05.09.2002 CC Minutes2835
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING -MAY 9, 2002
405 MUNICIPAL DR - KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
Mayor Wright called the meeting to order at 7:30 p.m.
Members present: Mayor Wright, Councilmembers Clark, Barrett, Vaughn, and Kovach.
Members absent: None
Staff present: Ted Rowe, Margaret Eichelberger, David Miller, and legal counsel, Wayne K.
Olson
Councilmember Barrett gave the invocation, followed by the Pledge of Allegiance.
A. PUBLIC HEARINGS
1. To receive citizen comments regarding a Re-plat of Lot 3, Block 5, Rolling Acres
Addition into two lots to be identified as Lot 3RA and Lot 3RB, Block 5, Rolling Acres
Addition located at 613 Treepoint Drive, Kennedale, Texas, and a request for a variance
from the requirements to construct a masonry screening wall. Requested by Mr.
Dempsey Farmer.
Mr. Dempsey Farmer who resides at 1150 E. Kennedale Sublett Road, Kennedale, Tx.,
signed in favor of the re-plat.
No other persons registered to speak for or against the re-plat or variance.
To receive citizen comments regarding a request for a change of zoning classification
from that of "C-1" Restricted Commercial to that of "C-2" General Commercial. The
property is identified as Tract 2A1B, Abstract 987, M.P. Lamar Survey and Tract 8A4,
Abstract 1376, David Strickland Survey located at 1129 N. Little School Road.
Applicant is Mr. James Pruett of Arlington, Texas representing the property owner of Ms.
Sandra Wyld Bonelli of Petaluma California.
This item was withdrawn.
B. VISITOR/CITIZENS FORUM
Ms. Renee Cooper who resides at 302 W. Mistletoe Dr., Kennedale, Tx. addressed Council
with a request of the following material:
1. Copy of revisions to personnel policy; and
2. Copy of qualifications for Fire Chief and salary; and
3. Qualifications for Assistant City Manager; and
4. Copy of Financial Statements for last five years
Ms. Cooper was advised by legal counsel that all material was open record, and to see the
City Secretary for directions on how to obtain the material.
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C. REGULAR ITEMS
1. Approval of minutes: Workshop and regular meeting dated April 11, 2002, and special
meeting dated Apri129, 2002.
Councilmember Barrett moved to approve the minutes as submitted, second by
Councilmember Vaughn. Motion carried with no opposition.
2. Consider approval of Ordinance No. 235, implementing roadway impact fees.
Councilmember Barrett moved to approve revised Ordinance No. 235, second by
Councilmember Kovach. Motion carried with no opposition.
3. Consider approval of replat for Lot 3RA and Lot 3RB, Block 5, Rolling Acres Addition
along with request for a variance from the requirement to construct amasonry-screening
wall. Requested by owner and applicant, Mr. Dempsey Farmer.
Councilmember Barrett moved to approve replat and variance, second by
Councilmember Clark. Motion carried with no opposition.
4. Consider approval of Ordinance No. 236, Zone Change Case #02-01, for Tract 2A1B of
Abstract 987, M.P. Lamar Survey and Tract 8A4, Abstract 1376, David Strickland
Survey. Requested by applicant Mr. James Pruett on behalf of owner, Ms. Bonelli.
Councilmember Barrett moved to deny Ordinance No. 236, Zone Change Case #02-01 as
Mr. Pruett withdrew his application, second by Councilmember Vaughn. Motion carved
unanimously.
5. Consideration of extending solid waste contract with Duncan Disposal.
Mr. Vince Vrabel representing Duncan Disposal addressed Council regarding afive-year
extension on the current disposal contract.
Council questioned competitive rates and household waste disposal. Mr. Vrabel will
provide a costs summary for council review in an upcoming workshop.
Councilmember Clark moved to table the issue, second by Councilmember Kovach.
Motion carried with no opposition.
6. Consider approval of Change Order #2 for Little School Road Project for perimeter fence
and entrance structures for Shady Creek East and re-alignment of lawn sprinkler system,
and budget amendment.
Councilmember Kovach moved to approve Change Order #2 in the amount of
$27,300.00, second by Councilmember Vaughn. Motion carried with no opposition.
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7. Consideration of adopting revisions to the City Personnel Policy Manual.
Legal Counsel advised that the personnel policy had a complete makeover to update the
policy and bring it into compliance with Case Law and Statutory requirements, and feels
as presented it is a very comprehensive document.
A lengthy discussion followed with several changes recommended to the policy.
Councilmember Barrett moved to approve the proposed revisions to the City Personnel
Policy Manual with recommended changes discussed during the meeting, second by
Councilmember Kovach. Motion carried with all members voting in favor.
8. Consider 3% employee pay raise effective May 1S`
Councilmember Barrett moved to approve three percent (3%) employee salary increase
effective May 1, 2002, and providing that this increase will not apply to employees
whose employment terminates prior to June 1, 2002 or who are laced on administrative
leave prior to that date. Motion died due to lack of second.
A discussion followed with what percentage of increase should employees receive, and
timing of pay increase.
Councilmember Clark moved to increase employee pay three percent (3%) effective May
1, 2002, second by Councilmember Kovach.
More discussion took place regarding pay increase and salary structure in the upcoming
budget for fiscal year 2002/2003, before all members voted in favor. Motion carried.
Consider approval of Resolution No. 237, authorizing intervention in Gas Utilities
Docket 9292 at the Railroad Commission; authorizing participation in a steering
committee with other cities served by TXLJ.
Councilmember Kovach moved to approve Resolution No. 237, second by
Councilmember Clark. Motion carried unanimously.
D. STAFF COMMENTS
City Manager Report -Ted Rowe briefed council on the following:
a. Provided copies of grant application for City Park pavilion and restroom facility;
b. T-3 well out of service -advised still under warranty;
c. Road repair began on Kennedale-Everman-Burleson Road;
d. New guard rail installed on Averett Road;
e. Duck crossing sign in process of being established.
E. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements - No report from Mayor Wright.
2. Council Reports/Announcements -Councilmember Kovach questioned street dance. Ted
Rowe advised that it was not funded in the budget.
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F. EXECUTIVE SESSION
Mayor Wright entered into executive session at 9:25 p.m.
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 (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; (3)
request for public information; and litigation, settlement offers, and/or claims.
a. County of Tarrant, Texas v. Jerry Coyel; Cause No. 348-185513-00
b. Apache Iron/Metal & Auto Salvage, Inc. v. City of Kennedale; Cause No.
348-187627 O1 (131-01-01)
c. Robert S. Mhoon v. City of Kennedale
d. Greg B. Gauntt v. City of Kennedale; Cause No. 96-17785-01
e. Police Department Issues.
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 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
G. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON
ITEMS DISCUSSED IN EXECUTIVE SESSION.
Mayor Wright reconvened into open session at 11:35 p.m.
H. ADJOURNMENT
Councilmember Barrett moved to adjourn the meeting at 11:42 p.m., second by
Councilmember Clark.
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City Secretary
APPROVED: 6• /3 • ~ Z
Mayor, Mark S. W ~ t
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