02.11.2003 CC Minutes - Special2,8h~
MINUTES OF
KENNEDALE CITY COUNCIL
SPECIAL MEETING -FEBRUARY 11, 2003
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the meeting to order at 7:00 p.m.
Members present: Mayor Wright, Councilmembers Clark, Cowan, Barrett, Vaughn, and Kovach.
Members absent: None
Staff present: David Miller, Margaret Eichelberger, Kathy Turner, and legal counsel, April
Vernig.
Councilmember Barrett gave the invocation followed by the Pledge of Allegiance.
A. PUBLIC HEARINGS
1. To receive citizen comments regarding a proposed ordinance to amend Article VIII of
Chapter 11 and Article VI of Chapter 17 of the Kennedale City Code (1991), as amended,
by amending provisions regarding the location of sexually oriented businesses.
No persons signed in to speak for or against the proposed ordinance.
2. To receive citizen comments regarding a proposed annexation that will include the
following properties: J.B. RENFRO SURVEY A-1261, Tracts 1, 2, 2A, 2A01, 2A02,
2A02A, 2B, 2C, 2D, 2E, 2E01, 2E02, 2F, 2G, 2H, 2J, 2K, 2K01, 2L, 2L01, 2M, 2M01,
2M02, 2N and 2P; OAK CREST ADDITION, Block 1, Lots 35, 36, 37, 38, and 39, and
Block 10, Lots 1, 2, 3, 4, 5, 6A, and 6B; E.S. SNIDER SURVEY A-1445, Tracts 1, lA,
and 1B; J.L. SNIDER SURVEY A-1448, Tracts 2, 2B, 2C, 3, 3A, 3A01, 3B, 3B01, and
3C; STREET/ROADS/PRIVATE DRIVES, Dick Price Road from present city limits
south approximately 4,035 feet, Green Circle, and Valley Trail.
Mr. Joe A. Potthoff, consultant with Hill, Gilstrap, Potthoff & McGinnis located in
Arlington, Texas addressed Council on behalf of property owner, Dr. Don and Aimee
Martin, Lessee, Mr. and Mrs. Harvey Back (Back Materials), and Lessee, M.F. Hull
(Jereco Recycled Materials) for the property located on Tract 1 of the Jesse B. Renfro
Survey, which carries a physical address of 4058 Dick Price Road.
Mr. Potthoff said that two businesses currently operate on the property, which is a sand
and gravel operation, and a rock crushing operation. Both businesses utilize heavy
equipment and truck operations with an excess weight of 10,000 pounds.
Mr. Potthoff addressed the Local Government Code, Section 43.063 relating to timing of
annexation institutions and Section 43.002 (a) that relates to the continuation of land use.
He also addressed the Kennedale City Code, Section 22.86 referencing truck route. Mr.
Potthoff expressed concerns with the City's truck route ordinance and the availability to
access Dick Price Road and continue use of the roadway. He said that the landowner
would not oppose the annexation if Council provide answers to the following questions:
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Would Council allow continued operation of the current businesses and allow access
with truck travel?
Would Council modify the Kennedale City Code, Section 22.86 (c) to permit access
on Dick Price Road?
Would Council allow travel on Dick Price Road North once roadway is improved
and, if it was improved to handle 10,000 pounds gross weight?
Mayor Wright informed Mr. Potthoff that Council could not provide answers to the
questions at this time, as it was a public hearing to receive citizens comments.
Mr. Grady Victory of 4124 Valley Trail, Kennedale, Texas addressed Council in
opposition to the annexation. Mr. Victory said the proposed annexation is a way for the
City to expand its tax base. There was nothing that the City of Kennedale could offer the
residents other than what they already have with the exception of a guaranteed tax
increase, code enforcement and permit fees. He also addressed the truck route ordinance
and problems that he has encountered with the use of Dick Price Road, as Mr. Victory
has a business located at 4100 Valley Trail known as All American Safe Depot.
Mr. Ron Sturgeon of 5940 Eden Road, Fort Worth, Texas 76117 addressed Council
regarding his property and tenants located at 6705 and 6725 Oak Crest Drive. Mr.
Sturgeon had the following questions for Council consideration:
1. Did any landowners request annexation in the Oak Crest area, as there are very few
landowners;
2. What zoning is anticipated?
3. What additional regulations should property owners expect to become subject to?
4. Does annexation plan conform to recent legislation? Stated he was confused with
three-year planning and notice requirement.
5. Does proposed annexation intend to put auto recyclers out of business?
Additionally, Mr. Sturgeon said that the City might intend to impose upgrades or other
enforcement actions, which effectively takes away the landowners and tenants rights
without due process or compensation. He said current businesses are operating legally
and that he hoped that the City does not intend to make them an illegal use, as he has
made substantial improvements to build new buildings and renovate an existing building.
Mr. Sturgeon stated that he hoped that the City of Kennedale would allow for appropriate
zoning in the area to allow businesses to continue operating as is; and would not require
Special Exceptions or impose burden compliance rules that would effectively kill the
uses. He said he like other property owners, would wait to determine if opposed to
annexation or not. He would like to be a good cooperate citizen and would like to see the
City receive the sales tax dollars from the businesses, but that he was concerned about the
businesses ability to continue operating.
Mr. James Victory of 4100 Valley Trail, Kennedale, Texas 76060 addressed Council in
opposition to the annexation and taxation of his property.
Ms. Lisa Spencer of 4105 Valley Trail, Kennedale, Texas 76060 addressed Council in
opposition to the annexation. Ms. Spencer said residents already have services that the
City says that it is going to offer and questioned how the City could offer these services if
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railroad crossing was blocked by a stopped train. She also addressed concerns with
Valley Trail and questioned what the City's intention was with the road.
Additionally, the following persons registered opposed to the annexation.
1. Ms. Shelia Jones of 4070 Kennedale New Hope Road, Kennedale, Texas.
2. Mr. Eddy Jones of 4070 Kennedale New Hope Road, Kennedale, Texas.
3. Ms. Charlotte Roland of 6701 Oak Crest Drive, Fort Worth, Texas.
4. Ms. Pat Doescher, General Manager of Apache Iron Metal & Auto Salvage, Inc.
located at 5500 Mansfield Highway, Fort Worth, Texas.
5. Mr. Charles Doescher of Apache Iron Metal & Auto Salvage, Inc. located at 5500
Mansfield Highway, Fort Worth, Texas.
B. REGULAR ITEMS
1. Consider approval of Ordinance No. 245, Amending Article VIII of Chapter 11 and
Article VI of Chapter 17 of the Kennedale City Code (1991), as amended, by amending
provisions regarding the location of sexually oriented businesses.
Councilmember Barrett moved to approve Ordinance No. 245 as outlined in settlement
agreement, second by Council member Kovach.
Councilmember Clark questioned legal description in Subsection 11-204 (c) (2) and (3).
He recommended this be reviewed and appropriate descriptions be noted.
Councilmember Barrett moved to amend his original motion to approve Ordinance No.
245 as outlined in settlement agreement contingent upon correct legal descriptions be
inserted in Subsection 11-204 (c) (2) and (3), second by Council member Kovach.
Councilmembers Barrett, Kovach, Clark, and Cowan voted in favor, with
Councilmember Vaughn opposing. Motion carried.
2. Consider approval of Change Order #3 for Little Road Project.
Councilmember Barrett moved to approve Change Order #3. Motion died due to lack of
second.
A brief discussion took place regarding the time frame of completion of project. It was
recommended that the City Manager review the contract and schedule a meeting with
Bertram Construction prior to approval of the Change Order to see that all aspects of the
contract were carried out in accordance to the contract.
Councilmember Clark moved to table item until March meeting. Motion second by
Councilmember Barrett with all members voting in favor.
3. Presentation by Cheatham and Associates regarding storm water run-off requirements.
Mr. James E. Cappy, P.E. with Cappy Engineering, Inc. briefed council on storm water
run-off requirements. Mr. Cappy said that small cities must comply with Phase II MS4
permit requirements, which means that the City of Kennedale must design a storm water
management program to reduce discharge of pollutants, protect water quality, and satisfy
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the appropriate water quality requirements of the Clean Water Act. In addition, there are
six minimum control measures that must be incorporated into storm water management,
which are expected to result in significant reductions of pollutants discharged into
receiving water bodies. For each of the minimum control measures, the City must define
appropriate best management practices (BMP), establish an implementation schedule for
each BMP, define measurable goals for each BMP, and identify the person or persons
responsible for implementing or coordinating the storm water program.
Next, Mr. Cappy said that the final permit was not issued by March 10, 2003 so it appears
that the Storm Water Management Plan will not be due until some time in August at the
earliest, and that the City would be notified of such date.
C. ADJOURNMENT
Mayor Wright adjourned the meeting at 8:20 p.m.
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Mayor, Mark S. Wrig
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