06.10.2004 CC Minutes3003
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -JUNE 10, 2004
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Norwood called the meeting to order at 4:05 p.m.
Members present: Mayor Norwood, Council Members Clark, Mitchell, Green, and Nowell.
Members absent: Council Member Barrett.
Staff present: David Miller, City Manager; Margaret Eichelberger, Assistant to City Manager;
Kathy Turner, City Secretary; Li Jen Lee, Director of Finance; Glynn Greenwood, Street
Supervisor, and legal counsel, April Vernig.
I. WORK SESSION
A. DISCUSSION REGARDING THE FOLLOWING MATTERS:
1. Discussion on water/sewer rate study.
Ms. Carolyn M. Marshall, CPA made a presentation regarding water and wastewater
cost of service study, which reflects the methodology that was used to gather the
information. Ms. Marshall said that the hard numbers would come from the budget
process and a model was included to help determine what the city's water and sewer
rates should be. She then addressed the objectives, revenue requirements,
allocations, and rate design.
2. Discussion on city owned property.
City Manager, David Miller briefed Council with options available for three City
owned buildings: old city hall, library and the community center. He spoke of
renovation and the American Disability Act (ADA) compliance issues regarding the
community center, bond package to build a combined library/community center
facility, as well as Community Development Block Grants funds to offset funding a
community center, and the need to sell old city hall with the monies being placed in
an escrow account to fund a new building.
3. Discussion on street projects for next fiscal year.
Glynn Greenwood, Street Supervisor addressed Council regarding proposed joint
street projects with Tarrant County for the upcoming 2004-2005 budget year. He
spoke about seal-coat (overlay) of existing streets, that included Sublett Road West,
Bowman Springs South, Pennsylvania Avenue and Shady Creek to be completed by
the street department. He then addressed complete reconstruction of roads by Tarrant
County, which included Bowman Springs South, Sublett Road West, and Broadway
and New Hope Road.
City Manager, David Miller said that the seal-coat list would be covered under the
city's budget in street maintenance; however projects listed under Capital
3004
Improvements, which are reconstruction streets to be completed by Tarrant County
would need to be identified and a contract would be required for completion.
4. Discussion on Paluxy wells.
No discussion took place on this item.
5. Discussion on board appointments/re-appointments.
A discussion took place regarding the appointmendre-appointments to the various
boards with it being suggested that alternates should be moved up to fill regular
positions due to training, and it was also recommended that citizens serve only on
one board.
6. Discussion on any other item on the agenda.
City Manager, David Miller recommended removing consent agenda item four.
A brief discussion took place regarding the renaming of Mansfield Highway with
concerns regarding the costs associated for businesses in regards to letterhead,
signage, yellow pages, business cards, etc. It was noted that the name change had
been advertised and that several of the business owners had been contacted and that
they did not foresee a problem with the name change.
B. CLOSE WORK SESSION TO ADJOURN INTO EXECUTIVE SESSION.
Mayor Norwood closed the work session to enter into executive session at 5:48 p.m.
II. 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
III. RECONVENE INTO CITY COUNCIL CHAMBERS FOR REGULAR SESSION
AND CONSIDER ACTION, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE
SESSION.
3005
Mayor Norwood reconvened into open session at 7:05 p.m. with no action taken on
executive session.
A. INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor, Brian Eason with First Baptist Church of Kennedale gave the Invocation and
Vallen Thomas, Tenderfoot with Boy Scout Troop 235 lead the Pledge of Allegiance.
B. PRESENTATION AND RECOGNITION
1. Mayor Norwood will present plaques to K.I.S.D. Teacher of the Year.
Mayor Norwood presented plaques to Gina Stevens, Elementary Teacher of the
Year, and Ruth Worley, Secondary teacher of the Year.
2. Mayor Norwood will present plaques to K.I.S.D. Valedictorian and Salutatorian.
Mayor Norwood presented a plaque to Camellie Southard, Kennedale High School
Valedictorian. A plaque will also be presented to Jennifer Dugger, Kennedale High
School Salutatorian, who was not present.
C. PUBLIC HEARING
1. To receive citizens' comments regarding Case #PZ04-O5, request to rezone Lot 1,
Block 2, Crestdale Addition from "C-1" (Restricted Commercial) to that of "R3"
(Single Family Residential), requested by property owner, Tony Cross.
No persons registered to speak for or against zone change request.
D. CONSENT AGENDA
1. Approval of minutes: regular meeting dated May 13, 2004, and special meeting
dated May 24, 2004.
2. Consider approval of Resolution 179, providing for financial management policies.
3. Consider approval of Ordinance No. 275 to rezone Lot 1, Block 2, Crestdale
Addition to that of "R3" Single Family Residential.
4. Consider approval of TXU agreement.
5. Consider approval of request from Park Board to expend funds for survey for
Pavilion at Sonora Park.
David Miller, City Manager recommended removing item 4 from consent agenda.
Council Member Mitchell moved to approve consent agenda items 1, 2, 3, and 5,
second by Council Member Nowell. Motion carried with Council Members
Mitchell, Nowell, Clark, and Green voting in favor.
E. REGULAR ITEMS
6. Consider appointments/re-appointments to various city commission boards.
3006
Council Member Mitchell made a motion to re-appointment Charles Gray to the
Board of Adjustment with a term to expire in 2006, second by Council Member
Green. Motion carried.
Council Member Mitchell made a motion to appoint Rick Adams to replace John
Berry on the Board of Adjustment, second by Council Member Nowell. Council
Members Mitchell, Nowell and Green voted aye, with Council Member Clark
voting nay. Motion carried.
Council Member Mitchell made a motion to appoint Don Mode to replace Steve
Hayes on the Board of Adjustment, second by Council Member Green. Council
Members Mitchell, Green, and Nowell voted aye, with Council Member Clark
voting nay. Motion carried.
Council Member Mitchell made a motion to appoint Tom Collins as an alternate
to the Board of Adjustment, second by Council Member Nowell. Motion carried.
Council Member Mitchell made a motion to re-appoint Brian Johnson to the
Planning and Zoning Commission, second by Council Member Clark. Motion
carried.
Council Member Mitchell made a motion to re-appoint Bryan Lankhorst to the
Planning and Zoning Commission, second by Council Member Clark. Motion
carried.
Council Member Mitchell made a motion to move Jerry Miller from alternate
position to a regular member on the Planning and Zoning Commission, second
by Council Member Green.
Council Member Mitchell moved to amend his motion to move Jerry Miller from
an alternate position to fill Brian Seekins position on the Planning and Zoning
Commission, second by Council Member Green.
Kathy Turner, City Secretary advised Council that Mr. Miller had not been
appointed to the Planning and Zoning Commission and that a motion would be
required to appoint him to the Commission.
Council Member Mitchell withdrew his amended motion, second by Council
Member Green.
Council Member Clark moved to move Beverly Hayes from an alternate to fill
Brian Seekins position on the Planning and Zoning Commission. Motion failed
due to lack of second.
Council Member Mitchell moved to appoint Jeff Albro to the Planning and
Zoning Commission to fill Brian Seekins position, second by Council member
Nowell.
A brief discussion took place regarding Mr. Miller's application for the Planning
and Zoning Commission. It was noted that Commissioner Johnson requested
3007
Council to consider Mr. Miller's appointment to the Planning and Zoning
Commission.
Council Member Mitchell withdrew his motion, second by Council Member
Nowell.
Council Member Mitchell then made a motion to appoint Jerry Miller to the
Planning and Zoning Commission to fill Brian Seekins position, second by
Council Member Clark. Motion carried.
Council Member Mitchell moved to appoint Jeff Albro to fill alternate position of
Beverly Hayes on the Planning and Zoning Commission, second by Council
Member Green. Motion carried.
Council Member Mitchell moved to re-appoint Todd Whatley to the Building
Board of Appeals, second by Council Member Clark. Motion carried.
Council Member Mitchell moved to move Lin Eason from alternate position to a
regular position on the Building Board of Appeals. Council Member Mitchell
amended his motion to move Lin Eason from alternate position to replace Bill
Munn as a regular member on the Building Board of Appeals, second by Council
Member Nowell. Council Members Mitchell, Nowell, and Green voted in favor,
with Council Member Clark voting against. Motion carried.
Council Member Mitchell moved to appoint Billy Simpson as an alternate on the
Building Board of Appeals, second by Council Member Green. Council
Members Mitchell, Green, and Nowell voted in favor, with Council Member
Clark voting nay. Motion carried.
Council Member Clark moved to re-appoint Beverly Hayes as an alternate on the
Planning and Zoning Commission, second by Council Member Mitchell. Motion
carried.
Council Member Clark moved to appoint Charles Overstreet as an alternate on
the Board of Adjustment with a term to expire in 2005, second by Council
Member Mitchell. Motion carried.
7. Consider approval of Ordinance No. 276 renaming Mansfield Highway.
Council Member Mitchell moved to approve Ordinance No. 276, second by
Council Member Nowell.
Council Member Clark noted that concerns should be expressed for those
businesses who experience costs incurred with the name change regarding
replacing signs, letterhead, business cards, yellow pages, etc., as the City was
creating the expense.
Council Member Nowell said that he had spoken with some businesses and that
they have requested aone-year extension to make all changes associated with the
name change. Mayor Norwood replied that the Council could not dictate to the
businesses as to when the changes took place.
3008
Motion carried with Mitchell, Nowell, Clark, and Green voting in favor.
F. VISITOR/CITIZENS FORUM
Mr. Robert Williams of 1008 Oak Ridge Court, Kennedale, Texas addressed Council
regarding the increase of property taxes over the past 15 years. He recommended
Council look at ways to reduce the property tax.
Mrs. Margie Lowery of 301 W. Broadway Street, Kennedale, Texas addressed Council
regarding placing a moratorium on residential building.
G. STAFF REPORT/ANNOUNCEMENTS
1. City Manager Report
City Manager, David Miller reported on the recent fire at the Kennedale Junior
High School and commended the Kennedale Fire and Police Department, as well as
other departments that responded for their hard work.
A. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements - No report or announcement.
2. Council Reports/Announcements - No report or announcement.
I. ADJOURNMENT
Council Member Green motioned to adjourn the meeting at 7:40 p.m., second by Council
Member Mitchell. Motion carried.
ROVED:
~~ ; *' ayor, Jim No ood
~ : cra
;.;_° .~~
.^`~
.E G ,,,..
Ka y Turn ,City Secretary
c
=r