05.13.2004 CC Minutes2997
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -MAY 13, 2004
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the meeting to order at 4:30 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; Li
Jen Lee, Director of Finance; Jim Rutledge, Police Chief; and legal counsel, Wayne K. Olson.
I. WORK SESSION
A. DISCUSSION REGARDING THE FOLLOWING MATTERS:
1. Discussion regarding construction of new library.
City Manager, David Miller briefed Council on new figures received for building a
new library/community center. He recommended that the project be put together in a
bond package and go before the voters for consideration.
2. Discussion on water improvements.
City Engineer, Eddie Cheatham provided Council an update with four options
regarding the cost of drilling paluxy wells. The pros and cons were discussed for
each option with option three, drilling two paluxy wells being the best for the City.
Next, funding the two paluxy wells through a bond issue was discussed with a
notation that options two or three would not have an effect on the water/sewer rates.
3. Discussion on funding of capital improvement projects.
No discussion took place on this item.
4. Discussion on any other item on the agenda.
No discussion took place on this item.
B. RECESS WORK SESSION TO ENTER INTO REGULAR SESSION
Mayor Wright recessed the work session to enter into regular session at 5:11 p.m.
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II. REGULAR SESSION
A. RECONVENE AND CALL REGULAR SESSION TO ORDER
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Mayor Wright reconvened into regular session at 5:12 p.m.
B. EXECUTIVE SESSION
Mayor Wright recessed the meeting at 5:13 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
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 6:30 p.m.
D. INVOCATION AND PLEDGE OF ALLEGIANCE
City Manager, David Miller gave the invocation followed by the Pledge of Allegiance.
E. VISITOR/CITIZENS
Ms. Sheri Brewer of 511 N. Bowman Springs Rd., Kenendale, TX, addressed Council
regarding false accusations of pedophiles and child molesters residing at her place of
business, Sheri's Place located at 509 N. Bowman Springs Rd. She also said that her
business was not shut down, that it had recently been sold.
Mr. Lico Reyas, a LULAC, National Civil Rights member of the committee addressed
Council regarding civil rights violation in the following forms: voting, prior police
department prisoner mistreatment; and employee mistreatment. He also addressed
additional personnel issues and street signage repairs.
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Mr. Eric Elam of 349 Kennedale Sublett Rd., Kennedale, TX, registered to address
Council regarding a newspaper article in the Star-Telegram written by Robert
Cadwallader. Mayor Wright informed Mr. Elam that the article did not relate to city
business and Mr. Cadwallader was not present to address the issue; however, if there was
business before the Council he could speak.
F. PUBLIC HEARING
1. To receive citizens' comments regarding Case #PZ04-04, request to rezone Lot 9B,
Block 1, Oliver Acres Addition from "AG" (Agriculture) to that of "R3" (Single
Family Residential), requested by property owner, George Arias.
Ms. Dorothy Everett of 6575 Hudson Village Creek Rd., Kennedale, TX registered in
favor of the re-zoning case, but did not wish to address Council.
G. CONSENT AGENDA
1. Approval of minutes: regular meeting dated Apri18, 2004.
2. Consider approval of Ordinance No. 274 to rezone Lot 9B, Block 1, Oliver Acres
Addition to that of "R3" Single Family Residential.
3. Consider approval of Interlocal Agreement for rabies control.
4. Consider approval of Resolution No. 177 designating South Tarrant Star as official
newspaper and Fort Worth Star-Telegram as an alternate.
Council Member Clark moved to approve consent agenda items one through four,
second by Council Member Kovach. Motion carried with all members voting in
favor.
H. REGULAR ITEMS
5. Consider approval of funding capital improvement projects.
Council Member Clark moved to approve option three, which includes drilling two
paluxy wells, one at T2 and one at T4 sites with cost to be paid out of the water fund.
Motion second by Council Member Kovach with all members voting in favor.
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I. STAFF REPORT/ANNOUNCEMENTS
1. City Manager Report
City Manager, David Miller spoke on the following:
1. Repair of Swiney Hiett Road;
2. Reconstruction of Bowman Spring Road bridge with TxDOT; and
3. Joint road projects with Tarrant County, which includes Mansfield Cardinal
Road, Bowman Springs Road South (behind City Hall), Bowman Springs Road
North, Broadway Street and Sublett Road.
J. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements
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Mayor Wright announced that Council Member Kovach was leaving Council after 14
years of service, and it was a pleasure and honor to serve with him during this time.
He presented him with a certificate and plaque for his years of service to the City and
citizens of Kennedale.
2. Council Reports/Announcements
Council Member Kovach stated he had enjoyed the 14 years of service and has seen a
big improvement in the City. The City has direction, well-managed finances, and as
a citizen, he is glad to be a part of the City. The plans have been put in place for the
City over the years and have far exceeded the larger cities, and he is glad to be a part
of it. It hopes that it continues on because there is a good future for the city with
economic growth and potential. Best luck to everyone. Have a good Council and
work for the City.
K. ADJOURNMENT
Mayor Wright adjourned the meeting at 6:47 p.m.
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Kathy Turrfer, City Secretary
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