06.25.2003 CC Minutes - Special2926
MINUTES OF
KENNEDALE CITY COUNCIL
SPECIAL MEETING -JUNE 25, 2003
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the meeting to order at 6:30 p.m.
Members present: Mayor Wright, Council Members Clark, Mitchell, Vaughn, and Kovach.
Members absent: Council Member Barrett.
Staff present: David Miller, City Manager, Margaret Eichelberger, Assistant to City Manager,
Kathy Turner, City Secretary, Don Burns, Director of Public Works, and legal counsel, Wayne K.
Olson.
Also present were city engineers, Eddie and Derik Cheatham, Libby Watson, Assistant City
Manager with City of Fort Worth, Deanna Johnson
A. REGULAR ITEMS
1. Presentation by City of Fort Worth regarding reconstruction of Dick Price Road.
Libby Watson, Assistant City Manager with City of Fort Worth addressed Council
regarding the agreement for the reconstruction of Dick Price Road. During the
presentation, she referred to the revised interlocal agreement -page 2 (G) (i) addressing
the benefits that the City of Kennedale would receive from the upgrade of Dick Price
Road.
Ms. Watson then spoke of concerns Kennedale had with the height of the landfill. She
said the last permit modification that was approved by the State in October 2001, allowed
the City of Fort Worth to fill to 645 feet above mean sea level. This was an increase at
that time from the previous permitted level of 635 feet. The current elevation at the
highest point of the landfill, not the entire landfill, but the highest point is 629 feet. Fort
Worth will be seeking to take the Southeast Landfill to 810 feet, which is an additional
165 feet in height, with no changes to the horizontal foot print of the landfill. Ms.
Watson went on to say that Fort Worth could go on the existing footprint to a height of
890 feet, but that is not what is being requested in the permit process. They will commit
to the City of Kennedale what is stated in the interlocal agreement, which is a height of
810 feet. Pictures were then presented reflecting what the landfill would look like once it
was entirely finished out at 810 feet.
Next issue addressed was the traffic count. Ms. Watson referred to the agreement on
page 5 (vi) saying Fort Worth would commit to 250 truck trips per day based on current
residences served, which is 150,000. She said the contract did allow for a growth clause,
and based on COG estimates, the projected residential growth for Fort Worth in 2020
would be 276,297, which would equate to 460 truck trips with a maximum number of
1,200 trucks per day to both the Southeast and IESI Landfills.
The road design was then addressed with the City of Fort Worth looking at ways to
reduce the overall costs. Ms. Watson said the new alignment would be four lanes with
improved drainage from Highway 287 to the railroad tracks. From that point on, some
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drainage improvements would be provided, but wherever possible, the open ditch system
would be utilized. Fort Worth would replace existing facilities with likewise structures,
and if over sizing were necessary, the City of Kennedale would be responsible for the
cost.
A brief question and answer period followed with concerns relating to the number of
additional trucks that would be entering the landfills once the restriction was lifted on
Dick Price Road. Mr. Jeff Mayfield, General Manager of landfill and transfer stations for
Trinity said that he would expect an additional 300 trucks per day once the restrictions
were lifted.
Council Member Kovach expressed concerns with the removal of curb and gutter, and
Council Member Clark requested information relating to the lease agreement between the
City of Fort Worth and Trinity.
City Engineer, Eddie Cheatham informed Council that out of the original 6.5 Million
road, the following cuts were made: curb and gutter, sidewalks, extension of 12" water
line, signalization at the intersection of North Road and Highway 287, and engineering
and surveying costs were reduced.
City Attorney, Wayne Olson then addressed Council regarding the original Memorandum
of Agreement approved by Council on April 10, 2003. He said in that agreement, there
were eight conditions, and in the contract before Council tonight prepared by Fort
Worth's legal department, those conditions differ. Those factors include increased truck
trips, increase weight limit of trucks to 66,000 pounds, no objection to vertical expansion
of the Southeast Landfill, both Fort Worth and Kennedale would share liquidated
damages, Kennedale would become an oblige under a two year maintenance bond,
vertical height increase to 810 feet above mean sea level, and closure of landfill would
depend upon usage of landfill. Mr. Olson said that some type of agreement would need
to arise from the permitting system of Dick Price Road, and that the current ordinances
would need amendments.
2. Consideration of agreement with City of Fort Worth for the reconstruction and use of
Dick Price Road.
Mayor Wright recessed the meeting to enter into executive session at 7:23 p.m. Mayor
Wright reconvened into open session at 8:40 p.m.
A brief discussion took place regarding differences mentioned above in contracts, and the
right to protect the citizens of Kennedale. It was the consensus of Council to continue
negotiations before entering into an agreement.
Council Member Clark moved to table agreement, second by Council Member Kovach
with all members present voting in favor.
3. Consider upgrade of City computers.
Mayor Wright recessed the meeting to enter into executive session at 8:55 p.m. Mayor
Wright reconvened into open session at 9:03 p.m.
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Council Member Clark moved to upgrade computer systems pursuant to recommendation
in City Manager letter with recourse action against prior computer consultant. Motion
second by Council Member Vaughn.
Council Member Clark then moved to amend his original motion to include a budget
amendment for $26,200. Council Member Vaughn moved to approve original motion
with amended motion. All members present voted in favor.
B. 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 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. 348-185513-00
C. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON
ITEMS DISCUSSED IN EXECUTIVE SESSION.
Refer to regular item numbers two and three for action taken after discussion in executive
session.
D. ADJOURNMENT
Council Member Vaughn moved to adjourn at 9:06 p.m., second by Council Member
``K~av~aK)~'Nlthotion carried.
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