02.14.2002 CC Minutes2816
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING -FEBRUARY 14, 2002
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BUILDING
COUNCIL CHAMBERS
Mayor Wright called the meeting to order at 7:06 p.m.
Members present: Mayor Wright, Councilmembers Clark, Hoover, Barrett, Vaughn and Kovach.
Members absent: None
Staff present: Ted Rowe, Kathy Turner, LiJen Lee, Dave White, Linda Royster, Mort Wetterling,
and legal counsel, Wayne K. Olson.
Councilmember Barrett gave the invocation.
A. PUBLIC HEARINGS
1. To receive citizen comments on a proposed ordinance amending provisions regarding
amortization of nonconforming uses in overlay zoning districts.
To clarify the proposed ordinance, Wayne Olson, legal counsel provided a brief
background stating that in 1993 the City adopted a regulation and zoning ordinance
creating a corridor overlay zone that provides for amortization of non-conforming uses,
which means it gave a time period for those uses to continue. Since the inception of the
ordinance, the City has expanded the corridor to I-20/Loop 820 and includes part of the
service road. The City is now amending the provisions that require the amortization of
certain non-conforming uses to provide that two of those requirements, which are all
buildings, be constructed of masonry and that certain landscaping provisions are
installed. These two provisions will not be required to be met by existing businesses
unless those businesses expand by more than thirty percent (30%). If a business chooses
to expand more than thirty percent (30%), they would be required to comply with the
masonry and landscaping requirements.
Seven people registered against the proposed ordinance and are listed below.
1. Billy Ray Sims, for Tracey's Cafe, 7089 Mansfield Highway, Kennedale, Tx.,
2. W.A. Willis, 1004 Mansfield Highway, Kennedale, Tx.,
3. Kenny Pence for Hogan Hardwoods, 705 W. Mansfield Highway, Kennedale, Tx.,
4. Pate & Pate, LLC, 780 W. Mansfield Highway, Kennedale, Tx.,
5. Doyle Riley for Riley Machine & Welding, 814 E. Mansfield Highway, Kennedale,
Tx.,
6. Bill Jones, 735 W. Mansfield Highway, Kennedale, Tx, and
7. Sherry Cavasos, 525 and 535 W. Mansfield Highway, Kennedale, Tx.
Three of those seven addressed Council with the following concerns:
1. Doyle Riley questioned how the proposed ordinance would affect his business.
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2. Bill Jones addressed the Business 287 highway widening and questioned if the City
was intending to take an additiona125' for right-of--way.
3. Sherry Cavasos addressed the zoning of her property relating to residential being
located in a commercial zoning, as well as rumors of the city seeking an additional
25' foot right-of--way for beautification. Mrs. Cavasos requested proper notification
as to what is taken place regarding the Mansfield Highway as well as clarification
from the Council on the matter.
To receive citizen comments regarding projects to be funded under the Community
Development Block Grant (CDBG) Program for the twenty-eighth year.
Dave White, Project Coordinator explained that the 28"' year Community Development
Block Grant project would include extending the sewer line east and west up Swiney
Hiett Road as far as the funds would allow.
No persons registered to speak regarding this project.
To receive citizen comments to consider the amendment of land use assumptions, a
capital improvements plan, and the imposition of water and wastewater impact fees.
Mickey Fishbeck, Consultant with Rimrock Consulting Company gave a brief synopsis
of the development and implementation of water and wastewater impact fees.
No persons registered to speak on this item.
4. To receive citizen comments to consider the land use assumptions and capital
improvements plan under which a roadway impact fee may be imposed.
Mickey Fishbeck, Consultant with Rimrock Consulting Company stated that tonight's
hearing was the required first hearing to receive input on the land use assumptions of the
planning elements, and capital improvements program. A second hearing would be
scheduled for April 2002, which will cover the actual roadway impact fee itself. Ms.
Fishbeck said the next steps would include Council adopting a resolution to amend the
land use assumptions and CIP, then adopt an ordinance to include the roadway impact
fees.
No persons registered to speak on this item.
5. To receive citizen comments on naming the City Park.
No persons registered to speak regarding the naming of the City Park.
B. VISITOR/CITIZENS FORUM
Mrs. Terrie Harrison of 936 N. Little School Road, Kennedale, Tx., addressed Council
regarding the completion of Little School Road widening project, and drainage problems she
has encountered since the widening project has taken place.
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Mrs. Harrison was advised that staff is currently working with the city's engineer to resolve
the drainage issue, and the projected scheduled completion date is set for the last week of
March 2002.
C. CONSENT AGENDA
1. Approval of city council minutes: Workshop and regular meeting dated January 10, 2002,
and Special Meeting dated January 24, 2002.
3. Approval of Resolution No. 142 calling for a public hearing on April 11, 2002 regarding
the adoption of a roadway impact fee.
4. Approval of Resolution No. 143 calling for a General Election to be held on May 4,
2002.
5. Approval of Ordinance No. 231 amending provisions regarding amortization of
nonconforming uses in overlay zoning districts.
Councilmember Clark recommended removing item two for discussion.
Councilmember Clark moved to approve items 1, 4, and 3 and 5 with amendments
provided by legal counsel, second by Councilmember Kovach. Motion carried.
D. REGULAR ITEMS
2. Approval of Resolution No. 141 approving land use assumptions and capital
improvements plan to be used in support of roadway impact fees.
Councilmember Clark moved to approve Resolution No. 141 approving land use
assumptions and capital improvements plan to be used in support of roadway impact fees,
second by Councilmember Barrett. Motion carried.
6. Consider approval of Audit for Fiscal Year 2000-2001.
Councilmember Barrett moved to approve the 2000-2001 Audit, second by
Councilmember Vaughn. Motion carried.
7. Consider approval of Ordinance No. 230, water and wastewater impact fee ordinance.
Legal Counsel recommended tabling Ordinance No. 230 to allow counsel the opportunity
to amend the existing water and wastewater fees already codified in the city's code book.
Councilmember Barrett moved to table Ordinance No. 230, second by Councilmember
Kovach. Motion carried.
8. Consider selection of Community Development Block Grant (CDBG) 28`h Year Project.
Councilmember Barrett moved to approve the 28`" year Community Development Block
Grant, Froject No. B02-UC-48-0001-40-15, to extend a 6" sanitary sewer main, east and
west down the center of Swiney-Hiett with laterals to property lines, second by
Councilmember Kovach. Motion carried.
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9
Consider Park Board recommendation for naming the City Park.
Councilmember Clark recommended that this item be forwarded back to the Park Board
to allow the board to hold a public hearing and come back before Council with a
recommendation due to the nature of calls he had received where citizens were not aware
of the naming of the Park. He felt that the naming should not be a decisive issue for the
city.
Councilmembers Kovach and Barrett recommended proceeding with the naming of the
park as the park board had reviewed this item on several occasions and had made a
formal recommendation on the naming of the park.
Vice-Chairman, Robert Duval of the Park Board was present and stated that the naming
of the park had been discussed on several occasions at their meetings, which was
properly posted and no one ever attended or furnished any written comments on it.
Therefore, they unanimously forwarded a recommendation to Council to name the park
Sonora Park.
Councilmember Vaughn also stated that she had received phone calls on the naming of
the park, and felt that the citizens should be allowed one more opportunity to be heard.
She also said that the naming of the park should be an honor and not an embarrassment or
decisive issue for the citizens of Kennedale.
Councilmember Hoover agreed that citizens should be given the opportunity to be heard
before making any decision on the naming.
Councilmember Barrett moved to name the City Park Sonora Park, second by
Councilmember Kovach. Councilmembers Barrett and Kovach voted for,
Councilmembers Clark and Hoover were opposed, and Councilmember Vaughn
abstained, which created a tie vote. Mayor Wright voted in favor to break the tie and
motion carried.
10. Consider purchase of Hillcrest Water System.
Councilmember Kovach moved to approve contract for the sale, transfer, merger
application of the Hillcrest Water System, second by Councilmember Barrett. Motion
carried.
11. Discussion on prohibiting weapons in city owned buildings.
Legal Counsel addressed issues relating to carrying weapons in city owned buildings and
stated that he could provide a draft ordinance. It was recommended that the ordinance be
placed on the March agenda for action.
12. Consider approval of Engineer's proposal to design reconstruction of East Sublett Road.
Councilmember Barrett moved to approve proposal for Phase I and II regarding
reconstruction of East Sublett Road and to expend funds from the developer's
contribution for East Sublett Road, second by Councilmember Kovach. Motion carried.
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13. Consider approval to waive minimum water fee for second structure (Mr. Schmalried).
Item died due to lack of motion.
14. Consider adjustment of charges to 1998 bond proceeds.
City Manager, Ted Rowe explained that on the 1998 bond proceeds, the water
improvements went over by $629,824.33. He suggested that Council get money from the
SIB loan in the amount of $298,000 (money equivalent to the engineers portion of the
project) and take $179,000 from the water/sewer available funds to pay the water's share
of the bond proceeds, which would put the balance back in the bond status.
Director of Finance, LiJen Lee advised that she had a correction to make on the engineer
fee. She stated that out of the $298,000 engineer fee, the city has to pay 20% of the total
cost, so the City could only expect to get 20% back from the $298,000, which is
$240,000 instead of $179,000.
Councilmember Barrett requested that city staff provide council with a breakdown of the
corrected figures reflecting the single payment and three year pay-out to the bond
proceeds and present back before Council at the next meeting.
Councilmember Barrett moved to table this item, second by Councilmember Hoover.
Motion carried.
15. Consider approval of TxDOT Advance Funding Agreement, authority to arrange State
Infrastructure Bank funds be deposit to city account and transmittal of check.
Councilmember Hoover moved to approve advanced payment agreement and authority to
notify the State to transfer the $1 million SIB funds to the City account and to transmit a
check for $857,189 to TxDOT, second by Councilmember Kovach. Motion carried.
E. STAFF COMMENTS
1. City Manager Report
City Manager, Ted Rowe advised that the city's sales tax report reflects a 10% increase in
revenues, and the T-3 well will be on line tomorrow with a total cost of replacement at
$32,000.
2. Project Coordinator Report
Project Coordinator, Dave White provided an update on Little School Road and East
Sublett Road reconstruction projects.
F. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
There were no mayor/council reports or announcements.
G. EXECUTIVE SESSION
Mayor Wright entered into executive session at 8:56 p.m.
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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 (1) 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; (2) legal issues regarding amortization of nonconforming uses and
(3) litigation, settlement offers, and/or claims.
a. Discussion on abatement issues.
b. County of Tarrant, Texas v. Jerry Coyel; Cause No. 348-185513-00
c. Wheeler Automotive v. City of Kennedale; Cause No. 342-187477 O1 (126-
01-01)
d. Apache Iron/Metal & Auto Salvage, Inc. v. City of Kennedale; Cause No.
348-187627 01 (131-01-01)
e. Robert S. Mhoon v. City of Kennedale
f. Greg B. Gauntt v. City of Kennedale; Cause No. 96-17785-01
~. Police Chief
2. The City Council met in closed session to deliberate the purchase, exchange, or value of
real property, Section 551.072, Texas Government Code.
1. The City Council met in closed session to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee,
Section 551.074, Texas Government Code.
a. Renewal of City Manager Contract
H. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON
ITEMS DISCUSSED IN EXECUTIVE SESSION.
Mayor Wright reconvened into open session at 9:27 p.m., and no action was required on
executive session items.
I. ADJOURNMENT
Councilmember Clark moved to adjourn, second by Councilmember Kovach. Motion
carried. Meeting adjourned at 9:30 p.m.
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MINUTES OF
KENNEDALE CITY COUNCIL
WORKSHOP -FEBRUARY 14, 2002
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BUILDING
PRE-COUNCIL CHAMBERS
Mayor Wright called the workshop to order at 6:15 p.m.
Members present: Mayor Wright, Councilmembers Clark, Barrett, Vaughn and Kovach.
Councilmember Hoover arrived at 6:25 p.m.
Members absent: None
Staff present: Ted Rowe, Kathy Turner, Mort Wetterling, Dave White and LiJen Lee.
A. WORKSHOP
1. Briefing by Mr. Joel Burns on upcoming events through Southwest Metroplex Alliance.
Mr. Joel Burns, Executive Director with Southwest Metroplex Alliance addressed
Council with upcoming SMA activities and thanked Kennedale for its ongoing
participation. He addressed each event, which included the 2002 Annual Assembly,
SMA Regional Allies Day, SMA Special Events Workshop and Spring Joint Chamber
Luncheon
2. Briefing with Legislative Consultant, Mr. Gib Lewis.
Mr. Gib Lewis, Legislative Consultant for the Southwest Metroplex Alliance cities gave a
brief overview as to how he assists in the review and tracking of bills introduced into the
house and senate. He also stated that he attends all committee meetings during session,
monitors what State agencies are doing and provides a weekly update to all SMA cities to
keep them informed as to what might affect them.
Mr. Lewis thanked Council for their continued support and said he looked forward to
working with them during the year.
3. Review of audit for Fiscal Year 2000-2001.
Mr. Todd Pruitt and Mr. Chris Pruitt with Pattillo, Brown & Hill, L.L.P., were present to
review the audit. Mr. Todd Pruitt, partner with the firm visited with Council and thanked
members for the opportunity in allowing them to engage in the city's audit. He also
thanked LiJen Lee for her assistance in making the audit transition a smooth one.
Next, Mr. Chris Pruitt, Auditing Manager briefly addressed the financial statements and
notes. In the notes, he addressed GASB 34 and informed Council that this would change
the way that financial reports are presented to the public within the next three-years and
that the city's deadline to meet the GASB requirement is 2003. He also suggested that
the city look into grants for additional funding of future projects.
B. ADJOURNMENT
Mayor Wright adjourned the workshop at 6:50 p.m.
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