07.10.2003 CC Minutes2931
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -JULY 10, 2003
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
Mayor Wright called the meeting to order at 7:05 p.m.
Members present: Mayor Wright, Council Members Mitchell, Vaughn, and Kovach.
Members absent: Council Members Clark and Barrett.
Staff present: David Miller, City Manager, Kathy Turner, City Secretary, Don Burns, Director of
Public Works, Li Jen Lee, Director of Finance, and legal counsel, Wayne K. Olson.
David Miller, City Manager led the invocation followed by the Pledge of Allegiance.
A. VISITOR/CITIZENS FORUM
Eva Perkins of 401 W. Linda Road, Kennedale, Texas addressed council in opposition to the
expansion of the landfill and widening of Dick Price Road.
B. PUBLIC HEARING
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 regulation and location of sexually oriented
businesses, and providing for the relocation of existing sexually oriented businesses
within a reasonable period of time.
Wayne Olson, City Attorney explained that the ordinance being presented designates
locations in Kennedale where Sexually Oriented Businesses can legally locate. He
reported on recent litigation referring to challenges the City is facing with its current
ordinance. Due to Supreme Court rulings, the city cannot ban these types of businesses,
but can regulate the locations, provided a reasonable number of locations are established.
Mr. Olson went on to advise that one of the problems facing Kennedale is that it is a
residential community throughout the City, and there is no place in town that this type of
business would not be offensive to someone, but City Council must make a decision
whether the proposed locations are appropriate or not. He reminded everyone that
Council and the citizens are aligned in the City's goals, and that Council has a very
difficult decision to make.
Mr. Olson then referred to a study conducted on Sexually Oriented Businesses and said
that the study would be relied upon to defend the City's ordinance. He implied that the
study reflects adverse affects on surrounding properties, which he feels is a justification
to be able to limit where the businesses can locate.
Prior to public comments, Mayor Wright stated that site six would be removed from the
ordinance at the recommendation of the Planning and Zoning Commission.
2932
Persons in attendance who addressed Council in opposition to the proposed Sexually
Oriented Business sites:
Betty Wells, 4345 Danny Dr. Kennedale, TX (Sites 6 and 7);
Jim Norwood, 813 Shady Creek, Kennedale, TX (Sites 2 and 3);
Jacqueline Skaggs, 4125 Danny Dr., Kennedale, TX (Sites 6 and 7);
Lil Roberts, 6712 Oak Crest Dr. East, Kennedale, TX (Sites 2 and 3);
Wes King, Kennedale New Hope Rd., Kennedale, TX (All sites);
Danny Caraveo, 4045 Danny Dr., Kennedale, TX (Sites 6 and 7);
Ruby Busby, 6704 Oak Crest Dr East, Kennedale, TX (Sites 2 and 3);
Margie Barney, 6801 Oak Crest Dr. East, Kennedale, TX (Sites 2 and 3);
Doug Quick, 5834 Myra Drive, Mansfield, TX (Site 7);
James Kite, 408 S. New Hope Rd., Kennedale, TX (Site 7);
Mrs. James Kite, 408 S. New Hope Rd., Kennedale, TX (Site 7);
Jeanette Reynolds, 7095 Hudson Village Crk. Rd., Kennedale, TX (Sites 6 and 7);
Joe Williamson, 4320 Danny Dr., Kennedale, TX (Sites 6 and 7);
Paul Winters, 1402 Peggy Ln., Kennedale, TX (All sites);
Vicki LeGalley, 520 North Rd. #31, Kennedale, TX (Sites 2 and 3);
Gloria Price, 621 E. Mansfield Highway, Kennedale, TX (Sites 2 and 3);
Dennis Shea, 4877 Nancy Ln., Mansfield, TX (Site 7 and all other sites);
Janet Garrett, 6816 Lindale Rd., Kennedale, TX (Sites 2 and 3);
Jeri Hull, 460 S. New Hope Rd., Kennedale, TX (Site 7);
Jana Hull, 500 S. New Hope Rd., Kennedale, TX (Site 7);
Jeannine Gustafson, 6809 Oakcrest Dr. West, Kennedale, TX (Sites 2 and 3);
Becky Lies, 4105 Danny Dr., Kennedale, TX (Sites 6 and 7);
Irene J. Gassiott, 333 Linda Rd., Kennedale, TX (All sites); and
Denise Ryan, 5900 Myra Dr., Mansfield, TX (All sites);
The following concerns were expressed by the above individuals:
1. Leave current Sexually Oriented Businesses at current locations;
2. Move Sexually Oriented Businesses completely out of city limits;
3. Contain Sexually Oriented Businesses in one location only;
4. School bus drop-off locations for sites 2, 3, 6, and 7;
5. Children walking and playing in vicinity of locations 2, 3, 6, and 7;
6. Persons who frequent these types of businesses go out in the neighborhoods to
perpetrate sexual acts;
7. Break-ins;
8. Condoms, needles, tokens, and Sexually Oriented Business materials found on
grounds in vicinity where these types of locations are established and throughout
neighborhoods;
9. Disguising front entrance of businesses doesn't make business acceptable or provide
a solution to these types of businesses;
10. Disannex the areas that contain these types of businesses;
11. Accept challenge and say no to the businesses and take to Supreme Court; and
12. Locating this type of business throughout the City will drive quality housing away
from Kennedale;
2933
Persons in attendance who registered in opposition to the proposed Sexually Oriented
Business sites, but did not address Council:
Darlene Williams, 836 Trent St., Kennedale, TX;
Elvis Williams, 836 Trent St., Kennedale, TX;
Bob A. Neely, 5813 Myra Dr., Mansfield, TX;
Ann Neely, 5813 Myra Dr., Mansfield, TX;
Grant Leis, 4105 Danny Dr., Kennedale, TX;
Barbara D. Weaver, 4265 Danny Dr., Kennedale, TX;
Rick Skaggs, 4125 Danny Dr., Kennedale, TX;
Norma Leis, 4065 Danny Dr., Kennedale, TX;
Johnnie Cunningham, 4060 Danny Dr., Kennedale, TX;
Dorothy Everett, 6575 Hudson Village Cr., Kennedale, TX;
Wanda Cooley, 4265 Danny Dr., Kennedale, TX;
Bob Clemmons, 5705 Valley Ridge Ct., Kennedale, TX;
W.A. Wells, 4345 Danny Dr., Kennedale, TX;
Julian Paul Farmer, 6817 and 6821 Oakcrest Dr. W., Kennedale, TX;
Carella Randall, 6816 Oakcrest Dr. W., Kennedale, TX;
Ralph E. Mooney, 6235 Century Dr., Kennedale, TX;
Wanda Mooney, 6235 Century Dr., Kennedale, TX;
Tammie & Eve Armstrong, 5808 Myra Dr., Mansfield, TX;
Cindy Quick, 5834 Myra Dr., Mansfield, TX;
Woody Chapman, 4020 Danny Ln., Kennedale, TX;
George & Jerry Tabor, 4280 Danny Dr., Kennedale, TX;
Roxanna Wallace, 6801 Oakcrest Dr. E, Lot 2, Kennedale, TX;
Jay Brown, 4855 Nancy Ln., Mansfield, TX;
Shirley Brown, 4855 Nancy Ln., Mansfield, TX;
Jamie Jones, 4494 Kennedale New Hope Rd., Fort Worth, TX;
Jason E. Armstrong, 5808 Myra Dr, Mansfield, TX;
Sammy Boe, 4340 Danny Dr., Kennedale, TX;
Trudy Jones, 4524 Kennedale New Hope Rd., Fort Worth, TX;
Janis Boe, 4340 Danny Dr., Kennedale, TX;
Vicki LeGalley, 520 North Rd. #31, Kennedale, TX;
Dwayne Peterson, 520 North Rd. #28, Kennedale, TX;
Eva Perkins, 401 W. Linda Rd., Kennedale, TX;
Thomas Peterson, 520 North Rd., #28, Kennedale, TX;
Elaine Fountain, P.O. Box 219, Kennedale, TX;
Barbara Clemmons, 5705 Valley Ridge Ct., Arlington, TX;
Eunice Shea, 4877 Nancy, Mansfield, TX;
Matt & Brandy King, 4408 Kennedale New Hope Rd., Fort Worth, TX; '
Michael Stanford, 4086 Danny Dr., Kennedale, TX;
Kimberly Stanford, 4086 Danny Dr., Kennedale, TX; and
S.L. Simpson, 6990 E. Mansfield Hwy., Kennedale, TX
No further comments, Mayor Wright closed the public hearing at 8:20 p.m.
C. CONSENT AGENDA
1. Consider approval of minutes: workshop and regular meeting dated June 12, 2003, and
special meeting dated June 25, 2003.
2934
2. Consider approval of Resolution No. 164, Ambulance write-offs.
3. Consider approval of expenditure from Park Dedication Fund to purchase lighted
fountains for Sonora Park.
4. Consider approval of expenditure from Park Dedication Fund for lighting walking trail at
Sonora Park.
Council Member Vaughn moved to approve consent agenda items one through four,
second by Council Member Kovach. Motion carried with Vaughn, Kovach and Mitchell
voting in favor.
Mayor Wright moved to Item E prior to Item D.
E. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements - No report or announcements.
2. Council Reports/Announcements - No report or announcements.
Next, Mayor Wright moved to Item F, Executive Session prior to Item D. Mayor Wright
recessed the meeting at 8:23 p.m. to enter into executive session pursuant to Section
551.071 and Section 551.074 of the Texas Government Code.
Mayor Wright reconvened into open session at 9:59 p.m. to act upon Item D., Regular
items.
D. REGULAR ITEMS
5. Consider approval of Ordinance No. 252, an ordinance 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 regulation and location of sexually oriented
businesses, and providing for the relocation of existing sexually oriented businesses
within a reasonable period of time.
Council Member Kovach moved to approve Ordinance No. 252 designating sites 1, 4,
and 5 as Sexually Oriented Business sites; exclude site 6; and to table sites 2, 3, and 7 for
further consideration, and to direct the City Manger to look for alternative sites. Motion
died due to lack of second.
Council Member Vaughn moved to approve Ordinance No. 252 designating sites 1, 4,
and 5 as Sexually Oriented Business sites; exclude sites 6 and 7; and to table action on
sites 2 and 3, as well as direct the City Manager to look for alternative sites. Motion
second by Council Member Mitchell. Motion carried with Vaughn, Mitchell and Kovach
voting in favor.
Council Member Kovach informed the citizens that Council is in the process of making
improvements to the Oak Crest Addition area as promised, but there are legal situations
that have to be met, and Council is striving to make those gains. He said that there are
many misconceptions, but due to legalities, he could not elaborate on those issues, but did
want the citizens to know that Council is working toward improvements in that area.
2935
F. EXECUTIVE SESSION
Mayor Wright recessed the meeting at 10:05 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 of any item
posted on the agenda and legal issues regarding amortization of nonconforming uses;
reconstruction of Dick Price Road; 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
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. Board of Adjustment
G. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON
ITEMS DISCUSSED IN EXECUTIVE SESSION.
Mayor Wright reconvened into open session at 12:18 a.m. with no action taken on executive
session items.
H. ADJOURNMENT
Council Member Kovach moved to adjourn the meeting at 12:19 a.m., second by Council
Member Vaughn. Motion carried unanimously.
'I
1~
~. F KENNF •,,
~ ~.....,
:' O O
' ,'9
=~j• :~~;
*. ~-
APPROVED: ~'~ ~~'.,2003
May r, Mark S. Wright
Ka y Turn •, City Secretary
X29
MINUTES
KENNEDALE CITY COUNCIL
PRE-COUNCII. WORKSHOP -JULY 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 Mitchell, Vaughn, and Kovach.
Members absent: Council Members Clark and Barrett
Staff present: David Miller, City Manager, Kathy Turner, City Secretary, Don Burns, Director of
Public Works, Li Jen Lee, Director of Finance, Dan Dittfurth, Fire Chief, and legal counsel,
Wayne K. Olson.
A. REGULAR ITEMS
1. City Manager Report
Mr. Miller provided an update on legislative issues; then questioned Council as to how
they would like to see month end reports from department heads. Council preferred
hearing from the department heads since each had to attend the meeting. Mr. Miller
replied his report would change because at present, the format would be a duplication of
the department heads report.
Next, Council discussed moving the meeting time. It was agreed upon to schedule the
August meeting at 4:00 p.m. Council said if the earlier starting time proved to be a
hardship for the citizens, they would reconsider.
Mr. Miller reminded Council of the all day budget workshop scheduled for Thursday,
July 31. He said Council would be reviewing a zero based budget, revenue projections,
presentation on a five year infrastructure plan from Cheatham and Associates, and a five
year vehicle rotation plan.
Li Jen Lee, Director of Finance reported on the sales tax report, and revenue and
expenditures for the period ending May 31, 2003. She then addressed the projected
financial position for the general, water and sewer funds.
Discussion then took place regarding fines and forfeitures. Court revenues are down, and
Mr. Miller feels that this is due to revenues being projected on prior year budgets. He
said figures would be re-worked based upon current history, which would reflect a
conservative number. Li Jen said fines have increased; however, warrant fees are still
down.
Mr. Miller said several options would be presented during the budget workshop on
collections, but the intent is to actively collect on any warrant that is signed within the
first six months. After this period, warrants would be turned over to a collection agency.
He said it is hard to get a handle on the numbers, but will work hard to resolve the issue.
2930
Mr. Miller also spoke of changes to the citation procedures. Council Member Vaughn
requested personnel from the Court to attend the next meeting to answer questions that
may arise.
2. Discussion regarding agreement with City of Fort Worth for reconstruction and use of
Dick Price Road
Mr. Miller said this item would be discussed in more detail during executive session.
3. Discussion regarding regulation and location of Sexually Oriented Businesses.
Mayor Wright reported that he had attended the Planning and Zoning Commission public
hearing and heard many concerns expressed about the potential sites. He said
Commissioners' recommended removing sites six and seven.
Mr. Olson, City Attorney said that in order to satisfy the courts, Council has to determine
that these businesses adversely affect surrounding properties, which the study says they
do. He said a study was completed due to challenges Kennedale received from a couple
of the businesses, which will help Kennedale avoid a challenge, but a reasonable number
of suitable sites has to be established for the businesses to relocate to.
4. Discussion on any other item on the agenda, if needed.
Don Burns, Director of Public Works advised that the park lighting expenditure should
reflect a total of $10,469 versus $14,469. He said $4,000 of the $10,469 is for digging
ditches, which the city can do, if Council would authorize the expenditure from the park
fund for rental of the equipment bringing the bid to $6,469 to Stovall and $1,500 to the
City of Kennedale.
B. ADJOURNMENT
Mayor Wright adjourned the workshop at 6:47 p.m.
~'~~ F EN F ~"
;~p K...N p",
~~ •~ ,
•... ~:,
;V:
*.
• ;fit
a: ~_
. ~C
_ ~ ~~~
City Secretary
APPROVED: ~.1~.2-bp3
Mayor, Mark S. Wrig
is ~