06.12.2003 CC Minutes2921
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING -JUNE 12, 2003
405 MUNICII'AL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the meeting to order at 7:05 p.m.
Members present: Mayor Wright, Council Members Clark, Mitchell, 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, Bryn Merideth.
Councilmember Barrett gave the invocation followed by the Pledge of Allegiance.
A. VISITOR/CITIZENS FORUM
Mrs. Janet Adams of 1005 Colonial Court, Kennedale, Texas spoke to Council on the issue of
attracting quality restaurants to Kennedale. She said if Kennedale could obtain these types of
businesses, the citizens of Kennedale would benefit from the taxes received.
Also, Mrs. Adams inquired what steps were necessary to hold awet/dry election. City
Manager will gather necessary information regarding wet/dry elections and provide to Ms.
Adams.
Mr. Eric Elam of 349 Kennedale Sublett, Kennedale, Texas addressed Council regarding the
location of the Chamber of Commerce. Mr. Elam feels that the Chamber should be located
within the city limits to provide better services to the citizens of Kennedale, as well as the
business owners.
Mr. Elam also addressed various types of businesses. He referred to business that may not be
desirable, but said as long as the facade of the business is presentable, then the business
should be able to locate within the City, as the City would benefit from the tax dollars of the
business.
Next, Mr. Elam addressed an entertainment tax. He said Council should look at this issue, as
it would help generate tax dollars for the City. In closing, Mr. Elam said he would be willing
to donate his time to help the City in anyway he could.
B. PUBLIC HEARING
1. To receive citizen comments regarding a request to rezone 35.592 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-2" General Commercial; "R-1" Single Family; "R-2" Single
Family and "R-3" Single Family Residential Districts. Requested by Cleveland Clinton.
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Mr. Jerry Jordan of 515 E. Border, Arlington, Texas addressed Council regarding the
Beacon Hill development. Mr. Jordan, Developer for Beacon Hill told Council that the
proposed development is identical to the plan that was presented before them in April,
and that the development contains a mixed use of residential with various size lots, two
open space lots, and one commercial lot. He addressed the three challenges of the
development, which includes 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 and connector street.
Mr. Jordan said all challenges were considered when determining the development and
that the home price range would accommodate the adjacent industrial district.
Council Member Clark questioned Mr. Jordan if the Planning and Zoning Commission
requested him to look at estate type zoning to coincide with the larger tracts of land
adjacent to the property. Mr. Hollis Mathews, member of the Planning and Zoning
Commission said that this issue was never discussed with Mr. Jordan.
Council Member Clark then addressed the costs associated with the screening wall on
two sides of the development, and asked Mr. Jordan if he would be willing to make the
lots on the northern portion of the development larger and have those lots front Swiney
Hiett. Mr. Jordan replied that he didn't feel that would help market the development, as
the property adjacent to the north, did not represent a desirable picture. Mr. Clark
expressed additional concerns with the number of R-3 lots and the burden it would place
on the school district, and was looking for an alternative way to increase the lot sizes.
Mr. Jordan replied that the lots were already larger than the minimum size required for R-
3 and reminded Council that the development carries a residential density of 2.8 lots to
the acre. He said that this development is not the average R-3 development and requested
Council follow the recommendation of the Planning and Zoning Commission to approve
the zone change request as submitted.
Mr. Dwayne Calhoun of 1001 Swiney Hiett Rd, Kennedale, Texas registered in favor of
the proposed development, but did express concerns over the drainage issue, as his
property is adjacent to the development and is lower in elevation.
Mr. Rick Trevino of 703 Woodland Court, Kennedale, Texas registered in favor of the
proposed development, and said that there was no opposition to the development from
surrounding property owners. Mr. Trevino said that water was not an issue to the
development, as the looped lines would increase water pressure; sewer was not an issue
as the City of Fort Worth handles all waste water; and drainage was not an issue because
the development would not change the natural flow of the water, but would help manage
the water run-off. He also said that the City must grow in order to help maintain a lower
tax base, and recommend approval.
Mr. Rob Morns of 824 E. Kennedale Sublett Rd., Kennedale, Texas registered in favor of
the proposed development, but did not wish to address Council.
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C. CONSENT AGENDA
1. Consider approval of minutes: special meeting, workshop and regular meeting dated May
8, 2003, and workshop dated May 27, 2003.
2. Consider appointments to various City board/commissions.
3. Consider approval of Contract 03-01 with Tarrant County for the assessmenbcollection
of Ad Valorem Tax Collections for the 2003 tax year.
4. Consider approval of Resolution No. 162, suspending the effective date of TXU Gas
Distribution's requested rate change.
Council Member Barrett moved to approve consent agenda items one through four,
second by Council Member Vaughn. Motion carried unanimously.
D. REGULAR ITEMS
5. Consider approval of Ordinance No. 251, to rezone 35.592 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-2" General Commercial District; "R-1" Single Family; "R-2" Single
Family; and "R-3" Single Family Residential Districts. Requested by Cleveland Clinton.
Council Member Barrett moved to approve Ordinance No. 251, Zone Case 03-02, second
by Council Member Mitchell.
Council Member Clark questioned the decision to approve the plat if Mr. Jordan would
look at alternatives to increase the lot sizes on the North and West Side of the
development, and look at alternative measures for the brick screening wall. Developer,
Jerry Jordan said that it would not be feasible to market the lots facing North due to the
existing development on Swiney Hiett.
Council Members Barrett, Mitchell, Vaughn and Kovach voted in favor, with Council
Member Clark opposing. Motion carried.
6. Consider appointment of Mayor Pro Tem.
Council Member Barrett moved to appoint Ron Kovach as Mayor Pro Tem, second by
Council Member Clark.
Council Members Barrett, Clark, Mitchell, and Vaughn voted in favor, with Council
Member Kovach abstaining. Motion carried.
3. Consider approval of agreement with City of Fort Worth for the reconstruction and use of
Dick Price Road.
Council Member Clark moved to table this item, second by Council Member Barrett.
Motion carried unanimously.
4. Consider approval of Water and Sewer Fund budget amendment.
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Council Member Barrett moved to approve $40,000.00 budget amendment for overhead
charge to Water and Sewer Fund from General Fund budgets, second by Council Member
Vaughn. Motion carried unanimously.
5. Consider approval of nomination of Council Member to serve on NTCOG Emergency
Preparedness Planning Council.
Council Member Barrett moved to nominate Council Member Vaughn to serve on
NTCOG Emergency Preparedness Planning Council, second by Council Member
Kovach.
Council Members Barrett, Kovach, Clark, and Mitchell voted aye, with Council Member
Vaughn abstaining. Motion carried.
6. Consider approval of Resolution No. 163, authorizing the Mayor to execute refinancing
lease purchase agreement for Aerial Fire Truck.
Council Member Clark moved to approve Resolution No. 163, second by Council
Member Kovach. Motion carried unanimously.
E. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements - No report or announcements.
2. Council Reports/Announcements - No report or announcements.
F. EXECUTIVE SESSION
Mayor Wright recessed the meeting at 8:10 p.m. to enter into executive session.
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 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 and legal issues regarding amortization of nonconforming uses;
reconstruction of Dick Price Road; Senior center complaint; 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. 348-1 85 5 1 3-00
2. The City Council met in closed session to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee,
pursuant to Section 551.074, Texas Government Code.
a. City Manager
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G. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON
ITEMS DISCUSSED IN EXECUTIVE SESSION.
Mayor Wright reconvened into open session at 9:44 p.m.
Council Member Kovach moved to relieve 80 hours of sick time to City Manager and
authorize vacation accrual in accordance with City Personnel Policy, second by Council
Member Clark. Motion carried unanimously.
H. ADJOURNMENT
Council Member Clark moved to adjourn at 9:45 p.m., second by Council Member Kovach.
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MINUTES OF
KENNEDALE CITY COUNCIL
PRE -COUNCIL WORKSHOP -JUNE 12, 2003
405 MUNICIPA DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the meeting to order at 6:00 p.m.
Members present: Mayor Wright, Council Members Clark, Mitchell, 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, Dan Dittfurth, Fire Chief, and legal counsel, Bryn Merideth.
A. STAFF COMMENTS
1. Director of Public Works Report
Mr. Don Burns, Director of Public Works addressed Council regarding his monthly
project report. He spoke briefly about the mosquito surveillance program and the
development of a five-year budget plan for streets/water and sewer projects. In addition,
Mr. Burns addressed a request to place an unmanned Goodwill drop box within the city.
It was Council consensus to contact the local churches to see if they would communicate
together to obtain materials for Goodwill. Council felt that an unmanned drop box would
create a nuisance, as citizens would drop large items off and they would sit at the location
for a week's time.
2. Police Report
Mr. David Miller, City Manager addressed the police project report. Mr. Miller told
Council that the Police Department started a warrant roundup early this morning, which
netted a low response. He said after the amnesty period, another round would be
conducted. In addition, Mr. Miller advised that two grants had been applied for that
relates to a Cops Grant and Bulletproof Vests.
3. Fire Report
Mr. Dan Dittfurth, Fire Chief addressed the fire project report. He spoke of the new
ambulance and said that it was being repainted, which would delay the delivery date. He
also addressed the Jr. Fire Setter Intervention Program, Haz Mat 80 hour technician class,
arson inspector class, combing all city cell phones to one policy, FEMA grant, DEN
grant, addressing of recent annexed areas, donation of steel from local business, Hawk
Steel, and concluded with the Safety Fair, which is scheduled for Saturday, June 14.
4. Director of Finance Report
Mrs. Li Jen Lee, Director of Finance informed Council that electric franchise fees were
down by Forty Five Thousand Dollars ($45,000.00), court revenue was increasing and is
expected to finish at 69% of budget, permit collections should meet budget based on
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expectation of growth of the city, and City Secretary and Fire Departments are over
budget benchmark for the month of May 2003.
Next, Li Jen questioned Council for input on an internal audit. Mrs. Lee said she would
not know if something inaccurate were occurring without actually doing an internal audit
of that department. Council consensus was to do periodic inspections without warning to
that department. Periodic inspections on use of city phone lines was also requested, with
emphasis placed on department heads to manage the use of such lines. It was noted
Margaret Eichelberger was in the process of issuing PIN numbers to employees so calls
could be tracked.
In addition, emphasis was stressed on consistent review of city credit card use with a
direct need for a policy for such cards. Another item requiring attention was a need to
develop a policy for employee lunches. Council recommended taking an employee to
lunch no more than two times a year, if it was to be charged to the City, but a policy
needed to be in place.
5. City Manager Report
David Miller, City Manager advised Council that the legislation session ended and that he
would be attending a TML sponsored update in Austin on June 23`d. Next, Mr. Miller
addressed the budget preparation and said that an all day workshop is tentatively
scheduled for July 3151. He also spoke of the need for an Ethics Policy for employees and
Council, and proposed adjusting the operating hours of the Library to coincide with the
Library Directors 40-hour workweek. He said that these items would be presented with
the budget.
B. REGULAR ITEMS
1. Discussion on appointment of Mayor Pro Tem.
Council Member Kovach spoke briefly about his intention to attend law school and
inquired to Council if they would be willing to move the meeting time up to 3:30 or 4:00
p.m. to allow him to remain on the Council. More discussion regarding meeting time will
take place at a later date.
2. Discussion of agreement with City of Fort Worth for reconstruction and use of Dick Price
Road.
Mr. Miller advised Council that Ms. Libby Watson, Assistant City Manager of Fort
Worth would like to make a full presentation before Council regarding the proposed
roadway. Fort Worth is experiencing budget strains and are proposing to curb and gutter
only a portion of the roadway. They also have issues with Kennedale placing stipulations
on the height of the landfill and number of trucks utilizing the roadway.
Council Member Clark mentioned a proposal to enter into a revenue sharing agreement
with Fort Worth over a 40-year period versus building a new roadway. He said that this
way, Kennedale would receive a portion of the funds and could spend the money anyway
that the City saw fit for road improvements.
A workshop will be scheduled with Fort Worth to review options available.
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3. Discussion on nomination of Council Member to serve on NTCOG Emergency
Preparedness Planning Council.
It was the consensus of Council to appoint Nita Vaughn to serve on this committee
during the regular meeting with Gary Mitchell to serve as an alternate.
4. Discussion on Resolution No. 163, authorizing the Mayor to execute refinancing lease
purchase agreement for Aerial Fire Truck.
It was noted that refinancing the Aerial Fire Truck would save the City approximately
Nineteen Thousand Dollars over 11 years.
5. Discussion on any other item on the agenda, if needed.
Due to time, no other items were discussed.
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C. ADJOURNMENT
Mayor,~Wri~ht adjourned the workshop at 7:02 p.m.
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Mayor, Mark S. Wri
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