11.13.2003 CC Minutes2960
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING -NOVEMBER 13, 2003
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Wright called the meeting to order at 4:32 p.m.
Members present: Mayor Wright, Council Members Clark, Mitchell, Barrett, and Vaughn.
Council Member Barrett departed at 4:50 p.m.
Members absent: Council Member Kovach.
Staff present: David Miller, City Manager; Margaret Eichelberger, Assistant to City Manager;
Kathy Turner, City Secretary; LiJen Lee, Director of Finance; Don Burns, Director of Public
Works; Jim Rutledge, Police Chief; Dan Dittfurth, Fire Chief; and legal counsel, Wayne K.
Olson.
I. WORK SESSION
A. DISCUSSION ON PROPOSED ORDINANCE RELATING TO OIL & GAS
DRILLING
City Manager briefly reviewed proposed ordinance with Council. Council discussed
some recommendations, which included drilling only in industrial areas with stipulations
implemented, times of operation to permit drilling, and review of floodplain area. It was
suggested to forward the ordinance to the Planning and Zoning Commission for their
review and recommendation.
B. DISCUSSION ON ANY OTHER ITEM ON THE AGENDA, IF NEEDED.
A brief discussion took place regarding consent agenda items with a recommendation to
include a vision rider with dental carrier Principal Financial.
C. RECESS WORK SESSION TO ENTER INTO REGULAR SESSION
Mayor Wright recessed the work session at 4:49 p.m.
II. REGULAR SESSION
A. RECONVENE AND CALL REGULAR SESSION TO ORDER
Mayor Wright reconvened into regular session at 4:50 p.m., and entered into executive
session.
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 on any item
posted on the agenda and legal issues regarding amortization of nonconforming uses;
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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
f. Interlocal Agreement with City of Arlington.
g. Refund of Roadway Assessment Fee
C. RECONVENE INTO CITY COUNCIL CHAMBERS FOR REGULAR SESSION
AND CONSIDER ACTION, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE
SESSION.
Mayor Wright reconvened into open session at 5:32 p.m.
D. INVOCATION AND PLEDGE OF ALLEGIANCE
David Miller, City Manager gave the invocation followed by the Pledge of Allegiance.
E. VISITOR/CITIZENS FORUM
The following persons registered to address Council against the increase in water/sewer
rates: Jim Haddock of 1407 Wren Ct., Kennedale, TX; Delbert Brown of 102 Arthur Dr.,
Kennedale, TX; Bobby Roberts of 604 E. Mansfield Cardinal Rd., Kennedale, TX; and
Billy Conatser of 801 Paula Ln., Kennedale, TX.
Rick Trevino of 723 Woodland Ct., Kennedale, TX addressed Council in favor of the
water rate increase. Mr. Trevino stated he worked in a water department for a nearby city
and said the increase was necessary to help prepare for Homeland Security issues.
F. PUBLIC HEARINGS
To receive citizens' comments regarding a Final Plat of Brookstone Estates,
requested by John Zimmerman. Legal Description: 71.7 acres out of Tracts SA and
SB, J.B. Renfro Survey, Abstract 1260.
Cheryl Abbott of 330 Little School Rd., Kennedale, TX addressed Council regarding
the Brookstone Estates Final Plat. Mrs. Abbott said the developer had meet with her
and answered her questions; however, she still had concerns with the masonry wall,
additional traffic that would be generated on Little School Rd. from the development,
upkeep of Little School Rd., and the maintenance of the right-of--way once masonry
wall was established.
Adlai Pennington of MKP & Associates, Inc., developer for Brookstone Estates
registered in favor of the Final Plat and said he would be available for any questions
that Council may have.
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2. To receive citizens' comments regarding Zone Change Application 03-04, Petitioned
by Property Owner, Carter Lee for the rezoning of the following: Lots 1-11, Block 7,
Hilldale Addition from "AG" Agriculture to "R-3" Single Family Residential; Lots 1-
5, Block 8, Hilldale Addition from "AG" Agriculture to "R-2" Single Family
Residential; and Lots 6-11, Block 6, Hilldale Addition from "R-3" Single Family to
"R-2" Single Family Residential.
Jim Maibach of 1703 North Peyco Dr., Arlington, TX addressed Council in favor of
Zone Change 03-04. Mr. Maibach, representing Shady Creek East homeowners
requested that Harrison Drive tie in with Clint Street to open access through the
subdivision. He also requested of the developer that R-2 homes carry a minimum of
2,500 square foot homes excluding garage with 100 percent masonry construction on
exterior walls, and R-2 homes carry a minimum of 2,000 square foot homes
excluding garage with 100 percent masonry construction on exterior walls.
3. To receive citizens' comments regarding Zone Change Application 03-05, Petitioned
by Falcon Wood Estates, Inc. on behalf of Property Owner, 64-Acre Joint Venture;
Bill Bowerman for the rezoning of the following: Approximately 200' of the northern
portion of Tract 1, B. Jopling Survey, Abstract 880 from "AG" to "R-1" Single
Family Residential.
Rick Trevino of 703 Woodland Ct., Kennedale, Texas registered in favor of Zone
Change 03-05. Mr. Trevino said the approval of the zone change would allow for the
development to move ahead and would broaden the tax base for Kennedale.
4. To receive citizens' comments regarding 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. Proposed site locations are identified
as (1) Woodlea Business Park, Block 1 R, Lot 2R, located in the 100 Block of Pecan
Drive containing 3.7899 acres; (2) Beedy, Thomas Survey, A-378, Tracts lY and 1Z,
located in the 1200 Block of East Mansfield Highway containing 3 acres; (3)
Hudson, Wade H Survey, A-716, Tract 3E located in the 7000 Block of East
Mansfield Highway containing 1.9320 acres; (4) Hudson, Wade H Survey, A-716,
Tract 3G1 located in the 6900 Block of East Mansfield Highway containing 3 acres;
and (5) Rouche, Peter Survey, A-1338, Tract lA located in the 1400 Block of Eden
Road South containing 1 acre.
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. However, if Council does not establish addition locations, then the
Court could remove the authority from the City to regulate these types of
establishments, and the Courts would then regulate their locations.
Mr. Olson went on to advise that three settlements have been agreed upon, but two
still remained. 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.
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Persons in attendance who addressed Council in opposition to the proposed Sexually
Oriented Business sites:
Ron McKuin, 6800 Rickey Ln., Arlington, TX (Owner of Site 1);
Abigail Mooradian, 617 Ruth Dr., Kennedale, TX;
Glendon Stokes, 4614 E. Holida Est. Ct., Granbury, TX (Owner of property next to
Site 5);
William Nave, 7141 Mansfield Hwy. Kennedale, TX;
Paul Winters, P.O. Box 155, Kennedale, TX;
Rick Trevino, 703 Woodland Ct., Kennedale, TX;
Marvin Raines, 600 Ruth Dr., Kennedale, TX (Pastor of Liberty Church);
Margie Lowery, 301 W. Broadway, Kennedale, TX;
Robert Patterson, P.O. Box 73, Kennedale, TX;
Eric Elam, 349 Kennedale Sublett Rd., Kennedale, TX;
David Fuller, 929 Bowman Springs Rd., Kennedale, TX (Pastor of Tabernacle of
Praise)
Doyle Riley, P.O. Box 5833, Acton, TX;
Jim Norwood, 813 Shady Creek, Kennedale, TX; (Pastor of Oak Crest Church);
Steve Radakovich, 733 E. Mansfield Hwy., Kennedale, TX;
Janet Garret, 6717 Lindale Rd., Kennedale, TX;
Francis Hill, 705 Paula Ln., Kennedale, TX;
Patricia Mihail, 305 Aurthur Dr., Kennedale, TX;
Mike Garrett 6817 Lindale Rd., Kennedale, TX; and
Samuel Simpson, 6990 E. Mansfield Hwy. Kennedale, TX
The following concerns were expressed by the above individuals:
1. Questioned how property was selected for this type of business and why property
owner was not notified prior to selection;
2. Establish a distance requirement from residence/school/church;
3. Re-locating this type of business throughout the City will drive quality housing
away, as well as prevent businesses from locating in Kennedale;
4. Site 5 location is within an industrial area with no water/sewer availability;
5. Leave current Sexually Oriented Businesses at current locations (one area) and
enforce current ordinances and laws;
6. Move Sexually Oriented Businesses completely out of city limits;
7. Gather citizens together and protest businesses and force shutdown; and
8. Disannex the Oak Crest area.
Persons in attendance who registered in opposition to the proposed Sexually Oriented
Business sites, but did not address Council:
Sheri Brewer, P.O. Box 222, Kennedale, TX;
Chris Mooradian, 617 Ruth Dr., Kennedale, TX;
Tammy Patterson, 400 Little School Rd., Kennedale, TX;
Billy J. Conatser, 801 Paula Ln., Kennedale, TX;
Pamela Moore, 835 Lakeview Ridge Dr., Fort Worth, TX (Pam's Country Cafe); and
Hayes Gardner, 1000 Mansfield Cardinal Rd., Kennedale, TX.
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5. To receive citizens comments' regarding a proposed ordinance amending Chapter 17
of the Kennedale City Code (1991), as amended, by revising parking regulations in
residential "R-1" and "R-2" Districts; prohibiting front entry garages in such districts;
removing carports from parking requirements in such districts.
No persons registered to speak for or against proposed ordinance.
G. CONSENT AGENDA
1. Approval of minutes: regular meeting dated October 9, 2003; special meeting dated
October 21, 2003, and special meeting dated November 6, 2003.
2. Consider approval of Ordinance No. 261, Zone Change Application 03-04 Petitioned
by Property Owner, Carter Lee.
3. Consider approval of Ordinance No. 262, Zone Change Application 03-05, Petitioned
by Falcon Wood Estates, Inc. on behalf of Property Owner, 64-Acre Joint Venture;
Bill Bowerman.
4. Consider approval of Ordinance No. 263, amending Chapter 17 of the Kennedale
City Code (1991), as amended, by revising parking regulations in residential "R-1"
and "R-2" Districts; prohibiting front entry garages in such districts; and removing
carports from parking requirements in such districts.
5. Consider approval of Resolution No. 168 approving write-off of inactive utility
accounts for fiscal year 2001-2002.
6. Consider approval of Resolution No. 169 declaring certain property surplus and/or
salvage and authorizing the sale of said property.
7. Consider approval to award bids for Health/Dental/Life & AD & D insurance.
Council Member Vaughn moved to approve consent agenda items one through seven,
and to include Principal Financial Vision Rider along with health, dental and life
coverage, second by Council Member Clark. Motion carried with Vaughn, Clark and
Mitchell voting in favor.
H. REGULAR ITEMS
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.
Council Member Clark moved to approve Final Plat of Brookstone Estates, second
by Council Member Vaughn. Motion carried with Clark, Vaughn, and Mitchell
voting in favor.
9. Consider approval of Developer's Agreement for Brookstone Estates.
Council Member Vaughn moved to approve Developer's Agreement for Brookstone
Estates, second by Council Member Mitchell. Motion carried with Vaughn, Mitchell,
and Clark voting in favor.
10. Consider approval of Ordinance No. 264, 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
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businesses; and providing for the relocation of existing sexually oriented businesses
within a reasonable period of time.
Council Member Clark moved to deny Ordinance No. 264, second by Council
Member Vaughn. Motion carried with Clark, Vaughn, and Mitchell voting in favor.
11. Consider casting five votes collectively or separately for the Board of Tarrant
Appraisal District.
Council Member Clark moved to cast five votes collectively for Joe Potthoff, second
by Council Member Mitchell. Motion carried with Clark, Mitchell, and Vaughn
voting in favor.
I. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements
Mayor Wright reminded Council Members of the annual Mayor's Christmas
Banquet.
2. Council Reports/Announcements
No reports or announcements were made from Council.
Mayor Wright then entered back into executive session pursuant to Section 551.071 of
the Texas Government Code at 7:45 p.m. and reconvened into open session at 8:46 p.m.,
with no action taken on executive session items.
J. ADJOURNMENT
Council Member Vaughn moved to adjourn the meeting at 8:47 p.m., second by Council
`,, ~~,,,,~ember Mitchell. Motion carried.
1(~/~~ ' APPROVED:
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A P ~~ Mayor, Mark S. W ' t
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Kathy Tui er, City Secretary