09.09.2004 CC Minutes3023
MINUTES OF
- KENNEDALE CITY COUNCIL
REGULAR MEETING -SEPTEMBER 9, 2004
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Norwood called the meeting to order at 4:31 p.m.
Members present: Mayor Norwood, Council Members Clark, Mitchell, Green, and Nowell.
Council Member Barrett arrived at 5:00 p.m.
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 meeting at 4:32 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 on noise ordinance.
II. RECONVENE FOR OPEN MEETING WORK SESSION
Mayor Norwood reconvened into open session at 5:46 p.m.
1. Joint workshop with Library Advisory Board.
Council met with Library Advisory Board members, Rebecca Clark, Kara Lynn
Greenfield, and Shirley Jackson. Also present was Library Director, Gwen Bevill.
Discussion included a brief history of the establishment of the Library and the future
needs of the Library including space needed, funding and grants available.
2. Discussion on proposed water/sewer rates.
It was suggested Council approve recommendation from Carolyn Marshall, Water
Rate Consultant changing the water rate structure to be billed based upon the actual
meter size, and charge a sewer rate that actually re-coops the cost of what is being
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paid out to the City of Arlington. By approving recommendation, citizens will see a
reduction is their base water rate, however, they will see an increase in their sewer
rate; the city will break even in the treatment for cost of sewer and the new policy
will set a solid billing program for the future.
3. Discussion on proposed budget for fiscal year 2004-2005.
It was noted that recommended changes were incorporated into the proposed budget,
which included additional funding for street maintenance program, senior citizen
building maintenance fund, and outsourcing right-of--way mowing with re-evaluation
at the end of the year to see benefits to City. Budget also includes four percent raises
for all city employees, one percent increase towards retirement program, additional
books and operating hours for the Library, one cent lower tax rate and a reserve
balance of 38 percent.
4. Discussion on any other item on the agenda.
Board appointments were briefly discussed with a recommendation brought forth to
interview candidates prior to appointments, which would afford Council the
opportunity to make a more informed decision on each appointment. Also, Mayor
Norwood introduced a policy that would establish membership criteria for appointed
board/commission members and asked Council to review and act upon the Policy at
a later date.
III.
IV.
V.
Mayor Norwood recessed the meeting at 6:55 p.m.
RECONVENE INTO REGULAR SESSION
Mayor Norwood reconvened into open session at 7:03 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Marvin Raines with Liberty Church, Kennedale, Texas gave the invocation.
Boy Scout Troop #35 headed by Scout Master, Mark Yeary led the Pledge of Allegiance.
TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION.
Council Member Nowell moved to approve Interlocal Agreement with the City of
Arlington, second by Council Member Mitchell. Council Members Nowell, Mitchell,
Barrett and Green voted aye, with Council Member Clark voting nay. Motion carried.
VI. PUBLIC HEARINGS
1. City Council will receive citizen comments regarding the proposed budget for Fiscal
Year 2004-2005.
No persons registered to speak.
2. City Council will receive citizen comments regarding proposed water/sewer rates.
Ms. Dolores Strouth of 120 So. Dick Price Road, Kennedale, TX addressed Council
regarding sewer fees for outside city residents who are not connected to the sewer
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system. Ms. Strouth was informed that if she were not connected to the sewer
system, no sewer charges would apply to her account.
Mr. Steve Hayes of 200 Oakridge Trail, Kennedale, TX registered against the
proposed water/sewer rates.
No other persons registered to speak. Public Hearings were closed at 7:13 p.m.
VII. CONSENT AGENDA
1. Approval of minutes: regular meeting dated August 12, 2004, and special meeting
dated August 21, 2004.
2. Consider approval of Ordinance No. 277, revising rates for water service and sanitary
sewer service.
3. Consider approval of Ordinance No. 278, adopting Fiscal Year 2004-2005 budget.
4. Consider approval of Economic Development Corporation Budget for Fiscal Year
2004-2005.
5. Consider approval of Ordinance No. 279, adopting a 2004 tax rate of $0.722500 per
$100 of taxable value.
6. Consider approval of Resolution No. 181, approving the City of Kennedale
investment policy.
Council Member Barrett moved to approve consent agenda items as submitted,
second by Council Member Nowell. Motion carried with all members voting in
favor.
VIII. REGULAR ITEMS
7. Consider approval of appointments to the Planning and Zoning Commission.
Council Member Clark moved to table this item to allow Council to interview
candidates during the October meeting, second by Council Member Green. Motion
carried unanimously.
8. Consider approval of appointments to the Economic Development Corporation.
Council Member Clark moved to re-appoint Robert Mundy (Place 4) to a term to
expire in 2006, and continue appointment of Nita Vaughn (Place 5) to a term to
expire in 2005, second by Council Member Barrett. Motion carried unanimously.
Council Member Clark moved to table appointment of Place 7 to allow review of
applications, second by Council Member Green. Motion carried unanimously.
A brief discussion took place regarding the appointment of a Council Member to the
Economic Development Board.
Council Member Nowell moved to remove John Berry (Place 6) from the board, and
replace with Council Member Mitchell, second by Council Member Green.
A discussion took place regarding removal of board members when vacancies were
present, and pre set notions on removal of certain board members.
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After discussion, Council Member Green rescinded his second on the motion to
remove John Berry (Place 6) from the board, and replace with Council Member
Mitchell to allow him the opportunity to speak with Mr. Berry. Motion failed due to
no second.
IX. VISITOR/CITIZENS FORUM
Mrs. Tent' Harrison of 936 N. Little School Road, Kennedale, TX inquired about the
fountains located in the City Park and questioned as to why they were not working as
they kept the water from stagnating. It was noted that the motors had been pulled for
repair and were in the process of being re-installed.
Mr. Frank Fernandez of 911 Shady Vale Drive, Kennedale, TX spoke to Council in
opposition to allow Wal-Mart to build on the boarder of Kennedale and Arlington.
X. STAFF REPORT/ANNOUNCEMENTS
1. City Manager Report
City Manager, David Miller updated Council on the status of Swiney Hiett Road, and
thanked the City Staff for their hard work on the 2004/2005 budget.
Next, Police Chief Rutledge announced that a grant had been awarded to place two
additional officers in the K.I.S.D. for three years that would include salary and
benefits and no match from the City.
XI. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements
Mayor Norwood introduced City employee, Scott Epperson and announced that he
was promoted to Fire Captain, and Police Chief, Jim Rutledge and said that he was
also serving as Interim Director of Public Safety. He congratulated both employees
on their promotions.
2. Council Reports/Announcements - No reports/announcements.
XII. ADJOURNMENT
Council Member Green moved to adjourn the meeting at 7:40 p.m., second by Council
Member Barrett. Motion carried.
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