03.08.2001 CC Minutes2546
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING -MARCH 8, 2001
100 E. BROADWAY ST. -COMMUNITY CENTER
Mayor Wright called the meeting to order at 7:40 p.m.
Members present: Mayor Wright, Councilmembers Clark, Hoover, Barrett, Vaughn and Kovach.
Members absent: None
Staff present: Ted Rowe, Kathy Turner, Dave White, Li Jen Lee, Linda Royster, Mort Wetterling,
David Geeslin, and legal counsel, Wayne K. Olson.
Councilmember Barrett gave the invocation.
A. PRESENTATION
1. Receive status report from Callahan & Associates regarding new city hall.
Mr. Russ Byrd and Mr. Bill Gentry, representatives with Speed Fab-Crete were present to
brief Council regarding the status of new city hall. Mr. Byrd presented Council a revised
construction schedule and a summary of change orders. Mr. Gentry informed Council
that the quarry the in main corridor was laid and was in the process of being grouted,
main punch list would be completed the following week, which included all paint touch-
ups and workman defects, and the week of March 26 carpet would be installed. In
addition, 75 percent of concrete is completed and weather permitting, would be
completed next week.
B. PUBLIC HEARINGS
To receive citizen comments regarding the proposed zoning classifications for properties
annexed into the city in December 1998, as well as the land that makes up the Oak Crest
Addition, which was annexed by the City of Kennedale in May 1999. As a result of
annexation, and, per the City Code, heretofore, addressed property received a temporary
zoning classification of "R-1" (Single Family Residential). Additionally, all of the city
land that has previously been zoned "PD" (Planned Development) is also being rezoned
to a classification within the Residential, Commercial, or Industrial categories.
The following persons addressed Council in opposition to the proposed rezoning
classifications:
Mr. Will Miller, Realtor for Mr. Rick Dielman, owner of property at 7205 Hudson
Village Creek Road identified as Wade H. Hudson Survey, Abstract 716, Tract 2,
containing 22.3300 acres. Proposing "C2" General Commercial District. Requested "I"
Industrial.
Mr. Bill Summers and Mr. Huck Newberry addressed the Williams Property in the 700
block of East Mansfield Cardinal Road identified as Jesse B. Renfro Survey, Abstract
1260, Tracts SA and SB, containing 71.7000 acres. Mr. Summers did present a letter on
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behalf of the owners requesting denial of the proposed zone change. Proposing "R2"
Single Family Residential. Requested to leave as "PD" Planned Development District.
Mr. Terry Smitherman of 3917 S. New Hope Rd., Kennedale, Tx. addressed his property
identified as Robert C. Richey Survey, Abstract 1327, Tract 2H, containing .6200 acres.
Proposing "C2" General Commercial District. Requested "R2" Single Family District.
Mr. Bob Nichols of 7527 Mansfield Highway, Kennedale, Tx., addressed his property
identified as Jesse Russell Survey, Abstract 1361, Tract 13A02, containing .8600 acres.
Proposing "R3" Single Family Residential District. Requesting "C2" General
Commercial District or "I" Industrial District.
Mr. Charles Doescher, spoke on behalf of Apache Iron Metal and Auto Salvage located at
5432 Mansfield Highway, Kennedale, Tx. Mr. Doescher submitted a letter to Mayor
Wright from Walter W. Leonard, Attorney At Law regarding the proposed rezoning of
Kennedale and Amortization Ordinance. Mr. Doescher is against the rezoning of
properties identified as Oak Crest Addition, Block 4, Lots 9, 10A, 11A, 12A, 13A, 14
thru 18, Lot 19A, and Lots 20 thru 22. Proposing "C1" Restricted Commercial District.
Requesting "I" Industrial District.
Mrs. Pat Doescher, General Manager of Apache Iron Metal and Auto Salvage located at
5432 Mansfield Highway, Kennedale, Tx. addressed Council in opposition to the
rezoning of properties identified as Oak Crest Addition, Block 4, Lots 9, 10A, 11A, 12A,
13A, 14 thru 18, Lot 19A, and Lots 20 thru 22. In addition, Mrs. Doescher presented
several petitions to Mayor Wright in opposition to the rezoning. Proposing "C1"
Restricted Commercial District. Requesting "I" Industrial District.
The following persons registered against the proposed rezoning, but did not wish to
address Council and/or had a representative speak on their behalf:
Mr. Rick Dielman, 7205 Hudson Village Creek Road, Kennedale, Tx. Mr. Will Miller
addressed Council on Mr. Dielman's behalf. Refer to notes above.
Mr. & Mrs. Terry Scott of 3775-A Kennedale New Hope Road, Kennedale, Texas.
Property identified as Robert C. Richey Survey, Abstract 1327, Tract 2K. Proposing
"R2" Single Family District. Requesting "MH" Manufactured Home District.
2. To receive citizen comments regarding adding Article VII to Chapter 17, providing for
regulations of Signs.
The following two persons registered against the proposed sign ordinance:
Mr. William (Bill) Atchely, 1400 Fern Court, Kennedale, Texas. Also, owner of Bill's
Resale Shop located at 203 E. Mansfield Highway and recently purchased 205 E.
Mansfield Highway.
Mr. Robert Hutchison, 3705 Kennedale New Hope Road, Kennedale, Texas. Also, owner
of Texas Raceways located in the 3700 block of New Hope Road.
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Issues raised in argument of the proposed ordinance were discrimination against small
businesses by not allowing portable signs, flags, banners, and/or any type of attention
getting devices.
C. VISITOR/CITIZENS FORUM
Mrs. Jacqueline Skaggs of 4521 Danny Drive, Kennedale, Texas questioned the differences
between the various single-family residential zoning classifications.
D. REGULAR ITEMS
1. Consider approval of minutes: Special meeting dated February 1, 2001; workshop and
regular meeting dated February 8, 2001.
Councilmember Barrett moved to approve the above minutes as they were drafted,
second by Councilmember Hoover. Motion carried.
2. Consider approval of Ordinance No. 210, establishing zoning.
After a brief discussion, it was recommended that a workshop be scheduled to review the
various zoning disputes and reschedule for action in 30 days.
Councilmember Hoover moved to table Ordinance No. 210 until the April meeting,
second by Councilmember Barrett.
Councilmember Hoover amended his motion to table Ordinance No. 210 until the April
12, 2001 meeting. Councilmember Barrett accepted amended motion and moved to
second with all members voting in favor.
3. Consider approval of Ordinance No. 211, providing for regulations of signs.
Additional information was requested in regards to what kind of impact the proposed sign
ordinance would create to existing businesses along Business 287 and time issues.
Councilmember Clark moved to table Ordinance No. 211, second by Councilmember
Barrett. Motion carried.
4. Consider approval of engineer's proposal for design of utility realignment for widening
of Business 287.
Councilmember Kovach moved to accept the proposal for design of utility realignment
for widening of Business 287 with Cheatham & Associates, second by Councilmember
Clark. Motion carried.
5. Consider approval of contract with Tarrant County for the construction of a right turn
lane on West Sublett Road at the intersection of Little School Road.
Councilmember Clark moved to approve contract with Tarrant County for the
construction of a right turn lane on West Sublett Road at the intersection of Little School
Road with an estimated cost of $3,000.00, second by Councilmember Barrett and all
members voted in favor.
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6. Consider approval of contract with Tarrant County for the reconstruction of Little School
Road from Mansfield Cardinal Road approxirately 1.06 miles to 937 Little School Road.
Councilmember Clark moved to approve contract with Tarrant County for the
reconstruction of Little School Road from Mansfield Cardinal Road (approximately 1.06
miles to 937 Little School Road) with an estimated amount of $135,000, second by
Councilmember Hoover. Motion carried.
7. Award bid for Community Development Block Grant (CDBG) 26`x' Year -Sanitary
Sewer Improvements.
Councilmember Clark moved to award bid for Community Development Block Grant
(CDBG) 26"' Year -Sanitary Sewer Improvements to serve Oakridge Mobile Home
Estates to Rhino Utility Construction in the amount of $94,860.00 and 180 calendar days.
Councilmember Barrett seconded the motion. Motion carried.
8. Award bid for AudioNideo System for new Kennedale City Hall.
Councilmember Clark moved to award bid to Orlando Sound Company with a maximum
amount of $56,196.00 subject to deletions as necessary, second by Councilmember
Kovach. Motion carried.
E. STAFF COMMENTS
1. City Manager Report
City Manager, Ted Rowe addressed Council regarding an emergency change for new city
hall relating to installation of a fire alarm system. The system had to be installed prior to
installing the in main corridor and the cost was $11,500. This cost will be presented in a
change order form at the next regularly scheduled meeting and charged against the court
security fund.
In addition, Mr. Rowe said that budget controls were being revamped and that Mrs. Lee,
Director of Finance had incorporated changes in the audit, which will be available next
month for council consideration. The changes brought forth will create a more accurate
budget and will provide for an easier budget process.
2. Director of Finance Report
Director of Finance, Li Jen Lee advised Council that an account with Federated Investors
Inc., had been opened to invest in the Government Obligations Fund, and that it was
authorized under the City's investment policy. Mrs. Lee said by opening the account, it
would create an opportunity for the City to receive cash management service without
paying "hard dollar".
Next, Mrs. Lee addressed the month reports, which included general fund revenues and
expenditures, general fund available funds, water and sewer fund revenues and expenses,
water and sewer fund available funds, 1998 CO Bond Capital Project status report, and
sales tax history report.
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3. Project Coordinator Report
Project Coordinator, Dave White briefed council all active projects, which included the
elevated storage tank, park walkway, and reconstruction of Little Road. He also spoke
about the upcoming concert in the park scheduled for June 9, 2001.
F. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor Report/Announcements
Mayor Wright recommended sending a "Thank You" letter to Mr. Michael Morris, with
Regional Transportation Council for his efforts in obtaining additional funding for the
Business 287 Highway expansion.
Next, Mayor Wright addressed a listing prepared by the City of Benbrook regarding
legislative actions of House and Senate bills. He said if Council would like a copy to
please notify him.
2. Council Reports/Announcements
No reports or announcements from Councilmembers, Mayor Wright recessed the meeting
at 10:00 p.m. and entered into executive session at 10:10 p.m.
G. 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 (1) any matter in
which the duty of the City Attorney under the Texas Disciplinary Rules of Professional
Conduct may conflict with the Cipen 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. City of Denton v. TXU Litigation
b. Discussion on legal advice regarding Big Box ordinance.
c. County of Tarrant, Texas v. Jerry Coyel; Cause No. 348-185513-00
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. City Manager
H. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON
ITEMS DISCUSSED IN EXECUTIVE SESSION.
Mayor Wright reconvened into open session at 10:27 p.m. No action was taken on item H.
I. ADJOURNMENT
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Councilmember Barrett moved to adjourn the meeting at 10:29 p.m., second by
Councilmember Clark. Motion carried.
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MINUTES OF
KENNEDALE CITY COUNCIL
WORKSHOP -MARCH 8, 2001
100 E. BROADWAY ST. -COMMUNITY CENTER
Mayor Wright called the workshop to order at 6:34 p.m.
Members present: Mayor Wright, Councilmembers Clark, Hoover, Barrett, Vaughn, and Kovach.
Members absent: None
Staff present: Ted Rowe, Kathy Turner, Dave White, Li Jen Lee, and legal counsel, Wayne K.
Olson. Also present were Library Advisory Board Members, Melode Seremet, Sam Zaccali,
Beverly Reher and Rebecca Clark, as well as Library Director, Gwen Bevill.
A. WORKSHOP
1. Briefing by Mr. Joel Burns on Southwest Metroplex Alliance activities.
Mr. Joel Burns briefed Council members on upcoming activities of the Southwest
Metroplex Alliance. Mr. Burns presented handouts to Council detailing such and
encouraged their participation.
2. Discussion with TxDOT representatives regarding Highway 287 project.
Mr. Paul Hognett, representative with Texas Department of Transportation (TxDot) was
present and said the letting date for the Highway 287 expansion was scheduled for July
2002, which would allow time for utility relocations and plans developed by the City of
Kennedale.
3. Briefing by Library Advisory Board
Mrs. Melode Seremet, Library Advisory Board Chair addressed Council in regards to The
Goals of the Facility Improvement Plan, as written by the Library Advisory Board.
Overall goals were discussed along with action taken, start date, completion date,
person(s) responsible, resources, success criteria and status of each goal. A question and
answer period followed with additional information being requested for estimated costs
for resources to help plan for long time funding projections.
4. Briefing on Sign Ordinance.
Mr. Mort Wetterling, Planning Director briefed Council on the development of the
proposed sign ordinance. Mr. Wetterling explained that the Planning and Zoning
Commission had worked on this ordinance over the last three years and it was comprised
of six various city's sign ordinance, and had been reviewed by legal counsel. He said that
the ordinances was short of one thing, which he felt was needed, and that was a
compliance date for non-compliance signs, which Council could determine.
In addition, Mr. Wetterling said that there was a discrepancy on page 5, Section 17-4 (b)
that needed to be corrected because the proposed ordinance would replace the existing
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Business 287 and Interstate 20/Loop 820 regulations, and the ordinance states that it will
not.
He also made Council aware that garage sale signs would not be addressed in this
ordinance as they are addressed in Article IX of the City Code.
A question and answer period followed with a recommendation being made to delete
Section 17-8 (2) Monument sign specifications. General information relating to the
number of signs the proposed ordinance would have an impact on was also questioned
and it was noted that the proposed ordinance would not place any more restrictions on
businesses that the current Business 287 Overlay district has not already imposed.
B. ADJOURNMENT
Mayor Wright adjourned the workshop at 7:29 p.m.
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