04.10.2003 CC Minutes2901
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING -APRIL 10, 2003
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the meeting to order at 7:07 p.m.
Members present: Mayor Wright, Council Members Clark, Cowan, Barrett, Vaughn, and Kovach.
Staff present: David Miller, City Manager, Margaret Eichelberger, Assistant to City Manager,
Kathy Turner, City Secretary, Li Jen Lee, Director of Finance, Don Burns, Director of Public
Works, Jim Rutledge, Police Chief, Dan Dittfurth, Fire Chief, and Legal Counsel, Wayne K.
Olson.
Council Member Barrett gave the invocation followed by the Pledge of Allegiance.
A. VISITOR/CITIZENS FORUM
Mr. Shawn Noble, owner of the car wash located at 321 W. Mansfield Highway, Kennedale,
Texas addressed Council with concerns relating to the relationship between the City and local
businesses.
B. PUBLIC HEARINGS
1. To receive citizen comments regarding a request to rezone 71.724 acres out of the J.B.
Renfro Survey, Abstract 1260, Tracts SA and SB to that of "R-3" Single Family
Residential District. Requested by Vivienne B. Williams.
Mayor Wright advised the citizens that this public hearing would be continued at the May
meeting, but Council would receive citizen's comments tonight, as well as at the May
meeting. He said at the request of the Planning and Zoning Commission, the developer
was to meet with two adjacent property owners, which had not taken place, and until that
meeting takes place, Council would not act upon the zone change.
Mr. Eddie Patterson of 400 Little School Road, Kennedale, Texas addressed Council in
opposition to the re-zoning of the Williams property. Mr. Patterson requested Council
reconsider the rezoning of the property and the re-routing of Little School Road into a
cul-de-sac, as it would affect him personally and his neighbor. Also, he expressed
concern with the number of "R-3" single family lots and the strain the development
would place on the city's current utilities, as well as the increased traffic would task the
city's current police, fire, and street personnel. Mr. Patterson recommended Council deny
the request and prepare a more detailed study of the area.
Mrs. Cheryl Abbott of 330 Little School Road, Kennedale, Texas addressed Council in
opposition to the re-zoning of the Williams property. Mrs. Abbott spoke about concerns
relating to the value of her property, city's current utility structure, updating the Master
Thoroughfare Plan, and over crowding of the school district. She requested Council
reject the proposed plan until a further study has been completed.
Mr. Steve Hayes of 200 Oak Ridge Trail, Kennedale, Texas registered in opposition to
the re-zoning of the Williams property as a resident and on behalf of the Kennedale
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Independent School Board. Mr. Hayes said the development would place a hardship on
the student population at the schools, and that the school district would prefer a "R-1" or
"R-2" zoning over the proposed "R-2"/"R-3" zoning classification.
On a personal note, Mr. Hayes strongly urged Council to reconsider the "R-3" zoning to
that of "R-1/R-2", and expressed concerns regarding the traffic that would be generated
from Highway 287 up Little School Road.
In addition, the following person registered in favor of the zone change, but did not wish
to address Council:
Rob Morris of 824 E. Kennedale Sublett Rd., Kennedale, Texas.
The following persons registered against the zone change, but did not wish to address
Council:
Barbara Luster of 106 and 108 S. Dick Price Road, Kennedale, Texas.
There being no further comments, Council Member Barrett moved to continue the public
hearing until the May 8, 2003 meeting at 7:00 p.m., second by Council Member Kovach.
Motion carried with all Members voting in favor.
2. To receive citizen comments regarding a request to rezone 35.4 acres out of the Franklin
Wood Survey, Abstract 1628, Tracts 1 and 3, and Ben Joplin Survey, Abstract 880, Tract
3C to that of "C-1" Restricted Commercial District, "C-2" General Commercial District,
and "R-3" Single Family Residential District. Requested by Cleveland Clinton.
Mr. Rick Trevino of 703 Woodland Court, Kennedale, Texas registered in favor of the
proposed zone change, requested by Cleveland Clinton. Mr. Trevino replied that at the
Planning and Zoning Commission hearing there was misunderstanding, and since that
date, the developer has met with the property owners and many of the residents of
Swiney Hiett and Collett Sublett are now in favor of the project. Concerns related to
water issues, and the need for a looped line, sewage, drainage, and "R-3" Single Family
residential housing. In closing, Mr. Trevino urged Council to move ahead with the
change.
Mr. Dwayne Calhoun of 1001 Swiney Hiett Rd., Kennedale, Texas stated that he wasn't
completely opposed to the rezoning, and had met with the developer. Mr. Calhoun does
not want commercial across from his residence and expressed concerns with the proposed
drainage system for the development. He requested that some type of underground
drainage system be installed, as he did not want any culverts around his property. He also
stated that he was not opposed to "R-3" housing, if it is developed properly, but preferred
larger lots.
Mr. Jerry Jordan of 515 E. Border, Arlington, Texas, contract buyer for Beacon Hill
Subdivision distributed an exhibit to Council Members reflecting the proposed
development. Mr. Jordan said the rezoning request was from "AG" Agricultural and "R-
1" Single Family to that of "R-3" Single Family and "C-2" General Commercial. He said
that he revised Mr. Crawford's request by dropping the "C-1" Commercial zoning and
added a green space for homeowners' use, which would be maintained by the
Homeowners Association. The development will be a mixed-use development, which
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carriers a residential density of 2.8 lots to the acre, and commercial use designed to
provide neighborhood services. The development contains challenges, which deals with
the configuration of the land itself in that the land is irregular in shape and is surrounded
on three sides by roadway. The south part of the tract contains a 150 foot wide utility
easement, which separates the 35 acres, and heavy industrial zoning is adjacent to the
property, and all perimeter streets will require land dedication for future use, which
creates setback issues. Also, there is a requirement that a brick fence must be placed
along a thoroughfare.
Mr. Jordan said all challenges were considered when determining the development and
requested Council approve the amended zoning application and re-direct the preliminary
plat back to the Planning and Zoning Commission for consideration as revised.
Mr. Steve Hayes of 200 Oak Ridge Trail, Kennedale, Texas registered in opposition to
the re-zoning of the Clinton property as a resident and on behalf of the Kennedale
Independent School Board. Mr. Hayes said the development would place a hardship on
the student population at the schools, and that the school district would prefer a "R-1" or
"R-2" zoning over the proposed "R-2"/"R-3" zoning classification.
In addition, the following persons registered in favor of the zone change, but did not wish
to address Council:
1. Rob Morris of 824 E. Kennedale Sublett Rd., Kennedale, Texas
2. Hank Barnes of 116 Collett Sublett Rd., Kennedale, Texas
3. O.V. "Rusty" Di Sciullo, Engineer for Mr. Jerry Jordan, of 1419 Country Club Rd.,
Arlington, Texas.
The following person registered against the zone change, but did not wish to address
Council:
Frances Haines of 1036 E. Mansfield Cardinal Rd., Kennedale, Texas.
There being no further discussion Mayor Wright closed the public hearing.
C. REGULAR ITEMS
1. Consider approval of minutes: workshop and regular meeting dated March 13, 2003.
Council Member Barrett moved to approve the minutes as submitted, second by Council
Member Clark with all members voting in favor. Motion carried.
2. Consider approval of Change Order #3 for Little School Road.
Council Member Clark moved to table action until the regular meeting scheduled May 8,
2003, second by Council Member Cowan. Motion carried unanimously.
3. Consider approval of Ordinance No. 250, to rezone 71.7 acres out of the J.B. Renfro
Survey, Abstract 1260, Tracts SA and SB to that of "R-3" Single Family Residential
District. Requested by Vivienne B. Williams.
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Council Member Clark moved to table Ordinance No. 250, second by Council Member
Vaughn.
Council Member Kovach requested additional information from staff be provided on the
following issues (1) rationale for cul-de-sac of Little School Road versus making Little
School Road thoroughfare connecting to Mansfield Highway; (2) installation of screening
walls adjacent to a collector street or thoroughfare; and (3) impact of housing
development "R-2/R-3" will have on current city utilities versus "R-2" development only.
Council Member Vaughn also requested that the developer meet with surrounding
homeowners to advise of development.
Council Member Clark questioned if it would not be best for the proposed plat changes to
be reviewed by the Planning and Zoning Commission as the Commission is familiar with
the issues, and to let the Commission hold public forum on the issues, then present to
Council for action.
No other discussion, motion carried.
4. Consider approval of Ordinance No. 251, to rezone 35.592 acres out of the E.C. Cannon
Survey, Abstract 378, Franklin Wood Survey, Abstract 1628, Tracts 1 and 3, and Ben
Jopling Survey, Abstract 880, Tract 3C to that of "C-1" Restricted Commercial District,
"C-2" General Commercial District, and "R-3" Single Family Residential District.
Requested by Cleveland Clinton.
Council Member Clark moved to defer Zone Change 03-02 back to the Planning and
Zoning Commission for recommendation on new proposal, second by Council Member
Kovach.
Council Member Kovach then requested additional information be provided on
installation of screening walls adjacent to a Collector Street or thoroughfare, and to
review options for drainage culvert.
Council Member Vaughn requested the developer look at options to reduce "R-3"
housing and propose additional "R-2" housing on the interior of the subdivision.
No other discussion, motion carried.
5. Consider approval of agreement with City of Fort Worth for the reconstruction of Dick
Price Road.
Council Member Clark moved to proceed with Memorandum of Agreement with the
following additions to be addressed in the Memorandum of Agreement:
1. Weight limit on Dick Price Road for the vehicle use of 54,000 pounds.
2. Limit number of trips based on contract with City of Fort Worth, as understood in
presentation to 200 trips per day as anticipated volume with access and verification of
the trips through the records that are maintained by the City of Fort Worth with
contractors. Trips are Monday through Saturday, no operation on Sunday.
3. Limit hours of operation for roadway use from 7 a.m. to 6 p.m., Monday through
Saturday.
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4. Limitation of 180 days for completion of the portion that is identified on Dick Price
Road reconstruction #14 (Construction after utilities adjusted). Limitation of 180
days from completion of item #13 (Construction not conflicting with utilities); and
provisions for liquidation damage or damage clause built into the contract to address
concerns of delay in completing the other portion of the roadway reconstruction.
5. 10-year maintenance bond for reconstruction of road carried by City of Fort Worth
(holder of permit).
6. Representation in memorandum of agreement, that the foot print on the landfill will
not change and height will not exceed 70 feet, as represented as to the landfill.
7. Reservation clause in the Memorandum that the City of Kennedale reserves the right
to challenge expansion of the landfill despite the improvements being made.
8. Representation anticipated closure date of landfill is 20 years from date of contract.
Motion second by Council Member Barrett with all members voting in favor. Motion
carried.
D. STAFF COMMENTS
1. City Manager Report
City Manager, David Miller provided his report in the Council packet for review. He
briefly addressed legislative visit regarding proposed house bills, Bowman Springs Road
project, financial report relating to court revenues, jail upgrades, sponsoring of police lap
top computers for 18 to 24 months, and compliance of Racial Profile Report.
E. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements
Mayor Wright advised of letter being sent to CAPP Committee.
2. Council Reports/Announcements
Council Member Vaughn requested information be provided relating to dates Court has
actually met, and a report reflecting monies actually collected on tickets (not warrants).
Council Member Barrett advised of Citywide Easter Egg Hunt scheduled for April 19,
2003.
F. EXECUTIVE SESSION
Mayor Wright recessed the meeting to enter into executive session at 8:27 p.m.
1. 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 (1) 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 of any item
posted on the agenda; (2) legal issues regarding amortization of nonconforming uses; (3)
request for public information; and litigation, settlement offers, and/or claims.
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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. City of Kennedale, Texas v. John Cornyn, Attorney General, State of Texas;
Cause No. GV202134
f. Legal advice regarding city property located in floodplain.
g. Legal advice regarding reconstruction of Dick Price Road
G. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON
ITEMS DISCUSSED IN EXECUTIVE SESSION.
Mayor Wright reconvened into open session at 9:42 p.m.
City Manager, David Miller advised Council that a letter had been sent to Tarrant Appraisal
District declaring FWT, Inc. in default of their tax abatement.
H. ADJOURNMENT
Council Member Kovach moved to adjourn the meeting at 9:45 p.m., second by Council
Me~b KE ~~rk. Motion carried.
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MINUTES
KENNEDALE CITY COUNCIL
PRE COUNCIL WORKSHOP -APRIL 10, 2003
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the workshop to order at 6:00 p.m.
Members present: Mayor Wright, Council Members Clark, Cowan, Barrett, Vaughn, and Kovach.
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, Don Burns, Director of Public
Works, and legal counsel, Wayne K. Olson.
A. REGULAR ITEMS
1. Discussion on possible acquisition of Key Branch Water System.
Mr. Don Burns, Director of Public Works advised Council on the possible acquisition of
the Key Branch Water System. Mr. Burns informed Council that the acquisition cost
would be Ten Dollars ($10.00), and that the City of Arlington would pay for all
connections to tie into the City of Kennedale's system. The reason behind the acquisition
is that the water system is at the end of Arlington's system, and Arlington has incurred
problems with maintaining proper water pressure. The acquisition will entail adding an
additional 275 to 300 customers, which will be completed in phases, and will amount to
Four Thousand to Seven Thousand Dollars a month in revenue based on residential and
commercial accounts.
A question and answer period followed with concerns relating to the costs to upgrade the
system, additional connections for undeveloped land in the area, and the need for a
contract to operate a water system within the jurisdiction of another city.
Mayor Wright recommended an update regarding the project be placed on the next
Council meeting.
2. Discussion on the reconstruction of Dick Price Road Project.
Mayor and Council discussed concerns with the reconstruction of Dick Price Road
Project, and provided legal counsel stipulations that they would like to see in the
agreement with the City of Fort Worth. Stipulations included, but were not limited to the
following:
1. Weight limit;
2. Limitation on number of trucks per day, and verification provisions;
3. Restricted hours of operation for roadway use;
4. Limitation for completion item #14 (Construction after utilities adjusted)
5. Limitation of 180 days for completion of item #13 (construction not conflicting with
utilities);
6. Some provision for liquidation damage or damage clause built in contract to address
concerns of delay or completion of other portion of the roadway;
7. 10-Year Maintenance bond;
8. Foot print on the landfill will not change and vertical height will not exceed 70 feet,
as presented by the City of Fort Worth;
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9. Reservation clause that Kennedale reserves the right to challenge expansion of the
landfill despite the improvements being made; and
10. Anticipated closing date of landfill is 20 years from date of contract.
It was consensus of Council to act upon contract in regular meeting contingent upon legal
counsel adding stipulations to contract.
3. Discussion regarding businesses in Kennedale.
Council was presented a listing of businesses that had opened and closed within the last
six months.
Council Member Barrett stated that he had received complaints about city codes being
too restrictive on smaller businesses, and he felt that with the number of roof tops coming
into the City, that the City needed to do something to retain the smaller businesses to
offset taxes. He recommended a panel be put together of small businesses to obtain ideas
as to how the City could amend current codes to help attract small businesses.
Council Member Kovach questioned what ordinances were too restrictive, and stated
without this knowledge, Council could not act.
Council recommended staff come up with some type of system to address Council
Member Barrett's concerns.
4. Discussion on any other item on the agenda, if needed.
Mayor Wright briefly addressed the scheduled public hearings and the stipulations the
Planning and Zoning Commission recommended to the developers. He said the
developer had not met with the homeowners regarding the Williams property, and felt
that it was best to continue the public hearing in May to allow time for the meeting to
take place. He recommended Council tables the ordinance and re-consider at the May
meeting.
Mayor Wright then addressed the second public hearing and the reason for denial, which
was due to miscommunication. He said many homeowners protested the zone change
because they thought multi-family was being constructed. Mr. Miller replied that the
developer had since met with the homeowners, and that many of them were present
tonight to speak in support of the request. He also stated that the developer had made
changes to the request and recommended that Council re-direct the request back to the
Planning and Zoning Commission for reconsideration.
B. ADJOURNMENT
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