of who operates the building. B. RECESS WORK SESSION TO ENTER INTO REGULAR SESSION Mayor Wright recessed the meeting at 5:45 p.m. to enter into regular session. II. REGULAR SESSION A. RECONVENE AND CALL REGULAR SESSION TO ORDER Mayor Wright reconvened into regular session at 5:47 p.m. B. EXECUTIVE SESSION Mayor Wright recessed the meeting to enter into executive session at 6:06 p.m. 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; regulation of sexually oriented businesses; 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 £ Interlocal Agreement with City of Arlington. g. Refund of Roadway Assessment Fee h. Discussion regarding settlement agreement with Showtime Cabaret. i. Contract dispute with J.L. Bertram. 1 1 2990 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 8:00 p.m. Council Member Clark moved to approve settlement agreement with Wheeler, second by Council Member Kovach. Motion carried with all members voting in favor. D. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Barrett gave the invocation followed by the Pledge of Allegiance. E. VISITOR/CITIZENS FORUM Mr. Charles Robeson of 213 Broadway St., Kennedale, TX addressed Council regarding the establishment of Showtime Cabaret. Mr. Robeson expressed his displeasure with Council regarding the new building and requested that Council protect the citizens of Kennedale and the future development of the City by eliminating these types of businesses. F. PUBLIC HEARINGS 1. To receive citizens' comments regarding a proposed ordinance regulating the development of oil and gas wells within the corporate limits. No persons registered to speak for or against the proposed ordinance. G. CONSENT AGENDA 1. Approval of minutes: regular meeting dated February 12, 2004. 2. Consider approval of Ordinance No. 271, regulating the development of oil and gas wells within the corporate limits. 3. Consider approval of Interlocal Agreement for Mutual Aid with the City of Forest Hill. 4. Consider approval of Resolution No. 172, appointment of Alternate Presiding Judge. Council Member Kovach requested item four be removed from consent agenda. Council Member Barrett moved to approve consent agenda items one through three, second by Council Member Kovach. Council Member Clark requested the following revisions to Ordinance No. 271: (1) Page 17, Line 5, Paragraph 4 -Change eighty (80) decibels to read seventy (70) decibels; (2) Page 17, Line 4, Paragraph 4 -Change eighty (80) decibels to read seventy (70) decibels; (3) Page 17, Add a new paragraph under section (4) to read: The noise level between 7:00 p.m. and 8:00 a.m. shall not exceed sixty (60) decibels at any point 2991 three hundred feet (300') from the boundary line of the drill site or operation site; and (4) Page 17, Change times in Paragraph 7 -Change from 7:00 a.m. to 6:00 p.m. only to read 8:00 a.m. to 7:00 p.m. only. Council Member Barrett amended his motion to include the above revisions. Amended motion with revisions was second by Council Member Kovach, and motion carried with all members voting in favor. A. REGULAR ITEMS 4. Consider approval of Resolution No. 172, appointment of Alternate Presiding Judge. Council Member Barrett moved to table this item, second by Council Member Kovach. Motion carried unanimously. 5. Consider approval of water improvements. No action was taken on this item. I. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS 1. Mayor Report/Announcements Mayor Wright reported on the FRA and quite zones, and recommended Council reviews the web site on this issue. 2. Council Reports/Announcements Council Member Kovach inquired about citations issued to Showtime and the enforcement of such. Council Member Barrett announced that an Easter Egg hunt would be held on Saturday, April 10, 2004 at the intersection of Sublett Road and Little School Road. Next, Mayor Wright recessed the meeting to enter into executive session at 6:06 p.m. J. ADJOURNMENT ,:~ OF KENN.1~yor Wright adjourned the meeting at 8:02 p.m. •. ~, ,. y - `~` '~~ *; ~ - =. ~ ° ~ ~' '•, .• ,a,,,, ~~, ~-, e~~~~:,. ~~--.~F,,,,,,,, Ci Secre APPROVED: ~: ~ ~ -r-~~ '^'`'S Mayor, Mark S. W ~gh~ !]