12/13/2001, Regular Meeting Minutes2804
MINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING -DECEMBER 13, 2001
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
COUNCIL CHAMBERS
Mayor Pro Tem Kovach called the meeting to order at 7:30 p.m.
Members present: Mayor Pro Tem Kovach, Councilmembers Clark, Barrett and Vaughn.
Members absent: Mayor Wright and Councilmember Hoover.
Staff present: Ted Rowe, Kathy Turner, Dave White, LiJen Lee, Mort Wetterling and legal
counsel, Wayne K. Olson.
Councilmember Barrett gave the invocation.
A. VISITOR/CITIZENS FORUM
Ms. Kay Pile of 809 Pennsylvania Avenue, Kennedale, Texas addressed Council regarding a
proposed code violation for impeding drainage flow in the right-of--way. Ms. Pile stated that
she did not receive proper notification of any city code that she has violated and that the city
removed rock from her right-of--way that she paid $2,000 to have installed. She feels that she
has been singled out due to a complaint the City received from her neighbor. Ms. Pile
requested that Council look into the situation to prevent future discrimination, requested
proper notification be given to her in writing as to what city code she has violated, and that
compensation be returned to her for the removal of the rock.
Mr. Bill Atchley of Bill's Resale Shop located on the Mansfield Highway, Kennedale, Texas
also addressed Council regarding proper notification of code violations.
Mr. Bob Duval of 1010 Colonial Court, Kennedale, Texas addressed Council on behalf of the
Kennedale Park Board. Mr. Duval stated that the Park Board had submitted a formal
recommendation to the Mayor and City Council regarding the naming of the City Park and
park improvements for a gazebo and restroom facility. Mr. Duval questioned as to why the
park improvements had been removed from the agenda when available funds were in the park
fund to provide for improvements. He requested a written notification be provided to the
Park Board as to when park improvements would be placed on the Council agenda and a
written accounting of funds available in the park fund.
B. CONSENT AGENDA
1. Approval of city council minutes: Workshop and regular meeting dated November 8,
2001.
2. Approval of second payment of Cities Aggregation Power Project (CAPP) assessment for
$1,214.45.
3. Approval of Contract 01-08 with Tarrant County for reconstruction of approximately .09
miles of Everman-Kennedale-Burleson Road.
4. Approval of Contract 01-09 with Tarrant County for reconstruction of East Sublett Road
from Little School Road to Arlington City Limits.
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5. Consider approval of Resolution No. 135 relating to amending a deferred compensation
plan.
Councilmember Barrett moved to approve consent agenda items one through five as
presented, second by Councilmember Clark. Motion carried.
C. REGULAR ITEMS
6. Consider approval of Ordinance No. 228, amending Administrative Fees.
Councilmember Barrett moved to approve Ordinance No. 228 amending administrative
fees contingent upon changing fees to reflect $200.00 for annexation request, zone
change or amendment, variance or special use permit, and changing garage sale permits
to reflect $10; second by Councilmember Clark. Motion carried.
7. Consider approval of Ordinance No. 229 adopting 2000 Edition of the International
Residential Code with City and COG amendments and 1999 Edition of the National
Electrical Code with COG amendments.
Councilmember Barrett moved to approve Ordinance 229 as presented, second by
Councilmember Clark. Motion carried.
D. STAFF COMMENTS
1. City Manager Report
City Manager, Ted Rowe advised Council that the heating unit had been replaced in the
Senior Citizen Center and that the City had received a verbal good audit report with draft
audit due in approximately two weeks. He also addressed the financial report presented
by Mrs. LiJen Lee, Director of Finance.
2. Project Coordinator Report
Project Coordinator, Dave White informed Council that the retaining wall and fence
should start going up for Shady Creek East since the utilities were being relocated, and
that construction on East Sublett should begin the first or second week of January 2002.
E. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor ReportlAnnouncements
No report or announcements from Mayor Wright as he was absent.
2. Council Reports/Announcements
Councilmember Barrett wished everyone a joyous holiday season.
Councilmember Kovach thanked Ms. Millie Wells, permit clerk for a job well done on
the 2001 annual Christmas Tree lighting ceremony.
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F. EXECUTIVE SESSION
Mayor Pro-Tem Kovach recessed the meeting at 7:59 p.m. to enter into 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 (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 O1 (131-01-01)
e. Robert S. Mhoon v. City of Kennedale
£ Greg B. Gauntt v. City of Kennedale
g. City of Denton v. TXU
h. 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.
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 Pro-Tem Kovach reconvened into open session at 10:15 p.m.
Councilmember Clark moved to direct staff to complete and send a letter to all businesses
affected by the Business 287 Overlay ordinance specifically describing the issues for each
business that the overlay affects as to that business advising them of the intention to defer
enforcement of what are called developmental issues affected by the actual widening of
Business 287, and also direct a revision of the overlay ordinance regarding the masonry
requirements on the existing businesses within the 287 overlay. Councilmember Barrett
second the motion. Motion carried unanimously.
Councilmember Clark moved to have a letter prepared requesting the return of compensation
overpaid to employee covering the period of time from November 19, 2001 through January
2, 2002, and to include overpayment of sick and vacation pay and the return of any additional
amounts or credits due to the city, second by Councilmember Vaughn. Motion carried
unanimously.
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H. ADJOURNMENT
Councilmember Clark moved to adjourn the meeting at 10:18 p.m., second by
Councilmember Barrett. Motion carried.
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MINUTES OF
KENNEDALE CITY COUNCIL
WORKSHOP -DECEMBER 13, 2001
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
PRE-COUNCIL CHAMBERS
Mayor Pro-Tem Kovach called the workshop to order at 6:46 p.m.
Members present: Councilmember Clark, Barrett and Vaughn.
Members absent: Mayor Wright and Councilmember Hoover.
Staff present: Ted Rowe, Kathy Turner, Dave White, Mort Wetterling, and legal counsel, Wayne
K. Olson.
A. WORKSHOP
1. Discussion regarding adopting Uniform Building Code.
Council was briefed on the 2000 International Residential Code. It was noted that the
new residential code is not equivalent to the existing city codes and is tailored towards
the homebuilder to allow statewide uniformity. Therefore, staff is recommending that
council approve the 2000 I.R.C. with COG amendments and additional local amendments
provided by the Building Official, Grant Bell, and any other amendments that may come
forth at a later date.
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2. Discussion regarding other agenda items.
A brief discussion took place regarding Ordinance No. 228, amending Administrative
Fees with emphasis being placed on animal impoundment fees relating to repeat
offenders and livestock. It was also suggested to increase fees for request for annexation,
zone change or amendments, variance and special use permits, as well as garage sale
permits.
Next, legal counsel addressed taxation of leased vehicles. Mr. Olson stated that all leased
vehicles would be taxed with the exception of vehicles used for personal use unless
council opted out by December 31, 2001. Mr. Olson said that the legislature is due to
revisit this issue in 2003 and may strip all taxation, but we will not know until such time.
B. ADJOURNMENT
Mayor Pro-Tem Kovach adjourned the workshop at 7:28 p.m.
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