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08.12.2004 CC Minutes3015 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING -AUGUST 12, 2004 405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG. Mayor Norwood called the meeting to order at 4:29 p.m. Members present: Mayor Norwood, Council Members Clark, Mitchell, Barrett, Green, and Nowell. Members absent: None Staff present: David Miller, City Manager; Kathy Turner, City Secretary; Li Jen Lee, Director of Finance; Mark White, Director of Community Development; Jim Rutledge, Police Chief; and legal counsel, Wayne K. Olson. I. RECESS TO EXECUTIVE SESSION Mayor Norwood recessed the meting at 4:30 p.m. to enter into executive session. T'he 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 Tetras 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 on noise ordinance. II. RECONVENE FOR OPEN MEETING WORK SESSION Mayor Norwood reconvened into open session at 5:32 p.m. 1. Joint workshop with Board of Adjustment. Council met with Board of Adjustment members Rick Adams, Don Mode, Chuck Gray and Art Harrelson. Discussion included prior cases, review of current city ordinances, terms of special exceptions granted, tracking of cases and repeated issues brought before the Board of Adjustment, and consistency in granting/denying cases. Mayor Norwood recessed the meeting at 6:13 p.m. and reconvened at 6:20 p.m. 3016 III. IV 2. Discussion on any other item on the agenda. Council Member Clark questioned Developer's Agreements scheduled on the agenda. Compliance of City Code, Section 17-240 (concrete streets), and Section 17-241 (parameter screening requirements) were addressed with regards to Brookstone Estates Addition and Falcon Wood Estates. It was noted that Falcon Wood Estates would be a gated community; however Section 17-241 and Section 17- 241 of the City Code would still apply to the Subdivision. Discussion then followed with the concern of the homeowners association maintaining the streets and the homeowners petitioning the City to take over the streets in the future. Legal Counsel advised that the City could accept the streets, but with the condition that the streets are brought to City Code by the homeowners prior to acceptance. Concerns were also expressed with fire, police, and water/sewer personnel access to the subdivision and why those issues were not addressed in the agreement. It was noted that these issues would be addressed by variance with stipulation of break-away gates, knox boxes and code entrance access when final action was taken to approve the final plat, and developer's agreement. Next, Council Member Clark questioned actions taken by City Staff in regards to removal of board members from various boards. Council Member Clark explained that board members are exclusively appointed by Council, and could only be removed by Council authority, not by City Staff. He recommended that those persons who were contacted be re-contacted and apologized to and be placed back on the board until appropriate actions are taken by Council. He also stated that if a policy is to be created, it should be drafted, reviewed, approved and enforced by Council. Council Member Green made the following statement as a challenge to fellow Council Members. "The time has come for us as a Council to move forward. I'm focusing on city issues that City Council can control. (i.e. infrastructure, economic development, and relationship with our community) I feel that we need to focus on ourselves as a Council, not on other governing bodies. (i.e. school board and school district) Our plate as a City Council is full. We have obstacles ahead of us, obstacles that we need to address to become successful as a City. I feel that we need to make sure that our house is spotless before we go getting involved in other peoples home. In response to our current issues, the horse is dead; we need to stop kicking it." This statement was initiated by Council Member Green due to citizens approaching him with some issues that he feels Council should not be involved with, which has made him very uncomfortable as a Council Member. He feels that Council should take care of City business and should strive to work within the community, and remain out of the political scene of other governing agencies. Mayor Norwood recessed the meeting at 7:10 p.m. prior to entering into regular session. RECONVEI~?E INTO REGULAR SESSION Mayer Norwood reconvened the meeting and announced Council was in regular session at 7:23 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE 3017 Ms. Delana Hubbard, Children's Minister with Oakcrest Family Church gave the invocation. Girl Scout Troop 35441ed by Ms. Melinda Saenz led the Pledge of Allegiance. V. TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION. No action was taken on executive session items. VI. PRESENTATIONS Mayor Norwood presented reading awards to Jennifer Chandler and Amanda Sanders. 2. Mayor Norwood recognized Municipal Court employees Ms. Bobbie Spence, Court Coordinator, Shannon Parker and Shaye Ford, Court Clerks for their hard work. A letter was received from the Office of Court Administration in Austin stating what a great job the court has done. Dispositions had increased by Seventy Four percent (74%), revenues increased by Seventy Six percent (76%), which has resulted in the collections program being a positive impact on the City of Kennedale. It was also noted that Judge Lane stated that in all the courts he has served, no other court has ever received this type of compliment. VII. CONSENT AGENDA 1. Approval of minutes: regular meeting dated July 8, 2004. 2. Consider approval of Developer's Agreement for Brookstone Estates. 3. Consider approval of Tarrant Regional Transportation Coalition Agreement. 4. Consider approval of Resolution No. 180, Local Government approval of Hazard Mitigation.. Action Plan. Council Member Clark moved to approve consent agenda items as presented, and to nominate City Manager as representative on the Tarrant Regional Transportation Coalition, second by Council Member Barrett. Motion carried unanimously. VIII. REGULAR ITEMS Consider approval of Final Plat, Developer's Agreement, and approval of the following variances for Falcon Wood Estates: (1) Variance to the requirements of Section 17-239 of the Subdivision ordinance requiring that all new street rights-of- way be dedicated to the City; (2) Variance to the requirements of Section 17-239 requiring that all lots front on a public right-of--way; and (3) Variance to the requirements of Section 17-248 requiring that contracts for the construction of public improvements that involve City participation in excess of fifteen thousand dollars be advertised for bids. Council Member Clark moved to approve Final Plat, and Developer's Agreement contingent upon the following clarifications: agreement contains provision for knox box, break-away gates, key access to streets, and that Section T, Other fees/cost/agreements, section applying to developer's credit -language be changed to read not to exceed the specified number. The developer's agreement will be specified to state that compliance with Section 17-244, which relates to screening walls be adhered to, and that streets are curb and gutter concrete as required by 3018 Section 17-240, and to approve variance as requested: (1) Variance to the requirements of Section 17-239 of the Subdivision ordinance requiring that all new street rights-of--way be dedicated to the City; (2) Variance to the requirements of Section 17-239 requiring that all lots front on a public right-of--way; and (3) Variance to the requirements of Section 17-248 requiring that contracts for the construction of public improvements that involve City participation in excess of fifteen thousand dollars be advertised for bids. Motion was second by Council Member Barrett. Legal Counsel advised that in order to approve the variance, Council needed to make specific findings in accordance with Section 17-211 of the Subdivision ordinance. Council Member Clark moved to amend his motion to include the following findings: (1) requirement places an unreasonable burden on the development and does not bear a rough proportionality to the requirements necessary to serve the development; or (2) the extraordinary hardship or practical difficulties will result from the strict compliance with these regulations, and/or the purpose of these regulations may be served to a greater extent by an alternative proposal; and (a) the conditions upon which the request for a variance is based are unique to the property and are not applicable to other properties or the tract has peculiar physical surroundings, severe topographical conditions or unique environmental qualities worthy of protection; and (b) the variance will not have an adverse effect on the intent of these provisions or the comprehensive land use plan. Council Member Barrett moved to second the amended motion. Motion carried with all members voting in favor. 6. Consider approval of appointment of Chairman and Vice-Chairman to the Planning and Zoning Commission. Council Member Barrett moved to appoint Brian Johnson as Chairman, and Bryan Lankhorst as Vice-Chairman to the Planning and Zoning Commission, second by Council Member Clark. Motion unanimously. 7. Consider approval of appointment of Chairman and Vice-Chair to the Board of Adjustment. Council Member Mitchell moved to appoint Rick Adams as Chairman, Don Mode as Vice-Chair to the Board of Adjustment. Motion carried unanimously. 8. Consider approval of appointments to various board/committees. Council Member Clark moved to make the following appointments to the Economic Development Corporation: Bill Munn -Place 2; Ronnie Nowell -Place 4; and John Berry -Place 6. Motion second by Council Member Barrett. Council Members Clark and Barrett voted aye, Council Members Mitchell and Green voted nay with Council Member Nowell abstaining. Due to tie vote, Mayor Norwood voted against motion due to consideration of Robert Mundy, who currently serves on the board and his desire to continue serving. Motion failed. Council Member Clark moved to make the following appointments to the Economic Development Corporation: Bill Munn -Place 2; John Berry -Place 6; and leave Place 4 vacant to seek input from Mr. Mundy. Motion second by Council Member Barrett. Council Members Clark, Barrett, Green and Nowell voted aye, with Council Member Mitchell voting nay. Motion carried. 3019 9. Consider approval of Developer's Agreement for Hilldale Addition. Council Member Clark moved to approve Developer's Agreement for Hilldale Addition, second by Council Member Mitchell. Motion carried unanimously. 10. Presentation by Carolyn Marshall regarding water/sewer rate structure. Ms. Carolyn Marshall provided an overview of the recent water/sewer rate structure. She addressed objectives to consider, revenue requirements, rate design, rate structure and recommendations for Kennedale. IX. VISITOR/CITI~ENS FORUM Ms. LaNita El-Arab of 101 Quail Creek Ct., Kennedale, Texas addressed Council regarding loose dogs and impoundment fees. Mr. Rob Morns of 824 E. Kennedale Sublett Road, Kennedale, Texas expressed opposition to the executive policy addressing family members serving on board/committees. Mr. Eric Elam of 349 Kennedale Sublett Road, Kennedale, Texas spoke to Council regarding the purchase of city equipment. Mr. Elam offered to volunteer his time to look for such at auctions in order to save the city time and money. X. STAFF REPORT/ANNOUNCEMENTS 1. City Manager Report City Manager, David Miller updated Council on the status of Swiney Hiett Road and said that the whole section of roadway would be over-laid for approximately Twenty- Two Thousand Dollars ($22,000.00) or less. He also announced that a budget work session would be conducted on Saturday, August 21, 2004. XI. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS 1. Mayor Report/Announcements Mayor Norwood provided a statement regarding his motive for changing policy relating to the appointment of board/committee members. The change was to open up the opportunity for more equal representation on the boards/commissions. (i.e. the reason for going out in the community, passing out applications, making applications available, and encouraging people to pick-up an application while attending Council meetings) I also observed that most of those serving on the boards/commissions came from the North end of the City without representation in other areas. I originally purposed to do it by ordinance or resolution and now realize that I overstepped my authority, having offended some on the way, including members of this Council for which I am truly sorry. I will write a letter of apology to those who have been hurt in the process. I will sincerely ask for Councils forgiveness for overstepping my authority. I also agree with Councilman Green that the elections are over with and we need to move forward to make Kennedale the City we all want it to be, a safe community, a clean community, an attractive community, and an affordable community for all of us to live in. Thank you. 3020 2. Council Reports/Announcements - No reports/announcements. No reports/announcements by Council, Mayor Norwood recessed the meeting to re- enter into executive session at 8:33 p.m. XII. ADJOURNMENT Mayor Norwood reconvened into open session at 10:43 p.m. with Council Member Nowell making a motion to adjourn the meeting at 10:44 p.m. Motion second by Council Member Green with all members voting in favor. Motion carried. ~,~~ pF~ ~ ;~~= ~~ - '~ .-4 0 ~~~ - . ~= .• ,~ Kathy Turr~r, City Secretary APPROVED: ayor, Jim No ood [1