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07.08.2004 CC Minutes3011 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING -JULY 8, 2004 405 MUNICIl'AL DR. - KENNEDALE MUNICIPAL BLDG. Mayor Norwood called the meeting to order at 4:00 p.m. Members present: Mayor Norwood, Council Members Clark, Mitchell, Barrett, Green, and Nowell. 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; Jim Rutledge, Police Chief; Chad Grafton, Water Supervisor, and, Scott Epperson, and Steven Apala, Fire Lieutenants; Terrie Owens, Administrative Secretary to Fire Deparhnent; and Wayne K. Olson, Legal Counsel. I. WORK SESSION A. DISCUSSION REGARDING THE FOLLOWING MATTERS: 1. Presentation from MMI regarding Citizen Relationship Management System. Richard Hill, Vice President and Paul Nichols, CIO with MMI Internetworking gave a presentation regarding Citizen Relationship Management Program. Mr. Hill said that the program is designed to facilitate the interaction of local governments and agencies with the people they serve. The process streamlines the handling of citizen concerns, requests, suggestions, and complaints. Calls are automatically categorized and routed, improving response time and accountability with built-in issue management engine for tracking. This ensures that nothing falls through the system. All information is readily accessible by staff and elected officials, and reports are available for immediate viewing. Mayor Norwood recessed the work session at 4:40 p.m. and reconvened at 4:51 p.m. 2. Joint workshop with Planning and Zoning Commission. City Council met with Planning and Zoning Commissioners, Brian Johnson, Chairman, Bryan Lankhorst, Vice-Chairman, Hollis Mathews, and Bill Munn. Discussion took place with the need to review surrounding cities policies regarding platting and development procedures. It was also noted that additional background material was needed to allow the commission to make a more informed decision, and additional time was requested to review the material prior to a case, as well as an update on minor plats reviewed by City Staff. 3. Discussion on any other item on the agenda. David Miller, City Manager briefed Council on the repair of Trinity Well #2 and the emergency need to replace the motor in Paluxy Well #2. He said he needed approval . from Council because the cost would exceed what was budgeted. He also addressed the need for a cost analysis to hook onto the City of Arlington water system. B. CLOSE WORK SESSION TO ADJOURN INTO EXECUTIVE SESSION. 3012 Mayor Norwood closed the work session and entered into executive session at 6:32 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. Mayor Norwood reconvened into open session at 7:02 p.m. to proceed with regular session. After regular session, Mayor Norwood re-entered into executive session at 7:42 p.m., and reconvened into open session at 9:07 p.m. with no action taken on executive session items. A. INVOCATION AND PLEDGE OF ALLEGIANCE Mr. Bob Beeman, Pastor of First United Methodist Church of Kennedale gave the invocation. Girl Scout Troop 35391ed the Pledge of Allegiance. B. CONSENT AGENDA 1. Approval of minutes: regular meeting dated June 10, 2004, and emergency meeting dated June 25, 2004. 2. Consider approval of using remaining balance of water impact fee collection based on impact fee study and amendments prior to March 2002 for portion of 1998 CO bond debt service. 3. Consider approval of Contract 04-OS with Tarrant County Tax Assessor/Collector for the assessment/collection of Ad Valorem Tax Collections for 2004 tax year. Council Member Barrett moved to approve consent agenda items as submitted, second by Council Member Green. Motion carried unanimously. 3013 C. REGULAR ITEMS 4. Consider approval for expenditure of funds for the repair of Trinity Well #2. Council Member Barrett moved to approve expenditure of $107,525 for the repair of the wells. Council Member Barrett withdrew his motion. Council Member Clark moved to fund repair of Trinity and P-2 Wells as both are an emergency, and allocate the sum of One Hundred Twelve Thousand Five Hundred Twenty Five Dollars ($112,525.00) to make emergency repairs. Funds are to be moved from previously authorized costs or charges allocated to drill the additional Paluxy Well, and authorize move of monies from well funds to this process due to emergency. Motion second by Council Member Barrett. Motion carried unanimously. 5. Consider approval of expansion of Bowman Springs Road. David Miller, City Manager briefed Council on the realignment of Bowman Springs Road and stated that it was in line with the Master Thoroughfare Plan. He said the project is joint project with the City of Arlington, but Kennedale is responsible for the right-of--way acquisition, which was not included in the original cost, and once include could bring the cost to approximately Seven Hundred Fifty Thousand Dollars ($750,000.00). In addition, Mr. Miller said the property owner is asking a price for the right-of--way that is not feasible to the City, and also wants the City to purchase the land on the other side of the roadway once realigned, as he feels that the property will be useless. He also advised that TXDOT has indicated that if either City does not proceed with the project, they will re-build the bridge at its existing location and clear the project from their books. Council advised Mr. Miller to proceed with additional information regarding the right-of--way purchase. 6. Consider approval of agreement with Tarrant County for the reconstruction of Swiney Hiett Road. Council Member Nowell moved to authorize additional expenditure of $40,000 to cover repairs of Swiney Hiett Road, and enter into agreement with Tarrant County, second by Council Member Barrett. Motion carried unanimously. D. VISTTOR/CITIZENS FORUM Mr. R. L. Swiney of 1305 N. Bowman Springs Road, Kennedale, TX addressed Council regarding the realignment of Bowman Springs Road and the negotiation process that has taken place. Mr. Swiney stated that he has not been happy with the way that the City has dealt with him and feels that more cooperation is warranted. Mr. Robert Williams of 1008 Oak Ridge Court, Kennedale, TX spoke to Council regarding Bowman Springs Road. Mr. Williams said that he preferred the roadway as is, and feels that the City should leave it in its current location because there is no merit in changing it. Mr. Frank Fernandez of 911 Shady Vale Drive, Kennedale, TX spoke about tax revenue, and said that putting a Wal-Mart on Little School Road would not be in the 3014 best interest of the City. In addition, he addressed beer/wine sales and lowering taxes without reducing police/fire services. E. STAFF REPORT/ANNOUNCEMENTS 1. City Manager Report City Manager, David Miller spoke about the closure of business driveways during the widening of Kennedale Parkway. He was assured by TXDOT that they are working diligently and should have all business re-opened within 90 days. He also advised that staff is in the process of working on the budget, and budget hearings and workshops would be held in the near future. F. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS 1. Mayor Report/Announcements Mayor, Jim Norwood commended the Fire Department and thanked them for their hard work. He then introduced Lieutenant Scott Epperson; Acting Lieutenant Steven Apala; Secretary, Terrie Owens, and FF/Paramedics Jay Hinkle, Sheppard Floyd, and Robert Plumlee. Mayor Norwood then announced that the first newsletter for the community was about to be released, which would include upcoming announcements regarding city activities. 2. Council Reports/Announcements Council Member Barrett recognized the Library staff and addressed recent activities that the Library has held, which has been very successful. He feels that they are doing a fantastic job, and also requested Council donate their quarterly payment to the Library Building Fund. Mayor Norwood then recessed the meeting to re-enter into executive session at 7:42 p.m., and reconvened into open session at 9:07 p.m. G. ADJOURNMENT Council Member Barrett moved to adjourn the meeting at 9:10 p.m., second by Council Member Nowell. Motion carried unanimously. q'` t~F ~~/~,~~, ,` APPROVED: m,...... ., ., ~', ~, . ;r - ayor, Jim orwood . ~ ~ .- ,. V Kat y Turn r, City Secretary