04.08.2004 CC MinutesMINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -APRIL 8, 2004
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the meeting to order at 4:35 p.m.
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Members present: Mayor Wright, Council Members Mitchell, Barrett, and Vaughn. Council
Member Clark arrived at 4:40 p.m. and Council Member Kovach arrived at 4:50 p.m.
Members absent: None
Staff present: David Miller, City Manager; Kathy Turner, City Secretary; Li Jen Lee, Director of
Finance; and legal counsel, Wayne K. Olson.
I. WORK SESSION
A. DISCUSSION REGARDING THE FOLLOWING MATTERS:
1. Interview candidates for Building Board of Appeals.
A brief question and answer period took place with Mr. Todd Whatley and Mr. Lin
Eason who applied to serve on the Building Board of Appeals. It was also noted that
Bryan Cassady, who already serves on the Board of Adjustment, agreed to serve as
an alternate on the Building Board of Appeals.
2. Discussion on water improvements.
Council was briefed on past water usage, and a more cost-effective means on meeting
the City's water needs, which included drilling additional Pulaxy wells at current
ground storage locations. It was noted that there was no problem with the water
volume, the problem lies with the refilling of the tanks to meet demands, and by
drilling into the Pulaxy, this would supplement the storage tanks and will eliminate
the city's problem with peak days. It was requested that the wells be compatible in
parts to help save costs, and to review the city's insurance policy regarding two wells
on one site.
A special meeting was called for the following Tuesday with the city's bond counsel
to discuss the issue of Certificate of Obligations and water improvements.
3. Discussion on proposed sign ordinance.
Legal Council spoke about the proposed sign ordinance and said that is was basically
the same ordinance as what was written three years ago. He presented additional
restrictions regarding attached signs, which dealt with the effective area and the
width of the sign, and then addressed questions regarding the ordinance. A brief
discussion followed with the additional changes being recommended:
1. Delete Section 17.513 (3) d. from the ordinance; and
2. Amend Section 17.513 (a) (1) Governmental signs to include language for signs
depicting entryways into the City or the location of public facilities.
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4. Discussion regarding construction of new Library/Community Center.
Mr. Frank Callahan and Mr. Chuck Freeman with Callahan and Freeman were
present and provided a draft layout of a multi-use Library-Community Center
Building, which also reflected expansion possibilities.
5. Discussion on any other item on the agenda.
Mr. Wayne Winters addressed Council regarding outside city water use for 6892 and
6896 Hudson Village Creek, which is located in the City of Fort Worth's extra
territorial jurisdiction. He said minimum deed restrictions would be in place with
developer control on screening and fencing. In addition, Mr. Winters spoke about the
City's need for additional water storage and said that he would deed a site to the City
for this purpose during the platting and development phase with a reversionary
clause, just in case the City decided that they did not want to place a well on this site.
Mrs. Barbara Williams, Delinquent Tax Attorney with Linebarger Goggan Blair &
Sampson, L.L.P. spoke briefly about the additional collection penalty for delinquent
tax collections. Mrs. Williams informed Council that Tarrant County
Commissioner's Court had recently decided to increase the additional penalty since
H.B. 490 was approved. She said if Council approved, the additional penalty would
be paid by the delinquent tax payer, not the City, and it would require approval of a
resolution and an amendment to the current delinquent tax collection contract, which
is scheduled before Council tonight. Council had no questions for Mrs. Williams and
thanked her and the firm for their continuous hard work on behalf of the City.
B. RECESS WORK SESSION TO ENTER INTO REGULAR SESSION
Mayor Wright recessed the meeting at 5:55 p.m. to enter into regular session.
II. REGULAR SESSION
A. RECONVENE AND CALL REGULAR SESSION TO ORDER
Mayor Wright called regular session to order at 5:58 p.m.
B. EXECUTIVE SESSION
Mayor Wright recessed the meeting at 6:17 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; 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
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f. 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.
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 7:32 p.m. with no action taken on
executive session.
D. INVOCATION AND PLEDGE OF ALLEGIANCE
Council Member Barrett gave the invocation followed by the Pledge of Allegiance.
E. VISITOR/CITIZENS FORUM
Mrs. Fern McKinley of 716 W. Mansfield Highway, Kennedale, TX addressed Council
with concerns of building a new Library.
Mrs. Renee Cooper of 302 W. Mistletoe, Kennedale, TX addressed Council regarding a
public gathering to meet and greet proposed candidates for the upcoming election on
Saturday, April 10, 2004 at Liberty Church from 12 noon to 4 p.m.
Mr. Eric Elam of 349 Kennedale Sublett Rd., Kennedale, TX addressed Council
regarding drive approach entrances on Business 287 and communication between the
City and the citizens.
F. PUBLIC HEARINGS
1. To receive citizens' comments regarding Case #PZ04-O1, request to rezone Lots 9R1,
and 9R2, Block 1, Oliver Acres Addition from "AG" (Agriculture) to that of "R3"
(Single Family Residential), requested by property owners, Dennis Sundy and Dennis
Clapp.
No persons registered to speak for or against the proposed zone change.
2. To receive citizens' comments regarding Case #PZ04-02, city initiated rezoning of
Tract 31K1F, David Strickland Survey, Abstract 1376 from that of "AG"
(Agriculture) to "I" (Industrial)
No persons registered to speak for or against the proposed zone change.
3. To receive citizens' comments regarding a Re-Plat of Lot 1R1, Block 1, FWT, Inc.
Addition to Lots 1R1A and 1R1B, Block 1, FWT, Inc. Addition, requested by
property owner, Mr. Moore.
No persons registered to speak for or against the re-plat.
G. CONSENT AGENDA
1. Approval of minutes: regular meeting dated March 11, 2004.
2. Consider approval of Resolution No. 172, appointment of Alternate Presiding Judge.
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3. Consider approval of Resolution No. 173, authorizing the addition of a
collection penalty of Twenty Percent (20%) for delinquent taxes and amendment to
delinquent tax contract.
4. Consider approval of Resolution No. 174, opposing school finance or tax system
reforms.
5. Consider approval of Ordinance No. 272 to rezone Lots 9R1, and 9R2, Block 1,
Oliver Acres Addition to that of "R3" Single Family Residential.
6. Consider approval of Ordinance No. 273 to rezone Tract 31 K 1 F, Abstract 1376,
David Strickland Survey to that of "I" Industrial.
7. Consider approval of Re-plat for Lots 1R1A and 1R1B, Block 1, and FWT, INC.
Addition.
8. Consider approval of Resolution No. 175 authorizing participation in
TexasTERM/TexasDAII,Y Local Government Investment Pool and designating
authorized representatives.
9. Consider approval of Resolution No. 176 authorizing participation in Texas Short
Term Asset Reserve Program and approving application for participation in
TexSTAR.
10. Consider appointment to Building Board of Appeals.
Council Member Clark moved to approve consent agenda items one through 10,
second by Council Member Vaughn. Motion carried with all members voting in
favor.
H. REGULAR ITEMS
11. Consider approval of request by Don Davis Investments to supply city water service
to 6896 Hudson Village Creek.
Council Member Barrett moved to approve outside City water service to 6892 and
6896 Hudson Village Creek Road, second by Council Member Vaughn. Motion
carried with all members voting in favor.
12. Consider approval of Ordinance No. 267, regulation of signs.
Council Member Barrett moved to approve Ordinance No. 267, second by Council
Member Clark.
A discussion took place regarding changes made to the proposed ordinance with a
recommendation from legal counsel to list those changes.
Council Member Barrett moved to amend his motion to approve Ordinance No. 267
to include the following changes:
1. Amend Section 17.507 (c) Effective Area to add (5) and (6):
(5) The effective area of an attached sign shall not exceed twenty-five (25)
percent of the area of the wall (or canopy, marquee, etc.) on which the sign is
attached.
(6) The width of an attached sign shall not exceed seventy-five (75) percent of
the width of the wall (or canopy, marquee, etc.) on which the sign is attached.
2. Delete Section 17.513 (3) d. from the ordinance; and
3. Amend Section 17.513 (a) (1) Governmental signs to include language for signs
depicting entryways into the City or the location of public facilities.
Council Member Clark seconded the amended motion, and all members voted in
favor. Motion carried.
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I. STAFF REPORT/ANNOUNCEMENTS
1. City Manager Report
City Manager, David Miller spoke on the following:
1. Sub-standard installation of CDBG project -sewer line installation on Swiney
Hiett Rd.;
2. Reconstruction/re-alignment of Bowman Springs Rd.;
3. Completion of smoke testing throughout the city with report to follow to Council;
and
4. Certificate of Achievement for Financial Reporting Award issued by the
Governmental Finance Officers Association for outstanding financial reporting
by Li Jen Lee, Director of Finance.
J. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements - No reports or announcements.
2. Council Reports/Announcements
Council Member Barrett announced an Easter Egg Hunt scheduled for Saturday,
April 10, 2004 at 10:00 a.m., and said that there would be 15,000 eggs to hunt.
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K. ADJOURNMENT
Council Member Clark moved to adjourn the meeting at 7:36 p.m., second by Council
Member Mitchell. Motion carried.
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APPROVED:
ayor, Mark S. Wri
Kathy Turner, City Secretary