10.09.2003 CC Minutes2954
MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING -OCTOBER 9, 2003
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the meeting to order at 4:34 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; Jim Rutledge, Police Chief; and legal counsel, Wayne K.
Olson.
I. WORK SESSION
A. DISCUSSION ON ANY ITEM ON THE AGENDA, IF NEEDED.
Council briefly discussed the Final Plat of Brookstone Estates. It was noted that the
developer had requested the item be tabled; however, no letter had been received from
the developer for such action. Therefore, during regular session, Council will deny
contingent upon developer submitting a letter to waive 30-day approval.
B. RECESS WORK SESSION TO ENTER INTO COUNCIL CHAMBERS FOR
REGULAR SESSION
Mayor Wright recessed the work session at 4:50 p.m.
II. REGULAR SESSION
A. RECONVENE AND CALL REGULAR SESSION TO ORDER
Mayor Wright reconvened into regular session at 4:52 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Council Member Barrett gave the invocation followed by the Pledge of Allegiance.
C. EXECUTIVE SESSION
Mayor Wright recessed the meeting at 5:03 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
on any item posted on the agenda and legal issues regarding amortization of
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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
e. Wheeler's Motor Service v. Board of Adjustment; Cause No. 153-201934-03
2. The City Council met in closed session to deliberate the purchase exchange, or value
of real property, Section 551.072, Texas Government Code.
3. The City Council met in closed session to deliberate regarding commercial or
financial information received from a business prospect pursuant to economic
development negotiations, or financial or other incentives to a business prospect,
Section 551.087, Texas Government Code.
D. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY,
ON ITEMS DISCUSSED IN EXECUTIVE SESSION.
Mayor Wright reconvened into open session at 6:35 p.m.
E. VISITOR/CITIZENS FORUM
Mrs. Margie Lowery of 301 W. Broadway Street, Kennedale, Texas addressed Council
with concerns relating to code enforcement throughout town, and the increase in water
rates.
Mr. Frank Fernandez of 911 Shady Vale Dr., Kennedale, Texas addressed Council with
questions relating to tax exemptions referring specifically to a homestead exemption.
Mrs. Delaine Clifton of 203 Bowles Ct., Kennedale, Texas addressed Council with
concerns relating to the increase in water rates, and West Nile virus.
F. PUBLIC HEARINGS
To receive citizens comments regarding Zone Change request of Tract 2, Abstract
1075, E.R. Mingus Survey in Kennedale, Texas, from "R-1" Single Family
Residential District to that of "D" Two Family Duplex Residential District, as
requested by Riverview Development Corporation.
No persons registered to speak for the public hearing; however the following persons
registered against the proposed zone change:
B.J. Till, 201 Bowles Ct., Kennedale, TX;
Gary & Annette Anderson, 306 Mistletoe Dr., Kennedale, TX;
Kenneth &Delaine Clifton, 203 Bowles Ct., Kennedale, TX;
Sam & Susan Martin, 202 Bowles Ct., Kennedale, TX;
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2. To receive citizens comments regarding a Final Plat of Brookstone Estates in
Kennedale, Texas, as requested by John Zimmerman. Legal Description: 71.7 acres
out of Tracts SA and SB, Abstract 1260, J.B. Renfro Survey in Kennedale, Texas.
Mr. Jerald Beck of 3550 S. Fielder Rd., Arlington, TX addressed Council on behalf
of MKP & Associates. Mr. Beck requested a 30-day waiver from Council for the
final plat of Brookstone Estates.
Mrs. Tammy Patterson of 400 Little School Rd., Kennedale, TX. addressed Council
with various concerns related to the process of the Final Plat for Brookstone Estates.
Those concerns included bad communication between the homeowners and
developer; drainage issues; guidelines for perimeter walls; impact fees for Little
School Road; increased traffic and the affect it would have on fire and police.
I
G. CONSENT AGENDA
1. Approval of minutes: workshop dated August 5, 2003, and regular meeting dated
September 11, 2003.
2. Consider approval of Interlocal Agreement to sell air packs, and related equipment to
Cockrell Hill Fire Department, and authorize a portion of proceeds to renovate cab of
1996 E-One fire apparatus.
3. Consider approval to authorize Mayor to execute engagement letter with Pattillo,
Brown & Hill, L.L.P. for the year ended September 30, 2003 financial audit.
4. Consider approval of Resolution No. 166 to approve the City of Kennedale
Investment Policy.
5. Consider approval of Resolution No. 167 authorizing the City Manager to execute an
Electric Supply Agreement pursuant to CAPP.
6. Consider approval of Ordinance No. 260 appointing Interim Judge and Associate
Judges to Municipal Court.
7. Consider approval of Contract No. 03-02 for billing and collection of Emergency
Medical Services Fees.
Council Member Clark moved to approve consent agenda items 1-7, second by
Council Member Barrett. Motion carried.
G. REGULAR ITEMS
8. Consider action on Zone Change request for Tract 2, Abstract 1075, E.R. Mingus
Survey in Kennedale, Texas, from "R-1" Single Family Residential District to that of
"D" Two Family Duplex Residential District, as requested by Riverview
Development Corporation.
Council Member Barrett moved to deny zone change request, second by Council
Member Clark. Motion carried.
9. Consider approval of Final Plat for Brookstone Estates, as requested by John
Zimmerman. Legal Description: 71.7 acres out of Tracts SA and SB, Abstract 1260,
J.B. Renfro Survey in Kennedale, Texas.
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Council Member Vaughn moved to table Final Plat for Brookstone Estates, second
by Council Member Barrett.
A brief discussion followed regarding masonry applicable to screening walls,
developer meeting with homeowners, impact fees, and the continuance of the public
hearing at the November 13 meeting.
No further discussion, motion carried with Council Members Vaughn, Barrett, Clark,
and Mitchell voting in favor to table plat until November 13 meeting.
I. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements
It was announced that tickets were on sale to the Chamber Harvest Fest, which is
scheduled for October 25, 2003 at Glen Garden Country Club.
2. Council Reports/Announcements - No reports/announcements.
J. ADJOURNMENT
Council Member Vaughn moved to adjourn the meeting at 7:15 p.m., second by Council
Member Barrett. Motion carried.
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Kathy Turner, City Secretary