02.12.2004 CC Minutes2981
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -FEBRUARY 12, 2004
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the meeting to order at 4:32 p.m.
Members present: Mayor Wright, Council Members Clark, Mitchell, Barrett, and Kovach.
Council Member Vaughn arrived at 4:40 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 regarding water supply with City Engineer, Cheatham and Associates,
Inc.
Eddie Cheatham, City Engineer addressed Council regarding 2004 water
improvements for the City. He presented a probable cost for an emergency
connection to the City of Arlington, and a probable cost for a trinity well and ground
storage tank. Council then discussed the pros and cons of drilling an additional well
versus hooking into the City of Arlington's system, and future rationing of water.
It was recommended that a public forum be scheduled to receive citizen input
regarding the water needs of the city, and future financing options.
2. Discussion with City Auditors, Patillo, Brown & Hill, L.L.P., regarding Annual
Financial Statements and Independent Auditors' Report for Year Ended September
30, 2003.
Ms. Paula Spiegelhauer with Patillo, Brown & Hill, L.L.P. was present to review the
annual audit. She spoke about the letter of transmittal, GFOA Certificate awarded to
Li Jen Lee, Director of Finance, and financial statement letter that represents an
unqualified opinion, which is a clean opinion. She then addressed recommendations
to improve antifraud programs and controls, segregation of duties in the Municipal
Court, and reviewed prior year comments, which have been addressed or in the
process of being addressed. Council Member Barrett requested that future reports
reflect what the actual improvements made were so Council could see what took
place.
David Miller, City Manager commended the auditing firm and Li Jen Lee for their
hard work to see that the City stays in compliance.
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3. Any other item on the agenda.
Council briefly discussed the sign ordinance with a need to further study the
ordinance prior to adoption. Legal Counsel provided a copy of a letter issued to
Council back in May of 2001, which gave a general overview of Constitutional
considerations and concerns regarding the proposed ordinance. It was suggested that
a future workshop be scheduled to review the ordinance.
B. RECESS WORK SESSION TO ENTER INTO REGULAR SESSION
Mayor Wright recessed the work session at 5:37 p.m.
II. REGULAR SESSION
A. RECONVENE AND CALL REGULAR SESSION TO ORDER
Mayor Wright entered into regular session at 5:40 p.m. with all members present.
B. EXECUTIVE SESSION
Mayor Wright entered into executive session at 5:41 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; 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.
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 6:30 p.m. with no action taken on
executive session items.
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D. INVOCATION AND PLEDGE OF ALLEGIANCE
Council Member Barrett gave the invocation followed by the Pledge of Allegiance.
E. VISITOR/CITIZENS FORUM
Ms. Sandra Manning and Ms. Lisa Watley were present with the Tarrant County Health
Department Response Team, which houses within the Kennedale Police Department.
The Response Team is part of a group of people working together with the health
department to respond to bioterrorism and other public health threats. Both are available
for public speaking, education, first aid and CPR training, and disaster preparedness.
In closing, they announced that a Strategic National Stock Pile Orientation Workshop for
emergency planning would be held for all members of emergency management on
February 27, 2004 from 8:45 a.m. to 12 p.m.
F. PUBLIC HEARINGS
1. To receive citizens' comments regarding Zone Change Application 03-06. Petitioned
by MKP & Associates, Inc. to allow for a zone change for Tract 2, E.R. Mingus
Survey, A-1075 from that of "R-1" Single Family Residential (1/2 acre lot minimum)
to that of "R-3" Single Family Residential (8,750 square foot minimum lot size).
Mr. John Zimmerman, Engineer and Surveyor representing MKP & Associates was
present to address Zone Change Application 03-06. Mr. Zimmerman presented a
proposed 32-lot subdivision with a park dedication of three acres. He said the homes
would represent an old St. Louis Masonry style with cast stones, which would be
compatible with the surrounding neighborhood and project to sell for Two Hundred
Thousand Dollars ($200,000.00)
No other persons registered to speak for or against the proposed zone change.
2. To receive citizens' comments regarding a proposed ordinance adding Article VII to
Chapter 17 of the City's Comprehensive Zoning Ordinance for regulations of signs
within the City and its extraterritorial jurisdiction.
No persons registered to speak for or against the proposed ordinance.
3. To receive citizens' comments regarding a proposed ordinance establishing criteria
and regulations for the preservation of trees; providing for definitions; providing for
permit requirements; providing a review process; providing for tree protection and
replacement; providing for restrictions on pruning and planting of trees; and
providing enforcement procedures.
No persons registered to speak for or against the proposed ordinance.
4. To receive citizens' comments regarding a request to re-plat a portion of Lots 14 and
15, of C.A. Boaz Subdivision into Lots 14R1, 14R2, 14R3, 14R4 and 15R1, C. A.
Boaz Subdivision. Petitioned by Maxine A. Tyson, Property Owner.
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Two persons registered in favor of the re-plat: Ralph Shelton of 1308 Canterbury Ct.,
Arlington, TX 76013, and Robert Briscoe of 105 Groves St., Mansfield, TX 76063.
Mr. Briscoe of L.A. Homes said the re-plat consisted of five oversized lots and
custom homes would be built upon each consisting of approximately 1,400 square
feet, which is bigger than the requirement of 1,200.
5. To receive citizens' comments regarding a request to re-plat Lots 1 thru 10, Block 1,
Lots 7 thru 11, Block 2, Lots 1 thru 11, Block 6, Lots 1 thru 11, Block 7 and Lots 1
thru 5, Block 8 of Hilldale Addition to Lots 1R thru 14R, Block 1, and Lots 1R thru
29R, Block 8R, Hilldale Addition. Petitioned by Jeffrey Herron, Marilyn S. Bearden,
and Steven Minyard, Property Owners.
Three persons registered in favor of the replat: Sharon Powell of 811 Shady Bend
Dr., Kennedale, TX 76060; Chris Shioleno of 1022 Cross St., Kennedale, TX 76060;
and Jeff Herron of 5519 Manassac Dr., Kennedale, TX 76060.
Mr. Shioleno said that the homeowners of Shady Creek East are in favor of the re-
plat as long as the development is developed like the proposal submitted by the
developer, Mr. Herron.
Mr. Herron, developer of the subdivision was present to answer questions, and stated
that the homes would start in the price range of Two Hundred Fifty Thousand Dollars
($250,000.00).
6. To receive citizens' comments regarding an ordinance amending Article VIII of
Chapter 11 and Article VI of Chapter 17 of the Kennedale City Code (1991), as
amended, by amending provisions regarding the regulation and location of sexually
oriented businesses; and providing for the relocation of existing sexually oriented
businesses within a reasonable period of time. Proposed site locations are identified
as Lot 1, T.W. Moore Addition, and Tract 31K1F, David Strickland Survey, Abstract
1376.
Person in attendance who addressed Council in opposition to the proposed Sexually
Oriented Business sites: Pat Doescher, 5500 Mansfield Highway, Kennedale, TX.
Concerns expressed by Ms. Doescher included questioning Council on their
intentions of settling with Showtime Cabaret; leaving current establishments at their
current locations and using current city ordinances to force them to leave; and
listening to citizens request to leave establishments at current locations and not to
move them.
The following persons registered in opposition to the proposed sites, but did not
address Council: Dorothy Everett of 6575 Hudson Village Creek, Kennedale, TX.
The following persons registered to address Council regarding the relocation of the
Sexually Oriented Businesses: Jim Norwood of 813 Shady Creek, Kennedale, TX
76060 (Pastor of Oakcrest Family Church); Hollis Matthews of 1252 Elmbrook Dr.,
Kennedale, TX 76060 (for); and Marvin Raines of 600 Ruth Dr., Kennedale, TX
76060 (Pastor of Liberty Church) (for).
Concerns expressed by these individuals included the following:
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1. Keeping current establishments in close proximity to where they are currently
located versus spreading them throughout town to help policing efforts;
2. Continue to photo establishments hoping to force establishments out of the
community;
3. Enforcement of handicap laws by the City because establishments are in
violation of this law;
4. Recognition of hard work from Council dealing with the issues of the sexually
oriented businesses;
5. Moving establishments out of Oak Crest and keeping them out of the heart of the
City -least of all evil; fight establishments;
In addition, Jim Rutledge, Police Chief and his department were commended for their
policing efforts on the establishments to see that they abide by the law; and David
Miller, City Manager was commended for his efforts in working with the citizens to
further develop their understanding on the issues and ramifications surrounding the
sexually oriented businesses.
Next, Mayor Wright moved to regular items H 14.
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H. REGULAR ITEMS
14. Consider approval of Ordinance No. 269 amending Article VIII of Chapter 11 and
Article VI of Chapter 17 of the Kennedale City Code (1991), as amended, by
amending provisions regarding the regulation and location of sexually oriented
businesses; and providing for the relocation of existing sexually oriented businesses
within a reasonable period of time.
Council Member Clark moved to approve Ordinance No. 269, second by Council
Member Kovach. Motion carried unanimously with all members voting in favor.
Council Member Kovach departed after this action item, and Mayor Wright returned
to the Consent Agenda.
G. CONSENT AGENDA
1. Approval of minutes: regular meeting dated January 8, 2004, and special meeting
dated January 29, 2004.
2. Consider approval of Ordinance No. 266, Zone Change Application 03-06, Petitioned
by MKP & Associates, Inc.
3. Consider approval of Re-plat of Lots 14R1, 14R2, 14R3, 14R4, and 15R1, C.A. Boaz
Subdivision, Petitioned by Maxine A. Tyson.
4. Consider approval of Re-plat of Lots 1R thru 14R, Block 1, and Lots 1R thru 29R,
Block 8R, Hilldale Addition, Petitioned by Jeffrey Herron, Marilyn S. Bearden, and
Steven Minyard.
5. Consider approval of street light agreement with Oncor Electric Delivery Company.
6. Consider approval of Resolution No. 171, Calling for a General Election to be held
May 15, 2004.
7. Consider appointment of City Secretary as Records Management Officer.
8. Consider appointment to the Tarrant Regional Transportation Coalition.
9. Consider approval of Independent Auditor's Report for period ending 9/30/2003.
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10. Consider approval of Ordinance No. 270, placing a moratorium on oil and gas
drilling for 90 days.
11. Consider approval to renew depository services contract for one-year extension.
Council Member Clark moved to approve the consent agenda contingent upon adding
Mayor Mark Wright to Item 8, second by Council Member Barrett. Motion carried
with Clark, Barrett, Mitchell and Vaughn voting in favor.
H. REGULAR ITEMS
12. Consider approval of Ordinance No. 267, adding Article VII to Chapter 17 of the
City's Comprehensive Zoning Ordinance for regulations of signs within the City and
its extraterritorial jurisdiction.
Council Member Barrett moved to table Ordinance No. 267, second by Council
Member Mitchell. Motion carried with Barrett, Mitchell, Clark and Vaughn voting in
favor.
13. Consider approval of Ordinance No. 268, establishing criteria and regulations for the
preservation of trees; providing for definitions; providing for permit requirements;
providing a review process; providing for tree protection and replacement; providing
for restrictions on pruning and planting of trees; and providing enforcement
procedures.
Council Member Barrett moved to approve Ordinance No. 268, second by Council
Member Mitchell.
A brief discussion took place regarding the difficulty of monitoring and enforcement
of the proposed ordinance, future amendments to the ordinance, and tree
replacement. It was suggested that when a fairly large tree is removed that it be
replaced with a similar size tree versus a shrub.
Motion carried with Barrett, Mitchell, Clark and Vaughn voting in favor.
L MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements - No report/announcements.
2. Council Reports/Announcements
Council Member Clark requested Quiet Zone Rulings dealing with issues in
Kennedale for trains to determine whether or not the City has safe zones, as well as
issues of quietness.
Mayor Wright said the issue was to be addressed by the Regional Transportation
Council, and he has asked the City Manager to review the federal regulations and to
see what the State is going to be doing about this ruling as well. He said additional
information should be ready by the March meeting.
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J. ADJOURNMENT
Council Member Barrett moved to adjourn the meeting at 7:20 p.m., second by Council
Member Clark. Motion carried.
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APPROVED:
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Mayor, Mark S. Wrigh~